The purpose and effect of these rules is to implement section 445.003(7)(a), Florida Statutes, which requires the Department to adopt rules for the submission, review, and approval of local workforce plans submitted by local ....

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Workforce Services

RULE NOS.:RULE TITLES:

73B-7.001Definitions

73B-7.002Plan Development

73B-7.003Plan Content Requirements

73B-7.004Plan Submission

73B-7.005Plan Review and Approval

PURPOSE AND EFFECT: The purpose and effect of these rules is to implement section 445.003(7)(a), Florida Statutes, which requires the Department to adopt rules for the submission, review, and approval of local workforce plans submitted by local workforce development boards to the Department for review and approval.

SUMMARY: These rules will provide local workforce development boards with information necessary to develop and submit their local workforce plans to the Department for its review and approval, including plan development information, plan content requirements, plan submission information, and the review and approval process.

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 newly created rule implements the statutory requirement that the Department adopts a rule for the submission, review, and approval of local workforce plans. As such, these rules do not create an economic impact on the industry and will not adversely affect economic growth, employment, or investment; business competitiveness; or regulatory and compliance costs. The Department used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the criteria in section 120.541(2)(a), F.S. Based upon this analysis, the Department has determined that the proposed rule is not expected to require legislative ratification.

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: 445.003(7), F.S.

LAW IMPLEMENTED: 445.003(7)(a), F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Linville Atkins, Florida Department of Economic Opportunity, 107 E. Madison Street, MSC 110, Tallahassee, FL 32399, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

73B-7.001 Definitions

For the purpose of this rule, the following definitions apply:

(1) “CFR” means the Code of Federal Regulations.

(2) “Chief Local Elected Official” means chief elected official as defined in WIOA section 3(9).

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

(4) “Local Area” means a designated local workforce development area as defined in WIOA section 3(32).

(5) “Local Board” means a local workforce development board as defined in WIOA section 3(33).

(6) “Local Workforce Plan” means a local plan as defined in WIOA section 3(35).

(7) “State Board” means the state workforce development board as defined section 445.002(4), Florida Statutes.

(8) “State Plan” used without further description, means the unified state plan as defined in WIOA section 3(58).

(9)“Workforce Innovation and Opportunity Act (WIOA)” means the federal legislation that contains the framework for the national employment and training strategy, Public Law 113-128, codified at Title 29 United States Code, §§3101 et seq.

Rulemaking Authority 445.003(7), FS. Law Implemented 445.003(7)(a), FS. History-New ________.

 

73B-7.002 Plan Development

(1) Each Local Board must, in partnership with the appropriate Chief Local Elected Official(s), develop and submit a comprehensive four-year Local Workforce Plan to the Department in accordance with WIOA section 108 and 20 CFR 679.550.

(2) At the end of the first two-year period of the four-year Local Workforce Plan, each Local Board, in partnership with the appropriate Chief Local Elected Official(s), must review the Local Workforce Plan, and prepare and submit modifications to the Local Workforce Plan to reflect the changes outlined in 20 CFR 679.580(b).

(3) The Local Board must adhere to the requirements set forth in 20 CFR 679.550(b) regarding the Local Board’s requirement to provide an opportunity for public comment on the development of the Local Workforce Plan, or subsequent modification, before submitting the Local Workforce Plan to the Department.

Rulemaking Authority 445.003(7), FS. Law Implemented 445.003(7)(a), FS. History-New ________.

 

73B-7.003 Plan Content Requirements

(1) The Local Workforce Plan must identify and describe the strategies, policies, procedures, operations, and local activities that are carried out in the Local Area, consistent with the State Plan.

(2) The contents of the Local Workforce Plan must align with the federal requirements prescribed by 20 CFR 679.560 and any additional information required by the State Plan, State Board, or the Department.

(3) The federal requirements for the contents of the Local Workforce Plan, and any additional information required by the State Plan, State Board, or the Department, will be outlined in local plan-related administrative policies and/or instructions issued by the Department to the Local Boards.

Rulemaking Authority 445.003(7), FS. Law Implemented 445.003(7)(a), FS. History-New ________.

 

73B-7.004 Plan Submission

The Local Board will submit the Local Workforce Plan to the Department in accordance with local plan-related administrative policies and/or instructions issued by the Department.  The administrative policies and/or instructions will include the key dates and deadlines the Local Boards must follow when submitting Local Workforce Plans to the Department.

Rulemaking Authority 445.003(7), FS. Law Implemented 445.003(7)(a), FS. History-New ________.

 

73B-7.005 Plan Review and Approval

(1) The Department will review the completed Local Workforce Plan, including plan modifications. The Local Workforce Plan will be reviewed for completeness and adherence to local plan development, content, and submission requirements.

(2) The Department will notify the Local Board in writing of any Local Workforce Plan deficiencies via email to the contact(s) identified in the Local Workforce Plan.  The Local Board will be given a deadline by which to resolve any deficiencies.

(3) The Department will recommend approval of the Local Workforce Plan to the State Board, unless the Department notifies the Local Board in writing that:

(a)  There are deficiencies in workforce investment activities that have been identified through audits, and the Local Area has not made acceptable progress in implementing plans to address the deficiencies;

(b) The Local Workforce Plan does not comply with applicable provisions of WIOA and the WIOA regulations, including the required consultations and public comment provisions, and the nondiscrimination requirements of 20 CFR Part 38; or

(c)  The Local Workforce Plan does not align with the State Plan, including with regard to the alignment of the core programs to support the strategy identified in the State Plan in accordance with WIOA section 102(b)(1)(E) and 20 CFR 676.105.

(4) The Local Workforce Plan, including plan modifications, will be considered approved upon written notice by the Department advising of State Board approval or 90 days after the Department receives the Local Workforce Plan, or plan modification, unless, in accordance with 20 CFR 679.570, the Department identifies, in writing, any unresolved deficiencies referenced in 73B-7.005(3)(a)-(c).

Rulemaking Authority 445.003(7), FS. Law Implemented 445.003(7)(a), FS. History-New ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Adrienne Johnston, Deputy Secretary of Workforce Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dane Eagle, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 6/20/2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 7/22/2022