Florida Senate - 2015 SB 948
By Senator Gaetz
1-00930A-15 2015948__
1 A bill to be entitled
2 An act relating to career education and job training;
3 amending s. 446.021, F.S.; revising terms; amending s.
4 446.032, F.S.; conforming a provision to a change made
5 by the act; amending s. 446.045, F.S.; clarifying
6 State Apprenticeship Advisory Council membership;
7 amending s. 446.081, F.S.; clarifying the limitations
8 of certain provisions; amending s. 446.091, F.S.;
9 conforming a provision to a change made by the act;
10 amending s. 446.092, F.S.; revising characteristics of
11 an apprenticeable occupation; amending s. 1011.62,
12 F.S.; revising funding to include career and
13 professional academies; amending s. 1004.92, F.S.;
14 requiring the State Board of Education to adopt rules
15 for administration; amending s. 1006.735, F.S.;
16 establishing the Rapid Response Education and Training
17 Program within the Complete Florida Plus Program;
18 requiring the Complete Florida Plus Program to work
19 with Enterprise Florida, Inc., to offer education and
20 training programs to businesses’ employees; specifying
21 the duties of the Rapid Response Education and
22 Training Program; requiring reports to the
23 Legislature; requiring the Division of Career and
24 Adult Education within the Department of Education to
25 conduct an analysis and assessment of the
26 effectiveness of the education and training programs;
27 providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Subsections (2), (4), and (9) of section
32 446.021, Florida Statutes, are amended to read:
33 446.021 Definitions of terms used in ss. 446.011-446.092.
34 As used in ss. 446.011-446.092, the term:
35 (2) “Apprentice” means a person at least 16 years of age
36 who is engaged in learning a recognized skilled trade through
37 actual work experience under the supervision of journeyworker
38 journeymen craftsmen, which training should be combined with
39 properly coordinated studies of related technical and
40 supplementary subjects, and who has entered into a written
41 agreement, which may be cited as an apprentice agreement, with a
42 registered apprenticeship sponsor who may be either an employer,
43 an association of employers, or a local joint apprenticeship
44 committee.
45 (4) “Journeyworker” “Journeyman” means a worker who has
46 attained certain skills, abilities, and competencies and who is
47 recognized within an industry as having mastered the skills and
48 competencies required for the occupation. The term includes a
49 mentor, technician, specialist, or other skilled worker who has
50 documented sufficient skills and knowledge of an occupation,
51 through formal apprenticeship or through practical, on-the-job
52 experience or formal training a person working in an
53 apprenticeable occupation who has successfully completed a
54 registered apprenticeship program or who has worked the number
55 of years required by established industry practices for the
56 particular trade or occupation.
57 (9) “Related instruction” means an organized and systematic
58 form of instruction designed to provide the apprentice with
59 knowledge of the theoretical and technical subjects related to a
60 specific trade or occupation. Such instruction may be given in a
61 classroom, through occupational or industrial courses, or by
62 correspondence courses of equivalent value, including electronic
63 media or other forms of self-study instruction approved by the
64 department.
65 Section 2. Subsection (1) of section 446.032, Florida
66 Statutes, is amended to read:
67 446.032 General duties of the department for apprenticeship
68 training.—The department shall:
69 (1) Establish uniform minimum standards and policies
70 governing apprentice programs and agreements. The standards and
71 policies shall govern the terms and conditions of the
72 apprentice’s employment and training, including the quality
73 training of the apprentice for, but not limited to, such matters
74 as ratios of apprentices to journeyworkers journeymen, safety,
75 related instruction, and on-the-job training; but these
76 standards and policies may not include rules, standards, or
77 guidelines that require the use of apprentices and job trainees
78 on state, county, or municipal contracts. The department may
79 adopt rules necessary to administer the standards and policies.
80 Section 3. Paragraph (b) of subsection (2) of section
81 446.045, Florida Statutes, is amended to read:
82 446.045 State Apprenticeship Advisory Council.—
83 (2)
84 (b) The Commissioner of Education or the commissioner’s
85 designee shall serve ex officio as chair of the State
86 Apprenticeship Advisory Council, but may not vote. The state
87 director of the Office of Apprenticeship of the United States
88 Department of Labor shall serve ex officio as a nonvoting member
89 of the council. The Governor shall appoint to the council four
90 members representing employee organizations and four members
91 representing employer organizations. Each of these eight members
92 shall represent industries that have registered apprenticeship
93 programs. The Governor shall also appoint two public members who
94 are knowledgeable about registered apprenticeship and
95 apprenticeable occupations, who are independent of any joint or
96 nonjoint organization one of whom shall be recommended by joint
97 organizations, and one of whom shall be recommended by nonjoint
98 organizations. Members shall be appointed for 4-year staggered
99 terms. A vacancy shall be filled for the remainder of the
100 unexpired term.
101 Section 4. Subsection (4) is added to section 446.081,
102 Florida Statutes, to read:
103 446.081 Limitation.—
104 (4) Nothing in ss. 446.011-446.092 or the implementing
105 rules in these sections shall operate to invalidate any special
106 provision for veterans, minority persons, or women in the
107 standards, qualifications, or operation of the apprenticeship
108 program or in the apprenticeship agreement which is not
109 otherwise prohibited by law, executive order, or authorized
110 regulation.
111 Section 5. Section 446.091, Florida Statutes, is amended to
112 read:
113 446.091 On-the-job training program.—All provisions of ss.
114 446.011-446.092 relating to apprenticeship and
115 preapprenticeship, including, but not limited to, programs,
116 agreements, standards, administration, procedures, definitions,
117 expenditures, local committees, powers and duties, limitations,
118 grievances, and ratios of apprentices and job trainees to
119 journeyworkers journeymen on state, county, and municipal
120 contracts, shall be appropriately adapted and made applicable to
121 a program of on-the-job training authorized under those
122 provisions for persons other than apprentices.
123 Section 6. Section 446.092, Florida Statutes, is amended to
124 read:
125 446.092 Criteria for apprenticeship occupations.—An
126 apprenticeable occupation is a skilled trade which possesses all
127 of the following characteristics:
128 (1) It is customarily learned in a practical way through a
129 structured, systematic program of on-the-job, supervised
130 training.
131 (2) It is clearly identified and commonly recognized
132 throughout an the industry or recognized with a positive view
133 towards changing technology.
134 (3) It involves manual, mechanical, or technical skills and
135 knowledge which in accordance with the industry standard for the
136 occupation, requires require a minimum of 2,000 hours of on-the
137 job work and training, which hours are excluded from the time
138 spent at related instruction.
139 (4) It requires related instruction to supplement on-the
140 job training. Such instruction may be given in a classroom,
141 through occupational or industrial courses, or through
142 correspondence courses of equivalent value, including electronic
143 media or other forms of self-study instruction approved by the
144 department.
145 (5) It involves the development of skill sufficiently broad
146 to be applicable in like occupations throughout an industry,
147 rather than of restricted application to the products or
148 services of any one company.
149 (6) It does not fall into any of the following categories:
150 (a) Selling, retailing, or similar occupations in the
151 distributive field.
152 (b) Managerial occupations.
153 (c) Professional and scientific vocations for which
154 entrance requirements customarily require an academic degree.
155 Section 7. Paragraph (o) of subsection (1) of section
156 1011.62, Florida Statutes, is amended to read:
157 1011.62 Funds for operation of schools.—If the annual
158 allocation from the Florida Education Finance Program to each
159 district for operation of schools is not determined in the
160 annual appropriations act or the substantive bill implementing
161 the annual appropriations act, it shall be determined as
162 follows:
163 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
164 OPERATION.—The following procedure shall be followed in
165 determining the annual allocation to each district for
166 operation:
167 (o) Calculation of additional full-time equivalent
168 membership based on successful completion of a career-themed
169 course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
170 courses with embedded CAPE industry certifications or CAPE
171 Digital Tool certificates, and issuance of industry
172 certification identified on the CAPE Industry Certification
173 Funding List pursuant to rules adopted by the State Board of
174 Education or CAPE Digital Tool certificates pursuant to s.
175 1003.4203.—
176 1.a. A value of 0.025 full-time equivalent student
177 membership shall be calculated for CAPE Digital Tool
178 certificates earned by students in elementary and middle school
179 grades.
180 b. A value of 0.1 or 0.2 full-time equivalent student
181 membership shall be calculated for each student who completes a
182 course as defined in s. 1003.493(1)(b) or is enrolled in a
183 career and professional academy as defined in s. 1003.493(1)(a)
184 or completes all performance expectations of a CAPE Innovation
185 Course as defined in s. 1003.4203(5)(a) courses with embedded
186 CAPE industry certifications and who is issued a CAPE Industry
187 an industry Certification identified annually on the CAPE
188 Industry Certification Funding List approved under rules adopted
189 by the State Board of Education. A value of 0.2 full-time
190 equivalent membership shall be calculated for each student who
191 is issued a CAPE industry certification that has a statewide
192 articulation agreement for college credit approved by the State
193 Board of Education. For CAPE industry certifications that do not
194 articulate for college credit, the Department of Education shall
195 assign a full-time equivalent value of 0.1 for each
196 certification. Middle grades students who earn additional FTE
197 membership for a CAPE Digital Tool certificate pursuant to sub
198 subparagraph a. may not use the previously funded examination to
199 satisfy the requirements for earning an industry certification
200 under this sub-subparagraph. Additional FTE membership for an
201 elementary or middle grades student shall not exceed 0.1 for
202 certificates or certifications earned within the same fiscal
203 year. The State Board of Education shall include the assigned
204 values on the CAPE Industry Certification Funding List under
205 rules adopted by the state board. Such value shall be added to
206 the total full-time equivalent student membership for grades 6
207 through 12 in the subsequent year for courses that were not
208 provided through dual enrollment. CAPE industry certifications
209 earned through dual enrollment must be reported and funded
210 pursuant to s. 1011.80.
211 c. A value of 0.3 full-time equivalent student membership
212 shall be calculated for student completion of the courses and
213 the embedded certifications identified on the CAPE Industry
214 Certification Funding List and approved by the commissioner
215 pursuant to ss. 1003.4203(5)(a) and 1008.44.
216 d. A value of 0.5 full-time equivalent student membership
217 shall be calculated for each student who completes a career
218 themed course as defined in s. 1003.493(1)(b) or is enrolled in
219 a career and professional academy and who is issued a CAPE
220 Acceleration Industry Certification Certifications that
221 articulates articulate for 15 to 29 college credit hours, and
222 1.0 full-time equivalent student membership shall be calculated
223 for each student who completes a career-themed course as defined
224 in s. 1003.493(1)(b) or is enrolled in a career and professional
225 academy and who is issued a CAPE Acceleration Industry
226 Certification Certifications that articulates articulate for 30
227 or more college credit hours pursuant to CAPE Acceleration
228 Industry Certifications approved by the commissioner pursuant to
229 ss. 1003.4203(5)(b) and 1008.44.
230 2. Each district must allocate at least 80 percent of the
231 funds provided for CAPE industry certification, in accordance
232 with this paragraph, to the program that generated the funds.
233 This allocation may not be used to supplant funds provided for
234 basic operation of the program.
235 3. For CAPE industry certifications earned in the 2013-2014
236 school year and in subsequent years, the school district shall
237 distribute to each classroom teacher who provided direct
238 instruction toward the attainment of a CAPE industry
239 certification that qualified for additional full-time equivalent
240 membership under subparagraph 1.:
241 a. A bonus in the amount of $25 for each student taught by
242 a teacher who provided instruction in a course that led to the
243 attainment of a CAPE industry certification on the CAPE Industry
244 Certification Funding List with a weight of 0.1.
245 b. A bonus in the amount of $50 for each student taught by
246 a teacher who provided instruction in a course that led to the
247 attainment of a CAPE industry certification on the CAPE Industry
248 Certification Funding List with a weight of 0.2, 0.3, 0.5, and
249 1.0.
250
251 Bonuses awarded pursuant to this paragraph shall be provided to
252 teachers who are employed by the district in the year in which
253 the additional FTE membership calculation is included in the
254 calculation. Bonuses shall be calculated based upon the
255 associated weight of a CAPE industry certification on the CAPE
256 Industry Certification Funding List for the year in which the
257 certification is earned by the student. Any bonus awarded to a
258 teacher under this paragraph may not exceed $2,000 in any given
259 school year and is in addition to any regular wage or other
260 bonus the teacher received or is scheduled to receive.
261 Section 8. Paragraph (b) of subsection (2) of section
262 1004.92, Florida Statutes, is amended to read:
263 1004.92 Purpose and responsibilities for career education.—
264 (2)
265 (b) Department of Education accountability for career
266 education includes, but is not limited to:
267 1. The provision of timely, accurate technical assistance
268 to school districts and Florida College System institutions.
269 2. The provision of timely, accurate information to the
270 State Board of Education, the Legislature, and the public.
271 3. The development of policies, rules, and procedures that
272 facilitate institutional attainment of the accountability
273 standards and coordinate the efforts of all divisions within the
274 department.
275 4. The development of program standards and industry-driven
276 benchmarks for career, adult, and community education programs,
277 which must be updated every 3 years. The standards must include
278 career, academic, and workplace skills; viability of distance
279 learning for instruction; and work/learn cycles that are
280 responsive to business and industry; and reflect the quality
281 components of a career and technical education program. The
282 State Board of Education shall adopt rules to administer this
283 section.
284 5. Overseeing school district and Florida College System
285 institution compliance with the provisions of this chapter.
286 6. Ensuring that the educational outcomes for the technical
287 component of career programs are uniform and designed to provide
288 a graduate who is capable of entering the workforce on an
289 equally competitive basis regardless of the institution of
290 choice.
291 Section 9. Present subsections (5) and (6) of section
292 1006.735, Florida Statutes, are redesignated as subsections (6)
293 and (7), respectively, and a new subsection (5) is added to that
294 section, to read:
295 1006.735 Complete Florida Plus Program.—The Complete
296 Florida Plus Program is created at the University of West
297 Florida.
298 (5) RAPID RESPONSE EDUCATION AND TRAINING PROGRAM.—The
299 Rapid Response Education and Training Program is established
300 within the Complete Florida Plus Program. Under the Rapid
301 Response Education and Training Program, the Complete Florida
302 Plus Program shall work directly with Enterprise Florida, Inc.,
303 in project-specific industry recruitment and retention efforts
304 to offer education and training programs to businesses’
305 employees.
306 (a) The Rapid Response Education and Training Program must:
307 1. Issue challenge grants through requests for proposals
308 that are open to all education and training providers, public or
309 private. These grants match state funding with education and
310 training provider funds to implement particular education and
311 training programs.
312 2. Generate periodic reports from an independent forensic
313 accounting or auditing entity to ensure transparency of the
314 program. These periodic reports must be submitted to the
315 President of the Senate and the Speaker of the House of
316 Representatives.
317 3. Keep administrative costs to a minimum through the use
318 of existing organizational structures.
319 4. Work directly with businesses to recruit individuals for
320 education and training.
321 5. Be able to terminate an education and training program
322 by giving 30 days’ notice.
323 6. Survey employers after completion of an education and
324 training program to ascertain the effectiveness of the program.
325 (b) The Division of Career and Adult Education within the
326 Department of Education shall conduct an analysis and assessment
327 of the effectiveness of the education and training programs
328 under this section in meeting labor market and occupational
329 trends and gaps.
330 Section 10. This act shall take effect July 1, 2015.