ENROLLED
2010 Legislature CS for SB 1306, 1st Engrossed
20101306er
1
2 An act relating to public assistance; amending ss.
3 97.021, 163.2523, 163.456, 220.187, 288.9618, 341.041,
4 379.353, 402.33, 409.2554, 409.2576, 409.903, 409.942,
5 411.0101, 414.0252, 414.065, 414.0655, 414.075,
6 414.085, 414.095, 414.14, 414.16, 414.17, 414.175,
7 414.31, 414.32, 414.33, 414.34, 414.35, 414.36,
8 414.39, 414.41, 414.45, 420.624, 430.2053, 445.004,
9 445.009, 445.024, 445.026, 445.048, 718.115, 817.568,
10 921.0022, and 943.401, F.S.; revising terminology
11 relating to the food stamp program and the WAGES
12 Program to conform to current federal law; providing
13 an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (29) of section 97.021, Florida
18 Statutes, is amended to read:
19 97.021 Definitions.—For the purposes of this code, except
20 where the context clearly indicates otherwise, the term:
21 (29) “Public assistance” means assistance provided through
22 the food assistance stamp program under the federal Supplemental
23 Nutrition Assistance Program; the Medicaid program; the Special
24 Supplemental Food Program for Women, Infants, and Children; and
25 the Temporary Cash Assistance WAGES Program.
26 Section 2. Section 163.2523, Florida Statutes, is amended
27 to read:
28 163.2523 Grant program.—An Urban Infill and Redevelopment
29 Assistance Grant Program is created for local governments. A
30 local government may allocate grant money to special districts,
31 including community redevelopment agencies, and nonprofit
32 community development organizations to implement projects
33 consistent with an adopted urban infill and redevelopment plan
34 or plan employed in lieu thereof. Thirty percent of the general
35 revenue appropriated for this program shall be available for
36 planning grants to be used by local governments for the
37 development of an urban infill and redevelopment plan, including
38 community participation processes for the plan. Sixty percent of
39 the general revenue appropriated for this program shall be
40 available for fifty/fifty matching grants for implementing urban
41 infill and redevelopment projects that further the objectives
42 set forth in the local government’s adopted urban infill and
43 redevelopment plan or plan employed in lieu thereof. The
44 remaining 10 percent of the revenue must be used for outright
45 grants for implementing projects requiring an expenditure of
46 under $50,000. If the volume of fundable applications under any
47 of the allocations specified in this section does not fully
48 obligate the amount of the allocation, the Department of
49 Community Affairs may transfer the unused balance to the
50 category having the highest dollar value of applications
51 eligible but unfunded. However, in no event may the percentage
52 of dollars allocated to outright grants for implementing
53 projects exceed 20 percent in any given fiscal year. Projects
54 that provide employment opportunities to clients of the
55 Temporary Cash Assistance WAGES program and projects within
56 urban infill and redevelopment areas that include a community
57 redevelopment area, Florida Main Street program, Front Porch
58 Florida Community, sustainable community, enterprise zone,
59 federal enterprise zone, enterprise community, or neighborhood
60 improvement district must be given an elevated priority in the
61 scoring of competing grant applications. The Division of Housing
62 and Community Development of the Department of Community Affairs
63 shall administer the grant program. The Department of Community
64 Affairs shall adopt rules establishing grant review criteria
65 consistent with this section.
66 Section 3. Paragraph (c) of subsection (1) of section
67 163.456, Florida Statutes, is amended to read:
68 163.456 Legislative findings and intent.—
69 (1) The Legislature finds that:
70 (c) The available means of eliminating or reducing these
71 deteriorating economic conditions and encouraging local resident
72 participation and support is to provide support assistance and
73 resource investment to community-based development
74 organizations. The Legislature also finds that community-based
75 development organizations can contribute to the creation of jobs
76 in response to federal welfare reform and state Temporary Cash
77 Assistance WAGES Program legislation, and economic development
78 activities related to urban and rural economic initiatives.
79 Section 4. Paragraph (b) of subsection (2) of section
80 220.187, Florida Statutes, is amended to read:
81 220.187 Credits for contributions to nonprofit scholarship
82 funding organizations.—
83 (2) DEFINITIONS.—As used in this section, the term:
84 (b) “Direct certification list” means the certified list of
85 children who qualify for the food assistance Stamp program, the
86 Temporary Assistance to Needy Families Program, or the Food
87 Distribution Program on Indian Reservations provided to the
88 Department of Education by the Department of Children and Family
89 Services.
90 Section 5. Paragraph (h) of subsection (1) of section
91 288.9618, Florida Statutes, is amended to read:
92 288.9618 Microenterprises.—
93 (1) Subject to specific appropriations in the General
94 Appropriations Act, the Office of Tourism, Trade, and Economic
95 Development may contract with some appropriate not-for-profit or
96 governmental organization for any action that the office deems
97 necessary to foster the development of microenterprises in the
98 state. As used within this section, microenterprises are
99 extremely small business enterprises which enable low and
100 moderate income individuals to achieve self-sufficiency through
101 self-employment. Microenterprise programs are those which
102 provide at least one of the following: small amounts of capital,
103 business training, and technical assistance. Where feasible, the
104 office or organizations under contract with the office shall
105 work in cooperation with other organizations active in the study
106 and support of microenterprises. Such actions may include, but
107 are not limited to:
108 (h) Coordinating with other organizations to ensure that
109 participants in the Temporary Cash Assistance WAGES Program are
110 given opportunities to create microenterprises.
111 Section 6. Subsection (14) of section 341.041, Florida
112 Statutes, is amended to read:
113 341.041 Transit responsibilities of the department.—The
114 department shall, within the resources provided pursuant to
115 chapter 216:
116 (14) Assist local governmental entities and other transit
117 operators in the planning, development, and coordination of
118 transit services for Temporary Cash Assistance WAGES Program
119 participants as defined in s. 414.0252.
120 Section 7. Paragraph (h) of subsection (2) of section
121 379.353, Florida Statutes, is amended to read:
122 379.353 Recreational licenses and permits; exemptions from
123 fees and requirements.—
124 (2) A hunting, freshwater fishing, or saltwater fishing
125 license or permit is not required for:
126 (h) Any resident saltwater fishing from land or from a
127 structure fixed to the land who has been determined eligible by
128 the Department of Children and Family Services for the food
129 assistance stamp program, temporary cash assistance, or the
130 Medicaid programs. A benefit issuance or program identification
131 card issued by the Department of Children and Family Services or
132 the Florida Medicaid program of the Agency for Health Care
133 Administration shall serve as proof of program eligibility. The
134 client must have in his or her possession the ID card and
135 positive proof of identification when fishing.
136 Section 8. Paragraph (g) of subsection (1) of section
137 402.33, Florida Statutes, is amended to read:
138 402.33 Department authority to charge fees for services
139 provided.—
140 (1) As used in this section, the term:
141 (g) “State and federal aid” means cash assistance or cash
142 equivalent benefits based on an individual’s proof of financial
143 need, including, but not limited to, temporary cash assistance
144 and food assistance stamps.
145 Section 9. Subsection (8) of section 409.2554, Florida
146 Statutes, is amended to read:
147 409.2554 Definitions; ss. 409.2551-409.2598.—As used in ss.
148 409.2551-409.2598, the term:
149 (8) “Public assistance” means money assistance paid on the
150 basis of Title IV-E and Title XIX of the Social Security Act,
151 temporary cash assistance, or food assistance benefits stamps
152 received on behalf of a child under 18 years of age who has an
153 absent parent.
154 Section 10. Paragraph (a) of subsection (9) of section
155 409.2576, Florida Statutes, is amended to read:
156 409.2576 State Directory of New Hires.—
157 (9) DISCLOSURE OF INFORMATION.—
158 (a) New hire information shall be disclosed to the state
159 agency administering the following programs for the purposes of
160 determining eligibility under those programs:
161 1. Any state program funded under part A of Title IV of the
162 Social Security Act;
163 2. The Medicaid program under Title XIX of the Social
164 Security Act;
165 3. The unemployment compensation program under s. 3304 of
166 the Internal Revenue Code of 1954;
167 4. The food assistance stamp program under the Food and
168 Nutrition Act of 2008 Food Stamp Act of 1977; and
169 5. Any state program under a plan approved under Title I
170 (Old-Age Assistance for the Aged), Title X (Aid to the Blind),
171 Title XIV (Aid to the Permanently and Totally Disabled), or
172 Title XVI (Aid to the Aged, Blind, or Disabled; Supplemental
173 Security Income for the Aged, Blind, and Disabled) of the Social
174 Security Act.
175 Section 11. Subsection (3) of section 409.903, Florida
176 Statutes, is amended to read:
177 409.903 Mandatory payments for eligible persons.—The agency
178 shall make payments for medical assistance and related services
179 on behalf of the following persons who the department, or the
180 Social Security Administration by contract with the Department
181 of Children and Family Services, determines to be eligible,
182 subject to the income, assets, and categorical eligibility tests
183 set forth in federal and state law. Payment on behalf of these
184 Medicaid eligible persons is subject to the availability of
185 moneys and any limitations established by the General
186 Appropriations Act or chapter 216.
187 (3) A child under age 21 living in a low-income, two-parent
188 family, and a child under age 7 living with a nonrelative, if
189 the income and assets of the family or child, as applicable, do
190 not exceed the resource limits under the Temporary Cash
191 Assistance WAGES Program.
192 Section 12. Subsection (1) of section 409.942, Florida
193 Statutes, is amended to read:
194 409.942 Electronic benefit transfer program.—
195 (1) The Department of Children and Family Services shall
196 establish an electronic benefit transfer program for the
197 dissemination of food assistance stamp benefits and temporary
198 cash assistance payments, including refugee cash assistance
199 payments, asylum applicant payments, and child support disregard
200 payments. If the Federal Government does not enact legislation
201 or regulations providing for dissemination of supplemental
202 security income by electronic benefit transfer, the state may
203 include supplemental security income in the electronic benefit
204 transfer program.
205 Section 13. Subsection (1) of section 411.0101, Florida
206 Statutes, is amended to read:
207 411.0101 Child care and early childhood resource and
208 referral.—The Agency for Workforce Innovation shall establish a
209 statewide child care resource and referral network. Preference
210 shall be given to using the already established early learning
211 coalitions as the child care resource and referral agency. If an
212 early learning coalition cannot comply with the requirements to
213 offer the resource information component or does not want to
214 offer that service, the early learning coalition shall select
215 the resource information agency based upon a request for
216 proposal pursuant to s. 411.01(5)(e)1. At least one child care
217 resource and referral agency must be established in each early
218 learning coalition’s county or multicounty region. Child care
219 resource and referral agencies shall provide the following
220 services:
221 (1) Identification of existing public and private child
222 care and early childhood education services, including child
223 care services by public and private employers, and the
224 development of a resource file of those services. These services
225 may include family day care, public and private child care
226 programs, head start, prekindergarten early intervention
227 programs, special education programs for prekindergarten
228 handicapped children, services for children with developmental
229 disabilities, full-time and part-time programs, before-school
230 and after-school programs, vacation care programs, parent
231 education, the Temporary Cash Assistance WAGES Program, and
232 related family support services. The resource file shall
233 include, but not be limited to:
234 (a) Type of program.
235 (b) Hours of service.
236 (c) Ages of children served.
237 (d) Number of children served.
238 (e) Significant program information.
239 (f) Fees and eligibility for services.
240 (g) Availability of transportation.
241 Section 14. Subsection (10) of section 414.0252, Florida
242 Statutes, is amended to read:
243 414.0252 Definitions.—As used in ss. 414.025-414.55, the
244 term:
245 (10) “Public assistance” means benefits paid on the basis
246 of the temporary cash assistance, food assistance stamp,
247 Medicaid, or optional state supplementation program.
248 Section 15. Subsections (1), (2), and (3) of section
249 414.065, Florida Statutes, are amended to read:
250 414.065 Noncompliance with work requirements.—
251 (1) PENALTIES FOR NONPARTICIPATION IN WORK REQUIREMENTS AND
252 FAILURE TO COMPLY WITH ALTERNATIVE REQUIREMENT PLANS.—The
253 department shall establish procedures for administering
254 penalties for nonparticipation in work requirements and failure
255 to comply with the alternative requirement plan. If an
256 individual in a family receiving temporary cash assistance fails
257 to engage in work activities required in accordance with s.
258 445.024, the following penalties shall apply. Prior to the
259 imposition of a sanction, the participant shall be notified
260 orally or in writing that the participant is subject to sanction
261 and that action will be taken to impose the sanction unless the
262 participant complies with the work activity requirements. The
263 participant shall be counseled as to the consequences of
264 noncompliance and, if appropriate, shall be referred for
265 services that could assist the participant to fully comply with
266 program requirements. If the participant has good cause for
267 noncompliance or demonstrates satisfactory compliance, the
268 sanction shall not be imposed. If the participant has
269 subsequently obtained employment, the participant shall be
270 counseled regarding the transitional benefits that may be
271 available and provided information about how to access such
272 benefits. The department shall administer sanctions related to
273 food assistance stamps consistent with federal regulations.
274 (a)1. First noncompliance: temporary cash assistance shall
275 be terminated for the family for a minimum of 10 days or until
276 the individual who failed to comply does so.
277 2. Second noncompliance: temporary cash assistance shall be
278 terminated for the family for 1 month or until the individual
279 who failed to comply does so, whichever is later. Upon meeting
280 this requirement, temporary cash assistance shall be reinstated
281 to the date of compliance or the first day of the month
282 following the penalty period, whichever is later.
283 3. Third noncompliance: temporary cash assistance shall be
284 terminated for the family for 3 months or until the individual
285 who failed to comply does so, whichever is later. The individual
286 shall be required to comply with the required work activity upon
287 completion of the 3-month penalty period, before reinstatement
288 of temporary cash assistance. Upon meeting this requirement,
289 temporary cash assistance shall be reinstated to the date of
290 compliance or the first day of the month following the penalty
291 period, whichever is later.
292 (b) If a participant receiving temporary cash assistance
293 who is otherwise exempted from noncompliance penalties fails to
294 comply with the alternative requirement plan required in
295 accordance with this section, the penalties provided in
296 paragraph (a) shall apply.
297
298 If a participant fully complies with work activity requirements
299 for at least 6 months, the participant shall be reinstated as
300 being in full compliance with program requirements for purpose
301 of sanctions imposed under this section.
302 (2) CONTINUATION OF TEMPORARY CASH ASSISTANCE FOR CHILDREN;
303 PROTECTIVE PAYEES.—
304 (a) Upon the second or third occurrence of noncompliance,
305 temporary cash assistance and food assistance stamps for the
306 child or children in a family who are under age 16 may be
307 continued. Any such payments must be made through a protective
308 payee or, in the case of food assistance stamps, through an
309 authorized representative. Under no circumstances shall
310 temporary cash assistance or food assistance stamps be paid to
311 an individual who has failed to comply with program
312 requirements.
313 (b) Protective payees shall be designated by the department
314 and may include:
315 1. A relative or other individual who is interested in or
316 concerned with the welfare of the child or children and agrees
317 in writing to utilize the assistance in the best interest of the
318 child or children.
319 2. A member of the community affiliated with a religious,
320 community, neighborhood, or charitable organization who agrees
321 in writing to utilize the assistance in the best interest of the
322 child or children.
323 3. A volunteer or member of an organization who agrees in
324 writing to fulfill the role of protective payee and to utilize
325 the assistance in the best interest of the child or children.
326 (c) The protective payee designated by the department shall
327 be the authorized representative for purposes of receiving food
328 assistance stamps on behalf of a child or children under age 16.
329 The authorized representative must agree in writing to use the
330 food assistance stamps in the best interest of the child or
331 children.
332 (d) If it is in the best interest of the child or children,
333 as determined by the department, for the staff member of a
334 private agency, a public agency, the department, or any other
335 appropriate organization to serve as a protective payee or
336 authorized representative, such designation may be made, except
337 that a protective payee or authorized representative must not be
338 any individual involved in determining eligibility for temporary
339 cash assistance or food assistance stamps for the family, staff
340 handling any fiscal processes related to issuance of temporary
341 cash assistance or food assistance stamps, or landlords,
342 grocers, or vendors of goods, services, or items dealing
343 directly with the participant.
344 (e) The department may pay incidental expenses or travel
345 expenses for costs directly related to performance of the duties
346 of a protective payee as necessary to implement the provisions
347 of this subsection.
348 (3) PROPORTIONAL REDUCTION OF TEMPORARY CASH ASSISTANCE
349 RELATED TO PAY AFTER PERFORMANCE.—Notwithstanding the provisions
350 of subsection (1), if an individual is receiving temporary cash
351 assistance under a pay-after-performance arrangement and the
352 individual participates, but fails to meet the full
353 participation requirement, then the temporary cash assistance
354 received shall be reduced and shall be proportional to the
355 actual participation. Food assistance stamps may be included in
356 a pay-after-performance arrangement if permitted under federal
357 law.
358 Section 16. Subsection (1) of section 414.0655, Florida
359 Statutes, is amended to read:
360 414.0655 Medical incapacity due to substance abuse or
361 mental health impairment.—
362 (1) Notwithstanding the provisions of s. 414.065 to the
363 contrary, any participant who requires out-of-home residential
364 treatment for alcoholism, drug addiction, alcohol abuse, or a
365 mental health disorder, as certified by a physician licensed
366 under chapter 458 or chapter 459, shall be exempted from work
367 activities while participating in treatment. The participant
368 shall be required to comply with the course of treatment
369 necessary for the individual to resume work activity
370 participation. The treatment agency shall be required to notify
371 the department with an initial estimate of when the participant
372 will have completed the course of treatment and be ready to
373 resume full participation in the Temporary Cash Assistance WAGES
374 Program. If the treatment will take longer than 60 days, the
375 treatment agency shall provide to the department the conditions
376 justifying extended treatment, and the department and the
377 treatment agency shall negotiate a continued stay in treatment
378 not to exceed an additional 90 days.
379 Section 17. Section 414.075, Florida Statutes, is amended
380 to read:
381 414.075 Resource eligibility standards.—For purposes of
382 program simplification and effective program management, certain
383 resource definitions, as outlined in the food assistance stamp
384 regulations at 7 C.F.R. s. 273.8, shall be applied to the
385 Temporary Cash Assistance WAGES Program as determined by the
386 department to be consistent with federal law regarding temporary
387 cash assistance and Medicaid for needy families, except that:
388 (1) The maximum allowable resources, including liquid and
389 nonliquid resources, of all members of the family may not exceed
390 $2,000.
391 (2) In determining the resources of a family, the following
392 shall be excluded:
393 (a) Licensed vehicles needed for individuals subject to the
394 work participation requirement, not to exceed a combined value
395 of $8,500, and needed for training, employment, or education
396 purposes. For any family without an individual subject to the
397 work participation requirement, one vehicle valued at not more
398 than $8,500 shall be excluded. Any vehicle that is necessary to
399 transport a physically disabled family member shall be excluded.
400 A vehicle shall be considered necessary for the transportation
401 of a physically disabled family member if the vehicle is
402 specially equipped to meet the specific needs of the disabled
403 person or if the vehicle is a special type of vehicle and makes
404 it possible to transport the disabled person.
405 (b) Funds paid to a homeless shelter which are being held
406 for the family to enable the family to pay deposits or other
407 costs associated with moving to a new shelter arrangement.
408 (3) A vacation home that annually produces income
409 consistent with its fair market value, and that is excluded as a
410 resource in determining eligibility for food assistance stamps
411 under federal regulations, may not be excluded as a resource in
412 determining a family’s eligibility for temporary cash
413 assistance.
414 (4) An individual and the assistance group in which the
415 individual is a current member will be ineligible for a period
416 of 2 years from the original date of a transfer of an asset made
417 for the purpose of qualifying for or maintaining eligibility for
418 temporary cash assistance.
419 Section 18. Subsection (1) of section 414.085, Florida
420 Statutes, is amended to read:
421 414.085 Income eligibility standards.—
422 (1) For purposes of program simplification and effective
423 program management, certain income definitions, as outlined in
424 the food assistance stamp regulations at 7 C.F.R. s. 273.9,
425 shall be applied to the temporary cash assistance program as
426 determined by the department to be consistent with federal law
427 regarding temporary cash assistance and Medicaid for needy
428 families, except as to the following:
429 (a) Participation in the temporary cash assistance program
430 shall be limited to those families whose gross family income is
431 equal to or less than 185 percent of the federal poverty level
432 established in s. 673(2) of the Community Services Block Grant
433 Act, 42 U.S.C. s. 9901(2).
434 (b) Income security payments, including payments funded
435 under part B of Title IV of the Social Security Act, as amended;
436 supplemental security income under Title XVI of the Social
437 Security Act, as amended; or other income security payments as
438 defined by federal law shall be excluded as income unless
439 required to be included by federal law.
440 (c) The first $50 of child support paid to a parent
441 receiving temporary cash assistance may not be disregarded in
442 calculating the amount of temporary cash assistance for the
443 family, unless such exclusion is required by federal law.
444 (d) An incentive payment to a participant authorized by a
445 regional workforce board shall not be considered income.
446 Section 19. Subsections (1), (9), and (14) of section
447 414.095, Florida Statutes, are amended to read:
448 414.095 Determining eligibility for temporary cash
449 assistance.—
450 (1) ELIGIBILITY.—An applicant must meet eligibility
451 requirements of this section before receiving services or
452 temporary cash assistance under this chapter, except that an
453 applicant shall be required to register for work and engage in
454 work activities in accordance with s. 445.024, as designated by
455 the regional workforce board, and may receive support services
456 or child care assistance in conjunction with such requirement.
457 The department shall make a determination of eligibility based
458 on the criteria listed in this chapter. The department shall
459 monitor continued eligibility for temporary cash assistance
460 through periodic reviews consistent with the food assistance
461 stamp eligibility process. Benefits shall not be denied to an
462 individual solely based on a felony drug conviction, unless the
463 conviction is for trafficking pursuant to s. 893.135. To be
464 eligible under this section, an individual convicted of a drug
465 felony must be satisfactorily meeting the requirements of the
466 temporary cash assistance program, including all substance abuse
467 treatment requirements. Within the limits specified in this
468 chapter, the state opts out of the provision of Pub. L. No. 104
469 193, s. 115, that eliminates eligibility for temporary cash
470 assistance and food assistance stamps for any individual
471 convicted of a controlled substance felony.
472 (9) OPPORTUNITIES AND OBLIGATIONS.—An applicant for
473 temporary cash assistance has the following opportunities and
474 obligations:
475 (a) To participate in establishing eligibility by providing
476 facts with respect to circumstances that affect eligibility and
477 by obtaining, or authorizing the department to obtain, documents
478 or information from others in order to establish eligibility.
479 (b) To have eligibility determined without discrimination
480 based on race, color, sex, age, marital status, handicap,
481 religion, national origin, or political beliefs.
482 (c) To be advised of any reduction or termination of
483 temporary cash assistance or food assistance stamps.
484 (d) To provide correct and complete information about the
485 family’s circumstances that relate to eligibility, at the time
486 of application and at subsequent intervals.
487 (e) To keep the department informed of any changes that
488 could affect eligibility.
489 (f) To use temporary cash assistance and food assistance
490 stamps for the purpose for which the assistance is intended.
491 (g) To receive information regarding services available
492 from certified domestic violence centers or organizations that
493 provide counseling and supportive services to individuals who
494 are past or present victims of domestic violence or who are at
495 risk of domestic violence and, upon request, to be referred to
496 such organizations in a manner which protects the individual’s
497 confidentiality.
498 (14) PROHIBITIONS AND RESTRICTIONS.—
499 (a) A family without a minor child living in the home is
500 not eligible to receive temporary cash assistance or services
501 under this chapter. However, a pregnant woman is eligible for
502 temporary cash assistance in the ninth month of pregnancy if all
503 eligibility requirements are otherwise satisfied.
504 (b) Temporary cash assistance, without shelter expense, may
505 be available for a teen parent who is a minor child and for the
506 child. Temporary cash assistance may not be paid directly to the
507 teen parent but must be paid, on behalf of the teen parent and
508 child, to an alternative payee who is designated by the
509 department. The alternative payee may not use the temporary cash
510 assistance for any purpose other than paying for food, clothing,
511 shelter, and medical care for the teen parent and child and for
512 other necessities required to enable the teen parent to attend
513 school or a training program. In order for the child of the teen
514 parent and the teen parent to be eligible for temporary cash
515 assistance, the teen parent must:
516 1. Attend school or an approved alternative training
517 program, unless the child is less than 12 weeks of age or the
518 teen parent has completed high school; and
519 2. Reside with a parent, legal guardian, or other adult
520 caretaker relative. The income and resources of the parent shall
521 be included in calculating the temporary cash assistance
522 available to the teen parent since the parent is responsible for
523 providing support and care for the child living in the home.
524 3. Attend parenting and family classes that provide a
525 curriculum specified by the department or the Department of
526 Health, as available.
527 (c) The teen parent is not required to live with a parent,
528 legal guardian, or other adult caretaker relative if the
529 department determines that:
530 1. The teen parent has suffered or might suffer harm in the
531 home of the parent, legal guardian, or adult caretaker relative.
532 2. The requirement is not in the best interest of the teen
533 parent or the child. If the department determines that it is not
534 in the best interest of the teen parent or child to reside with
535 a parent, legal guardian, or other adult caretaker relative, the
536 department shall provide or assist the teen parent in finding a
537 suitable home, a second-chance home, a maternity home, or other
538 appropriate adult-supervised supportive living arrangement. Such
539 living arrangement may include a shelter obligation in
540 accordance with subsection (10).
541
542 The department may not delay providing temporary cash assistance
543 to the teen parent through the alternative payee designated by
544 the department pending a determination as to where the teen
545 parent should live and sufficient time for the move itself. A
546 teen parent determined to need placement that is unavailable
547 shall continue to be eligible for temporary cash assistance so
548 long as the teen parent cooperates with the department and the
549 Department of Health. The teen parent shall be provided with
550 counseling to make the transition from independence to
551 supervised living and with a choice of living arrangements.
552 (d) Notwithstanding any law to the contrary, if a parent or
553 caretaker relative without good cause does not cooperate with
554 the state agency responsible for administering the child support
555 enforcement program in establishing, modifying, or enforcing a
556 support order with respect to a child of a teen parent or other
557 family member, or a child of a family member who is in the care
558 of an adult relative, temporary cash assistance to the entire
559 family shall be denied until the state agency indicates that
560 cooperation by the parent or caretaker relative has been
561 satisfactory. To the extent permissible under federal law, a
562 parent or caretaker relative shall not be penalized for failure
563 to cooperate with paternity establishment or with the
564 establishment, modification, or enforcement of a support order
565 when such cooperation could subject an individual to a risk of
566 domestic violence. Such risk shall constitute good cause to the
567 extent permitted by Title IV-D of the Social Security Act, as
568 amended, or other federal law.
569 (e) If a parent or caretaker relative does not assign any
570 rights a family member may have to support from any other person
571 as required by subsection (7), temporary cash assistance to the
572 entire family shall be denied until the parent or caretaker
573 relative assigns the rights to the department.
574 (f) An individual who is convicted in federal or state
575 court of receiving benefits under this chapter, Title XIX, the
576 Food and Nutrition Act of 2008 Stamp Act of 1977, or Title XVI
577 (Supplemental Security Income), in two or more states
578 simultaneously may not receive temporary cash assistance or
579 services under this chapter for 10 years following the date of
580 conviction.
581 (g) An individual is ineligible to receive temporary cash
582 assistance or services under this chapter during any period when
583 the individual is fleeing to avoid prosecution, custody, or
584 confinement after committing a crime, attempting to commit a
585 crime that is a felony under the laws of the place from which
586 the individual flees or a high misdemeanor in the State of New
587 Jersey, or violating a condition of probation or parole imposed
588 under federal or state law.
589 (h) The parent or other caretaker relative must report to
590 the department by the end of the 5-day period that begins on the
591 date it becomes clear to the parent or caretaker relative that a
592 minor child will be absent from the home for 30 or more
593 consecutive days. A parent or caretaker relative who fails to
594 report this information to the department shall be disqualified
595 from receiving temporary cash assistance for 30 days for the
596 first occurrence, 60 days for the second occurrence, and 90 days
597 for the third or subsequent occurrence.
598 (i) If the parents of a minor child live apart and equally
599 share custody and control of the child, a parent is ineligible
600 for temporary cash assistance unless the parent clearly
601 demonstrates to the department that the parent provides primary
602 day-to-day custody.
603 (j) The payee of the temporary cash assistance payment is
604 the caretaker relative with whom a minor child resides and who
605 assumes primary responsibility for the child’s daily
606 supervision, care, and control, except in cases where a
607 protective payee is established.
608 Section 20. Section 414.14, Florida Statutes, is amended to
609 read:
610 414.14 Public assistance policy simplification.—To the
611 extent possible, the department shall align the requirements for
612 eligibility under this chapter with the food assistance stamp
613 program and medical assistance eligibility policies and
614 procedures to simplify the budgeting process and reduce errors.
615 If the department determines that s. 414.075, relating to
616 resources, or s. 414.085, relating to income, is inconsistent
617 with related provisions of federal law which govern the food
618 assistance stamp program or medical assistance, and that
619 conformance to federal law would simplify administration of the
620 Temporary Cash Assistance WAGES Program or reduce errors without
621 materially increasing the cost of the program to the state, the
622 secretary of the department may propose a change in the resource
623 or income requirements of the program by rule. The secretary
624 shall provide written notice to the President of the Senate, the
625 Speaker of the House of Representatives, and the chairpersons of
626 the relevant committees of both houses of the Legislature
627 summarizing the proposed modifications to be made by rule and
628 changes necessary to conform state law to federal law. The
629 proposed rule shall take effect 14 days after written notice is
630 given unless the President of the Senate or the Speaker of the
631 House of Representatives advises the secretary that the proposed
632 rule exceeds the delegated authority of the Legislature.
633 Section 21. Paragraph (e) of subsection (3) of section
634 414.16, Florida Statutes, is amended to read:
635 414.16 Emergency assistance program.—
636 (3) CRITERIA.—The department shall develop criteria for
637 implementation of the program in accordance with the following
638 guidelines:
639 (e) The family’s adjusted gross income may not exceed the
640 prevailing standard for participation in the Temporary Cash
641 Assistance WAGES Program for the family’s size.
642 Section 22. Section 414.17, Florida Statutes, is amended to
643 read:
644 414.17 Audits.—The Temporary Cash Assistance WAGES Program
645 is subject to the audit requirements of 31 U.S.C. ss. 5701 et
646 seq.
647 Section 23. Subsection (2) of section 414.175, Florida
648 Statutes, is amended to read:
649 414.175 Review of existing waivers.—
650 (2) The department shall review federal law, including
651 revisions to federal food assistance program stamp requirements.
652 If the department determines that federal food assistance stamp
653 waivers will further the goals of this chapter, including
654 simplification of program policies or program administration,
655 the department may obtain waivers if this can be accomplished
656 within available resources.
657 Section 24. Section 414.31, Florida Statutes, is amended to
658 read:
659 414.31 State agency for administering federal food
660 assistance stamp program.—
661 (1) The department shall place into operation in each of
662 the several counties of the state a food assistance stamp
663 program as authorized by the Congress of the United States. The
664 department is designated as the state agency responsible for the
665 administration and operation of such programs.
666 (2) The department shall provide for such instruction and
667 counseling as will best assure that the recipients are able to
668 provide a nutritionally adequate diet through the increased
669 purchasing power received. This program shall be administered
670 and operated in such a way that the distribution of food
671 assistance stamps shall be in locations reasonably accessible to
672 those areas in which persons eligible for the benefit of this
673 program are likely to be concentrated.
674 Section 25. Section 414.32, Florida Statutes, is amended to
675 read:
676 414.32 Prohibitions and restrictions with respect to food
677 assistance program stamps.—
678 (1) COOPERATION WITH CHILD SUPPORT ENFORCEMENT AGENCY.—
679 (a) A parent or caretaker relative who receives temporary
680 cash assistance or food assistance stamps on behalf of a child
681 under 18 years of age who has an absent parent is ineligible for
682 food assistance stamps unless the parent or caretaker relative
683 cooperates with the state agency that administers the child
684 support enforcement program in establishing the paternity of the
685 child, if the child is born out of wedlock, and in obtaining
686 support for the child or for the parent or caretaker relative
687 and the child. This paragraph does not apply if the state agency
688 that administers the food assistance stamp program determines
689 that the parent or caretaker relative has good cause for failing
690 to cooperate. The Department of Revenue shall determine good
691 cause for failure to cooperate if the Department of Children and
692 Family Services obtains written authorization from the United
693 States Department of Agriculture approving such arrangements.
694 (b) A putative or identified noncustodial parent of a child
695 under 18 years of age is ineligible for food assistance stamps
696 if the parent fails to cooperate with the state agency that
697 administers the child support enforcement program in
698 establishing the paternity of the child, if the child is born
699 out of wedlock, or fails to provide support for the child. This
700 paragraph does not apply if the state agency that administers
701 the child support enforcement program determines that the
702 noncustodial parent has good cause for refusing to cooperate in
703 establishing the paternity of the child.
704 (2) REDUCTION OR DENIAL OF TEMPORARY CASH ASSISTANCE.—The
705 food assistance stamp allotment shall be reduced or terminated
706 as otherwise provided in this chapter if temporary cash
707 assistance under the Temporary Cash Assistance WAGES Program is
708 reduced or denied because an individual in the family fails to
709 perform an action required under the program.
710 (3) DENIAL OF FOOD ASSISTANCE STAMP BENEFITS FOR RECEIPT OF
711 MULTIPLE FOOD ASSISTANCE STAMP BENEFITS.—An individual is
712 ineligible to participate in the food assistance stamp program
713 individually, or as a member of any assistance group, for 10
714 years following a conviction in federal or state court of having
715 made a fraudulent statement or representation with respect to
716 the identity or place of residence of the individual in order to
717 receive multiple benefits simultaneously under the food
718 assistance stamp program.
719 (4) DENIAL OF FOOD ASSISTANCE STAMP BENEFITS TO FLEEING
720 FELONS.—An individual is ineligible to participate in the food
721 assistance stamp program during any period when the individual
722 is fleeing to avoid prosecution, custody, or confinement after
723 committing a crime, attempting to commit a crime that is a
724 felony under the laws of the place from which the individual
725 flees or a high misdemeanor in the State of New Jersey, or
726 violating a condition of probation or parole imposed under
727 federal or state law.
728 Section 26. Section 414.33, Florida Statutes, is amended to
729 read:
730 414.33 Violations of food assistance stamp program.—
731 (1) In accordance with federal law and regulations, the
732 department shall establish procedures for notifying the
733 appropriate federal and state agencies of any violation of
734 federal or state laws or rules governing the food assistance
735 stamp program.
736 (2) In addition, the department shall establish procedures
737 for referring to the Department of Law Enforcement any case that
738 involves a suspected violation of federal or state law or rules
739 governing the administration of the food assistance stamp
740 program.
741 Section 27. Section 414.34, Florida Statutes, is amended to
742 read:
743 414.34 Annual report concerning administrative complaints
744 and disciplinary actions involving food assistance stamp program
745 violations.—The department shall prepare and submit a report to
746 the President of the Senate, the Speaker of the House of
747 Representatives, the chairs of the appropriate legislative
748 committees, and the Department of Law Enforcement by January 1
749 of each year. In addition to any other information the
750 Legislature may require, the report must include statistics and
751 relevant information detailing:
752 (1) The number of complaints received and investigated.
753 (2) The number of findings of probable cause made.
754 (3) The number of findings of no probable cause made.
755 (4) The number of administrative complaints filed.
756 (5) The disposition of all administrative complaints.
757 (6) The number of criminal complaints brought under s.
758 414.39, and their disposition.
759 (7) The status of the development and implementation of
760 rules governing the electronic benefits transfer program,
761 including any recommendations for statutory changes.
762 Section 28. Section 414.35, Florida Statutes, is amended to
763 read:
764 414.35 Emergency relief.—
765 (1) The department shall adopt rules for the administration
766 of emergency assistance programs delegated to the department
767 either by executive order in accordance with the Disaster Relief
768 Act of 1974 or pursuant to the Food and Nutrition Act of 2008
769 Food Stamp Act of 1977.
770 (2) In promulgating the rules required in this section, the
771 department shall give particular consideration to the prevention
772 of fraud in emergency assistance programs. Such rules shall, at
773 a minimum, provide for:
774 (a) Verification of an applicant’s identity and address.
775 (b) Determination of an applicant’s need for assistance and
776 verification of an applicant’s need in accordance with
777 appropriate federal law and regulations.
778 (c) The timely and adequate dissemination of accurate
779 certification information to local emergency management
780 agencies.
781 (3) In administering emergency food assistance stamp and
782 other emergency assistance programs, the department shall
783 cooperate fully with the United States Government and with other
784 departments, instrumentalities, and agencies of this state.
785 Section 29. Section 414.36, Florida Statutes, is amended to
786 read:
787 414.36 Public assistance overpayment recovery program;
788 contracts.—
789 (1) The department shall develop and implement a plan for
790 the statewide privatization of activities relating to the
791 recovery of public assistance overpayment claims. These
792 activities shall include, at a minimum, voluntary cash
793 collections functions for recovery of fraudulent and
794 nonfraudulent benefits paid to recipients of temporary cash
795 assistance, food assistance stamps, and aid to families with
796 dependent children.
797 (2) For purposes of privatization of public assistance
798 overpayment recovery, the department shall enter into contracts
799 consistent with federal law with for-profit corporations, not
800 for-profit corporations, or other entities capable of providing
801 the services for recovering public assistance required under
802 this section. The department shall issue requests for proposals,
803 enter into a competitive bidding process, and negotiate
804 contracts for such services. Contracts for such services may be
805 funded on a contingency fee basis, per fiscal year, based on a
806 percentage of the state-retained share of collections, for
807 claims for food assistance stamps, aid to families with
808 dependent children, and temporary cash assistance. This section
809 does not prohibit districts from entering into contracts to
810 carry out the provisions of this section, if that is a cost
811 effective use of resources.
812 (3) The Economic Self-sufficiency Services Program Office
813 of the department shall have responsibility for contract
814 management and for monitoring and policy development functions
815 relating to privatization of the public assistance overpayment
816 recovery program.
817 Section 30. Subsections (2), (3), (5), and (10) of section
818 414.39, Florida Statutes, are amended to read:
819 414.39 Fraud.—
820 (2) Any person who knowingly:
821 (a) Uses, transfers, acquires, traffics, alters, forges, or
822 possesses, or
823 (b) Attempts to use, transfer, acquire, traffic, alter,
824 forge, or possess, or
825 (c) Aids and abets another person in the use, transfer,
826 acquisition, traffic, alteration, forgery, or possession of,
827
828 a food stamp, a food assistance stamp identification card, an
829 authorization, including, but not limited to, an electronic
830 authorization, for the expenditure purchase of food assistance
831 benefits stamps, a certificate of eligibility for medical
832 services, or a Medicaid identification card in any manner not
833 authorized by law commits is guilty of a crime and shall be
834 punished as provided in subsection (5). For the purposes of this
835 section, the value of an authorization to purchase food stamps
836 shall be the difference between the coupon allotment and the
837 amount paid by the recipient for that allotment.
838 (3) Any person having duties in the administration of a
839 state or federally funded public assistance program or in the
840 distribution of public assistance, or authorizations or
841 identifications to obtain public assistance, under a state or
842 federally funded public assistance program and who:
843 (a) Fraudulently misappropriates, attempts to
844 misappropriate, or aids and abets in the misappropriation of, a
845 food assistance stamp, an authorization for food assistance
846 stamps, a food assistance stamp identification card, a
847 certificate of eligibility for prescribed medicine, a Medicaid
848 identification card, or public assistance from any other state
849 or federally funded program with which he or she has been
850 entrusted or of which he or she has gained possession by virtue
851 of his or her position, or who knowingly fails to disclose any
852 such fraudulent activity; or
853 (b) Knowingly misappropriates, attempts to misappropriate,
854 or aids or abets in the misappropriation of, funds given in
855 exchange for food assistance program benefits stamps or for any
856 form of food assistance stamp benefits authorization,
857
858 is guilty of a crime and shall be punished as provided in
859 subsection (5).
860 (5)(a) If the value of the public assistance or
861 identification wrongfully received, retained, misappropriated,
862 sought, or used is less than an aggregate value of $200 in any
863 12 consecutive months, such person commits a misdemeanor of the
864 first degree, punishable as provided in s. 775.082 or s.
865 775.083.
866 (b) If the value of the public assistance or identification
867 wrongfully received, retained, misappropriated, sought, or used
868 is of an aggregate value of $200 or more in any 12 consecutive
869 months, such person commits a felony of the third degree,
870 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
871 (c) As used in this subsection, the value of a food
872 assistance stamp authorization benefit is the cash or exchange
873 value unlawfully obtained by the fraudulent act committed in
874 violation of this section.
875 (d) As used in this section, “fraud” includes the
876 introduction of fraudulent records into a computer system, the
877 unauthorized use of computer facilities, the intentional or
878 deliberate alteration or destruction of computerized information
879 or files, and the stealing of financial instruments, data, and
880 other assets.
881 (10) The department shall create an error-prone or fraud
882 prone case profile within its public assistance information
883 system and shall screen each application for public assistance,
884 including food assistance stamps, Medicaid, and temporary cash
885 assistance, against the profile to identify cases that have a
886 potential for error or fraud. Each case so identified shall be
887 subjected to preeligibility fraud screening.
888 Section 31. Section 414.41, Florida Statutes, is amended to
889 read:
890 414.41 Recovery of payments made due to mistake or fraud.—
891 (1) Whenever it becomes apparent that any person or
892 provider has received any public assistance under this chapter
893 to which she or he is not entitled, through either simple
894 mistake or fraud on the part of the department or on the part of
895 the recipient or participant, the department shall take all
896 necessary steps to recover the overpayment. Recovery may include
897 Federal Income Tax Refund Offset Program collections activities
898 in conjunction with Food and Nutrition Consumer Service and the
899 Internal Revenue Service to intercept income tax refunds due to
900 clients who owe food assistance stamp or temporary cash
901 assistance WAGES debt to the state. The department will follow
902 the guidelines in accordance with federal rules and regulations
903 and consistent with the Food Assistance Stamp Program. The
904 department may make appropriate settlements and shall establish
905 a policy and cost-effective rules to be used in the computation
906 and recovery of such overpayments.
907 (a) The department will consider an individual who has
908 willfully provided false information or omitted information to
909 become or remain eligible for temporary cash assistance to have
910 committed an intentional program violation.
911 (b) When the intentional program violation or case facts do
912 not warrant criminal prosecution for fraud as defined in s.
913 414.39, the department will initiate an administrative
914 disqualification hearing. The administrative disqualification
915 hearing will be initiated regardless of the individual’s current
916 eligibility.
917 (c) Upon a finding through the administrative
918 disqualification hearing process that the individual did commit
919 an intentional program violation, the department will impose a
920 disqualification period consistent with those established for
921 food assistance stamp program purposes.
922 (2) The department shall determine if recovery of an
923 overpayment as a result of department error regarding temporary
924 cash assistance provided under the Temporary Cash Assistance
925 WAGES Program or benefits provided to a recipient of aid to
926 families with dependent children would create extreme hardship.
927 The department shall provide by rule the circumstances that
928 constitute an extreme hardship. The department may reduce the
929 amount of repayment if a recipient or participant demonstrates
930 to the satisfaction of the department that repayment of the
931 entire overpayment would result in extreme hardship, but the
932 department may not excuse repayment. A determination of extreme
933 hardship is not grounds for a waiver of repayment in whole or in
934 part.
935 (3) The department, or its designee, shall enforce an order
936 of income deduction by the court against the liable adult
937 recipient or participant, including the head of a family, for
938 overpayment received as an adult under the temporary cash
939 assistance program, the AFDC program, the food assistance stamp
940 program, or the Medicaid program.
941 Section 32. Section 414.45, Florida Statutes, is amended to
942 read:
943 414.45 Rulemaking.—The department has authority to adopt
944 rules pursuant to ss. 120.536(1) and 120.54 to implement and
945 enforce the provisions of this chapter. The rules must provide
946 protection against discrimination and the opportunity for a
947 participant to request a review by a supervisor or administrator
948 of any decision made by a panel or board of the department or
949 the Temporary Cash Assistance WAGES Program.
950 Section 33. Subsection (8) of section 420.624, Florida
951 Statutes, is amended to read:
952 420.624 Local homeless assistance continuum of care.—
953 (8) Continuum of care plans must promote participation by
954 all interested individuals and organizations and may not exclude
955 individuals and organizations on the basis of race, color,
956 national origin, sex, handicap, familial status, or religion.
957 Faith-based organizations must be encouraged to participate. To
958 the extent possible, these components should be coordinated and
959 integrated with other mainstream health, social services, and
960 employment programs for which homeless populations may be
961 eligible, including Medicaid, State Children’s Health Insurance
962 Program, Temporary Assistance for Needy Families, Food
963 Assistance Program Stamps, and services funded through the
964 Mental Health and Substance Abuse Block Grant, the Workforce
965 Investment Act, and the welfare-to-work grant program.
966 Section 34. Paragraph (g) of subsection (5) of section
967 430.2053, Florida Statutes, is amended to read:
968 430.2053 Aging resource centers.—
969 (5) The duties of an aging resource center are to:
970 (g) Enhance the existing area agency on aging in each
971 planning and service area by integrating, either physically or
972 virtually, the staff and services of the area agency on aging
973 with the staff of the department’s local CARES Medicaid nursing
974 home preadmission screening unit and a sufficient number of
975 staff from the Department of Children and Family Services’
976 Economic Self-Sufficiency Unit necessary to determine the
977 financial eligibility for all persons age 60 and older residing
978 within the area served by the aging resource center that are
979 seeking Medicaid services, Supplemental Security Income, and
980 food assistance stamps.
981 Section 35. Paragraph (b) of subsection (5) of section
982 445.004, Florida Statutes, is amended to read:
983 445.004 Workforce Florida, Inc.; creation; purpose;
984 membership; duties and powers.—
985 (5) Workforce Florida, Inc., shall have all the powers and
986 authority, not explicitly prohibited by statute, necessary or
987 convenient to carry out and effectuate the purposes as
988 determined by statute, Pub. L. No. 105-220, and the Governor, as
989 well as its functions, duties, and responsibilities, including,
990 but not limited to, the following:
991 (b) Providing oversight and policy direction to ensure that
992 the following programs are administered by the Agency for
993 Workforce Innovation in compliance with approved plans and under
994 contract with Workforce Florida, Inc.:
995 1. Programs authorized under Title I of the Workforce
996 Investment Act of 1998, Pub. L. No. 105-220, with the exception
997 of programs funded directly by the United States Department of
998 Labor under Title I, s. 167.
999 2. Programs authorized under the Wagner-Peyser Act of 1933,
1000 as amended, 29 U.S.C. ss. 49 et seq.
1001 3. Activities authorized under Title II of the Trade Act of
1002 2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
1003 Adjustment Assistance Program.
1004 4. Activities authorized under 38 U.S.C., chapter 41,
1005 including job counseling, training, and placement for veterans.
1006 5. Employment and training activities carried out under
1007 funds awarded to this state by the United States Department of
1008 Housing and Urban Development.
1009 6. Welfare transition services funded by the Temporary
1010 Assistance for Needy Families Program, created under the
1011 Personal Responsibility and Work Opportunity Reconciliation Act
1012 of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
1013 of the Social Security Act, as amended.
1014 7. Displaced homemaker programs, provided under s. 446.50.
1015 8. The Florida Bonding Program, provided under Pub. L. No.
1016 97-300, s. 164(a)(1).
1017 9. The Food Assistance Stamp Employment and Training
1018 Program, provided under the Food and Nutrition Act of 2008 Food
1019 Stamp Act of 1977, 7 U.S.C. ss. 2011-2032; the Food Security Act
1020 of 1988, Pub. L. No. 99-198; and the Hunger Prevention Act, Pub.
1021 L. No. 100-435.
1022 10. The Quick-Response Training Program, provided under ss.
1023 288.046-288.047. Matching funds and in-kind contributions that
1024 are provided by clients of the Quick-Response Training Program
1025 shall count toward the requirements of s. 288.90151(5)(d),
1026 pertaining to the return on investment from activities of
1027 Enterprise Florida, Inc.
1028 11. The Work Opportunity Tax Credit, provided under the Tax
1029 and Trade Relief Extension Act of 1998, Pub. L. No. 105-277, and
1030 the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
1031 12. Offender placement services, provided under ss.
1032 944.707-944.708.
1033 Section 36. Paragraph (b) of subsection (9) of section
1034 445.009, Florida Statutes, is amended to read:
1035 445.009 One-stop delivery system.—
1036 (9)
1037 (b) The network shall assure that a uniform method is used
1038 to determine eligibility for and management of services provided
1039 by agencies that conduct workforce development activities. The
1040 Department of Management Services shall develop strategies to
1041 allow access to the databases and information management systems
1042 of the following systems in order to link information in those
1043 databases with the one-stop delivery system:
1044 1. The Unemployment Compensation Program of the Agency for
1045 Workforce Innovation.
1046 2. The public employment service described in s. 443.181.
1047 3. The FLORIDA System and the components related to
1048 temporary cash assistance WAGES, food assistance stamps, and
1049 Medicaid eligibility.
1050 4. The Student Financial Assistance System of the
1051 Department of Education.
1052 5. Enrollment in the public postsecondary education system.
1053 6. Other information systems determined appropriate by
1054 Workforce Florida, Inc.
1055 Section 37. Subsection (2) of section 445.024, Florida
1056 Statutes, is amended to read:
1057 445.024 Work requirements.—
1058 (2) WORK ACTIVITY REQUIREMENTS.—Each individual who is not
1059 otherwise exempt from work activity requirements must
1060 participate in a work activity for the maximum number of hours
1061 allowable under federal law; however, a participant may not be
1062 required to work more than 40 hours per week. The maximum number
1063 of hours each month that a family may be required to participate
1064 in community service or work experience programs is the number
1065 of hours that would result from dividing the family’s monthly
1066 amount for temporary cash assistance and food assistance stamps
1067 by the applicable minimum wage. However, the maximum hours
1068 required per week for community service or work experience may
1069 not exceed 40 hours.
1070 (a) A participant in a work activity may also be required
1071 to enroll in and attend a course of instruction designed to
1072 increase literacy skills to a level necessary for obtaining or
1073 retaining employment if the instruction plus the work activity
1074 does not require more than 40 hours per week.
1075 (b) Program funds may be used, as available, to support the
1076 efforts of a participant who meets the work activity
1077 requirements and who wishes to enroll in or continue enrollment
1078 in an adult general education program or other training
1079 programs.
1080 Section 38. Section 445.026, Florida Statutes, is amended
1081 to read:
1082 445.026 Cash assistance severance benefit.—An individual
1083 who meets the criteria listed in this section may choose to
1084 receive a lump-sum payment in lieu of ongoing cash assistance
1085 payments, provided the individual:
1086 (1) Is employed and is receiving earnings.
1087 (2) Has received cash assistance for at least 6 consecutive
1088 months.
1089 (3) Expects to remain employed for at least 6 months.
1090 (4) Chooses to receive a one-time, lump-sum payment in lieu
1091 of ongoing monthly payments.
1092 (5) Provides employment and earnings information to the
1093 regional workforce board, so that the regional workforce board
1094 can ensure that the family’s eligibility for severance benefits
1095 can be evaluated.
1096 (6) Signs an agreement not to apply for or accept cash
1097 assistance for 6 months after receipt of the one-time payment.
1098 In the event of an emergency, such agreement shall provide for
1099 an exception to this restriction, provided that the one-time
1100 payment shall be deducted from any cash assistance for which the
1101 family subsequently is approved. This deduction may be prorated
1102 over an 8-month period. The board of directors of Workforce
1103 Florida, Inc., shall adopt criteria defining the conditions
1104 under which a family may receive cash assistance due to such
1105 emergency.
1106
1107 Such individual may choose to accept a one-time, lump-sum
1108 payment of $1,000 in lieu of receiving ongoing cash assistance.
1109 Such payment shall only count toward the time limitation for the
1110 month in which the payment is made in lieu of cash assistance. A
1111 participant choosing to accept such payment shall be terminated
1112 from cash assistance. However, eligibility for Medicaid, food
1113 assistance stamps, or child care shall continue, subject to the
1114 eligibility requirements of those programs.
1115 Section 39. Subsection (2) of section 445.048, Florida
1116 Statutes, is amended to read:
1117 445.048 Passport to Economic Progress program.—
1118 (2) WAIVERS.—If Workforce Florida, Inc., in consultation
1119 with the Department of Children and Family Services, finds that
1120 federal waivers would facilitate implementation of the program,
1121 the department shall immediately request such waivers, and
1122 Workforce Florida, Inc., shall report to the Governor, the
1123 President of the Senate, and the Speaker of the House of
1124 Representatives if any refusal of the federal government to
1125 grant such waivers prevents the implementation of the program.
1126 If Workforce Florida, Inc., finds that federal waivers to
1127 provisions of the Food Assistance Stamp Program would facilitate
1128 implementation of the program, the Department of Children and
1129 Family Services shall immediately request such waivers in
1130 accordance with s. 414.175.
1131 Section 40. Paragraph (d) of subsection (1) of section
1132 718.115, Florida Statutes, is amended to read:
1133 718.115 Common expenses and common surplus.—
1134 (1)
1135 (d) If so provided in the declaration, the cost of a master
1136 antenna television system or duly franchised cable television
1137 service obtained pursuant to a bulk contract shall be deemed a
1138 common expense. If the declaration does not provide for the cost
1139 of a master antenna television system or duly franchised cable
1140 television service obtained under a bulk contract as a common
1141 expense, the board may enter into such a contract, and the cost
1142 of the service will be a common expense but allocated on a per
1143 unit basis rather than a percentage basis if the declaration
1144 provides for other than an equal sharing of common expenses, and
1145 any contract entered into before July 1, 1998, in which the cost
1146 of the service is not equally divided among all unit owners, may
1147 be changed by vote of a majority of the voting interests present
1148 at a regular or special meeting of the association, to allocate
1149 the cost equally among all units. The contract shall be for a
1150 term of not less than 2 years.
1151 1. Any contract made by the board after the effective date
1152 hereof for a community antenna system or duly franchised cable
1153 television service may be canceled by a majority of the voting
1154 interests present at the next regular or special meeting of the
1155 association. Any member may make a motion to cancel said
1156 contract, but if no motion is made or if such motion fails to
1157 obtain the required majority at the next regular or special
1158 meeting, whichever is sooner, following the making of the
1159 contract, then such contract shall be deemed ratified for the
1160 term therein expressed.
1161 2. Any such contract shall provide, and shall be deemed to
1162 provide if not expressly set forth, that any hearing-impaired or
1163 legally blind unit owner who does not occupy the unit with a
1164 non-hearing-impaired or sighted person, or any unit owner
1165 receiving supplemental security income under Title XVI of the
1166 Social Security Act or food assistance stamps as administered by
1167 the Department of Children and Family Services pursuant to s.
1168 414.31, may discontinue the service without incurring disconnect
1169 fees, penalties, or subsequent service charges, and, as to such
1170 units, the owners shall not be required to pay any common
1171 expenses charge related to such service. If less than all
1172 members of an association share the expenses of cable
1173 television, the expense shall be shared equally by all
1174 participating unit owners. The association may use the
1175 provisions of s. 718.116 to enforce payment of the shares of
1176 such costs by the unit owners receiving cable television.
1177 Section 41. Paragraph (f) of subsection (1) of section
1178 817.568, Florida Statutes, is amended to read:
1179 817.568 Criminal use of personal identification
1180 information.—
1181 (1) As used in this section, the term:
1182 (f) “Personal identification information” means any name or
1183 number that may be used, alone or in conjunction with any other
1184 information, to identify a specific individual, including any:
1185 1. Name, postal or electronic mail address, telephone
1186 number, social security number, date of birth, mother’s maiden
1187 name, official state-issued or United States-issued driver’s
1188 license or identification number, alien registration number,
1189 government passport number, employer or taxpayer identification
1190 number, Medicaid or food assistance stamp account number, bank
1191 account number, credit or debit card number, or personal
1192 identification number or code assigned to the holder of a debit
1193 card by the issuer to permit authorized electronic use of such
1194 card;
1195 2. Unique biometric data, such as fingerprint, voice print,
1196 retina or iris image, or other unique physical representation;
1197 3. Unique electronic identification number, address, or
1198 routing code;
1199 4. Medical records;
1200 5. Telecommunication identifying information or access
1201 device; or
1202 6. Other number or information that can be used to access a
1203 person’s financial resources.
1204 Section 42. Paragraph (a) of subsection (3) of section
1205 921.0022, Florida Statutes, is amended to read:
1206 921.0022 Criminal Punishment Code; offense severity ranking
1207 chart.—
1208 (3) OFFENSE SEVERITY RANKING CHART
1209 (a) LEVEL 1
1210 FloridaStatute FelonyDegree Description
1211 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
1212 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
1213 212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $300 but less than $20,000.
1214 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
1215 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
1216 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
1217 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
1218 322.212(1)(a)-(c)3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver’s license; possession of simulated identification.
1219 322.212(4) 3rd Supply or aid in supplying unauthorized driver’s license or identification card.
1220 322.212(5)(a) 3rd False application for driver’s license or identification card.
1221 414.39(2) 3rd Unauthorized use, possession, forgery, or alteration of food assistance program stamps, Medicaid ID, value greater than $200.
1222 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
1223 443.071(1) 3rd False statement or representation to obtain or increase unemployment compensation benefits.
1224 509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300.
1225 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
1226 562.27(1) 3rd Possess still or still apparatus.
1227 713.69 3rd Tenant removes property upon which lien has accrued, value more than $50.
1228 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
1229 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
1230 815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
1231 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
1232 817.569(2) 3rd Use of public record or public records information to facilitate commission of a felony.
1233 826.01 3rd Bigamy.
1234 828.122(3) 3rd Fighting or baiting animals.
1235 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
1236 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
1237 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
1238 832.05(2)(b) & (4)(c)3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
1239 838.15(2) 3rd Commercial bribe receiving.
1240 838.16 3rd Commercial bribery.
1241 843.18 3rd Fleeing by boat to elude a law enforcement officer.
1242 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
1243 849.01 3rd Keeping gambling house.
1244 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
1245 849.23 3rd Gambling-related machines;“common offender” as to property rights.
1246 849.25(2) 3rd Engaging in bookmaking.
1247 860.08 3rd Interfere with a railroad signal.
1248 860.13(1)(a) 3rd Operate aircraft while under the influence.
1249 893.13(2)(a)2. 3rd Purchase of cannabis.
1250 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
1251 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
1252 Section 43. Paragraph (a) of subsection (1) of section
1253 943.401, Florida Statutes, is amended to read:
1254 943.401 Public assistance fraud.—
1255 (1)(a) The Department of Law Enforcement shall investigate
1256 all public assistance provided to residents of the state or
1257 provided to others by the state. In the course of such
1258 investigation the Department of Law Enforcement shall examine
1259 all records, including electronic benefits transfer records and
1260 make inquiry of all persons who may have knowledge as to any
1261 irregularity incidental to the disbursement of public moneys,
1262 food assistance stamps, or other items or benefits
1263 authorizations to recipients.
1264 Section 44. This act shall take effect July 1, 2010.