Florida Senate - 2021 SB 1042



By Senator Brodeur





9-00468C-21 20211042__
1 A bill to be entitled
2 An act relating to vocational pathways; amending s.
3 446.011, F.S.; providing legislative intent; amending
4 s. 446.021, F.S.; defining and redefining terms;
5 amending s. 446.032, F.S.; deleting a delegation of
6 rulemaking authority to the Department of Education;
7 requiring the department to provide specified
8 assistance to postsecondary education institutions;
9 requiring uniform minimum requirements to be uniform
10 across all occupations; making technical changes;
11 amending s. 446.041, F.S.; revising and expanding the
12 department’s duties with respect to apprenticeship and
13 preapprenticeship programs; removing a requirement
14 that the department supervise specified apprenticeship
15 programs; requiring the department to ensure that
16 equal opportunity for specified persons is provided
17 for in certain programs; requiring the department to
18 adopt certain rules; amending s. 446.045, F.S.;
19 requiring a representative of the Office of
20 Apprenticeship of the United States Department of
21 Labor, rather than the state director of the office,
22 to serve ex officio as a specified member of the State
23 Apprenticeship Advisory Council; requiring the
24 Governor to fill specified vacancies on the council;
25 authorizing a designee of the council’s chair to call
26 a meeting of the council; making technical changes;
27 amending s. 446.051, F.S.; providing that certain
28 program sponsors are responsible for specified duties;
29 encouraging district school boards and postsecondary
30 education institutions to cooperate with and assist in
31 providing registered program sponsors with certain
32 items; making technical changes; amending s. 446.052,
33 F.S.; deleting a requirement that the department
34 administer certain provisions in cooperation with
35 specified entities; encouraging district school
36 boards, postsecondary education institutions, and
37 registered program sponsors to cooperate in developing
38 and establishing specified programs; encouraging the
39 department, district school boards, and postsecondary
40 education institutions to work together with specified
41 apprenticeship programs in order that individuals
42 completing the programs may be able to receive certain
43 credit; encouraging postsecondary education
44 institutions to work together with certain associate,
45 career, or degree programs to ensure specified
46 individuals may be able to receive certain credit;
47 making a technical change; amending s. 446.071, F.S.;
48 requiring the department to approve certain
49 apprenticeship sponsors; deleting the definition of
50 the term “need”; expanding the kinds of organizations
51 which may be apprenticeship sponsors; making a
52 technical change; amending s. 446.081, F.S.; providing
53 for the inviolability of executive orders; repealing
54 s. 446.091, F.S., relating to on-the-job training
55 programs; amending s. 446.092, F.S.; revising the
56 characteristics apprenticeable occupations must
57 possess; amending s. 1003.01, F.S.; defining the term
58 “work-based learning”; amending s. 1003.491, F.S.;
59 authorizing the department to adopt rules; amending s.
60 1004.02, F.S.; defining the term “cooperative method
61 of instruction”; amending s. 1007.23, F.S.; requiring
62 the statewide articulation agreement to establish
63 three mathematics pathways for students by aligning
64 mathematics courses to programs, meta-majors, and
65 careers; requiring a representative committee composed
66 of certain entities to collaborate to identify such
67 pathways and the mathematics course sequence within
68 each pathway which align to the mathematics skills
69 needed for success; amending s. 1007.263, F.S.;
70 requiring admissions counseling to use certain tests
71 to measure achievement of college-level communication
72 and computation by students entering college programs;
73 requiring that such counseling measure achievement of
74 certain basic skills; revising requirements for
75 admission to associate degree programs; amending s.
76 1007.271, F.S.; revising eligibility requirements for
77 initial enrollment in college-level dual enrollment
78 courses; revising requirements for home education
79 students seeking dual enrollment in certain
80 postsecondary institutions; amending s. 1008.30, F.S.;
81 requiring the State Board of Education to adopt, by a
82 specified date, rules establishing alternative methods
83 for assessing specified skills of certain students;
84 authorizing Florida College System institutions to use
85 such alternative methods in lieu of the common
86 placement test to assess a student’s readiness to
87 perform college-level work in computation and
88 communication; deleting obsolete provisions; requiring
89 Florida College System institutions to use placement
90 test results or alternative methods to determine the
91 extent to which certain students demonstrate specific
92 skills to indicate readiness for their meta-major;
93 requiring Florida College System institutions to
94 counsel and place certain students in specified
95 college courses; providing that students’
96 developmental education must include only that content
97 needed for success in their meta-major; conforming
98 provisions to changes made by the act; making
99 technical changes; amending s. 1008.44, F.S.;
100 requiring the Commissioner of Education to identify
101 certain certifications as those leading to occupations
102 in specified industry sectors; requiring the
103 commissioner to identify such certifications on a
104 specified list; authorizing the commissioner to limit
105 certain certifications for the purpose of specified
106 calculations; amending s. 1009.25, F.S.; authorizing
107 technical centers, Florida College System
108 institutions, and state universities to enter into
109 specified agreements; authorizing the State Board of
110 Education to adopt specified rules and the Board of
111 Governors to adopt specified regulations; amending s.
112 1011.62, F.S.; providing for calculation of full-time
113 equivalent (FTE) membership for a specified industry
114 certification; deleting a limit on additional FTE
115 membership for certain students; providing for
116 supplemental FTE membership for specified
117 certifications; authorizing districts to use certain
118 funds for specified expenses and programs; prohibiting
119 certain funds from supplanting specified costs;
120 requiring certain bonuses to be calculated in a
121 specified manner; amending s. 1011.80, F.S.; providing
122 for an appropriation to a school district or Florida
123 College System institution from the General
124 Appropriations Act for certain industry
125 certifications; requiring a district school board or
126 Florida College System institution board of trustees
127 that receives certain funding to use the funding in a
128 specified manner; amending s. 1011.81, F.S.; providing
129 for an appropriation to each Florida College System
130 institution from the General Appropriations Act for
131 certain industry certifications; providing an
132 effective date.
133
134 Be It Enacted by the Legislature of the State of Florida:
135
136 Section 1. Section 446.011, Florida Statutes, is amended to
137 read:
138 446.011 Legislative intent regarding apprenticeship
139 training.—
140 (1) It is the intent of the State of Florida to provide
141 educational opportunities for its residents so that they can be
142 trained for trades, occupations, and professions suited to their
143 abilities. It is the intent of this act to promote the mode of
144 training known as apprenticeship in occupations throughout
145 industry in the state that require physical manipulative skills.
146 By broadening The Legislature further intends to broaden job
147 training opportunities by and providing for increased
148 coordination between secondary and postsecondary education
149 institutions and businesses and industries participating in
150 registered apprenticeship programs so that public school
151 academic programs, career programs, and registered
152 apprenticeship programs, the residents of this state will
153 benefit from an additional avenue to a postsecondary credential
154 or degree when on-the-job training is combined with related
155 technical and theoretical instruction provided by a school
156 district or any accredited postsecondary education institution.
157 Therefore, this act encourages apprenticeship programs to lead
158 to a postsecondary credential. Moreover, the valuable training
159 opportunities developed when on-the-job training is combined
160 with academic-related classroom experiences. this act is
161 intended to develop the apparent potentials in apprenticeship
162 training by assisting in the establishment of preapprenticeship
163 programs in the public school system and elsewhere and by
164 expanding presently registered programs as well as promoting new
165 registered programs in jobs that lend themselves to
166 apprenticeship training.
167 (2) It is the intent of the Legislature that the Department
168 of Education have responsibility for the development of the
169 registered apprenticeship and registered preapprenticeship
170 uniform minimum standards for the apprenticeable occupations
171 trades and that the department have responsibility for assisting
172 eligible program sponsors pursuant to s. 446.071 district school
173 boards and Florida College System institution boards of trustees
174 in developing preapprenticeship programs.
175 (3) It is the further intent of ss. 446.011-446.092 that
176 the department ensure quality training through the adoption and
177 enforcement of uniform minimum standards and that the department
178 promote, register, monitor, and service apprenticeship and
179 preapprenticeship training programs and ensure that the programs
180 adhere to the standards.
181 (4) It is the intent of the Legislature that this act not
182 require the use of apprentices or preapprentices on construction
183 projects financed by the state or any county, municipality, town
184 or township, public authority, special district, municipal
185 service taxing unit, or other agency of state or local
186 government. Notwithstanding this intent, whenever any government
187 or agency of government employs, of its own choice, apprentices
188 or preapprentices or employs contractors who employ apprentices
189 or preapprentices, the behavior of the government and the
190 contractors employed by the government shall be governed by the
191 provisions of this act.
192 Section 2. Section 446.021, Florida Statutes, is amended to
193 read:
194 (Substantial rewording of section. See
195 s. 446.021, F.S., for present text.)
196 446.021 Definitions of terms used in ss. 446.011-446.092.
197 As used in ss. 446.011-446.092, the term:
198 (1) “Apprentice” means a person at least 16 years of age
199 who has entered into an apprenticeship agreement with a
200 registered apprenticeship program sponsor, is engaged in
201 learning an apprenticeable occupation through actual work
202 experience under the supervision of journeyworkers, and is
203 enrolled in the apprenticeship program, thereby receiving an
204 organized and systematic form of instruction designed to provide
205 theoretical and technical knowledge related to the occupation.
206 (2) “Apprenticeship program” means a program that is
207 registered with the department on the basis of a plan submitted
208 to the department which contains the terms and conditions for
209 the qualification, recruitment, selection, employment, and
210 training of apprentices, including requirements for a written
211 apprenticeship agreement.
212 (3) “Cancellation” means the termination or deregistration
213 of an apprenticeship program at the request of the program
214 sponsor, or the termination of an apprenticeship agreement at
215 the request of the apprentice.
216 (4) “Department” means the Department of Education.
217 (5) “Journeyworker” means a person working in an
218 apprenticeable occupation who has successfully completed a
219 registered apprenticeship program or who has worked the number
220 of years required by established industry practices for the
221 particular trade or occupation.
222 (6) “On-the-job training” means a structured system of work
223 processes, under the supervision of a journeyworker, which
224 provides the experience and knowledge necessary to meet the
225 training objective of learning a specific skill, trade, or
226 occupation.
227 (7) “Preapprentice” means a person at least 16 years of age
228 who enters into a preapprenticeship agreement with a
229 preapprenticeship program sponsor approved by the department and
230 who is engaged in learning an apprenticeable occupation in any
231 course of instruction in the public school system or elsewhere.
232 (8) “Preapprenticeship program” means a program sponsored
233 by an apprenticeship program in the same occupation which is
234 registered with the department on the basis of a plan submitted
235 to the department which contains the terms and conditions of
236 instruction in the public school system or elsewhere and is
237 designed to prepare a registered preapprentice to become an
238 apprentice in an apprenticeship program.
239 (9) “Related instruction” means an organized and systematic
240 form of instruction designed to provide an apprentice or a
241 preapprentice with the knowledge of theoretical subjects related
242 to a specific trade or occupation.
243 (10) “Uniform minimum standards” means the minimum
244 requirements established for each occupation under which an
245 apprenticeship or preapprenticeship program is administered. The
246 term includes standards of admission, training goals, training
247 objectives, curriculum outlines, objective standards to measure
248 successful completion of the apprenticeship or preapprenticeship
249 program, and the percentage of credit which may be given to an
250 apprentice or preapprentice.
251 Section 3. Subsection (1), paragraphs (b), (d), and (e) of
252 subsection (2), and subsection (3) of section 446.032, Florida
253 Statutes, are amended to read:
254 446.032 General duties of the department for apprenticeship
255 training.—The department shall:
256 (1) Establish uniform minimum standards and policies
257 governing apprenticeship apprentice programs and agreements. The
258 standards and policies shall govern the terms and conditions of
259 the apprentice’s employment and training, including the quality
260 training of the apprentice for, but not limited to, such matters
261 as ratios of apprentices to journeyworkers, safety, related
262 technical instruction, and on-the-job training; but these
263 standards and policies may not include rules, standards, or
264 guidelines that require the use of apprentices and job trainees
265 on state, county, or municipal contracts. Uniform minimum
266 requirements must be uniform across all occupations The
267 department may adopt rules necessary to administer the standards
268 and policies.
269 (2) By September 1 of each year, publish an annual report
270 on apprenticeship and preapprenticeship programs. The report
271 must be published on the department’s website and, at a minimum,
272 include all of the following:
273 (b) A detailed summary of each local educational agency’s
274 expenditure of funds for apprenticeship and preapprenticeship
275 programs, including:
276 1. The total amount of funds received for apprenticeship
277 and preapprenticeship programs;
278 2. The total amount of funds allocated to each
279 apprenticeable trade or occupation;
280 3. The total amount of funds expended for administrative
281 costs per apprenticeable trade or occupation; an