To align the rule with s. 446.071, F.S. and to make other minor edits, including but not limited to amending the definition for ‘apprentice’ and ‘sponsor’.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-23.002Definitions

PURPOSE AND EFFECT: To align the rule with s. 446.071, F.S. and to make other minor edits, including but not limited to amending the definition for ‘apprentice’ and ‘sponsor’.

SUMMARY: The rule provides definitions that apply to several rules related to apprenticeship. Amendments will align with current law and federal regulation.

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 changes are technical correction to the rule and updates to the definitions to align with current law. The requirement to pay apprentices is not new and is a requirement in federal regulations. The proposed rule is not expected to have any adverse impact on economic growth, business competitiveness or other factors in s.120.541(2)(a), F.S., and will not require legislative ratification. No increase in regulatory costs are expected.

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, 446.041(13), 1001.02(1), (2)(n), F.S.

LAW IMPLEMENTED: 446.021, 446.032, F.S.

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

DATE AND TIME: January 17, 2024, 9:00 a.m.

PLACE: Tallahassee Community College, Student Union Ballroom, 444 Appleyard Drive, Tallahassee, FL 32304.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kathryn Wheeler, [e-mail] or [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 this rule:

(1) No change.

(2) “Apprentice” means a person at least sixteen (16) years of age and who has entered into an apprenticeship agreement with a registered apprenticeship program sponsor and who is engaged in learning an apprenticeable occupation through actual work experience under the supervision of journeyworkers. The apprentice must be a paid employee of the sponsor or participating employer.

(3) through (5) No change.

(6) “Apprenticeship and Training Representative” means an individual representative of the Department properly authorized to act on behalf of the Department in matters concerning registered apprenticeship and preapprenticeship.

(7) through (13) No change.

(14) “Established Journeyworker Hourly Rate” means the average of the hourly rates paid to journeyworkers within the same apprenticeable apprenticable occupation by participating employers in an apprenticeship program.

(15) through (17) No change. 

(18) “On-the-Job Training” (OJT) means the process by which an apprentice or pre-apprentice acquires knowledge and skills under the supervision and tutelage of an experienced journeyworker within an apprenticeable apprenticable occupation registered with the Department. On-the-Job Training is the monitoring and training responsibility of the sponsor or participating employer.

(19) through (25) No change.

(26) “Sponsor” means any committee, group of employers, employer, group of employees, educational institution, local workforce board, community or faith-based organization, association, or any combination thereof person, association, committee, or organization operating an apprenticeship program and in whose name the program is registered or approved.

(27) through (32) No change.

Rulemaking Authority 446.041(13) 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,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kathryn Wheeler, Division of Career, Technical, and Adult Education.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 12, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 21, 2023