Senate Bill 2524c2

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    Florida Senate - 1998                    CS for CS for SB 2524

    By the Committees on Ways and Means, Commerce and Economic
    Opportunities and Senators Harris and Turner




    301-2078-98

  1                      A bill to be entitled

  2         An act relating to the WAGES Program; amending

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

  4         Program State Board of Directors approve any

  5         WAGES-related proposed administrative rules;

  6         requiring collaboration with the WAGES State

  7         Board concerning other actions by the Workforce

  8         Development Board of Enterprise Florida, Inc.,

  9         and state agencies; extending the existence of

10         the WAGES Program State Board of Directors;

11         allowing the Governor to designate the WAGES

12         Program State Board of Directors as a nonprofit

13         corporation; providing requirements; amending

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

15         member of a local WAGES coalition in the case

16         of a conflict of interest; providing

17         requirements for disclosing any such conflict;

18         providing for certain nonvoting members to be

19         appointed to a local coalition; requiring a

20         local coalition to deliver certain services

21         under the WAGES Program; providing for staff

22         support for local coalitions; requiring that

23         the program and financial plan developed by a

24         local WAGES coalition include provisions for

25         providing services for victims of domestic

26         violence and describing development of the

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

28         provisions that require an employer to repay

29         certain supplements or incentives under

30         specified circumstances; creating a WAGES

31         training bonus to be paid to an employer who

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  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;

  9         reenacting s. 414.20, F.S., relating to support

10         services, to incorporate the amendment in a

11         reference; amending s. 414.105, F.S.; providing

12         for eligibility for extended temporary cash

13         assistance under specified circumstances;

14         providing that an individual who cares for a

15         disabled family member is exempt from certain

16         time limitations; permitting domestic violence

17         victims to be granted hardship exemptions not

18         subject to certain percentage limitations,

19         under specified circumstances; providing

20         legislative intent; providing an effective

21         date.

22

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

24

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

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

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

28  section, to read:

29         414.026  WAGES Program State Board of Directors.--

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

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

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  1  amendments thereto, and any WAGES-related proposed

  2  administrative rules. In addition, state agencies charged by

  3  law with implementation of the WAGES Program and the Workforce

  4  Development Board of Enterprise Florida, Inc., shall

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

  6  Directors on all WAGES-related policies, requests for

  7  proposals, and related directives.

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

  9  the WAGES Program State Board of Directors as a nonprofit

10  corporation for the purpose of receiving federal funds and

11  providing oversight and maintenance to the WAGES Program and

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

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

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

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

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

17         (b)  The executive order designating the nonprofit

18  corporation must include provisions for the governance and

19  organizational structure of the corporation which are

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

21         (c)  The nonprofit corporation shall be organized under

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

23  chapter.

24         (d)  The designated nonprofit corporation is eligible

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

26  282.105(3).

27         (e)  Pursuant to the applicable provisions of chapter

28  284, the Division of Risk Management of the Department of

29  Insurance may insure the nonprofit corporation under the same

30  general terms and conditions as other nonprofit, statutory

31  corporations.

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

  2  and institutions of the state shall cooperate with the

  3  designated nonprofit corporation in the performance of its

  4  duties.

  5         (g)  The designated nonprofit corporation shall make

  6  provisions for an annual postaudit of its financial accounts

  7  by an independent certified public accountant. The annual

  8  audit shall be submitted to the Executive Office of the

  9  Governor for review.

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

11  fulfill all legal conditions to become a nonprofit

12  corporation.

13         (i)  The nonprofit corporation shall make available to

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

15  amended; applicable state laws; and any executive orders

16  establishing WAGES, Inc.

17         (j)  The nonprofit corporation is subject to the

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

19  those provisions of chapter 286 relating to public meetings

20  and records.

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

22  executive director and appropriate staff. The nonprofit

23  corporation shall annually, by February 1, provide the

24  Legislature with a list of staff and salaries.

25         (6)(4)  This section expires June 30, 2002 1999, and

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

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

28  WAGES Program and shall determine if the responsibility for

29  administering the program should be transferred to other state

30  agencies.

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  1         Section 2.  Section 414.028, Florida Statutes, is

  2  amended to read:

  3         414.028  Local WAGES coalitions.--The WAGES Program

  4  State Board of Directors shall create and charter local WAGES

  5  coalitions to plan and coordinate the delivery of services

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

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

  8  the boundaries of the service area for the regional workforce

  9  development board established under the Enterprise Florida

10  workforce development board. The local delivery of services

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

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

13  local service providers designated by the regional workforce

14  development boards.

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

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

17  business community. The composition of the coalition

18  membership must generally reflect the racial, gender, and

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

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

21  coalition must include:

22         1.  Representatives of the principal entities that

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

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

25  including, but not limited to, representatives of local

26  government, the regional workforce development board, and the

27  United Way.

28         2.  A representative of the health and human services

29  board.

30         3.  A representative of a community development board.

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  1         4.  Three representatives of the business community who

  2  represent a diversity of sizes of businesses.

  3         5.  Representatives of other local planning,

  4  coordinating, or service-delivery entities.

  5         6.  A representative of a grassroots community or

  6  economic development organization that serves the poor of the

  7  community.

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

  9  coalition or a combined WAGES coalition as provided in

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

11  organization represented by a member, could benefit

12  financially from transactions of the coalition. However, if

13  the coalition enters into a contract with an organization or

14  individual represented on the coalition, the contract must be

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

16  board member who could benefit financially from the

17  transaction must abstain from voting. A board member must

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

19  WAGES Program State Board of Directors and is consistent with

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

21  agency or entity that could benefit financially from funds

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

23  local WAGES coalition.

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

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

26  WAGES coalition.

27         (d)  A representative of any county or municipal

28  governing body that elects to provide services through the

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

30  of the coalition.

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

  2  a representative of a healthy start coalition shall serve as

  3  an ex officio, nonvoting member of the coalition.

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

  5  coalition from extending regular, voting membership to not

  6  more than one representative of a county health department and

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

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

  9  development board may be combined into one board if the

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

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

12  97-300, the federal Job Training Partnership Act, as amended,

13  and with any law delineating the membership requirements for

14  the regional workforce development boards. Notwithstanding

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

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

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

18  benefit financially from transactions of the coalition.

19  However, members must recuse themselves from voting on all

20  matters from which they or their principals could benefit

21  financially. Failure to recuse on any such vote will

22  constitute grounds for immediate removal from the local WAGES

23  coalition.

24         (3)  The statewide implementation plan prepared by the

25  WAGES Program State Board of Directors shall prescribe and

26  publish the process for chartering the local WAGES coalitions.

27         (4)  Each local WAGES coalition shall perform the

28  planning, coordination, and oversight functions specified in

29  the statewide implementation plan, including, but not limited

30  to:

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

  2  the performance outcomes specified by the WAGES Program State

  3  Board of Directors for current and potential program

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

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

  6  assist children of WAGES participants. The plan must also

  7  include provisions for providing services for victims of

  8  domestic violence.

  9         (b)  Developing a funding strategy to implement the

10  program and financial plan which incorporates resources from

11  all principal funding sources.

12         (c)  Identifying employment, service, and support

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

14  performance outcomes of the WAGES Program.

15         (d)  In cooperation with the regional workforce

16  development board, coordinating the implementation of one-stop

17  career centers.

18         (e)  Advising the Department of Children and Family

19  Services and the Department of Labor and Employment Security

20  with respect to the competitive procurement of services under

21  the WAGES Program.

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

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

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

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

26  WAGES coalition.

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

28  domestic violence.

29         1.  The WAGES Program State Board of Directors shall

30  specify requirements for the local plan, including:

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  1         a.  Criteria for determining eligibility for exceptions

  2  to state work requirements;

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

  4  of domestic violence;

  5         c.  Time limits for exceptions to program requirements,

  6  which may not result in an adult participant exceeding the

  7  federal time limit for exceptions or the state lifetime

  8  benefit limit that the participant would otherwise be entitled

  9  to receive; and

10         d.  An annual report on domestic violence, including

11  the progress made in reducing domestic violence as a barrier

12  to self-sufficiency among WAGES participants, local policies

13  and procedures for granting exceptions and exemptions from

14  program requirements due to domestic violence, and the number

15  and percentage of cases in which such exceptions and

16  exemptions are granted.

17         2.  Each local WAGES coalition plan must specify

18  provisions for coordinating and, where appropriate, delivering

19  services, including:

20         a.  Provisions for the local coalition to coordinate

21  with law enforcement agencies and social service agencies and

22  organizations that provide services and protection to victims

23  of domestic violence;

24         b.  Provisions for allowing participants access to

25  domestic violence support services and ensuring that WAGES

26  participants are aware of domestic violence shelters,

27  hotlines, and other domestic violence services and policies;

28         c.  Designation of the agency that is responsible for

29  determining eligibility for exceptions from program

30  requirements due to domestic violence;

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  1         d.  Provisions that require each individual who is

  2  granted an exemption from program requirements due to domestic

  3  violence to participate in a program that prepares the

  4  individual for self-sufficiency and safety; and

  5         e.  Where possible and necessary, provisions for job

  6  assignments and transportation arrangements that take maximum

  7  advantage of opportunities to preserve the safety of the

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

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

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

11  services provided under the WAGES Program, including services

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

13  Board may direct the Department of Labor and Employment

14  Security to provide such services to WAGES participants if a

15  local WAGES coalition is unable to provide services due to

16  decertification.  Local WAGES coalitions may not determine an

17  individual's eligibility for temporary cash assistance and all

18  education and training shall be provided through agreements

19  with regional workforce development boards. The local WAGES

20  coalitions shall develop a transition plan to be approved by

21  the WAGES Program State Board of Directors.

22         (6)(5)  The WAGES Program State Board of Directors may

23  not approve the program and financial plan of a local

24  coalition unless the plan provides a teen pregnancy prevention

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

26  plan for implementing the Florida Education Now and Babies

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

28  Prevention Community Initiative within each county segment of

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

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

31  authorized to fund community-based welfare prevention and

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  1  reduction initiatives that increase the support provided by

  2  noncustodial parents to their welfare-dependent children and

  3  are consistent with program and financial guidelines developed

  4  by the WAGES Program State Board of Directors and the

  5  Commission on Responsible Fatherhood. These initiatives may

  6  include, but are not limited to, improved paternity

  7  establishment, work activities for noncustodial parents, and

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

  9  encouraging the involvement of fathers with their children,

10  and increasing child-support payments.

11         (7)(6)  At the option of the local WAGES coalition,

12  local employees of the department and the Department of Labor

13  and Employment Security shall provide staff support for the

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

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

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

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

18  entity that could benefit financially from funds appropriated

19  to implement the WAGES Program.

20         (8)(7)  There shall be no liability on the part of, and

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

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

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

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

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

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

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

28         414.065  Work requirements.--

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

30  used individually or in combination to satisfy the work

31  requirements for a participant in the WAGES Program:

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

  2  private sector employment is employment in a private

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

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

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

  6  this paragraph.

  7         1.  Work supplementation.--A work supplementation

  8  subsidy diverts a participant's temporary cash assistance

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

10  participant wages that equal or exceed the applicable federal

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

12  the end of the supplementation period, the employer is

13  expected to retain the participant as a regular employee

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

15  supplementation agreement may not be continued with any

16  employer who exhibits a pattern of failing to provide

17  participants with continued employment after the period of

18  work supplementation ends must provide that if the employee is

19  dismissed at any time within 12 months after termination of

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

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

22  supplement previously paid as a subsidy to the employer under

23  the WAGES Program.

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

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

26  educational institution in cooperation with the employer

27  provides training needed for the participant to perform the

28  skills required for the position. The employer or the

29  educational institution on behalf of the employer receives a

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

31  participant. Upon satisfactory completion of the training, the

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  1  employer is expected to retain the participant as a regular

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

  3  training agreement may not be continued with any employer who

  4  exhibits a pattern of failing to provide participants with

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

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

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

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

  9  department and the Department of Labor and Employment

10  Security.

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

12  Department of Labor and Employment Security may provide

13  additional incentive payments to encourage employers to employ

14  program participants. Incentive payments may include payments

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

16  which case the amount of the payment shall be weighted

17  proportionally to the extent to which the participant has

18  limitations associated with the long-term receipt of welfare

19  and difficulty in sustaining employment. In establishing

20  incentive payments, the department and the Department of Labor

21  and Employment Security shall consider the extent of prior

22  receipt of welfare, lack of employment experience, lack of

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

24  A participant who has complied with program requirements and

25  who is approaching the time limit for receiving temporary cash

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

27  payments may include payments in which an initial payment is

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

29  the majority of the incentive payment is made after the

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

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

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  1  continued with any employer who exhibits a pattern of failing

  2  to provide participants with continued employment after the

  3  incentive payments cease must provide that if the employee is

  4  dismissed at any time within 12 months after termination of

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

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

  7  previously paid as an incentive to the employer under the

  8  WAGES Program.

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

10  participant may qualify for enterprise zone property tax

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

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

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

14  Labor and Employment Security shall provide information and

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

16  program goals.

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

18  WAGES participant who has less than 6 months of eligibility

19  for temporary cash assistance remaining and who pays the

20  participant a wage that precludes the participant's

21  eligibility for temporary cash assistance may receive $240 for

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

23  3 months. An employer who receives a WAGES training bonus for

24  an employee may not receive a work supplementation subsidy for

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

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

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

28  situations listed in this subsection shall constitute

29  exceptions to the penalties for noncompliance with

30  participation requirements, except that these situations do

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  1  not constitute exceptions to the applicable time limit for

  2  receipt of temporary cash assistance:

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

  4  cash assistance may not be terminated for refusal to

  5  participate in work activities if the individual is a single

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

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

  8  Department of Labor and Employment Security an inability to

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

10  reasons:

11         1.  Unavailability of appropriate child care within a

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

13         2.  Unavailability or unsuitability of informal child

14  care by a relative or under other arrangements.

15         3.  Unavailability of appropriate and affordable formal

16  child care arrangements.

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

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

19  work requirements because such compliance would make it

20  probable that the individual would be unable to escape

21  domestic violence shall be exempt from work requirements

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

23  comply with a plan that specifies alternative requirements

24  that prepare the individual for self-sufficiency while

25  providing for the safety of the individual and the

26  individual's dependents. An exception granted under this

27  paragraph does not constitute an exception to the time

28  limitations on benefits specified under s. 414.105.

29         (c)  Noncompliance related to treatment or remediation

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

31  determined to be unable to comply with the work requirements

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  1  under this section due to mental or physical impairment

  2  related to past incidents of domestic violence may be exempt

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

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

  5  plan that specifies alternative requirements that prepare the

  6  individual for self-sufficiency while providing for the safety

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

  8  must include counseling or a course of treatment necessary for

  9  the individual to resume participation. The need for treatment

10  and the expected duration of such treatment must be verified

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

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

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

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

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

16  415.605(1)(g), is authorized to maintain confidentiality under

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

18  certified domestic violence center. An exception granted under

19  this paragraph does not constitute an exception from the time

20  limitations on benefits specified under s. 414.105.

21         (d)(b)  Noncompliance related to medical

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

23  work activities due to a medical incapacity, the individual

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

25  except that the individual shall be required to comply with

26  the course of treatment necessary for the individual to resume

27  participation. A participant may not be excused from work

28  activity requirements unless the participant's medical

29  incapacity is verified by a physician licensed under chapter

30  458 or chapter 459, in accordance with procedures established

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

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

  2  noncompliance.--Individuals who are temporarily unable to

  3  participate due to circumstances beyond their control may be

  4  excepted from the noncompliance penalties. The Department of

  5  Labor and Employment Security may define by rule situations

  6  that would constitute good cause. These situations must

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

  8  the care has been verified and alternate care is not

  9  available.

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

11  establishing and contracting for work-experience and community

12  service activities, other work-experience activities,

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

14  supplementation under the WAGES Program, an employed worker

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

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

17  a position if the employer has created the vacancy or

18  terminated an existing employee without good cause in order to

19  fill that position with a WAGES Program participant.

20         Section 4.  For the purpose of incorporating the

21  amendment to section 414.065, Florida Statutes, in a reference

22  thereto, section 414.20, Florida Statutes, is reenacted to

23  read:

24         414.20  Other support services.--Support services shall

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

26  complying with work activity requirements outlined in s.

27  414.065. If resources do not permit the provision of needed

28  support services, the department and the Department of Labor

29  and Employment Security may prioritize or otherwise limit

30  provision of support services. This section does not

31  constitute an entitlement to support services. Lack of

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

  2  determining whether good cause exists for failing to comply

  3  with work activity requirements but does not automatically

  4  constitute good cause for failing to comply with work activity

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

  6  the receipt of temporary cash assistance or the provision of

  7  services under this chapter. Support services shall include,

  8  but need not be limited to:

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

10  provided to any participant when the assistance is needed to

11  comply with work activity requirements or employment

12  requirements, including transportation to and from a child

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

14  advance or through reimbursement paid against receipts or

15  invoices. Support services funds may also be used to develop

16  transportation resources to expand transportation options

17  available to participants. These services may include

18  cooperative arrangements with local transit authorities or

19  school districts and small enterprise development.

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

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

22  with work activity requirements or employment requirements may

23  be provided.

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

25  eligibility requirements for Medicaid shall receive medical

26  services under the Medicaid program.

27         (4)  PERSONAL AND FAMILY COUNSELING AND

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

29  a personal or family problem or problems caused by substance

30  abuse that is a barrier to compliance with work activity

31  requirements or employment requirements. In providing these

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  1  services, the department and the Department of Labor and

  2  Employment Security shall use services that are available in

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

  4  available, the department and the Department of Labor and

  5  Employment Security may use support services funds. Personal

  6  or family counseling not available through Medicaid may not be

  7  considered a medical service for purposes of the required

  8  statewide implementation plan or use of federal funds.

  9         Section 5.  Section 414.105, Florida Statutes, is

10  amended to read:

11         414.105  Time limitations of temporary cash

12  assistance.--Unless otherwise expressly provided in this

13  chapter, an applicant or current participant shall receive

14  temporary cash assistance for episodes of not more than 24

15  cumulative months in any consecutive 60-month period that

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

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

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

19  assistance may not exceed 36 cumulative months in any

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

21  of participation and may not exceed a lifetime cumulative

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

23  for cases in which the participant:

24         (a)  Has received aid to families with dependent

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

26  preceding 60 months; or

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

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

29  equivalent; or

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

31  year.

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

  2  requirements may earn 1 month of eligibility for extended

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

  4  months, for each month in which the participant is fully

  5  complying with all the requirements of the WAGES Program and

  6  is employed parttime or fulltime. The period for which

  7  extended temporary cash assistance is granted shall be based

  8  upon compliance with WAGES Program requirements beginning

  9  October 1, 1997. A participant may not receive temporary cash

10  assistance under this subsection, in combination with other

11  periods of temporary cash assistance, for longer than 48

12  months.

13         (3)(2)  Hardship exemptions to the time limitations of

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

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

16  of participants in the second year of implementation of this

17  chapter, and 20 percent of participants in all subsequent

18  years. Criteria for hardship exemptions include:

19         (a)  Diligent participation in activities, combined

20  with inability to obtain employment.

21         (b)  Diligent participation in activities, combined

22  with extraordinary barriers to employment, including the

23  conditions which may result in an exemption to work

24  requirements.

25         (c)  Significant barriers to employment, combined with

26  a need for additional time.

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

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

29  eligibility beyond receipt of the high school diploma or

30  equivalent.

31

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

  2  a participating family that has reached the end of the

  3  eligibility period for temporary cash assistance. The

  4  recommendation must be the result of a review which determines

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

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

  7  emergency shelter or foster care. Temporary cash assistance

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

  9  Children and Families Family Services Program Office of the

10  department shall conduct all assessments in each case in which

11  it appears a child may require continuation of temporary cash

12  assistance through a protective payee.

13

14  At the recommendation of the local WAGES coalition, temporary

15  cash assistance under a hardship exemption for a participant

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

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

18  participant, full benefits shall be restored.

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

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

21  exemption if the effects of such domestic violence delay or

22  otherwise interrupt or adversely affect the individual's

23  participation in the program.  Hardship exemptions granted

24  under this subsection shall not be subject to the percentage

25  limitations in subsection (3).

26         (5)(3)  The department shall establish a procedure for

27  reviewing and approving hardship exemptions, and the local

28  WAGES coalitions may assist in making these determinations.

29  The composition of any review panel must generally reflect the

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

31  whole. Members of a review panel shall serve without

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  1  compensation, but are entitled to receive reimbursement for

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

  3         (6)(4)  The cumulative total of all hardship exemptions

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

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

  6  combination with other periods of temporary cash assistance as

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

  8  assistance. If an individual fails to comply with program

  9  requirements during a hardship exemption period, the hardship

10  exemption shall be removed.

11         (7)(5)  For individuals who have moved from another

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

13  months, the time limitation for temporary cash assistance

14  shall be the shorter of the respective time limitations used

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

16  assistance was received under a block grant program that

17  provided temporary assistance for needy families in any state

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

19  temporary cash assistance.

20         (8)(6)  For individuals subject to a time limitation

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

22  shall continue to apply. Months in which temporary cash

23  assistance was received through the family transition program

24  shall count towards the time limitations under this chapter.

25         (9)(7)  Except when temporary cash assistance was

26  received through the family transition program, the

27  calculation of the time limitation for temporary cash

28  assistance shall begin with the first month of receipt of

29  temporary cash assistance after the effective date of this

30  act.

31

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  1         (10)(8)  Child-only cases are not subject to time

  2  limitations, and temporary cash assistance received while an

  3  individual is a minor child shall not count towards time

  4  limitations.

  5         (11)(9)  An individual who receives benefits under the

  6  Supplemental Security Income program or the Social Security

  7  Disability Insurance program is not subject to time

  8  limitations.

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

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

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

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

13  department shall annually evaluate an individual's

14  qualifications for this exemption.

15         (13)(10)  A member of the WAGES Program staff shall

16  interview and assess the employment prospects and barriers of

17  each participant who is within 6 months of reaching the

18  24-month time limit.  The staff member shall assist the

19  participant in identifying actions necessary to become

20  employed prior to reaching the benefit time limit for

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

22  participant for services that could facilitate employment.

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

24  (8), (9), and (10) of section 414.0252, Florida Statutes, are

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

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

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

28         414.0252  Definitions.--As used in ss. 414.015-414.45,

29  the term:

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

31  assault, battery, aggravated battery, sexual assault, sexual

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  1  battery, stalking, aggravated stalking, kidnapping, false

  2  imprisonment, or any criminal offense that results in the

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

  4  another.

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

  6  spouses, noncohabitating partners, persons related by blood or

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

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

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

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

11  time.

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

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

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

15  to read:

16         414.095  Determining eligibility for the WAGES

17  Program.--

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

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

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

21  207 and 208 of the Immigration and Nationality Act, an alien

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

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

24  admitted as a permanent resident and meets specific criteria

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

26  includes an individual who has been battered or subject to

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

28  and has applied for or received protection under the federal

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

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

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

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  1  business visitor, foreign student, exchange visitor, temporary

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

  3  includes an individual paroled into the United States for less

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

  5  may receive temporary cash assistance to the extent permitted

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

  7  sponsor's spouse shall be included in determining eligibility

  8  to the maximum extent permitted by federal law.

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

10  ineligible alien is eligible for temporary cash assistance

11  under this chapter if the family meets all eligibility

12  requirements.

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

14  the parent must participate in the work activity requirements

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

16  law.

17         (c)  The department shall participate in the Systematic

18  Alien Verification for Entitlements Program (SAVE) established

19  by the United States Immigration and Naturalization Service in

20  order to verify the validity of documents provided by aliens

21  and to verify an alien's eligibility.

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

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

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

25  to participate in the program.

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

27  disqualified individual who is a mandatory member of a family

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

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

30  applicant or participant in the WAGES Program has the

31  following opportunities and obligations:

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  1         (g)  To receive information regarding services

  2  available from certified domestic violence centers or

  3  organizations that provide counseling and supportive services

  4  to individuals who are past or present victims of domestic

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

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

  7  which protects the individual's confidentiality.

  8         (15)  PROHIBITIONS AND RESTRICTIONS.--

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

10  parent or caretaker relative without good cause does not

11  cooperate with the state agency responsible for administering

12  the child support enforcement program in establishing,

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

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

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

16  temporary cash assistance to the entire family shall be denied

17  until the state agency indicates that cooperation by the

18  parent or caretaker relative has been satisfactory.  To the

19  extent permissible under federal law, a parent or caretaker

20  relative shall not be penalized for failure to cooperate with

21  paternity establishment or with the establishment,

22  modification, or enforcement of a support order when such

23  cooperation could subject an individual to a risk of domestic

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

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

26  amended, or other federal law.

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

28  Statutes, is amended to read:

29         414.115  Limited temporary cash assistance for children

30  born to families receiving temporary cash assistance.--

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

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

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

  3  incest within 30 days after the incident;

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

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

  6  exemption from participating in requirements for the

  7  enforcement of child support due to circumstances consistent

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

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

10  claimed under this paragraph and for whom an application has

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

12  s. 414.095 shall receive temporary benefits until a

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

14  exemption from the requirements of s. 414.095;

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

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

17  in a temporary cash assistance group who as minors become

18  first-time parents;

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

20  legally transferred; or

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

22  his or her parents as a result of:

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

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

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

26  unable to care for the child;

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

28  another individual;

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

30  except that the child shall not receive temporary cash

31

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  1  assistance if a parent is subsequently released and reunited

  2  with the child; or

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

  4  parents' institutionalization is expected to be for an

  5  extended period, as defined by the department.

  6         Section 9.  This act shall take effect upon becoming a

  7  law.

  8

  9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                          CS for SB 2524

11

12  Allows local WAGES coalitions to provide services through
    One-Stop Career Centers, and empowers the State WAGES Board to
13  direct the Department of Labor to provide services to WAGES
    participants if a local WAGES coalition is unable to provide
14  services due to decertification.  The committee substitute
    also provides that all education and training shall be
15  provided through agreements with regional workforce
    development boards.
16
    For the purpose of authorizing "WAGES training bonus," it
17  defines employment as thirty-five (35) hours per week at a
    wage of no less than six dollars per hour.
18
    Repeals section 561.501, F.S., relating to the surcharge on
19  the sale of alcoholic beverages.

20  Provides that each local WAGES coalition shall plan for the
    provision of services for victims of domestic violence, and
21  specifies the provisions which must be included in the plan.
    In addition, the committee substitute creates a new exemption
22  from non-compliance with the WAGES program for participants
    who are also victims of domestic violence.
23
    Exempts persons who are totally responsible for the personal
24  care of a disabled family member from the provisions of the
    WAGES time limits, and provides for annual re-evaluation of
25  eligibility criteria.

26  Extends WAGES eligibility criteria for "qualified non-citizen"
    status to include individuals who have been battered or
27  subject to extreme cruelty in the U.S. and has applied for and
    received protection under the federal Violence Against Women
28  Act of 1994.

29  Allows temporary cash assistance for children of a WAGES
    participant who has been exempted from the Child Support
30  Enforcement program as a result of rape, incest, or sexual
    exploitation.
31

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