Senate Bill 1114e1

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    CS for SB 1114                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to the WAGES Program; amending

  3         s. 414.026, F.S.; requiring that the WAGES

  4         Program State Board of Directors approve any

  5         WAGES-related proposed administrative rules;

  6         requiring collaboration with the WAGES State

  7         Board concerning other actions by the Workforce

  8         Development Board of Enterprise Florida, Inc.,

  9         and state agencies; extending the existence of

10         the WAGES Program State Board of Directors;

11         allowing the Governor to designate the WAGES

12         Program State Board of Directors as a nonprofit

13         corporation; providing requirements; amending

14         s. 414.028, F.S.; revising requirements for a

15         member of a local WAGES coalition in the case

16         of a conflict of interest; providing

17         requirements for disclosing any such conflict;

18         providing for certain nonvoting members to be

19         appointed to a local coalition; requiring a

20         local coalition to deliver certain services

21         under the WAGES Program; providing for staff

22         support for local coalitions; requiring that

23         the program and financial plan developed by a

24         local WAGES coalition include provisions for

25         providing services for victims of domestic

26         violence and describing development of the

27         plan; amending s. 414.065, F.S.; deleting

28         provisions that require an employer to repay

29         certain supplements or incentives under

30         specified circumstances; creating a WAGES

31         training bonus to be paid to an employer who


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    CS for SB 1114                                 First Engrossed



  1         hires certain program participants; providing

  2         protection for current employees; providing an

  3         exception from the work requirements for

  4         certain individuals at risk of domestic

  5         violence; providing an exception for a

  6         specified period for certain individuals

  7         impaired by past incidents of domestic

  8         violence, under certain circumstances; amending

  9         s. 414.20, F.S.; clarifying transportation

10         options available to local WAGES coalitions to

11         assist WAGES participants; amending s. 414.105,

12         F.S.; providing for eligibility for extended

13         temporary cash assistance under specified

14         circumstances; providing that an individual who

15         cares for a disabled family member is exempt

16         from certain time limitations; permitting

17         domestic violence victims to be granted

18         hardship exemptions not subject to certain

19         percentage limitations, under specified

20         circumstances; providing legislative intent;

21         amending s. 234.01, F.S.; authorizing school

22         districts to provide transportation for WAGES

23         participants; amending s. 234.211, F.S.;

24         providing for reimbursement of school

25         districts; amending s. 341.041, F.S.;

26         establishing responsibilities of the Department

27         of Transportation with respect to transit

28         services for WAGES participants; amending s.

29         341.052, F.S.; relating to duties of public

30         transit block grant recipients to coordinate

31         with local WAGES coalitions regarding


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    CS for SB 1114                                 First Engrossed



  1         transportation services; deleting duplicative

  2         provisions; amending s. 414.026, F.S.; revising

  3         membership of the WAGES Program State Board of

  4         Directors; creating s. 414.225, F.S.; providing

  5         for the provision of transitional

  6         transportation for former WAGES participants;

  7         amending s. 427.013, F.S.; providing for the

  8         duties of the Commission for the Transportation

  9         Disadvantaged regarding WAGES transportation;

10         amending s. 427.0155, F.S.; providing for the

11         duties of community transportation coordinators

12         regarding WAGES transportation; amending s.

13         427.0157, F.S.; providing for the duties of the

14         local coordinating boards regarding WAGES

15         transportation; creating s. 414.80, F.S.;

16         designating specified sections as the "WAGES

17         Targeted Employment Act"; creating s. 414.810,

18         F.S.; providing legislative findings and

19         intent; creating s. 414.811, F.S.; providing

20         for policy and purposes relating to the WAGES

21         Targeted Employment Program; creating s.

22         414.812, F.S.; limiting authority of the WAGES

23         Targeted Employment Team; creating s. 414.813,

24         F.S.; providing for liberal construction;

25         creating s. 414.820, F.S.; designating areas of

26         critical state economic concern; creating s.

27         414.830, F.S.; providing for WAGES Targeted

28         Employment Team Coordinators; providing team

29         authorities; providing for gubernatorial

30         authorities; creating s. 414.840, F.S.;

31         creating Regional WAGES Targeted Employment


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    CS for SB 1114                                 First Engrossed



  1         Teams; providing for responsibilities; creating

  2         s. 414.845, F.S.; creating local project teams;

  3         providing for powers and responsibilities for

  4         such teams; providing guidelines for

  5         prioritization of projects; creating s.

  6         414.850, F.S.; providing for expiration and

  7         review of the WAGES Targeted Employment

  8         Program; creating s. 414.860, F.S.; providing

  9         for a legislative oversight committee;

10         requiring a contract related to job creation

11         and training activities; amending s. 159.8083,

12         F.S.; providing certification priority;

13         amending s. 212.08, F.S.; exempting certain

14         property based in enterprise zones from the

15         sales tax under certain circumstances; amending

16         s. 212.096, F.S.; expanding enterprise zone

17         sales tax credit to JTPA or WAGES participants

18         not residing in an enterprise zone; requiring

19         documentation; amending s. 220.03, F.S.;

20         expanding enterprise zone corporate tax credit

21         to JTPA or WAGES participants not residing in

22         an enterprise zone; amending s. 220.181, F.S.;

23         requiring documentation; amending s. 288.047,

24         F.S.; creating a Quick-response Training

25         Program for WAGES participants; providing

26         requirements; amending s. 370.28, F.S.;

27         providing that a business located in an

28         enterprise zone in a community impacted by net

29         limitations is eligible for the maximum sales

30         tax exemption for building materials used in

31         the rehabilitation of real property in an


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    CS for SB 1114                                 First Engrossed



  1         enterprise zone, for business property used in

  2         an enterprise zone, and for electrical energy

  3         used in an enterprise zone, and the maximum

  4         enterprise zone property tax credit against the

  5         corporate income tax, if a specified percentage

  6         of its employees are residents of the

  7         jurisdiction of the county, rather than of the

  8         enterprise zone; requiring businesses eligible

  9         to receive certain tax credits to apply for

10         such credits by a time certain; providing an

11         appropriation from federal funds to support

12         local WAGES coalitions; creating s. 414.155,

13         F.S.; providing a relocation assistance program

14         for families receiving or eligible to receive

15         WAGES Program assistance; providing

16         responsibilities of the Department of Children

17         and Family Services and the Department of Labor

18         and Employment Security; providing for a

19         relocation plan and for monitoring of the

20         relocation; requiring agreements restricting

21         application for temporary cash assistance for a

22         specified period; providing exceptions;

23         requiring repayment of temporary cash

24         assistance provided under certain

25         circumstances, and reduced eligibility for

26         future assistance; providing rulemaking

27         authority for the Department of Children and

28         Family Services and the Department of Labor and

29         Employment Security; prescribing that the

30         relocation assistance program shall not be

31         construed to require relocation of a WAGES


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    CS for SB 1114                                 First Engrossed



  1         participant; requiring approval of the

  2         relocation plan of a WAGES participant;

  3         designating resources for support of the WAGES

  4         Targeted Employment Program; appropriating

  5         resources for the life preparation program;

  6         providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Present subsection (4) of section 414.026,

11  Florida Statutes, is redesignated as subsection (6) and

12  amended, and new subsections (4) and (5) are added to that

13  section, to read:

14         414.026  WAGES Program State Board of Directors.--

15         (4)  The WAGES Program State Board of Directors must

16  approve the WAGES State Plan, the operating budget and any

17  amendments thereto, and any WAGES-related proposed

18  administrative rules. In addition, state agencies charged by

19  law with implementation of the WAGES Program and the Workforce

20  Development Board of Enterprise Florida, Inc., shall

21  collaborate with the staff of the WAGES Program State Board of

22  Directors on all WAGES-related policies, requests for

23  proposals, and related directives.

24         (5)(a)  The Governor, by executive order, may designate

25  the WAGES Program State Board of Directors as a nonprofit

26  corporation for the purpose of receiving federal funds and

27  providing oversight and maintenance to the WAGES Program and

28  in administering the State Plans for Aid and Services to Needy

29  Families with Children under 42 U.S.C. s. 602, as amended. The

30  nonprofit corporation shall be known as WAGES, Inc., and may,

31


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    CS for SB 1114                                 First Engrossed



  1  by executive order, be designated as the state agency required

  2  by 42 U.S.C. s. 602(a)(3).

  3         (b)  The executive order designating the nonprofit

  4  corporation must include provisions for the governance and

  5  organizational structure of the corporation which are

  6  consistent with 42 U.S.C. s. 602(a)(5).

  7         (c)  The nonprofit corporation shall be organized under

  8  chapter 617 and shall possess all the powers granted by that

  9  chapter.

10         (d)  The designated nonprofit corporation is eligible

11  to use the state communications system in accordance with s.

12  282.105(3).

13         (e)  Pursuant to the applicable provisions of chapter

14  284, the Division of Risk Management of the Department of

15  Insurance may insure the nonprofit corporation under the same

16  general terms and conditions as other nonprofit, statutory

17  corporations.

18         (f)  All departments, officers, agencies, coalitions,

19  and institutions of the state shall cooperate with the

20  designated nonprofit corporation in the performance of its

21  duties.

22         (g)  The designated nonprofit corporation shall make

23  provisions for an annual postaudit of its financial accounts

24  by an independent certified public accountant. The annual

25  audit shall be submitted to the Executive Office of the

26  Governor for review.

27         (h)  WAGES, Inc., shall make all arrangements and

28  fulfill all legal conditions to become a nonprofit

29  corporation.

30         (i)  The nonprofit corporation shall make available to

31  the public, upon request, copies of 42 U.S.C. s. 602, as


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    CS for SB 1114                                 First Engrossed



  1  amended; applicable state laws; and any executive orders

  2  establishing WAGES, Inc.

  3         (j)  The nonprofit corporation is subject to the

  4  provisions of chapter 119, relating to public records, and

  5  those provisions of chapter 286 relating to public meetings

  6  and records.

  7         (k)  The nonprofit corporation is authorized to hire an

  8  executive director and appropriate staff. The nonprofit

  9  corporation shall annually, by February 1, provide the

10  Legislature with a list of staff and salaries.

11         (6)(4)  This section expires June 30, 2002 1999, and

12  shall be reviewed by the Legislature prior to that date. In

13  its review, the Legislature shall assess the status of the

14  WAGES Program and shall determine if the responsibility for

15  administering the program should be transferred to other state

16  agencies.

17         Section 2.  Section 414.028, Florida Statutes, is

18  amended to read:

19         414.028  Local WAGES coalitions.--The WAGES Program

20  State Board of Directors shall create and charter local WAGES

21  coalitions to plan and coordinate the delivery of services

22  under the WAGES Program at the local level. The boundaries of

23  the service area for a local WAGES coalition shall conform to

24  the boundaries of the service area for the regional workforce

25  development board established under the Enterprise Florida

26  workforce development board. The local delivery of services

27  under the WAGES Program shall be coordinated, to the maximum

28  extent possible, with the local services and activities of the

29  local service providers designated by the regional workforce

30  development boards.

31


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    CS for SB 1114                                 First Engrossed



  1         (1)(a)  Each local WAGES coalition must have a minimum

  2  of 11 members, of which at least one-half must be from the

  3  business community. The composition of the coalition

  4  membership must generally reflect the racial, gender, and

  5  ethnic diversity of the community as a whole. All members

  6  shall be appointed to 3-year terms. The membership of each

  7  coalition must include:

  8         1.  Representatives of the principal entities that

  9  provide funding for the employment, education, training, and

10  social service programs that are operated in the service area,

11  including, but not limited to, representatives of local

12  government, the regional workforce development board, and the

13  United Way.

14         2.  A representative of the health and human services

15  board.

16         3.  A representative of a community development board.

17         4.  Three representatives of the business community who

18  represent a diversity of sizes of businesses.

19         5.  Representatives of other local planning,

20  coordinating, or service-delivery entities.

21         6.  A representative of a grassroots community or

22  economic development organization that serves the poor of the

23  community.

24         (b)  A person may be a member of a local WAGES

25  coalition or a combined WAGES coalition as provided in

26  subsection (2) regardless of whether the member, or an

27  organization represented by a member, could benefit

28  financially from transactions of the coalition. However, if

29  the coalition enters into a contract with an organization or

30  individual represented on the coalition, the contract must be

31  approved by a two-thirds vote of the entire board, and the


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    CS for SB 1114                                 First Engrossed



  1  board member who could benefit financially from the

  2  transaction must abstain from voting. A board member must

  3  disclose any such conflict in a manner that is approved by the

  4  WAGES Program State Board of Directors and is consistent with

  5  the procedures outlined in s. 112.3143. A representative of an

  6  agency or entity that could benefit financially from funds

  7  appropriated under the WAGES Program may not be a member of a

  8  local WAGES coalition.

  9         (c)  A member of the board of a public or private

10  educational institution may not serve as a member of a local

11  WAGES coalition.

12         (d)  A representative of any county or municipal

13  governing body that elects to provide services through the

14  local WAGES coalition shall be an ex officio, nonvoting member

15  of the coalition.

16         (e)  A representative of a county health department or

17  a representative of a healthy start coalition shall serve as

18  an ex officio, nonvoting member of the coalition.

19         (f)  This subsection does not prevent a local WAGES

20  coalition from extending regular, voting membership to not

21  more than one representative of a county health department and

22  not more than one representative of a healthy start coalition.

23         (2)  A local WAGES coalition and a regional workforce

24  development board may be combined into one board if the

25  membership complies with subsection (1), and if the membership

26  of the combined board meets the requirements of Pub. L. No.

27  97-300, the federal Job Training Partnership Act, as amended,

28  and with any law delineating the membership requirements for

29  the regional workforce development boards. Notwithstanding

30  paragraph (1)(b), in a region in which the duties of the two

31  boards are combined, a person may be a member of the WAGES


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    CS for SB 1114                                 First Engrossed



  1  coalition even if the member, or the member's principal, could

  2  benefit financially from transactions of the coalition.

  3  However, members must recuse themselves from voting on all

  4  matters from which they or their principals could benefit

  5  financially. Failure to recuse on any such vote will

  6  constitute grounds for immediate removal from the local WAGES

  7  coalition.

  8         (3)  The statewide implementation plan prepared by the

  9  WAGES Program State Board of Directors shall prescribe and

10  publish the process for chartering the local WAGES coalitions.

11         (4)  Each local WAGES coalition shall perform the

12  planning, coordination, and oversight functions specified in

13  the statewide implementation plan, including, but not limited

14  to:

15         (a)  Developing a program and financial plan to achieve

16  the performance outcomes specified by the WAGES Program State

17  Board of Directors for current and potential program

18  participants in the service area. The plan must reflect the

19  needs of service areas for seed money to create programs that

20  assist children of WAGES participants. The plan must also

21  include provisions for providing services for victims of

22  domestic violence.

23         (b)  Developing a funding strategy to implement the

24  program and financial plan which incorporates resources from

25  all principal funding sources.

26         (c)  Identifying employment, service, and support

27  resources in the community which may be used to fulfill the

28  performance outcomes of the WAGES Program.

29         (d)  In cooperation with the regional workforce

30  development board, coordinating the implementation of one-stop

31  career centers.


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  1         (e)  Advising the Department of Children and Family

  2  Services and the Department of Labor and Employment Security

  3  with respect to the competitive procurement of services under

  4  the WAGES Program.

  5         (f)  Selecting an entity to administer the program and

  6  financial plan, such as a unit of a political subdivision

  7  within the service area, a not-for-profit private organization

  8  or corporation, or any other entity agreed upon by the local

  9  WAGES coalition.

10         (g)  Developing a plan for services for victims of

11  domestic violence.

12         1.  The WAGES Program State Board of Directors shall

13  specify requirements for the local plan, including:

14         a.  Criteria for determining eligibility for exceptions

15  to state work requirements;

16         b.  The programs and services to be offered to victims

17  of domestic violence;

18         c.  Time limits for exceptions to program requirements,

19  which may not result in an adult participant exceeding the

20  federal time limit for exceptions or the state lifetime

21  benefit limit that the participant would otherwise be entitled

22  to receive; and

23         d.  An annual report on domestic violence, including

24  the progress made in reducing domestic violence as a barrier

25  to self-sufficiency among WAGES participants, local policies

26  and procedures for granting exceptions and exemptions from

27  program requirements due to domestic violence, and the number

28  and percentage of cases in which such exceptions and

29  exemptions are granted.

30

31


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    CS for SB 1114                                 First Engrossed



  1         2.  Each local WAGES coalition plan must specify

  2  provisions for coordinating and, where appropriate, delivering

  3  services, including:

  4         a.  Provisions for the local coalition to coordinate

  5  with law enforcement agencies and social service agencies and

  6  organizations that provide services and protection to victims

  7  of domestic violence;

  8         b.  Provisions for allowing participants access to

  9  domestic violence support services and ensuring that WAGES

10  participants are aware of domestic violence shelters,

11  hotlines, and other domestic violence services and policies;

12         c.  Designation of the agency that is responsible for

13  determining eligibility for exceptions from program

14  requirements due to domestic violence;

15         d.  Provisions that require each individual who is

16  granted an exemption from program requirements due to domestic

17  violence to participate in a program that prepares the

18  individual for self-sufficiency and safety; and

19         e.  Where possible and necessary, provisions for job

20  assignments and transportation arrangements that take maximum

21  advantage of opportunities to preserve the safety of the

22  victim of domestic violence and the victim's dependents.

23         (5)  By October 1, 1998, local WAGES coalitions shall

24  deliver through one-stop career centers, the full continuum of

25  services provided under the WAGES Program, including services

26  that are provided at the point of application. The State WAGES

27  Board may direct the Department of Labor and Employment

28  Security to provide such services to WAGES participants if a

29  local WAGES coalition is unable to provide services due to

30  decertification.  Local WAGES coalitions may not determine an

31  individual's eligibility for temporary cash assistance and all


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    CS for SB 1114                                 First Engrossed



  1  education and training shall be provided through agreements

  2  with regional workforce development boards. The local WAGES

  3  coalitions shall develop a transition plan to be approved by

  4  the WAGES Program State Board of Directors. Should career

  5  service employees of the Department of Labor and Employment

  6  Security be subject to layoff due to the local WAGES

  7  coalitions taking over the delivery of such services, such

  8  employees shall be given priority consideration for employment

  9  by the local WAGES coalitions. Positions associated with

10  operation of WAGES Program functions that will be transferred

11  to local WAGES coalitions must be vacated within 60 days after

12  transfer of such functions and placed in reserve by the

13  Executive Office of the Governor.  When positions have been

14  vacated, funds associated with those positions are to be

15  transferred to local WAGES coalitions to support operation of

16  the transferred functions.  The amount of funds provided to

17  each local WAGES coalition will be determined by an allocation

18  formula to be developed by the WAGES Program State Board of

19  Directors.

20         (6)(5)  The WAGES Program State Board of Directors may

21  not approve the program and financial plan of a local

22  coalition unless the plan provides a teen pregnancy prevention

23  component that includes, but is not necessarily limited to, a

24  plan for implementing the Florida Education Now and Babies

25  Later (ENABL) program under s. 411.242 and the Teen Pregnancy

26  Prevention Community Initiative within each county segment of

27  the service area in which the teen childhood birth rate is

28  higher than the state average. Each local WAGES coalition is

29  authorized to fund community-based welfare prevention and

30  reduction initiatives that increase the support provided by

31  noncustodial parents to their welfare-dependent children and


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    CS for SB 1114                                 First Engrossed



  1  are consistent with program and financial guidelines developed

  2  by the WAGES Program State Board of Directors and the

  3  Commission on Responsible Fatherhood. These initiatives may

  4  include, but are not limited to, improved paternity

  5  establishment, work activities for noncustodial parents, and

  6  programs aimed at decreasing out-of-wedlock pregnancies,

  7  encouraging the involvement of fathers with their children,

  8  and increasing child-support payments.

  9         (7)(6)  At the option of the local WAGES coalition,

10  local employees of the department and the Department of Labor

11  and Employment Security shall provide staff support for the

12  local WAGES coalitions. At the option of the local WAGES

13  coalition, Staff support may be provided by another agency, or

14  entity, or by contract if it can be provided at no cost to the

15  state and if the support is not provided by an agency or other

16  entity that could benefit financially from funds appropriated

17  to implement the WAGES Program.

18         (8)(7)  There shall be no liability on the part of, and

19  no cause of action of any nature shall arise against, any

20  member of a local WAGES coalition or its employees or agents

21  for any lawful action taken by them in the performance of

22  their powers and duties under this section and s. 414.029.

23         Section 3.  Paragraph (b) of subsection (1) and

24  subsection (7) of section 414.065, Florida Statutes, are

25  amended and subsection (12) is added to that section to read:

26         414.065  Work requirements.--

27         (1)  WORK ACTIVITIES.--The following activities may be

28  used individually or in combination to satisfy the work

29  requirements for a participant in the WAGES Program:

30         (b)  Subsidized private sector employment.--Subsidized

31  private sector employment is employment in a private


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    CS for SB 1114                                 First Engrossed



  1  for-profit enterprise or a private not-for-profit enterprise

  2  which is directly supplemented by federal or state funds. A

  3  subsidy may be provided in one or more of the forms listed in

  4  this paragraph.

  5         1.  Work supplementation.--A work supplementation

  6  subsidy diverts a participant's temporary cash assistance

  7  under the program to the employer. The employer must pay the

  8  participant wages that equal or exceed the applicable federal

  9  minimum wage. Work supplementation may not exceed 6 months. At

10  the end of the supplementation period, the employer is

11  expected to retain the participant as a regular employee

12  without receiving a subsidy for at least 12 months. A The work

13  supplementation agreement may not be continued with any

14  employer who exhibits a pattern of failing to provide

15  participants with continued employment after the period of

16  work supplementation ends must provide that if the employee is

17  dismissed at any time within 12 months after termination of

18  the supplementation period due in any part to loss of the

19  supplement, the employer shall repay some or all of the

20  supplement previously paid as a subsidy to the employer under

21  the WAGES Program.

22         2.  On-the-job training.--On-the-job training is

23  full-time, paid employment in which the employer or an

24  educational institution in cooperation with the employer

25  provides training needed for the participant to perform the

26  skills required for the position. The employer or the

27  educational institution on behalf of the employer receives a

28  subsidy to offset the cost of the training provided to the

29  participant. Upon satisfactory completion of the training, the

30  employer is expected to retain the participant as a regular

31  employee without receiving a subsidy. An The on-the-job


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    CS for SB 1114                                 First Engrossed



  1  training agreement may not be continued with any employer who

  2  exhibits a pattern of failing to provide participants with

  3  continued employment after the on-the-job training subsidy

  4  ends must provide that in the case of dismissal of a

  5  participant due to loss of the subsidy, the employer shall

  6  repay some or all of the subsidy previously provided by the

  7  department and the Department of Labor and Employment

  8  Security.

  9         3.  Incentive payments.--The department and the

10  Department of Labor and Employment Security may provide

11  additional incentive payments to encourage employers to employ

12  program participants. Incentive payments may include payments

13  to encourage the employment of hard-to-place participants, in

14  which case the amount of the payment shall be weighted

15  proportionally to the extent to which the participant has

16  limitations associated with the long-term receipt of welfare

17  and difficulty in sustaining employment. In establishing

18  incentive payments, the department and the Department of Labor

19  and Employment Security shall consider the extent of prior

20  receipt of welfare, lack of employment experience, lack of

21  education, lack of job skills, and other appropriate factors.

22  A participant who has complied with program requirements and

23  who is approaching the time limit for receiving temporary cash

24  assistance may be defined as "hard-to-place." Incentive

25  payments may include payments in which an initial payment is

26  made to the employer upon the employment of a participant, and

27  the majority of the incentive payment is made after the

28  employer retains the participant as a full-time employee for

29  at least 12 months. An The incentive agreement may not be

30  continued with any employer who exhibits a pattern of failing

31  to provide participants with continued employment after the


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    CS for SB 1114                                 First Engrossed



  1  incentive payments end must provide that if the employee is

  2  dismissed at any time within 12 months after termination of

  3  the incentive payment period due in any part to loss of the

  4  incentive, the employer shall repay some or all of the payment

  5  previously paid as an incentive to the employer under the

  6  WAGES Program.

  7         4.  Tax credits.--An employer who employs a program

  8  participant may qualify for enterprise zone property tax

  9  credits under s. 220.182, the tax refund program for qualified

10  target industry businesses under s. 288.106, or other federal

11  or state tax benefits. The department and the Department of

12  Labor and Employment Security shall provide information and

13  assistance, as appropriate, to use such credits to accomplish

14  program goals.

15         5.  WAGES training bonus.--An employer who hires a

16  WAGES participant who has less than 6 months of eligibility

17  for temporary cash assistance remaining and who pays the

18  participant a wage that precludes the participant's

19  eligibility for temporary cash assistance may receive $240 for

20  each full month of employment for a period that may not exceed

21  3 months. An employer who receives a WAGES training bonus for

22  an employee may not receive a work supplementation subsidy for

23  the same employee. Employment is defined as 35 hours per week

24  at a wage of no less than $6 per hour.

25         (7)  EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--The

26  situations listed in this subsection shall constitute

27  exceptions to the penalties for noncompliance with

28  participation requirements, except that these situations do

29  not constitute exceptions to the applicable time limit for

30  receipt of temporary cash assistance:

31


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    CS for SB 1114                                 First Engrossed



  1         (a)  Noncompliance related to child care.--Temporary

  2  cash assistance may not be terminated for refusal to

  3  participate in work activities if the individual is a single

  4  custodial parent caring for a child who has not attained 6

  5  years of age, and the adult proves to the department or to the

  6  Department of Labor and Employment Security an inability to

  7  obtain needed child care for one or more of the following

  8  reasons:

  9         1.  Unavailability of appropriate child care within a

10  reasonable distance from the individual's home or worksite.

11         2.  Unavailability or unsuitability of informal child

12  care by a relative or under other arrangements.

13         3.  Unavailability of appropriate and affordable formal

14  child care arrangements.

15         (b)  Noncompliance related to domestic violence.--An

16  individual who is determined to be unable to comply with the

17  work requirements because such compliance would make it

18  probable that the individual would be unable to escape

19  domestic violence shall be exempt from work requirements

20  pursuant to s. 414.028(4)(g). However, the individual shall

21  comply with a plan that specifies alternative requirements

22  that prepare the individual for self-sufficiency while

23  providing for the safety of the individual and the

24  individual's dependents. An exception granted under this

25  paragraph does not constitute an exception to the time

26  limitations on benefits specified under s. 414.105.

27         (c)  Noncompliance related to treatment or remediation

28  of past effects of domestic violence.--An individual who is

29  determined to be unable to comply with the work requirements

30  under this section due to mental or physical impairment

31  related to past incidents of domestic violence may be exempt


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    CS for SB 1114                                 First Engrossed



  1  from work requirements for a specified period pursuant to s.

  2  414.028(4)(g), except that such individual shall comply with a

  3  plan that specifies alternative requirements that prepare the

  4  individual for self-sufficiency while providing for the safety

  5  of the individual and the individual's dependents. The plan

  6  must include counseling or a course of treatment necessary for

  7  the individual to resume participation. The need for treatment

  8  and the expected duration of such treatment must be verified

  9  by a physician licensed under chapter 458 or chapter 459; a

10  psychologist licensed under s. 490.005(1), s. 490.006, or the

11  provision identified as s. 490.013(2) in s. 1, chapter 81-235,

12  Laws of Florida; a therapist as defined in s. 491.003(2) or

13  (6); or a treatment professional who is registered under s.

14  415.605(1)(g), is authorized to maintain confidentiality under

15  s. 90.5036(1)(d), and has a minimum of 2 years experience at a

16  certified domestic violence center. An exception granted under

17  this paragraph does not constitute an exception from the time

18  limitations on benefits specified under s. 414.105.

19         (d)(b)  Noncompliance related to medical

20  incapacity.--If an individual cannot participate in assigned

21  work activities due to a medical incapacity, the individual

22  may be excepted from the activity for a specific period,

23  except that the individual shall be required to comply with

24  the course of treatment necessary for the individual to resume

25  participation. A participant may not be excused from work

26  activity requirements unless the participant's medical

27  incapacity is verified by a physician licensed under chapter

28  458 or chapter 459, in accordance with procedures established

29  by rule of the Department of Labor and Employment Security.

30         (e)(c)  Other good cause exceptions for

31  noncompliance.--Individuals who are temporarily unable to


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    CS for SB 1114                                 First Engrossed



  1  participate due to circumstances beyond their control may be

  2  excepted from the noncompliance penalties. The Department of

  3  Labor and Employment Security may define by rule situations

  4  that would constitute good cause. These situations must

  5  include caring for a disabled family member when the need for

  6  the care has been verified and alternate care is not

  7  available.

  8         (12)  PROTECTION FOR CURRENT EMPLOYEES.--In

  9  establishing and contracting for work-experience and community

10  service activities, other work-experience activities,

11  on-the-job training, subsidized employment, and work

12  supplementation under the WAGES Program, an employed worker

13  may not be displaced, either completely or partially. A WAGES

14  participant may not be assigned to an activity or employed in

15  a position if the employer has created the vacancy or

16  terminated an existing employee without good cause in order to

17  fill that position with a WAGES participant.

18         Section 4.  Section 414.20, Florida Statutes, is

19  amended to read:

20         414.20  Other support services.--Support services shall

21  be provided, if resources permit, to assist participants in

22  complying with work activity requirements outlined in s.

23  414.065. If resources do not permit the provision of needed

24  support services, the department and the Department of Labor

25  and Employment Security may prioritize or otherwise limit

26  provision of support services. This section does not

27  constitute an entitlement to support services. Lack of

28  provision of support services may be considered as a factor in

29  determining whether good cause exists for failing to comply

30  with work activity requirements but does not automatically

31  constitute good cause for failing to comply with work activity


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    CS for SB 1114                                 First Engrossed



  1  requirements, and does not affect any applicable time limit on

  2  the receipt of temporary cash assistance or the provision of

  3  services under this chapter. Support services shall include,

  4  but need not be limited to:

  5         (1)  TRANSPORTATION.--Transportation expenses may be

  6  provided to any participant when the assistance is needed to

  7  comply with work activity requirements or employment

  8  requirements, including transportation to and from a child

  9  care provider. Payment may be made in cash or tokens in

10  advance or through reimbursement paid against receipts or

11  invoices. Transportation services may include, but are not

12  limited to, cooperative arrangements with the following:

13  public transit providers; community transportation

14  coordinators designated under chapter 427; school districts,

15  churches and community centers; donated motor vehicle

16  programs, vanpools, and ridesharing programs; small enterprise

17  developments and entrepreneurial programs that encourage WAGES

18  participants to become transportation providers; public and

19  private transportation partnerships; and other innovative

20  strategies to expand transportation options available to

21  program participants.

22         (a)  Local WAGES coalitions are authorized to provide

23  payment for vehicle operational and repair expenses, including

24  repair expenditures necessary to make a vehicle functional;

25  vehicle registration fees; driver's license fees; and

26  liability insurance for the vehicle for a period of up to 6

27  months. Request for vehicle repairs must be accompanied by an

28  estimate of the cost prepared by a repair facility registered

29  under s. 559.904.

30         (b)  Transportation disadvantaged funds as defined in

31  chapter 427 do not include WAGES support services funds or


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    CS for SB 1114                                 First Engrossed



  1  funds appropriated to assist persons eligible under the Job

  2  Training Partnership Act. It is the intent of the Legislature

  3  that local WAGES coalitions and regional workforce development

  4  boards consult with local community transportation

  5  coordinators designated under chapter 427 regarding the

  6  availability and cost of transportation services through the

  7  coordinated transportation system prior to contracting for

  8  comparable transportation services outside the coordinated

  9  system. Support services funds may also be used to develop

10  transportation resources to expand transportation options

11  available to participants. These services may include

12  cooperative arrangements with local transit authorities or

13  school districts and small enterprise development.

14         (2)  ANCILLARY EXPENSES.--Ancillary expenses such as

15  books, tools, clothing, fees, and costs necessary to comply

16  with work activity requirements or employment requirements may

17  be provided.

18         (3)  MEDICAL SERVICES.--A family that meets the

19  eligibility requirements for Medicaid shall receive medical

20  services under the Medicaid program.

21         (4)  PERSONAL AND FAMILY COUNSELING AND

22  THERAPY.--Counseling may be provided to participants who have

23  a personal or family problem or problems caused by substance

24  abuse that is a barrier to compliance with work activity

25  requirements or employment requirements. In providing these

26  services, the department and the Department of Labor and

27  Employment Security shall use services that are available in

28  the community at no additional cost. If these services are not

29  available, the department and the Department of Labor and

30  Employment Security may use support services funds. Personal

31  or family counseling not available through Medicaid may not be


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    CS for SB 1114                                 First Engrossed



  1  considered a medical service for purposes of the required

  2  statewide implementation plan or use of federal funds.

  3         Section 5.  Section 414.105, Florida Statutes, is

  4  amended to read:

  5         414.105  Time limitations of temporary cash

  6  assistance.--Unless otherwise expressly provided in this

  7  chapter, an applicant or current participant shall receive

  8  temporary cash assistance for episodes of not more than 24

  9  cumulative months in any consecutive 60-month period that

10  begins with the first month of participation and for not more

11  than a lifetime cumulative total of 48 months as an adult.

12         (1)  The time limitation for episodes of temporary cash

13  assistance may not exceed 36 cumulative months in any

14  consecutive 72-month period that begins with the first month

15  of participation and may not exceed a lifetime cumulative

16  total of 48 months of temporary cash assistance as an adult,

17  for cases in which the participant:

18         (a)  Has received aid to families with dependent

19  children or temporary cash assistance for any 36 months of the

20  preceding 60 months; or

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

22         1.  Has not completed a high school education or its

23  equivalent; or

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

25  year.

26         (2)  A participant who is not exempt from work activity

27  requirements may earn 1 month of eligibility for extended

28  temporary cash assistance, up to a maximum of 12 additional

29  months, for each month in which the participant is working

30  full-time, part-time, or otherwise fully complying with all

31  the requirements of the WAGES Program.  The period for which


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    CS for SB 1114                                 First Engrossed



  1  extended temporary cash assistance is granted shall be based

  2  upon compliance with WAGES Program requirements beginning

  3  October 1, 1996. A participant may not receive temporary cash

  4  assistance under this subsection, in combination with other

  5  periods of temporary cash assistance, for longer than 48

  6  months.

  7         (3)(2)  Hardship exemptions to the time limitations of

  8  this chapter shall be limited to 10 percent of participants in

  9  the first year of implementation of this chapter, 15 percent

10  of participants in the second year of implementation of this

11  chapter, and 20 percent of participants in all subsequent

12  years. Criteria for hardship exemptions include:

13         (a)  Diligent participation in activities, combined

14  with inability to obtain employment.

15         (b)  Diligent participation in activities, combined

16  with extraordinary barriers to employment, including the

17  conditions which may result in an exemption to work

18  requirements.

19         (c)  Significant barriers to employment, combined with

20  a need for additional time.

21         (d)  Diligent participation in activities and a need by

22  teen parents for an exemption in order to have 24 months of

23  eligibility beyond receipt of the high school diploma or

24  equivalent.

25         (e)  A recommendation of extension for a minor child of

26  a participating family that has reached the end of the

27  eligibility period for temporary cash assistance. The

28  recommendation must be the result of a review which determines

29  that the termination of the child's temporary cash assistance

30  would be likely to result in the child being placed into

31  emergency shelter or foster care. Temporary cash assistance


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    CS for SB 1114                                 First Engrossed



  1  shall be provided through a protective payee. Staff of the

  2  Children and Families Family Services Program Office of the

  3  department shall conduct all assessments in each case in which

  4  it appears a child may require continuation of temporary cash

  5  assistance through a protective payee.

  6

  7  At the recommendation of the local WAGES coalition, temporary

  8  cash assistance under a hardship exemption for a participant

  9  who is eligible for work activities and who is not working

10  shall be reduced by 10 percent. Upon the employment of the

11  participant, full benefits shall be restored.

12         (4)  In addition to the exemptions listed in subsection

13  (3), a victim of domestic violence may be granted a hardship

14  exemption if the effects of such domestic violence delay or

15  otherwise interrupt or adversely affect the individual's

16  participation in the program.  Hardship exemptions granted

17  under this subsection shall not be subject to the percentage

18  limitations in subsection (3).

19         (5)(3)  The department shall establish a procedure for

20  reviewing and approving hardship exemptions, and the local

21  WAGES coalitions may assist in making these determinations.

22  The composition of any review panel must generally reflect the

23  racial, gender, and ethnic diversity of the community as a

24  whole. Members of a review panel shall serve without

25  compensation, but are entitled to receive reimbursement for

26  per diem and travel expenses as provided in s. 112.016.

27         (6)(4)  The cumulative total of all hardship exemptions

28  may not exceed 12 months, may include reduced benefits at the

29  option of the community review panel, and shall, in

30  combination with other periods of temporary cash assistance as

31  an adult, total no more than 48 months of temporary cash


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    CS for SB 1114                                 First Engrossed



  1  assistance. If an individual fails to comply with program

  2  requirements during a hardship exemption period, the hardship

  3  exemption shall be removed.

  4         (7)(5)  For individuals who have moved from another

  5  state and have legally resided in this state for less than 12

  6  months, the time limitation for temporary cash assistance

  7  shall be the shorter of the respective time limitations used

  8  in the two states, and months in which temporary cash

  9  assistance was received under a block grant program that

10  provided temporary assistance for needy families in any state

11  shall count towards the cumulative 48-month benefit limit for

12  temporary cash assistance.

13         (8)(6)  For individuals subject to a time limitation

14  under the Family Transition Act of 1993, that time limitation

15  shall continue to apply. Months in which temporary cash

16  assistance was received through the family transition program

17  shall count towards the time limitations under this chapter.

18         (9)(7)  Except when temporary cash assistance was

19  received through the family transition program, the

20  calculation of the time limitation for temporary cash

21  assistance shall begin with the first month of receipt of

22  temporary cash assistance after the effective date of this

23  act.

24         (10)(8)  Child-only cases are not subject to time

25  limitations, and temporary cash assistance received while an

26  individual is a minor child shall not count towards time

27  limitations.

28         (11)(9)  An individual who receives benefits under the

29  Supplemental Security Income program or the Social Security

30  Disability Insurance program is not subject to time

31  limitations.


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    CS for SB 1114                                 First Engrossed



  1         (12)  A person who is totally responsible for the

  2  personal care of a disabled family member is not subject to

  3  time limitations if the need for the care is verified and

  4  alternative care is not available for the family member. The

  5  department shall annually evaluate an individual's

  6  qualifications for this exemption.

  7         (13)(10)  A member of the WAGES Program staff shall

  8  interview and assess the employment prospects and barriers of

  9  each participant who is within 6 months of reaching the

10  24-month time limit.  The staff member shall assist the

11  participant in identifying actions necessary to become

12  employed prior to reaching the benefit time limit for

13  temporary cash assistance and, if appropriate, shall refer the

14  participant for services that could facilitate employment.

15         Section 6.  Present subsections (4), (5), (6), (7),

16  (8), (9), and (10) of section 414.0252, Florida Statutes, are

17  renumbered as subsections (5), (7), (8), (9), (10), (11), and

18  (12) of that section, respectively, and new subsections (4)

19  and (6) are added to that section, to read:

20         414.0252  Definitions.--As used in ss. 414.015-414.45,

21  the term:

22         (4)  "Domestic violence" means any assault, aggravated

23  assault, battery, aggravated battery, sexual assault, sexual

24  battery, stalking, aggravated stalking, kidnapping, false

25  imprisonment, or any criminal offense that results in the

26  physical injury or death of one family or household member by

27  another.

28         (6)  "Family or household member" means spouses, former

29  spouses, noncohabitating partners, persons related by blood or

30  marriage, persons who are presently residing together as if a

31  family or who have resided together in the past as if a


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    CS for SB 1114                                 First Engrossed



  1  family, and persons who have a child in common regardless of

  2  whether they have been married or have resided together at any

  3  time.

  4         Section 7.  Paragraph (g) is added to subsection (10)

  5  of section 414.095, Florida Statutes, and subsection (3) and

  6  paragraph (d) of subsection (15) of that section are amended

  7  to read:

  8         414.095  Determining eligibility for the WAGES

  9  Program.--

10         (3)  ELIGIBILITY FOR NONCITIZENS.--A "qualified

11  noncitizen" is an individual who is lawfully present in the

12  United States as a refugee or who is granted asylum under ss.

13  207 and 208 of the Immigration and Nationality Act, an alien

14  whose deportation is withheld under s. 243(h) of the

15  Immigration and Nationality Act, or an alien who has been

16  admitted as a permanent resident and meets specific criteria

17  under federal law.  In addition, a "qualified noncitizen"

18  includes an individual who has been battered or subject to

19  extreme cruelty in the United States by a spouse or a parent,

20  and has applied for or received protection under the federal

21  Violence Against Women Act of 1994, Pub. L. No. 103-322, if

22  the need for benefits is related to the abuse. A "nonqualified

23  noncitizen" is a nonimmigrant alien, including a tourist,

24  business visitor, foreign student, exchange visitor, temporary

25  worker, or diplomat. In addition, a "nonqualified noncitizen"

26  includes an individual paroled into the United States for less

27  than 1 year. A qualified noncitizen who is otherwise eligible

28  may receive temporary cash assistance to the extent permitted

29  by federal law. The income or resources of a sponsor and the

30  sponsor's spouse shall be included in determining eligibility

31  to the maximum extent permitted by federal law.


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    CS for SB 1114                                 First Engrossed



  1         (a)  A child born in the United States to an illegal or

  2  ineligible alien is eligible for temporary cash assistance

  3  under this chapter if the family meets all eligibility

  4  requirements.

  5         (b)  If the parent may legally work in this country,

  6  the parent must participate in the work activity requirements

  7  provided in s. 414.065, to the extent permitted under federal

  8  law.

  9         (c)  The department shall participate in the Systematic

10  Alien Verification for Entitlements Program (SAVE) established

11  by the United States Immigration and Naturalization Service in

12  order to verify the validity of documents provided by aliens

13  and to verify an alien's eligibility.

14         (d)  The income of an illegal alien or ineligible

15  alien, less a pro rata share for the illegal alien or

16  ineligible alien, counts in determining a family's eligibility

17  to participate in the program.

18         (e)  The entire assets of an ineligible alien or a

19  disqualified individual who is a mandatory member of a family

20  shall be included in determining the family's eligibility.

21         (10)  PARTICIPANT OPPORTUNITIES AND OBLIGATIONS.--An

22  applicant or participant in the WAGES Program has the

23  following opportunities and obligations:

24         (g)  To receive information regarding services

25  available from certified domestic violence centers or

26  organizations that provide counseling and supportive services

27  to individuals who are past or present victims of domestic

28  violence or who are at risk of domestic violence and, upon

29  request, to be referred to such organizations in a manner

30  which protects the individual's confidentiality.

31         (15)  PROHIBITIONS AND RESTRICTIONS.--


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    CS for SB 1114                                 First Engrossed



  1         (d)  Notwithstanding any law to the contrary, if a

  2  parent or caretaker relative without good cause does not

  3  cooperate with the state agency responsible for administering

  4  the child support enforcement program in establishing,

  5  modifying, or enforcing a support order with respect to a

  6  child of a teen parent or other family member, or a child of a

  7  family member who is in the care of an adult relative,

  8  temporary cash assistance to the entire family shall be denied

  9  until the state agency indicates that cooperation by the

10  parent or caretaker relative has been satisfactory.  To the

11  extent permissible under federal law, a parent or caretaker

12  relative shall not be penalized for failure to cooperate with

13  paternity establishment or with the establishment,

14  modification, or enforcement of a support order when such

15  cooperation could subject an individual to a risk of domestic

16  violence.  Such risk shall constitute good cause to the extent

17  permitted by Title IV-D of the Social Security Act, as

18  amended, or other federal law.

19         Section 8.  Subsection (2) of section 414.115, Florida

20  Statutes, is amended to read:

21         414.115  Limited temporary cash assistance for children

22  born to families receiving temporary cash assistance.--

23         (2)  Subsection (1) does not apply:

24         (a)  To a program participant who is a victim of rape

25  or incest if the victim files a police report on the rape or

26  incest within 30 days after the incident;

27         (b)  To a program participant who is confirmed by the

28  Title IV-D child support agency as having been granted an

29  exemption from participating in requirements for the

30  enforcement of child support due to circumstances consistent

31  with the conception of the child as a result of rape, incest,


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    CS for SB 1114                                 First Engrossed



  1  or sexual exploitation. A child for whom an exemption is

  2  claimed under this paragraph and for whom an application has

  3  been made for a good-cause exemption from the requirements of

  4  s. 414.095 shall receive temporary benefits until a

  5  determination is made on the application for a good-cause

  6  exemption from the requirements of s. 414.095;

  7         (c)(b)  To children who are the firstborn, including

  8  all children in the case of multiple birth, of minors included

  9  in a temporary cash assistance group who as minors become

10  first-time parents;

11         (d)(c)  To a child when parental custody has been

12  legally transferred; or

13         (e)(d)  To a child who is no longer able to live with

14  his or her parents as a result of:

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

16         2.  The incapacity of the child's parent or parents as

17  documented by a physician, such that the parent or parents are

18  unable to care for the child;

19         3.  Legal transfer of the custody of the child to

20  another individual;

21         4.  Incarceration of the child's parent or parents,

22  except that the child shall not receive temporary cash

23  assistance if a parent is subsequently released and reunited

24  with the child; or

25         5.  A situation in which the child's parent's or

26  parents' institutionalization is expected to be for an

27  extended period, as defined by the department.

28         Section 9.  Paragraph (g) is added to subsection (1) of

29  section 234.01, Florida Statutes, to read:

30         234.01  Purpose; transportation; when provided.--

31


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    CS for SB 1114                                 First Engrossed



  1         (1)  School boards, after considering recommendations

  2  of the superintendent:

  3         (g)  May provide transportation for WAGES participants

  4  as defined in s. 414.0252.

  5         Section 10.  Present paragraph (b) of subsection (1) of

  6  section 234.211, Florida Statutes, is redesignated as

  7  paragraph (c), and a new paragraph (b) is added to that

  8  subsection to read:

  9         234.211  Use of school buses for public purposes.--

10         (1)

11         (b)  Each school district may enter into agreements

12  with local WAGES coalitions for the provision of

13  transportation services to WAGES participants as defined in s.

14  414.0252. Agreements must provide for reimbursement in full or

15  in part for the proportionate share of fixed and operating

16  costs incurred by the school district attributable to the use

17  of buses in accordance with the agreement.

18         Section 11.  Subsection (13) is added to section

19  341.041, Florida Statutes, to read:

20         341.041  Transit responsibilities of the

21  department.--The department shall, within the resources

22  provided pursuant to chapter 216:

23         (13)  Assist local governmental entities and other

24  transit operators in the planning, development, and

25  coordination of transit services for WAGES participants as

26  defined in s. 414.0252.

27         Section 12.  Subsections (1) and (2) of section

28  341.052, Florida Statutes, are amended to read:

29         341.052  Public transit block grant program;

30  administration; eligible projects; limitation.--

31


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    CS for SB 1114                                 First Engrossed



  1         (1)  There is created a public transit block grant

  2  program which shall be administered by the department.  Block

  3  grant funds shall only be provided to "Section 9" providers

  4  and "Section 18" providers designated by the United States

  5  Department of Transportation and community transportation

  6  coordinators as defined in chapter 427.  Eligible providers

  7  must establish public transportation development plans

  8  consistent, to the maximum extent feasible, with approved

  9  local government comprehensive plans of the units of local

10  government in which the provider is located. In developing

11  public transportation development plans, eligible providers

12  must solicit comments from local WAGES coalitions established

13  under chapter 414. The development plans must address how the

14  public transit provider will work with the appropriate local

15  WAGES coalition to provide services to WAGES participants.

16  Eligible providers must review program and financial plans

17  established under s. 414.028 and provide information to the

18  local WAGES coalition serving the county in which the provider

19  is located regarding the availability of transportation

20  services to assist WAGES participants.

21         (2)  Costs for which public transit block grant program

22  funds may be expended include:

23         (a)  Costs of public bus transit and local public fixed

24  guideway capital projects.

25         (b)  Costs of public bus transit service development

26  and transit corridor projects. Whenever block grant funds are

27  used for a service development project or a transit corridor

28  project, the use of such funds is governed by s. 341.051.

29  Local transit service development projects and transit

30  corridor projects currently operating under contract with the

31  department shall continue to receive state funds according to


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    CS for SB 1114                                 First Engrossed



  1  the contract until such time as the contract expires. Transit

  2  corridor projects, wholly within one county, meeting or

  3  exceeding performance criteria as described in the contract

  4  shall be continued by the transit provider at the same or a

  5  higher level of service until such time as the department, the

  6  M.P.O., and the service provider, agree to discontinue the

  7  service.  The provider may not increase fares for services in

  8  transit corridor projects wholly within one county without the

  9  consent of the department.

10         (c)  Costs of public bus transit operations.

11

12  All projects must shall be consistent, to the maximum extent

13  feasible, with the approved local government comprehensive

14  plans of the units of local government comprehensive plans of

15  local government in which the project is located.

16         Section 13.  Paragraph (a) of subsection (2) of section

17  414.026, Florida Statutes, is amended to read:

18         414.026  WAGES Program State Board of Directors.--

19         (2)(a)  The board of directors shall be composed of the

20  following members:

21         1.  The Commissioner of Education, or the

22  commissioner's designee.

23         2.  The Secretary of Children and Family Services.

24         3.  The Secretary of Health.

25         4.  The Secretary of Labor and Employment Security.

26         5.  The Secretary of Community Affairs.

27         6.  The Secretary of Transportation.

28         7.6.  The director of the Office of Tourism, Trade, and

29  Economic Development.

30         8.7.  The president of the Enterprise Florida workforce

31  development board, established under s. 288.9620.


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    CS for SB 1114                                 First Engrossed



  1         9.8.  The chief executive officer of the Florida

  2  Tourism Industry Marketing Corporation, established under s.

  3  288.1226.

  4         10.9.  Nine members appointed by the Governor, as

  5  follows:

  6         a.  Six members shall be appointed from a list of ten

  7  nominees, of which five must be submitted by the President of

  8  the Senate and five must be submitted by the Speaker of the

  9  House of Representatives. The list of five nominees submitted

10  by the President of the Senate and the Speaker of the House of

11  Representatives must each contain at least three individuals

12  employed in the private sector, two of whom must have

13  management experience. One of the five nominees submitted by

14  the President of the Senate and one of the five nominees

15  submitted by the Speaker of the House of Representatives must

16  be an elected local government official who shall serve as an

17  ex officio nonvoting member.

18         b.  Three members shall be at-large members appointed

19  by the Governor.

20         c.  Of the nine members appointed by the Governor, at

21  least six must be employed in the private sector and of these,

22  at least five must have management experience.

23

24  The members appointed by the Governor shall be appointed to

25  4-year, staggered terms. Within 60 days after a vacancy occurs

26  on the board, the Governor shall fill the vacancy of a member

27  appointed from the nominees submitted by the President of the

28  Senate and the Speaker of the House of Representatives for the

29  remainder of the unexpired term from one nominee submitted by

30  the President of the Senate and one nominee submitted by the

31  Speaker of the House of Representatives. Within 60 days after


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    CS for SB 1114                                 First Engrossed



  1  a vacancy of a member appointed at-large by the Governor

  2  occurs on the board, the Governor shall fill the vacancy for

  3  the remainder of the unexpired term. The composition of the

  4  board must generally reflect the racial, gender, and ethnic

  5  diversity of the state as a whole.

  6         Section 14.  Section 414.225, Florida Statutes, is

  7  created to read:

  8         414.225  Transitional transportation.--In order to

  9  assist former WAGES participants in maintaining and sustaining

10  employment, transportation may be provided, if funds are

11  available, for up to 1 year after the participant is no longer

12  eligible to participate in the program due to earnings. This

13  does not constitute an entitlement to transitional

14  transportation. If funds are not sufficient to provide

15  services under this section, the department may limit or

16  otherwise prioritize transportation services.

17         (1)  Transitional transportation must be job related.

18         (2)  Transitional transportation may include expenses

19  identified in s. 414.20.

20         Section 15.  Subsection (27) is added to section

21  427.013, Florida Statutes, to read:

22         427.013  The Commission for the Transportation

23  Disadvantaged; purpose and responsibilities.--The purpose of

24  the commission is to accomplish the coordination of

25  transportation services provided to the transportation

26  disadvantaged. The goal of this coordination shall be to

27  assure the cost-effective provision of transportation by

28  qualified community transportation coordinators or

29  transportation operators for the transportation disadvantaged

30  without any bias or presumption in favor of multioperator

31  systems or not-for-profit transportation operators over single


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    CS for SB 1114                                 First Engrossed



  1  operator systems or for-profit transportation operators. In

  2  carrying out this purpose, the commission shall:

  3         (27)  Ensure that local community transportation

  4  coordinators work cooperatively with local WAGES coalitions

  5  established in chapter 414 to provide assistance in the

  6  development of innovative transportation services for WAGES

  7  participants.

  8         Section 16.  Subsection (9) is added to section

  9  427.0155, Florida Statutes, to read:

10         427.0155  Community transportation coordinators; powers

11  and duties.--Community transportation coordinators shall have

12  the following powers and duties:

13         (9)  Work cooperatively with local WAGES coalitions

14  established in chapter 414 to provide assistance in the

15  development of innovative transportation services for WAGES

16  participants.

17         Section 17.  Subsection (7) is added to section

18  427.0157, Florida Statutes, to read:

19         427.0157  Coordinating boards; powers and duties.--The

20  purpose of each coordinating board is to develop local service

21  needs and to provide information, advice, and direction to the

22  community transportation coordinators on the coordination of

23  services to be provided to the transportation disadvantaged.

24  The commission shall, by rule, establish the membership of

25  coordinating boards.  The members of each board shall be

26  appointed by the metropolitan planning organization or

27  designated official planning agency.  The appointing authority

28  shall provide each board with sufficient staff support and

29  resources to enable the board to fulfill its responsibilities

30  under this section.  Each board shall meet at least quarterly

31  and shall:


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    CS for SB 1114                                 First Engrossed



  1         (7)  Work cooperatively with local WAGES coalitions

  2  established in chapter 414 to provide assistance in the

  3  development of innovative transportation services for WAGES

  4  participants.

  5         Section 18.  Section 414.80, Florida Statutes, is

  6  created to read:

  7         414.80  Short title.--Sections 414.80-414.860 may be

  8  cited as the "WAGES Targeted Employment Act."

  9         Section 19.  Section 414.810, Florida Statutes, is

10  created to read:

11         414.810  Legislative findings and intent.--

12         (1)  The Legislature finds that the success of the Work

13  and Gain Economic Self-sufficiency (WAGES) Program depends

14  upon the existence of sufficient employment opportunities

15  compatible with the education and skill levels of participants

16  in the WAGES Program.

17         (2)  The Legislature finds that in several identifiable

18  regions of the state there is an alarmingly inadequate supply

19  of entry-level jobs in relation to the number of WAGES

20  participants who are exhausting statutory limitations on the

21  receipt of temporary cash assistance under the WAGES Program.

22         (3)  The Legislature finds that the disparity between

23  employment opportunities and the number of WAGES participants

24  in these areas of critical state economic concern constitutes

25  an economic development emergency with significant fiscal and

26  social implications for these areas and for the state as a

27  whole.

28         (4)  The Legislature finds that there is an immediate

29  need to facilitate the location and expansion of businesses

30  and the creation of jobs in these areas of critical state

31  economic concern, but that such activities may be hampered by


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    CS for SB 1114                                 First Engrossed



  1  existing budgetary, statutory, regulatory, or programmatic

  2  requirements.

  3         (5)  It is the intent of the Legislature to provide for

  4  a WAGES Targeted Employment Program in order to ensure that

  5  the resources of state and local government are marshaled in a

  6  coordinated, effective, and timely manner to promote economic

  7  development and job creation integral to the success of the

  8  WAGES Program.

  9         Section 20.  Section 414.811, Florida Statutes, is

10  created to read:

11         414.811  Policy and purpose.--Because the Legislature

12  has determined that the state must take extraordinary measures

13  to meet the employment needs of its residents who are

14  transitioning from dependence on welfare to self-reliance

15  through employment and to ensure that adequate employment

16  opportunities exist for such residents, it is hereby found and

17  declared necessary:

18         (1)  To create a WAGES Targeted Employment Team to be

19  composed of a state director and appointed agency WAGES

20  Targeted Employment Coordinators.

21         (a)  The state director shall be appointed by the

22  Governor, and for administrative purposes, shall be housed in

23  the Executive Office of the Governor.

24         (b)  Staffing for the WAGES Targeted Employment Team

25  shall be provided by the Department of Community Affairs. The

26  department shall coordinate the use of state facilities and

27  resources in ensuring the successful completion of the team's

28  objectives.

29         (2)  To empower the WAGES Targeted Employment Team to

30  facilitate the creation of employment opportunities in areas

31  of critical state economic concern.


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    CS for SB 1114                                 First Engrossed



  1         (3)  To provide for coordination with local government

  2  of state designated projects.

  3         Section 21.  Section 414.812, Florida Statutes, is

  4  created to read:

  5         414.812  Limitations.--

  6         (1)  The existence of the WAGES Targeted Employment

  7  Program is not designed to disrupt the orderly economic

  8  development of the state. Rather, it is created to coordinate

  9  state resources and rapidly eliminate barriers that prevent

10  the creation of employment opportunities in designated regions

11  and communities of the state.

12         (2)  Nothing in ss. 414.80-414.860 shall be construed

13  to:

14         (a)  Interfere with the responsibilities of the

15  Division of Community Affairs relative to the State Emergency

16  Management Act under chapter 252;

17         (b)  Interfere with military and defense obligations of

18  the Florida National Guard; or

19         (c)  Authorize the destruction of wetlands or other

20  ecologically or environmentally sensitive lands.

21         Section 22.  Section 414.813, Florida Statutes, is

22  created to read:

23         414.813  Liberal construction.--Sections 414.80-414.860

24  shall be construed liberally in order to effectuate their

25  purposes.

26         Section 23.  Section 414.820, Florida Statutes, is

27  created to read:

28         414.820  Designation of Areas of Critical State

29  Economic Concern.--

30

31


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    CS for SB 1114                                 First Engrossed



  1         (1)  The Legislature declares the following workforce

  2  development regions to be areas of critical state economic

  3  concern:

  4         (a)  Region 5--Gadsden, Leon, and Wakulla counties;

  5         (b)  Region 6--Hamilton, Jefferson, Lafayette, Madison,

  6  Suwannee, and Taylor counties;

  7         (c)  Region 7--Baker, Columbia, Dixie, Gilchrist, and

  8  Union counties;

  9         (d)  Region 19--DeSoto, Hardee, and Highlands counties;

10  and

11         (e)  Region 23--Dade and Monroe counties.

12         (2)  By Executive Order, the Governor shall declare no

13  more than 4 additional areas of the state as areas of critical

14  state economic concern based upon the following criteria:

15         (a)  Areas with a high proportion of families who had

16  already received cash assistance in three out of the previous

17  five years at the time their time limit was established;

18         (b)  Areas with a high proportion of families subject

19  to the WAGES time limit headed by a parent who was under age

20  24 at the time the time limit was established and who lacked

21  high school or GED completion;

22         (c)  Areas with a high proportion of families subject

23  to the time limit who have used all of the available months of

24  cash assistance since October 1996;

25         (d)  Areas with a low ratio of new jobs per WAGES

26  participant;

27         (e)  Areas with a low ratio of job openings requiring

28  less than a high school degree per WAGES participant;

29         (f)  Areas with a high proportion of families subject

30  to the time limit who are either within six months of the time

31


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    CS for SB 1114                                 First Engrossed



  1  limit or are receiving cash assistance under a period of

  2  hardship extension to the time limit;

  3         (g)  Areas with unusually high unemployment; and

  4         (h)  Areas identified as labor surplus areas using the

  5  criteria established by the U.S. Department of Labor

  6  Employment and Training Administration.

  7         (3)  Subcounty areas determined to have the greatest

  8  need for job creation as determined by the Workforce

  9  Development Board of Enterprise Florida, Inc., based upon the

10  criteria in subsection (2) shall qualify for designation by

11  the Governor under the authority provided by this section.

12         Section 24.  Section 414.830, Florida Statutes, is

13  created to read:

14         414.830  WAGES Targeted Employment Program.--

15         (1)(a)  By July 1, 1998, the heads of the Departments

16  of Agriculture and Consumer Services, Labor and Employment

17  Security, Community Affairs, Children and Family Services,

18  Revenue, Business and Professional Regulation, Management

19  Services, Military Affairs, Transportation, and Environmental

20  Protection shall select from within each such department a

21  person to be designated as the WAGES Targeted Employment

22  Coordinator for the department and a person to serve as an

23  alternate.

24         (b)  By July 1, 1998, the Comptroller; the Auditor

25  General; the executive director of each water management

26  district; and the heads of the Office of Tourism, Trade, and

27  Economic Development, Enterprise Florida, Inc., State WAGES

28  Board of Directors, Institute of Food and Agricultural

29  Science, Florida Chamber of Commerce, the Florida Home

30  Builders Association, the State Board of Community Colleges,

31  Division of Workforce Development of the Department of


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    CS for SB 1114                                 First Engrossed



  1  Education, State University System, Florida Ports Council, and

  2  the Office of Planning and Budgeting shall select from within

  3  such organizations a person to be designated as the WAGES

  4  Targeted Employment Coordinator for the organization and a

  5  person to serve as an alternate.

  6         (c)  By designation, the WAGES Targeted Employment

  7  Coordinators are empowered to commit and coordinate those

  8  resources applicable to the organization that the coordinator

  9  represents. The WAGES Targeted Employment Coordinators

10  together with the state director comprise the WAGES Targeted

11  Employment Team, and are responsible for providing various

12  resources dictated by need as determined by project teams.

13         (d)  The head of each organization identified in

14  paragraphs (a) and (b) shall notify the Governor and the state

15  director in writing of the person initially designated as the

16  WAGES Targeted Employment Coordinator for such organization

17  and his or her alternate and of any changes in persons so

18  designated thereafter. The Governor may add individuals to the

19  WAGES Targeted Employment Team as deemed necessary.

20         (2)  The WAGES Targeted Employment Team shall encourage

21  state and local agencies to cooperatively solve all barriers

22  for attracting and committing potential employers to locate in

23  areas of critical state economic concern and to facilitate

24  expansion of existing businesses in those areas. The Secretary

25  of the Department of Transportation is directed to ensure that

26  transportation components of identified projects be provided

27  from resources available to the department. Once a local

28  project leader or regional employment team has identified a

29  barrier that cannot be overcome through traditional means, the

30  WAGES Targeted Employment Team, with the approval of the

31  Governor, may:


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    CS for SB 1114                                 First Engrossed



  1         (a)  By contract with the potential employer, waive any

  2  criteria, requirement or similar provision of any economic

  3  development incentive. Such incentives shall include, but not

  4  be limited to, programs under ss. 288.106, 288.047, 288.063,

  5  288.1045, 288.107, 212.097, 212.098, and 220.1895;

  6         (b)  By contract with the potential employer, provide

  7  training and educational opportunities for new employees,

  8  develop training programs, and pay tuition or training

  9  expenses for employees;

10         (c)  Contract with any Florida based provider of

11  employment training services or educational services for the

12  provision of services related to the team's responsibilities;

13         (d)  Contract with potential employers to provide any

14  service or product over which the team has control;

15         (e)  Recommend emergency issues to the Governor for his

16  consideration as matters requiring an executive order;

17         (f)  Waive transportation provider preferences and

18  exclusions provided to the Transportation Disadvantage

19  Commission and associated providers; and

20         (g)  Authorize the use of funds appropriated for the

21  WAGES Targeted Employment Program for the staffing expenses of

22  the Department of Community Affairs.

23         (3)  The WAGES Targeted Employment Team shall meet at a

24  minimum on a monthly basis.

25         (4)  In order to accomplish the goals of the WAGES

26  Targeted Employment Team, the Governor may, by executive

27  order, effective for a period of no longer than one year, and

28  subject to legislative review and approval at the next regular

29  legislative session:

30         (a)  Exercise any power enumerated under s. 252.36; and

31


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    CS for SB 1114                                 First Engrossed



  1         (b)  Require, at the recommendation of the WAGES

  2  Targeted Employment Team, minimum hiring requirements of

  3  participants of the WAGES Program for contracts entered into

  4  by the Florida Department of Transportation or any school

  5  district entering into contract for capital construction.

  6         (5)  The Legislature by concurrent resolution may at

  7  any time terminate an executive order issued for purposes

  8  described in this section.

  9         (6)  The WAGES Targeted Employment Team is directed to

10  use local resources and financing whenever possible and to

11  petition the Governor to use the powers granted in this act to

12  finance local projects.

13         Section 25.  Section 414.840, Florida Statutes, is

14  created to read:

15         414.840  Regional WAGES Targeted Employment Teams.--

16         (1)  Enterprise Florida, Inc., in cooperation with the

17  Department of Community Affairs, is responsible for initial

18  organization of the Regional WAGES Targeted Employment Teams.

19  Regional employment teams shall be composed of representatives

20  of cities and counties that have governing responsibilities

21  for a given area. In addition to representatives of local

22  government, a representative from the local WAGES coalition,

23  the regional workforce development board, local economic

24  development councils, and a representative of each school

25  board in the region shall also be included on the regional

26  employment team. The team leader shall be selected by the team

27  members.

28         (2)(a)  Regional employment teams shall assess

29  businesses located in the region to identify potential

30  expansion projects that may require the assistance of the

31


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    CS for SB 1114                                 First Engrossed



  1  state response team. The teams shall also identify

  2  underutilized local resources.

  3         (b)  Regional employment teams shall be responsible for

  4  coordinating the efforts of local government and local

  5  agencies to attract potential new employers and shall work in

  6  conjunction with local economic development councils.

  7  Enterprise Florida, Inc., shall assist the regional employment

  8  teams by providing research and advice in fulfilling their

  9  charge.

10         (c)  A regional employment team may propose any local

11  opportunity for the expansion of an existing business or for

12  the relocation to the region of an existing employer to the

13  WAGES Targeted Employment Team to exercise the powers vested

14  in the state team.

15         (d)  It is the desire of the Legislature that local

16  resources and local solutions shall be used first as the

17  economic development resulting from the efforts of the teams

18  will be felt greatest by local communities.

19         Section 26.  Section 414.845, Florida Statutes, is

20  created to read:

21         414.845  Local Project Teams.--

22         (1)  Recognizing that significant job creation efforts

23  often focus on development of specific sites and may include

24  multiple employers, not more than 10 local project districts

25  may be designated by the WAGES Targeted Employment Team. Not

26  more than 3 of the local project districts may be created in

27  Dade County. Not more than 7 may be located in legislatively

28  designated areas of critical state economic concern, including

29  those designated in Dade County. Such sites must be contiguous

30  and capable of supporting businesses creating a total of 500

31  jobs or more.


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    CS for SB 1114                                 First Engrossed



  1         (2)  Upon designation of a local project district, a

  2  local project team shall be assembled and approved by the

  3  WAGES Targeted Employment Team, after consultation with the

  4  regional employment team. Local project leaders should look

  5  first to the regional employment teams for assistance, but may

  6  directly appeal to the WAGES Targeted Employment Team for

  7  assistance.

  8         (3)  Local project teams shall have the following

  9  powers and responsibilities:

10         (a)  Local project teams are to aggressively solicit

11  potential businesses for site specific projects;

12         (b)  Local project teams shall assist potential

13  employers in identifying and applying for all relevant

14  incentives and permits;

15         (c)  Local project teams, with permission of the WAGES

16  Targeted Employment Team, may negotiate specific terms of

17  agreement with potential employers; and

18         (d)  Local project teams shall identify and assist in

19  the elimination of local barriers to the location or expansion

20  of a business at the site.

21         (4)  In selecting potential projects, the WAGES

22  Targeted Employment Team shall consider all projects

23  submitted, and shall pay particular attention to projects

24  which include elements relating to transportation distribution

25  centers, warehousing facilities, agricultural processing and

26  packaging, and the aquaculture industry. While traditional

27  economic development does not usually focus on retail

28  establishments, the team shall consider projects which provide

29  retail employment opportunities and may select retail projects

30  if: the projects provide significant employment opportunities

31  for WAGES participants; the project developers either have or


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    CS for SB 1114                                 First Engrossed



  1  can obtain the necessary permits to begin construction of the

  2  project on or before December 1, 1998; and the sponsors of the

  3  project are willing to enter into a contract with the state to

  4  deliver the commitments required under this subsection. The

  5  team shall give priority attention to any retail development

  6  project if such a project: is located in an area of critical

  7  state economic concern; is designed to provide for more than

  8  5,000 permanent jobs; provides for the right of first refusal

  9  for at least 3,000 construction jobs to WAGES participants;

10  provides a program for the transportation of WAGES

11  participants employed in the construction of the project to

12  and from the construction site; provides on-the-job training

13  for WAGES participants at the project site; provides for

14  multiple job fairs for WAGES participants; provides that a

15  substantial portion of operational and clerical positions

16  hired directly by the project be WAGES participants; and

17  provides for rent and lease incentive programs for businesses

18  renting or leasing space in project facilities based upon the

19  employment of WAGES participants. The team may consider any

20  other contract provision designed to increase employment

21  opportunities for WAGES participants. The Department of

22  Community Affairs, on behalf of the team, shall develop a

23  contract in consultation with the Department of Labor and

24  Employment Security, the Department of Children and Family

25  Services, and the Department of Transportation, which will

26  utilize state resources such as the Department of

27  Agriculture's Florida AgVentures Program, the Department of

28  Community Affairs' Community Development Block Grant Loan

29  Guarantee Program, the Department of Labor and Employment

30  Security's Welfare-to-Work Program, additional federal funds

31  provided to the Department of Transportation in fiscal year


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    CS for SB 1114                                 First Engrossed



  1  1998-99, through the reauthorization of the Federal Highway

  2  Act, the Department of Environmental Protection's Sewage

  3  Treatment Facilities Revolving Loan Program, and WAGES Program

  4  support funds to facilitate projects meeting the requirements

  5  under this subsection.

  6         Section 27.  Section 414.850, Florida Statutes, is

  7  created to read:

  8         414.850  Expiration and review of WAGES Targeted

  9  Employment Program.--Sections 414.80-414.860, expire June 30,

10  2002, and shall be reviewed by the Legislature and Enterprise

11  Florida, Inc., prior to that date. In its review, the

12  Legislature shall determine if the continued use of the WAGES

13  Targeted Employment Program fulfills a state need. Enterprise

14  Florida, Inc., shall assess the usefulness and applicability

15  of the WAGES Targeted Employment Program for economic

16  development projects.

17         Section 28.  Section 414.860, Florida Statutes, is

18  created to read:

19         414.860  Legislative oversight.--The President of the

20  Senate shall appoint 2 members of the Senate and the Speaker

21  of the House of Representatives shall appoint 2 members of the

22  House of Representatives to serve as a legislative oversight

23  committee to monitor and advise the WAGES Targeted Employment

24  Team.

25         Section 29.  The WAGES Targeted Employment Team shall,

26  from funds appropriated for the use of the team, contract with

27  the Institute of Food and Agricultural Sciences for job

28  creation and training activities related to the institute's

29  Job Start, Care Giver Education, Aquaculture of High Value

30  Species, and New Technologies in Plasticulture for Vegetable

31  Producers programs.


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    CS for SB 1114                                 First Engrossed



  1         Section 30.  Section 159.8083, Florida Statutes is

  2  amended to read:

  3         159.8083  Florida First Business allocation pool.--The

  4  Florida First Business allocation pool is hereby established.

  5  The Florida First Business allocation pool shall be available

  6  solely to provide written confirmation for private activity

  7  bonds to finance Florida First Business projects certified by

  8  the Office of Tourism, Trade, and Economic Development as

  9  eligible to receive a written confirmation. Allocations from

10  such pool shall be awarded statewide pursuant to procedures

11  specified in s. 159.805, except that the provisions of s.

12  159.805(2), (3), and (6) do not apply. The Office of Tourism,

13  Trade, and Economic Development must give certification

14  priority to projects recommended by the WAGES Targeted

15  Employment Team established in s. 414.811. Florida First

16  Business projects that are eligible for a carryforward shall

17  not lose their allocation on November 16 if they have applied

18  and have been granted a carryforward.  In issuing written

19  confirmations of allocations for Florida First Business

20  projects, the division shall use the Florida First Business

21  allocation pool. If allocation is not available from the

22  Florida First Business allocation pool, the division shall

23  issue written confirmations of allocations for Florida First

24  Business projects pursuant to s. 159.806 or s. 159.807, in

25  such order.  For the purpose of determining priority within a

26  regional allocation pool or the state allocation pool, notices

27  of intent to issue bonds for Florida First Business projects

28  to be issued from a regional allocation pool or the state

29  allocation pool shall be considered to have been received by

30  the division at the time it is determined by the division that

31  the Florida First Business allocation pool is unavailable to


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    CS for SB 1114                                 First Engrossed



  1  issue confirmation for such Florida First Business project.

  2  If the total amount requested in notices of intent to issue

  3  private activity bonds for Florida First Business projects

  4  exceeds the total amount of the Florida First Business

  5  allocation pool, the director shall forward all timely notices

  6  of intent to issue, which are received by the division for

  7  such projects, to the Office of Tourism, Trade, and Economic

  8  Development which shall render a decision as to which notices

  9  of intent to issue are to receive written confirmations. The

10  Office of Tourism, Trade, and Economic Development, in

11  consultation with the division, shall develop rules to ensure

12  that the allocation provided in such pool is available solely

13  to provide written confirmations for private activity bonds to

14  finance Florida First Business projects and that such projects

15  are feasible and financially solvent.

16         Section 31.  Paragraph (h) of subsection (5) of section

17  212.08, Florida Statutes, is amended to read:

18         212.08  Sales, rental, use, consumption, distribution,

19  and storage tax; specified exemptions.--The sale at retail,

20  the rental, the use, the consumption, the distribution, and

21  the storage to be used or consumed in this state of the

22  following are hereby specifically exempt from the tax imposed

23  by this chapter.

24         (5)  EXEMPTIONS; ACCOUNT OF USE.--

25         (h)  Business property used in an enterprise zone.--

26         1.  Beginning July 1, 1995, business property purchased

27  for use by businesses located in an enterprise zone which is

28  subsequently used in an enterprise zone shall be exempt from

29  the tax imposed by this chapter. This exemption inures to the

30  business only through a refund of previously paid taxes. A

31  refund shall be authorized upon an affirmative showing by the


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    CS for SB 1114                                 First Engrossed



  1  taxpayer to the satisfaction of the department that the

  2  requirements of this paragraph have been met.

  3         2.  To receive a refund, the business must file under

  4  oath with the governing body or enterprise zone development

  5  agency having jurisdiction over the enterprise zone where the

  6  business is located, as applicable, an application which

  7  includes:

  8         a.  The name and address of the business claiming the

  9  refund.

10         b.  The identifying number assigned pursuant to s.

11  290.0065 to the enterprise zone in which the business is

12  located.

13         c.  A specific description of the property for which a

14  refund is sought, including its serial number or other

15  permanent identification number.

16         d.  The location of the property.

17         e.  The sales invoice or other proof of purchase of the

18  property, showing the amount of sales tax paid, the date of

19  purchase, and the name and address of the sales tax dealer

20  from whom the property was purchased.

21         f.  Whether the business is a small business as defined

22  by s. 288.703(1).

23         g.  If applicable, the name and address of each

24  permanent employee of the business, including, for each

25  employee who is a resident of an enterprise zone, the

26  identifying number assigned pursuant to s. 290.0065 to the

27  enterprise zone in which the employee resides.

28         3.  Within 10 working days after receipt of an

29  application, the governing body or enterprise zone development

30  agency shall review the application to determine if it

31  contains all the information required pursuant to subparagraph


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    CS for SB 1114                                 First Engrossed



  1  2. and meets the criteria set out in this paragraph. The

  2  governing body or agency shall certify all applications that

  3  contain the information required pursuant to subparagraph 2.

  4  and meet the criteria set out in this paragraph as eligible to

  5  receive a refund. If applicable, the governing body or agency

  6  shall also certify if 20 percent of the employees of the

  7  business are residents of an enterprise zone, excluding

  8  temporary and part-time employees. The certification shall be

  9  in writing, and a copy of the certification shall be

10  transmitted to the executive director of the Department of

11  Revenue. The business shall be responsible for forwarding a

12  certified application to the department within the time

13  specified in subparagraph 4.

14         4.  An application for a refund pursuant to this

15  paragraph must be submitted to the department within 6 months

16  after the business property is purchased.

17         5.  The provisions of s. 212.095 do not apply to any

18  refund application made pursuant to this paragraph. The amount

19  refunded on purchases of business property under this

20  paragraph shall be the lesser of 97 percent of the sales tax

21  paid on such business property or $5,000, or, if no less than

22  20 percent of the employees of the business are residents of

23  an enterprise zone, excluding temporary and part-time

24  employees, the amount refunded on purchases of business

25  property under this paragraph shall be the lesser of 97

26  percent of the sales tax paid on such business property or

27  $10,000. A refund approved pursuant to this paragraph shall be

28  made within 30 days of formal approval by the department of

29  the application for the refund. No refund shall be granted

30  under this paragraph unless the amount to be refunded exceeds

31


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    CS for SB 1114                                 First Engrossed



  1  $100 in sales tax paid on purchases made within a 60-day time

  2  period.

  3         6.  The department shall adopt rules governing the

  4  manner and form of refund applications and may establish

  5  guidelines as to the requisites for an affirmative showing of

  6  qualification for exemption under this paragraph.

  7         7.  If the department determines that the business

  8  property is used outside an enterprise zone within 3 years

  9  from the date of purchase, the amount of taxes refunded to the

10  business purchasing such business property shall immediately

11  be due and payable to the department by the business, together

12  with the appropriate interest and penalty, computed from the

13  date of purchase, in the manner provided by this chapter.

14  Notwithstanding this subparagraph, in order to provide greater

15  employment opportunities in areas of critical state economic

16  concern, business property used exclusively in:

17         a.  Licensed commercial fishing vessels,

18         b.  Fishing guide boats, or

19         c.  Ecotourism guide boats

20

21  that leave and return to a fixed location within an area

22  designated under s. 370.28 are eligible for the exemption

23  provided under this paragraph if all requirements of this

24  paragraph are met. Such vessels and boats must be owned by a

25  business that is eligible to receive the exemption provided

26  under this paragraph. This exemption does not apply to the

27  purchase of a vessel or boat.

28         8.  The department shall deduct an amount equal to 10

29  percent of each refund granted under the provisions of this

30  paragraph from the amount transferred into the Local

31  Government Half-cent Sales Tax Clearing Trust Fund pursuant to


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    CS for SB 1114                                 First Engrossed



  1  s. 212.20 for the county area in which the business property

  2  is located and shall transfer that amount to the General

  3  Revenue Fund.

  4         9.  For the purposes of this exemption, "business

  5  property" means new or used property defined as "recovery

  6  property" in s. 168(c) of the Internal Revenue Code of 1954,

  7  as amended, except:

  8         a.  Property classified as 3-year property under s.

  9  168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;

10         b.  Industrial machinery and equipment as defined in

11  sub-subparagraph (b)6.a. and eligible for exemption under

12  paragraph (b); and

13         c.  Building materials as defined in sub-subparagraph

14  (g)8.a.

15         10.  The provisions of this paragraph shall expire and

16  be void on December 31, 2005.

17         Section 32.  Subsection (1) and paragraph (a) of

18  subsection (3) of section 212.096, Florida Statutes, are

19  amended to read:

20         212.096  Sales, rental, storage, use tax; enterprise

21  zone jobs credit against sales tax.--

22         (1)  For the purposes of the credit provided in this

23  section:

24         (a)  "Eligible business" means any sole proprietorship,

25  firm, partnership, corporation, bank, savings association,

26  estate, trust, business trust, receiver, syndicate, or other

27  group or combination, or successor business, located in an

28  enterprise zone. An eligible business does not include any

29  business which has claimed the credit permitted under s.

30  220.181 for any new business employee first beginning

31  employment with the business after July 1, 1995.


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    CS for SB 1114                                 First Engrossed



  1         (b)  "Month" means either a calendar month or the time

  2  period from any day of any month to the corresponding day of

  3  the next succeeding month or, if there is no corresponding day

  4  in the next succeeding month, the last day of the succeeding

  5  month.

  6         (c)  "New employee" means a person residing in an

  7  enterprise zone, a qualified Job Training Partnership Act

  8  classroom training participant, or a WAGES participant who

  9  begins employment with an eligible business after July 1,

10  1995, and who has not been previously employed within the

11  preceding 12 months by the eligible business, or a successor

12  eligible business, claiming the credit allowed by this

13  section.

14

15  A person shall be deemed to be employed if the person performs

16  duties in connection with the operations of the business on a

17  regular, full-time basis, provided the person is performing

18  such duties for an average of at least 36 hours per week each

19  month, or a part-time basis, provided the person is performing

20  such duties for an average of at least 20 hours per week each

21  month throughout the year. The person must be performing such

22  duties at a business site located in the enterprise zone.

23         (3)  In order to claim this credit, an eligible

24  business must file under oath with the governing body or

25  enterprise zone development agency having jurisdiction over

26  the enterprise zone where the business is located, as

27  applicable, a statement which includes:

28         (a)  For each new employee for whom this credit is

29  claimed, the employee's name and place of residence, including

30  the identifying number assigned pursuant to s. 290.0065 to the

31  enterprise zone in which the employee resides if the new


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    CS for SB 1114                                 First Engrossed



  1  employee is a person residing in an enterprise zone, and, if

  2  applicable, documentation that the employee is a qualified Job

  3  Training Partnership Act classroom training participant or a

  4  WAGES participant.

  5         Section 33.  Paragraph (q) of subsection (1) of section

  6  220.03, Florida Statutes, is amended to read:

  7         220.03  Definitions.--

  8         (1)  SPECIFIC TERMS.--When used in this code, and when

  9  not otherwise distinctly expressed or manifestly incompatible

10  with the intent thereof, the following terms shall have the

11  following meanings:

12         (q)  "New employee," for the purposes of the enterprise

13  zone jobs credit, means a person residing in an enterprise

14  zone, a qualified Job Training Partnership Act classroom

15  training participant, or a WAGES participant employed at a

16  business located in an enterprise zone who begins employment

17  in the operations of the business after July 1, 1995, and who

18  has not been previously employed within the preceding 12

19  months by the business or a successor business claiming the

20  credit pursuant to s. 220.181.  A person shall be deemed to be

21  employed by such a business if the person performs duties in

22  connection with the operations of the business on a full-time

23  basis, provided she or he is performing such duties for an

24  average of at least 36 hours per week each month, or a

25  part-time basis, provided she or he is performing such duties

26  for an average of at least 20 hours per week each month

27  throughout the year. The person must be performing such duties

28  at a business site located in an enterprise zone. The

29  provisions of this paragraph shall expire and be void on June

30  30, 2005.

31


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    CS for SB 1114                                 First Engrossed



  1         Section 34.  Paragraph (a) of subsection (2) of section

  2  220.181, Florida Statutes, is amended to read:

  3         220.181  Enterprise zone jobs credit.--

  4         (2)  When filing for an enterprise zone jobs credit, a

  5  business must file under oath with the governing body or

  6  enterprise zone development agency having jurisdiction over

  7  the enterprise zone where the business is located, as

  8  applicable, a statement which includes:

  9         (a)  For each new employee for whom this credit is

10  claimed, the employee's name and place of residence during the

11  taxable year, including the identifying number assigned

12  pursuant to s. 290.0065 to the enterprise zone in which the

13  new employee resides if the new employee is a person residing

14  in an enterprise zone, and, if applicable, documentation that

15  the employee is a qualified Job Training Partnership Act

16  classroom training participant or a WAGES participant.

17         Section 35.  Subsection (10) is added to section

18  288.047, Florida Statutes, to read:

19         288.047  Quick-response training for economic

20  development.--

21         (10)  There is created a Quick-response Training

22  Program for Work and Gain Economic Self-sufficiency (WAGES)

23  participants. Enterprise Florida, Inc., may, at the discretion

24  of the WAGES Targeted Employment Team, award quick-response

25  training grants and develop applicable guidelines for the

26  training of participants in the WAGES Program. In addition to

27  a local economic development organization, grants must be

28  endorsed by the applicable local WAGES coalition and regional

29  workforce development board.

30         (a)  Training funded pursuant to this subsection may

31  not exceed 12 months, and may be provided by the local


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    CS for SB 1114                                 First Engrossed



  1  community college, school district, regional workforce

  2  development board, or the business employing the participant,

  3  including on-the-job training. Training will provide

  4  entry-level skills to new workers, including those employed in

  5  retail, who are participants in the WAGES Program.

  6         (b)  WAGES participants trained pursuant to this

  7  subsection must be employed at a wage not less than $6.00 per

  8  hour.

  9         (c)  Funds made available pursuant to this subsection

10  may be expended in connection with the relocation of a

11  business from one community to another community if approved

12  by the WAGES Targeted Employment Team.

13         Section 36.  Subsection (4) of section 370.28, Florida

14  Statutes, is amended, and subsection (5) is added to that

15  section to read:

16         370.28  Enterprise zone designation; communities

17  adversely impacted by net limitations.--

18         (4)  Notwithstanding the enterprise zone residency

19  requirements set out in ss. 212.096(1)(c) and 220.03(1)(q),

20  businesses located in enterprise zones designated pursuant to

21  this section may receive the credit provided under s. 212.096

22  or s. 220.181 for hiring any person within the jurisdiction of

23  the county within which nominating community of such

24  enterprise zone is located.  All other provisions of ss.

25  212.096, 220.03(1)(q), and 220.181 apply to such businesses.

26  To increase employment opportunities for WAGES participants

27  and prevent other persons from reliance on WAGES benefits,

28  notwithstanding the requirement specified in ss.

29  212.08(5)(g)5. and (h)5. and (15)(a) and 220.182(1)(b) that no

30  less than 20 percent of a business's employees, excluding

31  temporary and part-time employees, must be residents of an


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    CS for SB 1114                                 First Engrossed



  1  enterprise zone for the business to qualify for the maximum

  2  exemption or credit provided in ss. 212.08(5)(g) and (h) and

  3  (15) and 220.182, a business that is located in an enterprise

  4  zone designated pursuant to this section shall be qualified

  5  for those maximum exemptions or credits if no less than 20

  6  percent of such employees of the business are residents of the

  7  jurisdiction of the county within which the enterprise zone is

  8  located. All other provisions of ss. 212.08(5)(g) and (h) and

  9  (15) and 220.182 apply to such business.

10         (5)  Notwithstanding the time limitations contained in

11  chapters 212 and 220, a business eligible to receive tax

12  credits under this section from January 1, 1997, to June 1,

13  1998, must submit an application for the tax credits by

14  December 1, 1998. All other requirements of the enterprise

15  zone program apply to such a business.

16         Section 37.  There is appropriated $32 million from

17  federal funds received by the state pursuant to Public Law

18  104-193, The Personal Responsibility and Work Opportunity Act,

19  to the Employment Security Administration Trust Fund in the

20  Department of Labor and Employment Security, to support the

21  activities of local WAGES coalitions directed toward

22  preparing, placing, and supporting WAGES participants in jobs

23  or other approved work related activities.

24         Section 38.  Section 414.155, Florida Statutes, is

25  created to read:

26         414.155  Relocation assistance program.--

27         (1)  The Legislature recognizes that the need for

28  public assistance may arise because a family is located in an

29  area with limited employment opportunities, because of

30  geographic isolation, because of formidable transportation

31  barriers, because of isolation from their extended family, or


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    CS for SB 1114                                 First Engrossed



  1  because domestic violence interferes with the ability of a

  2  parent to maintain self-sufficiency.  Accordingly there is

  3  established a voluntary program to assist families in

  4  relocating to communities with greater opportunities for

  5  self-sufficiency.

  6         (2)  The relocation assistance program shall involve

  7  five steps by the Department of Children and Family Services

  8  and the Department of Labor and Employment Security:

  9         (a)  A determination that the family is a WAGES

10  participant or that all requirements of eligibility for the

11  WAGES Program would likely be met.

12         (b)  A determination that there is a basis for

13  believing that relocation will contribute to the ability of

14  the applicant to achieve self-sufficiency. For example, the

15  applicant:

16         1.  Is unlikely to achieve independence at the current

17  community of residence;

18         2.  Has secured a job that requires relocation to

19  another community;

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

21  or

22         4.  Is determined pursuant to criteria or procedures

23  established by the WAGES Program State Board of Directors to

24  be a victim of domestic violence who would experience reduced

25  probability of further incidents through relocation.

26         (c)  Establishment of a relocation plan, including a

27  budget and such requirements as are necessary to prevent abuse

28  of the benefit and to provide an assurance that the applicant

29  will relocate. The plan may require that expenditures be made

30  on behalf of the recipient; however, the plan must include

31  provisions to protect the safety of victims of domestic


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    CS for SB 1114                                 First Engrossed



  1  violence and avoid provisions that place them in anticipated

  2  danger. The payment to defray relocation expenses shall be

  3  limited to an amount not to exceed 4 months' temporary cash

  4  assistance, based on family size, and will not count towards

  5  the time limitations stated in s. 414.105. The Department of

  6  Children and Family Services may adopt rules necessary to

  7  administer this section.

  8         (d)  A determination, pursuant to criteria adopted by

  9  the WAGES Program State Board of Directors, that a Florida

10  community receiving a relocated family has the capacity to

11  provide needed services and employment opportunities. The

12  Department of Labor and Employment Security may adopt rules

13  necessary to establish criteria to be used by the WAGES

14  Program State Board of Directors in administering this

15  paragraph.

16         (e)  Monitoring the relocation.

17         (3)  A family receiving relocation assistance for

18  reasons other than domestic violence must sign an agreement

19  restricting the family from applying for temporary cash

20  assistance for 6 months, unless an emergency is demonstrated

21  to the department.  If a demonstrated emergency forces the

22  family to reapply for temporary cash assistance within 6

23  months after receiving a relocation assistance payment,

24  repayment must be made on a prorated basis over an 8-month

25  period and subtracted from any regular payment of temporary

26  cash assistance for which the applicant may be eligible. The

27  Department of Children and Family Services may adopt rules

28  necessary to administer this section.

29         (4)  Nothing herein shall be construed to allow any

30  WAGES coalition or state agency to require relocation of a

31


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    CS for SB 1114                                 First Engrossed



  1  WAGES participant for the purposes of this section or any

  2  other.

  3         (5)  When the relocation plan for a WAGES participant

  4  involves relocating the participant within the state, the plan

  5  must be approved by the local WAGES coalition in the district

  6  from which the participant is moving and the local WAGES

  7  coalition in the district to which the participant is moving

  8  before the effective date of the move.

  9         Section 39.  The following resources are designated for

10  support of the WAGES Targeted Employment Program:

11         (1)  Up to $25,000,000 of funds designated for WAGES

12  reserve is to be expended for WAGES Program job development in

13  areas of critical state economic concern.

14         (2)  Up to $10,000,000 of Employment Security

15  Administration Trust Fund amounts associated with JTPA IIB,

16  IIC and III designated for regions containing areas of active

17  state economic concern shall be identified by the WAGES

18  Targeted Employment Team in cooperation with the Department of

19  Labor and Employment Security and used by the appropriate

20  regional authority to fund programs and projects that produce

21  jobs for WAGES participants in areas of critical state

22  economic concern.

23         (3)  Up to $7,500,000 from Employment Security

24  Administration Trust Fund amounts associated with the

25  Welfare-to-Work grant is to be reserved for activities that

26  lead to employment of WAGES participants in areas of critical

27  state economic concern as defined by the WAGES Targeted

28  Employment Program. Of the $7,500,000 reserved, $500,000 is to

29  be provided to the Department of Community Affairs for start

30  up of the WAGES Targeted Employment Program, $2,500,000 is to

31  be provided to the Institute of Food and Agricultural Sciences


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    CS for SB 1114                                 First Engrossed



  1  of the University of Florida for WAGES job opportunities, and

  2  $1,000,000 is to be provided to the Department of Military

  3  Affairs to provide job readiness services for WAGES

  4  participants as approved by the State WAGES Board.

  5         Section 40.  A total of $1.9 million is appropriated

  6  from the Employment Security Administration Trust Fund to

  7  establish a life preparation program with the National Guard

  8  for children of WAGES participants and economically

  9  disadvantaged youths in concert with neighborhood

10  revitalization efforts.

11         Section 41.  This act shall take effect upon becoming a

12  law.

13         Section 42.  This act shall take effect July 1, 1998.

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