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    Florida House of Representatives - 1997               CS/HB 17

        By the Committee on Children & Family Empowerment and
    Representatives Rodriguez-Chomat, Barreiro, Garcia, Morse,
    Betancourt, Lacasa, Valdes and Villalobos




  1                      A bill to be entitled

  2         An act relating to welfare reform; creating the

  3         "Humanitarian Aid to Legal Residents Act of

  4         1997"; prohibiting discrimination in the

  5         provision of public assistance to residents of

  6         the state; providing eligibility of legal

  7         residents for public assistance benefits;

  8         specifying actions leading to loss of benefits

  9         and eligibility; providing definitions;

10         providing residency requirements; providing a

11         limitation; providing an effective date.

12

13         WHEREAS, on August 22, 1996, Title IV, the "Personal

14  Responsibility and Work Opportunity Reconciliation Act of

15  1996" (Pub. L. No. 104-193, the Welfare Act), was signed into

16  law by the President, dramatically altering the current

17  welfare system and restricting the access of certain legal

18  immigrants to a wide range of public benefits, including

19  Medicaid, supplemental security income (SSI), and food stamps,

20  and

21         WHEREAS, an estimated 46,000 recipients of supplemental

22  security income, 102,000 recipients of food stamps, 3,500

23  recipients of Medicaid, and 650 recipients of temporary

24  assistance to needy families, in Florida, will begin to lose

25  these benefits as early as August 22, 1997, if they are unable

26  to become naturalized citizens, and

27         WHEREAS, an estimated 12,000 qualified aliens a year

28  admitted to the United States beginning August 22, 1996, and

29  residing in Florida will be barred from federal means-tested

30  programs for 5 years, due to changes in eligibility related to

31  citizenship under the federal act, and

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  1         WHEREAS, many of these recipients are over 65 years of

  2  age with no other means of support, and will not be able to

  3  become United States citizens due to mental or physical

  4  incapacity, and

  5         WHEREAS, the Congressional Budget Office estimated the

  6  Federal Government would reduce funding by $2.9 billion in

  7  fiscal year 1997 and $54.2 billion between fiscal year 1997

  8  and fiscal year 2002 as a result of denying these benefits to

  9  certain legal immigrants, NOW, THEREFORE,

10

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

12

13         Section 1.  Humanitarian Aid to Legal Residents Act of

14  1997.--

15         (1)  SHORT TITLE.--This act may be cited as the

16  "Humanitarian Aid to Legal Residents Act of 1997."

17         (2)  NONDISCRIMINATION; ELIGIBILITY FOR PUBLIC

18  ASSISTANCE.--Notwithstanding any provision of the federal

19  Personal Responsibility and Work Opportunity Reconciliation

20  Act of 1996 (Pub. L. No. 104-193), the State of Florida shall

21  not discriminate between Florida residents who are United

22  States citizens and Florida residents who are legal residents

23  of the United States as of February 1, 1997, in the provision

24  of public assistance as described in this section to qualified

25  persons residing in the state.

26         (a)  A legal resident of the United States residing in

27  Florida who is eligible to apply and has applied for United

28  States citizenship by June 30, 1997, and who has lost or will

29  lose cash assistance, Medicaid, supplemental security income,

30  or food stamp benefits as a result of changes in eligibility

31  related to citizenship or residency status in said federal act

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  1  is eligible to receive equivalent benefits under state law

  2  while the resident's application for citizenship is pending.

  3  The amount of benefits provided to a person under this

  4  subsection may not exceed the amount of the benefits lost by

  5  that person as a result of the changes in eligibility related

  6  to citizenship or residency status in the federal act.

  7         (b)  A legal resident of the United States residing in

  8  Florida on February 1, 1997, who is not eligible to apply for

  9  citizenship until a date subsequent to February 1, 1997, shall

10  be eligible for the benefits provided under this section,

11  provided the resident applies for citizenship not later than

12  90 days after the date he or she becomes eligible to make such

13  an application.

14         (c)  A legal resident of the United States residing in

15  Florida on June 30, 1997, who is 65 years of age or older or

16  is mentally or physically incapacitated on the effective date

17  of this act, and who has lost or will lose benefits but is

18  unable to obtain citizenship due to mental or physical

19  disability, is eligible to receive benefits under state law up

20  to an amount equivalent to the cash assistance, Medicaid,

21  supplemental security income, and other public assistance

22  benefits provided to a United States citizen residing in the

23  state who is 65 years of age or older or is mentally or

24  physically incapacitated.

25         (d)  A legal resident who receives benefits under this

26  section and who travels or transmits money or goods other than

27  medicine to Cuba, either directly, indirectly, or through a

28  third country, shall automatically lose any such benefits,

29  monetary or of any other nature, and shall be ineligible for

30  further benefits under this section.

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  1         (3)  DEFINITIONS.--For the purposes of eligibility for

  2  benefits under this section, the term:

  3         (a)  "Mental incapacitation" means either developmental

  4  disability or mental impairment.

  5         1.  "Developmental disability" means an impairment, the

  6  onset of which precedes an individual's 18th birthday, that

  7  causes an individual to show delayed development of a specific

  8  cognitive area of maturation, such as reading, language, or

  9  speech, resulting in intellectual functioning so impaired as

10  to render an individual unable to demonstrate an understanding

11  of the English language or unable to fulfill the requirements

12  for English proficiency, even with reasonable modifications.

13         2.  "Mental impairment" means a primary impairment of

14  brain function, generally associated with an organic basis

15  upon which the diagnosis is based, resulting in an impairment

16  of intellectual functions such as memory, orientation, or

17  judgment that causes an individual to be unable to participate

18  in the procedures required for becoming a naturalized citizen.

19         (b)  "Physical disability" means a physical impairment

20  that subtantially limits an individual's major life activities

21  in a way that causes that individual to be unable to

22  participate in the procedures required for becoming a

23  naturalized citizen.

24         (4)  RESIDENCY.--To qualify a person as a state

25  resident for purposes of this section, the Department of

26  Children and Family Services shall make a determination based

27  on the following criteria:

28         (a)  A person or, if that person is a dependent child,

29  his or her parent or parents must have established legal

30  residence in this state and must have maintained legal

31  residence in this state as provided by this subsection.

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  1         (b)  Every applicant for benefits under this section

  2  must make a statement as to his or her length of residence in

  3  the state and must establish that his or her presence or, if

  4  the applicant is a dependent child, the presence of his or her

  5  parent or parents in the state currently is, and during the

  6  requisite 6-month qualifying period was, for the purpose of

  7  maintaining a bona fide domicile, rather than for the purpose

  8  of maintaining a temporary residence to receive benefits under

  9  this section.

10         1.  However, a dependent child living with an adult

11  relative other than the child's parent may qualify as a

12  resident for purposes of this section if the adult relative is

13  a legal resident who has maintained legal residence in this

14  state for at least 6 months immediately prior to the child's

15  qualification, provided the child has resided continuously

16  with such relative for the 5 years immediately prior to the

17  child's qualification, during which time the adult relative

18  has exercised day-to-day care, supervision, and control of the

19  child.

20         2.  The legal residence of a dependent child whose

21  parents are divorced, separated, or otherwise living apart

22  shall be deemed to be this state if either parent is a legal

23  resident of this state, regardless of which parent is entitled

24  to claim, and does in fact claim, the minor as a dependent

25  pursuant to federal individual income tax provisions.

26         (c)  An individual shall not be classified as a

27  resident and thus shall not be eligible to receive benefits

28  under this section until he or she has provided such evidence

29  related to legal residence and its duration as may be required

30  by officials of the program from which he or she seeks

31  benefits.

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  1         (d)  With respect to a dependent child, the legal

  2  residence of such individual's parent or parents is prima

  3  facie evidence of the individual's legal residence, which

  4  evidence may be reinforced or rebutted, relative to the age

  5  and general circumstances of the individual, by the other

  6  evidence of legal residence required of or presented by the

  7  individual.  However, the legal residence of an individual

  8  whose parent or parents are domiciled outside this state is

  9  not prima facie evidence of the individual's legal residence

10  if that individual has lived in this state for 5 consecutive

11  years prior to applying for benefits under this section.

12         (e)  In making a domiciliary determination related to

13  the classification of a person as a resident or nonresident

14  for purposes of this section, the domicile of a married

15  person, irrespective of sex, shall be determined, as in the

16  case of an unmarried person, by reference to all relevant

17  evidence of domiciliary intent.  For the purposes of this

18  subsection:

19         1.  A person shall not be precluded from establishing

20  or maintaining legal residence in this state and subsequently

21  qualifying or continuing to qualify for benefits under this

22  section solely by reason of marriage to a person domiciled

23  outside this state, even when that person's spouse continues

24  to be domiciled outside of this state, provided such person

25  maintains his or her legal residence in this state.

26         2.  A person shall not be deemed to have established or

27  maintained a legal residence in this state and subsequently to

28  have qualified or continued to qualify as a resident for

29  purposes of eligibility for benefits under this section solely

30  by reason of marriage to a person domiciled in this state.

31

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    Florida House of Representatives - 1997               CS/HB 17

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  1         3.  In determining the domicile of a married person,

  2  irrespective of sex, the fact of the marriage and the place of

  3  domicile of such person's spouse shall be deemed relevant

  4  evidence to be considered in ascertaining domiciliary intent.

  5         (f)  Any nonresident person, irrespective of sex, who

  6  marries a legal resident of this state or marries a person who

  7  later becomes a legal resident may, upon becoming a legal

  8  resident of this state, accede to the benefit of the spouse's

  9  immediately precedent duration as a legal resident for

10  purposes of satisfying the 6-month durational requirement of

11  this section.

12         (g)  A person shall not lose his or her resident status

13  for purposes of qualifying for benefits under this section

14  solely by reason of serving, or, if such person is a dependent

15  child, by reason of his or her parent's or parents' serving,

16  outside of this state in the Armed Forces of the United

17  States.

18         (5)  LIMITATION.--Nothing contained in this section

19  shall be construed to provide more benefits or additional

20  benefits to a legal immigrant, as provided in this section,

21  than such person would otherwise receive as a citizen of the

22  United States.

23         Section 2.  This act shall take effect upon becoming a

24  law.

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