The Florida Senate

414.015  Short title.

414.025  Legislative intent.

414.0252  Definitions.

414.026  WAGES Program State Board of Directors.

414.027  WAGES Program statewide implementation plan.

414.028  Local WAGES coalitions.

414.029  WAGES Program Business Registry.

414.030  WAGES Program Employment Projects.

414.055  One-stop career centers.

414.065  Work requirements.

414.075  Resource eligibility standards.

414.085  Income eligibility standards.

414.095  Determining eligibility for the WAGES Program.

414.105  Time limitations of temporary cash assistance.

414.115  Limited temporary cash assistance for children born to families receiving temporary cash assistance.

414.122  Withholding of payments based on evidence of fraud.

414.125  Learnfare program.

414.13  Immunizations.

414.14  Public assistance policy simplification.

414.15  Diversion.

414.155  Relocation assistance program.

414.16  Emergency assistance program.

414.17  Audits.

414.175  Review of existing waivers.

414.20  Other support services.

414.21  Transitional medical benefits.

414.22  Transitional education and training.

414.225  Transitional transportation.

414.23  Evaluation.

414.24  Integrated welfare reform and child welfare services.

414.25  Exemption from leased real property requirements.

414.26  Court-appointed guardian unnecessary.

414.27  Temporary cash assistance; payment on death.

414.28  Public assistance payments to constitute debt of recipient.

414.29  Lists of recipients of temporary cash assistance open.

414.31  State agency for administering federal food stamp program.

414.32  Prohibitions and restrictions with respect to food stamps.

414.33  Violations of food stamp program.

414.34  Annual report concerning administrative complaints and disciplinary actions involving food stamp program violations.

414.35  Emergency relief.

414.36  Public assistance overpayment recovery program; contracts.

414.37  Public assistance overpayment recovery privatization; reemployment of laid-off career service employees.

414.38  Pilot work experience and job training for noncustodial parents program.

414.39  Fraud.

414.391  Automated fingerprint imaging.

414.392  Applicant screening.

414.40  Stop Inmate Fraud Program established; guidelines.

414.41  Recovery of payments made due to mistake or fraud.

414.42  Cause for employee dismissal.

414.43  Special needs allowance for families with a disabled family member.

414.44  Data collection and reporting.

414.45  Rulemaking.

414.55  Implementation of ss. 414.015-414.55.

414.70  Drug-testing and drug-screening program; procedures.

414.015  Short title.--This chapter may be cited as the "Work and Gain Economic Self-sufficiency (WAGES) Act."

History.--s. 2, ch. 96-175.

414.025  Legislative intent.--

(1)  It is the intent of the Legislature that families in this state be strong and economically self-sufficient so as to require minimal involvement by an efficient government.

(2)  The purpose of this act is to develop opportunities for families which provide for their needs, enhance their well-being, and preserve the integrity of the family free of impediments to self-reliance.

(3)  The WAGES Program shall emphasize work, self-sufficiency, and personal responsibility while meeting the transitional needs of program participants who need short-term assistance toward achieving independent, productive lives and gaining the responsibility that comes with self-sufficiency.

(4)  The WAGES Program shall take full advantage of the flexibility provided under federal law, which allows for efficiency through a simplified program and encourages a program designed to focus on results rather than process.

(5)  This chapter does not entitle any individual or family to assistance under the WAGES Program or Title IV-A of the Social Security Act, as amended.

History.--s. 3, ch. 96-175.

414.0252  Definitions.--As used in ss. 414.015-414.45, the term:

(1)  "Alternative payee" means an individual who receives temporary assistance payments on behalf of a minor.

(2)  "Applicant" means an individual who applies to participate in the temporary family assistance program and submits a signed and dated application.

(3)  "Department" means the Department of Children and Family Services.

(4)  "Domestic violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense that results in the physical injury or death of one family or household member by another.

(5)  "Family" means the assistance group or the individuals whose needs, resources, and income are considered when determining eligibility for temporary assistance. The family for purposes of temporary assistance includes the minor child, custodial parent, or caretaker relative who resides in the same house or living unit. The family may also include individuals whose income and resources are considered in whole or in part in determining eligibility for temporary assistance but whose needs, due to federal or state restrictions, are not considered. These individuals include, but are not limited to, ineligible noncitizens or sanctioned individuals.

(6)  "Family or household member" means spouses, former spouses, noncohabitating partners, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who have a child in common regardless of whether they have been married or have resided together at any time.

(7)  "Homeless" means an individual who lacks a fixed, regular, and adequate nighttime residence or an individual who has a primary nighttime residence that is:

(a)  A supervised publicly or privately operated shelter designed to provide temporary living accommodations, including welfare hotels, congregate shelters, and transitional housing for the mentally ill;

(b)  An institution that provides a temporary residence for individuals intended to be institutionalized; or

(c)  A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.

(8)  "Minor child" means a child under 18 years of age, or under 19 years of age if the child is a full-time student in a secondary school or at the equivalent level of vocational or technical training, and does not include anyone who is married or divorced.

(9)  "Participant" means an individual who has applied for or receives temporary assistance or services under the WAGES Program.

(10)  "Public assistance" means benefits paid on the basis of the temporary cash assistance, food stamp, Medicaid, or optional state supplementation program.

(11)  "Relative caretaker" or "caretaker relative" means an adult who has assumed the primary responsibility of caring for a child and who is related to the child by blood or marriage.

(12)  "Temporary cash assistance" means cash assistance provided under the state program certified under Title IV-A of the Social Security Act, as amended.

History.--s. 4, ch. 96-175; s. 206, ch. 97-101; s. 1, ch. 97-173; s. 6, ch. 98-57.

414.026  WAGES Program State Board of Directors.--

(1)  There is created within the Executive Office of the Governor the WAGES Program State Board of Directors, which shall oversee the operation of the WAGES Program and shall advise and assist state agencies in implementing the WAGES Program. There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member of the WAGES Program State Board of Directors or its employees or agents for any action taken by the board in the performance of its powers and duties under this chapter.

(2)(a)  The board of directors shall be composed of the following members:

1.  The Commissioner of Education, or the commissioner's designee.

2.  The Secretary of Children and Family Services.

3.  The Secretary of Health.

4.  The Secretary of Labor and Employment Security.

5.  The Secretary of Community Affairs.

6.  The Secretary of Transportation, or the secretary's designee.

7.  The director of the Office of Tourism, Trade, and Economic Development.

8.  The president of the Enterprise Florida workforce development board, established under s. 288.9620.

9.  The chief executive officer of the Florida Tourism Industry Marketing Corporation, established under s. 288.1226.

10.  Nine members appointed by the Governor, as follows:

a.  Six members shall be appointed from a list of ten nominees, of which five must be submitted by the President of the Senate and five must be submitted by the Speaker of the House of Representatives. The list of five nominees submitted by the President of the Senate and the Speaker of the House of Representatives must each contain at least three individuals employed in the private sector, two of whom must have management experience. One of the five nominees submitted by the President of the Senate and one of the five nominees submitted by the Speaker of the House of Representatives must be an elected local government official who shall serve as an ex officio nonvoting member.

b.  Three members shall be at-large members appointed by the Governor.

c.  Of the nine members appointed by the Governor, at least six must be employed in the private sector and of these, at least five must have management experience.

The members appointed by the Governor shall be appointed to 4-year, staggered terms. Within 60 days after a vacancy occurs on the board, the Governor shall fill the vacancy of a member appointed from the nominees submitted by the President of the Senate and the Speaker of the House of Representatives for the remainder of the unexpired term from one nominee submitted by the President of the Senate and one nominee submitted by the Speaker of the House of Representatives. Within 60 days after a vacancy of a member appointed at-large by the Governor occurs on the board, the Governor shall fill the vacancy for the remainder of the unexpired term. The composition of the board must generally reflect the racial, gender, and ethnic diversity of the state as a whole.

(b)  The board of directors shall annually elect a chairperson from among the members appointed by the Governor. The board of directors shall meet at least once each quarter. A member appointed by the Governor may not authorize a designee to attend a meeting of the board in place of the member. The Governor may remove an appointed member for cause, and an absence from three consecutive meetings results in automatic removal, unless the member is excused by the chairperson.

(c)  Members of the board shall serve without compensation, but are entitled to reimbursement for per diem and travel expenses as provided in s. 112.061.

(3)  The WAGES Program State Board of Directors shall appoint a program director to serve in the capacity of an executive director of the board. The program director shall supervise the administration of the WAGES Program and coordinate the activities of the state agencies charged by law to implement the WAGES Program.

(4)  The WAGES Program State Board of Directors must approve the WAGES State Plan, the operating budget and any amendments thereto, and any WAGES-related proposed administrative rules. In addition, state agencies charged by law with implementation of the WAGES Program and the Workforce Development Board of Enterprise Florida, Inc., shall collaborate with the staff of the WAGES Program State Board of Directors on all WAGES-related policies, requests for proposals, and related directives.

(5)  This section expires June 30, 2002, and shall be reviewed by the Legislature prior to that date. In its review, the Legislature shall assess the status of the WAGES Program and shall determine if the responsibility for administering the program should be transferred to other state agencies.

History.--s. 5, ch. 96-175; s. 207, ch. 97-101; s. 2, ch. 97-173; s. 67, ch. 97-237; ss. 1, 13, ch. 98-57.

414.027  WAGES Program statewide implementation plan.--

(1)  The WAGES Program State Board of Directors shall submit to the Governor, the President of the Senate, and the Speaker of the House of Representatives a statewide plan for implementing the WAGES Program established under this chapter. At a minimum, the statewide implementation plan must include:

(a)  Performance standards, measurement criteria, and contract guidelines for all services provided under the WAGES Program whether by state employees or contract providers.

(b)  Directives for creating and chartering local WAGES coalitions to plan and coordinate the delivery of services under the WAGES Program at the local level.

(c)  The approval of the implementation plans submitted by local WAGES coalitions.

(d)  Recommendations for clarifying, or if necessary, modifying the roles of the state agencies charged with implementing the WAGES Program so that all unnecessary duplication is eliminated.

(e)  Recommendations for modifying compensation and incentive programs for state employees in order to achieve the performance outcomes necessary for successful implementation of the WAGES Program.

(f)  Criteria for allocating WAGES Program resources to local WAGES coalitions. Such criteria must include weighting factors that reflect the relative degree of difficulty associated with securing employment placements for specific subsets of the welfare transition caseload.

(g)  The development of a performance-based payment structure to be used for all WAGES Program services, which takes into account the following:

1.  The degree of difficulty associated with placing a WAGES Program participant in a job;

2.  The quality of the placement with regard to salary, benefits, and opportunities for advancement; and

3.  The employee's retention of the placement.

The payment structure shall provide not more than 40 percent of the cost of services provided to a WAGES participant prior to placement, 50 percent upon employment placement, and 10 percent if employment is retained for at least 6 months. The payment structure should provide bonus payments to providers that experience notable success in achieving long-term job retention with WAGES Program participants. The board shall consult with the ¹Enterprise Florida workforce development board in developing the WAGES Program statewide implementation plan.

(2)  The board of directors shall update the statewide implementation plan annually and submit quarterly progress reports to the Governor, the President of the Senate, and the Speaker of the House of Representatives. The annual updated plan must contain proposals for implementing the goals and objectives of the WAGES Program during the succeeding 3-year period.

History.--s. 7, ch. 96-175; s. 44, ch. 97-98; s. 3, ch. 97-173.

¹Note.--As amended by s. 3, ch. 97-173. The words "Enterprise Florida" were deleted as part of a substitution of "the workforce development board" for the "Enterprise Florida Jobs and Education Partnership" by s. 44, ch. 97-98, a reviser's bill. Based on context and the fact that "Enterprise Florida" was left in place with the title "workforce development board" by s. 3, ch. 97-173, the full text of the board's title is published here.

414.028  Local WAGES coalitions.--The WAGES Program State Board of Directors shall create and charter local WAGES coalitions to plan and coordinate the delivery of services under the WAGES Program at the local level. The boundaries of the service area for a local WAGES coalition shall conform to the boundaries of the service area for the regional workforce development board established under the Enterprise Florida workforce development board. The local delivery of services under the WAGES Program shall be coordinated, to the maximum extent possible, with the local services and activities of the local service providers designated by the regional workforce development boards.

(1)(a)  Each local WAGES coalition must have a minimum of 11 members, of which at least one-half must be from the business community. The composition of the coalition membership must generally reflect the racial, gender, and ethnic diversity of the community as a whole. All members shall be appointed to 3-year terms. The membership of each coalition must include:

1.  Representatives of the principal entities that provide funding for the employment, education, training, and social service programs that are operated in the service area, including, but not limited to, representatives of local government, the regional workforce development board, and the United Way.

2.  A representative of the health and human services board.

3.  A representative of a community development board.

4.  Three representatives of the business community who represent a diversity of sizes of businesses.

5.  Representatives of other local planning, coordinating, or service-delivery entities.

6.  A representative of a grassroots community or economic development organization that serves the poor of the community.

(b)  A person may be a member of a local WAGES coalition or a combined WAGES coalition as provided in subsection (2) regardless of whether the member, or an organization represented by a member, could benefit financially from transactions of the coalition. However, if the coalition enters into a contract with an organization or individual represented on the coalition, the contract must be approved by a two-thirds vote of the entire board, and the board member who could benefit financially from the transaction must abstain from voting. A board member must disclose any such conflict in a manner that is approved by the WAGES Program State Board of Directors and is consistent with the procedures outlined in s. 112.3143.

(c)  A member of the board of a public or private educational institution may not serve as a member of a local WAGES coalition.

(d)  A representative of any county or municipal governing body that elects to provide services through the local WAGES coalition shall be an ex officio, nonvoting member of the coalition.

(e)  A representative of a county health department or a representative of a healthy start coalition shall serve as an ex officio, nonvoting member of the coalition.

(f)  This subsection does not prevent a local WAGES coalition from extending regular, voting membership to not more than one representative of a county health department and not more than one representative of a healthy start coalition.

(2)  A local WAGES coalition and a regional workforce development board may be combined into one board if the membership complies with subsection (1), and if the membership of the combined board meets the requirements of Pub. L. No. 97-300, the federal Job Training Partnership Act, as amended, and with any law delineating the membership requirements for the regional workforce development boards.

(3)  The statewide implementation plan prepared by the WAGES Program State Board of Directors shall prescribe and publish the process for chartering the local WAGES coalitions.

(4)  Each local WAGES coalition shall perform the planning, coordination, and oversight functions specified in the statewide implementation plan, including, but not limited to:

(a)  Developing a program and financial plan to achieve the performance outcomes specified by the WAGES Program State Board of Directors for current and potential program participants in the service area. The plan must reflect the needs of service areas for seed money to create programs that assist children of WAGES participants. The plan must also include provisions for providing services for victims of domestic violence.

(b)  Developing a funding strategy to implement the program and financial plan which incorporates resources from all principal funding sources.

(c)  Identifying employment, service, and support resources in the community which may be used to fulfill the performance outcomes of the WAGES Program.

(d)  In cooperation with the regional workforce development board, coordinating the implementation of one-stop career centers.

(e)  Advising the Department of Children and Family Services and the Department of Labor and Employment Security with respect to the competitive procurement of services under the WAGES Program.

(f)  Selecting an entity to administer the program and financial plan, such as a unit of a political subdivision within the service area, a not-for-profit private organization or corporation, or any other entity agreed upon by the local WAGES coalition.

(g)  Developing a plan for services for victims of domestic violence.

1.  The WAGES Program State Board of Directors shall specify requirements for the local plan, including:

a.  Criteria for determining eligibility for exceptions to state work requirements;

b.  The programs and services to be offered to victims of domestic violence;

c.  Time limits for exceptions to program requirements, which may not result in an adult participant exceeding the federal time limit for exceptions or the state lifetime benefit limit that the participant would otherwise be entitled to receive; and

d.  An annual report on domestic violence, including the progress made in reducing domestic violence as a barrier to self-sufficiency among WAGES participants, local policies and procedures for granting exceptions and exemptions from program requirements due to domestic violence, and the number and percentage of cases in which such exceptions and exemptions are granted.

2.  Each local WAGES coalition plan must specify provisions for coordinating and, where appropriate, delivering services, including:

a.  Provisions for the local coalition to coordinate with law enforcement agencies and social service agencies and organizations that provide services and protection to victims of domestic violence;

b.  Provisions for allowing participants access to domestic violence support services and ensuring that WAGES participants are aware of domestic violence shelters, hotlines, and other domestic violence services and policies;

c.  Designation of the agency that is responsible for determining eligibility for exceptions from program requirements due to domestic violence;

d.  Provisions that require each individual who is granted an exemption from program requirements due to domestic violence to participate in a program that prepares the individual for self-sufficiency and safety; and

e.  Where possible and necessary, provisions for job assignments and transportation arrangements that take maximum advantage of opportunities to preserve the safety of the victim of domestic violence and the victim's dependents.

(5)  By October 1, 1998, local WAGES coalitions shall deliver through one-stop career centers, the full continuum of services provided under the WAGES Program, including services that are provided at the point of application. The State WAGES Board may direct the Department of Labor and Employment Security to provide such services to WAGES participants if a local WAGES coalition is unable to provide services due to decertification. Local WAGES coalitions may not determine an individual's eligibility for temporary cash assistance, and all education and training shall be provided through agreements with regional workforce development boards. The local WAGES coalitions shall develop a transition plan to be approved by the WAGES Program State Board of Directors. Should career service employees of the Department of Labor and Employment Security be subject to layoff due to the local WAGES coalitions taking over the delivery of such services, such employees shall be given priority consideration for employment by the local WAGES coalitions. The local coalition's transition plan shall provide for the utilization of space leased by the Department of Labor and Employment Security for WAGES service functions. By October 1, 1998, the coalition may have negotiated and entered into new lease agreements or subleased for said space from the Department of Labor and Employment Security. In the event the coalition does not utilize the Department of Labor and Employment Security leased space, the Department of Labor and Employment Security shall not be obligated to pay under any lease agreement for WAGES services entered into by the department since July 1, 1996.

(6)  The WAGES Program State Board of Directors may not approve the program and financial plan of a local coalition unless the plan provides a teen pregnancy prevention component that includes, but is not necessarily limited to, a plan for implementing the Florida Education Now and Babies Later (ENABL) program under s. 411.242 and the Teen Pregnancy Prevention Community Initiative within each county of the service area in which the teen birth rate is higher than the state average. Each local WAGES coalition is authorized to fund community-based welfare prevention and reduction initiatives that increase the support provided by noncustodial parents to their welfare-dependent children and are consistent with program and financial guidelines developed by the WAGES Program State Board of Directors and the Commission on Responsible Fatherhood. These initiatives may include, but are not limited to, improved paternity establishment, work activities for noncustodial parents, and programs aimed at decreasing out-of-wedlock pregnancies, encouraging the involvement of fathers with their children, and increasing child-support payments.

(7)  At the option of the local WAGES coalition, local employees of the department and the Department of Labor and Employment Security shall provide staff support for the local WAGES coalitions. Staff support may be provided by another agency, entity, or by contract.

(8)  There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member of a local WAGES coalition or its employees or agents for any lawful action taken by them in the performance of their powers and duties under this section and s. 414.029.

History.--s. 8, ch. 96-175; s. 45, ch. 97-98; s. 208, ch. 97-101; s. 60, ch. 97-170; s. 4, ch. 97-173; s. 2, ch. 98-57; s. 22, ch. 98-191.

414.029  WAGES Program Business Registry.--Each local WAGES coalition created pursuant to s. 414.028 must establish a business registry for business firms committed to assist in the effort of finding jobs for WAGES Program participants. Registered businesses agree to work with the coalition and to hire WAGES Program participants to the maximum extent possible consistent with the nature of their business. Each quarter, the coalition must publish a list of businesses registered as a prerequisite for receiving a tax exemption provided under s. 212.08(5)(b) or (7)(ii) and the number of jobs each has provided for program participants.

History.--s. 16, ch. 96-320; s. 5, ch. 97-173.

414.030  WAGES Program Employment Projects.--

(1)  The Legislature finds that the success of the WAGES Program depends upon the existence of sufficient employment opportunities compatible with the education and skill levels of participants in the WAGES Program. The Legislature further finds that extraordinary assistance may need to be granted for certain economic development projects that can have a great impact on the employment of WAGES participants. It is the intent of the Legislature to authorize the Governor and local governments to marshal state and local resources in a coordinated and timely manner to foster the development and completion of economic development projects that have been identified as having a great impact on the employment of WAGES participants.

(2)  By August 1 of each year, each local city and county economic development organization, in consultation with local WAGES coalitions, shall identify economic development projects that can have the greatest impact on employing WAGES participants in their areas. Each local economic development organization shall provide a prioritized list of no more than five such projects to Enterprise Florida, Inc., by August 1 of each year. The organizations shall identify local resources that are available to foster the development and completion of each project.

(3)(a)  By September 1 of each year, Enterprise Florida, Inc., in consultation with the state WAGES Board, shall review and prioritize the list of projects identified pursuant to subsection (2) using the following criteria:

1.  Areas with a high proportion of families who had already received cash assistance in 3 out of the previous 5 years at the time their time limit was established;

2.  Areas with a high proportion of families subject to the WAGES time limit headed by a parent who was under age 24 at the time the time limit was established and who lacked high school or GED completion;

3.  Areas with a high proportion of families subject to the time limit who have used all of the available months of cash assistance since October 1996;

4.  Areas with a low ratio of new jobs per WAGES participant;

5.  Areas with a low ratio of job openings requiring less than a high school degree per WAGES participant;

6.  Areas with a high proportion of families subject to the time limit who are either within 6 months of the time limit or are receiving cash assistance under a period of hardship extension to the time limit;

7.  Areas with unusually high unemployment; and

8.  Areas identified as labor surplus areas using the criteria established by the United States Department of Labor Employment and Training Administration.

(b)  To the greatest extent possible, Enterprise Florida, Inc., shall foster the development or completion of the projects identified pursuant to paragraph (a) using existing state and local resources under the control of Enterprise Florida, Inc. To the extent that such projects cannot be developed or completed from resources available to Enterprise Florida, Inc., may identify and prioritize no more than 10 projects, of which no more than 3 may be located in Dade County, that need extraordinary state and local assistance. Enterprise Florida, Inc., shall provide the list of projects needing extraordinary assistance to the Governor and each WAGES Program Employment Project Coordinator designated pursuant to subsection (4) by September 1 of each year.

(4)(a)  By July 1, 1998, the heads of the Departments of Agriculture and Consumer Services, Labor and Employment Security, Community Affairs, Children and Family Services, Revenue, Business and Professional Regulation, Management Services, Military Affairs, Transportation, and Environmental Protection, and the Comptroller; the Auditor General; the executive director of each water management district; and the heads of the Office of Tourism, Trade, and Economic Development, Enterprise Florida, Inc., Institute of Food and Agricultural Sciences, the State Board of Community Colleges, the Division of Workforce Development of the Department of Education, State University System, and the Office of Planning and Budgeting shall select from within such organizations a person to be designated as the WAGES Program Employment Project Coordinator.

(b)  By October 1 of each year, each WAGES Program Employment Project Coordinator shall determine what resources are available at the organization to foster the development and completion of the economic development projects received pursuant to subsection (3). Each coordinator shall provide this determination to the Governor by October 1 of each year.

(5)(a)  By October 15 of each year, the Governor may, by executive order, designate these projects as WAGES Program Employment Projects, and direct the agencies to use the resources identified pursuant to subsection (4) to develop or complete such projects. The order shall direct such agencies to contract with the appropriate local WAGES coalition to develop or complete such projects.

(b)  Notwithstanding the eligibility provisions of s. 403.973, the Governor may waive such eligibility requirements by executive order for projects that have been identified as needing expedited permitting.

(c)  To the extent that resources identified pursuant to subsection (4) have been appropriated by the Legislature for a specific purpose that does not allow for the expenditure of such resources on the projects, the Governor may use the budget amendment process in chapter 216 to request that these resources be released to the Governor's Office to accomplish the development or completion of the project.

(d)  Any executive order issued by the Governor pursuant to this section shall expire within 90 days, unless renewed for an additional 60 days by the Governor. However, no executive order may be issued by the Governor pursuant to this section for a period in excess of 150 days.

(6)  Each local WAGES coalition with jurisdiction over an area where a WAGES Program Employment Project has been designated by the Governor pursuant to subsection (5) shall enter into a contract with the appropriate local, state, or private entities to ensure that the project is developed and completed. Such contracts may include, but are not limited to, contracts with applicable state agencies and businesses to provide training, education, and employment opportunities for WAGES participants.

(7)  By March 15 of each year, Enterprise Florida, Inc., shall submit to the state WAGES Board, the Governor, the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader a complete and detailed report that includes, but is not limited to, a description of the activities, expenditures, and projects undertaken pursuant to this section and a description of what, if any, legislative action that may be necessary.

(8)(a)  The Auditor General may, pursuant to his or her own authority or at the direction of the Legislature, conduct a financial audit of the expenditure of resources pursuant to this section.

(b)  Prior to the 2000 Regular Session of the Legislature, the Office of Program Policy Analysis and Government Accountability shall conduct a review of the projects developed or completed pursuant to this section. The review shall be comprehensive in its scope, but, at a minimum, must be conducted in a manner as to specifically determine:

1.  The impact the provisions contained in this section had on the development and completion of the projects identified pursuant to this section.

2.  Whether it would be sound public policy to continue or discontinue to foster the development or completion of projects using the processes provided in this section. The report shall be submitted by January 1, 2000, to the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader.

History.--s. 3, ch. 98-57.

414.055  One-stop career centers.--

(1)  It is the intent of the Legislature that one-stop career centers developed by community coalitions or public/private partnerships that involve the business community, educational institutions, governmental entities, and community-based organizations should be the principal service-delivery mechanism for services associated with the WAGES Program, employment services, and workforce development.

(2)  Local WAGES coalitions and regional workforce boards must coordinate the planning and implementation of one-stop career centers and services so as to avoid unnecessary duplication of services and facilities.

(3)  If a one-stop career center as described in subsection (1) has been established, neither the Department of Children and Family Services nor the Department of Labor and Employment Security may establish a one-stop career center to serve the same population or geographic area. The Department of Children and Family Services and the Department of Labor and Employment Security must assign to the established one-stop career center the number and classification of staff which is appropriate and necessary for effective operation of the one-stop career center.

(4)  Staff of the Division of Jobs and Benefits of the Department of Labor and Employment Security, staff of the Department of Children and Family Services, and staff of other public and private agencies and institutions shall deliver services to applicants for and participants in the WAGES Program at one-stop career centers.

(5)  At the one-stop career centers, staff of the Department of Children and Family Services shall:

(a)  Accept applications and determine or redetermine the eligibility of a family to participate in the WAGES Program.

(b)  Accept applications and determine or redetermine the eligibility of an individual or family to receive subsidized child care or emergency assistance, including housing assistance.

(c)  Assess need and arrange for providing diversion assistance or emergency assistance.

(6)  At the one-stop career centers, staff of the Department of Labor and Employment Security shall assign a participant in the WAGES Program to an approved work activity.

History.--s. 9, ch. 96-175; s. 43, ch. 97-246.

414.065  Work requirements.--

(1)  WORK ACTIVITIES.--The following activities may be used individually or in combination to satisfy the work requirements for a participant in the WAGES Program:

(a)  Unsubsidized employment.--Unsubsidized employment is full-time employment or part-time employment that is not directly supplemented by federal or state funds. Paid apprenticeship and cooperative education activities are included in this activity.

(b)  Subsidized private sector employment.--Subsidized private sector employment is employment in a private for-profit enterprise or a private not-for-profit enterprise which is directly supplemented by federal or state funds. A subsidy may be provided in one or more of the forms listed in this paragraph.

1.  Work supplementation.--A work supplementation subsidy diverts a participant's temporary cash assistance under the program to the employer. The employer must pay the participant wages that equal or exceed the applicable federal minimum wage. Work supplementation may not exceed 6 months. At the end of the supplementation period, the employer is expected to retain the participant as a regular employee without receiving a subsidy. A work supplementation agreement may not be continued with any employer who exhibits a pattern of failing to provide participants with continued employment after the period of work supplementation ends.

2.  On-the-job training.--On-the-job training is full-time, paid employment in which the employer or an educational institution in cooperation with the employer provides training needed for the participant to perform the skills required for the position. The employer or the educational institution on behalf of the employer receives a subsidy to offset the cost of the training provided to the participant. Upon satisfactory completion of the training, the employer is expected to retain the participant as a regular employee without receiving a subsidy. An on-the-job training agreement may not be continued with any employer who exhibits a pattern of failing to provide participants with continued employment after the on-the-job training subsidy ends.

3.  Incentive payments.--The department and the Department of Labor and Employment Security may provide additional incentive payments to encourage employers to employ program participants. Incentive payments may include payments to encourage the employment of hard-to-place participants, in which case the amount of the payment shall be weighted proportionally to the extent to which the participant has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment. In establishing incentive payments, the department and the Department of Labor and Employment Security shall consider the extent of prior receipt of welfare, lack of employment experience, lack of education, lack of job skills, and other appropriate factors. A participant who has complied with program requirements and who is approaching the time limit for receiving temporary cash assistance may be defined as "hard-to-place." Incentive payments may include payments in which an initial payment is made to the employer upon the employment of a participant, and the majority of the incentive payment is made after the employer retains the participant as a full-time employee for at least 12 months. An incentive agreement may not be continued with any employer who exhibits a pattern of failing to provide participants with continued employment after the incentive payments cease.

4.  Tax credits.--An employer who employs a program participant may qualify for enterprise zone property tax credits under s. 220.182, the tax refund program for qualified target industry businesses under s. 288.106, or other federal or state tax benefits. The department and the Department of Labor and Employment Security shall provide information and assistance, as appropriate, to use such credits to accomplish program goals.

5.  WAGES training bonus.--An employer who hires a WAGES participant who has less than 6 months of eligibility for temporary cash assistance remaining and who pays the participant a wage that precludes the participant's eligibility for temporary cash assistance may receive $240 for each full month of employment for a period that may not exceed 3 months. An employer who receives a WAGES training bonus for an employee may not receive a work supplementation subsidy for the same employee. Employment is defined as 35 hours per week at a wage of no less than minimum wage.

(c)  Subsidized public sector employment.--Subsidized public sector employment is employment by an agency of the federal, state, or local government which is directly supplemented by federal or state funds. The applicable subsidies provided under paragraph (b) may be used to subsidize employment in the public sector, except that priority for subsidized employment shall be employment in the private sector. Public sector employment is distinguished from work experience in that the participant is paid wages and receives the same benefits as a nonsubsidized employee who performs similar work. Work-study activities administered by educational institutions are included in this activity.

(d)  Community service work experience.--Community service work experience is job training experience at a supervised public or private not-for-profit agency. A participant shall receive temporary cash assistance in the form of wages, which, when combined with the value of food stamps awarded to the participant, is proportional to the amount of time worked. A participant in the WAGES Program or the Food Stamp Employment and Training program assigned to community service work experience shall be deemed an employee of the state for purposes of workers' compensation coverage and is subject to the requirements of the drug-free workplace program. Community service work experience may be selected as an activity for a participant who needs to increase employability by improving his or her interpersonal skills, job-retention skills, stress management, and job problem solving, and by learning to attain a balance between job and personal responsibilities. Community service is intended to:

1.  Assess WAGES Program compliance before referral of the participant to costly services such as career education;

2.  Maintain work activity status while the participant awaits placement into paid employment or training;

3.  Fulfill a clinical practicum or internship requirement related to employment; or

4.  Provide work-based mentoring.

As used in this paragraph, the terms "community service experience," "community work," and "workfare" are synonymous.

(e)  Work experience.--Work experience is an appropriate work activity for participants who lack preparation for or experience in the workforce. It must combine a job training activity in a public or private not-for-profit agency with education and training related to an employment goal. To qualify as a work activity, work experience must include education and training in addition to the time required by the work activity, and the work activity must be intensively supervised and structured. The WAGES Program shall contract for any services provided for clients who are assigned to this activity and shall require performance benchmarks, goals, outcomes, and time limits designed to assure that the participant moves toward full-time paid employment. A participant shall receive temporary cash assistance proportional to the time worked. A participant assigned to work experience is an employee of the state for purposes of workers' compensation coverage and is subject to the requirements of the drug-free workplace program.

(f)  Job search and job readiness assistance.--Job search assistance may include supervised or unsupervised job-seeking activities. Job readiness assistance provides support for job-seeking activities, which may include:

1.  Orientation to the world of work and basic job-seeking and job retention skills.

2.  Instruction in completing an application for employment and writing a resume.

3.  Instruction in conducting oneself during a job interview, including appropriate dress.

4.  Instruction in how to retain a job, plan a career, and perform successfully in the workplace.

Job readiness assistance may also include providing a participant with access to an employment resource center that contains job listings, telephones, facsimile machines, typewriters, and word processors. Job search and job readiness activities may be used in conjunction with other program activities, such as work experience, but may not be the primary work activity for longer than the length of time permitted under federal law.

(g)  Vocational education or training.--Vocational education or training is education or training designed to provide participants with the skills and certification necessary for employment in an occupational area. Vocational education or training may be used as a primary program activity for participants when it has been determined that the individual has demonstrated compliance with other phases of program participation and successful completion of the vocational education or training is likely to result in employment entry at a higher wage than the participant would have been likely to attain without completion of the vocational education or training. Vocational education or training may be combined with other program activities and also may be used to upgrade skills or prepare for a higher paying occupational area for a participant who is employed.

1.  Vocational education shall not be used as the primary program activity for a period which exceeds 12 months. The 12-month restriction applies to instruction in a career education program and does not include remediation of basic skills through adult general education if remediation is necessary to enable a WAGES participant to benefit from a career education program. Any necessary remediation must be completed before a participant is referred to vocational education as the primary work activity. In addition, use of vocational education or training shall be restricted to not more than 20 percent of adult participants in the WAGES region, or subject to other limitation as established in federal law. Vocational education included in a program leading to a high school diploma shall not be considered vocational education for purposes of this section.

2.  When possible, a provider of vocational education or training shall use funds provided by funding sources other than the department or the Department of Labor and Employment Security. Either department may provide additional funds to a vocational education or training provider only if payment is made pursuant to a performance-based contract. Under a performance-based contract, the provider may be partially paid when a participant completes education or training, but the majority of payment shall be made following the participant's employment at a specific wage or job retention for a specific duration. Performance-based payments made under this subparagraph are limited to education or training for targeted occupations identified by the Occupational Forecasting Conference under s. 216.136, or other programs identified by the ¹Enterprise Florida workforce development board as beneficial to meet the needs of designated groups, such as WAGES participants, who are hard to place. If the contract pays the full cost of training, the community college or school district may not report the participants for other state funding, except that the college or school district may report WAGES clients for performance incentives or bonuses authorized for student enrollment, completion, and placement.

(h)  Job skills training directly related to employment.--Job skills training directly related to employment provides job skills training in a specific occupation for which there is a written commitment by the employer to offer employment to a participant who successfully completes the training. Job skills training includes customized training designed to meet the needs of a specific employer or a specific industry. A participant may be required to complete an entrance assessment or test before entering into job skills training if assessments or tests are required for employment upon completion of the training. Job skills training includes literacy instruction in the workplace if necessary to enable a participant to perform in a specific job or job training program.

(i)  Education services related to employment for participants 19 years of age or younger.--Education services provided under this paragraph are designed to prepare a participant for employment in an occupation. The department and the Department of Labor and Employment Security shall coordinate education services with the school-to-work activities provided under s. 229.595. Activities provided under this paragraph are restricted to participants 19 years of age or younger who have not completed high school or obtained a high school equivalency diploma.

(j)  School attendance.--Attendance at a high school or attendance at a program designed to prepare the participant to receive a high school equivalency diploma is a required program activity for each participant 19 years of age or younger who:

1.  Has not completed high school or obtained a high school equivalency diploma;

2.  Is a dependent child or a head of household; and

3.  For whom it has not been determined that another program activity is more appropriate.

(k)  Teen parent services.--Participation in medical, educational, counseling, and other services that are part of a comprehensive program is a required activity for each teen parent who participates in the WAGES Program.

(2)  WORK ACTIVITY REQUIREMENTS.--Each adult participant who is not otherwise exempt must participate in a work activity, except for community service work experience, for the maximum number of hours allowable under federal law provided that no participant be required to work more than 40 hours per week or less than the minimum number of hours required by federal law. The maximum number of hours each month that a participant may be required to participate in community service activities is the greater of: the number of hours that would result from dividing the family's monthly amount for temporary cash assistance and food stamps by the federal minimum wage and then dividing that result by the number of participants in the family who participate in community service activities; or the minimum required to meet federal participation requirements. However, in no case shall the maximum hours required per week for community work experience exceed 40 hours. An applicant shall be referred for employment at the time of application if the applicant is eligible to participate in the WAGES Program.

(a)  A participant in a work activity may also be required to enroll in and attend a course of instruction designed to increase literacy skills to a level necessary for obtaining or retaining employment, provided that the instruction plus the work activity does not require more than 40 hours per week.

(b)  WAGES Program funds may be used, as available, to support the efforts of a participant who meets the work activity requirements and who wishes to enroll in or continue enrollment in an adult general education program or a career education program.

(3)  EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The following individuals are exempt from work activity requirements:

(a)  A minor child under age 16, except that a child exempted from this provision shall be subject to the requirements of ²paragraph (1)(i) and s. 414.125.

(b)  An individual who receives benefits under the Supplemental Security Income program or the Social Security Disability Insurance program.

(c)  Adults who are not included in the calculation of temporary cash assistance in child-only cases.

(d)  One custodial parent with a child under 3 months of age, except that the parent may be required to attend parenting classes or other activities to better prepare for the responsibilities of raising a child. If the custodial parent is age 19 or younger and has not completed high school or the equivalent, he or she may be required to attend school or other appropriate educational activities.

(4)  PENALTIES FOR NONPARTICIPATION IN WORK REQUIREMENTS.--The department and the Department of Labor and Employment Security shall establish procedures for administering penalties for nonparticipation in work requirements. If an individual in a family receiving temporary cash assistance fails to engage in work activities required in accordance with this section, the following penalties shall apply:

(a)  First noncompliance: temporary cash assistance shall be terminated for the family until the individual who failed to comply does so, and food stamp benefits shall not be increased as a result of the loss of temporary cash assistance.

(b)  Second noncompliance: temporary cash assistance and food stamps shall be terminated for the family until the individual demonstrates compliance in the required work activity for a period of 30 days. Upon compliance, temporary cash assistance and food stamps shall be reinstated to the date of compliance. Prior to the imposition of sanctions for a second noncompliance, the participant shall be interviewed to determine why full compliance has not been achieved. The participant shall be counseled regarding compliance and, if appropriate, shall be referred for services that could assist the participant to fully comply with program requirements.

(c)  Third noncompliance: temporary cash assistance and food stamps shall be terminated for the family for 3 months. The individual shall be required to demonstrate compliance in the work activity upon completion of the 3-month penalty period, before reinstatement of temporary cash assistance and food stamps.

If a participant fully complies with work activity requirements for at least 6 months, the participant shall be reinstated as being in full compliance with program requirements for purpose of sanctions imposed under this section.

(5)  CONTINUATION OF TEMPORARY CASH ASSISTANCE FOR CHILDREN; PROTECTIVE PAYEES.--

(a)  Upon the second or third occurrence of noncompliance, temporary cash assistance and food stamps for the child or children in a family who are under age 16 may be continued. Any such payments must be made through a protective payee or, in the case of food stamps, through an authorized representative. Under no circumstances shall temporary cash assistance or food stamps be paid to an individual who has failed to comply with program requirements.

(b)  Protective payees shall be designated by the department and may include:

1.  A relative or other individual who is interested in or concerned with the welfare of the child or children and agrees in writing to utilize the assistance in the best interest of the child or children.

2.  A member of the community affiliated with a religious, community, neighborhood, or charitable organization who agrees in writing to utilize the assistance in the best interest of the child or children.

3.  A volunteer or member of an organization who agrees in writing to fulfill the role of protective payee and to utilize the assistance in the best interest of the child or children.

(c)  The protective payee designated by the department shall be the authorized representative for purposes of receiving food stamps on behalf of a child or children under age 16. The authorized representative must agree in writing to use the food stamps in the best interest of the child or children.

(d)  If it is in the best interest of the child or children, as determined by the department, for the staff member of a private agency, a public agency, the department, or any other appropriate organization to serve as a protective payee or authorized representative, such designation may be made, except that a protective payee or authorized representative must not be any individual involved in determining eligibility for temporary cash assistance or food stamps for the family, staff handling any fiscal processes related to issuance of temporary cash assistance or food stamps, or landlords, grocers, or vendors of goods, services, or items dealing directly with the participant.

(e)  The department may pay incidental expenses or travel expenses for costs directly related to performance of the duties of a protective payee as necessary to implement the provisions of this subsection.

(f)  If the department is unable to designate a qualified protective payee or authorized representative, a referral shall be made under the provisions of chapter 39 for protective intervention.

(6)  PROPORTIONAL REDUCTION OF TEMPORARY CASH ASSISTANCE RELATED TO PAY AFTER PERFORMANCE.--Notwithstanding the provisions of subsection (4), if an individual is receiving temporary cash assistance under a pay-after-performance arrangement and the individual participates, but fails to meet the full participation requirement, then the temporary cash assistance received shall be reduced and shall be proportional to the actual participation. Food stamps may be included in a pay-after-performance arrangement if permitted under federal law.

(7)  EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--The situations listed in this subsection shall constitute exceptions to the penalties for noncompliance with participation requirements, except that these situations do not constitute exceptions to the applicable time limit for receipt of temporary cash assistance:

(a)  Noncompliance related to child care.--Temporary cash assistance may not be terminated for refusal to participate in work activities if the individual is a single custodial parent caring for a child who has not attained 6 years of age, and the adult proves to the department or to the Department of Labor and Employment Security an inability to obtain needed child care for one or more of the following reasons:

1.  Unavailability of appropriate child care within a reasonable distance from the individual's home or worksite.

2.  Unavailability or unsuitability of informal child care by a relative or under other arrangements.

3.  Unavailability of appropriate and affordable formal child care arrangements.

(b)  Noncompliance related to domestic violence.--An individual who is determined to be unable to comply with the work requirements because such compliance would make it probable that the individual would be unable to escape domestic violence shall be exempt from work requirements pursuant to s. 414.028(4)(g). However, the individual shall comply with a plan that specifies alternative requirements that prepare the individual for self-sufficiency while providing for the safety of the individual and the individual's dependents. An exception granted under this paragraph does not constitute an exception to the time limitations on benefits specified under s. 414.105.

(c)  Noncompliance related to treatment or remediation of past effects of domestic violence.--An individual who is determined to be unable to comply with the work requirements under this section due to mental or physical impairment related to past incidents of domestic violence may be exempt from work requirements for a specified period pursuant to s. 414.028(4)(g), except that such individual shall comply with a plan that specifies alternative requirements that prepare the individual for self-sufficiency while providing for the safety of the individual and the individual's dependents. The plan must include counseling or a course of treatment necessary for the individual to resume participation. The need for treatment and the expected duration of such treatment must be verified by a physician licensed under chapter 458 or chapter 459; a psychologist licensed under s. 490.005(1), s. 490.006, or the provision identified as s. 490.013(2) in s. 1, chapter 81-235, Laws of Florida; a therapist as defined in s. 491.003(2) or (6); or a treatment professional who is registered under ³s. 415.605(1)(g), is authorized to maintain confidentiality under s. 90.5036(1)(d), and has a minimum of 2 years experience at a certified domestic violence center. An exception granted under this paragraph does not constitute an exception from the time limitations on benefits specified under s. 414.105.

(d)  Noncompliance related to medical incapacity.--If an individual cannot participate in assigned work activities due to a medical incapacity, the individual may be excepted from the activity for a specific period, except that the individual shall be required to comply with the course of treatment necessary for the individual to resume participation. A participant may not be excused from work activity requirements unless the participant's medical incapacity is verified by a physician licensed under chapter 458 or chapter 459, in accordance with procedures established by rule of the Department of Labor and Employment Security.

(e)  Other good cause exceptions for noncompliance.--Individuals who are temporarily unable to participate due to circumstances beyond their control may be excepted from the noncompliance penalties. The Department of Labor and Employment Security may define by rule situations that would constitute good cause. These situations must include caring for a disabled family member when the need for the care has been verified and alternate care is not available.

(8)  WORK ACTIVITY REQUIREMENTS FOR NONCUSTODIAL PARENTS.--

(a)  The court may order a noncustodial parent who is delinquent in child support payments to participate in work activities under this chapter so that the parent may obtain employment and fulfill the obligation to provide support payments. A noncustodial parent who fails to satisfactorily engage in court-ordered work activities may be held in contempt.

(b)  The court may order a noncustodial parent to participate in work activities under this chapter if the child of the noncustodial parent has been placed with a relative, in an emergency shelter, in foster care, or in other substitute care, and:

1.  The case plan requires the noncustodial parent to participate in work activities; or

2.  The noncustodial parent would be eligible to participate in the WAGES Program and subject to work activity requirements if the child were living with the parent.

If a noncustodial parent fails to comply with the case plan, the noncustodial parent may be removed from program participation.

(9)  PRIORITIZATION OF WORK REQUIREMENTS.--The Department of Labor and Employment Security shall require participation in work activities to the maximum extent possible, subject to federal and state funding. If funds are projected to be insufficient to allow full-time work activities by all program participants who are required to participate in work activities, the Department of Labor and Employment Security shall screen participants and assign priority based on the following:

(a)  In accordance with federal requirements, at least one adult in each two-parent family shall be assigned priority for full-time work activities.

(b)  Among single-parent families, a family that has older preschool children or school-age children shall be assigned priority for work activities.

(c)  A participant who has access to nonsubsidized child care may be assigned priority for work activities.

(d)  Priority may be assigned based on the amount of time remaining until the participant reaches the applicable time limit for program participation or may be based on requirements of a case plan.

The Department of Labor and Employment Security may limit a participant's weekly work requirement to the minimum required to meet federal work activity requirements in lieu of the level defined in subsection (2). The department and the Department of Labor and Employment Security may develop screening and prioritization procedures within service districts or within counties based on the allocation of resources, the availability of community resources, or the work activity needs of the service district.

(10)  USE OF CONTRACTS.--The Department of Labor and Employment Security shall provide work activities, training, and other services, as appropriate, through contracts. In contracting for work activities, training, or services, the following applies:

(a)  All education and training provided under the WAGES Program shall be provided through agreements with regional workforce development boards.

(b)  A contract must be performance-based. Wherever possible, payment shall be tied to performance outcomes that include factors such as, but not limited to, job entry, job entry at a target wage, and job retention, rather than tied to completion of training or education or any other phase of the program participation process.

(c)  A contract may include performance-based incentive payments that may vary according to the extent to which the participant is more difficult to place. Contract payments may be weighted proportionally to reflect the extent to which the participant has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment. The factors may include the extent of prior receipt of welfare, lack of employment experience, lack of education, lack of job skills, and other factors determined appropriate by the Department of Labor and Employment Security.

(d)  Notwithstanding the exemption from the competitive sealed bid requirements provided in s. 287.057(3)(f) for certain contractual services, each contract awarded under this chapter must be awarded on the basis of a competitive sealed bid, except for a contract with a governmental entity as determined by the department or the Department of Labor and Employment Security.

(e)  The department or the Department of Labor and Employment Security may contract with commercial, charitable, or religious organizations. A contract must comply with federal requirements with respect to nondiscrimination and other requirements that safeguard the rights of participants. Services may be provided under contract, certificate, voucher, or other form of disbursement.

(f)  The administrative costs associated with a contract for services provided under this section may not exceed the applicable administrative cost ceiling established in federal law. An agency or entity that is awarded a contract under this section may not charge more than 7 percent of the value of the contract for administration, unless an exception is approved by the local WAGES coalition. A list of any exceptions approved must be submitted to the WAGES Program State Board of Directors for review, and the board may rescind approval of the exception. The WAGES Program State Board of Directors may also approve exceptions for any statewide contract for services provided under this section.

(g)  The Department of Labor and Employment Security may enter into contracts to provide short-term work experience for the chronically unemployed as provided in this section.

(h)  A tax-exempt organization under s. 501(c) of the Internal Revenue Code of 1986 which receives funds under this chapter must disclose receipt of federal funds on any advertising, promotional, or other material in accordance with federal requirements.

(11)  PROTECTIONS FOR PARTICIPANTS.--

(a)  Each participant is subject to the same health, safety, and nondiscrimination standards established under federal, state, or local laws that otherwise apply to other individuals engaged in similar activities who are not participants in the WAGES Program.

(b)  The Department of Labor and Employment Security shall recommend to the Legislature by December 30, 1997, policies to protect participants from discrimination, unreasonable risk, and unreasonable expectations related to work experience and community service requirements.

(12)  PROTECTION FOR CURRENT EMPLOYEES.--In establishing and contracting for work experience and community service activities, other work experience activities, on-the-job training, subsidized employment, and work supplementation under the WAGES Program, an employed worker may not be displaced, either completely or partially. A WAGES participant may not be assigned to an activity or employed in a position if the employer has created the vacancy or terminated an existing employee without good cause in order to fill that position with a WAGES Program participant.

History.--s. 10, ch. 96-175; s. 46, ch. 97-98; s. 6, ch. 97-173; s. 42, ch. 97-246; s. 4, ch. 98-57; s. 152, ch. 98-403.

¹Note.--As amended by s. 6, ch. 97-173. The words "Enterprise Florida" were deleted as part of a substitution of "the workforce development board" for the "Enterprise Florida Jobs and Education Partnership" by s. 46, ch. 97-98, a reviser's bill. Based on context and the fact that "Enterprise Florida" was left in place with the title "workforce development board" by s. 6, ch. 97-173, the full text of the board's title is published here. Section 42, ch. 97-246, which also amended s. 414.065, did not substitute the board for the partnership.

²Note.--Redesignated as paragraph (1)(j) by s. 42, ch. 97-246.

³Note.--Redesignated as s. 39.905(1)(g) by s. 117, ch. 98-403.

414.075  Resource eligibility standards.--For purposes of program simplification and effective program management, certain resource definitions, as outlined in the food stamp regulations at 7 C.F.R. s. 273.8, shall be applied to the WAGES Program as determined by the department to be consistent with federal law regarding temporary cash assistance and Medicaid for needy families, except that:

(1)  The maximum allowable resources, including liquid and nonliquid resources, of all members of the family may not exceed $2,000.

(2)  In determining the resources of a family, the following shall be excluded:

(a)  Licensed vehicles needed for individuals subject to the work participation requirement, not to exceed a combined value of $8,500, and needed for training, employment, or education purposes. For any family without an individual subject to the work participation requirement, one vehicle valued at not more than $8,500 shall be excluded. Any vehicle that is necessary to transport a physically disabled family member shall be excluded. A vehicle shall be considered necessary for the transportation of a physically disabled family member if the vehicle is specially equipped to meet the specific needs of the disabled person or if the vehicle is a special type of vehicle and makes it possible to transport the disabled person.

(b)  Funds paid to a homeless shelter which are being held for the family to enable the family to pay deposits or other costs associated with moving to a new shelter arrangement.

(3)  A vacation home that annually produces income consistent with its fair market value, and that is excluded as a resource in determining eligibility for food stamps under federal regulations, may not be excluded as a resource in determining a family's eligibility for temporary cash assistance.

(4)  An individual and the assistance group in which the individual is a current member will be ineligible for a period of 2 years from the original date of a transfer of an asset made for the purpose of qualifying for or maintaining eligibility for temporary cash assistance.

History.--s. 11, ch. 96-175; s. 7, ch. 97-173.

414.085  Income eligibility standards.--For purposes of program simplification and effective program management, certain income definitions, as outlined in the food stamp regulations at 7 C.F.R. s. 273.9, shall be applied to the WAGES Program as determined by the department to be consistent with federal law regarding temporary cash assistance and Medicaid for needy families, except as to the following:

(1)  Participation in the WAGES Program shall be limited to those families whose gross family income is equal to or less than 130 percent of the federal poverty level established in s. 673(2) of the Community Services Block Grant Act, 42 U.S.C. s. 9901(2).

(2)  Income security payments, including payments funded under part B of Title IV of the Social Security Act, as amended; supplemental security income under Title XVI of the Social Security Act, as amended; or other income security payments as defined by federal law shall be included as income to the extent required or permitted by federal law.

(3)  The first $50 of child support paid to a custodial parent receiving temporary cash assistance may not be disregarded in calculating the amount of temporary cash assistance for the family, unless such exclusion is required by federal law.

History.--s. 12, ch. 96-175; s. 8, ch. 97-173.

414.095  Determining eligibility for the WAGES Program.--

(1)  ELIGIBILITY.--An applicant must meet eligibility requirements of this section before receiving services or temporary cash assistance under this chapter, except that an applicant shall be required to engage in work activities in accordance with s. 414.065 and may receive support services or child care assistance in conjunction with such requirement. The department shall make a determination of eligibility based on the criteria listed in this chapter. The department shall monitor continued eligibility for temporary cash assistance through periodic reviews consistent with the food stamp eligibility process. Benefits shall not be denied to an individual solely based on a felony drug conviction, unless the conviction is for trafficking pursuant to s. 893.135. To be eligible under this section, an individual convicted of a drug felony must be satisfactorily meeting the requirements of the WAGES Program, including all substance abuse treatment requirements. Within the limits specified in this chapter, the state opts out of the provision of Pub. L. No. 104-193, s. 115, that eliminates eligibility for temporary cash assistance and food stamps for any individual convicted of a controlled substance felony.

(2)  ADDITIONAL ELIGIBILITY REQUIREMENTS.--

(a)  To be eligible for services or temporary cash assistance and Medicaid under the WAGES Program:

1.  An applicant must be a United States citizen, or a qualified noncitizen, as defined in this section.

2.  An applicant must be a legal resident of the state.

3.  Each member of a family must provide to the department the member's social security number or shall provide proof of application for a social security number. An individual who fails to provide to the department a social security number, or proof of application for a social security number, is not eligible to participate in the program.

4.  A minor child must reside with a custodial parent or parents or with a relative caretaker who is within the specified degree of blood relationship as defined under the WAGES Program, or in a setting approved by the department.

5.  Each family must have a minor child and meet the income and resource requirements of the program. All minor children who live in the family, as well as the parents of the minor children, shall be included in the eligibility determination unless specifically excluded.

(b)  The following members of a family are eligible to participate in the program if all eligibility requirements are met:

1.  A minor child who resides with a custodial parent or other adult caretaker relative.

2.  The parent of a minor child with whom the child resides.

3.  The caretaker relative with whom the minor child resides who chooses to have her or his needs and income included in the family.

4.  Unwed minor children and their children if the unwed minor child lives at home or in an adult-supervised setting and if temporary cash assistance is paid to an alternative payee.

5.  A pregnant woman.

(3)  ELIGIBILITY FOR NONCITIZENS.--A "qualified noncitizen" is an individual who is lawfully present in the United States as a refugee or who is granted asylum under ss. 207 and 208 of the Immigration and Nationality Act, an alien whose deportation is withheld under s. 243(h) of the Immigration and Nationality Act, or an alien who has been admitted as a permanent resident and meets specific criteria under federal law. In addition, a "qualified noncitizen" includes an individual who has been battered or subject to extreme cruelty in the United States by a spouse or a parent, and has applied for or received protection under the federal Violence Against Women Act of 1994, Pub. L. No. 103-322, if the need for benefits is related to the abuse. A "nonqualified noncitizen" is a nonimmigrant alien, including a tourist, business visitor, foreign student, exchange visitor, temporary worker, or diplomat. In addition, a "nonqualified noncitizen" includes an individual paroled into the United States for less than 1 year. A qualified noncitizen who is otherwise eligible may receive temporary cash assistance to the extent permitted by federal law. The income or resources of a sponsor and the sponsor's spouse shall be included in determining eligibility to the maximum extent permitted by federal law.

(a)  A child born in the United States to an illegal or ineligible alien is eligible for temporary cash assistance under this chapter if the family meets all eligibility requirements.

(b)  If the parent may legally work in this country, the parent must participate in the work activity requirements provided in s. 414.065, to the extent permitted under federal law.

(c)  The department shall participate in the Systematic Alien Verification for Entitlements Program (SAVE) established by the United States Immigration and Naturalization Service in order to verify the validity of documents provided by aliens and to verify an alien's eligibility.

(d)  The income of an illegal alien or ineligible alien, less a pro rata share for the illegal alien or ineligible alien, counts in determining a family's eligibility to participate in the program.

(e)  The entire assets of an ineligible alien or a disqualified individual who is a mandatory member of a family shall be included in determining the family's eligibility.

(4)  STEPPARENTS.--A family that contains a stepparent has the following special eligibility options if the family meets all other eligibility requirements:

(a)  A family that does not contain a mutual minor child has the option to include or exclude a stepparent in determining eligibility if the stepparent's monthly gross income is less than 185 percent of the federal poverty level for a two-person family.

1.  If the stepparent chooses to be excluded from the family, temporary cash assistance, without shelter expense, shall be provided for the child. The parent of the child must comply with work activity requirements as provided in s. 414.065. Income and resources from the stepparent may not be included in determining eligibility; however, any income and resources from the parent of the child shall be included in determining eligibility.

2.  If a stepparent chooses to be included in the family, the department shall determine eligibility using the requirements for a nonstepparent family. A stepparent whose income is equal to or greater than 185 percent of the federal poverty level for a two-person family does not have the option to be excluded from the family, and all income and resources of the stepparent shall be included in determining the family's eligibility.

(b)  A family that contains a mutual minor child does not have the option to exclude a stepparent from the family, and the income and resources from the stepparent shall be included in determining eligibility.

(c)  A family that contains two stepparents, with or without a mutual minor child, does not have the option to exclude a stepparent from the family, and the income and resources from each stepparent must be included in determining eligibility.

(5)  CARETAKER RELATIVES.--A family that contains a caretaker relative of a minor child has the option to include or exclude the caretaker relative in determining eligibility. If the caretaker relative chooses to be included in the family, the caretaker relative must meet all eligibility requirements, including resource and income requirements, and must comply with work activity requirements as provided in s. 414.065. If the caretaker relative chooses to be excluded from the family, eligibility shall be determined for the minor child based on the child's income and resources. The level of temporary cash assistance for the minor child shall be based on the shelter obligation paid to the caretaker relative.

(6)  PREGNANT WOMAN WITH NO OTHER CHILD.--Temporary cash assistance for a pregnant woman is not available until the last month of pregnancy. However, if the department determines that a woman is restricted from work activities by orders of a physician, temporary cash assistance shall be available during the last trimester of pregnancy.

(7)  CHILD SUPPORT ENFORCEMENT.--As a condition of eligibility for public assistance, the family must cooperate with the state agency responsible for administering the child support enforcement program in establishing the paternity of the child, if the child is born out of wedlock, and in obtaining support for the child or for the parent or caretaker relative and the child. Cooperation is defined as:

(a)  Assisting in identifying and locating a noncustodial parent and providing complete and accurate information on that parent;

(b)  Assisting in establishing paternity; and

(c)  Assisting in establishing, modifying, or enforcing a support order with respect to a child of a family member.

This subsection does not apply if the state agency that administers the child support enforcement program determines that the parent or caretaker relative has good cause for failing to cooperate.

(8)  ASSIGNMENT OF RIGHTS TO SUPPORT.--As a condition of receiving temporary cash assistance, the family must assign to the department any rights a member of a family may have to support from any other person. This applies to any family member; however, the assigned amounts must not exceed the total amount of temporary cash assistance provided to the family. The assignment of child support does not apply if the family leaves the program.

(9)  APPLICATIONS.--The date of application is the date the department or authorized entity receives a signed and dated request to participate in the WAGES Program. The request shall be denied 30 days after the initial application if the applicant fails to respond to scheduled appointments, including appointments with the state agency responsible for administering the child support enforcement program, and does not contact the department or authorized entity regarding the application.

(a)  The beginning date of eligibility for temporary cash assistance is the date on which the application is approved or 30 days after the date of application, whichever is earlier.

(b)  The add date for a newborn child is the date of the child's birth.

(c)  The add date for all other individuals is the date on which the client contacts the department to request that the individual be included in the grant for temporary cash assistance.

(d)  Medicaid coverage for a recipient of temporary cash assistance begins on the first day of the first month of eligibility for temporary cash assistance, and such coverage shall include any eligibility required by federal law which is prior to the month of application.

(10)  PARTICIPANT OPPORTUNITIES AND OBLIGATIONS.--An applicant or participant in the WAGES Program has the following opportunities and obligations:

(a)  To participate in establishing eligibility by providing facts with respect to circumstances that affect eligibility and by obtaining, or authorizing the department and the Department of Labor and Employment Security to obtain, documents or information from others in order to establish eligibility.

(b)  To have eligibility determined without discrimination based on race, color, sex, age, marital status, handicap, religion, national origin, or political beliefs.

(c)  To be advised of any reduction or termination of temporary cash assistance or food stamps.

(d)  To provide correct and complete information about the family's circumstances that relate to eligibility, at the time of application and at subsequent intervals.

(e)  To keep the department and the Department of Labor and Employment Security informed of any changes that could affect eligibility.

(f)  To use temporary cash assistance and food stamps for the purpose for which the assistance is intended.

(g)  To receive information regarding services available from certified domestic violence centers or organizations that provide counseling and supportive services to individuals who are past or present victims of domestic violence or who are at risk of domestic violence and, upon request, to be referred to such organizations in a manner which protects the individual's confidentiality.

(11)  DETERMINATION OF LEVEL OF TEMPORARY CASH ASSISTANCE.--Temporary cash assistance shall be based on a standard determined by the Legislature, subject to availability of funds. There shall be three assistance levels for a family that contains a specified number of eligible members, based on the following criteria:

(a)  A family that does not have a shelter obligation.

(b)  A family that has a shelter obligation greater than zero but less than or equal to $50.

(c)  A family that has a shelter obligation greater than $50 or that is homeless.


The following chart depicts the levels of temporary cash assistance for implementation purposes:

(12)  DISREGARDS.--

(a)  As an incentive to employment, the first $200 plus one-half of the remainder of earned income shall be disregarded. In order to be eligible for earned income to be disregarded, the individual must be:

1.  A current participant in the program; or

2.  Eligible for participation in the program without the earnings disregard.

(b)  A child's earned income shall be disregarded if the child is a family member, attends high school or the equivalent, and is 19 years of age or younger.

(13)  CALCULATION OF LEVELS OF TEMPORARY CASH ASSISTANCE.--

(a)  Temporary cash assistance shall be calculated based on average monthly gross family income, earned and unearned, less any applicable disregards. The resulting monthly net income amount shall be subtracted from the applicable payment standard to determine the monthly amount of temporary cash assistance.

(b)  A deduction may not be allowed for child care payments.

(14)  METHODS OF PAYMENT OF TEMPORARY CASH ASSISTANCE.--Temporary cash assistance may be paid as follows:

(a)  Direct payment through state warrant, electronic transfer of temporary cash assistance, or voucher.

(b)  Payment to an alternative payee.

(c)  Payment for subsidized employment.

(d)  Pay-after-performance arrangements with public or private not-for-profit agencies.

(15)  PROHIBITIONS AND RESTRICTIONS.--

(a)  A family without a minor child living in the home is not eligible to receive temporary cash assistance or services under this chapter. However, a pregnant woman is eligible for temporary cash assistance in the ninth month of pregnancy if all eligibility requirements are otherwise satisfied.

(b)  Temporary cash assistance, without shelter expense, may be available for a teen parent who is less than 19 years of age and for the child. Temporary cash assistance may not be paid directly to the teen parent but must be paid, on behalf of the teen parent and child, to an alternative payee who is designated by the department. The alternative payee may not use the temporary cash assistance for any purpose other than paying for food, clothing, shelter, and medical care for the teen parent and child and for other necessities required to enable the teen parent to attend school or a training program. In order for the child of the teen parent and the teen parent to be eligible for temporary cash assistance, the teen parent must:

1.  Attend school or an approved alternative training program, unless the child is less than 12 weeks of age or the teen parent has completed high school; and

2.  Reside with a parent, legal guardian, or other adult caretaker relative. The income and resources of the parent shall be included in calculating the temporary cash assistance available to the teen parent since the parent is responsible for providing support and care for the child living in the home.

3.  Attend parenting and family classes that provide a curriculum specified by the department, the Department of Labor and Employment Security, or the Department of Health, as available.

(c)  The teen parent is not required to live with a parent, legal guardian, or other adult caretaker relative if the department determines that:

1.  The teen parent has suffered or might suffer harm in the home of the parent, legal guardian, or adult caretaker relative.

2.  The requirement is not in the best interest of the teen parent or the child. If the department determines that it is not in the best interest of the teen parent or child to reside with a parent, legal guardian, or other adult caretaker relative, the department shall provide or assist the teen parent in finding a suitable home, a second-chance home, a maternity home, or other appropriate adult-supervised supportive living arrangement.

The department may not delay providing temporary cash assistance to the teen parent through the alternative payee designated by the department pending a determination as to where the teen parent should live and sufficient time for the move itself. A teen parent determined to need placement that is unavailable shall continue to be eligible for temporary cash assistance so long as the teen parent cooperates with the department, the Department of Labor and Employment Security, and the Department of Health. The teen parent shall be provided with counseling to make the transition from independence to supervised living and with a choice of living arrangements.

(d)  Notwithstanding any law to the contrary, if a parent or caretaker relative without good cause does not cooperate with the state agency responsible for administering the child support enforcement program in establishing, modifying, or enforcing a support order with respect to a child of a teen parent or other family member, or a child of a family member who is in the care of an adult relative, temporary cash assistance to the entire family shall be denied until the state agency indicates that cooperation by the parent or caretaker relative has been satisfactory. To the extent permissible under federal law, a parent or caretaker relative shall not be penalized for failure to cooperate with paternity establishment or with the establishment, modification, or enforcement of a support order when such cooperation could subject an individual to a risk of domestic violence. Such risk shall constitute good cause to the extent permitted by Title IV-D of the Social Security Act, as amended, or other federal law.

(e)  If a parent or caretaker relative does not assign any rights a family member may have to support from any other person as required by subsection (8), temporary cash assistance to the entire family shall be denied until the parent or caretaker relative assigns the rights to the department.

(f)  An individual who is convicted in federal or state court of receiving benefits under this chapter, Title XIX, the Food Stamp Act of 1977, or Title XVI (Supplemental Security Income), in two or more states simultaneously may not receive temporary cash assistance or services under this chapter for 10 years following the date of conviction.

(g)  An individual is ineligible to receive temporary cash assistance or services under this chapter during any period when the individual is fleeing to avoid prosecution, custody, or confinement after committing a crime, attempting to commit a crime that is a felony under the laws of the place from which the individual flees or a high misdemeanor in the State of New Jersey, or violating a condition of probation or parole imposed under federal or state law.

(h)  The parent or other caretaker relative must report to the department by the end of the 5-day period that begins on the date it becomes clear to the parent or caretaker relative that a minor child will be absent from the home for 30 or more consecutive days. A parent or caretaker relative who fails to report this information to the department shall be disqualified from receiving temporary cash assistance for 30 days for the first occurrence, 60 days for the second occurrence, and 90 days for the third or subsequent occurrence.

(i)  If the parents of a minor child live apart and equally share custody and control of the child, a parent is ineligible for temporary cash assistance unless the parent clearly demonstrates to the department that the parent provides primary day-to-day custody.

(j)  The payee of the temporary cash assistance payment is the caretaker relative with whom a minor child resides and who assumes primary responsibility for the child's daily supervision, care, and control, except in cases where a protective payee is established.

(16)  PREELIGIBILITY FRAUD SCREENING.--An applicant who meets an error-prone profile, as determined by the department, is subject to preeligibility fraud screening as a means of reducing misspent funds and preventing fraud. The department shall create an error-prone or fraud-prone case profile within its public assistance information system and shall screen each application for the WAGES Program against the profile to identify cases that have a potential for error or fraud. Each case so identified shall be subjected to preeligibility fraud screening.

(17)  PROPORTIONAL REDUCTION.--If the Social Services Estimating Conference forecasts an increase in the temporary cash assistance caseload and there is insufficient funding, a proportional reduction as determined by the department shall be applied to the levels of temporary cash assistance in subsection (11).

(18)  ADDITIONAL FUNDING.--When warranted by economic circumstances, the department, in consultation with the Social Services Estimating Conference, shall apply for additional federal funding available from the Contingency Fund for State Welfare Programs.

History.--s. 13, ch. 96-175; s. 209, ch. 97-101; s. 1031, ch. 97-103; s. 9, ch. 97-173; s. 7, ch. 98-57; s. 1, ch. 98-157; s. 33, ch. 98-397.

414.105  Time limitations of temporary cash assistance.--Unless otherwise expressly provided in this chapter, an applicant or current participant shall receive temporary cash assistance for episodes of not more than 24 cumulative months in any consecutive 60-month period that begins with the first month of participation and for not more than a lifetime cumulative total of 48 months as an adult.

(1)  The time limitation for episodes of temporary cash assistance may not exceed 36 cumulative months in any consecutive 72-month period that begins with the first month of participation and may not exceed a lifetime cumulative total of 48 months of temporary cash assistance as an adult, for cases in which the participant:

(a)  Has received aid to families with dependent children or temporary cash assistance for any 36 months of the preceding 60 months; or

(b)  Is a custodial parent under the age of 24 who:

1.  Has not completed a high school education or its equivalent; or

2.  Had little or no work experience in the preceding year.

(2)  A participant who is not exempt from work activity requirements may earn 1 month of eligibility for extended temporary cash assistance, up to maximum of 12 additional months, for each month in which the participant is fully complying with the work activities of the WAGES Program through unsubsidized private sector employment. The period for which extended temporary cash assistance is granted shall be based upon compliance with WAGES Program requirements beginning October 1, 1996. A participant may not receive temporary cash assistance under this subsection, in combination with other periods of temporary cash assistance for longer than a lifetime limit of 48 months. Hardship exemptions to the time limitations of this chapter shall be limited to 10 percent of participants in the first year of implementation of this chapter, 15 percent of participants in the second year of implementation of this chapter, and 20 percent of participants in all subsequent years. Criteria for hardship exemptions include:

(a)  Diligent participation in activities, combined with inability to obtain employment.

(b)  Diligent participation in activities, combined with extraordinary barriers to employment, including the conditions which may result in an exemption to work requirements.

(c)  Significant barriers to employment, combined with a need for additional time.

(d)  Diligent participation in activities and a need by teen parents for an exemption in order to have 24 months of eligibility beyond receipt of the high school diploma or equivalent.

(e)  A recommendation of extension for a minor child of a participating family that has reached the end of the eligibility period for temporary cash assistance. The recommendation must be the result of a review which determines that the termination of the child's temporary cash assistance would be likely to result in the child being placed into emergency shelter or foster care. Temporary cash assistance shall be provided through a protective payee. Staff of the Children and Families Program Office of the department shall conduct all assessments in each case in which it appears a child may require continuation of temporary cash assistance through a protective payee.

At the recommendation of the local WAGES coalition, temporary cash assistance under a hardship exemption for a participant who is eligible for work activities and who is not working shall be reduced by 10 percent. Upon the employment of the participant, full benefits shall be restored.

(3)  In addition to the exemptions listed in subsection (2), a victim of domestic violence may be granted a hardship exemption if the effects of such domestic violence delay or otherwise interrupt or adversely affect the individual's participation in the program. Hardship exemptions granted under this subsection shall not be subject to the percentage limitations in ¹subsection (3).

(4)  The department shall establish a procedure for reviewing and approving hardship exemptions, and the local WAGES coalitions may assist in making these determinations. The composition of any review panel must generally reflect the racial, gender, and ethnic diversity of the community as a whole. Members of a review panel shall serve without compensation but are entitled to receive reimbursement for per diem and travel expenses as provided in s. 112.016.

(5)  The cumulative total of all hardship exemptions may not exceed 12 months, may include reduced benefits at the option of the community review panel, and shall, in combination with other periods of temporary cash assistance as an adult, total no more than 48 months of temporary cash assistance. If an individual fails to comply with program requirements during a hardship exemption period, the hardship exemption shall be removed.

(6)  For individuals who have moved from another state and have legally resided in this state for less than 12 months, the time limitation for temporary cash assistance shall be the shorter of the respective time limitations used in the two states, and months in which temporary cash assistance was received under a block grant program that provided temporary assistance for needy families in any state shall count towards the cumulative 48-month benefit limit for temporary cash assistance.

(7)  For individuals subject to a time limitation under the Family Transition Act of 1993, that time limitation shall continue to apply. Months in which temporary cash assistance was received through the family transition program shall count towards the time limitations under this chapter.

(8)  Except when temporary cash assistance was received through the family transition program, the calculation of the time limitation for temporary cash assistance shall begin with the first month of receipt of temporary cash assistance after the effective date of this act.

(9)  Child-only cases are not subject to time limitations, and temporary cash assistance received while an individual is a minor child shall not count towards time limitations.

(10)  An individual who receives benefits under the Supplemental Security Income program or the Social Security Disability Insurance program is not subject to time limitations.

(11)  A person who is totally responsible for the personal care of a disabled family member is not subject to time limitations if the need for the care is verified and alternative care is not available for the family member. The department shall annually evaluate an individual's qualifications for this exemption.

(12)  A member of the WAGES Program staff shall interview and assess the employment prospects and barriers of each participant who is within 6 months of reaching the 24-month time limit. The staff member shall assist the participant in identifying actions necessary to become employed prior to reaching the benefit time limit for temporary cash assistance and, if appropriate, shall refer the participant for services that could facilitate employment.

History.--s. 14, ch. 96-175; s. 47, ch. 97-98; s. 10, ch. 97-173; s. 5, ch. 98-57.

¹Note.--Percentage limitations can be found in subsection (2).

414.115  Limited temporary cash assistance for children born to families receiving temporary cash assistance.--

(1)  The department shall provide limited additional temporary cash assistance to:

(a)  An existing temporary-cash-assistance case due to the birth of a child when the birth occurs more than 10 months after August 1, 1996; or

(b)  A new temporary-cash-assistance case when the birth occurs more than 10 months after August 1, 1996, and the application or reapplication for temporary cash assistance.

For purposes of this subsection, "an existing temporary-cash-assistance case" means a case that is receiving temporary assistance on August 1, 1996, and, if it closes any time after August 1, 1996, is closed for less than 6 continuous months; "a new temporary-cash-assistance case" means a case that was not receiving benefits on August 1, 1996; "reapplication" means a new application by a parent or other caretaker relative who has previously received temporary cash assistance in a case that has been closed for 6 continuous months or more prior to the new application.

(2)  Subsection (1) does not apply:

(a)  To a program participant who is a victim of rape or incest if the victim files a police report on the rape or incest within 30 days after the incident;

(b)  To a program participant who is confirmed by the Title IV-D child support agency as having been granted an exemption from participating in requirements for the enforcement of child support due to circumstances consistent with the conception of the child as a result of rape, incest, or sexual exploitation. A child for whom an exemption is claimed under this paragraph and for whom an application has been made for a good-cause exemption from the requirements of s. 414.095 shall receive temporary benefits until a determination is made on the application for a good-cause exemption from the requirements of s. 414.095;

(c)  To children who are the firstborn, including all children in the case of multiple birth, of minors included in a temporary cash assistance group who as minors become first-time parents;

(d)  To a child when parental custody has been legally transferred; or

(e)  To a child who is no longer able to live with his or her parents as a result of:

1.  The death of the child's parent or parents;

2.  The incapacity of the child's parent or parents as documented by a physician, such that the parent or parents are unable to care for the child;

3.  Legal transfer of the custody of the child to another individual;

4.  Incarceration of the child's parent or parents, except that the child shall not receive temporary cash assistance if a parent is subsequently released and reunited with the child; or

5.  A situation in which the child's parent's or parents' institutionalization is expected to be for an extended period, as defined by the department.

(3)  A child born subject to this section shall be considered a recipient of temporary cash assistance for all purposes, including Medicaid eligibility.

(4)  For the first child born to a recipient under subsection (1), the department shall provide temporary cash assistance equal to 50 percent of the maximum allowable amount for an individual. This provision does not apply to a child who is born into a family that does not include other children.

(5)  For a second or subsequent child born to a recipient under subsection (1), the department shall provide no additional temporary cash assistance.

History.--s. 15, ch. 96-175; s. 1032, ch. 97-103; s. 11, ch. 97-173; s. 8, ch. 98-57.

414.122  Withholding of payments based on evidence of fraud.--The department shall withhold payment from a recipient of temporary cash assistance when, after redetermination of eligibility or at any other time, the department obtains evidence that may indicate fraud on the part of the recipient. When evidence of such fraud is obtained, the recipient shall be notified that because of such evidence of fraud the following payment will be withheld unless the recipient meets with a representative of the department by a specified date, which must be within 10 days after the date of the notice, to discuss and resolve the matter. The department shall make every effort to resolve the matter within a timeframe that will not cause payment to be withheld from an eligible recipient of temporary cash assistance.

History.--s. 87, ch. 96-175; s. 12, ch. 97-173.

414.125  Learnfare program.--

(1)  The department shall reduce the temporary cash assistance for a participant's eligible dependent child or for an eligible teenage participant who has not been exempted from education participation requirements during a grading period in which the child or teenage participant has accumulated a number of unexcused absences from school that is sufficient to jeopardize the student's academic progress, in accordance with rules adopted by the department with input from the Department of Education. The temporary cash assistance must be reinstituted after a subsequent grading period in which the child has substantially improved the child's attendance. Good cause exemptions from the rule of unexcused absences include the following:

(a)  The student is expelled from school and alternative schooling is not available.

(b)  No licensed day care is available for a child of teen parents subject to Learnfare.

(c)  Prohibitive transportation problems exist (e.g., to and from day care).

(d)  The teen is over 16 years of age and not expected to graduate from high school by age 20.

Within 10 days after sanction notification, the participant parent of a dependent child or the teenage participant may file an internal fair hearings process review procedure appeal, and no sanction shall be imposed until the appeal is resolved.

(2)  Each participant with a school-age child is required to have a conference with an appropriate school official of the child's school during each grading period to assure that the participant is involved in the child's educational progress and is aware of any existing attendance or academic problems. The conference must address acceptable student attendance, grades, and behavior and must be documented by the school and reported to the department. The department shall notify a school of any student in attendance at that school who is a participant in the Learnfare program in order that the required conferences are held. A participant who without good cause fails to attend a conference with a school official is subject to the sanction provided in subsection (1).

History.--s. 1, ch. 95-431; s. 16, ch. 96-175; s. 13, ch. 97-173; s. 7, ch. 97-234.

Note.--Former s. 409.1855.

414.13  Immunizations.--Each applicant who has a preschool child must begin and complete appropriate childhood immunizations for the child as a condition of eligibility. At the time of application and redetermination of eligibility, the department shall advise applicants and participants of the availability of childhood immunizations through the county health department. Each participant who has a preschool child must verify compliance with the section. If a participant fails to provide such verification, the child for whom such verification is not provided shall be removed from consideration for purposes of calculating the assistance available to the family. If the child subject to this requirement is the only child in the family, participation in the program shall be terminated until verification of compliance is provided. The department shall waive this requirement if the failure to immunize the child is because of religious reasons or other good cause, as defined by the department.

History.--s. 18, ch. 93-136; s. 17, ch. 96-175; s. 210, ch. 97-101.

Note.--Former s. 409.938.

414.14  Public assistance policy simplification.--To the extent possible, the department shall align the requirements for eligibility under this chapter with the food stamp program and medical assistance eligibility policies and procedures to simplify the budgeting process and reduce errors. If the department determines that s. 414.075, relating to resources, or s. 414.085, relating to income, is inconsistent with related provisions of federal law which govern the food stamp program or medical assistance, and that conformance to federal law would simplify administration of the WAGES Program or reduce errors without materially increasing the cost of the program to the state, the secretary of the department may propose a change in the resource or income requirements of the program by rule. The secretary shall provide written notice to the President of the Senate, the Speaker of the House of Representatives, and the chairpersons of the relevant committees of both houses of the Legislature summarizing the proposed modifications to be made by rule and changes necessary to conform state law to federal law. The proposed rule shall take effect 14 days after written notice is given unless the President of the Senate or the Speaker of the House of Representatives advises the secretary that the proposed rule exceeds the delegated authority of the Legislature.

History.--s. 6, ch. 89-334; s. 18, ch. 96-175.

Note.--Former s. 409.186.

414.15  Diversion.--

(1)  A segment of applicants do not need ongoing temporary cash assistance, but, due to an unexpected circumstance or emergency situation, require some immediate assistance in meeting a financial obligation while they are securing employment or child support. These immediate obligations may include a shelter or utility payment, a car repair to continue employment, or other assistance which will alleviate the applicant's emergency financial need and allow the person to focus on obtaining or continuing employment.

(2)  Up-front diversion shall involve four steps:

(a)  Linking applicants with job opportunities as the first option to meet the assistance group's need.

(b)  Where possible, offering one-time help as an alternative to welfare.

(c)  Screening applicants to respond to emergency needs.

(d)  Performing up-front fraud prevention investigations, if appropriate.

(3)  Before finding an applicant family eligible for up-front diversion funds, the department must determine that all requirements of eligibility would likely be met.

(4)  The department shall screen each applicant family on a case-by-case basis for barriers to obtaining or retaining employment. The screening shall identify barriers that, if corrected, may prevent the family from receiving temporary cash assistance on a regular basis. Assistance to overcome a barrier to employment is not limited to cash, but may include vouchers or other in-kind benefits.

(5)  The diversion payment shall be limited to an amount not to exceed 2 months' temporary cash assistance, based on family size.

(6)  The family receiving up-front diversion must sign an agreement restricting the family from applying for temporary cash assistance for 3 months, unless an emergency is demonstrated to the department. If a demonstrated emergency forces the family to reapply for temporary cash assistance within 3 months after receiving a diversion payment, the diversion payment shall be prorated over the 2-month period and subtracted from any regular payment of temporary cash assistance for which the applicant may be eligible.

History.--s. 19, ch. 96-175; s. 14, ch. 97-173.

414.155  Relocation assistance program.--

(1)  The Legislature recognizes that the need for public assistance may arise because a family is located in an area with limited employment opportunities, because of geographic isolation, because of formidable transportation barriers, because of isolation from their extended family, or because domestic violence interferes with the ability of a parent to maintain self-sufficiency. Accordingly, there is established a program to assist families in relocating to communities with greater opportunities for self-sufficiency.

(2)  The relocation assistance program shall involve five steps by the Department of Children and Family Services or the Department of Labor and Employment Security:

(a)  A determination that the family is a WAGES Program participant or that all requirements of eligibility for the WAGES Program would likely be met.

(b)  A determination that there is a basis for believing that relocation will contribute to the ability of the applicant to achieve self-sufficiency. For example, the applicant:

1.  Is unlikely to achieve independence at the current community of residence;

2.  Has secured a job that requires relocation to another community;

3.  Has a family support network in another community; or

4.  Is determined, pursuant to criteria or procedures established by the WAGES Program State Board of Directors, to be a victim of domestic violence who would experience reduced probability of further incidents through relocation.

(c)  Establishment of a relocation plan, including a budget and such requirements as are necessary to prevent abuse of the benefit and to provide an assurance that the applicant will relocate. The plan may require that expenditures be made on behalf of the recipient. However, the plan must include provisions to protect the safety of victims of domestic violence and avoid provisions that place them in anticipated danger. The payment to defray relocation expenses shall be limited to an amount not to exceed 4 months' temporary cash assistance, based on family size.

(d)  A determination, pursuant to criteria adopted by the WAGES Program State Board of Directors, that a Florida community receiving a relocated family has the capacity to provide needed services and employment opportunities.

(e)  Monitoring the relocation.

(3)  A family receiving relocation assistance for reasons other than domestic violence must sign an agreement restricting the family from applying for temporary cash assistance for 6 months, unless an emergency is demonstrated to the department. If a demonstrated emergency forces the family to reapply for temporary cash assistance within 6 months after receiving a relocation assistance payment, repayment must be made on a prorated basis over an 8-month period and subtracted from any regular payment of temporary cash assistance for which the applicant may be eligible.

(4)  The Department of Labor and Employment Security shall have authority to adopt rules pursuant to the Administrative Procedure Act to determine that a community has the capacity to provide services and employment opportunities for a relocated family.

(5)  The Department of Children and Family Services shall have authority to adopt rules pursuant to the Administrative Procedure Act to develop and implement relocation plans and to draft an agreement restricting a family from applying for temporary cash assistance within 6 months after receiving a relocation assistance payment.

History.--s. 24, ch. 98-57.

414.16  Emergency assistance program.--

(1)  DEFINITION.--For purposes of this section, the term "family in an emergency situation" means a family that is totally without shelter or that faces the loss of shelter due to any of the following:

(a)  Nonpayment of rent or mortgage which resulted in eviction or legal notice of impending eviction, if such nonpayment is not the result of willful negligence;

(b)  Household disaster, such as fire, flood, earthquake, or other accident, which renders the home uninhabitable; or

(c)  Such other emergency situations as defined by rule of the department, subject to federal guidelines.

(2)  ESTABLISHMENT OF PROGRAM.--The department may establish an emergency assistance program for families.

(3)  CRITERIA.--The department shall develop criteria for implementation of the program in accordance with the following guidelines:

(a)  Assistance under this program is limited to families with at least one minor child who lives with a parent or caretaker relative.

(b)  The family may not have liquid assets that could be made available to meet the emergency.

(c)  Assistance under this program is limited to no more than one payment in any 12-month period for the same family. This payment may be made separately or in conjunction with diversion assistance. A family may not receive assistance under this section for longer than 3 consecutive years.

(d)  Assistance shall be in the form of a one-party check, made payable to the landlord, mortgageholder, or vendor, and is limited to the amount of 1 month's rent, mortgage payment, or cost for emergency housing, and related expenses as defined by rule of the department. The amount of such payment must be based upon demonstrated need, but may not exceed a maximum established by the Legislature.

(e)  The family's adjusted gross income may not exceed the prevailing standard for participation in the WAGES Program for the family's size.

(f)  Loss of income may not be the result of a strike or the result of voluntary termination of employment, unless good cause can be shown for such voluntary termination.

(g)  The department shall deny eligibility if the applicant fails to demonstrate, pursuant to the rules adopted by the department, that income and resources limited the applicant's ability to avoid the emergency.

(h)  The department may deny eligibility if it determines that the applicant who is eligible with respect to income and resources has otherwise abused the program.

(4)  RENTAL SECURITY DEPOSIT ASSISTANCE.--

(a)  The department shall develop criteria necessary to implement a recoupment program related to security deposit assistance provided under paragraph (3)(d). Assistance shall be in the form of direct payment of security deposits to landlords of families eligible for emergency assistance. When the family vacates the rental unit, the landlord shall refund to the department the amount of the deposit remaining after subtracting any amount retained for damages pursuant to the lease. The family shall repay to the department the cost of any damages assessed which exceed normal wear and tear. The total amount owed to the department shall be prorated and subtracted from any temporary cash assistance for which the family may be eligible.

(b)  This program shall be funded from the appropriation for the emergency assistance program unless this procedure conflicts with federal requirements or the cost of recapturing rental deposits exceeds the amount recaptured.

(c)  There is created an Emergency Housing Trust Fund in the State Treasury to be used by the department for the purpose of making grants to eligible persons pursuant to this section. Repayments of funds disbursed under the emergency assistance program shall be deposited in this trust fund to the extent allowed by federal and state regulations and may not revert to the General Revenue Fund.

History.--s. 11, ch. 87-106; s. 16, ch. 90-275; s. 51, ch. 92-58; s. 20, ch. 96-175; s. 15, ch. 97-173.

Note.--Former s. 420.627.

414.17  Audits.--The WAGES Program is subject to the audit requirements of 31 U.S.C. ss. 5701 et seq.

History.--s. 21, ch. 96-175.

414.175  Review of existing waivers.--

(1)  The Department of Children and Family Services shall review existing waivers granted to the department by the Federal Government and determine if such waivers continue to be necessary based on the flexibility granted to states by federal law. If it is determined that termination of the waivers would reduce or eliminate potential federal cost neutrality liability, the department may take action in accordance with federal requirements. In taking such action, the department may continue research initiated in conjunction with such waivers if the department determines that continuation will provide program findings that will be useful in assessing future welfare reform alternatives.

(2)  The department shall review federal law, including revisions to federal food stamp requirements. If the department determines that federal food stamp waivers will further the goals of this chapter, including simplification of program policies or program administration, the department may obtain waivers if this can be accomplished within available resources.

History.--s. 22, ch. 96-175; s. 211, ch. 97-101; s. 16, ch. 97-173.

414.20  Other support services.--Support services shall be provided, if resources permit, to assist participants in complying with work activity requirements outlined in s. 414.065. If resources do not permit the provision of needed support services, the department and the Department of Labor and Employment Security may prioritize or otherwise limit provision of support services. This section does not constitute an entitlement to support services. Lack of provision of support services may be considered as a factor in determining whether good cause exists for failing to comply with work activity requirements but does not automatically constitute good cause for failing to comply with work activity requirements, and does not affect any applicable time limit on the receipt of temporary cash assistance or the provision of services under this chapter. Support services shall include, but need not be limited to:

(1)  TRANSPORTATION.--Transportation expenses may be provided to any participant when the assistance is needed to comply with work activity requirements or employment requirements, including transportation to and from a child care provider. Payment may be made in cash or tokens in advance or through reimbursement paid against receipts or invoices. Transportation services may include, but are not limited to, cooperative arrangements with the following: public transit providers; community transportation coordinators designated under chapter 427; school districts; churches and community centers; donated motor vehicle programs, van pools, and ridesharing programs; small enterprise developments and entrepreneurial programs that encourage WAGES participants to become transportation providers; public and private transportation partnerships; and other innovative strategies to expand transportation options available to program participants.

(a)  Local WAGES coalitions are authorized to provide payment for vehicle operational and repair expenses, including repair expenditures necessary to make a vehicle functional; vehicle registration fees; driver's license fees; and liability insurance for the vehicle for a period of up to 6 months. Request for vehicle repairs must be accompanied by an estimate of the cost prepared by a repair facility registered under s. 559.904.

(b)  Transportation disadvantaged funds as defined in chapter 427 do not include WAGES support services funds or funds appropriated to assist persons eligible under the Job Training Partnership Act. It is the intent of the Legislature that local WAGES coalitions and regional workforce development boards consult with local community transportation coordinators designated under chapter 427 regarding the availability and cost of transportation services through the coordinated transportation system prior to contracting for comparable transportation services outside the coordinated system.

(2)  ANCILLARY EXPENSES.--Ancillary expenses such as books, tools, clothing, fees, and costs necessary to comply with work activity requirements or employment requirements may be provided.

(3)  MEDICAL SERVICES.--A family that meets the eligibility requirements for Medicaid shall receive medical services under the Medicaid program.

(4)  PERSONAL AND FAMILY COUNSELING AND THERAPY.--Counseling may be provided to participants who have a personal or family problem or problems caused by substance abuse that is a barrier to compliance with work activity requirements or employment requirements. In providing these services, the department and the Department of Labor and Employment Security shall use services that are available in the community at no additional cost. If these services are not available, the department and the Department of Labor and Employment Security may use support services funds. Personal or family counseling not available through Medicaid may not be considered a medical service for purposes of the required statewide implementation plan or use of federal funds.

History.--s. 23, ch. 96-175; s. 17, ch. 97-173; s. 14, ch. 98-57.

414.21  Transitional medical benefits.--

(1)  A family that loses its temporary cash assistance due to earnings shall remain eligible for Medicaid without reapplication during the immediately succeeding 12-month period if private medical insurance is unavailable from the employer or is unaffordable.

(a)  The family shall be denied Medicaid during the 12-month period for any month in which the family does not include a dependent child.

(b)  The family shall be denied Medicaid if, during the second 6 months of the 12-month period, the family's average gross monthly earnings during the preceding month exceed 185 percent of the federal poverty level.

(2)  The family shall be informed of transitional Medicaid when the family is notified of the termination of temporary cash assistance. The notice must include a description of the circumstances in which the transitional Medicaid may be terminated.

History.--s. 24, ch. 96-175; s. 18, ch. 97-173.

414.22  Transitional education and training.--In order to assist current and former participants in continuing their training and upgrading their skills, education, or training, support services may be provided to a participant for up to 2 years after the participant is no longer eligible to participate in the program. This section does not constitute an entitlement to transitional education and training. If funds are not sufficient to provide services under this section, the Department of Labor and Employment Security may limit or otherwise prioritize transitional education and training.

(1)  Education or training resources available in the community at no additional cost to the Department of Labor and Employment Security shall be used whenever possible.

(2)  The Department of Labor and Employment Security may authorize child care or other support services in addition to services provided in conjunction with employment. For example, a participant who is employed full time may receive subsidized child care related to that employment and may also receive additional subsidized child care in conjunction with training to upgrade the participant's skills.

(3)  Transitional education or training must be job-related, but may include training to improve job skills in a participant's existing area of employment or may include training to prepare a participant for employment in another occupation.

(4)  The Department of Labor and Employment Security may enter into an agreement with an employer to share the costs relating to upgrading the skills of participants hired by the employer. For example, the department may agree to provide support services such as transportation or a wage subsidy in conjunction with training opportunities provided by the employer.

History.--s. 25, ch. 96-175; s. 19, ch. 97-173.

414.225  Transitional transportation.--In order to assist former WAGES participants in maintaining and sustaining employment, transportation may be provided, if funds are available, for up to 1 year after the participant is no longer eligible to participate in the program due to earnings. This does not constitute an entitlement to transitional transportation. If funds are not sufficient to provide services under this section, the department may limit or otherwise prioritize transportation services.

(1)  Transitional transportation must be job related.

(2)  Transitional transportation may include expenses identified in s. 414.20.

History.--s. 16, ch. 98-57.

414.23  Evaluation.--The department and the Department of Labor and Employment Security shall arrange for evaluation of programs operated under this chapter, as follows:

(1)  If required by federal waivers or other federal requirements, the department and the Department of Labor and Employment Security may provide for evaluation according to these requirements.

(2)  The department and the Department of Labor and Employment Security shall participate in the evaluation of this program in conjunction with evaluation of the state's workforce development programs or similar activities aimed at evaluating program outcomes, cost-effectiveness, or return on investment, and the impact of time limits, sanctions, and other welfare reform measures set out in this chapter. Evaluation shall also contain information on the number of participants in work experience assignments who obtain unsubsidized employment, including, but not limited to, the length of time the unsubsidized job is retained, wages, and the public benefits, if any, received by such families while in unsubsidized employment. The evaluation shall solicit the input of consumers, community-based organizations, service providers, employers, and the general public, and shall publicize, especially in low-income communities, the process for submitting comments.

(3)  The department and the Department of Labor and Employment Security may share information with and develop protocols for information exchange with the Florida Education and Training Placement Information Program.

(4)  The department and the Department of Labor and Employment Security may initiate or participate in additional evaluation or assessment activities that will further the systematic study of issues related to program goals and outcomes.

(5)  In providing for evaluation activities, the department and the Department of Labor and Employment Security shall safeguard the use or disclosure of information obtained from program participants consistent with federal or state requirements. The department and the Department of Labor and Employment Security may use evaluation methodologies that are appropriate for evaluation of program activities, including random assignment of recipients or participants into program groups or control groups. To the extent necessary or appropriate, evaluation data shall provide information with respect to the state, district, or county, or other substate area.

(6)  The department and the Department of Labor and Employment Security may contract with a qualified organization for evaluations conducted under this section.

(7)  Evaluations described in this section are exempt from the provisions of s. 381.85.

History.--s. 26, ch. 96-175; s. 20, ch. 97-173; s. 68, ch. 97-237.

414.24  Integrated welfare reform and child welfare services.--The department shall develop integrated service delivery strategies to better meet the needs of families subject to work activity requirements who are involved in the child welfare system or are at high risk of involvement in the child welfare system. To the extent that resources are available, the department and the Department of Labor and Employment Security shall provide funds to one or more service districts to promote development of integrated, nonduplicative case management within the department, the Department of Labor and Employment Security, other participating government agencies, and community partners. Alternative delivery systems shall be encouraged which include well-defined, pertinent outcome measures. Other factors to be considered shall include innovation regarding training, enhancement of existing resources, and increased private sector and business sector participation.

History.--s. 27, ch. 96-175; s. 21, ch. 97-173.

414.25  Exemption from leased real property requirements.--In order to facilitate implementation of this chapter with respect to establishing jobs and benefits offices, the Department of Labor and Employment Security and the Department of Children and Family Services are exempt from the requirements of s. 255.25(2)(b) and (3)(a) which relate to the requirement of advertisement for and receipt of competitive bids for the procurement of leased real property. This exemption expires June 30, 1999.

History.--s. 28, ch. 96-175; s. 212, ch. 97-101; s. 22, ch. 97-173; s. 15, ch. 98-57.

414.26  Court-appointed guardian unnecessary.--It is unnecessary for any incompetent person entitled to public assistance payments, as provided by this chapter, to have a court-appointed guardian in order to receive such payments if said incompetent person is living in the household with an adult family member or there is a responsible person who will act in his or her behalf.

History.--s. 1, ch. 69-268; s. 1, ch. 70-255; s. 29, ch. 96-175; s. 1033, ch. 97-103.

Note.--Former s. 409.295.

414.27  Temporary cash assistance; payment on death.--

(1)  Upon the death of any person receiving temporary cash assistance through the Department of Children and Family Services, all temporary cash accrued to such person from the date of last payment to the date of death shall be paid to the person who shall have been designated by her or him on a form prescribed by the department and filed with the department during the lifetime of the person making such designation. If no designation is made, or the person so designated is no longer living or cannot be found, then payment shall be made to such person as may be designated by the circuit judge of the county where the recipient of temporary cash assistance resided. Designation by the circuit judge may be made on a form provided by the department or by letter or memorandum to the Comptroller. No filing or recording of the designation shall be required, and the circuit judge shall receive no compensation for such service. If a warrant has not been issued and forwarded prior to notice by the department of the recipient's death, upon notice thereof, the department shall promptly requisition the Comptroller to issue a warrant in the amount of the accrued temporary cash assistance payable to the person designated to receive it and shall attach to the requisition the original designation of the deceased recipient, or if none, the designation made by the circuit judge, as well as a notice of death. The Comptroller shall issue a warrant in the amount payable.

(2)  If a warrant has been issued and not cashed by the recipient payee prior to her or his death, such warrant shall be promptly returned to the department, together with notice of the death of the recipient. The original warrant shall be endorsed on the back by an authorized employee of the department. The endorsement must be on a form prescribed by the department and approved by the Comptroller which must contain the name of the deceased recipient, a statement of the recipient's death, and the date thereof and state that it is payable to the order of the designated beneficiary, without recourse. The form shall be signed by the authorized employee or employees of the department, and thereupon such warrant shall be payable to the designated beneficiary as fully and completely as if made payable to her or him when issued. The department shall furnish to the Comptroller each month a list of such deceased recipients, the designated beneficiaries or persons to whom such warrants are endorsed, and a description of such warrants as herein provided. The department shall cause all persons receiving temporary cash assistance to make the designations as soon as conveniently may be, and shall preserve such designations in a safe place for use.

History.--s. 1, ch. 69-268; ss. 12, 19, 35, ch. 69-106; s. 1, ch. 70-255; s. 26, ch. 73-334; s. 284, ch. 77-147; s. 30, ch. 96-175; s. 213, ch. 97-101; s. 1034, ch. 97-103; s. 23, ch. 97-173.

Note.--Former s. 409.315.

414.28  Public assistance payments to constitute debt of recipient.--

(1)  CLAIMS.--The acceptance of public assistance creates a debt of the person accepting assistance, which debt is enforceable only after the death of the recipient. The debt thereby created is enforceable only by claim filed against the estate of the recipient after his or her death or by suit to set aside a fraudulent conveyance, as defined in subsection (3). After the death of the recipient and within the time prescribed by law, the department may file a claim against the estate of the recipient for the total amount of public assistance paid to or for the benefit of such recipient, reimbursement for which has not been made. Claims so filed shall take priority as class 3 claims as provided by s. 733.707(1)(g).

(2)  DISCHARGE OF DEBT.--The debt created by this section shall be discharged pursuant to s. 733.710 unless the department institutes probate proceedings as a creditor, files a timely claim against the estate of the debtor, or institutes a suit to set aside a fraudulent conveyance as defined in subsection (3).

(3)  FRAUDULENT CONVEYANCE.--Any person who transfers or encumbers his or her property for an inadequate consideration with the intent of defeating or hindering the claim of the department for reimbursement shall have made a fraudulent conveyance, and such transfer or encumbrance is void and of no effect as against the claim of the department if the department institutes a suit to set aside the conveyance within 1 year after the death of the debtor. A transfer or encumbrance for an inadequate consideration made within 6 months immediately preceding the death of the transferor is presumed to have been made with the intent of defeating or hindering the claim of the department. This section does not void any conveyance or encumbrance that is made upon and for good consideration and bona fide, as to any person or persons or bodies, politic or corporate.

(4)  ENFORCEMENT AGAINST HOMESTEAD PROHIBITED.--The claim created in this section is not enforceable against a homestead of realty or personalty as defined and provided for in s. 4, Art. X of the State Constitution or against household furnishings and furniture.

(5)  AUTHORITY TO COMPROMISE AND SETTLE.--The department may:

(a)  Enter the appearance of the state in any proceeding affecting the property on which the state has a claim;

(b)  Institute probate proceedings as a creditor of deceased persons and, either in the course of or in the absence of and apart from any action or proceeding, enter into any stipulation, compromise, settlement, or other agreement in respect to such claim affecting such property as may seem wise;

(c)  Execute and deliver any such stipulation, modification, quitclaim, release, partial release, discharge, extension, agreement, satisfaction, partial satisfaction, or subordination, or other contract, stipulation, or agreement that the interest of the parties or the circumstances of the case may make advisable; and

(d)  Discharge the differences between the claim and any compromise settlement.

(6)  NOTICE.--The department shall notify all persons receiving or applying for public assistance that all public assistance grants paid constitute a claim against the estate of each recipient. The notice may be given by letter mailed to the last known address of each recipient, but the failure to give such notice does not affect the validity of the claim.

(7)  ACCEPTANCE OF OFFERS TO REPAY.--Any person who desires to repay all or part of the amount paid under any public assistance program may do so in accordance with a procedure to be adopted by the department. Such rules shall provide for the immediate sale of any real property or the state's equity in any real property so acquired in the manner that is most expedient and advantageous to the state.

(8)  DISPOSITION OF FUNDS RECOVERED.--All funds collected under this section shall be deposited with the Department of Banking and Finance and a report of such deposit made to the department. After payment of costs the sums so collected shall be credited to the department and used by it.

(9)  RULES.--The department may adopt rules to administer this section.

(10)  PUBLIC ASSISTANCE.--For the purposes of this section, the term "public assistance" includes all money payments made to or on behalf of a recipient, including, but not limited to, temporary cash assistance received under this chapter, the Medicaid program, and mandatory and optional supplement payments under the Social Security Act.

History.--s. 1, ch. 69-268; ss. 12, 19, 35, ch. 69-106; s. 1, ch. 70-255; s. 1, ch. 70-439; s. 145, ch. 77-104; s. 16, ch. 78-433; s. 103, ch. 79-164; s. 2, ch. 79-382; s. 62, ch. 91-282; s. 31, ch. 96-175; s. 1, ch. 96-218; s. 214, ch. 97-101; s. 1035, ch. 97-103; s. 24, ch. 97-173; s. 33, ch. 98-191.

Note.--Former s. 409.345.

414.29  Lists of recipients of temporary cash assistance open.--

(1)  The lists of names of all persons who have received payments of temporary cash assistance and the amounts of such payments are a matter of public record. They are available for inspection, subject to the limitations specified in subsection (2), at the local offices in the counties wherein the recipients of such payments reside.

(2)(a)  It is unlawful for any person, for herself or himself, or for any other person, body, association, firm, corporation, group, or agency, to solicit, disclose, receive, or make use of, or to authorize, knowingly permit, participate in or acquiesce in the use of, any of the lists or parts of such lists of names of recipients of temporary cash assistance for commercial or political purposes of any nature.

(b)  Any person who violates any provision of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 1, ch. 69-268; s. 1, ch. 70-255; s. 355, ch. 71-136; s. 114, ch. 71-355; s. 7, ch. 91-71; s. 32, ch. 96-175; s. 257, ch. 96-406; s. 1036, ch. 97-103; s. 25, ch. 97-173.

Note.--Former s. 409.355.

414.31  State agency for administering federal food stamp program.--

(1)  The department shall place into operation in each of the several counties of the state a food stamp program as authorized by the Congress of the United States. The department is designated as the state agency responsible for the administration and operation of such programs.

(2)  The department shall provide for such instruction and counseling as will best assure that the recipients are able to provide a nutritionally adequate diet through the increased purchasing power received. This program shall be administered and operated in such a way that the distribution of food stamps shall be in locations reasonably accessible to those areas in which persons eligible for the benefit of this program are likely to be concentrated.

History.--s. 1, ch. 69-268; ss. 19, 35, ch. 69-106; s. 1, ch. 70-201; s. 1, ch. 70-255; ss. 1, 2, ch. 72-298; s. 33, ch. 96-175.

Note.--Former s. 409.275.

414.32  Prohibitions and restrictions with respect to food stamps.--

(1)  COOPERATION WITH CHILD SUPPORT ENFORCEMENT AGENCY.--

(a)  A parent or caretaker relative who receives temporary cash assistance or food stamps on behalf of a child under 18 years of age who has an absent parent is ineligible for food stamps unless the parent or caretaker relative cooperates with the state agency that administers the child support enforcement program in establishing the paternity of the child, if the child is born out of wedlock, and in obtaining support for the child or for the parent or caretaker relative and the child. This paragraph does not apply if the state agency that administers the child support enforcement program determines that the parent or caretaker relative has good cause for failing to cooperate.

(b)  A putative or identified noncustodial parent of a child under 18 years of age is ineligible for food stamps if the parent fails to cooperate with the state agency that administers the child support enforcement program in establishing the paternity of the child, if the child is born out of wedlock, or fails to provide support for the child. This paragraph does not apply if the state agency that administers the child support enforcement program determines that the noncustodial parent has good cause for refusing to cooperate in establishing the paternity of the child.

(2)  DISQUALIFICATION FOR CHILD SUPPORT ARREARS.--An individual is ineligible to participate in the food stamp program as a member of a food stamp assistance group during any month in which the individual is delinquent in any payment due under a court order for the support of a child. This subsection does not apply if the court is allowing the individual to delay payment for the support of a child or if the individual is complying with a payment plan approved by the court or the state agency that administers the child support enforcement program.

(3)  REDUCTION OR DENIAL OF TEMPORARY CASH ASSISTANCE.--The food stamp allotment shall be reduced or terminated as otherwise provided in this chapter if temporary cash assistance under the WAGES Program is reduced or denied because an individual in the family fails to perform an action required under the program.

(4)  DENIAL OF FOOD STAMP BENEFITS FOR RECEIPT OF MULTIPLE FOOD STAMP BENEFITS.--An individual is ineligible to participate in the food stamp program individually, or as a member of any assistance group, for 10 years following a conviction in federal or state court of having made a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple benefits simultaneously under the food stamp program.

(5)  DENIAL OF FOOD STAMP BENEFITS TO FLEEING FELONS.--An individual is ineligible to participate in the food stamp program during any period when the individual is fleeing to avoid prosecution, custody, or confinement after committing a crime, attempting to commit a crime that is a felony under the laws of the place from which the individual flees or a high misdemeanor in the State of New Jersey, or violating a condition of probation or parole imposed under federal or state law.

History.--s. 34, ch. 96-175; s. 26, ch. 97-173; s. 34, ch. 98-397.

414.33  Violations of food stamp program.--

(1)  In accordance with federal law and regulations, the department shall establish procedures for notifying the appropriate federal and state agencies of any violation of federal or state laws or rules governing the food stamp program.

(2)  In addition, the department shall establish procedures for referring to the Division of Public Assistance Fraud within the Office of the Auditor General any case that involves a suspected violation of federal or state law or rules governing the administration of the food stamp program.

History.--s. 35, ch. 96-175.

414.34  Annual report concerning administrative complaints and disciplinary actions involving food stamp program violations.--The department shall prepare and submit a report to the President of the Senate, the Speaker of the House of Representatives, the chairs of the legislative Health and Rehabilitative Services committees, and the Division of Public Assistance Fraud by January 1 of each year. In addition to any other information the Legislature may require, the report must include statistics and relevant information detailing:

(1)  The number of complaints received and investigated.

(2)  The number of findings of probable cause made.

(3)  The number of findings of no probable cause made.

(4)  The number of administrative complaints filed.

(5)  The disposition of all administrative complaints.

(6)  The number of criminal complaints brought under s. 414.39, and their disposition.

(7)  The status of the development and implementation of rules governing the electronic benefits transfer program, including any recommendations for statutory changes.

History.--s. 7, ch. 92-125; ss. 36, 96, ch. 96-175.

Note.--Former s. 409.328.

414.35  Emergency relief.--

(1)  The department shall, by October 1, 1978, adopt rules for the administration of emergency assistance programs delegated to the department either by executive order in accordance with the Disaster Relief Act of 1974 or pursuant to the Food Stamp Act of 1977.

(2)  In promulgating the rules required in this section, the department shall give particular consideration to the prevention of fraud in emergency assistance programs. Such rules shall, at a minimum, provide for:

(a)  Verification of an applicant's identity and address.

(b)  Determination of an applicant's need for assistance and verification of an applicant's need in accordance with appropriate federal law and regulations.

(c)  The timely and adequate dissemination of accurate certification information to local emergency management agencies.

(3)  In administering emergency food stamp and other emergency assistance programs, the department shall cooperate fully with the United States Government and with other departments, instrumentalities, and agencies of this state.

History.--s. 12, ch. 78-433; s. 43, ch. 83-334; s. 37, ch. 96-175; s. 27, ch. 97-173.

Note.--Former s. 409.60.

414.36  Public assistance overpayment recovery program; contracts.--

(1)  The department shall develop and implement a plan for the statewide privatization of activities relating to the recovery of public assistance overpayment claims. These activities shall include, at a minimum, voluntary cash collections functions for recovery of fraudulent and nonfraudulent benefits paid to recipients of temporary cash assistance under the WAGES Program, food stamps, and aid to families with dependent children.

(2)  For purposes of privatization of public assistance overpayment recovery, the department shall enter into contracts consistent with federal law with for-profit corporations, not-for-profit corporations, or other entities capable of providing the services for recovering public assistance required under this section. The department shall issue requests for proposals, enter into a competitive bidding process, and negotiate contracts for such services. Contracts for such services may be funded on a contingency fee basis, per fiscal year, based on a percentage of the state-retained share of collections, for claims for food stamps, aid to families with dependent children, and temporary cash assistance. This section does not prohibit districts from entering into contracts to carry out the provisions of this section, if that is a cost-effective use of resources.

(3)  The Economic Self-sufficiency Program Office of the department shall have responsibility for contract management and for monitoring and policy development functions relating to privatization of the public assistance overpayment recovery program.

History.--s. 1, ch. 95-305; s. 38, ch. 96-175; s. 3, ch. 96-235; s. 48, ch. 97-98; s. 215, ch. 97-101; s. 28, ch. 97-173.

Note.--Former s. 409.2562.

414.37  Public assistance overpayment recovery privatization; reemployment of laid-off career service employees.--Should career service employees of the Department of Children and Family Services be subject to layoff after July 1, 1995, due to the privatization of public assistance overpayment recovery functions, the privatization contract shall require the contracting firm to give priority consideration to employment of such employees. In addition, a task force composed of representatives from the Department of Children and Family Services, the Department of Labor and Employment Security, and the Department of Management Services shall be established to provide reemployment assistance to such employees.

History.--s. 2, ch. 95-305; s. 39, ch. 96-175; s. 49, ch. 97-98; s. 216, ch. 97-101.

Note.--Former s. 409.25625.

414.38  Pilot work experience and job training for noncustodial parents program.--

(1)  There is established in two judicial circuits a work experience and job training pilot program for noncustodial parents, of which one circuit must be in a circuit with a mandatory family transition program in operation. The program shall be administered by the department.

(2)  An obligor who resides in the judicial circuit is eligible for entrance into the pilot program if, 30 days after any order for support, the obligor is still unemployed.

(3)  If the court orders an obligor to participate in the work experience and job training program, the obligor must register with the local pilot program service provider.

(4)  Every obligor ordered into the experience and job training pilot program must participate in work experience, peer support, job training, job placement, or educational activities for up to 40 hours a week.

(5)  Any noncustodial parent ordered to participate in the pilot program under this section who fails without good cause to participate as ordered by the court may be held in contempt.

(6)  The local work experience and job training pilot program service provider shall directly, or through contract:

(a)  If necessary, enroll the obligor in a mandatory job training readiness program of up to 4 weeks in duration;

(b)  Assess the obligor's employment skills;

(c)  Assess the obligor's educational and literacy skills and enroll the obligor in a local adult educational program if necessary;

(d)  Perform job search assistance and job matching functions, which must include on-the-job training to combine skill-building and immediate income;

(e)  Monitor the progress of the obligor's employment;

(f)  Offer a peer support program to educate the obligor about the responsibilities of a noncustodial parent, to encourage positive parental behavior and sexual responsibility, and to enhance the obligor's life skills;

(g)  Offer support services to custodial and noncustodial parents to resolve conflicts concerning visitation, household expenditures, lifestyles, child care, and school arrangements;

(h)  Advise the court when the obligor becomes employed and of the obligor's continuing employment progress every 30 days;

(i)  Counsel the obligor about job retention and advancement; and

(j)  Offer followup and support services for a period of 6 months.

(7)  If the obligor becomes employed before starting the pilot program or becomes employed through the efforts of the local work experience and job training pilot program service provider, but cannot earn an adequate wage level for court-ordered child support as determined by s. 61.30 or otherwise by a court of competent jurisdiction, the service provider shall assist the obligor in obtaining federal earned-income tax credits and, if the wages and the earned-income tax credits are less than an adequate amount for the court-ordered child support, the service provider shall attempt to obtain additional or improved employment for the obligor. To determine whether the obligor has an adequate wage level, the following criteria shall be considered:

(a)  All earnings, income, and resources of the obligor.

(b)  The ability of the obligor to earn.

(c)  The reasonable necessities of the obligor.

(d)  The needs of the dependent child for whom support is sought.

(8)  The local pilot program service provider may not:

(a)  Charge the obligor for services obtained under this program; or

(b)  Enroll the obligor in a community work program.

(9)  The department shall contract with a private service provider for job training, placement, and support services. The department shall develop a request for proposal to include procedures and criteria for the competitive acceptance of proposals from interested service providers. Each interested service provider seeking a pilot program pursuant to this section must be able to demonstrate:

(a)  Experience in executing large-scale social experiments;

(b)  Experience in doing research involving waivers of federal AFDC, JOBS, and child support enforcement policies;

(c)  An understanding of the demographics and experiences of economically disadvantaged noncustodial parents; and

(d)  Experience in working directly with state programs designed to assist disadvantaged noncustodial parents.

(10)(a)  The department, in consultation with the Department of Revenue and the Department of Labor and Employment Security, shall conduct, or shall contract with one or more entities to conduct, a comprehensive evaluation of the program or programs funded through this section. An initial phase of such evaluation must be designed to monitor the extent to which the local work experience and job training pilot program is being implemented and to make recommendations on how best to expand the local work experience and job training pilot program to other sites, including validation of estimated program costs and savings related to factors such as support services, child support paid, job training and placement, peer support components, staffing ratios, and service integration. The initial phase of the evaluation must provide information on the preliminary outcomes of the program, including rates of job placement and job retention and participant salary levels. The department shall report results of the initial evaluation within 18 months after the demonstration projects begin.

(b)  Following the initial implementation of the pilot projects, a subsequent phase of evaluation must be conducted to determine the impact of the local work experience and job training pilot program on participants. The evaluation must include, but is not limited to:

1.  The effect of the program on postprogram levels of earnings for noncustodial parents;

2.  The effect of the program on longer-term job retention for noncustodial parents;

3.  The payment of child support and its impact on net income for the custodial parent;

4.  The effect of the payment of child support on the well-being of the children; and

5.  Estimates of the impact of the local work experience and job training pilot program on aggregate expenditures for the WAGES Program, food stamps, Medicaid, child care, other support services, funds expended under the Job Training Partnership Act (JTPA), and similar publicly funded programs and services.

(c)  In order to provide evaluation findings with the highest feasible level of scientific validity, the department may contract for an evaluation design that includes random assignment of program participants to program groups and control groups. Under such design, members of control groups must be given the level of job training and placement services generally available to noncustodial parents who are not included in the local work experience and job training pilot program areas. The provisions of s. 381.85 or similar provisions of federal or state law do not apply under this section.

(d)  A copy of the evaluation report shall be submitted to the Governor, the President of the Senate, the Speaker of the House of Representatives, and appropriate substantive committees of the Legislature by June 30, 1999.

(11)  The department, in consultation with the Department of Revenue and the Department of Labor and Employment Security, shall adopt rules to implement this section.

History.--s. 13, ch. 95-222; s. 40, ch. 96-175; s. 217, ch. 97-101; s. 29, ch. 97-173; s. 69, ch. 97-237.

Note.--Former s. 409.25655.

414.39  Fraud.--

(1)  Any person who knowingly:

(a)  Fails, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose a material fact used in making a determination as to such person's qualification to receive public assistance under any state or federally funded assistance program;

(b)  Fails to disclose a change in circumstances in order to obtain or continue to receive any such public assistance to which he or she is not entitled or in an amount larger than that to which he or she is entitled; or

(c)  Aids and abets another person in the commission of any such act,

is guilty of a crime and shall be punished as provided in subsection (5).

(2)  Any person who knowingly:

(a)  Uses, transfers, acquires, traffics, alters, forges, or possesses, or

(b)  Attempts to use, transfer, acquire, traffic, alter, forge, or possess, or

(c)  Aids and abets another person in the use, transfer, acquisition, traffic, alteration, forgery, or possession of,

a food stamp, a food stamp identification card, an authorization, including, but not limited to, an electronic authorization, for the purchase of food stamps, a certificate of eligibility for medical services, or a Medicaid identification card in any manner not authorized by law is guilty of a crime and shall be punished as provided in subsection (5). For the purposes of this section, the value of an authorization to purchase food stamps shall be the difference between the coupon allotment and the amount paid by the recipient for that allotment.

(3)  Any person having duties in the administration of a state or federally funded public assistance program or in the distribution of public assistance, or authorizations or identifications to obtain public assistance, under a state or federally funded public assistance program and who:

(a)  Fraudulently misappropriates, attempts to misappropriate, or aids and abets in the misappropriation of, a food stamp, an authorization for food stamps, a food stamp identification card, a certificate of eligibility for prescribed medicine, a Medicaid identification card, or public assistance from any other state or federally funded program with which he or she has been entrusted or of which he or she has gained possession by virtue of his or her position, or who knowingly fails to disclose any such fraudulent activity; or

(b)  Knowingly misappropriates, attempts to misappropriate, or aids or abets in the misappropriation of, funds given in exchange for food stamps or for any form of food stamp benefits authorization,

is guilty of a crime and shall be punished as provided in subsection (5).

(4)  Any person who:

(a)  Knowingly files, attempts to file, or aids and abets in the filing of, a claim for services to a recipient of public assistance under any state or federally funded public assistance program for services that were not rendered; knowingly files a false claim or a claim for nonauthorized items or services under such a program; or knowingly bills the recipient of public assistance under such a program, or his or her family, for an amount in excess of that provided for by law or regulation;

(b)  Knowingly fails to credit the state or its agent for payments received from social security, insurance, or other sources; or

(c)  In any way knowingly receives, attempts to receive, or aids and abets in the receipt of, unauthorized payment or other unauthorized public assistance or authorization or identification to obtain public assistance as provided herein,

is guilty of a crime and shall be punished as provided in subsection (5).

(5)(a)  If the value of the public assistance or identification wrongfully received, retained, misappropriated, sought, or used is less than an aggregate value of $200 in any 12 consecutive months, such person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b)  If the value of the public assistance or identification wrongfully received, retained, misappropriated, sought, or used is of an aggregate value of $200 or more in any 12 consecutive months, such person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c)  As used in this subsection, the value of a food stamp authorization benefit is the cash or exchange value unlawfully obtained by the fraudulent act committed in violation of this section.

(d)  As used in this section, "fraud" includes the introduction of fraudulent records into a computer system, the unauthorized use of computer facilities, the intentional or deliberate alteration or destruction of computerized information or files, and the stealing of financial instruments, data, and other assets.

(6)  Any person providing service for which compensation is paid under any state or federally funded public assistance program who solicits, requests, or receives, either actually or constructively, any payment or contribution through a payment, assessment, gift, devise, bequest or other means, whether directly or indirectly, from a recipient of public assistance from such public assistance program, or from the family of such a recipient, shall notify the Department of Children and Family Services, on a form provided by the department, of the amount of such payment or contribution and of such other information as specified by the department, within 10 days after the receipt of such payment or contribution or, if said payment or contribution is to become effective at some time in the future, within 10 days of the consummation of the agreement to make such payment or contribution. Failure to notify the department within the time prescribed is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(7)  Repayment of public assistance benefits or services or return of authorization or identification wrongfully obtained is not a defense to, or ground for dismissal of, criminal charges brought under this section.

(8)(a)  The introduction into evidence of a paid state warrant made to the order of the defendant is prima facie evidence that the defendant did receive public assistance from the state.

(b)  The introduction into evidence of a transaction history generated by a Personal Identification Number (PIN) establishing a purchase or withdrawal by electronic benefit transfer is prima facie evidence that the identified recipient received public assistance from the state.

(9)  All records relating to investigations of public assistance fraud in the custody of the department and the Agency for Health Care Administration are available for examination by the Division of Public Assistance Fraud of the office of the Auditor General pursuant to s. 11.50 and are admissible into evidence in proceedings brought under this section as business records within the meaning of s. 90.803(6).

(10)  The department shall create an error-prone or fraud-prone case profile within its public assistance information system and shall screen each application for public assistance, including food stamps, Medicaid, and temporary cash assistance under the WAGES Program, against the profile to identify cases that have a potential for error or fraud. Each case so identified shall be subjected to preeligibility fraud screening.

History.--s. 1, ch. 69-268; ss. 19, 35, ch. 69-106; s. 1, ch. 70-255; s. 354, ch. 71-136; s. 1, ch. 76-20; s. 2, ch. 92-125; s. 42, ch. 96-175; s. 218, ch. 97-101; s. 1037, ch. 97-103; s. 30, ch. 97-173.

Note.--Former s. 409.325.

414.391  Automated fingerprint imaging.--

(1)  The Department of Children and Family Services shall develop and implement, as part of the electronic benefits transfer program, a statewide program to prevent public assistance fraud by using a type of automated fingerprint imaging of adult and teen parent applicants for, and adult and teen parent recipients of, public assistance under this chapter.

(2)  In adopting rules under this section, the department shall ensure that any automated fingerprint imaging performed by the department is used only to prevent fraud by adult and teen parent recipients of public assistance and is in compliance with state and federal disclosure requirements.

(3)  The department shall prepare, by April 1998, a plan for implementation of this program. Implementation shall begin with a pilot of the program in one or more areas of the state by November 1, 1998. Pilot evaluation results shall be used to determine the method of statewide expansion. The priority for use of the savings derived from reducing fraud through this program shall be to expand the program to other areas of the state.

(4)  The department shall request any waivers of federal regulations necessary to implement the program within the limits described in this section.

History.--s. 70, ch. 97-237.

414.392  Applicant screening.--At the time of application or reapplication, each adult or teen parent applying for public assistance benefits under this chapter must provide the state with an automated fingerprint image performed by the state, before receiving any benefits.

History.--s. 71, ch. 97-237.

414.40  Stop Inmate Fraud Program established; guidelines.--

(1)  There is created within the Division of Public Assistance Fraud of the Office of the Auditor General a Stop Inmate Fraud Program.

(2)  The division is directed to implement the Stop Inmate Fraud Program in accordance with the following guidelines:

(a)  The program shall establish procedures for sharing public records not exempt from the public records law among social services agencies regarding the identities of persons incarcerated in state correctional institutions, as defined in s. 944.02(6), or in county, municipal, or regional jails or other detention facilities of local governments under chapter 950 or chapter 951 who are wrongfully receiving public assistance benefits or entitlement benefits.

(b)  Pursuant to these procedures, the program shall have access to records containing correctional information not exempt from the public records law on incarcerated persons which have been generated as criminal justice information. As used in this paragraph, the term "record" is defined as provided in s. 943.045(7), and the term "criminal justice information" is defined as provided in s. 943.045(3).

(c)  Database searches shall be conducted of the inmate population at each correctional institution or other detention facility. A correctional institution or a detention facility shall provide the Stop Inmate Fraud Program with the information necessary to identify persons wrongfully receiving benefits in the medium requested by the Stop Inmate Fraud Program if the correctional institution or detention facility maintains the information in that medium.

(d)  Data obtained from correctional institutions or other detention facilities shall be compared with the client files of the Department of Children and Family Services, the Department of Labor and Employment Security, and other state or local agencies as needed to identify persons wrongfully obtaining benefits. Data comparisons shall be accomplished during periods of low information demand by agency personnel to minimize inconvenience to the agency.

(e)  Results of data comparisons shall be furnished to the appropriate office for use in the county in which the data originated. The program may provide reports of the data it obtains to appropriate state, federal, and local government agencies or governmental entities, including, but not limited to:

1.  The Child Support Enforcement Program of the Department of Revenue, so that the data may be used as locator information on persons being sought for purposes of child support.

2.  The Social Security Administration, so that the data may be used to reduce federal entitlement fraud within the state.

(f)  Reports by the program to another agency or entity shall be generated bimonthly, or as otherwise directed, and shall be designed to accommodate that agency's or entity's particular needs for data.

(g)  Only those persons with active cases, or with cases that were active during the incarceration period, shall be reported, in order that the funding agency or entity, upon verification of the data, may take whatever action is deemed appropriate.

(h)  For purposes of program review and analysis, each agency or entity receiving data from the program shall submit reports to the program which indicate the results of how the data was used.

History.--s. 10, ch. 95-431; s. 43, ch. 96-175; s. 219, ch. 97-101; s. 31, ch. 97-173.

Note.--Former s. 409.3251.

414.41  Recovery of payments made due to mistake or fraud.--

(1)  Whenever it becomes apparent that any person or provider has received any public assistance under this chapter to which she or he is not entitled, through either simple mistake or fraud on the part of the department or on the part of the recipient or participant, the department shall take all necessary steps to recover the overpayment. Recovery may include Federal Income Tax Refund Offset Program collections activities in conjunction with Food and Consumer Service and the Internal Revenue Service to intercept income tax refunds due to clients who owe food stamp or WAGES debt to the state. The department will follow the guidelines in accordance with federal rules and regulations and consistent with the Food Stamp Program. The department may make appropriate settlements and shall establish a policy and cost-effective rules to be used in the computation and recovery of such overpayments.

(a)  The department will consider an individual who has willfully provided false information or omitted information to become or remain eligible for temporary cash assistance to have committed an intentional program violation.

(b)  When the intentional program violation or case facts do not warrant criminal prosecution for fraud as defined in s. 414.39, the department will initiate an administrative disqualification hearing. The administrative disqualification hearing will be initiated regardless of the individual's current eligibility.

(c)  Upon a finding through the administrative disqualification hearing process that the individual did commit an intentional program violation, the department will impose a disqualification period consistent with those established for food stamp program purposes.

(2)  The department shall determine if recovery of an overpayment as a result of department error regarding temporary cash assistance provided under the WAGES Program or benefits provided to a recipient of aid to families with dependent children would create extreme hardship. The department shall provide by rule the circumstances that constitute an extreme hardship. The department may reduce the amount of repayment if a recipient or participant demonstrates to the satisfaction of the department that repayment of the entire overpayment would result in extreme hardship, but the department may not excuse repayment. A determination of extreme hardship is not grounds for a waiver of repayment in whole or in part.

(3)  The department, or its designee, shall enforce an order of income deduction by the court against the liable adult recipient or participant, including the head of a family, for overpayment received as an adult under the WAGES Program, the AFDC program, the food stamp program, or the Medicaid program.

(4)  When the Agency for Health Care Administration has made a probable cause determination and alleged that an overpayment to a Medicaid provider has occurred, the agency, after notice to the provider, may:

(a)  Withhold, and continue to withhold during the pendency of an administrative hearing pursuant to chapter 120, any medical assistance reimbursement payments until such time as the overpayment is recovered, unless within 30 days after receiving notice thereof the provider:

1.  Makes repayment in full; or

2.  Establishes a repayment plan that is satisfactory to the Agency for Health Care Administration.

(b)  Withhold, and continue to withhold during the pendency of an administrative hearing pursuant to chapter 120, medical assistance reimbursement payments if the terms of a repayment plan are not adhered to by the provider.

If a provider requests an administrative hearing pursuant to chapter 120, such hearing must be conducted within 90 days following receipt by the provider of the final audit report, absent exceptionally good cause shown as determined by the administrative law judge or hearing officer. Upon issuance of a final order, the balance outstanding of the amount determined to constitute the overpayment shall become due. Any withholding of payments by the Agency for Health Care Administration pursuant to this section shall be limited so that the monthly medical assistance payment is not reduced by more than 10 percent.

(5)  In all final agency actions and orders issued by administrative law judges or hearing officers that relate to recovery of medical assistance overpayments made due to a mistake of the provider or fraud, the Agency for Health Care Administration shall make a motion to impose an interest penalty at 10 percent per year from the date of final agency action or order by an administrative law judge or a hearing officer until the overpayment is recovered by the Agency for Health Care Administration. When the administrative law judge's or hearing officer's decision is that an overpayment was not made in an amount as great as identified by the Agency for Health Care Administration, any collections made by the agency pursuant to subsection (4) shall be reimbursed within 60 days to the provider by the agency with interest at 10 percent per year.

History.--s. 1, ch. 69-268; ss. 19, 35, ch. 69-106; s. 1, ch. 70-255; s. 285, ch. 77-147; s. 15, ch. 78-433; s. 2, ch. 80-408; s. 4, ch. 87-377; s. 44, ch. 96-175; s. 194, ch. 96-410; s. 1038, ch. 97-103; s. 32, ch. 97-173.

Note.--Former s. 409.335.

414.42  Cause for employee dismissal.--It is cause for dismissal of an employee of the Department of Children and Family Services if the employee knowingly and willfully allows an ineligible person to obtain public assistance.

History.--s. 9, ch. 92-125; s. 45, ch. 96-175; s. 220, ch. 97-101; s. 33, ch. 97-173.

Note.--Former s. 409.3282.

414.43  Special needs allowance for families with a disabled family member.--

(1)  The department shall establish a special needs allowance which shall be deducted from the calculation of family income in determining the net monthly income for the family in the case of families as described in this section. The department shall also establish by rule a special needs allowance which shall apply to families with unusually high out-of-pocket expenses related to the disability of a family member. Families with unusually high out-of-pocket expenses related to the disability of a family member may receive a total monthly payment in excess of the payment standard as specified in s. 414.095(11). An additional special needs allowance for families with unusually high out-of-pocket expenses related to the disability of a family member shall be provided subject to the following restrictions:

(a)  Families must have out-of-pocket disability-related expenses which exceed 125 percent of the maximum supplemental security income grant for an individual; and

(b)  Not more than 10 percent of the families eligible for the special needs allowance described in this section may be eligible for the additional special needs allowance for families with unusually high out-of-pocket expenses.

(2)  Families eligible for the special needs allowance shall be families with one or more members who receive Supplemental Security Income under Title XVI of the Social Security Act, as amended, and such Supplemental Security Income may not be disregarded due to federal law.

(3)  The purpose of the special needs allowance is to recognize the out-of-pocket expenses of families with a disabled family member which are not covered by Medicaid. The department shall establish guidelines which delineate the amount and verification or documentation procedures related to the special needs allowances. The department may establish one or more standard amounts for the special needs allowance.

(4)  The department shall gather information regarding the number of families who receive Supplemental Security Income which is considered as income due to change in federal law, the number of families who apply for the special needs allowance, the number and amount of special needs allowances approved, and the effect on family eligibility.

(5)  The department shall consult with the Developmental Disabilities Council and other groups, organizations, or individuals with knowledge about the needs of families with members who are disabled in establishing the amount of the special needs allowance.

History.--s. 46, ch. 96-175; s. 34, ch. 97-173.

414.44  Data collection and reporting.--The department and the Department of Labor and Employment Security shall collect data necessary to administer this chapter and make the reports required under federal law to the United States Department of Health and Human Services and the United States Department of Agriculture.

History.--s. 47, ch. 96-175; s. 35, ch. 97-173.

414.45  Rulemaking.--The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement and enforce the provisions of this chapter. The Department of Labor and Employment Security may adopt rules pursuant to ss. 120.536(1) and 120.54, to implement and enforce the provisions of this chapter. The rules must provide protection against discrimination and the opportunity for a participant to request a review by a supervisor or administrator of any decision made by a panel or board of the department, the Department of Labor and Employment Security, or the WAGES Program.

History.--s. 48, ch. 96-175; s. 36, ch. 97-173; s. 112, ch. 98-200.

414.55  Implementation of ss. 414.015-414.55.--Following the effective date of ss. 414.015-414.55:

(1)(a)  The Governor may delay implementation of ss. 414.015-414.55 in order to provide the department, the Department of Labor and Employment Security, the Department of Revenue, and the Department of Health with the time necessary to prepare to implement new programs.

(b)  The Governor may also delay implementation of portions of ss. 414.015-414.55 in order to allow savings resulting from the enactment of ss. 414.015-414.55 to pay for provisions implemented later. If the Governor determines that portions of ss. 414.015-414.55 should be delayed, the priority in implementing ss. 414.015-414.55 shall be, in order of priority:

1.  Provisions that provide savings in the first year of implementation.

2.  Provisions necessary to the implementation of work activity requirements, time limits, and sanctions.

3.  Provisions related to removing marriage penalties and expanding temporary cash assistance to stepparent and two-parent families.

4.  Provisions related to the reduction of teen pregnancy and out-of-wedlock births.

5.  Other provisions.

(2)  The programs affected by ss. 414.015-414.55 shall continue to operate under the provisions of law that would be in effect in the absence of ss. 414.015-414.55, until such time as the Governor informs the Speaker of the House of Representatives and the President of the Senate of his or her intention to implement provisions of ss. 414.015-414.55. Notice of intent to implement ss. 414.015-414.55 shall be given to the Speaker of the House of Representatives and the President of the Senate in writing and shall be delivered at least 14 consecutive days prior to such action.

(3)  Any changes to a program, activity, or function taken pursuant to this section shall be considered a type two transfer pursuant to the provisions of s. 20.06(2).

(4)  In implementing ss. 414.015-414.55, the Governor shall minimize the liability of the state by opting out of the special provision related to community work, as described in s. 402(a)(1)(B)(iv) of the Social Security Act, as amended by Pub. L. No. 104-193. The department and the Department of Labor and Employment Security shall implement the community work program in accordance with ss. 414.015-414.55.

History.--s. 115, ch. 96-175; s. 1039, ch. 97-103; s. 37, ch. 97-173.

¹414.70  Drug-testing and drug-screening program; procedures.--

(1)  DEMONSTRATION PROJECT.--The Department of Children and Family Services, in consultation with local WAGES coalitions 3 and 8, shall develop and, as soon as possible after January 1, 1999, implement a demonstration project in WAGES regions 3 and 8 to screen each applicant and test applicants for temporary cash assistance provided under this chapter, who the department has reasonable cause to believe, based on the screening, engage in illegal use of controlled substances. Unless reauthorized by the Legislature, this demonstration project expires June 30, 2001. As used in this act, the term "applicant" means an individual who first applies for assistance or services under the WAGES Program. Screening and testing for the illegal use of controlled substances is not required if the individual reapplies during any continuous period in which the individual receives assistance or services. However, an individual may volunteer for drug testing and treatment if funding is available.

(2)  PROCEDURES.--Under the demonstration project, the Department of Children and Family Services shall:

(a)  Provide notice of drug screening and the potential for possible drug testing to each applicant at the time of application. The notice must advise the applicant that drug screening and possibly drug testing will be conducted as a condition for receiving temporary assistance or services under this chapter, and shall specify the assistance or services that are subject to this requirement. The notice must also advise the applicant that a prospective employer may require the applicant to submit to a preemployment drug test. The applicant shall be advised that the required drug screening and possible drug testing may be avoided if the applicant does not apply for or receive assistance or services. The drug-screening and drug-testing program is not applicable in child-only cases.

(b)  Develop a procedure for drug screening and conducting drug testing of applicants for temporary assistance or services under the WAGES Program.

(c)  Provide a procedure to advise each person to be tested, before the test is conducted, that he or she may, but is not required to, advise the agent administering the test of any prescription or over-the-counter medication he or she is taking.

(d)  Require each person to be tested to sign a written acknowledgment that he or she has received and understood the notice and advice provided under paragraphs (a) and (c).

(e)  Provide a procedure to assure each person being tested a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the state's need to ensure the reliability of the sample.

(f)  Specify circumstances under which a person who fails a drug test has the right to take one or more additional tests.

(g)  Provide a procedure for appealing the results of a drug test by a person who fails a test and for advising the appellant that he or she may, but is not required to, advise appropriate staff of any prescription or over-the-counter medication he or she has been taking.

(h)  Notify each person who fails a drug test of the local substance abuse treatment programs that may be available to such person.

(3)  CHILDREN.--

(a)  If a parent is deemed ineligible for cash assistance due to the failure of a drug test under this act, his or her dependent child's eligibility for cash assistance is not affected.

(b)  If a parent is deemed ineligible for cash assistance due to the failure of a drug test, an appropriate protective payee will be established for the benefit of the child.

(c)  If the parent refuses to cooperate in establishing an appropriate protective payee for the child, the Department of Children and Family Services will appoint one.

(4)  TREATMENT.--

(a)  Subject to the availability of funding, the Department of Children and Family Services shall provide a substance abuse treatment program for a person who fails a drug test conducted under this act and is eligible to receive temporary assistance or services under the WAGES Program. The department shall provide for a retest at the end of the treatment period. Failure to pass the retest will result in the termination of temporary assistance or services provided under this chapter and of any right to appeal the termination.

(b)  The Department of Children and Family Services shall develop rules regarding the disclosure of information concerning applicants who enter treatment, including the requirement that applicants sign a consent to release information to the Department of Children and Family Services or the Department of Labor and Employment Security, as necessary, as a condition of entering the treatment program.

(c)  The Department of Children and Family Services may develop rules for assessing the status of persons formerly treated under this act who reapply for assistance or services under the WAGES act as well as the need for drug testing as a part of the reapplication process.

(5)  EVALUATIONS AND RECOMMENDATIONS.--

(a)  The Department of Children and Family Services, in conjunction with the local WAGES coalitions in service areas 3 and 8, shall conduct a comprehensive evaluation of the demonstration projects operated under this act. By January 1, 2000, the department, in conjunction with the local WAGES coalitions involved, shall report to the WAGES Program State Board of Directors and to the Legislature on the status of the initial implementation of the demonstration projects and shall specifically describe the problems encountered and the funds expended during the first year of operation.

(b)  By January 1, 2001, the department, in conjunction with the local WAGES coalitions involved, shall provide a comprehensive evaluation to the WAGES Program State Board of Directors and to the Legislature, which must include:

1.  The impact of the drug-screening and drug-testing program on employability, job placement, job retention, and salary levels of program participants.

2.  Recommendations, based in part on a cost and benefit analysis, as to the feasibility of expanding the program to other local WAGES service areas, including specific recommendations for implementing such expansion of the program.

(6)  CONFLICTS.--In the event of a conflict between the implementation procedures described in this program and federal requirements and regulations, federal requirements and regulations shall control.

History.--ss. 2, 3, 4, 5, 6, ch. 98-397.

¹Note.--Section 7, ch. 98-397, provides that "[f]rom the funds appropriated in Specific Appropriations 361, Grants and Aid - Community Substance Abuse Services, and 1892, Grants and Aid - WAGES Coalitions, the Department of Children and Family Services and the WAGES Program State Board of Directors, in consultation with the Department of Labor and Employment Security, shall provide a substance abuse treatment program for a person who fails a drug test conducted under this act and is eligible to receive temporary assistance or services under the WAGES Program. The Department of Children and Family Services shall provide for a retest at the end of the treatment period. Failure to pass the retest will result in the termination of temporary assistance or services provided under chapter 414, Florida Statutes, and of any right to appeal the termination. Implementation of this project is subject to the availability of funding."