Senate Bill 1984

CODING: Words stricken are deletions; words underlined are additions.



    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;

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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:

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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

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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.

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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
    15-908-98                                          See HB 3391




  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
    15-908-98                                          See HB 3391




  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

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    Florida Senate - 1998                                  SB 1984
    15-908-98                                          See HB 3391




  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

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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

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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

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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.

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