6A-23.0002: This proposed change updates the definition for the apprenticeship agreement and for journeyworker. The definition of ‘journeyworker’ is being updated per statutory changes to s. 446.021, F.S. due to HB 917 (2024). ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NOS.:RULE TITLES:

6A-23.002Definitions

6A-23.003Eligibility and Procedure for Apprenticeship Program Registration

6A-23.004Standards of Apprenticeship

6A-23.009Reinstatement of Program Registration

PURPOSE AND EFFECT: 6A-23.0002: This proposed change updates the definition for the apprenticeship agreement and for journeyworker. The definition of ‘journeyworker’ is being updated per statutory changes to s. 446.021, F.S. due to HB 917 (2024). 6A-23.003: The proposed change includes updated language regarding the types of program sponsors permitted, per s. 446.071, F.S., which was updated in the 2023 legislative session due to SB 240 (2023). 6A-23.004: The proposed change will update the required ratio for construction occupations and outline the process for setting ratios for non-construction occupations. 6A-23.009: The proposed change updates the contact information for the Department.

SUMMARY: Job Training.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The rule is not expected to have any adverse impact on economic growth or business competitiveness, increase regulatory costs, or any other factor set forth in s. 120.541(2), F.S. and will not require legislative ratification. This is based on the nature of the rule.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 446.032(1), 446.041(13), 1001.02(1), (2)(n), F.S.

LAW IMPLEMENTED: 446.021, 446.032, 446.041, 446.051, 446.052, 446.071, 446.075, 446.092, F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: November 20, 2024, 10:00 a.m.

PLACE: Caribe Royale Orlando, 8101 World Center Drive, Caribbean 1 and 2, Orlando, FL 32821.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ashley Yopp, Associate Vice Chancellor, Division of Career and Adult Education, [e-mail], 325 east Gaines Street, Tallahassee, FL 32399, Office: [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-23.002 Definitions.

As used in Rules 6A-23.002, 6A-23.003, 6A-23.004, 6A-23.005, 6A-23.006, 6A-23.008, 6A-23.009, 6A-23.010 and 6A-23.011:

(1) through (2) No change.

(3) “Apprenticeship Agreement” means a written agreement between an apprentice and a participating employer or an apprenticeship committee acting as agent for the participating employer, which contains the terms and conditions of the employment and training of the apprentice. Requirements for the Apprenticeship Agreement are outlined in Rule 6A-23.005, F.A.C.

(4) through (16) No change.

(17) “Journeyworker” means a person working in an apprenticeable occupation who has successfully completed a registered and state-approved apprenticeship program or who has worked the number of years required by established industry practices for the occupation and, if required for the specific industry, has passed the appropriate state-approved industry test. Use of the term may also refer to a mentor, technician, specialist, or other skilled worker who has documented sufficient skills and knowledge of an occupation through practical on-the-job experience and formal training.

(18) through (32) No change.

Rulemaking Authority 446.032(1), 446.041(13 ,1001.01(1),(2)(n) FS. Law Implemented 446.021 FS. History–New 6-9-81, Formerly 38C-16.02, Amended 5-29-90, Formerly 38C-16.002, Amended 9-4-97, Formerly 38H-16.002, Amended 3-29-11, 6-25-19, 2-20-24,

 

6A-23.003 Eligibility and Procedure for Apprenticeship Program Registration.

(1) through (2) No change.

(3) Apprentices must be individually registered under a registered program. The program sponsor or employer must, within forty-five (45) calendar days of selection or hire, file original documentation of the Apprenticeship Agreement with the Department’s Apprenticeship and Training Representative for approval. The apprenticeship start date shall be the date OJT or related technical instruction begins, whichever comes first, in the apprenticeable occupation for which the apprentice is being trained.  Nothing herein shall invalidate or cause to invalidate any provision in a collective bargaining agreement between employers and employees.

(4) through (6) No change.

(7) Any recommended modification(s) or change(s) to registered standards shall be submitted to the Department through the Apprenticeship and Training Representative. In addition:

(a) through (c) No change.

(8) No change.

(9) Where the employees to be trained have no collective bargaining agent, an apprenticeship program may be proposed for registration by a committee, group of employers, employer, educational institution, local workforce board, community or faith-based organization, association, or any combination thereof. an employer, or group of employers, or an employer association.

(10) through (12) No change.

Rulemaking Authority 446.032(1), 446.041(13), 1001.02(1),(2)(n) FS. Law Implemented 446.032, 446.041, 446.051, 446.052, 446.071, 446.075, 446.092 FS. History–New 6-9-81, Formerly 38C-16.03, Amended 5-29-90, Formerly 38C-16.003, Formerly 38H-16.003, Amended 3-29-11, 6-25-19,

 

6A-23.004 Standards of Apprenticeship.

An apprenticeship program, to be eligible for approval and registration by the Department, must conform to the following Standards of Apprenticeship:

(1) No change.

(2) The program standards must contain provisions that address:

(a) through (c) No change.

(d) Provision for organized related technical instruction for the apprenticeable apprenticable occupation. A minimum of 144 hours for each year of apprenticeship is recommended. This instruction in technical subjects may be accomplished through media such as classroom, occupational or industry courses, electronic media, or other instruction approved by the Department.

(e) Wage Provisions –

1. A progressively increasing schedule of wage rates is to be paid to the apprentice, consistent with the skill acquired, which shall be expressed in percentages of the established journeyworker hourly or annual rate. The rates represent the minimum for each incremental period of apprenticeship. The established journeyworker hourly rate among all participating employers in the same apprenticeable occupation shall be stated in dollars and cents.

2. The entry apprentice wage rate shall be no less than thirty-five (35) percent of the established journeyworker hourly rate. However, in no event shall the apprentice wage rate be less than the minimum wage prescribed by the Fair Labor Standards Act, collective bargaining agreements, or by Florida Statutes, whichever is higher.

3. No apprentice shall receive a an hourly wage less than the percentage for the incremental period in which the apprentice is serving.

4. The established journeyworker hourly wage rate shall be reviewed annually and amended when determined by program sponsor or as per the collective bargaining agreement.

5. The minimum hourly apprentice wage rate paid during the last incremental period of apprenticeship shall be not less than 75 percent of the established journeyworker wage rate.

6. No change.

(f) No change.

(g) A numeric ratio of apprentices to journeyworkers consistent with proper supervision, training, safety, and continuity of employment and provisions in collective bargaining agreements, except where such ratios are expressly prohibited by the collective bargaining agreements. It shall be the responsibility of the apprenticeship committee or sponsor to ensure that the allowable ratio of apprentices to journeyworkers is consistently maintained in the program as a whole, by each participating employer, and on the job site as follows:

1. For construction occupations, a maximum of one (1) apprentice to not less than one (1) journeyworker must be adhered to. -related programs and participating employers in each apprenticeable occupation, an initial ratio of one (1) apprentice to one (1) journeyworker must be adhered to. Subsequent ratios are two (2) apprentices to three (3) journeyworkers.

2. For non-construction occupations, a ratio of one (1) apprentice to one (1) journeyworker must be adhered to, unless a variance is requested by the sponsor and approved by the Department. Requests must demonstrate that the sponsor can maintain the safety of apprentices and journeyworkers under the expanded ratio. related programs and participating employers in each apprenticeable occupation, a variance may be requested which is subject to approval by the Department.

(h) through (m) No change.

(n) Assurance of qualified training personnel and adequate supervision on the job. Every apprenticeship instructor must:

1. No change.

2. Have training in teaching techniques and adult learning styles, which must occur before or after the apprenticeship instructor has started to provide the related technical instruction.

(o) through (w) No cahnge.

(x) The sponsor must outline in the standards of apprenticeship a funding formula for the contribution of each participating employer for the successful operation and sustainability of the program. A funding formula providing for the equitable participation of each participating employer in funding of the program.

(y) No change.

Rulemaking Authority 446.032(1), 446.041(13), 1001.02(1), (2)(n) FS. Law Implemented 446.041, 446.075 FS. History–New 6-9-81, Amended 7-10-83, Formerly 38C-16.04, Amended 5-29-90, Formerly 38C-16.004, 38H-16.004, Amended 3-29-11, 6-25-19,

 

6A-23.009 Reinstatement of Program Registration.

Any apprenticeship program deregistered pursuant to Chapter 6A-23, F.A.C., may be reinstated upon presentation of evidence that the apprenticeship program will operate in accordance with Chapter 6A-23, F.A.C. Such evidence shall be presented to the Department through the Director of Apprenticeship at: Apprenticeship Programs, Division of Career and Adult Education, Department of Education, 325 West Gaines Street, Room 754, Tallahassee, Florida, 32399.

Rulemaking Authority 446.032(1), 446.041(13), 1001.02(1), (2)(n) FS. Law Implemented 446.041(2), (3) FS. History–New 6-9-81, Formerly 38C-16.09, 38C-16.009, 38H-16.009, Amended 3-29-11, 6-25-19,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ashley Yopp, Associate Vice Chancellor, Division of Career and Adult Education

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 22, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 26, 2024