To establish the structure for awarding grants pursuant to section 446.71, F.S., the Everglades Restoration Agricultural Employment Training Program.

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Workforce Services

RULE NO.:RULE TITLE:

73B-6.001Everglades Restoration Agricultural Community Employment Training Program

PURPOSE AND EFFECT: To establish the structure for awarding grants pursuant to section 446.71, F.S., the Everglades Restoration Agricultural Employment Training Program.

SUMMARY: The new rule establishes guidelines and procedures to implement the Everglades Restoration Agricultural Employment Training Program, which was enacted to stimulate and support training and employment programs that match participants with nonagricultural employment opportunities in areas of high agricultural unemployment, and to provide other training, educational, and information services necessary to stimulate the creation of jobs in those areas

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 agency has performed a review of the statutory requirements and determined that Rule 73B-6.001, F.A.C., has no adverse impact or regulatory costs which exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. These rules are therefore expected be able to take effect without the need of being ratified by the Legislature.

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.

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: 446.71(8), FS.

LAW IMPLEMENTED: 446.71, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: November 27, 2018; 10:00 a.m. EST

PLACE: Department of Economic Opportunity, Caldwell Building, 107 E. Madison Street, Tallahassee, Florida 32399, Conference Room 110, and by teleconference by calling: 1(888)585-9008 and entering conference room 826-196-659.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Adam Callaway, Assistant General Counsel, Department of Economic Opportunity, 107 E. Madison Street, MSC 110, Tallahassee, Florida 32399, [e-mail], [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Rule 73B-6.001 Everglades Restoration Agricultural Community Employment Training Program.

(1) Definitions. For purposes of this rule, the following definitions apply.

(a) “Applicant” means an individual that is seeking a tuition grant under the Program.

(b) “Application” means the Everglades Restoration Agricultural Community Employment and Training Program Tuition Grant Application or the Everglades Restoration Agricultural Community Employment and Training Program Employer-Based Training Grant Application and supporting documentation.

(c) “Department” means the Florida Department of Economic Opportunity.

(d) “Employer-Based Training Program” means a program that a Florida business is seeking to establish, or has already established, that provides training for in-demand, nonagricultural occupations for employees of the Florida business.

(e) “Employer-Based Training Program Grant” means funding for an Employer-Based Training Program.

(f) “In-demand Nonagricultural Occupation” means any occupation that does not fall within one of the following Standard Occupational Classification codes: 119013; 131074; 191032; 451011; 452011; 452021; 452041; 452091; 452092; 452093; 452099; 454011; 454021, or 454022.

(g) “Program” means the Everglades Restoration Agricultural Community Employment Training Program as codified in section 446.71, Florida Statutes.

(h) “Requester of Funds” means a public or private technical or vocational training institution seeking a tuition grant on behalf of an eligible applicant or an employer seeking to establish, or which has already established, an employer-based training program.

(i) “Training Program” means a certificate or other program of study provided by a public or private university, college, or technical or vocational training institution that provides training for in-demand, nonagricultural occupations.

(j) “Training Provider” means a university, college, public or private technical or vocational training institution, a private training company or private instructor, or a company employee that is qualified to provide instruction that leads to a diploma or industry-recognized certificate.

(k) “Tuition Grant” means funding for an individual to participate in a Training Program.

(2) Eligibility.

(a) To be eligible for a Tuition Grant, an Applicant must:

1. Be a citizen of the United States (U.S.) or a non-citizen whose status permits employment in the U.S.;

2. Currently reside, and have resided for at least three of the last five immediately preceding years, in Hendry or Palm Beach Counties; and

3. Enrolled with a Training Provider for an in-demand nonagricultural occupation at the time the Application is submitted to the Department.

(b) To be eligible for an Employer-Based Training Program Grant, the Employer-Based Training Program must:

1. Be conducted within the State of Florida;

2. Provide skills training or retooling in nonagricultural occupations;

3. Lead to employment in nonagricultural occupations;

4. Provide training for an in-demand nonagricultural occupation through a Training Provider; and

5. Secure matching contributions for the Employer-Based Training Program Grant amount sought.

(3) Application Process.

(a) Application Cycle.

1. Unless otherwise directed by budgetary or administrative constraints, the Department will initiate an application cycle to receive applications for the Program.  The application cycle will be open for 45 days, and may be initiated by the Department multiple times throughout any fiscal year, based on availability of funding.  Each 45-day cycle is the time period during which the Department will accept applications.  If the 45th day of the cycle falls on a weekend or state holiday, the cycle shall be extended to the next business day.

2. The Department will announce the Application Cycle by posting a notice on the Department’s website and by publishing a Notice of Funding Availability in the Florida Administrative Register.

(b) Tuition Grant Application.

1. A Requester of Funds must submit the Everglades Restoration Agricultural Employment Training Program Tuition Grant Application, Form ERACETP-01, to the Department.  Form ERACETP-01 is available at http://www.flrules.org/Gateway/reference.asp?No=XXXXX; effective date (month and year), which is hereby adopted and incorporated by reference and is also available on the Department’s website at www.floridajobs.org/xxxxxx.

2. A Training Program must apply for a Tuition Grant on the Applicant’s behalf.

3. Form ERACETP-01 and supporting documentation must be submitted to the Department by either by electronic mail to:  [e-mail] or by U.S. mail to: Department of Economic Opportunity, Everglades Restoration Agricultural Community Employment Training Program, 107 E. Madison Street, MSC G-229, Tallahassee, Florida 32399.

(c) Employer-Based Training Grant Application.

1. A Requester of Funds must submit the Everglades Restoration Agricultural Employment Training Program Employer-Based Training Grant Application, Form ERACETP-02, to the Department.  Form ERACETP-02 is available at http://www.flrules.org/Gateway/reference.asp?No=XXXXX; effective date (month and year), which is hereby adopted and incorporated by reference and is also available on the Department’s website at www.floridajobs.org/xxxxxx.

2. Form ERACETP-02 and supporting documentation must be submitted to the Department by either by electronic mail to: [e-mail] or by U.S. mail to: Department of Economic Opportunity, Everglades Restoration Agricultural Community Employment Training Program, 107 E. Madison Street, MSC G-229, Tallahassee, Florida 32399.

(d) Application Review.

1. Applicants residing, or Employer Based Training Programs, in Palm Beach or Hendry County will receive priority for funding consideration.

2. Employer Based Training Programs in Collier, Glades, Highlands, or Okeechobee Counties will receive second priority for funding consideration.

3. The Department must review each Application to determine whether it contains all required information and meets Program eligibility requirements. The Department will notify any Requester of Funds in writing if the Department determines that its Application is incomplete or additional documentation is needed.

(4) Grant Administration.

(a) Use of Funds.

1. Tuition Grants may cover the costs of completing a certificate and/or other program of study provided by a public or private technical or vocational training institution.  The certificates and programs of study must provide training for in-demand nonagricultural occupations.  Such costs include student fees, computer access fees, and other fees assessed by the Training Provider directly related to the Applicant’s ability to participate in and complete the Training Program.

2. Employer-Based Training Program Grants may only cover program costs or be used for purposes that are directly associated with the Training Program or Employer-Based Training Program.

(b) Distribution of Funds. Any award of funds under the Program is conditioned upon their appropriation, availability, and upon execution of an agreement with the Department pursuant to section 446.71(5), Florida Statutes.

1. The Department may award a Tuition Grant for up to 100 percent of the tuition amount requested in the Application.  However, a Tuition Grant may not be issued for expenses covered by federal or state financial aid or other grant or scholarship funding. 

2. The Department may award an Employer-Based Training Program located in Baker, Bradford, Calhoun, Collier, Columbia, Desoto, Dixie, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Highlands, Holmes, Jackson, Jefferson, Lafayette, Levy, Liberty, Madison, Okeechobee, Palm Beach, Putnam, Suwannee, Taylor, Union, Wakulla, Walton, or Washington counties an Employer-Based Training Program Grant of up to 100 percent of the Employer-Based Training Programs’ total costs. Eligible Employer-Based Training Programs not located in one of the counties listed above may be awarded an Employer-Based Training Program Grant up to 50 percent of the Employer-Based Training Programs’ total costs.

Rulemaking Authority 446.71(8) FS. Law Implemented 446.71 FS. History-New                  .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Adam Callaway

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Cissy Proctor

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 10/4/18

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 10/31/18