Senate Bill 1114e1
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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
1
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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
2
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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
3
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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
4
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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
5
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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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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
7
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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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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
9
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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
10
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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.
11
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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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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
13
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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
14
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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
15
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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.
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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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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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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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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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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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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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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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