CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Valdes offered the following:
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13 Amendment to Senate Amendment (205994) (with title
14 amendment)
15 On page 1, line 18,
16 To page 60, line 5,
17 remove from the amendment: all of said lines
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19 and insert in lieu thereof:
20 Section 1. Present subsection (4) of section 414.026,
21 Florida Statutes, is redesignated as subsection (6) and
22 amended, and new subsection (4) is added to that section, to
23 read:
24 414.026 WAGES Program State Board of Directors.--
25 (4) The WAGES Program State Board of Directors must
26 approve the WAGES State Plan, the operating budget and any
27 amendments thereto, and any WAGES-related proposed
28 administrative rules. In addition, state agencies charged by
29 law with implementation of the WAGES Program and the Workforce
30 Development Board of Enterprise Florida, Inc., shall
31 collaborate with the staff of the WAGES Program State Board of
1
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 Directors on all WAGES-related policies, requests for
2 proposals, and related directives.
3 (5)(4) This section expires June 30, 2002 1999, and
4 shall be reviewed by the Legislature prior to that date. In
5 its review, the Legislature shall assess the status of the
6 WAGES Program and shall determine if the responsibility for
7 administering the program should be transferred to other state
8 agencies.
9 Section 2. Section 414.028, Florida Statutes, is
10 amended to read:
11 414.028 Local WAGES coalitions.--The WAGES Program
12 State Board of Directors shall create and charter local WAGES
13 coalitions to plan and coordinate the delivery of services
14 under the WAGES Program at the local level. The boundaries of
15 the service area for a local WAGES coalition shall conform to
16 the boundaries of the service area for the regional workforce
17 development board established under the Enterprise Florida
18 workforce development board. The local delivery of services
19 under the WAGES Program shall be coordinated, to the maximum
20 extent possible, with the local services and activities of the
21 local service providers designated by the regional workforce
22 development boards.
23 (1)(a) Each local WAGES coalition must have a minimum
24 of 11 members, of which at least one-half must be from the
25 business community. The composition of the coalition
26 membership must generally reflect the racial, gender, and
27 ethnic diversity of the community as a whole. All members
28 shall be appointed to 3-year terms. The membership of each
29 coalition must include:
30 1. Representatives of the principal entities that
31 provide funding for the employment, education, training, and
2
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 social service programs that are operated in the service area,
2 including, but not limited to, representatives of local
3 government, the regional workforce development board, and the
4 United Way.
5 2. A representative of the health and human services
6 board.
7 3. A representative of a community development board.
8 4. Three representatives of the business community who
9 represent a diversity of sizes of businesses.
10 5. Representatives of other local planning,
11 coordinating, or service-delivery entities.
12 6. A representative of a grassroots community or
13 economic development organization that serves the poor of the
14 community.
15 (b) A person may be a member of a local WAGES
16 coalition or a combined WAGES coalition as provided in
17 subsection (2) regardless of whether the member, or an
18 organization represented by a member, could benefit
19 financially from transactions of the coalition. However, if
20 the coalition enters into a contract with an organization or
21 individual represented on the coalition, the contract must be
22 approved by a two-thirds vote of the entire board, and the
23 board member who could benefit financially from the
24 transaction must abstain from voting. A board member must
25 disclose any such conflict in a manner that is approved by the
26 WAGES Program State Board of Directors and is consistent with
27 the procedures outlined in s. 112.3143. A representative of an
28 agency or entity that could benefit financially from funds
29 appropriated under the WAGES Program may not be a member of a
30 local WAGES coalition.
31 (c) A member of the board of a public or private
3
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 educational institution may not serve as a member of a local
2 WAGES coalition.
3 (d) A representative of any county or municipal
4 governing body that elects to provide services through the
5 local WAGES coalition shall be an ex officio, nonvoting member
6 of the coalition.
7 (e) A representative of a county health department or
8 a representative of a healthy start coalition shall serve as
9 an ex officio, nonvoting member of the coalition.
10 (f) This subsection does not prevent a local WAGES
11 coalition from extending regular, voting membership to not
12 more than one representative of a county health department and
13 not more than one representative of a healthy start coalition.
14 (2) A local WAGES coalition and a regional workforce
15 development board may be combined into one board if the
16 membership complies with subsection (1), and if the membership
17 of the combined board meets the requirements of Pub. L. No.
18 97-300, the federal Job Training Partnership Act, as amended,
19 and with any law delineating the membership requirements for
20 the regional workforce development boards. Notwithstanding
21 paragraph (1)(b), in a region in which the duties of the two
22 boards are combined, a person may be a member of the WAGES
23 coalition even if the member, or the member's principal, could
24 benefit financially from transactions of the coalition.
25 However, members must recuse themselves from voting on all
26 matters from which they or their principals could benefit
27 financially. Failure to recuse on any such vote will
28 constitute grounds for immediate removal from the local WAGES
29 coalition.
30 (3) The statewide implementation plan prepared by the
31 WAGES Program State Board of Directors shall prescribe and
4
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 publish the process for chartering the local WAGES coalitions.
2 (4) Each local WAGES coalition shall perform the
3 planning, coordination, and oversight functions specified in
4 the statewide implementation plan, including, but not limited
5 to:
6 (a) Developing a program and financial plan to achieve
7 the performance outcomes specified by the WAGES Program State
8 Board of Directors for current and potential program
9 participants in the service area. The plan must reflect the
10 needs of service areas for seed money to create programs that
11 assist children of WAGES participants. The plan must also
12 include provisions for providing services for victims of
13 domestic violence.
14 (b) Developing a funding strategy to implement the
15 program and financial plan which incorporates resources from
16 all principal funding sources.
17 (c) Identifying employment, service, and support
18 resources in the community which may be used to fulfill the
19 performance outcomes of the WAGES Program.
20 (d) In cooperation with the regional workforce
21 development board, coordinating the implementation of one-stop
22 career centers.
23 (e) Advising the Department of Children and Family
24 Services and the Department of Labor and Employment Security
25 with respect to the competitive procurement of services under
26 the WAGES Program.
27 (f) Selecting an entity to administer the program and
28 financial plan, such as a unit of a political subdivision
29 within the service area, a not-for-profit private organization
30 or corporation, or any other entity agreed upon by the local
31 WAGES coalition.
5
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 (g) Developing a plan for services for victims of
2 domestic violence.
3 1. The WAGES Program State Board of Directors shall
4 specify requirements for the local plan, including:
5 a. Criteria for determining eligibility for exceptions
6 to state work requirements;
7 b. The programs and services to be offered to victims
8 of domestic violence;
9 c. Time limits for exceptions to program requirements,
10 which may not result in an adult participant exceeding the
11 federal time limit for exceptions or the state lifetime
12 benefit limit that the participant would otherwise be entitled
13 to receive; and
14 d. An annual report on domestic violence, including
15 the progress made in reducing domestic violence as a barrier
16 to self-sufficiency among WAGES participants, local policies
17 and procedures for granting exceptions and exemptions from
18 program requirements due to domestic violence, and the number
19 and percentage of cases in which such exceptions and
20 exemptions are granted.
21 2. Each local WAGES coalition plan must specify
22 provisions for coordinating and, where appropriate, delivering
23 services, including:
24 a. Provisions for the local coalition to coordinate
25 with law enforcement agencies and social service agencies and
26 organizations that provide services and protection to victims
27 of domestic violence;
28 b. Provisions for allowing participants access to
29 domestic violence support services and ensuring that WAGES
30 participants are aware of domestic violence shelters,
31 hotlines, and other domestic violence services and policies;
6
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 c. Designation of the agency that is responsible for
2 determining eligibility for exceptions from program
3 requirements due to domestic violence;
4 d. Provisions that require each individual who is
5 granted an exemption from program requirements due to domestic
6 violence to participate in a program that prepares the
7 individual for self-sufficiency and safety; and
8 e. Where possible and necessary, provisions for job
9 assignments and transportation arrangements that take maximum
10 advantage of opportunities to preserve the safety of the
11 victim of domestic violence and the victim's dependents.
12 (5) By October 1, 1998, local WAGES coalitions shall
13 deliver through one-stop career centers, the full continuum of
14 services provided under the WAGES Program, including services
15 that are provided at the point of application. The State WAGES
16 Board may direct the Department of Labor and Employment
17 Security to provide such services to WAGES participants if a
18 local WAGES coalition is unable to provide services due to
19 decertification. Local WAGES coalitions may not determine an
20 individual's eligibility for temporary cash assistance and all
21 education and training shall be provided through agreements
22 with regional workforce development boards. The local WAGES
23 coalitions shall develop a transition plan to be approved by
24 the WAGES Program State Board of Directors. Should career
25 service employees of the Department of Labor and Employment
26 Security be subject to layoff due to the local WAGES
27 coalitions taking over the delivery of such services, such
28 employees shall be given priority consideration for employment
29 by the local WAGES coalitions. The local coalition's
30 transition plan shall provide for the utilization of space
31 leased by the Department of Labor and Employment Security for
7
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 WAGES service functions. By October 1, 1998, the coalition
2 may have negotiated and entered into new lease agreements or
3 subleased for said space from the Department of Labor and
4 Employment Security. In the event the coalition does not
5 utilize the Department of Labor and Employment Security leased
6 space, the Department of Labor and Employment Security shall
7 not be obligated to pay under any lease agreement for WAGES
8 services entered into by the Department since July 1, 1996.
9 (6)(5) The WAGES Program State Board of Directors may
10 not approve the program and financial plan of a local
11 coalition unless the plan provides a teen pregnancy prevention
12 component that includes, but is not necessarily limited to, a
13 plan for implementing the Florida Education Now and Babies
14 Later (ENABL) program under s. 411.242 and the Teen Pregnancy
15 Prevention Community Initiative within each county segment of
16 the service area in which the teen childhood birth rate is
17 higher than the state average. Each local WAGES coalition is
18 authorized to fund community-based welfare prevention and
19 reduction initiatives that increase the support provided by
20 noncustodial parents to their welfare-dependent children and
21 are consistent with program and financial guidelines developed
22 by the WAGES Program State Board of Directors and the
23 Commission on Responsible Fatherhood. These initiatives may
24 include, but are not limited to, improved paternity
25 establishment, work activities for noncustodial parents, and
26 programs aimed at decreasing out-of-wedlock pregnancies,
27 encouraging the involvement of fathers with their children,
28 and increasing child-support payments.
29 (7)(6) At the option of the local WAGES coalition,
30 local employees of the department and the Department of Labor
31 and Employment Security shall provide staff support for the
8
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 local WAGES coalitions. At the option of the local WAGES
2 coalition, Staff support may be provided by another agency, or
3 entity, or by contract if it can be provided at no cost to the
4 state and if the support is not provided by an agency or other
5 entity that could benefit financially from funds appropriated
6 to implement the WAGES Program.
7 (8)(7) There shall be no liability on the part of, and
8 no cause of action of any nature shall arise against, any
9 member of a local WAGES coalition or its employees or agents
10 for any lawful action taken by them in the performance of
11 their powers and duties under this section and s. 414.029.
12 Section 3. Section 414.030, Florida Statutes, is
13 created to read:
14 414.030 WAGES Program Employment Projects.--
15 (1) The Legislature finds that the success of the
16 WAGES Program depends upon the existence of sufficient
17 employment opportunities compatible with the education and
18 skill levels of participants in the WAGES Program. The
19 Legislature further finds that extraordinary assistance may
20 need to be granted for certain economic development projects
21 that can have a great impact on the employment of WAGES
22 participants. It is the intent of the Legislature to
23 authorize the Governor and local governments to marshal state
24 and local resources in a coordinated and timely manner to
25 foster the development and completion of economic development
26 projects that have been identified as having a great impact on
27 the employment of WAGES participants.
28 (2) By August 1 of each year, each local WAGES
29 coalition, in consultation with city and county economic
30 development organizations, shall identify economic development
31 projects that can have the greatest impact on employing WAGES
9
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 participants in their areas. Each local WAGES coalition shall
2 provide a prioritized list of no more than 5 such projects to
3 the state WAGES board by August 1 of each year. The
4 coalitions shall identify local resources that are available
5 to foster the development and completion of each project.
6 (3)(a) By September 1 of each year, the state WAGES
7 board, in consultation with Enterprise Florida, Inc., shall
8 review and prioritize the list of projects identified pursuant
9 to subsection (2) using the following criteria:
10 1. The project is located in an area with a large
11 number of hardship extensions requiring a third year in the
12 program in order to get job placement;
13 2. The project is located in an area with high
14 unemployment in the major categories of jobs where WAGES
15 participants are normally placed; and
16 3. The local WAGES coalition has demonstrated diligent
17 efforts to place WAGES participants in jobs through a variety
18 of programs; including job placement programs, partnership
19 programs with private businesses, and full utilization of
20 available resources; and
21 4. The local WAGES coalition has identified a number
22 of local, regional, or federal resources that could be used to
23 match any state resources used to foster the development or
24 completion of the project.
25 (b) To the greatest extent possible, the state WAGES
26 board shall foster the development or completion of the
27 projects identified pursuant to paragraph (a) using existing
28 state and local resources under the control of the state WAGES
29 board and local WAGES coalition. To the extent that such
30 projects cannot be developed or completed from resources
31 available to the state WAGES board or local WAGES coalitions,
10
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 the board may identify and prioritize no more than 10
2 projects, of which no more than 3 may be located in Dade
3 County, that need extraordinary state and local assistance.
4 The state WAGES board shall provide the list of projects
5 needing extraordinary assistance to the Governor and each
6 WAGES Program Employment Project Coordinator designated
7 pursuant to subsection (4) by September 1 of each year.
8 (4)(a) By July 1, 1998, the heads of the Departments
9 of Agriculture and Consumer Services, Labor and Employment
10 Security, Community Affairs, Children and Family Services,
11 Revenue, Business and Professional Regulation, Management
12 Services, Military Affairs, Transportation, and Environmental
13 Protection, and the Comptroller; the Auditor General; the
14 executive director of each water management district; and the
15 heads of the Office of Tourism, Trade, and Economic
16 Development, Enterprise Florida, Inc., Institute of Food and
17 Agricultural Science, the State Board of Community Colleges,
18 the Division of Workforce Development of the Department of
19 Education, State University System, and the Office of Planning
20 and Budgeting shall select from within such organizations a
21 person to be designated as the WAGES Program Employment
22 Project Coordinator.
23 (b) By October 1 of each year, each WAGES Program
24 Employment Project Coordinator shall determine what resources
25 are available at the organization to foster the development
26 and completion of the economic development projects received
27 pursuant to subsection (3). Each coordinator shall provide
28 this determination to the Governor by October 1 of each year.
29 (5)(a) By October 15 of each year, the Governor may,
30 by executive order, designate these projects as WAGES Program
31 Employment Projects, and direct the agencies to use the
11
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 resources identified pursuant to subsection (4) to develop or
2 complete such projects. The order shall direct such agencies
3 to contract with the appropriate local WAGES coalition to
4 develop or complete such projects.
5 (b) Notwithstanding the eligibility provisions of s.
6 403.973, the Governor may waive such eligibility requirements
7 by executive order for projects that have been identified as
8 needing expedited permitting.
9 (c) To the extent that resources identified pursuant
10 to subsection (4) have been appropriated by the Legislature
11 for a specific purpose that does not allow for the expenditure
12 of such resources on the projects, the Governor may use the
13 budget amendment process in chapter 216 to request that these
14 resources be released to the Governor's Office to accomplish
15 the development or completion of the project.
16 (d) Any executive order issued by the Governor
17 pursuant to this section shall expire within 90 days, unless
18 renewed for an additional 60 days by the Governor. However,
19 no executive order may be issued by the Governor pursuant to
20 this section for a period in excess of 150 days.
21 (6) Each local WAGES coalition with jurisdiction over
22 an area where a WAGES Program Employment Project has been
23 designated by the Governor pursuant to subsection (5) shall
24 enter into a contract with the appropriate local, state, or
25 private entities to ensure that the project is developed and
26 completed. Such contracts may include, but are not limited
27 to, contracts with applicable state agencies, and businesses
28 to provide training, education, and employment opportunities
29 for WAGES participants.
30 (7) By March 15 of each year, the state WAGES board
31 shall submit to the Governor, the President of the Senate, the
12
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 Speaker of the House of Representatives, the Senate Minority
2 Leader, and the House Minority Leader a complete and detailed
3 report that includes, but is not limited to; a description of
4 the activities, expenditures, and projects undertaken pursuant
5 to this section, and a description of what, if any,
6 legislative action that may be necessary.
7 (8)(a) The Auditor General may, pursuant to his or her
8 own authority or at the direction of the Legislature, conduct
9 a financial audit of the expenditure of resources pursuant to
10 this section.
11 (b) Prior to the 2000 Regular Session of the
12 Legislature, the Office of Program Policy Analysis and
13 Government Accountability, shall conduct a review of the
14 projects developed or completed pursuant to this section. The
15 review shall be comprehensive in its scope, but, at a minimum,
16 must be conducted in a manner as to specifically determine:
17 1. The impact the provisions contained in this section
18 had on the development and completion of the projects
19 identified pursuant to this section.
20 2. Whether it would be sound public policy to continue
21 or discontinue to foster the development or completion of
22 projects using the processes provided in this section. The
23 report shall be submitted by January 1, 2000, to the President
24 of the Senate, the Speaker of the House of Representatives,
25 the Senate Minority Leader, and the House Minority Leader.
26 Section 4. Paragraph (b) of subsection (1) and
27 subsection (7) of section 414.065, Florida Statutes, are
28 amended and subsection (12) is added to that section to read:
29 414.065 Work requirements.--
30 (1) WORK ACTIVITIES.--The following activities may be
31 used individually or in combination to satisfy the work
13
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 requirements for a participant in the WAGES Program:
2 (b) Subsidized private sector employment.--Subsidized
3 private sector employment is employment in a private
4 for-profit enterprise or a private not-for-profit enterprise
5 which is directly supplemented by federal or state funds. A
6 subsidy may be provided in one or more of the forms listed in
7 this paragraph.
8 1. Work supplementation.--A work supplementation
9 subsidy diverts a participant's temporary cash assistance
10 under the program to the employer. The employer must pay the
11 participant wages that equal or exceed the applicable federal
12 minimum wage. Work supplementation may not exceed 6 months. At
13 the end of the supplementation period, the employer is
14 expected to retain the participant as a regular employee
15 without receiving a subsidy for at least 12 months. A The work
16 supplementation agreement may not be continued with any
17 employer who exhibits a pattern of failing to provide
18 participants with continued employment after the period of
19 work supplementation ends must provide that if the employee is
20 dismissed at any time within 12 months after termination of
21 the supplementation period due in any part to loss of the
22 supplement, the employer shall repay some or all of the
23 supplement previously paid as a subsidy to the employer under
24 the WAGES Program.
25 2. On-the-job training.--On-the-job training is
26 full-time, paid employment in which the employer or an
27 educational institution in cooperation with the employer
28 provides training needed for the participant to perform the
29 skills required for the position. The employer or the
30 educational institution on behalf of the employer receives a
31 subsidy to offset the cost of the training provided to the
14
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 participant. Upon satisfactory completion of the training, the
2 employer is expected to retain the participant as a regular
3 employee without receiving a subsidy. An The on-the-job
4 training agreement may not be continued with any employer who
5 exhibits a pattern of failing to provide participants with
6 continued employment after the on-the-job training subsidy
7 ends must provide that in the case of dismissal of a
8 participant due to loss of the subsidy, the employer shall
9 repay some or all of the subsidy previously provided by the
10 department and the Department of Labor and Employment
11 Security.
12 3. Incentive payments.--The department and the
13 Department of Labor and Employment Security may provide
14 additional incentive payments to encourage employers to employ
15 program participants. Incentive payments may include payments
16 to encourage the employment of hard-to-place participants, in
17 which case the amount of the payment shall be weighted
18 proportionally to the extent to which the participant has
19 limitations associated with the long-term receipt of welfare
20 and difficulty in sustaining employment. In establishing
21 incentive payments, the department and the Department of Labor
22 and Employment Security shall consider the extent of prior
23 receipt of welfare, lack of employment experience, lack of
24 education, lack of job skills, and other appropriate factors.
25 A participant who has complied with program requirements and
26 who is approaching the time limit for receiving temporary cash
27 assistance may be defined as "hard-to-place." Incentive
28 payments may include payments in which an initial payment is
29 made to the employer upon the employment of a participant, and
30 the majority of the incentive payment is made after the
31 employer retains the participant as a full-time employee for
15
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 at least 12 months. An The incentive agreement may not be
2 continued with any employer who exhibits a pattern of failing
3 to provide participants with continued employment after the
4 incentive payments cease must provide that if the employee is
5 dismissed at any time within 12 months after termination of
6 the incentive payment period due in any part to loss of the
7 incentive, the employer shall repay some or all of the payment
8 previously paid as an incentive to the employer under the
9 WAGES Program.
10 4. Tax credits.--An employer who employs a program
11 participant may qualify for enterprise zone property tax
12 credits under s. 220.182, the tax refund program for qualified
13 target industry businesses under s. 288.106, or other federal
14 or state tax benefits. The department and the Department of
15 Labor and Employment Security shall provide information and
16 assistance, as appropriate, to use such credits to accomplish
17 program goals.
18 5. WAGES training bonus.--An employer who hires a
19 WAGES participant who has less than 6 months of eligibility
20 for temporary cash assistance remaining and who pays the
21 participant a wage that precludes the participant's
22 eligibility for temporary cash assistance may receive $240 for
23 each full month of employment for a period that may not exceed
24 3 months. An employer who receives a WAGES training bonus for
25 an employee may not receive a work supplementation subsidy for
26 the same employee. Employment is defined as 35 hours per week
27 at a wage of no less than minimum wage.
28 (7) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--The
29 situations listed in this subsection shall constitute
30 exceptions to the penalties for noncompliance with
31 participation requirements, except that these situations do
16
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 not constitute exceptions to the applicable time limit for
2 receipt of temporary cash assistance:
3 (a) Noncompliance related to child care.--Temporary
4 cash assistance may not be terminated for refusal to
5 participate in work activities if the individual is a single
6 custodial parent caring for a child who has not attained 6
7 years of age, and the adult proves to the department or to the
8 Department of Labor and Employment Security an inability to
9 obtain needed child care for one or more of the following
10 reasons:
11 1. Unavailability of appropriate child care within a
12 reasonable distance from the individual's home or worksite.
13 2. Unavailability or unsuitability of informal child
14 care by a relative or under other arrangements.
15 3. Unavailability of appropriate and affordable formal
16 child care arrangements.
17 (b) Noncompliance related to domestic violence.--An
18 individual who is determined to be unable to comply with the
19 work requirements because such compliance would make it
20 probable that the individual would be unable to escape
21 domestic violence shall be exempt from work requirements
22 pursuant to s. 414.028(4)(g). However, the individual shall
23 comply with a plan that specifies alternative requirements
24 that prepare the individual for self-sufficiency while
25 providing for the safety of the individual and the
26 individual's dependents. An exception granted under this
27 paragraph does not constitute an exception to the time
28 limitations on benefits specified under s. 414.105.
29 (c) Noncompliance related to treatment or remediation
30 of past effects of domestic violence.--An individual who is
31 determined to be unable to comply with the work requirements
17
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 under this section due to mental or physical impairment
2 related to past incidents of domestic violence may be exempt
3 from work requirements for a specified period pursuant to s.
4 414.028(4)(g), except that such individual shall comply with a
5 plan that specifies alternative requirements that prepare the
6 individual for self-sufficiency while providing for the safety
7 of the individual and the individual's dependents. The plan
8 must include counseling or a course of treatment necessary for
9 the individual to resume participation. The need for treatment
10 and the expected duration of such treatment must be verified
11 by a physician licensed under chapter 458 or chapter 459; a
12 psychologist licensed under s. 490.005(1), s. 490.006, or the
13 provision identified as s. 490.013(2) in s. 1, chapter 81-235,
14 Laws of Florida; a therapist as defined in s. 491.003(2) or
15 (6); or a treatment professional who is registered under s.
16 415.605(1)(g), is authorized to maintain confidentiality under
17 s. 90.5036(1)(d), and has a minimum of 2 years experience at a
18 certified domestic violence center. An exception granted under
19 this paragraph does not constitute an exception from the time
20 limitations on benefits specified under s. 414.105.
21 (d)(b) Noncompliance related to medical
22 incapacity.--If an individual cannot participate in assigned
23 work activities due to a medical incapacity, the individual
24 may be excepted from the activity for a specific period,
25 except that the individual shall be required to comply with
26 the course of treatment necessary for the individual to resume
27 participation. A participant may not be excused from work
28 activity requirements unless the participant's medical
29 incapacity is verified by a physician licensed under chapter
30 458 or chapter 459, in accordance with procedures established
31 by rule of the Department of Labor and Employment Security.
18
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Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 (e)(c) Other good cause exceptions for
2 noncompliance.--Individuals who are temporarily unable to
3 participate due to circumstances beyond their control may be
4 excepted from the noncompliance penalties. The Department of
5 Labor and Employment Security may define by rule situations
6 that would constitute good cause. These situations must
7 include caring for a disabled family member when the need for
8 the care has been verified and alternate care is not
9 available.
10 (12) PROTECTION FOR CURRENT EMPLOYEES.--In
11 establishing and contracting for work-experience and community
12 service activities, other work-experience activities,
13 on-the-job training, subsidized employment, and work
14 supplementation under the WAGES Program, an employed worker
15 may not be displaced, either completely or partially. A WAGES
16 participant may not be assigned to an activity or employed in
17 a position if the employer has created the vacancy or
18 terminated an existing employee without good cause in order to
19 fill that position with a WAGES Program participant.
20 Section 5. Section 414.105, Florida Statutes, is
21 amended to read:
22 414.105 Time limitations of temporary cash
23 assistance.--Unless otherwise expressly provided in this
24 chapter, an applicant or current participant shall receive
25 temporary cash assistance for episodes of not more than 24
26 cumulative months in any consecutive 60-month period that
27 begins with the first month of participation and for not more
28 than a lifetime cumulative total of 48 months as an adult.
29 (1) The time limitation for episodes of temporary cash
30 assistance may not exceed 36 cumulative months in any
31 consecutive 72-month period that begins with the first month
19
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 of participation and may not exceed a lifetime cumulative
2 total of 48 months of temporary cash assistance as an adult,
3 for cases in which the participant:
4 (a) Has received aid to families with dependent
5 children or temporary cash assistance for any 36 months of the
6 preceding 60 months; or
7 (b) Is a custodial parent under the age of 24 who:
8 1. Has not completed a high school education or its
9 equivalent; or
10 2. Had little or no work experience in the preceding
11 year.
12 (2) A participant who is not exempt from work activity
13 requirements may earn 1 month of eligibility for extended
14 temporary cash assistance, up to maximum of 12 additional
15 months, for each month in which the participant is fully
16 complying with the work activities of the WAGES Program
17 through unsubsidized private sector employment. The period for
18 which extended temporary cash assistance is granted shall be
19 based upon compliance with WAGES Program requirements
20 beginning October 1, 1996. A participant may not receive
21 temporary cash assistance under this subsection, in
22 combination with other periods of temporary cash assistance
23 for longer than a lifetime limit of 48 months. Hardship
24 exemptions to the time limitations of this chapter shall be
25 limited to 10 percent of participants in the first year of
26 implementation of this chapter, 15 percent of participants in
27 the second year of implementation of this chapter, and 20
28 percent of participants in all subsequent years. Criteria for
29 hardship exemptions include:
30 (a) Diligent participation in activities, combined
31 with inability to obtain employment.
20
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Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 (b) Diligent participation in activities, combined
2 with extraordinary barriers to employment, including the
3 conditions which may result in an exemption to work
4 requirements.
5 (c) Significant barriers to employment, combined with
6 a need for additional time.
7 (d) Diligent participation in activities and a need by
8 teen parents for an exemption in order to have 24 months of
9 eligibility beyond receipt of the high school diploma or
10 equivalent.
11 (e) A recommendation of extension for a minor child of
12 a participating family that has reached the end of the
13 eligibility period for temporary cash assistance. The
14 recommendation must be the result of a review which determines
15 that the termination of the child's temporary cash assistance
16 would be likely to result in the child being placed into
17 emergency shelter or foster care. Temporary cash assistance
18 shall be provided through a protective payee. Staff of the
19 Children and Families Family Services Program Office of the
20 department shall conduct all assessments in each case in which
21 it appears a child may require continuation of temporary cash
22 assistance through a protective payee.
23
24 At the recommendation of the local WAGES coalition, temporary
25 cash assistance under a hardship exemption for a participant
26 who is eligible for work activities and who is not working
27 shall be reduced by 10 percent. Upon the employment of the
28 participant, full benefits shall be restored.
29 (3) In addition to the exemptions listed in subsection
30 (2), a victim of domestic violence may be granted a hardship
31 exemption if the effects of such domestic violence delay or
21
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 otherwise interrupt or adversely affect the individual's
2 participation in the program. Hardship exemptions granted
3 under this subsection shall not be subject to the percentage
4 limitations in subsection (3).
5 (4)(3) The department shall establish a procedure for
6 reviewing and approving hardship exemptions, and the local
7 WAGES coalitions may assist in making these determinations.
8 The composition of any review panel must generally reflect the
9 racial, gender, and ethnic diversity of the community as a
10 whole. Members of a review panel shall serve without
11 compensation, but are entitled to receive reimbursement for
12 per diem and travel expenses as provided in s. 112.016.
13 (5)(4) The cumulative total of all hardship exemptions
14 may not exceed 12 months, may include reduced benefits at the
15 option of the community review panel, and shall, in
16 combination with other periods of temporary cash assistance as
17 an adult, total no more than 48 months of temporary cash
18 assistance. If an individual fails to comply with program
19 requirements during a hardship exemption period, the hardship
20 exemption shall be removed.
21 (6)(5) For individuals who have moved from another
22 state and have legally resided in this state for less than 12
23 months, the time limitation for temporary cash assistance
24 shall be the shorter of the respective time limitations used
25 in the two states, and months in which temporary cash
26 assistance was received under a block grant program that
27 provided temporary assistance for needy families in any state
28 shall count towards the cumulative 48-month benefit limit for
29 temporary cash assistance.
30 (7)(6) For individuals subject to a time limitation
31 under the Family Transition Act of 1993, that time limitation
22
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Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 shall continue to apply. Months in which temporary cash
2 assistance was received through the family transition program
3 shall count towards the time limitations under this chapter.
4 (8)(7) Except when temporary cash assistance was
5 received through the family transition program, the
6 calculation of the time limitation for temporary cash
7 assistance shall begin with the first month of receipt of
8 temporary cash assistance after the effective date of this
9 act.
10 (9)(8) Child-only cases are not subject to time
11 limitations, and temporary cash assistance received while an
12 individual is a minor child shall not count towards time
13 limitations.
14 (10)(9) An individual who receives benefits under the
15 Supplemental Security Income program or the Social Security
16 Disability Insurance program is not subject to time
17 limitations.
18 (11) A person who is totally responsible for the
19 personal care of a disabled family member is not subject to
20 time limitations if the need for the care is verified and
21 alternative care is not available for the family member. The
22 department shall annually evaluate an individual's
23 qualifications for this exemption.
24 (12)(10) A member of the WAGES Program staff shall
25 interview and assess the employment prospects and barriers of
26 each participant who is within 6 months of reaching the
27 24-month time limit. The staff member shall assist the
28 participant in identifying actions necessary to become
29 employed prior to reaching the benefit time limit for
30 temporary cash assistance and, if appropriate, shall refer the
31 participant for services that could facilitate employment.
23
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 Section 6. Present subsections (4), (5), (6), (7),
2 (8), (9), and (10) of section 414.0252, Florida Statutes, are
3 renumbered as subsections (5), (7), (8), (9), (10), (11), and
4 (12) of that section, respectively, and new subsections (4)
5 and (6) are added to that section, to read:
6 414.0252 Definitions.--As used in ss. 414.015-414.45,
7 the term:
8 (4) "Domestic violence" means any assault, aggravated
9 assault, battery, aggravated battery, sexual assault, sexual
10 battery, stalking, aggravated stalking, kidnapping, false
11 imprisonment, or any criminal offense that results in the
12 physical injury or death of one family or household member by
13 another.
14 (6) "Family or household member" means spouses, former
15 spouses, noncohabitating partners, persons related by blood or
16 marriage, persons who are presently residing together as if a
17 family or who have resided together in the past as if a
18 family, and persons who have a child in common regardless of
19 whether they have been married or have resided together at any
20 time.
21 Section 7. Paragraph (g) is added to subsection (10)
22 of section 414.095, Florida Statutes, and subsection (3) and
23 paragraph (d) of subsection (15) of that section are amended
24 to read:
25 414.095 Determining eligibility for the WAGES
26 Program.--
27 (3) ELIGIBILITY FOR NONCITIZENS.--A "qualified
28 noncitizen" is an individual who is lawfully present in the
29 United States as a refugee or who is granted asylum under ss.
30 207 and 208 of the Immigration and Nationality Act, an alien
31 whose deportation is withheld under s. 243(h) of the
24
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 Immigration and Nationality Act, or an alien who has been
2 admitted as a permanent resident and meets specific criteria
3 under federal law. In addition, a "qualified noncitizen"
4 includes an individual who has been battered or subject to
5 extreme cruelty in the United States by a spouse or a parent,
6 and has applied for or received protection under the federal
7 Violence Against Women Act of 1994, Pub. L. No. 103-322, if
8 the need for benefits is related to the abuse. A "nonqualified
9 noncitizen" is a nonimmigrant alien, including a tourist,
10 business visitor, foreign student, exchange visitor, temporary
11 worker, or diplomat. In addition, a "nonqualified noncitizen"
12 includes an individual paroled into the United States for less
13 than 1 year. A qualified noncitizen who is otherwise eligible
14 may receive temporary cash assistance to the extent permitted
15 by federal law. The income or resources of a sponsor and the
16 sponsor's spouse shall be included in determining eligibility
17 to the maximum extent permitted by federal law.
18 (a) A child born in the United States to an illegal or
19 ineligible alien is eligible for temporary cash assistance
20 under this chapter if the family meets all eligibility
21 requirements.
22 (b) If the parent may legally work in this country,
23 the parent must participate in the work activity requirements
24 provided in s. 414.065, to the extent permitted under federal
25 law.
26 (c) The department shall participate in the Systematic
27 Alien Verification for Entitlements Program (SAVE) established
28 by the United States Immigration and Naturalization Service in
29 order to verify the validity of documents provided by aliens
30 and to verify an alien's eligibility.
31 (d) The income of an illegal alien or ineligible
25
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 alien, less a pro rata share for the illegal alien or
2 ineligible alien, counts in determining a family's eligibility
3 to participate in the program.
4 (e) The entire assets of an ineligible alien or a
5 disqualified individual who is a mandatory member of a family
6 shall be included in determining the family's eligibility.
7 (10) PARTICIPANT OPPORTUNITIES AND OBLIGATIONS.--An
8 applicant or participant in the WAGES Program has the
9 following opportunities and obligations:
10 (g) To receive information regarding services
11 available from certified domestic violence centers or
12 organizations that provide counseling and supportive services
13 to individuals who are past or present victims of domestic
14 violence or who are at risk of domestic violence and, upon
15 request, to be referred to such organizations in a manner
16 which protects the individual's confidentiality.
17 (15) PROHIBITIONS AND RESTRICTIONS.--
18 (d) Notwithstanding any law to the contrary, if a
19 parent or caretaker relative without good cause does not
20 cooperate with the state agency responsible for administering
21 the child support enforcement program in establishing,
22 modifying, or enforcing a support order with respect to a
23 child of a teen parent or other family member, or a child of a
24 family member who is in the care of an adult relative,
25 temporary cash assistance to the entire family shall be denied
26 until the state agency indicates that cooperation by the
27 parent or caretaker relative has been satisfactory. To the
28 extent permissible under federal law, a parent or caretaker
29 relative shall not be penalized for failure to cooperate with
30 paternity establishment or with the establishment,
31 modification, or enforcement of a support order when such
26
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 cooperation could subject an individual to a risk of domestic
2 violence. Such risk shall constitute good cause to the extent
3 permitted by Title IV-D of the Social Security Act, as
4 amended, or other federal law.
5 Section 8. Subsection (2) of section 414.115, Florida
6 Statutes, is amended to read:
7 414.115 Limited temporary cash assistance for children
8 born to families receiving temporary cash assistance.--
9 (2) Subsection (1) does not apply:
10 (a) To a program participant who is a victim of rape
11 or incest if the victim files a police report on the rape or
12 incest within 30 days after the incident;
13 (b) To a program participant who is confirmed by the
14 Title IV-D child support agency as having been granted an
15 exemption from participating in requirements for the
16 enforcement of child support due to circumstances consistent
17 with the conception of the child as a result of rape, incest,
18 or sexual exploitation. A child for whom an exemption is
19 claimed under this paragraph and for whom an application has
20 been made for a good-cause exemption from the requirements of
21 s. 414.095 shall receive temporary benefits until a
22 determination is made on the application for a good-cause
23 exemption from the requirements of s. 414.095;
24 (c)(b) To children who are the firstborn, including
25 all children in the case of multiple birth, of minors included
26 in a temporary cash assistance group who as minors become
27 first-time parents;
28 (d)(c) To a child when parental custody has been
29 legally transferred; or
30 (e)(d) To a child who is no longer able to live with
31 his or her parents as a result of:
27
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 1. The death of the child's parent or parents;
2 2. The incapacity of the child's parent or parents as
3 documented by a physician, such that the parent or parents are
4 unable to care for the child;
5 3. Legal transfer of the custody of the child to
6 another individual;
7 4. Incarceration of the child's parent or parents,
8 except that the child shall not receive temporary cash
9 assistance if a parent is subsequently released and reunited
10 with the child; or
11 5. A situation in which the child's parent's or
12 parents' institutionalization is expected to be for an
13 extended period, as defined by the department.
14 Section 9. Paragraph (g) is added to subsection (1) of
15 section 234.01, Florida Statutes, to read:
16 234.01 Purpose; transportation; when provided.--
17 (1) School boards, after considering recommendations
18 of the superintendent:
19 (g) May provide transportation for WAGES program
20 participants as defined in s. 414.0252.
21 Section 10. Present paragraph (b) of subsection (1) of
22 section 234.211, Florida Statutes, is redesignated as
23 paragraph (c), and a new paragraph (b) is added to that
24 subsection to read:
25 234.211 Use of school buses for public purposes.--
26 (1)
27 (b) Each school district may enter into agreements
28 with local WAGES coalitions for the provision of
29 transportation services to WAGES program participants as
30 defined in s. 414.0252. Agreements must provide for
31 reimbursement in full or in part for the proportionate share
28
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 of fixed and operating costs incurred by the school district
2 attributable to the use of buses in accordance with the
3 agreement.
4 Section 11. Subsection (13) is added to section
5 341.041, Florida Statutes, to read:
6 341.041 Transit responsibilities of the
7 department.--The department shall, within the resources
8 provided pursuant to chapter 216:
9 (13) Assist local governmental entities and other
10 transit operators in the planning, development, and
11 coordination of transit services for WAGES program
12 participants as defined in s. 414.0252.
13 Section 12. Subsections (1) and (2) of section
14 341.052, Florida Statutes, are amended to read:
15 341.052 Public transit block grant program;
16 administration; eligible projects; limitation.--
17 (1) There is created a public transit block grant
18 program which shall be administered by the department. Block
19 grant funds shall only be provided to "Section 9" providers
20 and "Section 18" providers designated by the United States
21 Department of Transportation and community transportation
22 coordinators as defined in chapter 427. Eligible providers
23 must establish public transportation development plans
24 consistent, to the maximum extent feasible, with approved
25 local government comprehensive plans of the units of local
26 government in which the provider is located. In developing
27 public transportation development plans, eligible providers
28 must solicit comments from local WAGES coalitions established
29 under chapter 414. The development plans must address how the
30 public transit provider will work with the appropriate local
31 WAGES coalition to provide services to WAGES participants.
29
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 Eligible providers must review program and financial plans
2 established under s. 414.028 and provide information to the
3 local WAGES coalition serving the county in which the provider
4 is located regarding the availability of transportation
5 services to assist WAGES program participants.
6 (2) Costs for which public transit block grant program
7 funds may be expended include:
8 (a) Costs of public bus transit and local public fixed
9 guideway capital projects.
10 (b) Costs of public bus transit service development
11 and transit corridor projects. Whenever block grant funds are
12 used for a service development project or a transit corridor
13 project, the use of such funds is governed by s. 341.051.
14 Local transit service development projects and transit
15 corridor projects currently operating under contract with the
16 department shall continue to receive state funds according to
17 the contract until such time as the contract expires. Transit
18 corridor projects, wholly within one county, meeting or
19 exceeding performance criteria as described in the contract
20 shall be continued by the transit provider at the same or a
21 higher level of service until such time as the department, the
22 M.P.O., and the service provider, agree to discontinue the
23 service. The provider may not increase fares for services in
24 transit corridor projects wholly within one county without the
25 consent of the department.
26 (c) Costs of public bus transit operations.
27
28 All projects must shall be consistent, to the maximum extent
29 feasible, with the approved local government comprehensive
30 plans of the units of local government comprehensive plans of
31 local government in which the project is located.
30
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 Section 13. Paragraph (a) of subsection (2) of section
2 414.026, Florida Statutes, is amended to read:
3 414.026 WAGES Program State Board of Directors.--
4 (2)(a) The board of directors shall be composed of the
5 following members:
6 1. The Commissioner of Education, or the
7 commissioner's designee.
8 2. The Secretary of Children and Family Services.
9 3. The Secretary of Health.
10 4. The Secretary of Labor and Employment Security.
11 5. The Secretary of Community Affairs.
12 6. The Secretary of Transportation, or the secretary's
13 designee.
14 7.6. The director of the Office of Tourism, Trade, and
15 Economic Development.
16 8.7. The president of the Enterprise Florida workforce
17 development board, established under s. 288.9620.
18 9.8. The chief executive officer of the Florida
19 Tourism Industry Marketing Corporation, established under s.
20 288.1226.
21 10.9. Nine members appointed by the Governor, as
22 follows:
23 a. Six members shall be appointed from a list of ten
24 nominees, of which five must be submitted by the President of
25 the Senate and five must be submitted by the Speaker of the
26 House of Representatives. The list of five nominees submitted
27 by the President of the Senate and the Speaker of the House of
28 Representatives must each contain at least three individuals
29 employed in the private sector, two of whom must have
30 management experience. One of the five nominees submitted by
31 the President of the Senate and one of the five nominees
31
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 submitted by the Speaker of the House of Representatives must
2 be an elected local government official who shall serve as an
3 ex officio nonvoting member.
4 b. Three members shall be at-large members appointed
5 by the Governor.
6 c. Of the nine members appointed by the Governor, at
7 least six must be employed in the private sector and of these,
8 at least five must have management experience.
9
10 The members appointed by the Governor shall be appointed to
11 4-year, staggered terms. Within 60 days after a vacancy occurs
12 on the board, the Governor shall fill the vacancy of a member
13 appointed from the nominees submitted by the President of the
14 Senate and the Speaker of the House of Representatives for the
15 remainder of the unexpired term from one nominee submitted by
16 the President of the Senate and one nominee submitted by the
17 Speaker of the House of Representatives. Within 60 days after
18 a vacancy of a member appointed at-large by the Governor
19 occurs on the board, the Governor shall fill the vacancy for
20 the remainder of the unexpired term. The composition of the
21 board must generally reflect the racial, gender, and ethnic
22 diversity of the state as a whole.
23 Section 14. Section 414.20, Florida Statutes, is
24 amended to read:
25 414.20 Other support services.--Support services shall
26 be provided, if resources permit, to assist participants in
27 complying with work activity requirements outlined in s.
28 414.065. If resources do not permit the provision of needed
29 support services, the department and the Department of Labor
30 and Employment Security may prioritize or otherwise limit
31 provision of support services. This section does not
32
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 constitute an entitlement to support services. Lack of
2 provision of support services may be considered as a factor in
3 determining whether good cause exists for failing to comply
4 with work activity requirements but does not automatically
5 constitute good cause for failing to comply with work activity
6 requirements, and does not affect any applicable time limit on
7 the receipt of temporary cash assistance or the provision of
8 services under this chapter. Support services shall include,
9 but need not be limited to:
10 (1) TRANSPORTATION.--Transportation expenses may be
11 provided to any participant when the assistance is needed to
12 comply with work activity requirements or employment
13 requirements, including transportation to and from a child
14 care provider. Payment may be made in cash or tokens in
15 advance or through reimbursement paid against receipts or
16 invoices. Transportation services may include, but are not
17 limited to, cooperative arrangements with the following:
18 public transit providers; community transportation
19 coordinators designated under chapter 427; school districts,
20 churches and community centers; donated motor vehicle
21 programs, vanpools, and ridesharing programs; small enterprise
22 developments and entrepreneurial programs that encourage WAGES
23 participants to become transportation providers; public and
24 private transportation partnerships; and other innovative
25 strategies to expand transportation options available to
26 program participants.
27 (a) Local WAGES coalitions are authorized to provide
28 payment for vehicle operational and repair expenses, including
29 repair expenditures necessary to make a vehicle functional;
30 vehicle registration fees; driver's license fees; and
31 liability insurance for the vehicle for a period of up to 6
33
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 months. Request for vehicle repairs must be accompanied by an
2 estimate of the cost prepared by a repair facility registered
3 under s. 559.904.
4 (b) Transportation disadvantaged funds as defined in
5 chapter 427 do not include WAGES support services funds or
6 funds appropriated to assist persons eligible under the Job
7 Training Partnership Act. It is the intent of the Legislature
8 that local WAGES coalitions and regional workforce development
9 boards consult with local community transportation
10 coordinators designated under chapter 427 regarding the
11 availability and cost of transportation services through the
12 coordinated transportation system prior to contracting for
13 comparable transportation services outside the coordinated
14 system. Support services funds may also be used to develop
15 transportation resources to expand transportation options
16 available to participants. These services may include
17 cooperative arrangements with local transit authorities or
18 school districts and small enterprise development.
19 (2) ANCILLARY EXPENSES.--Ancillary expenses such as
20 books, tools, clothing, fees, and costs necessary to comply
21 with work activity requirements or employment requirements may
22 be provided.
23 (3) MEDICAL SERVICES.--A family that meets the
24 eligibility requirements for Medicaid shall receive medical
25 services under the Medicaid program.
26 (4) PERSONAL AND FAMILY COUNSELING AND
27 THERAPY.--Counseling may be provided to participants who have
28 a personal or family problem or problems caused by substance
29 abuse that is a barrier to compliance with work activity
30 requirements or employment requirements. In providing these
31 services, the department and the Department of Labor and
34
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 Employment Security shall use services that are available in
2 the community at no additional cost. If these services are not
3 available, the department and the Department of Labor and
4 Employment Security may use support services funds. Personal
5 or family counseling not available through Medicaid may not be
6 considered a medical service for purposes of the required
7 statewide implementation plan or use of federal funds.
8 Section 15. Section 414.25, Florida Statutes, is
9 amended to read:
10 414.25 Exemption from leased real property
11 requirements.--In order to facilitate implementation of this
12 chapter with respect to establishing jobs and benefits
13 offices, the Department of Labor and Employment Security and
14 the Department of Children and Family Services are exempt from
15 the requirements of 255.25(2)(b) and 255.25(3)(a) which relate
16 to the requirement of advertisement for and receipt of
17 competitive bids for the procurement of leased real property.
18 This exemption expires June 30, 1999 s. 255.25 which relate to
19 the procurement of leased real property. This exemption
20 expires June 30, 1998.
21 Section 16. Section 414.225, Florida Statutes, is
22 created to read:
23 414.225 Transitional transportation.--In order to
24 assist former WAGES participants in maintaining and sustaining
25 employment, transportation may be provided, if funds are
26 available, for up to 1 year after the participant is no longer
27 eligible to participate in the program due to earnings. This
28 does not constitute an entitlement to transitional
29 transportation. If funds are not sufficient to provide
30 services under this section, the department may limit or
31 otherwise prioritize transportation services.
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 (1) Transitional transportation must be job related.
2 (2) Transitional transportation may include expenses
3 identified in s. 414.20.
4 Section 17. Subsection (27) is added to section
5 427.013, Florida Statutes, to read:
6 427.013 The Commission for the Transportation
7 Disadvantaged; purpose and responsibilities.--The purpose of
8 the commission is to accomplish the coordination of
9 transportation services provided to the transportation
10 disadvantaged. The goal of this coordination shall be to
11 assure the cost-effective provision of transportation by
12 qualified community transportation coordinators or
13 transportation operators for the transportation disadvantaged
14 without any bias or presumption in favor of multioperator
15 systems or not-for-profit transportation operators over single
16 operator systems or for-profit transportation operators. In
17 carrying out this purpose, the commission shall:
18 (27) Ensure that local community transportation
19 coordinators work cooperatively with local WAGES coalitions
20 established in chapter 414 to provide assistance in the
21 development of innovative transportation services for WAGES
22 participants.
23 Section 18. Subsection (9) is added to section
24 427.0155, Florida Statutes, to read:
25 427.0155 Community transportation coordinators; powers
26 and duties.--Community transportation coordinators shall have
27 the following powers and duties:
28 (9) Work cooperatively with local WAGES coalitions
29 established in chapter 414 to provide assistance in the
30 development of innovative transportation services for WAGES
31 participants.
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 Section 19. Subsection (7) is added to section
2 427.0157, Florida Statutes, to read:
3 427.0157 Coordinating boards; powers and duties.--The
4 purpose of each coordinating board is to develop local service
5 needs and to provide information, advice, and direction to the
6 community transportation coordinators on the coordination of
7 services to be provided to the transportation disadvantaged.
8 The commission shall, by rule, establish the membership of
9 coordinating boards. The members of each board shall be
10 appointed by the metropolitan planning organization or
11 designated official planning agency. The appointing authority
12 shall provide each board with sufficient staff support and
13 resources to enable the board to fulfill its responsibilities
14 under this section. Each board shall meet at least quarterly
15 and shall:
16 (7) Work cooperatively with local WAGES coalitions
17 established in chapter 414 to provide assistance in the
18 development of innovative transportation services for WAGES
19 participants.
20 Section 20. Subsection (1) and paragraph (a) of
21 subsection (3) of section 212.096, Florida Statutes, are
22 amended to read:
23 212.096 Sales, rental, storage, use tax; enterprise
24 zone jobs credit against sales tax.--
25 (1) For the purposes of the credit provided in this
26 section:
27 (a) "Eligible business" means any sole proprietorship,
28 firm, partnership, corporation, bank, savings association,
29 estate, trust, business trust, receiver, syndicate, or other
30 group or combination, or successor business, located in an
31 enterprise zone. An eligible business does not include any
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 business which has claimed the credit permitted under s.
2 220.181 for any new business employee first beginning
3 employment with the business after July 1, 1995.
4 (b) "Month" means either a calendar month or the time
5 period from any day of any month to the corresponding day of
6 the next succeeding month or, if there is no corresponding day
7 in the next succeeding month, the last day of the succeeding
8 month.
9 (c) "New employee" means a person residing in an
10 enterprise zone, a qualified Job Training Partnership Act
11 classroom training participant, or a WAGES Program participant
12 who begins employment with an eligible business after July 1,
13 1995, and who has not been previously employed within the
14 preceding 12 months by the eligible business, or a successor
15 eligible business, claiming the credit allowed by this
16 section.
17
18 A person shall be deemed to be employed if the person performs
19 duties in connection with the operations of the business on a
20 regular, full-time basis, provided the person is performing
21 such duties for an average of at least 36 hours per week each
22 month, or a part-time basis, provided the person is performing
23 such duties for an average of at least 20 hours per week each
24 month throughout the year. The person must be performing such
25 duties at a business site located in the enterprise zone.
26 (3) In order to claim this credit, an eligible
27 business must file under oath with the governing body or
28 enterprise zone development agency having jurisdiction over
29 the enterprise zone where the business is located, as
30 applicable, a statement which includes:
31 (a) For each new employee for whom this credit is
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 claimed, the employee's name and place of residence, including
2 the identifying number assigned pursuant to s. 290.0065 to the
3 enterprise zone in which the employee resides if the new
4 employee is a person residing in an enterprise zone, and, if
5 applicable, documentation that the employee is a qualified Job
6 Training Partnership Act classroom training participant or a
7 WAGES Program participant.
8 Section 21. Paragraph (q) of subsection (1) of section
9 220.03, Florida Statutes, is amended to read:
10 220.03 Definitions.--
11 (1) SPECIFIC TERMS.--When used in this code, and when
12 not otherwise distinctly expressed or manifestly incompatible
13 with the intent thereof, the following terms shall have the
14 following meanings:
15 (q) "New employee," for the purposes of the enterprise
16 zone jobs credit, means a person residing in an enterprise
17 zone, a qualified Job Training Partnership Act classroom
18 training participant, or a WAGES Program participant employed
19 at a business located in an enterprise zone who begins
20 employment in the operations of the business after July 1,
21 1995, and who has not been previously employed within the
22 preceding 12 months by the business or a successor business
23 claiming the credit pursuant to s. 220.181. A person shall be
24 deemed to be employed by such a business if the person
25 performs duties in connection with the operations of the
26 business on a full-time basis, provided she or he is
27 performing such duties for an average of at least 36 hours per
28 week each month, or a part-time basis, provided she or he is
29 performing such duties for an average of at least 20 hours per
30 week each month throughout the year. The person must be
31 performing such duties at a business site located in an
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 enterprise zone. The provisions of this paragraph shall expire
2 and be void on June 30, 2005.
3 Section 22. Paragraph (a) of subsection (2) of section
4 220.181, Florida Statutes, is amended to read:
5 220.181 Enterprise zone jobs credit.--
6 (2) When filing for an enterprise zone jobs credit, a
7 business must file under oath with the governing body or
8 enterprise zone development agency having jurisdiction over
9 the enterprise zone where the business is located, as
10 applicable, a statement which includes:
11 (a) For each new employee for whom this credit is
12 claimed, the employee's name and place of residence during the
13 taxable year, including the identifying number assigned
14 pursuant to s. 290.0065 to the enterprise zone in which the
15 new employee resides if the new employee is a person residing
16 in an enterprise zone, and, if applicable, documentation that
17 the employee is a qualified Job Training Partnership Act
18 classroom training participant or a WAGES Program participant.
19 Section 23. Subsection (10) is added to section
20 288.047, Florida Statutes, to read:
21 288.047 Quick-response training for economic
22 development.--
23 (10) There is created a Quick-response Training
24 Program for Work and Gain Economic Self-sufficiency (WAGES)
25 participants. Enterprise Florida, Inc., may, at the discretion
26 of the State WAGES Emergency Response Team, award
27 quick-response training grants and develop applicable
28 guidelines for the training of participants in the WAGES
29 Program. In addition to a local economic development
30 organization, grants must be endorsed by the applicable local
31 WAGES coalition and regional workforce development board.
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 (a) Training funded pursuant to this subsection may
2 not exceed 12 months, and may be provided by the local
3 community college, school district, regional workforce
4 development board, or the business employing the participant,
5 including on-the-job training. Training will provide
6 entry-level skills to new workers, including those employed in
7 retail, who are participants in the WAGES Program.
8 (b) WAGES participants trained pursuant to this
9 subsection must be employed at a wage not less than $6.00 per
10 hour.
11 (c) Funds made available pursuant to this subsection
12 may be expended in connection with the relocation of a
13 business from one community to another community if approved
14 by the State WAGES Emergency Response Team.
15 Section 24. Section 414.155, Florida Statutes, is
16 created to read:
17 414.155 Relocation assistance program.--
18 (1) The Legislature recognizes that the need for
19 public assistance may arise because a family is located in an
20 area with limited employment opportunities, because of
21 geographic isolation, because of formidable transportation
22 barriers, because of isolation from their extended family, or
23 because domestic violence interferes with the ability of a
24 parent to maintain self-sufficiency. Accordingly there is
25 established a program to assist families in relocating to
26 communities with greater opportunities for self-sufficiency.
27 (2) The relocation assistance program shall involve
28 five steps by the Department of Children and Family Services
29 or the Department of Labor and Employment Security:
30 (a) A determination that the family is a WAGES Program
31 participant or that all requirements of eligibility for the
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 WAGES Program would likely be met.
2 (b) A determination that there is a basis for
3 believing that relocation will contribute to the ability of
4 the applicant to achieve self-sufficiency. For example, the
5 applicant:
6 1. Is unlikely to achieve independence at the current
7 community of residence;
8 2. Has secured a job that requires relocation to
9 another community;
10 3. Has a family support network in another community;
11 or
12 4. Is determined, pursuant to criteria or procedures
13 established by the WAGES Program State Board of Directors, to
14 be a victim of domestic violence who would experience reduced
15 probability of further incidents through relocation.
16 (c) Establishment of a relocation plan, including a
17 budget and such requirements as are necessary to prevent abuse
18 of the benefit and to provide an assurance that the applicant
19 will relocate. The plan may require that expenditures be made
20 on behalf of the recipient. However, the plan must include
21 provisions to protect the safety of victims of domestic
22 violence and avoid provisions that place them in anticipated
23 danger. The payment to defray relocation expenses shall be
24 limited to an amount not to exceed 4 months' temporary cash
25 assistance, based on family size.
26 (d) A determination, pursuant to criteria adopted by
27 the WAGES Program State Board of Directors, that a Florida
28 community receiving a relocated family has the capacity to
29 provide needed services and employment opportunities.
30 (e) Monitoring the relocation.
31 (3) A family receiving relocation assistance for
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 reasons other than domestic violence must sign an agreement
2 restricting the family from applying for temporary cash
3 assistance for 6 months, unless an emergency is demonstrated
4 to the department. If a demonstrated emergency forces the
5 family to reapply for temporary cash assistance within 6
6 months after receiving a relocation assistance payment,
7 repayment must be made on a prorated basis over an 8-month
8 period and subtracted from any regular payment of temporary
9 cash assistance for which the applicant may be eligible.
10 (4) The Department of Labor and Employment Security
11 shall have authority to adopt rules pursuant to the
12 Administrative Procedure Act to determine that a community has
13 the capacity to provide services and employment opportunities
14 for a relocated family.
15 (5) The Department of Children and Family Services
16 shall have authority to adopt rules pursuant to the
17 Administrative Procedure Act to develop and implement
18 relocation plans and to draft an agreement restricting a
19 family from applying for temporary cash assistance within 6
20 months after receiving a relocation assistance payment.
21 (6)(4) The Department of Labor and Employment Security
22 shall have authority to adopt rules pursuant to the
23 Administrative Procedure Act to determine that a community has
24 the capacity to provide services and employment opportunities
25 for a relocated family.
26 (7)(5) The Department of Children and Family Services
27 shall have authority to adopt rules pursuant to the
28 Administrative Procedure Act to develop and implement
29 relocation plans and to draft an agreement restricting a
30 family from applying for temporary cash assistance within 6
31 months after receiving a relocation assistance payment.
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 Section 25. (1) The sum of $32 million is hereby
2 appropriated from the Employment Security Administration Trust
3 Fund for the Department of Labor and Employment Security,
4 which shall be used to assist WAGES Coalitions to prepare,
5 place, and support WAGES programs participants in jobs or
6 other approved work-related activities. Such expenditures from
7 the Employment Security Administration Trust Fund which are
8 based on receipts from the Temporary Assistance for Needy
9 Families block grant shall be expended in accordance with the
10 requirements and limitations of Part A of Title IV of the
11 Social Security Act, as amended, or any other applicable
12 federal requirement or limitation. Prior to any expenditure of
13 such funds, the Secretary of the Department of Children and
14 Family Services or his designee shall certify that controls
15 are in place to ensure that such funds are expended in
16 accordance with the requirements and limitations of federal
17 law and that any reporting requirements of federal law are
18 met. It shall be the responsibility of any entity to which
19 such funds are appropriated to obtain the required
20 certification prior to any expenditure of funds. The
21 appropriation provided in this subsection is void if an
22 appropriation for the same amount and for the same purposes is
23 contained in another bill that passes after the passage of
24 this bill during the 1998 Regular Session or an extension
25 thereof.
26 (2) A total of $1.9 million is appropriated from the
27 Employment Security Administration Trust Fund to establish a
28 life preparation program with the National Guard for children
29 of WAGES participants and economically disadvantaged youths in
30 concert with neighborhood revitalization efforts.
31 (3) The following resources are designated for support
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 of the WAGES Program Employment Projects. Any expenditures
2 from the Temporary Assistance for Needy Families block grant
3 or Job Training Partnership Act shall be expended in
4 accordance with the requirements and limitations of part A of
5 Title IV of the Social Security Act, as amended or any other
6 applicable federal requirement or limitation. Prior to any
7 expenditure of such funds, the secretaries of the departments
8 of Children and Family Services and Labor and Employment
9 Secruity, or their designees shall certify that controls are
10 in place to insure such funds are expended in accordance with
11 the requirements and limitations of federal law and that any
12 reporting requirements of federal law are met. It shall be
13 the responsibility of any entity to which such funds are
14 appropriated to obtain the required certification prior to any
15 expenditure of funds.
16 (a) Up to $25 million of funds designated for WAGES
17 reserve is to be expended for WAGES Program Employment
18 Projects.
19 (b) Up to $7.5 million from Employment Security
20 Administration Trust Fund amounts associated with the
21 Welfare-to-Work grant is to be reserved for WAGES Program
22 Employment Projects. Of the $7.5 million reserved, $2.5
23 million is to be provided to the Institute of Food and
24 Agricultural Sciences of the University of Florida for WAGES
25 job opportunities, and $1 million is to be provided to the
26 Department of Military Affairs to provide job readiness
27 services for WAGES Program participants as approved by the
28 State WAGES Board.
29
30
31
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 60, line 14, of the amendment
4 To page 65, line 18, of the amendment
5 remove: all of said lines
6
7 and insert in lieu thereof:
8 An act relating to the WAGES Program; amending
9 s. 414.026, F.S.; requiring that the WAGES
10 Program State Board of Directors approve any
11 WAGES-related proposed administrative rules;
12 requiring collaboration with the WAGES State
13 Board concerning other actions by the Workforce
14 Development Board of Enterprise Florida, Inc.,
15 and state agencies; extending the existence of
16 the WAGES Program State Board of Directors;
17 amending s. 414.028, F.S.; revising
18 requirements for a member of a local WAGES
19 coalition in the case of a conflict of
20 interest; providing requirements for disclosing
21 any such conflict; providing for certain
22 nonvoting members to be appointed to a local
23 coalition; requiring a local coalition to
24 deliver certain services under the WAGES
25 Program; providing for staff support for local
26 coalitions; requiring that the program and
27 financial plan developed by a local WAGES
28 coalition include provisions for providing
29 services for victims of domestic violence and
30 describing development of the plan; creating s.
31 414.030, F.S.; creating a process for fostering
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 the development or completion of certain WAGES
2 Program Employment Projects, providing duties
3 and requirements; amending s. 414.065, F.S.;
4 deleting provisions that require an employer to
5 repay certain supplements or incentives under
6 specified circumstances; creating a WAGES
7 training bonus to be paid to an employer who
8 hires certain program participants; providing
9 protection for current employees; providing an
10 exception from the work requirements for
11 certain individuals at risk of domestic
12 violence; providing an exception for a
13 specified period for certain individuals
14 impaired by past incidents of domestic
15 violence, under certain circumstances; amending
16 s. 414.105, F.S.; providing that an individual
17 who cares for a disabled family member is
18 exempt from certain time limitations;
19 permitting domestic violence victims to be
20 granted hardship exemptions not subject to
21 certain percentage limitations, under specified
22 circumstances; providing legislative intent;
23 amending s. 414.0252, F.S.; providing
24 definitions; amending s. 414.095, F.S.;
25 allowing certain individuals to qualify as
26 noncitizens for purpose of the WAGES Program,
27 allowing WAGES participants to receive
28 information regarding domestic violence support
29 services, providing that risk of domestic
30 violence is good cause for not cooperating with
31 paternity establishment; amending s. 414.115,
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 F.S.; providing that limited temporary cash
2 assistance provisions do not apply to certain
3 circumstances resulting from rape, incest, or
4 sexual exploitation; amending s. 234.01, F.S.;
5 authorizing school districts to provide
6 transportation for WAGES participants; amending
7 s. 234.211, F.S.; providing for reimbursement
8 of school districts; amending s. 341.041, F.S.;
9 establishing responsibilities of the Department
10 of Transportation with respect to transit
11 services for WAGES participants; amending s.
12 341.052, F.S.; relating to duties of public
13 transit block grant recipients to coordinate
14 with local WAGES coalitions regarding
15 transportation services; deleting duplicative
16 provisions; amending s. 414.026, F.S.; revising
17 membership of the WAGES Program State Board of
18 Directors; amending s. 414.20, F.S.; clarifying
19 transportation options available to local WAGES
20 coalitions to assist WAGES participants;
21 amending s. 414.25, F.S.; extending the
22 exemption from leased real property
23 requirements for the WAGES Program to June 30,
24 1999; creating s. 414.225, F.S.; providing for
25 the provision of transitional transportation
26 for former WAGES participants; amending s.
27 427.013, F.S.; providing for the duties of the
28 Commission for the Transportation Disadvantaged
29 regarding WAGES transportation; amending s.
30 427.0155, F.S.; providing for the duties of
31 community transportation coordinators regarding
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HOUSE AMENDMENT
Bill No. CS for SB 1114
Amendment No. 001 (for drafter's use only)
1 WAGES transportation; amending s. 427.0157,
2 F.S.; providing for the duties of the local
3 coordinating boards regarding WAGES
4 transportation; amending s. 212.096, F.S.;
5 expanding enterprise zone sales tax credit to
6 JTPA or WAGES Program participants not residing
7 in an enterprise zone; requiring documentation;
8 amending s. 220.03, F.S.; expanding enterprise
9 zone corporate tax credit to JTPA or WAGES
10 Program participants not residing in an
11 enterprise zone; amending s. 220.181, F.S.;
12 requiring documentation; amending s. 288.047,
13 F.S.; creating a Quick-response Training
14 Program for WAGES participants; providing
15 requirements; creating s. 414.155, F.S.;
16 providing a relocation assistance program for
17 families receiving or eligible to receive WAGES
18 Program assistance; providing responsibilities
19 of the Department of Children and Family
20 Services and the Department of Labor and
21 Employment Security; providing for a relocation
22 plan and for monitoring of the relocation;
23 requiring agreements restricting application
24 for temporary cash assistance for a specified
25 period; providing exceptions; requiring
26 repayment of temporary cash assistance provided
27 under certain circumstances, and reduced
28 eligibility for future assistance; providing
29 authority for rules; providing appropriations;
30
31
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