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

(1) Eligibility for registration of an apprenticeship program for Federal purposes with the Florida Department of Education is conditioned upon a program’s conformity with the provisions of Chapter 446, F.S., and Chapter 6A-23, F.A.C.

(2) Prior to registration of a program by the Department, program sponsors or employers must demonstrate reasonable assurance of employment opportunities for training purposes necessary for completion of the apprenticeship program by individual apprentices.

(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) The program sponsor must notify the Department within forty-five (45) calendar days of persons who have successfully completed apprenticeship programs, transfers, cancellations of apprenticeship agreements, and a statement of the reasons by the program sponsor.

(5) Upon approval by the Department, apprenticeship programs shall be accorded registration for federal purposes.

(6) Applications for new programs that the Department determines meet the required standards for program registration shall be given provisional approval for a period of one (1) year. The Department must review all new programs for conformity with the requirements of this rule at the end of the first year of registration. At that time:

(a) A program that conforms with the requirements of this rule –

1. May be made permanent; or

2. May continue to be provisionally approved through the first full training cycle.

(b) A program not in operation or not conforming to the regulations during the provisional approval period must request cancellation or be recommended for deregistration procedures.

(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) The Department must make a determination as to whether to approve such submissions within ninety (90) calendar days from date of receipt;

(b) If approved, the modification(s) or change(s) will be recorded and acknowledged within ninety (90) calendar days of approval as an amendment to the program; and

(c) If not approved, the sponsor must be notified of the disapproval and the reasons therefore and provide technical assistance.

(8) Under a program proposed for registration by an employer or employers’ association, where the standards, collective bargaining agreement, or other instrument, provide for participation by a union in any manner in the operation of the substantive matters of the apprenticeship program, and such participation is exercised, written acknowledgement of union agreement or “no objection” to the registration is required. Where no such participation is evidenced and practiced, the employer or employers’ association shall simultaneously furnish to the union which is the collective bargaining agent of the employees to be trained, a copy of its application for registration and of the apprenticeship program. The Department must provide for receipt of union comments in writing on official letterhead, if any, within forty-five (45) days before final action on the application for registration or approval.

(9) Where the employees to be trained have no collective bargaining agent, an apprenticeship program may be proposed for registration by an employer, or group of employers, or an employer association.

(10) An apprenticeship program may register one or more occupations simultaneously or individually with the provision that the program sponsor shall, within one (1) year of registration, be actively training apprentices on the job in each occupation for which registration is granted.

(11) Each occupation for which a program sponsor holds registration shall be subject to cancellation or deregistration proceedings if no active training of apprentices has occurred within one (1) year.

(12) Standards registered pursuant to all requirements of Title 29 C.F.R., Part 29, by any federally recognized state apprenticeship agency or council or by the Office of Apprenticeship of the U.S. Department of Labor shall be afforded approval reciprocity by the Florida Department of Education based on the following:

(a) National Program sponsors requesting and seeking reciprocal approval must register with the Department and meet the wage and hour provisions and numeric ratio of apprentices to journeyworkers as found in Rule 6A-23.004, F.A.C.

(b) National Guideline sponsors must register with the Department and meet all the requirements set forth in Chapter 446, F.S., and Chapter 6A-23, F.A.C.

Rulemaking Authority 446.032, 446.041 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.