The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/CS/SB 240
INTRODUCER: Fiscal Policy Committee; Education Pre-K – 12 Committee; and Senator Hutson and
others
SUBJECT: Education
DATE: April 14, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Brick Bouck ED Fav/CS
2. Brick Yeatman FP Fav/CS
3.
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 240 provides supports for district school boards, Florida College System institutions
(state colleges), and other stakeholders in Florida’s workforce development system to provide
students with high-quality career and technical education (CTE) and other workforce education
programs.
The bill supports CTE for middle and high school students. Specifically, the bill:
Provides $100 million for district school boards and colleges to fund the creation or
expansion of CTE programs that serve secondary students.
Authorizes secondary CTE programs to be funded according to the cost of the programs.
Removes limitations on bonus funding for middle school students in CTE programs.
Provides additional bonus funding within the Florida Education Finance Program for select
achievements in CTE.
The bill supports CTE pathways for students. Specifically, the bill:
Adds continuity through controlled open enrollment for middle school students to continue
their CTE programs in high school.
Enhances career and academic plans by requiring them to be updated and requiring parents to
be provided information about CTE opportunities and benefits for students.
Expands options for students to earn credit through extracurricular participation in career and
technical student organizations.
REVISED: BILL: CS/CS/SB 240 Page 2
The bill strengthens opportunities for students to engage in work-based learning by:
Establishing regional education and industry consortia to meet and report to local workforce
development boards the most effective ways to grow, retain, and attract talent.
Requiring each district school board to provide all students enrolled in grades 9 through 12
with at least one work-based learning opportunity.
The bill provides flexibility for district school boards in recruiting CTE teachers. The bill:
Provides discretion to district school boards to certify instructors to teach CTE programs.
Requires school boards to give teachers credit toward continuing education requirements for
supporting students in extracurricular CTE activities.
The bill provides flexibility in the administration of workforce development by restoring to
district school boards and state colleges the responsibility for approving workforce education
programs that have a statewide curriculum framework developed by the Department of
Education.
The bill provides flexibility for the Credentials Review Committee (Committee) in designating
credentials of value. The bill:
Authorizes the Committee to consider both information provided by the Labor Market
Statistics Center within the Department of Economic Opportunity related to short-term
demand and long-term data of the Labor Market Estimating Conference as factors in the
development of the criteria for identifying credentials of value.
Removes the requirement for the Committee to develop a returned-value performance
funding formula for colleges and career centers.
The bill enhances the CAPE Industry Certification Funding List (Funding List), which is used to
incent credentials of value for CTE programs. The bill:
Provides flexibility to CTE programs to choose the courses in which students may earn
industry certifications identified in the Funding List.
Requires the State Board of Education to adopt three funding tiers for postsecondary
certifications on the Funding List according to anticipated wages.
The bill also provides flexibility in the administration of certain state financial aid and grant
programs.
The bill takes effect July 1, 2023.
II. Present Situation:
Workforce Innovation and Opportunity Act of 2014
In 2014, Congress passed the Workforce Innovation and Opportunity Act (WIOA), which
superseded the Workforce Investment Act of 1998.
1
WIOA requires each state to develop a
1
Workforce Innovation and Opportunity Act, 29 U.S.C. s. 3101 et seq. (2014). BILL: CS/CS/SB 240 Page 3
single, unified plan for aligning workforce services through the identification and evaluation of
core workforce programs.
2
WIOA identifies four core programs that coordinate and complement each other to ensure job
seekers have access to needed resources.
3
The core programs are:
Adult, Dislocated Worker and Youth Programs;
Adult Education and Literacy Activities;
Employment Services under the Wagner-Peyser Act;
4
and
Vocational Rehabilitation Services.
5
WIOA establishes minimum performance accountability measures for the evaluation of core
programs in each state and performance reports to be provided at the state, local, and training
provider levels.
6
Performance measures that apply across all core programs include:
7
The percentage of participants in unsubsidized employment during second quarter after exit.
The percentage of participants in unsubsidized employment during fourth quarter after exit.
The median earnings of participants during second quarter after exit.
The percentage of participants who obtain a postsecondary credential or secondary school
diploma within 1 year after exit.
The achievement of measureable skill gains toward credentials or employment; and
The effectiveness in serving employers.
State Administration of Workforce Development
WIOA requires the Governor to establish a State Workforce Development Board (state board) to
assist the Governor in carrying out the duties and responsibilities required by WIOA.
8
CareerSource Florida, Inc., implements the policy directives of the state board and administers
state workforce development programs.
9
CareerSource Florida, Inc., provides administrative
support to the state board, the principal workforce policy organization for the state.
10
In Fiscal
Year 2021-2022, CareerSource allocated $245 million in funding
11
and assisted 86,503 job
seekers in obtaining employment.
12
WIOA requires states to designate local workforce development areas in the state. The local
workforce development areas must be consistent with labor market areas and regional economic
2
See 29 U.S.C. s. 3112(a).
3
See 29 U.S.C. s. 3102(13).
4
See 29 U.S.C. s. 49 et seq.
5
See 29 U.S.C. s. 720 et. seq.
6
See 29 U.S.C. s. 3141.
7
Id.
8
29 U.S.C. s. 3111.
9
Section 445.004(2), F.S.
10
Section 445.004(2)-(3), F.S.
11
CareerSource Florida, Strategic Policy and Performance Council Meeting (Feb. 16, 2022), available at
https://careersourceflorida.com/wp-content/uploads/2022/08/2022-02-16-Closer-Look-
Fed_Funding_State_Board_Initiatives.pdf, at 5.
12
CareerSource Florida, CareerSource Florida Celebrates 2022 Workforce Development Accomplishments,
https://careersourceflorida.com/2022/12/29/careersource-florida-celebrates-2022-workforce-development-accomplishments/
(last visited Mar. 11, 2023). BILL: CS/CS/SB 240 Page 4
development areas in the state and have available federal and non-federal resources necessary to
effectively administer workforce development services.
13
Within each area, a local workforce
development board must be established.
14
Each local workforce development board is required to
coordinate planning and service delivery strategies within the local workforce development area
and submit to the Governor a 4-year local plan for the delivery of workforce development
services.
15
The Department of Economic Opportunity (DEO) serves as Florida’s lead workforce agency.
16
DEO is responsible for the fiscal and administrative affairs of the workforce development
system.
17
DEO receives and distributes federal funds for employment-related programs to the
local workforce development boards.
18
Under the direction of CareerSource, the DEO is required
to annually meet with each local workforce development board to review the board’s
performance and to certify that the board is in compliance with applicable state and federal
laws.
19
Within the DEO, the Labor Market Statistics Center of the Bureau of Workforce
Statistics and Economic Research produces, analyzes, and delivers timely and reliable labor
statistics to improve economic decision-making.
20
The REACH Office coordinates workforce development in Florida across the various agencies
that participate in the workforce development system. The REACH Office is required to develop
criteria for assigning letter grades to local workforce development boards.
21
The state board is
required to adopt letter grades annually by July 1.
22
In implementing its various duties, the
REACH Office is required to maximize the use of available federal and private funds for the
development and initial operation of the workforce opportunity portal.
23
Career and Technical Education
The $1.3 billion Carl D. Perkins Career and Technical Education Act of 2006, as amended by the
Strengthening Career and Technical Education for the 21st Century Act (Perkins V), assists
states and outlying areas in expanding and improving career and technical education (CTE) in
secondary schools, technical schools, and community colleges.
24
The term “career and technical
education” means organized educational activities that:
25
Offer a sequence of courses that provides individuals with rigorous academic content and
relevant technical knowledge and skills needed to prepare for further education and careers.
13
See 29 U.S.C. s. 3121.
14
29 U.S.C. s. 3122.
15
See 29 U.S.C. ss. 3122 and 3123.
16
Primarily through the Division of Workforce Services. See s. 20.60, F.S.
17
See s. 20.60(5)(c), F.S. and s. 445.009(3)(c), F.S.
18
See s. 20.60(5)(c), F.S. and s. 445.003, F.S.
19
See s. 445.007(3), F.S.
20
Department of Economic Opportunity, Workforce Statistics, https://floridajobs.org/workforce-statistics (last visited Mar.
12, 2023).
21
Section 14.36(3)(h), F.S.
22
Section 445.004(8), F.S.
23
Section 14.36, F.S.
24
20 U.S.C. s. 2301 et seq.
25
20 U.S.C. s. 2302(5). BILL: CS/CS/SB 240 Page 5
Include competency-based, work-based, or other applied learning that supports the
development of academic knowledge, higher-order reasoning and problem-solving skills,
work attitudes, employability skills, technical skills, and occupation-specific skills, and
knowledge of all aspects of an industry, including entrepreneurship, of an individual.
To the extent practicable, coordinate between secondary and postsecondary education
programs through programs of study that provide postsecondary credit or advanced standing.
May include career exploration at the high school level or as early as the middle grades.
The purpose of career education is to enable students who complete career programs to attain
and sustain employment and realize economic self-sufficiency. Perkins V defines a CTE
concentrator as a student at the secondary school level who has completed at least 2 courses in a
single CTE program or program of study.
26
CTE program administrators are accountable for:
27
Student demonstration of the academic skills necessary to enter an occupation.
Student preparation to enter an occupation in an entry-level position or continue
postsecondary study.
Career program articulation with other corresponding postsecondary programs and job
training experiences.
Employer satisfaction with the performance of students who complete career education or
reach occupational completion points.
Student completion, placement, and retention rates.
The criteria for qualification of individual courses for inclusion in the classification of secondary
career education programs and workforce development education programs are annually adopted
by the State Board of Education and published by the commissioner in the curriculum
frameworks.
28
The approved curriculum frameworks are aligned with the following career
clusters:
29
Agriculture, Food & Natural Resources
Architecture & Construction
Arts, A/V Technology & Communication
Business, Management & Administration
Education & Training
Energy
Engineering & Technology Education
Finance
Government & Public Administration
Health Science
Hospitality & Tourism
Human Services
Information Technology
Law, Public Safety & Security
26
20 U.S.C. s. 2302(12).
27
Section 1004.92, F.S.
28
Rule 6A-6.0571, F.A.C.
29
FLDOE, Curriculum Frameworks, https://www.fldoe.org/academics/career-adult-edu/career-tech-edu/curriculum-
frameworks/2022-23-frameworks/ (last visited Mar. 8, 2023). BILL: CS/CS/SB 240 Page 6
Manufacturing
Marketing, Sales & Service
Transportation, Distribution & Logistics
Additional CTE programs and courses, including diversified education, instructional support
services, and high school apprenticeship and preapprenticeship.
Career and technical student organizations (CTE student organizations) are a key component of
Florida’s plan under Perkins V to strengthen the employability skills of students.
30
A CTE
student organization is an organization for students enrolled in a CTE program that engages in
CTE activities as an integral part of the instructional program.
31
These organizations are aligned
with a respective career cluster and provide a unique program of career and leadership
development, motivation, and recognition for middle, secondary and post-secondary students.
32
A CTE student organization is eligible to receive funds from the state’s Perkins V allocation
through the Department of Education (DOE) if the organization submits a request to the DOE
and has, for one year:
33
Been incorporated as a 501(c)(3) not-for-profit corporation in the United States, with an
established constitution & bylaws and a board of directors having majority representation
from CTE educators or administrators.
Been organized into state geographic units and affiliated organizations.
Included 150 or more student members organized into chapters in middle, secondary or
postsecondary institutions, with a formalized process for selection of student leaders at the
local and state levels.
Served students and teachers in one or more of the 17 career clusters.
Included 10 or more middle, secondary or postsecondary chapters.
Offered at least one statewide leadership development event and competitions event aligned
with CTE program standards and curricula.
Included an identified, participating and employed state executive director or equivalent.
Supported the integration of arts and design skills and support for hands-on learning,
particularly for students who are members of groups underrepresented in such subject fields,
such as female students, minority students, and students who are members of special
populations.
At least one business partner outreach activity.
Included an established operating budget
Increased the participation of students in nontraditional fields and students who are members
of special populations.
30
Florida Department of Education, Perkins V: Florida’s State Plan for the Strengthening Career and Technical Education
For the 21st Century Act (Perkins V), available at
https://www.fldoe.org/core/fileparse.php/18815/urlt/FloridaStatePlanPerkinsV.pdf, at 28.
31
20 USC s. 2302(5).
32
Florida Department of Education, Career and Technical Education Student Organization (CTSO) Request Form, available
at https://www.fldoe.org/academics/career-adult-edu/perkins/.
33
Florida Department of Education, Career and Technical Education Student Organization (CTSO) Request Form, available
at https://www.fldoe.org/academics/career-adult-edu/perkins/. BILL: CS/CS/SB 240 Page 7
There are eleven registered CTE student organizations in Florida,
34
including the Florida Future
Educators of America, which is facilitated by the DOE.
35
State CTE student organizations may
be associated with nationally recognized CTE student organizations.
The Florida Future Farmers of America (FFA) is an association of the Future Farmers of
America, which is a federally-charted national and patriotic organization.
36
A core component of
FFA participation is the supervised agricultural experience. A supervised agricultural experience
is an entrepreneurial or work-based learning experience related to the student’s career interests
and goals.
37
It is year-round, led by the student, and supervised by the agricultural education
instructor. A supervised agricultural experience consists of projects or enterprises within the
Agriculture, Food and Natural Resources career pathways where the student applies agricultural
skills and knowledge taught in the classroom to real-world experiences. A supervised
agricultural experience is one component of a CTE credit in Agriscience Foundations 1.
38
There
are six types of supervised agricultural experiences:
39
Foundational supervised agricultural experience, in which students shadow a worker in an
agricultural career and start learning personal financial management and planning and how to
safely live and work in agriculture.
Ownership/Entrpreneurship, in which students own and operate an agriculture-related
business or enterprise providing goods or services.
Placement/internship, in which students gain experience through working for an agricultural
employer.
Research-based supervised agricultural experience, in which students use the scientific
process to discover new agricultural knowledge or validate current knowledge and research.
School-based enterprise, in which students start or continue a business owned and managed
by students using school facilities. It must take place outside of teacher-directed class
instruction time and must provide goods or services that meet the needs of an identified
market.
Service-learning, in which students complete a service-learning project that is pre-approved
by a local review committee that includes the agricultural education teacher and community
stakeholders. It must be a stand-alone project, not part of an ongoing chapter project or
community fundraiser. The project must align to the Agriculture, Food and Natural
Resources Technical Standards and CareerReady Practices.
Each of the recognized CTE student organizations provides similar meaningful opportunities for
students to participate in extracurricular CTE activities that provide employability skills and
enhance student interest in education.
34
Florida Department of Education, Career and Technical Student Organizations, available at
https://www.fldoe.org/core/fileparse.php/7515/urlt/CareerTechStudentOrg.pdf.
35
Florida Department of Education, Florida Future Educators of America, https://www.fldoe.org/teaching/recruitment/fl-
future-educators-of-america/index.stml (last visited Mar. 12, 2023).
36
20 U.S.C. s. 70901.
37
Future Farmers of America, 2022-2023 Official FFA Manual, available at
https://ffa.app.box.com/s/z6bkjdmqd7e329a58a27e5xn1fzcqeqq, at 11.
38
Florida Department of Education, Student Performance Standards: Agriscience Foundations 1, Course Number 8106810,
as adopted in Florida Department of Education, 2012-2022 Course Code Directory, Section 5: CTE, available at
https://www.fldoe.org/policy/articulation/ccd/2021-2022-course-directory.stml.
39
Future Farmers of America, 2022-2023 Official FFA Manual, available at
https://ffa.app.box.com/s/z6bkjdmqd7e329a58a27e5xn1fzcqeqq, at 11. BILL: CS/CS/SB 240 Page 8
Career and Education Planning
In order for a student to be promoted to high school from a middle school, a student must
complete a course in career and education planning, which may be taught by any member of the
instructional staff. The course may be implemented as a stand-alone course or integrated into
another course or courses and must:
40
Be Internet-based, customizable to each student, and include research-based assessments to
assist students in determining educational and career options and goals.
Result in a completed personalized academic and career plan for the student that may be
revised as the student progresses through middle school and high school.
Emphasize the importance of entrepreneurship and employability skills.
Include information from the DEO’s economic security report and other state career planning
resources.
In addition, the course must inform students of:
41
High school graduation requirements, including a detailed explanation of the requirements
for earning a high school diploma designation;
The requirements for each scholarship in the Florida Bright Futures Scholarship Program;
state university and state college admission requirements;
Available opportunities to earn college credit in high school, including Advanced Placement
courses; the International Baccalaureate Program; the Advanced International Certificate of
Education Program; dual enrollment, including career dual enrollment; and career education
courses, including career-themed courses, preapprenticeship and apprenticeship programs,
and course sequences that lead to industry certification.
At the beginning of each school year, district school boards are required to notify parents of
students in or entering high school of the opportunity and benefits of advanced placement,
International Baccalaureate, Advanced International Certificate of Education, dual enrollment,
and Florida Virtual School courses and options for early graduation.
42
Work-Based Learning
Work-based learning is featured prominently in Perkins V as a strategy for preparing CTE
students for further learning and careers.
43
The term “work-based learning opportunity” means
an interaction with industry or community professionals that occurs in a workplace setting, to the
extent possible, or a simulated environment at an educational institution that allows firsthand
experience with tasks required in a given career field, is aligned with curriculum and instruction,
and is provided in partnership with an educational institution.
44
40
Section 1003.4156(7)(e), F.S.
41
Section 1003.4156(7)(e), F.S.
42
Section 1003.02(1)(i), F.S.
43
US Department of Education, Office of Career, Technical, and Adult Education, Expanding Work-Based Learning
Opportunities for Youth: Insights from the Field (Jan. 19, 2021), available at https://s3.amazonaws.com/PCRN/file/WBL-
RFI-Comments-Summary.pdf, at 1.
44
Section 446.0915(1), F.S. BILL: CS/CS/SB 240 Page 9
A work-based learning opportunity must:
45
Be developmentally appropriate.
Identify learning objectives for the term of experience.
Explore multiple aspects of an industry.
Develop workplace skills and competencies.
Assess performance.
Provide opportunities for work-based reflection.
Link to next steps in career planning and preparation in a student’s chosen career pathway.
Be provided in an equal and fair manner.
Be documented and reported in compliance with state and federal labor laws.
The State Board of Education establishes uniform minimum standards and guidelines for
determining student eligibility, obligations of employers, and requirements of institutions that
offer work-based learning opportunities.
46
The standards require participating employers,
schools, and students, or the parent of a student, to execute a training agreement that includes the
names and contact information of the participants and:
47
The start and end dates of the work-based learning opportunity;
The number of hours to be worked per week by the student and the student's work schedule,
if available;
Whether the work-based learning opportunity is paid or unpaid;
A description of the work-based learning opportunity, including, but not limited to, the
student's specific job responsibilities;
The employability and technical skills to be learned by the student during the work-based
learning opportunity;
A description of how the student's performance will be assessed by the employer supervisor
and instructor.
A work-based learning opportunity should prioritize paid experiences, such as apprenticeship
and preapprenticeship programs.
48
Diversified education also offers a program of structured
work-based learning. Diversified education is a cooperative education program for Middle and
High School students that offers career guidance, occupational work experience and coursework
in employability skills. It utilizes a cooperative partnership between schools, businesses and
parents to prepare students for future employment and careers.
49
The benefits of work-based learning opportunities for students are recognized by the Florida
Talent Development Council. The Legislature created the Florida Talent Development Council
to develop a coordinated, data-driven, statewide approach to meeting Florida's needs for a 21st
century workforce that employers and educators use as part of Florida's talent supply system.
50
45
Section 446.0915(2), F.S.
46
Section 446.0915(3), F.S.
47
Rule 6A-23.0042, F.A.C.
48
Section 446.0915(2), F.S.
49
Florida Department of Education, Additional CTE Programs/Courses: Diversified Education,
https://www.fldoe.org/academics/career-adult-edu/career-tech-edu/additional-cte-programs-courses/diversified-edu.stml (last
visited Mar. 11, 2023).
50
Section 1004.015(1), F.S. BILL: CS/CS/SB 240 Page 10
The strategic plan formulated by the Florida Talent Development Council for strengthening
Florida’s workforce includes building partnerships among K-12, postsecondary education,
technical education, adult education, industry, apprenticeships, specialty training and other
partners to facilitate earlier engagement in career exploration and work-based learning
opportunities for all student populations.
51
Workers’ Compensation Reimbursement Program
Business are authorized to employ students in work-based learning opportunities, and a state
program exists to reimburse employers for the workers’ compensation insurance premiums
associated with the employment. Employers subject to the requirements of Florida’s Workers’
Compensation Law are required to secure the payment of workers’ compensation for their
employees.
52
A student 18 years of age or younger who is in a paid work-based learning
opportunity must be covered by the workers’ compensation insurance of his or her employer. A
student 18 years of age or younger who is providing unpaid services under a work-based learning
opportunity provided by a school district or state college is considered to be employed by the
school district or state college.
53
The DOE is authorized to reimburse employers, including school districts and state college, for
the proportionate cost of workers’ compensation insurance premiums for students in work-based
learning opportunities in accordance with DOE rules.
54
The DOE reviews requests to ensure that
each request for reimbursement is limited to an increase in the employer's workers compensation
premiums attributable to the inclusion of a student participating in a work-based learning
opportunity.
55
CTE Teachers
Each district school board is required to establish the minimal qualifications for part-time and
full-time nondegreed teachers of career programs. The qualifications for such teachers must
require the filing of a complete set of fingerprints for background screening and documentation
of:
56
A high school diploma or the equivalent.
Completion of 6 years of full-time successful occupational experience or the equivalent of
part-time experience in the teaching specialization area. The district school board may
establish alternative qualifications for teachers with an industry certification in the career
area in which they teach.
Completion of career education training conducted through the local school district inservice
master plan or through an educator preparation institute approved by the Department of
Education pursuant to s. 1004.85.
51
Florida Talent Development Council, Strategic Plan: 2020-2030, available at https://www.floridajobs.org/docs/default-
source/communicationsfiles/florida-talent-development-council/ftdc-
plan.pdf?sfvrsn=4eae40b0_2#:~:text=GOAL%3A,training%20experience%20to%2060%20percent.&text=Identify%20the%
20postsecondary%20degrees%2C%20certificates,awarded%20by%20Florida%27s%20postsecondary%20institutions, at 8.
52
Section 440.10(1), F.S.
53
Section 446.54, F.S.
54
Section 446.54, F.S.
55
Rule 6A-6.05732(4), F.A.C.
56
Section 1012.39(1)(c), F.S. BILL: CS/CS/SB 240 Page 11
For full-time teachers, completion of professional education training in teaching methods,
course construction, lesson planning and evaluation, and teaching special needs students.
This training may be completed through coursework from an accredited or approved
institution or an approved district teacher education program.
Demonstration of successful teaching performance.
Documentation of industry certification when state or national industry certifications are
available and applicable.
District school boards are required to issue an adjunct teaching certificate to any applicant who
meets background screening requirements and who has expertise in the subject area to be taught
as evidenced by passage of a subject area test.
57
Teachers have continuing education requirements to renew their certificates.
58
To renew a
professional certificate, an applicant must earn a minimum of 6 college credits or 120 inservice
points or a combination thereof. Renewal of subject area specializations also requires specific
college credits or inservice points.
59
For each area of specialization to be retained on a certificate,
the applicant must earn at least 3 of the required credit hours or equivalent inservice points in the
specialization area. Training that may be applied toward any specialization includes:
60
Education in “clinical educator” training.
Participation in mentorship and induction activities.
Training in the area of literacy and reading instruction, implementing multisensory
intervention strategies, computational skills acquisition, exceptional student education,
normal child development, and the disorders of development.
Controlled Open Enrollment
“Controlled open enrollment” is a public education delivery system that allows school districts to
make student school assignments using parents' indicated preferential educational choice as a
significant factor. Controlled open enrollment is only available if the desired school of
attendance has capacity to receive the student. A middle grades student who desires to continue a
CTE pathway only offered in a high school outside of the student’s zone is not included in the
list of students that receive preferential treatment for enrollment.
61
Standard High School Diploma Requirements
A student must complete 24 credits to earn a standard high school diploma. The 24 required
credits include:
62
Four credits in English Language Arts I, II, III, and IV.
Four credits in mathematics, including one in Algebra I and one in Geometry.
Three credits in science, two of which must have a laboratory component and one of which
must include Biology I.
57
Section 1012.57(1), F.S.
58
Section 1012.585, F.S.
59
Section 1012.585(3), F.S.
60
Section 1012.585(3)(a), F.S.
61
Section 1002.31(2)(c), F.S.
62
Section 1003.4282(3)(a)-(g), F.S. BILL: CS/CS/SB 240 Page 12
Three credits in social studies including one credit in United States History, one credit in
World History, one-half credit in economics, and one-half credit in United States
Government.
One credit in fine or performing arts, speech and debate, or practical arts.
One credit in physical education which includes the integration of health.
7.5 credits in electives. School districts are required to develop and offer coordinated
electives to enable a student to develop knowledge and skills in his or her area of interest and
such electives must include opportunities for students to earn college credit.
One-half credit in financial literacy.
A student may earn a ‘merit designation’ on a standard high school diploma by attaining at least
one industry certification identified on the CAPE Industry Certification Funding List.
63
The DOE is required to develop multiple additional CTE courses or programs that allow students
to earn credit in both the career education course and courses required for high school
graduation. The State Board of Education is required to determine at least biennially if sufficient
academic standards are covered in CTE courses to warrant the award of academic credit,
including satisfaction of assessment requirements.
64
There are 543 CTE courses that do not
satisfy the practical arts requirement.
65
A student who earns credit upon completion of a registered apprenticeship or preapprenticeship
program may use the credit to satisfy the high school graduation credit requirements in an
elective or fine or performing arts, speech and debate, or practical arts.
66
In addition,
approximately 280 CTE courses meet the practical arts requirement.
67
Articulation
The State Board of Education and the Board of Governors of the State University System of
Florida (Board of Governors) are required to enter into a statewide articulation agreement that
helps to facilitate the seamless transition of students across and among Florida’s educational
entities.
68
Statewide agreements to articulate career certificate and industry certifications into
college credit include:
69
Career certificate to associate degree agreements that allow students who complete
designated programs to articulate credits into related Associate in Science and Associate in
Applied Science degree programs.
Florida’s Gold Standard Career Pathways Articulation Agreements, which guarantee the
award of an identified number of college credits to students who have earned a specified
63
Section 1003.4285(1)(b), F.S.
64
Section 1003.4282(8)(a), F.S.
65
Email, Florida Department of Education (Mar. 3, 2023).
66
Section 1003.4282(8)(a)3., F.S.
67
Florida Department of Education, CTE Courses that meet the Practical Arts High School Graduation Requirement,
available at https://www.fldoe.org/core/fileparse.php/7746/urlt/2122PACourses.pdf.
68
Section 1007.23, F.S.
69
Section 1007.23, F.S. BILL: CS/CS/SB 240 Page 13
industry certification and are enrolled in a designated Associate in Science and Associate in
Applied Science degree program.
70
In addition, the statewide articulation agreement requires the identification of three mathematics
pathways, which are aligned to programs, meta-majors, and careers.
71
The three pathways
adopted in the statewide articulation agreement include:
72
Algebra through Calculus.
Statistical Reasoning.
Mathematical Thinking in Context.
Credentials of Value
Labor Market Estimating Conference
The Florida Talent Development Council noted the importance of identifying high-demand
employment needs in its strategic plan.
73
In this regard, the Labor Market Estimating Conference
is required to develop official information with respect to real-time supply and demand in
Florida’s statewide, regional, and local labor markets as the conference determines is needed by
the state planning and budgeting system. Such information must include labor supply by
education level, analyses of labor demand by occupational groups and occupations compared to
labor supply, a ranking of critical areas of concern, and identification of in-demand, high-skill,
middle-level to high-level wage occupations prioritized by level of statewide or regional
shortages.
74
All state agencies must provide the Office of Economic and Demographic Research with the
necessary data to accomplish the goals of the conference. State agencies are required to ensure
that any related work product regarding labor demand and supply is consistent with the official
information developed by the Labor Market Estimating Conference.
75
The labor market demand
data informs the development of a state Master Credentials List. State agencies and the judicial
branch are required to use the official information developed by each of the consensus estimating
conferences in carrying out their duties under the state planning and budgeting system.
76
Master Credentials List
The state workforce development board is required to appoint a Credentials Review Committee,
which includes the director of the REACH Office, to identify nondegree credentials and degree
70
Rule 6A-10.0401, F.A.C.
71
Section 1007.23(3), F.S.
72
Rule 6A-10.024(16), F.A.C.; State Board of Education, Math Pathways List – 6A-10.024 (Feb. 2023), available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15154.
73
Florida Talent Development Council, Strategic Plan: 2020-2030, available at https://www.floridajobs.org/docs/default-
source/communicationsfiles/florida-talent-development-council/ftdc-
plan.pdf?sfvrsn=4eae40b0_2#:~:text=GOAL%3A,training%20experience%20to%2060%20percent.&text=Identify%20the%
20postsecondary%20degrees%2C%20certificates,awarded%20by%20Florida%27s%20postsecondary%20institutions, at 6.
74
Section 216.136)7, F.S.
75
Section 216.136(7)(a), F.S.
76
Section 216.135, F.S. BILL: CS/CS/SB 240 Page 14
credentials of value for approval by the state board and inclusion in the Master Credentials List.
77
The Master Credentials List must, at a minimum, identify:
Nondegree credentials and degree programs determined to be of value for the CAPE Industry
Certification Funding List, which identifies credentials that are eligible for bonus funding
within the Florida Education Finance Program;
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.
The credentials must include registered apprenticeship programs, industry certifications, licenses,
advanced technical certificates, college credit certificates, career certificates, applied technology
diplomas, associate degrees, baccalaureate degrees, and graduate degrees. The Department of
Agriculture and Consumer Services, in cooperation with the Institute of Food and Agricultural
Sciences at the University of Florida and the College of Agriculture and Food Sciences at the
Florida Agricultural and Mechanical University, submits industry certifications for agriculture
occupations to the Credentials Review Committee to be considered for placement on the Master
Credentials List.
78
The Credentials Review Committee is required to establish a definition for credentials of value
and create a framework of quality. The framework is required to align with federally funded
workforce accountability requirements and undergo biennial review. The Credentials Review
Committee is required to establish a process for prioritizing nondegree credentials and degree
programs based on critical statewide or regional shortages.
79
The Credentials Review Committee adopted the framework of quality for determining
credentials of value December 7, 2022.
80
The framework of quality aligns with statutory
guidelines. The criteria to determine value for nondegree credentials should, at a minimum,
require:
81
Evidence that the credential meets labor market demand as identified by the Labor Market
Estimating Conference or meets local demand as identified in the criteria adopted by the
Credentials Review Committee. Evidence must include employer information on present
credential use or emerging opportunities.
Evidence that the competencies mastered upon completion of the credential are aligned with
labor market demand.
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
77
The law requires the Credentials Review Committee to include certain members representing different components of the
workforce development system but does identify the chair of the committee. Section 445.004(4)(h)1., F.S.
78
Section 570.07(43), F.S.
79
Section 445.004(4)(h)6., F.S.
80
Florida Credentials Review Committee, December 2022 Meeting Minutes, available at https://careersourceflorida.com/wp-
content/uploads/2023/02/230209_CRCAgendaPacket.pdf, at 4.
81
Section 445.004(4)(h)3.-4., F.S. BILL: CS/CS/SB 240 Page 15
credential of value. For new credentials, this criteria may be met with conditional eligibility
until measurable labor market outcomes are obtained.
The Credentials Review Committee is also required to establish the criteria to determine value
for degree programs. This criteria must include evidence that the program meets the labor market
demand as identified by the Labor Market Estimating Conference or meets local demand as
determined by the committee.
82
The Credentials Review Committee must also establish a process for:
83
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.
Annual review of the Master Credentials List.
Phasing out credentials on the Master Credentials List that no longer meet the framework of
quality.
Designating performance funding eligibility for district school boards and state colleges,
based upon the highest available certification for postsecondary students.
Submitting the Master Credentials List to the State Board of Education.
On February 9, 2023, the Credentials Review Committee approved the Master Credentials List
for the 2023-2024 fiscal year.
84
The list included 275 degree credentials, 1,446 non-degree
credentials, and 33 digital tools. A provisional status of one year was conferred on 10 degree
programs, 78 industry certifications, 85 apprenticeships, and 136 non-degree programs of
study.
85
However, no baccalaureate and graduate degrees were included in the Master
Credentials List.
86
All information pertaining to the Credentials Review Committee, the process for the approval of
credentials of value, and the Master Credentials List is required to be made available and be
easily accessible to the public on all relevant state agency websites.
87
CAPE Industry Certification Funding List
The Master Credentials List is submitted to the State Board of Education for the adoption of the
CAPE Industry Certification Funding List. The State Board of Education is required to adopt, at
least annually, based on recommendations by the Commissioner of Education, the CAPE
Industry Certification Funding List that assigns additional full-time equivalent membership to
certifications identified in the Master Credentials List that meet a statewide, regional, or local
demand, and courses that lead to such certifications. Additional full-time equivalent membership
funding for regional and local demand certifications and courses that lead to such certifications
82
Section 445.004(4)(h)5., F.S.
83
Section 445.004(4)(h)7., F.S.
84
Florida Credentials Review Committee, Credentials Review Committee Meeting (Feb. 9, 2023),
https://careersourceflorida.com/event/crc-feb-2023/ (last visited Mar. 10, 2023).
85
Florida Credentials Review Committee, Florida Credentials Review Committee (Feb. 9, 2023), available at
https://careersourceflorida.com/wp-content/uploads/2023/02/230209_CRCMeetingPresentation.pdf, at 11.
86
CareerSource FL, Master Credentials List: 2023-2024 Master Credentials List,
https://careersourceflorida.com/boardroom/florida-credentials-review-committee/master-credentials-list/ (last visited Mar. 10,
2023).
87
Section 445.004(4)(h)2., F.S. BILL: CS/CS/SB 240 Page 16
may only be earned in those areas with regional or local demand as identified by the Credentials
Review Committee.
Industry certification is a process where students demonstrate knowledge, skills, and
competencies and earn a credential that is nationally recognized and is:
Within an industry that addresses a critical local or statewide economic need;
Linked to an occupation that is included in the workforce system’s targeted occupation list;
or
Linked to an occupation that is identified as emerging.
88
The CAPE Industry Certification Funding List may include the following certificates,
certifications, and courses:
89
CAPE industry certifications identified as credentials of value that meet the framework of
quality. The CAPE Industry Certification Funding List must incorporate by reference the
industry certifications on the career pathways list approved for the Florida Gold Seal CAPE
Scholars award.
CAPE Digital Tool certificates.
CAPE ESE Digital Tool certificates, workplace industry certifications, and OSHA industry
certifications for students with disabilities.
CAPE Innovation Courses that combine academic and career performance outcomes with
embedded industry certifications.
CAPE Acceleration Industry Certifications that articulate for 15 or more college credit hours.
Certifications included on the CAPE Industry Certification Funding List:
90
Require at least 150 hours of instruction and
Can be earned in middle and high school.
Usually require passage of a subject area examination and some combination of work
experience, educational attainment, or on-the-job training.
CAPE Digital Tools
Each district school board is required to make available digital materials, CAPE Digital Tool
certificates, and CAPE industry certifications for students in prekindergarten through grade 12 in
order to enable students to attain digital skills.
91
The DOE is required to identify in the CAPE
Industry Certification Funding List CAPE Digital Tool certificates that indicate a student’s
digital skills and notify each school district when the certificates are available. The DOE must
make the certificates available to all public elementary and middle grades students, but the
Commissioner of Education may limit CAPE industry certifications and CAPE Digital Tool
certificates to students in certain grades based on formal recommendations by providers of
CAPE industry certifications and CAPE Digital Tool certificates.
92
88
Section 1003.492(2), F.S.
89
Section 1008.44(1), F.S.
90
Rule 6A-6.0576(5)-(6), F.S.
91
Section 1003.4203(1), F.S.
92
Section 1008.44(4)(b), F.S. BILL: CS/CS/SB 240 Page 17
Each district school board is also required to make available digital and instructional materials,
including software applications, to students with disabilities who are in prekindergarten through
grade 12. Digital materials may include CAPE Digital Tool certificates, workplace industry
certifications, and OSHA industry certifications for students with disabilities; and each student’s
individual educational plan for students with disabilities must identify the CAPE Digital Tool
certificates and CAPE industry certifications the student seeks to attain before high school
graduation.
93
Courses identified in the CAPE Industry Certification Funding List that combine academic and
career content and performance outcome expectations and articulate for college credit are
eligible for additional full-time equivalent membership. Such approved courses must incorporate
at least two third-party assessments that, if successfully completed by a student, articulate for
college credit. At least one of the two third-party assessments must be associated with an
industry certification that is identified on the CAPE Industry Certification Funding List. Each
course that is approved by the commissioner must be specifically identified in the Course Code
Directory as a CAPE Innovation Course.
94
The 2022-2023 CAPE Industry Certification Funding
List does not include any CAPE Innovation courses.
95
Florida Education Finance Program
The additional FTE for CAPE programs is provided through the Florida Education Finance
Program (FEFP), which is the primary mechanism for funding the operating costs of Florida
school districts. To equalize educational opportunities, the FEFP formula recognizes varying
local property tax bases, education program costs, costs of living, and costs for equivalent
educational programs due to sparsity and dispersion of the student population.
96
Cost factors based on desired relative cost differences between programs are established in the
annual General Appropriations Act. Nationwide, it is estimated that CTE costs may be between
20 and 40 percent higher than those for general academic instruction.
97
The cost factor for
secondary CTE programs in Florida, however, is required to be the same as for basic programs
grade 9 through 12.
98
The FEFP incents various instructional programs by providing weighted full-time equivalent
student membership for students who attain a specified level of performance in the programs.
CAPE industry certifications issued to middle school and high school students are eligible for
additional full-time equivalent membership.
99
School districts earn bonus funding of 0.025 FTE
for students who complete a CAPE Digital Tool Certificate and 0.1 FTE for each student who
93
Section 1003.4203(2), F.S.
94
Section 1003.4203(5)(a), F.S.
95
Florida Department of Education, 2022-2023 CAPE Industry Certification Funding List, available at
https://www.fldoe.org/core/fileparse.php/8904/urlt/2223CAPECertFundList.pdf.
96
OPPAGA, Florida Education Finance Program,
https://oppaga.fl.gov/ProgramSummary/BackPageDetail?programNumber=2002&backPageNumber=01 (last visited Mar. 9,
2023).
97
Education Commission of the State, State Approaches to Secondary CTE Funding (Apr. 8, 2020),
https://ednote.ecs.org/state-approaches-to-secondary-cte-funding/ (last visited Mar. 11, 2023).
98
Section 1011.62(1)(c), F.S.
99
Section 1003.4203(4), F.S. BILL: CS/CS/SB 240 Page 18
completes a career-themed course or a course embedded with a CAPE industry certification. This
bonus funding is limited to 0.1 FTE for a middle school student each year. High school students
are not subject to the same limit and are able to generate for the school district:
100
A value of 0.2 FTE for each student who is issued a CAPE industry certification that has a
statewide articulation agreement for college credit approved by the State Board of Education.
A value of 0.3 FTE for student completion of the courses and the embedded certifications for
CAPE Innovation courses.
A value of 0.5 FTE for CAPE Acceleration Industry Certifications that articulate for 15 to 29
college credit hours, and 1.0 FTE for CAPE Acceleration Industry Certifications that
articulate for 30 or more college credit hours.
There is also bonus funding for teachers who provide the instruction for students who earn one of
these digital tools or industry certifications. The bonuses range from $25 for each student who
earns a credential weighted at 0.1 FTE up to $100 for each student who successfully completes a
CAPE Acceleration Industry Certification weighted at 1.0 FTE.
101
In the 2020-2021 school year, 99,043 students in secondary grades earned at least one industry
certification.
102
Each district must allocate at least 80 percent of the funds provided for CAPE
industry certification to the program that generated the funds.
103
The Commissioner of Education was required to conduct a review of the methodology used to
determine additional full-time equivalent membership weights assigned in the Florida Education
Finance Program and, if necessary, recommend revised weights. The weights must factor in the
prioritization of critical shortages of labor market demand and middle-level to high-level wage
earning outcomes as identified by the Credentials Review Committee. The results of the review
and the commissioner’s recommendations were required to be submitted to the Governor, the
President of the Senate, and the Speaker of the House of Representatives no later than December
1, 2021.
104
The commissioner was unable to conduct the review because the Labor Market
Estimating Conference had not identified the list of occupations that are in demand.
105
Dual Enrollment
Incentives are also provided to encourage students to participate in dual enrollment. The dual
enrollment program is the enrollment of an eligible secondary student or home education student
in a postsecondary course creditable toward high school completion and a career certificate or an
associate or baccalaureate degree.
Students enrolled in dual enrollment instruction may be included in calculations of full-time
equivalent student memberships for basic programs for grades 9 through 12 by a district school
board. Dual enrollment full-time equivalent student membership is calculated in an amount equal
100
Section 1011.61(1)(o)1., F.S.
101
Section 1011.62(1)(o)3., F.S.
102
Florida Department of Education, State Secondary: Career, Technical, and Adult Education 2020-2021 Summary,
available at https://www.fldoe.org/core/fileparse.php/9904/urlt/2021secondarycte.pdf, at 3.
103
Section 1011.62(1)(o)2., F.S.
104
Section 1008.44(1)(f), F.S.
105
Florida Department of Education, Memorandum re: CAPE Weights from Commissioner Richard Corcoran to Governor
Ron DeSantis, Speaker of the House Chris Sprowls, and Senate President Wilton Simpson (Dec. 1, 2021). BILL: CS/CS/SB 240 Page 19
to the hours of instruction that would be necessary to earn the full-time equivalent student
membership for an equivalent course if it were taught in the school district. Students enrolled in
dual enrollment instruction are exempt from the payment of tuition and fees, including laboratory
fees.
106
District school boards receive additional full-time equivalent student membership for students
who meet specified standards in dual enrollment courses. A value of 0.16 full-time equivalent
student membership for secondary students enrolled full time in a technical or state college, and
a value of 0.08 full-time equivalent student membership for other students, who complete a
general education core course through the dual enrollment program with a grade of “A.” In
addition, a value of 0.3 full-time equivalent student membership is calculated for any student
who receives an associate degree through the dual enrollment program with a 3.0 grade point
average or better.
107
Each school district is required to allocate at least 50 percent of the funds
received from the dual enrollment bonus FTE funding to the schools that generated the funds to
support student academic guidance and postsecondary readiness.
108
School districts received approximately 10,564 weighted full-time equivalent student
membership related to dual enrollment performance in the 2021-2022 fiscal year.
109
Postsecondary Workforce Education
At the postsecondary level, the terms “workforce education” and “workforce education program”
include:
110
Adult general education programs designed to improve the employability skills of the state’s
workforce.
111
Career certificate programs, which are defined as a course of study that leads to one
completion point.
112
Applied technology diploma programs.
Continuing workforce education courses.
Degree career education programs.
Apprenticeship and preapprenticeship programs.
Postsecondary Workforce Education Performance Funding
Annual performance funding distributions to district school boards and state colleges are based
on student attainment of the credentials included in the CAPE Industry Certification Funding
List.
113
Performance funding for industry certifications for school district workforce education
programs is contingent upon specific appropriation in the General Appropriations Act.
114
106
Section 1011.62(1)(i)1., F.S.
107
Section 1011.62(1)(i)2., F.S.
108
Section 1011.62(1)(i)2., F.S.
109
Florida Department of Education, 2021-22 FEFP Final Calculation, available at
https://www.fldoe.org/core/fileparse.php/7507/urlt/2122FEFPFinalcalc.pdf, at 16.
110
Section 1011.80(1), F.S.
111
Section 1011.80(1), F.S.
112
Section 1004.02(20), F.S.
113
Section 1008.44(2), F.S.
114
Section 1011.80(7)(b), F.S. BILL: CS/CS/SB 240 Page 20
Prior to the 2022-2023 fiscal year, each school district and state college was to be provided
$1,000 for each industry certification earned by a workforce education student, or prorated if
funds were insufficient to fully fund the calculated total award. Beginning with the 2022-2023
fiscal year, the Credentials Review Committee is required to develop a returned-value funding
formula to allocate school district performance funds that rewards student job placements and
wages for students earning industry certifications, with a focus on increasing the economic
mobility of underserved populations.
One-third of the performance funds under the formula must be allocated based on student job
placements. The remaining two-thirds must be allocated using a tiered weighted system based on
aggregate student wages that exceed minimum wage, with the highest weight applied to the
highest wage tier, with additional weight for underserved populations. Student wages above
minimum wage are considered to be the value added by the institution’s training. At a minimum,
the formula must take into account variables such as differences in population and wages across
school districts.
115
Challenges to the development of the returned-value funding formula have been employment
tracking, lack of access to out-of-state placement, wage information for state incentive fund
calculations, and a lag between behavior and employment activity.
116
Operation of Postsecondary Workforce Education Programs
District school boards and state colleges may only conduct workforce education programs with
approval by the State Board of Education. Only state colleges may award college credit in an
associate in applied science or an associate in science degree, except that district school boards
may conduct any portion of the degree program that contains within it an occupational
completion point that confers a certificate or an applied technology diploma. Any instruction
designed to articulate to a degree program is subject to guidelines and standards adopted by the
State Board of Education.
117
The State Board of Education is required to establish criteria, based on the framework of quality
established by the Credentials Review Committee, for review and approval of new workforce
education programs by an state college or a school district that are not included in the statewide
curriculum framework.
118
A state college or school district offering a new workforce education program that is in the
statewide curriculum framework may not receive performance funding and additional full-time
equivalent membership funding until the workforce education program is reviewed, through an
expedited review process, and approved by the State Board of Education based on criteria that
must include, but is not limited to, the following:
119
115
Sections 1011.80(7)(b) and 1011.81(2), F.S.
116
Florida Credentials Review Committee, June 2022 Meeting Minutes, available at https://careersourceflorida.com/wp-
content/uploads/2022/10/2022-10-31-CRC-Agenda.pdf, at 3.
117
Section 1011.80(2), F.S.
118
Section 1011.80(2)(a), F.S.
119
Section 1011.80(2)(b), F.S. BILL: CS/CS/SB 240 Page 21
A description of the new workforce education program that includes all of the following:
o An analysis of workforce demand and unmet need for graduates of the program on a
district, regional, or statewide basis, as appropriate, including evidence from entities
independent of the technical center or institution.
o The geographic region to be served.
Documentation of collaboration among technical centers and institutions serving the same
students in a geographical or service area that enhances program offerings and prevents
program duplication that exceeds workforce need. Unnecessary duplication of programs
offered by public and private institutions must be avoided.
Alignment of program offerings with credentials or degree programs identified on the Master
Credentials List.
Articulation agreements between technical centers and state colleges for the enrollment of
graduates in related workforce education programs.
Documentation of alignment between the exit requirements of a technical center and the
admissions requirements of a state college into which students typically transfer.
Performance and compliance indicators that will be used in determining the program’s
success.
State University System Programs
For each university in the State University System of Florida, the Board of Governors is
responsible for cost-effective policy decisions appropriate to the university’s mission, the
implementation and maintenance of high-quality education programs, the measurement of
performance, the reporting of information, and the provision of input regarding state policy,
budgeting, and education standards.
120
The Board of Governors is required to develop a strategic plan specifying goals and objectives
for the State University System and each constituent university, including each university’s
contribution to overall system goals and objectives. The strategic plan is required to:
121
Include performance metrics and standards common for all institutions and metrics and
standards unique to institutions.
Consider reports and recommendations of the Florida Talent Development Council and the
Articulation Coordinating Committee.
Include student enrollment and performance data delineated by method of instruction,
including, but not limited to, traditional, online, and distance learning instruction.
Include criteria for designating baccalaureate degree and master’s degree programs at
specified universities as high-demand programs of emphasis, using the criteria to determine
value for and prioritization of degree credentials and degree programs established by the
Credentials Review Committee. The Board of Governors must review designated programs
of emphasis, at a minimum, every 3 years to ensure alignment with the prioritization of
degree credentials and degree programs identified by the Credentials Review Committee.
120
Section 1001.706(1), F.S.
121
Section 1001.706(5), F.S. BILL: CS/CS/SB 240 Page 22
State Financial Aid and Grants
The general requirements for eligibility of students for state financial aid awards and tuition
assistance grants consist of the following:
122
Achievement of the academic requirements of and acceptance at a state university or state
college; a nursing diploma school approved by the Florida Board of Nursing; a Florida
college or university which is accredited by an accrediting agency recognized by the State
Board of Education; a Florida institution the credits of which are acceptable for transfer to
state universities; a career center; or a private career institution accredited by an accrediting
agency recognized by the State Board of Education.
Residency in this state for no less than one year preceding the award of aid or a tuition
assistance grant.
123
Residency in this state must be for purposes other than to obtain an
education.
Submission of certification attesting to the accuracy, completeness, and correctness of
information provided to demonstrate a student’s eligibility to receive state financial aid
awards or tuition assistance grants.
Money-Back Guarantee Program
The Money-back Guarantee Program requires each district school board and state college to
refund the cost of tuition to students who are not able to find a job in the field in which the
student was trained within six months of successful completion of select workforce education
programs that prepare students for in-demand, middle-level to high-level wage occupations.
124
Each district school board and state college is required to establish a money-back guarantee
program to:
125
Offer a money-back guarantee on at least three programs that prepare individuals to enter in-
demand, middle-level to high-level wage occupations identified by the Labor Market
Estimating Conference. School districts or state colleges must offer a money-back guarantee
on at least 50 percent of workforce education programs if they offer six or fewer programs.
Offer a money-back guarantee for all workforce education programs that are established to
meet a critical local economic industry need, but are not linked to the statewide needs list as
identified by the Labor Market Estimating Conference.
Establish student eligibility criteria for the money-back guarantee program that includes:
o Student attendance.
o Student program performance.
o Career Service or Career Day attendance.
o Participation in internship or work-study programs.
o Job search documentation.
o Development of a student career plan with the institution’s career services department.
122
Section 1009.40(1)(a), F.S.
123
The residency requirement is specific to awards under ss. 1009.50, 1009.505, 1009.51, 1009.52, 1009.53, 1009.60,
1009.62, 1009.72, 1009.73, 1009.75, 1009.77, 1009.89, and 1009.894, F.S.
124
Section 1011.803(1), F.S.
125
Section 1011.803(2), F.S. BILL: CS/CS/SB 240 Page 23
By November 1 of each year, the DOE is required to report performance results by school
district, state college, and program to the Governor, the President of the Senate, and the Speaker
of the House of Representatives.
126
Open Door Grant Program
Under the Open Door Grant Program, grants are provided to district school boards and state
colleges to cover up to two-thirds of the cost of short-term high-demand programs for eligible
students upon successful completion and award of a credential of value. The grant program
provides short-term training for high-demand programs in Florida. The Open Door Grant
Program allows grant funds to be used to cover the cost of a program, which includes tuition and
fees, examination, books, and materials.
127
A student who does not receive state or federal aid at the time of enrollment is responsible for
paying one-third of the cost of the program and signing an agreement to either complete the
program or pay an additional one-third of the program cost in the event of non-completion. Grant
funds may be used to cover the student’s one-third of the cost of the program for students in
integrated education and training programs and students who do not have a high school diploma
and meet requirements established by the DOE. A student who does receive state or federal aid
may be awarded a grant to cover the unmet need after all eligible aid is accounted for.
128
The DOE is required to prioritize funding for integrated education and training programs in
which institutions establish partnerships with local workforce development boards to provide
basic skills instruction contextually and concurrently with workforce training that results in the
award of credentials on the Master Credentials List. One-quarter of the appropriated grant funds
must prioritize students attending rural institutions. No more than one-quarter of funds may be
disbursed annually to any one eligible institution.
129
The DOE may not reimburse any institution more than $3,000 per completed workforce training
program by an eligible student.
130
The State Board of Education is required to adopt rules for the DOE to administer the grant by:
Requiring eligible institutions to provide student-specific data and make final decisions on
any dispute between eligible institutions and grant recipients;
Undertaking periodic assessments of the overall success of the grant program and
recommend modifications, interventions, and other actions based on such assessments;
Establishing the procedure by which eligible institutions shall notify the department when
eligible students enroll in eligible programs; and
Requiring each eligible institution to submit a report with data from the previous fiscal year
on program completion and credential attainment by students participating in the grant
program.
131
126
Section 1011.803(4), F.S.
127
Section 1009.895, F.S.
128
Section 1009.895(4), F.S.
129
Section 1009.895(3), F.S.
130
Section 1009.895(5), F.S.
131
Section 1009.895(6) and (8), F.S. BILL: CS/CS/SB 240 Page 24
The DOE must provide an annual report to the State Board of Education on program completion,
attainment, and participant wage and demographics categorized by credential name and relevant
occupation.
132
As of March 1, 2023, the DOE disbursed to institutions $3,772,008 for the Open Door Grant
Program in the 2022-2023 fiscal year.
133
Florida Pathways to Career Opportunities Grant Program
The Florida Pathways to Career Opportunities Grant Program provides grants to high schools,
district school boards and state colleges, and other apprenticeship and preapprenticeship program
sponsors, on a competitive basis, to establish or expand apprenticeship or preapprenticeship
programs. The Department of Education is authorized to use up to $200,000 of the total amount
allocated to administer the grant program.
134
Applications are required to include projected enrollment and projected costs for the new or
expanded apprenticeship program. The department is required to award grants for
preapprenticeship or apprenticeship programs with demonstrated regional demand that:
Address a critical statewide or regional shortage as identified by the Labor Market
Estimating Conference and are industry sectors not adequately represented throughout the
state, such as health care;
Address a critical statewide or regional shortage as identified by the Labor Market
Estimating Conference; or
Expand existing programs that exceed the median completion rate and employment rate one
year after completion of similar programs in the region, or the state if there are no similar
programs in the region.
135
Grant funds may be used for instructional equipment, supplies, instructional personnel, student
services, and other direct expenses associated with the creation or expansion of an apprenticeship
program. Grant recipients must submit quarterly reports in a format prescribed by the
Department of Education, which annually publishes a report on its website.
136
For the 2022-2023 program year, the Legislature appropriated $15 Million, and reappropriated
approximately $2.9 Million, for the Florida Pathways to Career Opportunities Grant Program.
137
As of December 5, 2022, the Department of Education has provided $16.5 Million in grants to
50 district school boards, state colleges, and registered apprenticeship programs.
138
132
Section 1009.895(7), F.S.
133
Email, Department of Education (Mar. 3, 2023).
134
Section 1011.802(5), F.S.
135
Sections 1011.802(2) and (3), F.S.
136
Sections 1011.802(3) and (4).
137
Transparency Florida, 2022-2023 Operating Budget in Ledger Format,
http://www.transparencyflorida.gov/OperatingBudget/Ledger.aspx?FY=22&BE=48250800&AC=051310&Fund=1000&LI=
123&OB=Y&SC=F, (last visited Feb. 27, 2023).
138
Florida Department of Education, Pathways to Career Opportunities Grant Program, PCOG Prioritized Funding List
(Statewide Competition), https://www.fldoe.org/core/fileparse.php/18794/urlt/22-23PCOG-PFLStatewide.pdf. and PCOG
Prioritized Funding List (Space Coast Competition) (last visited Feb. 27, 2023). BILL: CS/CS/SB 240 Page 25
Workforce Development Capitalization Incentive Grant Program
The Workforce Development Capitalization Incentive Grant Program is a program to provide
grants to school districts and state colleges on a competitive basis to fund some or all of the costs
associated with the creation or expansion of workforce development programs that serve specific
employment workforce needs. The State Board of Education is required to give highest priority
to programs that train people to enter high-skill, high-wage occupations identified by the Labor
Market Estimating Conference and other programs approved by the State Board of Education,
programs that train people to enter occupations under the welfare transition program, or
programs that train for the workforce adults who are eligible for public assistance, economically
disadvantaged, disabled, not proficient in English, or dislocated workers.
139
The grant was not
funded in the 2022 fiscal year.
140
Workforce Training
The one-stop delivery system is the state’s primary customer-service strategy for offering every
Floridian access, through service sites or telephone or computer networks, to the following
services:
141
Job search, referral, and placement assistance.
Career counseling and educational planning.
Consumer reports on service providers.
Recruitment and eligibility determination.
Support services, including child care and transportation assistance to gain employment.
Employability skills training.
Adult education and basic skills training.
Technical training leading to a certification and degree.
Claim filing for reemployment assistance services.
Temporary income, health, nutritional, and housing assistance.
Other appropriate and available workforce development services.
Intensive services and training provided pursuant to WIOA are required to be provided to
individuals through Intensive Service Accounts and Individual Training Accounts. The state
workforce development board is required to develop criteria for use of these accounts.
142
Individual Training Accounts must be expended on programs that prepare people to enter
occupations identified by the Labor Market Estimating Conference and on other programs
recommended and approved by the state board following a review by the DEO to determine the
program’s compliance with federal law.
143
For each approved training program, local workforce
development boards, in consultation with training providers, must establish a fair-market
purchase price to be paid through an Individual Training Account. Training services provided
through Individual Training Accounts must be performance-based, with successful job
placement triggering final payment of at least 10 percent.
144
139
Section 1011.801, F.S.
140
Chapter 2022-156, Laws of Fla.
141
Section 445.009(1), F.S.
142
Section 445.009(7), F.S.
143
Section 445.009(8)(a), F.S.
144
Section 445.009(8)(e), F.S. BILL: CS/CS/SB 240 Page 26
Typical training services for adults and dislocated workers include, but are not limited to
occupational skills training, on-the-job training and related instruction, incumbent worker
training, job readiness training, entrepreneurship, adult literacy, and employer-specific
training.
145
:
An eligible training provider is the only type of entity that may receive funding for providing
these services.
146
An eligible training provider must be included on the state list of eligible
training providers and must:
147
Provide a program of higher education which leads to a recognized postsecondary credential;
Be a registered apprenticeship or pre-apprenticeship program; or
Provide other training services, including adult education and literacy activities provided in
combination with other eligible training services.
Training provided by an eligible training provider must lead to:
148
A certificate, an associate degree, baccalaureate degree, or
The skills or competencies needed for a specific job or jobs, an occupation, occupational
group, or generally, for many types of jobs or occupations, as recognized by employers and
determined prior to training.
The DEO is responsible for establishing standards for eligible training providers of workforce
development programs funded through WIOA. The DEO is required to establish initial and
subsequent eligibility criteria, based on input from the state board, local workforce development
boards, the DOE, and other stakeholders, for the WIOA eligible training provider list. The 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 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 the Workforce Development Information System maintained by the DOE, to
determine whether each program offered by a training provider is qualified to remain on the list.
Nationally, 54 percent of WIOA participants who complete a training program of an eligible
training provider find employment.
149
Every program offered by a training provider in Florida is
required to demonstrate:
150
That income earnings for all individuals who complete the program are equivalent to or
above the state’s minimum wage in a calendar quarter.
An employment rate of at least 75 percent for all individuals. For programs linked to an
occupation, the employment rate is calculated based on obtaining employment in the field in
which the participant was trained.
145
20 C.F.R. s. 680.200.
146
20 C.F.R. s. 680.410.
147
20 C.F.R. s. 680.410.
148
20 C.F.R. s. 663.508.
149
USDOL, Employment and Training Administration, Finding the Right Training,
https://www.trainingproviderresults.gov/#!/about, (last visited Mar. 11, 2023).
150
Section 445.003(7)(b), F.S. BILL: CS/CS/SB 240 Page 27
A completion rate of at least 75 percent for all individuals, beginning with the 2023-2024
program year.
Internship Tax Credit Program
Internships give students the opportunity to gain valuable applied experience and make
connections in professional fields they are considering for career paths. More students are
pursuing experiential learning, particularly internships, and more colleges and universities are
promoting student engagement in experiential learning such as internships, and a greater number
and variety of employers are offering these experiences in the form of internships.
151
The Florida Internship Tax Credit Program provides a tax credit for up to five student interns per
taxable year, per corporation. The credit amount is $2,000 per student intern (maximum of
$10,000 for each taxable year).
152
The Florida Endowment Foundation for Vocational Rehabilitation (The ABLE Trust)
In 1990, the Legislature recognized the need to encourage public and private support to enhance
vocational rehabilitation and employment of Florida’s citizens who are disabled by establishing
the Florida Endowment Foundation for Vocational Rehabilitation, also known as The ABLE
Trust, as a direct support organization for the Division of Vocational Rehabilitation within the
Department of Education. The ABLE Trust is approved by the division to be operating for the
benefits and best interest of the state through a contract.
153
A board of directors, appointed by the
Governor, oversees the operations of The ABLE Trust and ensures that funds are provided for
programs or initiatives which engage in the research, promotion, or aid of job training and
counseling for Florida’s disabled citizens, and to support the work of the division.
154
Florida Workforce Education Financial Assistance
Created in 1993, the Florida Work Experience program (FWEP) provides need-based financial
assistance to students as they are employed in occupations complementary to their educational
endeavors and career goals. The 2007 Florida Legislature expanded the FWEP to serve students
at postsecondary institutions by providing additional on-campus employment opportunities,
helping to keep students in school and reducing students' school loans. Additionally, the
program’s opportunities for employment at a student’s school serve as a retention tool because
students employed on campus are more likely to complete their postsecondary education.
155
Eligibility for students to participate must include one of the following criteria:
156
Enrolled at an eligible college or university as no less than a half-time undergraduate student
in good standing;
151
National Association of Colleges and Employers, Policy Statement: U.S. Internships (2018),
https://www.naceweb.org/about-us/advocacy/position-statements/position-statement-us-internships/ (last visited Mar. 4,
2023).
152
Section 220.198, F.S. See also https://floridarevenue.com/taxes/tips/documents/tip_22c01-01.pdf
153
Section 413.615(5)-(6), F.S.
154
Sections 413.615(4), (8), and (10), F.S.
155
Section 1009.77(1), F.S.
156
Section 1009.77(8)(a), F.S. BILL: CS/CS/SB 240 Page 28
Enrolled in an eligible postsecondary career certificate program
157
as no less than a half-time
student in good standing; or
Being enrolled as no less than a half-time student in good standing at an eligible educator
preparation institution.
Currently, students pursuing an applied technology diploma are not eligible to participate in the
program. An applied technology diploma is a credential that signifies a student has successfully
completed a (clock hour or college credit) postsecondary education program and is ready for
employment in a field. Examples include medical coding/billing (1110 clock hours), paramedic
(1100 clock hours), pharmacy technician (1050 clock hours), and dental assisting technology and
management (1230 clock hours).
III. Effect of Proposed Changes:
CS/SB 240 provides supports for district school boards, Florida College System institutions
(state colleges), and other stakeholders in Florida’s workforce development system to provide
students with high-quality career and technical education (CTE) and other workforce education
programs.
State Administration of Workforce Development
The bill amends s. 14.36, F.S., to expand the REACH Office’s authority to include facilitating
coordination among the DEO, DOE, and CareerSource Florida, Inc., to develop and expand
apprenticeship, preapprenticeship, and other work-based learning models and streamline efforts
to recruit and onboard new apprentices, preapprentices, students, and employers interested in
work-based learning opportunities. The coordination must include, but not be limited to,
conducting outreach with business leaders, local governments, and education providers.
The bill requires the REACH Office to develop criteria and display public information that will
assist the public in making informed decisions when deciding to access the local workforce
board or one-stop career center.
The bill also revises the statutory name of the opportunity portal by renaming it the consumer-
first workforce system.
Additionally, the bill requires the REACH Office to maximize the use of funds appropriated for
the development and initial operation of the consumer-first workforce system rather than
maximize the use of available federal and private funds as under current law.
The bill requires CareerSource Florida, in consultation with the DEO, to assist the state board in
developing and administering streamlined and collaborative approaches to workforce
development that results in cost saving and efficiencies throughout the state.
The bill requires the state board, in consultation with the DEO, to:
157
Section 1009.77(8)(a)2. Eligible programs must be approved by the Department of Education and must consist of no less
than 450 clock hours of instruction. Such programs must be offered by a career center operated by a district school board
under s. 1001.44 or by a Florida College System institution. BILL: CS/CS/SB 240 Page 29
Require administrative cost arrangements among planning regions;
Implement consistent contract and procurement policies and procedures;
Require the use of a state-established template for contracts or other method for ensuring all
contract mechanisms follow certain standards established by the board, and leveraged buying
power for fringe benefits, such as health insurance, life insurance, and retirement.
Career and Technical Education
Career and Education Planning
The bill amends s. 1003.4156, F.S., to modify the middle school course in career and education
planning to require, instead of authorize, updating the academic and career plan for a student at
least annually as the student progresses through middle school and high school. The bill also
requires a middle grade student’s personalized academic and career plan to include information
on the career and technical education graduation pathway option and work-based learning
opportunities.
The bill amends ss. 1003.02 and 1014.05, F.S., to require district school board policies to include
procedures for a parent or guardian and the student to learn about workforce education options
for students, such as apprenticeships and preapprenticeships, diversified education, CTE courses
and programs, career and technical student organizations (CTE student organizations), and
industry certifications, and the costs and benefits of CTE in comparison to other postsecondary
pathways. The bill requires that parents and students be provided the contact information for a
certified school counselor to provide advice.
Beginning in the 2023-2024 school year, the bill requires each district school board to adopt
policies and procedures to require each high school to host an annual career fair during the
school year and establish a process to provide students in grades 11 and 12 the opportunity to
meet or interview with potential employers during the career fair. The career fair must be held
during the school day. The career fair must also be held on the campus of the high school, unless
the district holds a joint career fair involving multiple high schools.
Work-Based Learning
The bill establishes regional education and industry consortia and requires meetings and reports
to the local workforce development board. The bill creates in s. 445.007, F.S., the requirement
for each local workforce development board to create an education and industry consortium
composed of representatives of educational entities and businesses in the designated service
delivery area. Each consortium is required to provide quarterly reports to the applicable local
board that provide community-based information related to educational programs and industry
needs to assist the local board in making decisions on programs, services, and partnerships in the
service delivery area. The bill requires the local board to consider the information obtained from
the consortium to determine the most effective ways to grow, retain, and attract talent to the
service delivery area.
The bill requires the chair of the local workforce development board to appoint the consortium
members. The bill prohibits a member of a local workforce development board from serving as a
member of the consortium. The bill provides that consortium members are appointed for 2-year BILL: CS/CS/SB 240 Page 30
terms beginning on January 1 of the year of appointment, and any vacancy on the consortium
must be filled for the remainder of the unexpired term in the same manner as the original
appointment.
The bill requires in s. 1004.015, F.S., the Florida Talent Development Council identify barriers
and best practices in the facilitation of work-based learning opportunities for students in middle
and high school. The bill requires the Florida Talent Development Council, by December 1,
2023, to submit to the Governor, the President of the Senate, and the Speaker of the House of
Representatives recommendations on best practices for collaboration between district school
boards, local workforce development boards, and local businesses and business groups. The
recommendations must include any necessary legislative action to facilitate work-based learning
opportunities for students in middle and high school, including the identification of potential
targeted financial incentives that may help to facilitate work-based learning opportunities for
students.
The bill specifies that work-based learning should prioritize diversified education, which adds to
current law that encourages apprenticeship and preapprenticeship opportunities. The bill
modifies s. 446.071, F.S., to authorize an educational institution, a local workforce board, a
community or faith-based organization, or an association to be an apprenticeship sponsor.
Additionally, the bill modifies s. 446.0915, F.S., to require each district school board to provide
all students enrolled in grades 9 through 12 with at least one work-based learning opportunity.
Workers’ Compensation Reimbursement Program
The bill modifies s. 446.54, F.S., to shift the administration of reimbursements for workers’
compensation insurance costs of work-based learners from the Department of Education to the
Department of Financial Services (DFS) and clarifies that reimbursements are for workers’
compensation insurance premiums paid during the previous state fiscal year.
The bill requires an application for reimbursement to include:
The number of students participating in work-based learning opportunities with the
employer, including the number of those who are participating in paid and unpaid work-
based learning opportunities with the employer;
An attestation of information specified in law regarding student eligibility and details of the
employer request for reimbursement.
The bill requires DFS to process applications within 45 days and coordinate with the educational
institution to verify student and employer information. Reimbursements must be made on a first-
come, first-served basis.
The bill defines an “educational institution” to include a school operated by a district school
board, a charter school, a career center operated by a district school board, a charter technical
career center operated by a district school board, or a state college.
The bill provides $2 million in nonrecurring funds to the DFS to make reimbursements for
workers-compensation premiums for students in work-based learning programs. BILL: CS/CS/SB 240 Page 31
CTE Teachers
The bill modifies s. 1012.39, F.S., to provide flexibility from certification requirements for
school boards in hiring non-degree CTE teachers by:
Reducing the required minimum experience to 3 years.
Removing the requirement for demonstrating successful teaching performance.
Removing career education training requirements for part-time CTE teachers.
Authorizing full-time CTE teachers to complete professional education training through local
district inservice master plans.
As an alternative to the requirement of passing a subject area exam, the bill authorizes a person
who holds an industry certification in a subject matter area to serve as an adjunct teacher.
The bill modifies s. 1012.585, F.S. to require district school boards to include in inservice plans a
process for teachers to earn inservice hours toward renewal of a professional certificate through
involvement in extracurricular CTE activities, such as serving as an advisor for a CTE student
organization.
Controlled Open Enrollment
The bill modifies s. 1002.31, F.S., to require each district school board to enable a student who,
in middle school, completed a CTE course or an industry certification included in the CAPE
Industry Certification Funding List to continue a sequential program of CTE in the same
concentration, if a high school in the district offers the program.
Standard High School Diploma
The bill amends s. 1003.4282, F.S., to modify the options for a student to complete required
credits to earn a standard high school diploma. The bill replaces the practical arts option in the
required credit in fine or performing arts, speech and debate, or practical arts with the option to
complete one credit in CTE to satisfy the required credit.
The bill adds graduation and university admissions requirements to the required biennial study
by the State Board of Education on the sufficiency of academic standards of CTE courses. In
addition, the bill requires the Department of Education (DOE) to convene a workgroup to:
Identify best practices in CTE pathways from middle school to high school to aid middle
school students in career planning and facilitate their transition to high school programs. The
career pathway must be linked to postsecondary programs.
Establish three mathematics pathways for students enrolled in secondary grades by aligning
mathematics courses to programs, postsecondary education, and careers. The bill requires the
workgroup to identify the three mathematics pathways and the mathematics course sequence
within each pathway which align to the mathematics skills needed for success in the
corresponding academic programs, postsecondary education, and careers.
The bill requires the State Board of Education to establish a process that enables a student to
receive work-based learning or credit in electives for completing a threshold level of
demonstrable participation in extracurricular activities associated with career and technical BILL: CS/CS/SB 240 Page 32
student organizations. As a result, for example, a student who completes a supervised
agricultural experience through the Florida Future Farmers of America would receive a work-
based learning credit or elective credit. The bill prohibits eligibility for work-based learning
credit or credit in electives for extracurricular activities or supervised agricultural experiences to
be limited by grade level.
The bill modifies ss. 1003.4285 and 1003.5716, F.S., to rebrand the merit designation on a
standard high school diploma as the "Industry Scholar" designation.
Articulation
The bill requires the Office of Program Policy Analysis and Government Accountability to
conduct a review of approved career statewide articulation agreements that include:
Industry certification, career certificate, and applied technology diploma programs that
articulate to associate in science or associate in applied science degrees.
Early childhood education programs.
Associate in science to baccalaureate degree programs.
The bill requires the review to include:
The number of CAPE industry certifications on the Master Credentials List which are
included in a statewide articulation agreement.
The number of career programs or degrees offered by career centers and state colleges
compared to the number of such certifications or programs included in a statewide
articulation agreement.
The extent to which articulated programs included in a statewide articulation agreement are
offered in a region or service area.
The number and percentage of students in an articulated career program who transfer to and
then complete the linked program specified in the statewide articulation agreement.
Recommendations to strengthen the process of developing statewide articulation agreements,
and on the role of such agreements in a Florida stackable credential framework.
The bill requires the office to report its findings to the President of the Senate and the Speaker of
the House of Representatives by November 1, 2023.
Credentials of Value
Labor Market Estimating Conference
The bill amends s. 216.135, F.S., to require state agencies to ensure that any related work product
is consistent with the official information developed by the Economic Estimating Conference,
the Demographic Estimating Conference, and the Labor Market Estimating Conference.
The bill modifies in s. 216.136, F.S., the duties of the Labor Market Estimating Conference, to
remove the requirement for the Labor Market Estimating Conference to:
Develop real-time supply and demand data in Florida’s local labor markets but maintain the
requirement to develop information with respect to supply and demand in Florida’s statewide BILL: CS/CS/SB 240 Page 33
and regional labor markets, and specifies the obligation is with respect to the state’s near- and
long-term planning and budgeting needs.
Identify in-demand, high-skill, middle-level to high-level wage occupations.
Master Credentials List
The bill modifies the requirements for the Master Credentials List. The bill amends s. 445.004,
F.S., to:
Specifically provide that industry certifications for agricultural occupations are eligible for
inclusion on the Master Credentials List.
Limit the Master Credentials List to credentials up to and including associate degrees, and
exclude baccalaureate and graduate degrees.
Specify that the REACH Office Director serves as chair of the Credentials Review
Committee.
Provide flexibility to the Credentials Review Committee to adopt criteria for determining
whether nondegree credentials meet labor market demand instead of relying on the Labor
Market Estimating Conference for the determination.
Require the Credentials Review Committee to consider information provided by Labor
Market Statistics Center within the Department of Economic Opportunity (DEO) as evidence
for determining whether a nondegree credential meets labor market demand. The bill makes
conforming changes throughout to authorize agencies to consider labor information provided
by the Labor Market Statistics Center.
Require the Credentials Review Committee to consider both information provided by the
Labor Market Statistics Center within the Department of Economic Opportunity and the
Labor Market Estimating Conference in the development of the criteria to determine whether
to include degree programs on the Master Credentials List.
Authorize the Credentials Review Committee to consider additional evidence to determine
labor market demand for credentials for agricultural occupations.
Remove the requirement that the Master Credentials List and the Labor Market Estimating
Conference be used to designate state university Programs of Strategic Emphasis.
Requires a minimum phase-out period of at least one year after being marked for removal for
credentials on the Master Credentials List; which provides stability and predictability in
creating programs.
Specify that the Master Credentials List is used for the development of the CAPE Industry
Certification Funding List.
CAPE Industry Certification Funding List
In order to provide flexibility to align the CAPE Industry Certification Funding List with CTE
pathways instead of individual courses, the bill modifies s. 1008.44, F.S., to remove the
requirement that courses that lead to certifications identified in the Master Credentials List be
included in the CAPE Industry Certification Funding List.
CAPE Digital Tools
The bill removes from the CAPE Industry Certification Funding List requirements for inclusion
of CAPE ESE digital tools and CAPE Innovation credentials and their associated incentives. BILL: CS/CS/SB 240 Page 34
The bill specifies that the DOE selects the CAPE digital tool certificates that are included on the
CAPE Industry Certification Funding List and requires the DOE to annually review available
assessments that meet the requirements for inclusion on the list. The bill also authorizes the DOE
to limit CAPE industry certifications and CAPE Digital Tool certificates to students in certain
grades without receiving formal recommendations from the providers of the certificate.
Florida Education Finance Program
The bill modifies s. 1011.62, F.S., to require in the Florida Education Finance Program the cost
factor for secondary CTE programs to be higher than the cost factor basic programs grade 9
through 12.
The bill removes the limitation of 0.1 additional FTE membership for an elementary or middle
grades student for certificates earned within the same year and authorizes middle school digital
tool certificates to partially satisfy sequential industry certification requirements for FTE bonus
funding.
The bill provides an incentive for CTE concentrators by providing additional FTE to students
who complete at least three courses and an industry certification in a single CTE program or
program of study.
The bill maintains the current requirement that 80 percent of bonus funds remain with the CTE
program, but also specifies that the remaining 20 percent must be reserved for district CTE
programs.
The bill extends the deadline for the commissioner to review whether the weights for additional
FTE for CTE programs should be revised to prioritize valuable certifications.
Dual Enrollment
The bill adds to the options for district school boards to generate additional full-time equivalent
student membership through the dual enrollment program. The bill provides that a value of 0.08
full-time equivalent student membership must be calculated for each student who completes a
career course through the dual enrollment program with a grade of “A” in a pathway that leads to
an industry certification that is included on the CAPE Industry Certification Funding List.
Postsecondary Workforce Education
Postsecondary Workforce Education Performance Funding
The bill modifies s. 445.004, F.S., to remove the requirement for the Credentials Review
Committee to develop a returned-value performance funding formula for performance funding
for district school boards and state colleges.
The bill modifies ss. 1011.80(7) and 1011.81(2), to create tiered performance funding for district
school boards and state colleges by providing a higher incentive for certifications with higher
anticipated wages, rather than the current returned-value funding formula or $1,000 for all BILL: CS/CS/SB 240 Page 35
certifications. The bill requires the State Board of Education to adopt the tiers for each earned
industry certification based upon the anticipated average wages of the highest earning occupation
to which the certification is linked on the Master Credentials List. The amount awarded for each
tier must be specified in the GAA.
Operation of Postsecondary Workforce Education Programs
The bill amends s. 1011.80, F.S., to modify the approval process for state colleges and school
districts to conduct workforce education programs. The bill:
Maintains the requirement that state colleges and district school boards obtain approval of
new workforce education programs that are not included in the statewide curriculum
framework.
Shifts from the State Board of Education to the local college board of trustees or district
school board the responsibility for approval of new workforce education programs that are in
the statewide curriculum framework.
Specifies that state colleges and district school boards may offer continuing workforce
education courses or programs without prior State Board of Education approval but requires
keeping adequate and accurate records of instructional activity and reporting continuing
workforce education instructional activity in a format prescribed by the DOE. The bill
specifies that continuing workforce education courses and programs are exempt from the
requirements for approval by the State Board of Education, state college board of trustees, or
district school board, and are ineligible for performance funding.
The bill also removes the prohibition on the awarding by district school boards of college credit
in associate in applied science and associate in science degrees. The bill provides a process for
the State Board of Education to approve associate in science and associate in applied science
degree programs offered by district school boards that aligns with the process for state colleges
to offer baccalaureate degree programs. The bill aligns the tuition for associate in science and
associate in applied science degree programs with the tuition for the programs offered by state
colleges, which is $71.98 per credit hour for residents and nonresidents, and an out-of-state fee
of $215.94 per credit hour.
158
State University System Programs
The bill provides flexibility to the Board of Governors of the State University System of Florida
by removing in s. 1001.706, F.S., the requirement to adopt the criteria to determine value for and
prioritization of degree credentials and degree programs established by the Credentials Review
Committee for designating high-demand programs of emphasis.
The bill requires the strategic plan for the Board of Governors to consider information provided
by the Labor Market Statistics Center within the Department of Economic Opportunity related to
short-term demand and the long-term data of the Labor Market Estimating Conference.
158
Section 1009.23, F.S. BILL: CS/CS/SB 240 Page 36
State Financial Aid and Grants
Money-Back Guarantee Program
The bill modifies s. 1011.803, F.S., to provide flexibility for institutions to determine the three
programs for which the institution offers a money-back guarantee, by removing the requirement
that the programs be linked to preparing students for in-demand, middle-level to high-level wage
occupations identified by the Labor Market Estimating Conference. The bill also removes the
requirement that all programs offered to meet local workforce demand include a money-back
guarantee for employment.
Open Door Grant Program
The bill modifies s. 1009.895, F.S., to convert the Open Door Grant Program to a financial aid
program for students of a state college or technical center to incentivize current and future
workers to enroll in CTE that leads to a credential, certificate, or degree. The bill requires
participating postsecondary institutions to administer the grant program in accordance with rules
of the State Board of Education.
Under the bill, in order to be eligible for the program, a student must:
Be a resident of Florida for tuition purposes and attest to the accuracy, completeness, and
correctness of information provided to demonstrate the student’s eligibility to receive state
financial aid awards or tuition assistance grants;
Be enrolled in a workforce education program; and
Be enrolled at a school district postsecondary technical career center, a state college, or a
charter technical career center.
An institution is prohibited by the bill from imposing additional criteria to determine a student’s
eligibility to receive a grant.
Under the bill, a student is eligible to receive an award equal to the amount needed to cover 100
percent of the cost for the eligible workforce education program after all other federal and state
financial aid and any other private or public financial assistance is applied. These costs may
include tuition and fees, exam or assessment costs, books, or related materials. Additionally, a
student is eligible to receive a stipend up to $1,500 per academic year to cover other educational
expenses related to cost of attendance. The awards are subject to availability of funding and
stipend amounts may be specified in the GAA. The bill requires institutions to give returning
students priority over new students.
The bill provides a timetable for funding the grant program. Pursuant to the bill:
For the 2023-2024 fiscal year, funding for eligible institutions must consist of a base amount
provided for in the General Appropriations Act plus each institution’s proportionate share of
full-time equivalent students enrolled in workforce education programs.
Beginning in fiscal year 2024-2025, the funds appropriated for the Open Door Grant Program
must be distributed to eligible institutions in accordance with a formula approved by the State
Board of Education. The formula must consider at least the prior year’s distribution of funds
and the number of eligible applicants who did not receive awards.
BILL: CS/CS/SB 240 Page 37
The bill requires, subject to the appropriation of funds by the Legislature, the Department of
Education to transmit payment of grants to the institution in advance of the registration period
and institutions to notify students of the amount of their awards.
The bill requires institutions to determine the eligibility status of each student to receive a
disbursement as of the end of its regular registration period, inclusive of a drop-add period and
proscribes any requirement for institutions to subsequently reevaluate a student’s eligibility
status.
The bill requires institutions to certify to the DOE within 30 days after the end of the regular
registration period of each term the amount of funds disbursed to each student. Institutions are
required under the bill to remit to the DOE any undisbursed advances for the fall, spring, and
summer terms within 30 days after the end of the summer term.
The bill requires each institution to report to the DOE by the established date:
The number of students eligible for the program for each academic term.
Any necessary demographic and eligibility data for students;
The information from the currently required report that includes data from the previous fiscal
year on program completion and credential attainment by students participating in the grant
program. The bill removes the requirement that the report include the average cost per
workforce credential attained, categorized by credential name and relevant occupation.
The bill maintains the requirement for the DOE to compile the data and provide a report to the
State Board of Education but removes the requirements for the report to include information on
the average wage, age, gender, race, ethnicity, veteran status, and other relevant information, of
students who have completed workforce training programs categorized by credential name and
relevant occupation.
The bill maintains the requirement for the State Board of Education to adopt rules to implement
the program.
Pathways to Career Opportunities Grant Program
The bill modifies s. 1011.802, F.S., to provide flexibility for the administration of the Pathways
to Career Opportunities Grant Program. Specifically, the bill:
Removes the requirement that the grant be awarded on a competitive basis.
Removes the limitation that the grant award may only be used for establishing or expanding
programs and prohibits the award from being used for administrative costs.
Enables the DOE to consider, in the approval of grant awards, information in addition to the
findings of the Labor Market Estimating Conference related to labor market demand,
including data of the Labor Market Statistics Center within the Department of Economic
Opportunity (DEO).
Incents programs to work together to share program resources.
Doubles to $400,000 the amount the DOE may use to administer the program.
The bill prohibits any individual applicant from receiving more than ten percent of the total
amount appropriated. BILL: CS/CS/SB 240 Page 38
Workforce Development Capitalization Incentive Grant Program
The bill amends s. 1011.801, F.S., to modify the purpose and administration of the Workforce
Development Capitalization Incentive Grant Program. The bill:
Removes the requirement that the grant be administered on a competitive basis.
Shifts the focus of the workforce development grant to serving secondary students in CTE
programs.
Requires the Department of Education to administer the workforce development
capitalization incentive grant program and authorizes the state board of education to adopt
rules.
Provides $100 million for the Workforce Development Capitalization Incentive Grant
Program.
Workforce Training
The bill maintains the requirement in s. 445.009, F.S., that training services provided through
WIOA individual training accounts be performance-based but removes the specified final
payment of at least 10 percent for job placement.
The bill amends s. 445.003, F.S., to modify the minimum completion, employment, and earnings
requirements for eligible training providers by authorizing DEO and DOE to set the minimum
percentage thresholds for eligibility. The bill specifies that no more than 20 percent of all eligible
training providers in the state would fall below the minimum criteria set by the departments.
The bill restores an annual nursing study. The bill modifies s. 464.0195, F.S., to require the
Florida Center for Nursing to convene various groups representative of nurses, other health care
providers, business and industry, consumers, lawmakers, and educators to:
Review and comment on data analysis prepared for the center;
Recommend systemic changes, including strategies for implementation of recommended
changes; and
Evaluate and report the results of these efforts to the Legislature and others.
No later than each January 10, submit a report to the Governor, the President of the Senate,
and the Speaker of the House of Representatives providing details of its activities during the
preceding calendar year in pursuit of its goals and in the execution of its duties.
Internship Tax Credit Program
The bill expands and renames the ‘Internship Tax Credit Program’ the ‘Experimental Learning
Credit Program’. The bill also authorizes businesses to claim a tax credit for employing
apprentices and preapprentices. Consistent with the current program, the tax credit amount
remains $2,000 per student intern, apprentice, or preapprentice (maximum of $10,000/business,
inclusive of subsidiaries, for each taxable year).
159
159
Section 220.198, F.S. See also https://floridarevenue.com/taxes/tips/documents/tip_22c01-01.pdf BILL: CS/CS/SB 240 Page 39
To qualify, a business must employ an apprentice or preapprentice in Florida for at least 500
hours during the year. Additionally, it must show that at least 20 percent of its full-time
employees were former apprentices or preapprentices. Small businesses (average of 10 or fewer
full-time employees for last three years) must currently employ a former apprentice,
preapprentice, or student intern.
The bill specifies that the combined total amount of tax credits is $2.5 million in each of the state
fiscal years 2021-2022, 2022-2023, 2023-2024, and 2024-2025.
The Florida Endowment Foundation for Vocational Rehabilitation (The ABLE Trust)
The bill delays the October 1, 2023, scheduled repeal of the Florida Endowment Foundation for
Vocational Rehabilitation (The ABLE Trust) as a statutorily-created direct support organization
until October 1, 2027.
The bill requires the Florida Endowment Foundation for Vocational Rehabilitation to conduct
research and issue reports on the systems in Florida that provide services to individual with
disabilities, including autism and intellectual and developmental disabilities. The board is
required to submit to the Legislature a report by December 1, 2023. The report must:
Identify the current systems for service delivery to persons with disabilities, including
operations, services, coordination activities, and structures.
Identify barriers and obstacles in transportation for persons with disabilities living in the
home or receiving community-based services for jobs, medical appointments, and peer-to-
peer groups.
Identify workforce issues related to direct support professionals, behavioral or mental health
specialists, health care practitioners, and other individuals who assist with the provision of
services to persons with disabilities.
Examine the best practices for uniform and efficient service delivery and the coordination of
and transition among systems, including transitioning out of high school.
Examine federal and state law and rules that impact or limit supports or services for persons
with disabilities.
Identify systemwide incongruency and inefficiencies in service delivery.
Identify opportunities for job coaching and community participation supports, including
those opportunities for individuals who cannot or choose not to go into the community
because of underlying issues.
Florida Workforce Education Financial Assistance Programs
The bill expands the Florida Work Experience Program to include students who attend charter
technical career centers and students pursuing an applied technology diploma on at least a half-
time basis. Additionally, the bill encourages a participating postsecondary education institution
to provide academic credit to students who participate in the program.
The bill also authorizes a state university to establish a workforce education partnership program.
Pursuant to the bill, the purpose of a workforce education partnership program is to allow a
student who is enrolled at the state university, and employed by a private employer participating
in the program, to graduate from the state university without student loans. The bill requires the BILL: CS/CS/SB 240 Page 40
Board of Governors to create a template, in consultation with state and local workforce and
economic development agencies, for a state university to establish the program. The template
must include the following:
The process for a private employer to participate in the program.
Student eligibility criteria.
The process for the eligible student to enroll in the program.
Guidance and requirements for the state university and private employer to:
o Each designate a mentor to assist participating students.
o Create a process to make a housing stipend available to participating students.
o Create a process to provide life management and professional skills training to
participating students.
The requirement that a private employer establish an education assistance program pursuant
to s. 127 of the Internal Revenue Code of 1986 and provide tuition assistance for a student
enrolled at the state university while such student works for the private employer up to the
maximum amount that the employer may exclude from the employer's gross income under
that section.
The requirement that the state university work with participating students to ensure that they
have applied for and are receiving the maximum amount of financial aid in the form of
scholarships and grants.
The requirement that the state university and private employer seek out additional sources of
funding to pay for remaining costs for participating students.
The bill requires the Board of Governors to evaluate the effectiveness of the workforce education
partnership programs and determine if additional training and employment programs can use the
template developed.
The bill authorizes the Board of Governors to adopt regulations for the administration of the
program.
The bill takes effect July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None. BILL: CS/CS/SB 240 Page 41
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The bill will have a significant impact on state revenues and expenditures. The bill
requires an appropriation of $100 million to support career and technical education for
students in secondary grades and an appropriation of $2 million to reimburse employers
providing work-based learning opportunities for students.
The provisions of the bill adjusting the cost factor and weighted funding for students in
career and technical education programs may reallocate funds within the Florida
Education Finance Program to school districts with relatively more students enrolled in
career and technical education programs.
The bill doubles to $400,000 the amount the Department of Education may retain for
administering the Pathways to Career Opportunities Grant Program.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends ss. 14.36, 216.135, 216.136, 220.198, 413.615, 445.003, 445.004,
445.007, 445.009, 445.038, 446.071, 446.0915, 446.54, 464.0195, 1001.03, 1001.43, 1001.64,
1001.706, 1002.31, 1003.02, 1003.4156, 1003.4203, 1003.4282, 1003.4285, 1003.491,
1003.5716, 1004.013, 1004.015, 1008.41, 1008.44, 1009.22, 1009.354, 1009.77, 1009.894,
1009.895, 1009.935, 1009.986, 1011.62, 1011.80, 1011.801, 1011.802, 1011.803, 1011.81,
1012.39, 1012.57, 1012.585, and 1013.841, F.S. BILL: CS/CS/SB 240 Page 42
The bill creates ss. 1007.331 and 1009.771, F.S.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS in Fiscal Policy on April 13, 2023:
The committee substitute modifies revisions made in the bill to the state administration of
workforce development. The committee substitute:
Requires the REACH Office to coordinate apprenticeship across state agencies.
Specifies flexibility provided in the bill for minimum criteria for eligible training
providers of workforce development programs.
Removes from the bill the provision related to federal waivers for workforce
development.
Adds requirements for workforce development agencies to work together to
streamline workforce development.
Authorizes the Credentials Review Committee to consider labor market demand data
for agricultural occupations and adds notice requirements for denying an application
to the Master Credentials List.
Removes the specific requirement that the analysis of the health care workforce
supply and demand to align with agency labor market information.
Authorizes academic credit for the Florida Work Experience Program and allows
participation by a charter technical career center and an applied technology diploma
program.
Requires the Board of Governors of the State University System to create a template
for state universities to establish a workforce education partnership program between
state universities and private employers to provide resources to students to ease
financial burdens through paid work experience and available financial assistance
programs.
Advances to November 1 the due date for the OPPAGA report on the review of
approved career statewide articulation agreements.
Extends the sunset date for the ABLE Trust and adds requirements for the ABLE
Trust to examine areas for potential improvement in services to persons with
disabilities and report to the Legislature.
The committee substitute modifies revisions to workforce education funding provided in
the bill. The committee substitute:
Specifies that transportation and housing costs for eligible students under the Open
Door Grant Program will be funded with a $1,500 stipend and clarifies that funding
per institution is based on the number of enrolled workforce education students.
Modifies tiered performance funding for postsecondary institutions by requiring
industry certifications earned by students of career centers and state colleges to be
funded at $1,000 each or prorated, and requires the DOE to provide a report to the
Legislature with industry certifications sorted into tiers based on anticipated wage
outcomes. BILL: CS/CS/SB 240 Page 43
Modifies the Workforce Development Capitalization Incentive Grant Program as
provided in the bill to specify that the grant is for serving secondary students in high-
performing, high-demand CTE programs.
Removes the limitation that the Pathways to Career Opportunities Grant Program be
used only for the creation or expansion of programs and prohibits funds to be used for
administrative costs.
Removes the exception to the money-back guarantee program for school districts and
state colleges that offer 6 or fewer programs.
Renames the Internship Tax Credit as the Experiential Learning Tax Credit and adds
apprentices and preapprentices to the tax credit program.
Makes conforming changes throughout the bill to provide consistency in references to
agencies providing labor market data.
The committee substitute modifies requirements of the bill related to workforce education
programs conducted district school boards. The committee substitute:
Authorizes career centers to offer Associate in Science and Associate in Applied
Science programs and establishes tuition for the programs and the procedures for
review and approval by the State Board of Education.
Requires district school boards to host career fairs for high schools.
Replaces the requirement of the bill that student personalized academic and career
plans be updated annually with the requirement to notify parents and teach each
student how to access and update the plan online, and encourage the student to access
and update the plan at least annually as the student progresses through middle and
high school.
Specifies that a practical arts course satisfies the credit requirement for a course in
career and technical education.
Consolidates credit options provided in the bill for extracurricular work-based
learning activities.
Modifies flexibility provided in the bill to hire CTE teachers by requiring full-time
CTE teachers to have a minimum of 3 years of experience and training, which may
include training through district inservice master plans.
Provides a conforming cross-reference to reflect the "Industry Scholar" diploma
designation provided in the bill.
Structurally shifts language of bill regarding parental notifications related to academic
and career planning.
CS in Education Pre-K – 12 Committee on March 14, 2023:
The committee substitute postpones from July 1 to October 15 the annual date required
pursuant to current law requiring the CareerSource FL state board to adopt the letter
grades for local workforce development boards.
The committee substitute also includes a technical amendment that removes specific
examples of requirements for state agencies to align with projections of the Labor Market
Estimating Conference but maintains general requirements for the policy alignment.
BILL: CS/CS/SB 240 Page 44
The committee substitute adds requirements to notify parents and students of career and
academic planning options and work-based learning opportunities and pathways.
Specifically, the committee substitute:
Requires a middle grade student’s personalized academic and career plan to include
information on the career and technical education graduation pathway option and
work-based learning opportunities and maintains a provision of the bill requiring the
plan to be updated at least annually.
Expands the required annual school district parental notification on high school
acceleration options to include notification to the student, information on career and
academic planning options, and the contact information of a certified school
counselor who is able to provide advice.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.