Senate Bill 1984
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Florida Senate - 1998 SB 1984
By Senator Kurth
15-908-98 See HB 3391
1 A bill to be entitled
2 An act relating to protection of victims who
3 apply for or receive public assistance;
4 amending s. 414.0252, F.S.; defining "battered
5 or subject to extreme cruelty" and "domestic
6 violence" with respect to specified provisions
7 relating to temporary family assistance;
8 amending s. 414.028, F.S.; requiring that the
9 program and financial plan developed by a local
10 WAGES coalition include provisions for
11 providing services for victims of domestic
12 violence; amending s. 414.065, F.S., relating
13 to work requirements; providing an exception
14 from the work requirements for certain
15 individuals at risk of domestic violence;
16 providing an exception for a specified period
17 for certain individuals impaired by past
18 incidents of domestic violence, under certain
19 circumstances; reenacting s. 414.20, F.S.,
20 relating to support services, to incorporate
21 the amendment in a reference; amending s.
22 414.095, F.S., relating to determination of
23 eligibility for the WAGES program; providing
24 that a person who has been battered or subject
25 to extreme cruelty in the United States by a
26 spouse or parent is a "qualified noncitizen"
27 under specified circumstances; providing for
28 program applicants or participants to receive
29 certain information regarding services
30 available from domestic violence centers or
31 organizations and to request referrals thereto;
1
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Florida Senate - 1998 SB 1984
15-908-98 See HB 3391
1 providing that risk of domestic violence
2 constitutes good cause for failure by a parent
3 or caretaker relative to cooperate with
4 paternity establishment or establishment,
5 modification, or enforcement of certain child
6 support orders, under specified circumstances;
7 amending s. 414.105, F.S., relating to time
8 limitations on temporary cash assistance;
9 permitting domestic violence victims to be
10 granted hardship exemptions not subject to
11 certain percentage limitations, under specified
12 circumstances; amending s. 414.115, F.S.,
13 relating to limited temporary cash assistance
14 for children born to families receiving
15 temporary cash assistance; providing for
16 nonapplicability to domestic violence victims
17 of specified provisions limiting such
18 assistance under certain circumstances;
19 providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Present subsections (3) and (4) through
24 (10) of section 414.0252, Florida Statutes, are renumbered as
25 subsections (4) and (6) through (12) of that section,
26 respectively, and new subsections (3) and (5) are added to
27 that section, to read:
28 414.0252 Definitions.--As used in ss. 414.015-414.45,
29 the term:
30 (3) "Battered or subject to extreme cruelty" means
31 having been subjected to:
2
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Florida Senate - 1998 SB 1984
15-908-98 See HB 3391
1 (a) Physical acts that resulted in, or threatened to
2 result in, physical injury to the individual;
3 (b) Sexual abuse;
4 (c) Sexual activity involving a dependent child;
5 (d) Being forced as the caretaker relative of a
6 dependent child to engage in nonconsensual sexual acts or
7 activities;
8 (e) Threats of, or attempts at, physical or sexual
9 abuse;
10 (f) Mental abuse; or
11 (g) Neglect or deprivation of medical care,
12
13 or has the same meaning as otherwise defined in section
14 408(a)(7)(C)(iii) of the Social Security Act, as amended.
15 (5) "Domestic violence" means acts by which a person
16 is battered or subject to extreme cruelty.
17 Section 2. Paragraph (a) of subsection (4) of section
18 414.028, Florida Statutes, is 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
3
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Florida Senate - 1998 SB 1984
15-908-98 See HB 3391
1 (4) Each local WAGES coalition shall perform the
2 planning, coordination, and oversight functions specified in
3 the statewide implementation plan, including, but not limited
4 to:
5 (a) Developing a program and financial plan to achieve
6 the performance outcomes specified by the WAGES Program State
7 Board of Directors for current and potential program
8 participants in the service area. The plan must reflect the
9 needs of service areas for seed money to create programs that
10 assist children of WAGES participants. The plan must also
11 include provisions for providing services for victims of
12 domestic violence.
13 Section 3. Subsection (7) of section 414.065, Florida
14 Statutes, is amended to read:
15 414.065 Work requirements.--
16 (7) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--The
17 situations listed in this subsection shall constitute
18 exceptions to the penalties for noncompliance with
19 participation requirements, except that these situations do
20 not constitute exceptions to the applicable time limit for
21 receipt of temporary cash assistance:
22 (a) Noncompliance related to child care.--Temporary
23 cash assistance may not be terminated for refusal to
24 participate in work activities if the individual is a single
25 custodial parent caring for a child who has not attained 6
26 years of age, and the adult proves to the department or to the
27 Department of Labor and Employment Security an inability to
28 obtain needed child care for one or more of the following
29 reasons:
30 1. Unavailability of appropriate child care within a
31 reasonable distance from the individual's home or worksite.
4
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Florida Senate - 1998 SB 1984
15-908-98 See HB 3391
1 2. Unavailability or unsuitability of informal child
2 care by a relative or under other arrangements.
3 3. Unavailability of appropriate and affordable formal
4 child care arrangements.
5 (b) Noncompliance related to risk of domestic
6 violence.--An individual who is unable to comply with the work
7 requirements because such compliance would make it more
8 difficult for the individual to escape domestic violence or
9 subject such individual to further risk of domestic violence
10 shall be excepted from such requirements as determined by the
11 Department of Labor and Employment Security and the Department
12 of Children and Family Services.
13 (c) Noncompliance related to treatment or remediation
14 of past effects of domestic violence.--An individual who is
15 unable to comply with the work requirements due to mental or
16 physical impairment related to past incidents of domestic
17 violence may be excepted from the activities for a specific
18 period, except that such individual shall be required to
19 cooperate with the counseling or course of treatment necessary
20 for the individual to resume participation. An appropriate
21 services plan shall be designed for such individual which will
22 provide safety and lead to employment. The need for treatment
23 and the expected duration of such treatment must be verified
24 by a physician, a licensed therapist, or a treatment
25 professional affiliated with a certified domestic violence
26 center or similar entity. Exceptions granted under this
27 paragraph do not constitute exceptions to the time limitations
28 on benefits under s. 414.105.
29 (d)(b) Noncompliance related to medical
30 incapacity.--If an individual cannot participate in assigned
31 work activities due to a medical incapacity, the individual
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Florida Senate - 1998 SB 1984
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1 may be excepted from the activity for a specific period,
2 except that the individual shall be required to comply with
3 the course of treatment necessary for the individual to resume
4 participation. A participant may not be excused from work
5 activity requirements unless the participant's medical
6 incapacity is verified by a physician licensed under chapter
7 458 or chapter 459, in accordance with procedures established
8 by rule of the Department of Labor and Employment Security.
9 (e)(c) Other good cause exceptions for
10 noncompliance.--Individuals who are temporarily unable to
11 participate due to circumstances beyond their control may be
12 excepted from the noncompliance penalties. The Department of
13 Labor and Employment Security may define by rule situations
14 that would constitute good cause. These situations must
15 include caring for a disabled family member when the need for
16 the care has been verified and alternate care is not
17 available.
18 Section 4. For the purpose of incorporating the
19 amendment to section 414.065, Florida Statutes, in a reference
20 thereto, section 414.20, Florida Statutes, is reenacted to
21 read:
22 414.20 Other support services.--Support services shall
23 be provided, if resources permit, to assist participants in
24 complying with work activity requirements outlined in s.
25 414.065. If resources do not permit the provision of needed
26 support services, the department and the Department of Labor
27 and Employment Security may prioritize or otherwise limit
28 provision of support services. This section does not
29 constitute an entitlement to support services. Lack of
30 provision of support services may be considered as a factor in
31 determining whether good cause exists for failing to comply
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Florida Senate - 1998 SB 1984
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1 with work activity requirements but does not automatically
2 constitute good cause for failing to comply with work activity
3 requirements, and does not affect any applicable time limit on
4 the receipt of temporary cash assistance or the provision of
5 services under this chapter. Support services shall include,
6 but need not be limited to:
7 (1) TRANSPORTATION.--Transportation expenses may be
8 provided to any participant when the assistance is needed to
9 comply with work activity requirements or employment
10 requirements, including transportation to and from a child
11 care provider. Payment may be made in cash or tokens in
12 advance or through reimbursement paid against receipts or
13 invoices. Support services funds may also be used to develop
14 transportation resources to expand transportation options
15 available to participants. These services may include
16 cooperative arrangements with local transit authorities or
17 school districts and small enterprise development.
18 (2) ANCILLARY EXPENSES.--Ancillary expenses such as
19 books, tools, clothing, fees, and costs necessary to comply
20 with work activity requirements or employment requirements may
21 be provided.
22 (3) MEDICAL SERVICES.--A family that meets the
23 eligibility requirements for Medicaid shall receive medical
24 services under the Medicaid program.
25 (4) PERSONAL AND FAMILY COUNSELING AND
26 THERAPY.--Counseling may be provided to participants who have
27 a personal or family problem or problems caused by substance
28 abuse that is a barrier to compliance with work activity
29 requirements or employment requirements. In providing these
30 services, the department and the Department of Labor and
31 Employment Security shall use services that are available in
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Florida Senate - 1998 SB 1984
15-908-98 See HB 3391
1 the community at no additional cost. If these services are not
2 available, the department and the Department of Labor and
3 Employment Security may use support services funds. Personal
4 or family counseling not available through Medicaid may not be
5 considered a medical service for purposes of the required
6 statewide implementation plan or use of federal funds.
7 Section 5. Paragraph (g) is added to subsection (10)
8 of section 414.095, Florida Statutes, and subsection (3) and
9 paragraph (d) of subsection (15) of said section are amended
10 to read:
11 414.095 Determining eligibility for the WAGES
12 Program.--
13 (3) ELIGIBILITY FOR NONCITIZENS.--A "qualified
14 noncitizen" is an individual who is lawfully present in the
15 United States as a refugee or who is granted asylum under ss.
16 207 and 208 of the Immigration and Nationality Act, an alien
17 whose deportation is withheld under s. 243(h) of the
18 Immigration and Nationality Act, or an alien who has been
19 admitted as a permanent resident and meets specific criteria
20 under federal law. In addition, a "qualified noncitizen"
21 includes an individual who has been battered or subject to
22 extreme cruelty in the United States by a spouse or a parent,
23 and has applied for or received protection under the federal
24 Violence Against Women Act of 1994, Pub. L. No. 103-322, if
25 the need for benefits is related to the abuse. A "nonqualified
26 noncitizen" is a nonimmigrant alien, including a tourist,
27 business visitor, foreign student, exchange visitor, temporary
28 worker, or diplomat. In addition, a "nonqualified noncitizen"
29 includes an individual paroled into the United States for less
30 than 1 year. A qualified noncitizen who is otherwise eligible
31 may receive temporary cash assistance to the extent permitted
8
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Florida Senate - 1998 SB 1984
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1 by federal law. The income or resources of a sponsor and the
2 sponsor's spouse shall be included in determining eligibility
3 to the maximum extent permitted by federal law.
4 (a) A child born in the United States to an illegal or
5 ineligible alien is eligible for temporary cash assistance
6 under this chapter if the family meets all eligibility
7 requirements.
8 (b) If the parent may legally work in this country,
9 the parent must participate in the work activity requirements
10 provided in s. 414.065, to the extent permitted under federal
11 law.
12 (c) The department shall participate in the Systematic
13 Alien Verification for Entitlements Program (SAVE) established
14 by the United States Immigration and Naturalization Service in
15 order to verify the validity of documents provided by aliens
16 and to verify an alien's eligibility.
17 (d) The income of an illegal alien or ineligible
18 alien, less a pro rata share for the illegal alien or
19 ineligible alien, counts in determining a family's eligibility
20 to participate in the program.
21 (e) The entire assets of an ineligible alien or a
22 disqualified individual who is a mandatory member of a family
23 shall be included in determining the family's eligibility.
24 (10) PARTICIPANT OPPORTUNITIES AND OBLIGATIONS.--An
25 applicant or participant in the WAGES Program has the
26 following opportunities and obligations:
27 (g) To receive information regarding services
28 available from certified domestic violence centers or
29 organizations that provide counseling and supportive services
30 to individuals who are past or present victims of domestic
31 violence or who are at risk of domestic violence and, upon
9
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Florida Senate - 1998 SB 1984
15-908-98 See HB 3391
1 request, to be referred to such organizations in a manner
2 which protects the individual's confidentiality.
3 (15) PROHIBITIONS AND RESTRICTIONS.--
4 (d) Notwithstanding any law to the contrary, if a
5 parent or caretaker relative without good cause does not
6 cooperate with the state agency responsible for administering
7 the child support enforcement program in establishing,
8 modifying, or enforcing a support order with respect to a
9 child of a teen parent or other family member, or a child of a
10 family member who is in the care of an adult relative,
11 temporary cash assistance to the entire family shall be denied
12 until the state agency indicates that cooperation by the
13 parent or caretaker relative has been satisfactory. To the
14 extent permissible under federal law, a parent or caretaker
15 relative shall not be penalized for failure to cooperate with
16 paternity establishment or with the establishment,
17 modification, or enforcement of a support order when such
18 cooperation could subject an individual to a risk of domestic
19 violence. Such risk shall constitute good cause to the extent
20 permitted by Title IV-D of the Social Security Act, as
21 amended, or other federal law.
22 Section 6. Present subsections (3) through (10) of
23 section 414.105, Florida Statutes, are renumbered as
24 subsections (4) through (11), respectively, and a new
25 subsection (3) is added to that section, to read:
26 414.105 Time limitations of temporary cash
27 assistance.--Unless otherwise expressly provided in this
28 chapter, an applicant or current participant shall receive
29 temporary cash assistance for episodes of not more than 24
30 cumulative months in any consecutive 60-month period that
31
10
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Florida Senate - 1998 SB 1984
15-908-98 See HB 3391
1 begins with the first month of participation and for not more
2 than a lifetime cumulative total of 48 months as an adult.
3 (3) In addition to the exemptions listed in subsection
4 (2), a victim of domestic violence may be granted a hardship
5 exemption if the effects of such domestic violence delay or
6 otherwise interrupt or adversely affect the individual's
7 participation in the program. Hardship exemptions granted
8 under this subsection shall not be subject to the percentage
9 limitations in subsection (2).
10 Section 7. Subsection (2) of section 414.115, Florida
11 Statutes, is amended to read:
12 414.115 Limited temporary cash assistance for children
13 born to families receiving temporary cash assistance.--
14 (2) Subsection (1) does not apply:
15 (a) To a program participant who is a victim of rape
16 or incest if the victim files a police report on the rape or
17 incest within 30 days after the incident;
18 (b) To a program participant who is a past or present
19 victim of domestic violence and who does not report an
20 incident of rape, incest, or sexual exploitation due to the
21 risk of further domestic violence;
22 (c)(b) To children who are the firstborn, including
23 all children in the case of multiple birth, of minors included
24 in a temporary cash assistance group who as minors become
25 first-time parents;
26 (d)(c) To a child when parental custody has been
27 legally transferred; or
28 (e)(d) To a child who is no longer able to live with
29 his or her parents as a result of:
30 1. The death of the child's parent or parents;
31
11
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Florida Senate - 1998 SB 1984
15-908-98 See HB 3391
1 2. The incapacity of the child's parent or parents as
2 documented by a physician, such that the parent or parents are
3 unable to care for the child;
4 3. Legal transfer of the custody of the child to
5 another individual;
6 4. Incarceration of the child's parent or parents,
7 except that the child shall not receive temporary cash
8 assistance if a parent is subsequently released and reunited
9 with the child; or
10 5. A situation in which the child's parent's or
11 parents' institutionalization is expected to be for an
12 extended period, as defined by the department.
13 Section 8. This act shall take effect October 1, 1998.
14
15 *****************************************
16 LEGISLATIVE SUMMARY
17
Defines "battered or subject to extreme cruelty" and
18 "domestic violence" with respect to specified provisions
relating to temporary family assistance. Requires that
19 the plan developed by the local WAGES coalition include
provisions for providing services to victims of domestic
20 violence. Provides an exception from the work
requirements for certain individuals at risk of domestic
21 violence. Provides an exception for a specified period
for certain individuals impaired by past incidents of
22 domestic violence. Provides that a person who has been
battered or subject to extreme cruelty in the United
23 States by a spouse or parent is a "qualified noncitizen"
under specified circumstances. Provides for program
24 applicants or participants to receive certain information
regarding services available from domestic violence
25 centers or organizations and to request referrals
thereto. Provides that risk of domestic violence
26 constitutes good cause for failure by a parent or
caretaker relative to cooperate with paternity
27 establishment or establishment, modification, or
enforcement of certain child support orders, under
28 specified circumstances. Permits domestic violence
victims to be granted certain hardship exemptions from
29 limitations on temporary cash assistance, under specified
circumstances. Provides for nonapplicability to domestic
30 violence victims of specified provisions limiting
temporary cash assistance for children born to families
31 receiving temporary cash assistance.
12