Senate Bill 2524e1
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 A bill to be entitled
2 An act relating to the WAGES Program; amending
3 s. 414.026, F.S.; requiring that the WAGES
4 Program State Board of Directors approve any
5 WAGES-related proposed administrative rules;
6 requiring collaboration with the WAGES State
7 Board concerning other actions by the Workforce
8 Development Board of Enterprise Florida, Inc.,
9 and state agencies; extending the existence of
10 the WAGES Program State Board of Directors;
11 allowing the Governor to designate the WAGES
12 Program State Board of Directors as a nonprofit
13 corporation; providing requirements; amending
14 s. 414.028, F.S.; revising requirements for a
15 member of a local WAGES coalition in the case
16 of a conflict of interest; providing
17 requirements for disclosing any such conflict;
18 providing for certain nonvoting members to be
19 appointed to a local coalition; requiring a
20 local coalition to deliver certain services
21 under the WAGES Program; providing for staff
22 support for local coalitions; requiring that
23 the program and financial plan developed by a
24 local WAGES coalition include provisions for
25 providing services for victims of domestic
26 violence and describing development of the
27 plan; amending s. 414.065, F.S.; deleting
28 provisions that require an employer to repay
29 certain supplements or incentives under
30 specified circumstances; creating a WAGES
31 training bonus to be paid to an employer who
1
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
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; amending s. 234.01, F.S.;
21 authorizing school districts to provide
22 transportation for WAGES participants; amending
23 s. 234.211, F.S.; providing for reimbursement
24 of school districts; amending s. 341.041, F.S.;
25 establishing responsibilities of the Department
26 of Transportation with respect to transit
27 services for WAGES participants; amending s.
28 341.052, F.S.; relating to duties of public
29 transit block grant recipients to coordinate
30 with local WAGES coalitions regarding
31 transportation services; deleting duplicative
2
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 provisions; amending s. 414.026, F.S.; revising
2 membership of the WAGES Program State Board of
3 Directors; amending s. 414.20, F.S.; clarifying
4 transportation options available to local WAGES
5 coalitions to assist WAGES participants;
6 creating s. 414.225, F.S.; providing for the
7 provision of transitional transportation for
8 former WAGES participants; amending s. 427.013,
9 F.S.; providing for the duties of the
10 Commission for the Transportation Disadvantaged
11 regarding WAGES transportation; amending s.
12 427.0155, F.S.; providing for the duties of
13 community transportation coordinators regarding
14 WAGES transportation; amending s. 427.0157,
15 F.S.; providing for the duties of the local
16 coordinating boards regarding WAGES
17 transportation; creating s. 414.80, F.S.;
18 designating specified sections as the "WAGES
19 Emergency Response Act"; creating s. 414.810,
20 F.S.; providing legislative findings and
21 intent; creating s. 414.811, F.S.; providing
22 for policy and purposes relating to the WAGES
23 Emergency Response Program; creating s.
24 414.812, F.S.; limiting authority of the State
25 WAGES Emergency Response Team; creating s.
26 414.813, F.S.; providing for liberal
27 construction; creating s. 414.820, F.S.;
28 designating areas of critical state economic
29 concern; creating s. 414.830, F.S.; providing
30 for WAGES Emergency Response Team Coordinators;
31 providing team authorities; providing for
3
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 gubernatorial authorities; creating s. 414.840,
2 F.S.; creating Regional WAGES Emergency
3 Response Teams; providing for responsibilities;
4 creating s. 414.845, F.S.; creating local
5 project teams; providing for powers and
6 responsibilities for such teams; creating s.
7 414.850, F.S.; providing for expiration and
8 review of the WAGES Emergency Response Program;
9 creating s. 414.860, F.S.; providing for a
10 legislative oversight committee; requiring a
11 contract related to job creation and training
12 activities; amending s. 212.08, F.S.; exempting
13 certain property based in enterprise zones from
14 the sales tax under certain circumstances;
15 amending s. 212.096, F.S.; expanding enterprise
16 zone sales tax credit to JTPA or WAGES Program
17 participants not residing in an enterprise
18 zone; requiring documentation; amending s.
19 220.03, F.S.; expanding enterprise zone
20 corporate tax credit to JTPA or WAGES Program
21 participants not residing in an enterprise
22 zone; amending s. 220.181, F.S.; requiring
23 documentation; amending s. 288.047, F.S.;
24 creating a Quick-response Training Program for
25 WAGES participants; providing requirements;
26 amending s. 370.28, F.S.; providing that a
27 business located in an enterprise zone in a
28 community impacted by net limitations is
29 eligible for the maximum sales tax exemption
30 for building materials used in the
31 rehabilitation of real property in an
4
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 enterprise zone, for business property used in
2 an enterprise zone, and for electrical energy
3 used in an enterprise zone, and the maximum
4 enterprise zone property tax credit against the
5 corporate income tax, if a specified percentage
6 of its employees are residents of the
7 jurisdiction of the county, rather than of the
8 enterprise zone; requiring businesses eligible
9 to receive certain tax credits to apply for
10 such credits by a time certain; providing an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Present subsection (4) of section 414.026,
16 Florida Statutes, is redesignated as subsection (6) and
17 amended, and new subsections (4) and (5) are added to that
18 section, to read:
19 414.026 WAGES Program State Board of Directors.--
20 (4) The WAGES Program State Board of Directors must
21 approve the WAGES State Plan, the operating budget and any
22 amendments thereto, and any WAGES-related proposed
23 administrative rules. In addition, state agencies charged by
24 law with implementation of the WAGES Program and the Workforce
25 Development Board of Enterprise Florida, Inc., shall
26 collaborate with the staff of the WAGES Program State Board of
27 Directors on all WAGES-related policies, requests for
28 proposals, and related directives.
29 (5)(a) The Governor, by executive order, may designate
30 the WAGES Program State Board of Directors as a nonprofit
31 corporation for the purpose of receiving federal funds and
5
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 providing oversight and maintenance to the WAGES Program and
2 in administering the State Plans for Aid and Services to Needy
3 Families with Children under 42 U.S.C. s. 602, as amended. The
4 nonprofit corporation shall be known as WAGES, Inc., and may,
5 by executive order, be designated as the state agency required
6 by 42 U.S.C. s. 602(a)(3).
7 (b) The executive order designating the nonprofit
8 corporation must include provisions for the governance and
9 organizational structure of the corporation which are
10 consistent with 42 U.S.C. s. 602(a)(5).
11 (c) The nonprofit corporation shall be organized under
12 chapter 617 and shall possess all the powers granted by that
13 chapter.
14 (d) The designated nonprofit corporation is eligible
15 to use the state communications system in accordance with s.
16 282.105(3).
17 (e) Pursuant to the applicable provisions of chapter
18 284, the Division of Risk Management of the Department of
19 Insurance may insure the nonprofit corporation under the same
20 general terms and conditions as other nonprofit, statutory
21 corporations.
22 (f) All departments, officers, agencies, coalitions,
23 and institutions of the state shall cooperate with the
24 designated nonprofit corporation in the performance of its
25 duties.
26 (g) The designated nonprofit corporation shall make
27 provisions for an annual postaudit of its financial accounts
28 by an independent certified public accountant. The annual
29 audit shall be submitted to the Executive Office of the
30 Governor for review.
31
6
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 (h) WAGES, Inc., shall make all arrangements and
2 fulfill all legal conditions to become a nonprofit
3 corporation.
4 (i) The nonprofit corporation shall make available to
5 the public, upon request, copies of 42 U.S.C. s. 602, as
6 amended; applicable state laws; and any executive orders
7 establishing WAGES, Inc.
8 (j) The nonprofit corporation is subject to the
9 provisions of chapter 119, relating to public records, and
10 those provisions of chapter 286 relating to public meetings
11 and records.
12 (k) The nonprofit corporation is authorized to hire an
13 executive director and appropriate staff. The nonprofit
14 corporation shall annually, by February 1, provide the
15 Legislature with a list of staff and salaries.
16 (6)(4) This section expires June 30, 2002 1999, and
17 shall be reviewed by the Legislature prior to that date. In
18 its review, the Legislature shall assess the status of the
19 WAGES Program and shall determine if the responsibility for
20 administering the program should be transferred to other state
21 agencies.
22 Section 2. Section 414.028, Florida Statutes, is
23 amended to read:
24 414.028 Local WAGES coalitions.--The WAGES Program
25 State Board of Directors shall create and charter local WAGES
26 coalitions to plan and coordinate the delivery of services
27 under the WAGES Program at the local level. The boundaries of
28 the service area for a local WAGES coalition shall conform to
29 the boundaries of the service area for the regional workforce
30 development board established under the Enterprise Florida
31 workforce development board. The local delivery of services
7
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 under the WAGES Program shall be coordinated, to the maximum
2 extent possible, with the local services and activities of the
3 local service providers designated by the regional workforce
4 development boards.
5 (1)(a) Each local WAGES coalition must have a minimum
6 of 11 members, of which at least one-half must be from the
7 business community. The composition of the coalition
8 membership must generally reflect the racial, gender, and
9 ethnic diversity of the community as a whole. All members
10 shall be appointed to 3-year terms. The membership of each
11 coalition must include:
12 1. Representatives of the principal entities that
13 provide funding for the employment, education, training, and
14 social service programs that are operated in the service area,
15 including, but not limited to, representatives of local
16 government, the regional workforce development board, and the
17 United Way.
18 2. A representative of the health and human services
19 board.
20 3. A representative of a community development board.
21 4. Three representatives of the business community who
22 represent a diversity of sizes of businesses.
23 5. Representatives of other local planning,
24 coordinating, or service-delivery entities.
25 6. A representative of a grassroots community or
26 economic development organization that serves the poor of the
27 community.
28 (b) A person may be a member of a local WAGES
29 coalition or a combined WAGES coalition as provided in
30 subsection (2) regardless of whether the member, or an
31 organization represented by a member, could benefit
8
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 financially from transactions of the coalition. However, if
2 the coalition enters into a contract with an organization or
3 individual represented on the coalition, the contract must be
4 approved by a two-thirds vote of the entire board, and the
5 board member who could benefit financially from the
6 transaction must abstain from voting. A board member must
7 disclose any such conflict in a manner that is approved by the
8 WAGES Program State Board of Directors and is consistent with
9 the procedures outlined in s. 112.3143. A representative of an
10 agency or entity that could benefit financially from funds
11 appropriated under the WAGES Program may not be a member of a
12 local WAGES coalition.
13 (c) A member of the board of a public or private
14 educational institution may not serve as a member of a local
15 WAGES coalition.
16 (d) A representative of any county or municipal
17 governing body that elects to provide services through the
18 local WAGES coalition shall be an ex officio, nonvoting member
19 of the coalition.
20 (e) A representative of a county health department or
21 a representative of a healthy start coalition shall serve as
22 an ex officio, nonvoting member of the coalition.
23 (f) This subsection does not prevent a local WAGES
24 coalition from extending regular, voting membership to not
25 more than one representative of a county health department and
26 not more than one representative of a healthy start coalition.
27 (2) A local WAGES coalition and a regional workforce
28 development board may be combined into one board if the
29 membership complies with subsection (1), and if the membership
30 of the combined board meets the requirements of Pub. L. No.
31 97-300, the federal Job Training Partnership Act, as amended,
9
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 and with any law delineating the membership requirements for
2 the regional workforce development boards. Notwithstanding
3 paragraph (1)(b), in a region in which the duties of the two
4 boards are combined, a person may be a member of the WAGES
5 coalition even if the member, or the member's principal, could
6 benefit financially from transactions of the coalition.
7 However, members must recuse themselves from voting on all
8 matters from which they or their principals could benefit
9 financially. Failure to recuse on any such vote will
10 constitute grounds for immediate removal from the local WAGES
11 coalition.
12 (3) The statewide implementation plan prepared by the
13 WAGES Program State Board of Directors shall prescribe and
14 publish the process for chartering the local WAGES coalitions.
15 (4) Each local WAGES coalition shall perform the
16 planning, coordination, and oversight functions specified in
17 the statewide implementation plan, including, but not limited
18 to:
19 (a) Developing a program and financial plan to achieve
20 the performance outcomes specified by the WAGES Program State
21 Board of Directors for current and potential program
22 participants in the service area. The plan must reflect the
23 needs of service areas for seed money to create programs that
24 assist children of WAGES participants. The plan must also
25 include provisions for providing services for victims of
26 domestic violence.
27 (b) Developing a funding strategy to implement the
28 program and financial plan which incorporates resources from
29 all principal funding sources.
30
31
10
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 (c) Identifying employment, service, and support
2 resources in the community which may be used to fulfill the
3 performance outcomes of the WAGES Program.
4 (d) In cooperation with the regional workforce
5 development board, coordinating the implementation of one-stop
6 career centers.
7 (e) Advising the Department of Children and Family
8 Services and the Department of Labor and Employment Security
9 with respect to the competitive procurement of services under
10 the WAGES Program.
11 (f) Selecting an entity to administer the program and
12 financial plan, such as a unit of a political subdivision
13 within the service area, a not-for-profit private organization
14 or corporation, or any other entity agreed upon by the local
15 WAGES coalition.
16 (g) Developing a plan for services for victims of
17 domestic violence.
18 1. The WAGES Program State Board of Directors shall
19 specify requirements for the local plan, including:
20 a. Criteria for determining eligibility for exceptions
21 to state work requirements;
22 b. The programs and services to be offered to victims
23 of domestic violence;
24 c. Time limits for exceptions to program requirements,
25 which may not result in an adult participant exceeding the
26 federal time limit for exceptions or the state lifetime
27 benefit limit that the participant would otherwise be entitled
28 to receive; and
29 d. An annual report on domestic violence, including
30 the progress made in reducing domestic violence as a barrier
31 to self-sufficiency among WAGES participants, local policies
11
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 and procedures for granting exceptions and exemptions from
2 program requirements due to domestic violence, and the number
3 and percentage of cases in which such exceptions and
4 exemptions are granted.
5 2. Each local WAGES coalition plan must specify
6 provisions for coordinating and, where appropriate, delivering
7 services, including:
8 a. Provisions for the local coalition to coordinate
9 with law enforcement agencies and social service agencies and
10 organizations that provide services and protection to victims
11 of domestic violence;
12 b. Provisions for allowing participants access to
13 domestic violence support services and ensuring that WAGES
14 participants are aware of domestic violence shelters,
15 hotlines, and other domestic violence services and policies;
16 c. Designation of the agency that is responsible for
17 determining eligibility for exceptions from program
18 requirements due to domestic violence;
19 d. Provisions that require each individual who is
20 granted an exemption from program requirements due to domestic
21 violence to participate in a program that prepares the
22 individual for self-sufficiency and safety; and
23 e. Where possible and necessary, provisions for job
24 assignments and transportation arrangements that take maximum
25 advantage of opportunities to preserve the safety of the
26 victim of domestic violence and the victim's dependents.
27 (5) By October 1, 1998, local WAGES coalitions shall
28 deliver through one-stop career centers, the full continuum of
29 services provided under the WAGES Program, including services
30 that are provided at the point of application. The State WAGES
31 Board may direct the Department of Labor and Employment
12
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 Security to provide such services to WAGES participants if a
2 local WAGES coalition is unable to provide services due to
3 decertification. Local WAGES coalitions may not determine an
4 individual's eligibility for temporary cash assistance and all
5 education and training shall be provided through agreements
6 with regional workforce development boards. The local WAGES
7 coalitions shall develop a transition plan to be approved by
8 the WAGES Program State Board of Directors. Should career
9 service employees of the Department of Labor and Employment
10 Security be subject to layoff due to the local WAGES
11 coalitions taking over the delivery of such services, such
12 employees shall be given priority consideration for employment
13 by the local WAGES coalitions.
14 (6)(5) The WAGES Program State Board of Directors may
15 not approve the program and financial plan of a local
16 coalition unless the plan provides a teen pregnancy prevention
17 component that includes, but is not necessarily limited to, a
18 plan for implementing the Florida Education Now and Babies
19 Later (ENABL) program under s. 411.242 and the Teen Pregnancy
20 Prevention Community Initiative within each county segment of
21 the service area in which the teen childhood birth rate is
22 higher than the state average. Each local WAGES coalition is
23 authorized to fund community-based welfare prevention and
24 reduction initiatives that increase the support provided by
25 noncustodial parents to their welfare-dependent children and
26 are consistent with program and financial guidelines developed
27 by the WAGES Program State Board of Directors and the
28 Commission on Responsible Fatherhood. These initiatives may
29 include, but are not limited to, improved paternity
30 establishment, work activities for noncustodial parents, and
31 programs aimed at decreasing out-of-wedlock pregnancies,
13
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 encouraging the involvement of fathers with their children,
2 and increasing child-support payments.
3 (7)(6) At the option of the local WAGES coalition,
4 local employees of the department and the Department of Labor
5 and Employment Security shall provide staff support for the
6 local WAGES coalitions. At the option of the local WAGES
7 coalition, Staff support may be provided by another agency, or
8 entity, or by contract if it can be provided at no cost to the
9 state and if the support is not provided by an agency or other
10 entity that could benefit financially from funds appropriated
11 to implement the WAGES Program.
12 (8)(7) There shall be no liability on the part of, and
13 no cause of action of any nature shall arise against, any
14 member of a local WAGES coalition or its employees or agents
15 for any lawful action taken by them in the performance of
16 their powers and duties under this section and s. 414.029.
17 Section 3. Paragraph (b) of subsection (1) and
18 subsection (7) of section 414.065, Florida Statutes, are
19 amended and subsection (12) is added to that section to read:
20 414.065 Work requirements.--
21 (1) WORK ACTIVITIES.--The following activities may be
22 used individually or in combination to satisfy the work
23 requirements for a participant in the WAGES Program:
24 (b) Subsidized private sector employment.--Subsidized
25 private sector employment is employment in a private
26 for-profit enterprise or a private not-for-profit enterprise
27 which is directly supplemented by federal or state funds. A
28 subsidy may be provided in one or more of the forms listed in
29 this paragraph.
30 1. Work supplementation.--A work supplementation
31 subsidy diverts a participant's temporary cash assistance
14
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 under the program to the employer. The employer must pay the
2 participant wages that equal or exceed the applicable federal
3 minimum wage. Work supplementation may not exceed 6 months. At
4 the end of the supplementation period, the employer is
5 expected to retain the participant as a regular employee
6 without receiving a subsidy for at least 12 months. A The work
7 supplementation agreement may not be continued with any
8 employer who exhibits a pattern of failing to provide
9 participants with continued employment after the period of
10 work supplementation ends must provide that if the employee is
11 dismissed at any time within 12 months after termination of
12 the supplementation period due in any part to loss of the
13 supplement, the employer shall repay some or all of the
14 supplement previously paid as a subsidy to the employer under
15 the WAGES Program.
16 2. On-the-job training.--On-the-job training is
17 full-time, paid employment in which the employer or an
18 educational institution in cooperation with the employer
19 provides training needed for the participant to perform the
20 skills required for the position. The employer or the
21 educational institution on behalf of the employer receives a
22 subsidy to offset the cost of the training provided to the
23 participant. Upon satisfactory completion of the training, the
24 employer is expected to retain the participant as a regular
25 employee without receiving a subsidy. An The on-the-job
26 training agreement may not be continued with any employer who
27 exhibits a pattern of failing to provide participants with
28 continued employment after the on-the-job training subsidy
29 ends must provide that in the case of dismissal of a
30 participant due to loss of the subsidy, the employer shall
31 repay some or all of the subsidy previously provided by the
15
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 department and the Department of Labor and Employment
2 Security.
3 3. Incentive payments.--The department and the
4 Department of Labor and Employment Security may provide
5 additional incentive payments to encourage employers to employ
6 program participants. Incentive payments may include payments
7 to encourage the employment of hard-to-place participants, in
8 which case the amount of the payment shall be weighted
9 proportionally to the extent to which the participant has
10 limitations associated with the long-term receipt of welfare
11 and difficulty in sustaining employment. In establishing
12 incentive payments, the department and the Department of Labor
13 and Employment Security shall consider the extent of prior
14 receipt of welfare, lack of employment experience, lack of
15 education, lack of job skills, and other appropriate factors.
16 A participant who has complied with program requirements and
17 who is approaching the time limit for receiving temporary cash
18 assistance may be defined as "hard-to-place." Incentive
19 payments may include payments in which an initial payment is
20 made to the employer upon the employment of a participant, and
21 the majority of the incentive payment is made after the
22 employer retains the participant as a full-time employee for
23 at least 12 months. An The incentive agreement may not be
24 continued with any employer who exhibits a pattern of failing
25 to provide participants with continued employment after the
26 incentive payments cease must provide that if the employee is
27 dismissed at any time within 12 months after termination of
28 the incentive payment period due in any part to loss of the
29 incentive, the employer shall repay some or all of the payment
30 previously paid as an incentive to the employer under the
31 WAGES Program.
16
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 4. Tax credits.--An employer who employs a program
2 participant may qualify for enterprise zone property tax
3 credits under s. 220.182, the tax refund program for qualified
4 target industry businesses under s. 288.106, or other federal
5 or state tax benefits. The department and the Department of
6 Labor and Employment Security shall provide information and
7 assistance, as appropriate, to use such credits to accomplish
8 program goals.
9 5. WAGES training bonus.--An employer who hires a
10 WAGES participant who has less than 6 months of eligibility
11 for temporary cash assistance remaining and who pays the
12 participant a wage that precludes the participant's
13 eligibility for temporary cash assistance may receive $240 for
14 each full month of employment for a period that may not exceed
15 3 months. An employer who receives a WAGES training bonus for
16 an employee may not receive a work supplementation subsidy for
17 the same employee. Employment is defined as 35 hours per week
18 at a wage of no less than $6 per hour.
19 (7) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--The
20 situations listed in this subsection shall constitute
21 exceptions to the penalties for noncompliance with
22 participation requirements, except that these situations do
23 not constitute exceptions to the applicable time limit for
24 receipt of temporary cash assistance:
25 (a) Noncompliance related to child care.--Temporary
26 cash assistance may not be terminated for refusal to
27 participate in work activities if the individual is a single
28 custodial parent caring for a child who has not attained 6
29 years of age, and the adult proves to the department or to the
30 Department of Labor and Employment Security an inability to
31
17
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 obtain needed child care for one or more of the following
2 reasons:
3 1. Unavailability of appropriate child care within a
4 reasonable distance from the individual's home or worksite.
5 2. Unavailability or unsuitability of informal child
6 care by a relative or under other arrangements.
7 3. Unavailability of appropriate and affordable formal
8 child care arrangements.
9 (b) Noncompliance related to domestic violence.--An
10 individual who is determined to be unable to comply with the
11 work requirements because such compliance would make it
12 probable that the individual would be unable to escape
13 domestic violence shall be exempt from work requirements
14 pursuant to s. 414.028(4)(g). However, the individual shall
15 comply with a plan that specifies alternative requirements
16 that prepare the individual for self-sufficiency while
17 providing for the safety of the individual and the
18 individual's dependents. An exception granted under this
19 paragraph does not constitute an exception to the time
20 limitations on benefits specified under s. 414.105.
21 (c) Noncompliance related to treatment or remediation
22 of past effects of domestic violence.--An individual who is
23 determined to be unable to comply with the work requirements
24 under this section due to mental or physical impairment
25 related to past incidents of domestic violence may be exempt
26 from work requirements for a specified period pursuant to s.
27 414.028(4)(g), except that such individual shall comply with a
28 plan that specifies alternative requirements that prepare the
29 individual for self-sufficiency while providing for the safety
30 of the individual and the individual's dependents. The plan
31 must include counseling or a course of treatment necessary for
18
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 the individual to resume participation. The need for treatment
2 and the expected duration of such treatment must be verified
3 by a physician licensed under chapter 458 or chapter 459; a
4 psychologist licensed under s. 490.005(1), s. 490.006, or the
5 provision identified as s. 490.013(2) in s. 1, chapter 81-235,
6 Laws of Florida; a therapist as defined in s. 491.003(2) or
7 (6); or a treatment professional who is registered under s.
8 415.605(1)(g), is authorized to maintain confidentiality under
9 s. 90.5036(1)(d), and has a minimum of 2 years experience at a
10 certified domestic violence center. An exception granted under
11 this paragraph does not constitute an exception from the time
12 limitations on benefits specified under s. 414.105.
13 (d)(b) Noncompliance related to medical
14 incapacity.--If an individual cannot participate in assigned
15 work activities due to a medical incapacity, the individual
16 may be excepted from the activity for a specific period,
17 except that the individual shall be required to comply with
18 the course of treatment necessary for the individual to resume
19 participation. A participant may not be excused from work
20 activity requirements unless the participant's medical
21 incapacity is verified by a physician licensed under chapter
22 458 or chapter 459, in accordance with procedures established
23 by rule of the Department of Labor and Employment Security.
24 (e)(c) Other good cause exceptions for
25 noncompliance.--Individuals who are temporarily unable to
26 participate due to circumstances beyond their control may be
27 excepted from the noncompliance penalties. The Department of
28 Labor and Employment Security may define by rule situations
29 that would constitute good cause. These situations must
30 include caring for a disabled family member when the need for
31
19
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 the care has been verified and alternate care is not
2 available.
3 (12) PROTECTION FOR CURRENT EMPLOYEES.--In
4 establishing and contracting for work-experience and community
5 service activities, other work-experience activities,
6 on-the-job training, subsidized employment, and work
7 supplementation under the WAGES Program, an employed worker
8 may not be displaced, either completely or partially. A WAGES
9 participant may not be assigned to an activity or employed in
10 a position if the employer has created the vacancy or
11 terminated an existing employee without good cause in order to
12 fill that position with a WAGES Program participant.
13 Section 4. For the purpose of incorporating the
14 amendment to section 414.065, Florida Statutes, in a reference
15 thereto, section 414.20, Florida Statutes, is reenacted to
16 read:
17 414.20 Other support services.--Support services shall
18 be provided, if resources permit, to assist participants in
19 complying with work activity requirements outlined in s.
20 414.065. If resources do not permit the provision of needed
21 support services, the department and the Department of Labor
22 and Employment Security may prioritize or otherwise limit
23 provision of support services. This section does not
24 constitute an entitlement to support services. Lack of
25 provision of support services may be considered as a factor in
26 determining whether good cause exists for failing to comply
27 with work activity requirements but does not automatically
28 constitute good cause for failing to comply with work activity
29 requirements, and does not affect any applicable time limit on
30 the receipt of temporary cash assistance or the provision of
31
20
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 services under this chapter. Support services shall include,
2 but need not be limited to:
3 (1) TRANSPORTATION.--Transportation expenses may be
4 provided to any participant when the assistance is needed to
5 comply with work activity requirements or employment
6 requirements, including transportation to and from a child
7 care provider. Payment may be made in cash or tokens in
8 advance or through reimbursement paid against receipts or
9 invoices. Support services funds may also be used to develop
10 transportation resources to expand transportation options
11 available to participants. These services may include
12 cooperative arrangements with local transit authorities or
13 school districts and small enterprise development.
14 (2) ANCILLARY EXPENSES.--Ancillary expenses such as
15 books, tools, clothing, fees, and costs necessary to comply
16 with work activity requirements or employment requirements may
17 be provided.
18 (3) MEDICAL SERVICES.--A family that meets the
19 eligibility requirements for Medicaid shall receive medical
20 services under the Medicaid program.
21 (4) PERSONAL AND FAMILY COUNSELING AND
22 THERAPY.--Counseling may be provided to participants who have
23 a personal or family problem or problems caused by substance
24 abuse that is a barrier to compliance with work activity
25 requirements or employment requirements. In providing these
26 services, the department and the Department of Labor and
27 Employment Security shall use services that are available in
28 the community at no additional cost. If these services are not
29 available, the department and the Department of Labor and
30 Employment Security may use support services funds. Personal
31 or family counseling not available through Medicaid may not be
21
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 considered a medical service for purposes of the required
2 statewide implementation plan or use of federal funds.
3 Section 5. Section 414.105, Florida Statutes, is
4 amended to read:
5 414.105 Time limitations of temporary cash
6 assistance.--Unless otherwise expressly provided in this
7 chapter, an applicant or current participant shall receive
8 temporary cash assistance for episodes of not more than 24
9 cumulative months in any consecutive 60-month period that
10 begins with the first month of participation and for not more
11 than a lifetime cumulative total of 48 months as an adult.
12 (1) The time limitation for episodes of temporary cash
13 assistance may not exceed 36 cumulative months in any
14 consecutive 72-month period that begins with the first month
15 of participation and may not exceed a lifetime cumulative
16 total of 48 months of temporary cash assistance as an adult,
17 for cases in which the participant:
18 (a) Has received aid to families with dependent
19 children or temporary cash assistance for any 36 months of the
20 preceding 60 months; or
21 (b) Is a custodial parent under the age of 24 who:
22 1. Has not completed a high school education or its
23 equivalent; or
24 2. Had little or no work experience in the preceding
25 year.
26 (2) A participant who is not exempt from work activity
27 requirements may earn 1 month of eligibility for extended
28 temporary cash assistance, up to a maximum of 12 additional
29 months, for each month in which the participant is fully
30 complying with all the requirements of the WAGES Program. The
31 period for which extended temporary cash assistance is granted
22
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 shall be based upon compliance with WAGES Program requirements
2 beginning October 1, 1996. A participant may not receive
3 temporary cash assistance under this subsection, in
4 combination with other periods of temporary cash assistance,
5 for longer than 48 months.
6 (3)(2) Hardship exemptions to the time limitations of
7 this chapter shall be limited to 10 percent of participants in
8 the first year of implementation of this chapter, 15 percent
9 of participants in the second year of implementation of this
10 chapter, and 20 percent of participants in all subsequent
11 years. Criteria for hardship exemptions include:
12 (a) Diligent participation in activities, combined
13 with inability to obtain employment.
14 (b) Diligent participation in activities, combined
15 with extraordinary barriers to employment, including the
16 conditions which may result in an exemption to work
17 requirements.
18 (c) Significant barriers to employment, combined with
19 a need for additional time.
20 (d) Diligent participation in activities and a need by
21 teen parents for an exemption in order to have 24 months of
22 eligibility beyond receipt of the high school diploma or
23 equivalent.
24 (e) A recommendation of extension for a minor child of
25 a participating family that has reached the end of the
26 eligibility period for temporary cash assistance. The
27 recommendation must be the result of a review which determines
28 that the termination of the child's temporary cash assistance
29 would be likely to result in the child being placed into
30 emergency shelter or foster care. Temporary cash assistance
31 shall be provided through a protective payee. Staff of the
23
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 Children and Families Family Services Program Office of the
2 department shall conduct all assessments in each case in which
3 it appears a child may require continuation of temporary cash
4 assistance through a protective payee.
5
6 At the recommendation of the local WAGES coalition, temporary
7 cash assistance under a hardship exemption for a participant
8 who is eligible for work activities and who is not working
9 shall be reduced by 10 percent. Upon the employment of the
10 participant, full benefits shall be restored.
11 (4) In addition to the exemptions listed in subsection
12 (3), a victim of domestic violence may be granted a hardship
13 exemption if the effects of such domestic violence delay or
14 otherwise interrupt or adversely affect the individual's
15 participation in the program. Hardship exemptions granted
16 under this subsection shall not be subject to the percentage
17 limitations in subsection (3).
18 (5)(3) The department shall establish a procedure for
19 reviewing and approving hardship exemptions, and the local
20 WAGES coalitions may assist in making these determinations.
21 The composition of any review panel must generally reflect the
22 racial, gender, and ethnic diversity of the community as a
23 whole. Members of a review panel shall serve without
24 compensation, but are entitled to receive reimbursement for
25 per diem and travel expenses as provided in s. 112.016.
26 (6)(4) The cumulative total of all hardship exemptions
27 may not exceed 12 months, may include reduced benefits at the
28 option of the community review panel, and shall, in
29 combination with other periods of temporary cash assistance as
30 an adult, total no more than 48 months of temporary cash
31 assistance. If an individual fails to comply with program
24
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 requirements during a hardship exemption period, the hardship
2 exemption shall be removed.
3 (7)(5) For individuals who have moved from another
4 state and have legally resided in this state for less than 12
5 months, the time limitation for temporary cash assistance
6 shall be the shorter of the respective time limitations used
7 in the two states, and months in which temporary cash
8 assistance was received under a block grant program that
9 provided temporary assistance for needy families in any state
10 shall count towards the cumulative 48-month benefit limit for
11 temporary cash assistance.
12 (8)(6) For individuals subject to a time limitation
13 under the Family Transition Act of 1993, that time limitation
14 shall continue to apply. Months in which temporary cash
15 assistance was received through the family transition program
16 shall count towards the time limitations under this chapter.
17 (9)(7) Except when temporary cash assistance was
18 received through the family transition program, the
19 calculation of the time limitation for temporary cash
20 assistance shall begin with the first month of receipt of
21 temporary cash assistance after the effective date of this
22 act.
23 (10)(8) Child-only cases are not subject to time
24 limitations, and temporary cash assistance received while an
25 individual is a minor child shall not count towards time
26 limitations.
27 (11)(9) An individual who receives benefits under the
28 Supplemental Security Income program or the Social Security
29 Disability Insurance program is not subject to time
30 limitations.
31
25
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 (12) A person who is totally responsible for the
2 personal care of a disabled family member is not subject to
3 time limitations if the need for the care is verified and
4 alternative care is not available for the family member. The
5 department shall annually evaluate an individual's
6 qualifications for this exemption.
7 (13)(10) A member of the WAGES Program staff shall
8 interview and assess the employment prospects and barriers of
9 each participant who is within 6 months of reaching the
10 24-month time limit. The staff member shall assist the
11 participant in identifying actions necessary to become
12 employed prior to reaching the benefit time limit for
13 temporary cash assistance and, if appropriate, shall refer the
14 participant for services that could facilitate employment.
15 Section 6. Present subsections (4), (5), (6), (7),
16 (8), (9), and (10) of section 414.0252, Florida Statutes, are
17 renumbered as subsections (5), (7), (8), (9), (10), (11), and
18 (12) of that section, respectively, and new subsections (4)
19 and (6) are added to that section, to read:
20 414.0252 Definitions.--As used in ss. 414.015-414.45,
21 the term:
22 (4) "Domestic violence" means any assault, aggravated
23 assault, battery, aggravated battery, sexual assault, sexual
24 battery, stalking, aggravated stalking, kidnapping, false
25 imprisonment, or any criminal offense that results in the
26 physical injury or death of one family or household member by
27 another.
28 (6) "Family or household member" means spouses, former
29 spouses, noncohabitating partners, persons related by blood or
30 marriage, persons who are presently residing together as if a
31 family or who have resided together in the past as if a
26
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 family, and persons who have a child in common regardless of
2 whether they have been married or have resided together at any
3 time.
4 Section 7. Paragraph (g) is added to subsection (10)
5 of section 414.095, Florida Statutes, and subsection (3) and
6 paragraph (d) of subsection (15) of that section are amended
7 to read:
8 414.095 Determining eligibility for the WAGES
9 Program.--
10 (3) ELIGIBILITY FOR NONCITIZENS.--A "qualified
11 noncitizen" is an individual who is lawfully present in the
12 United States as a refugee or who is granted asylum under ss.
13 207 and 208 of the Immigration and Nationality Act, an alien
14 whose deportation is withheld under s. 243(h) of the
15 Immigration and Nationality Act, or an alien who has been
16 admitted as a permanent resident and meets specific criteria
17 under federal law. In addition, a "qualified noncitizen"
18 includes an individual who has been battered or subject to
19 extreme cruelty in the United States by a spouse or a parent,
20 and has applied for or received protection under the federal
21 Violence Against Women Act of 1994, Pub. L. No. 103-322, if
22 the need for benefits is related to the abuse. A "nonqualified
23 noncitizen" is a nonimmigrant alien, including a tourist,
24 business visitor, foreign student, exchange visitor, temporary
25 worker, or diplomat. In addition, a "nonqualified noncitizen"
26 includes an individual paroled into the United States for less
27 than 1 year. A qualified noncitizen who is otherwise eligible
28 may receive temporary cash assistance to the extent permitted
29 by federal law. The income or resources of a sponsor and the
30 sponsor's spouse shall be included in determining eligibility
31 to the maximum extent permitted by federal law.
27
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 (a) A child born in the United States to an illegal or
2 ineligible alien is eligible for temporary cash assistance
3 under this chapter if the family meets all eligibility
4 requirements.
5 (b) If the parent may legally work in this country,
6 the parent must participate in the work activity requirements
7 provided in s. 414.065, to the extent permitted under federal
8 law.
9 (c) The department shall participate in the Systematic
10 Alien Verification for Entitlements Program (SAVE) established
11 by the United States Immigration and Naturalization Service in
12 order to verify the validity of documents provided by aliens
13 and to verify an alien's eligibility.
14 (d) The income of an illegal alien or ineligible
15 alien, less a pro rata share for the illegal alien or
16 ineligible alien, counts in determining a family's eligibility
17 to participate in the program.
18 (e) The entire assets of an ineligible alien or a
19 disqualified individual who is a mandatory member of a family
20 shall be included in determining the family's eligibility.
21 (10) PARTICIPANT OPPORTUNITIES AND OBLIGATIONS.--An
22 applicant or participant in the WAGES Program has the
23 following opportunities and obligations:
24 (g) To receive information regarding services
25 available from certified domestic violence centers or
26 organizations that provide counseling and supportive services
27 to individuals who are past or present victims of domestic
28 violence or who are at risk of domestic violence and, upon
29 request, to be referred to such organizations in a manner
30 which protects the individual's confidentiality.
31 (15) PROHIBITIONS AND RESTRICTIONS.--
28
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 (d) Notwithstanding any law to the contrary, if a
2 parent or caretaker relative without good cause does not
3 cooperate with the state agency responsible for administering
4 the child support enforcement program in establishing,
5 modifying, or enforcing a support order with respect to a
6 child of a teen parent or other family member, or a child of a
7 family member who is in the care of an adult relative,
8 temporary cash assistance to the entire family shall be denied
9 until the state agency indicates that cooperation by the
10 parent or caretaker relative has been satisfactory. To the
11 extent permissible under federal law, a parent or caretaker
12 relative shall not be penalized for failure to cooperate with
13 paternity establishment or with the establishment,
14 modification, or enforcement of a support order when such
15 cooperation could subject an individual to a risk of domestic
16 violence. Such risk shall constitute good cause to the extent
17 permitted by Title IV-D of the Social Security Act, as
18 amended, or other federal law.
19 Section 8. Subsection (2) of section 414.115, Florida
20 Statutes, is amended to read:
21 414.115 Limited temporary cash assistance for children
22 born to families receiving temporary cash assistance.--
23 (2) Subsection (1) does not apply:
24 (a) To a program participant who is a victim of rape
25 or incest if the victim files a police report on the rape or
26 incest within 30 days after the incident;
27 (b) To a program participant who is confirmed by the
28 Title IV-D child support agency as having been granted an
29 exemption from participating in requirements for the
30 enforcement of child support due to circumstances consistent
31 with the conception of the child as a result of rape, incest,
29
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 or sexual exploitation. A child for whom an exemption is
2 claimed under this paragraph and for whom an application has
3 been made for a good-cause exemption from the requirements of
4 s. 414.095 shall receive temporary benefits until a
5 determination is made on the application for a good-cause
6 exemption from the requirements of s. 414.095;
7 (c)(b) To children who are the firstborn, including
8 all children in the case of multiple birth, of minors included
9 in a temporary cash assistance group who as minors become
10 first-time parents;
11 (d)(c) To a child when parental custody has been
12 legally transferred; or
13 (e)(d) To a child who is no longer able to live with
14 his or her parents as a result of:
15 1. The death of the child's parent or parents;
16 2. The incapacity of the child's parent or parents as
17 documented by a physician, such that the parent or parents are
18 unable to care for the child;
19 3. Legal transfer of the custody of the child to
20 another individual;
21 4. Incarceration of the child's parent or parents,
22 except that the child shall not receive temporary cash
23 assistance if a parent is subsequently released and reunited
24 with the child; or
25 5. A situation in which the child's parent's or
26 parents' institutionalization is expected to be for an
27 extended period, as defined by the department.
28 Section 9. Paragraph (g) is added to subsection (1) of
29 section 234.01, Florida Statutes, to read:
30 234.01 Purpose; transportation; when provided.--
31
30
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 (1) School boards, after considering recommendations
2 of the superintendent:
3 (g) May provide transportation for WAGES program
4 participants as defined in s. 414.0252.
5 Section 10. Present paragraph (b) of subsection (1) of
6 section 234.211, Florida Statutes, is redesignated as
7 paragraph (c), and a new paragraph (b) is added to that
8 subsection to read:
9 234.211 Use of school buses for public purposes.--
10 (1)
11 (b) Each school district may enter into agreements
12 with local WAGES coalitions for the provision of
13 transportation services to WAGES program participants as
14 defined in s. 414.0252. Agreements must provide for
15 reimbursement in full or in part for the proportionate share
16 of fixed and operating costs incurred by the school district
17 attributable to the use of buses in accordance with the
18 agreement.
19 Section 11. Subsection (13) is added to section
20 341.041, Florida Statutes, to read:
21 341.041 Transit responsibilities of the
22 department.--The department shall, within the resources
23 provided pursuant to chapter 216:
24 (13) Assist local governmental entities and other
25 transit operators in the planning, development, and
26 coordination of transit services for WAGES program
27 participants as defined in s. 414.0252.
28 Section 12. Subsections (1) and (2) of section
29 341.052, Florida Statutes, are amended to read:
30 341.052 Public transit block grant program;
31 administration; eligible projects; limitation.--
31
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 (1) There is created a public transit block grant
2 program which shall be administered by the department. Block
3 grant funds shall only be provided to "Section 9" providers
4 and "Section 18" providers designated by the United States
5 Department of Transportation and community transportation
6 coordinators as defined in chapter 427. Eligible providers
7 must establish public transportation development plans
8 consistent, to the maximum extent feasible, with approved
9 local government comprehensive plans of the units of local
10 government in which the provider is located. In developing
11 public transportation development plans, eligible providers
12 must solicit comments from local WAGES coalitions established
13 under chapter 414. The development plans must address how the
14 public transit provider will work with the appropriate local
15 WAGES coalition to provide services to WAGES participants.
16 Eligible providers must review program and financial plans
17 established under s. 414.028 and provide information to the
18 local WAGES coalition serving the county in which the provider
19 is located regarding the availability of transportation
20 services to assist WAGES program participants.
21 (2) Costs for which public transit block grant program
22 funds may be expended include:
23 (a) Costs of public bus transit and local public fixed
24 guideway capital projects.
25 (b) Costs of public bus transit service development
26 and transit corridor projects. Whenever block grant funds are
27 used for a service development project or a transit corridor
28 project, the use of such funds is governed by s. 341.051.
29 Local transit service development projects and transit
30 corridor projects currently operating under contract with the
31 department shall continue to receive state funds according to
32
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 the contract until such time as the contract expires. Transit
2 corridor projects, wholly within one county, meeting or
3 exceeding performance criteria as described in the contract
4 shall be continued by the transit provider at the same or a
5 higher level of service until such time as the department, the
6 M.P.O., and the service provider, agree to discontinue the
7 service. The provider may not increase fares for services in
8 transit corridor projects wholly within one county without the
9 consent of the department.
10 (c) Costs of public bus transit operations.
11
12 All projects must shall be consistent, to the maximum extent
13 feasible, with the approved local government comprehensive
14 plans of the units of local government comprehensive plans of
15 local government in which the project is located.
16 Section 13. Paragraph (a) of subsection (2) of section
17 414.026, Florida Statutes, is amended to read:
18 414.026 WAGES Program State Board of Directors.--
19 (2)(a) The board of directors shall be composed of the
20 following members:
21 1. The Commissioner of Education, or the
22 commissioner's designee.
23 2. The Secretary of Children and Family Services.
24 3. The Secretary of Health.
25 4. The Secretary of Labor and Employment Security.
26 5. The Secretary of Community Affairs.
27 6. The Secretary of Transportation, or the secretary's
28 designee.
29 7.6. The director of the Office of Tourism, Trade, and
30 Economic Development.
31
33
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 8.7. The president of the Enterprise Florida workforce
2 development board, established under s. 288.9620.
3 9.8. The chief executive officer of the Florida
4 Tourism Industry Marketing Corporation, established under s.
5 288.1226.
6 10.9. Nine members appointed by the Governor, as
7 follows:
8 a. Six members shall be appointed from a list of ten
9 nominees, of which five must be submitted by the President of
10 the Senate and five must be submitted by the Speaker of the
11 House of Representatives. The list of five nominees submitted
12 by the President of the Senate and the Speaker of the House of
13 Representatives must each contain at least three individuals
14 employed in the private sector, two of whom must have
15 management experience. One of the five nominees submitted by
16 the President of the Senate and one of the five nominees
17 submitted by the Speaker of the House of Representatives must
18 be an elected local government official who shall serve as an
19 ex officio nonvoting member.
20 b. Three members shall be at-large members appointed
21 by the Governor.
22 c. Of the nine members appointed by the Governor, at
23 least six must be employed in the private sector and of these,
24 at least five must have management experience.
25
26 The members appointed by the Governor shall be appointed to
27 4-year, staggered terms. Within 60 days after a vacancy occurs
28 on the board, the Governor shall fill the vacancy of a member
29 appointed from the nominees submitted by the President of the
30 Senate and the Speaker of the House of Representatives for the
31 remainder of the unexpired term from one nominee submitted by
34
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 the President of the Senate and one nominee submitted by the
2 Speaker of the House of Representatives. Within 60 days after
3 a vacancy of a member appointed at-large by the Governor
4 occurs on the board, the Governor shall fill the vacancy for
5 the remainder of the unexpired term. The composition of the
6 board must generally reflect the racial, gender, and ethnic
7 diversity of the state as a whole.
8 Section 14. Subsection (1) of section 414.20, Florida
9 Statutes, is amended to read:
10 414.20 Other support services.--Support services shall
11 be provided, if resources permit, to assist participants in
12 complying with work activity requirements outlined in s.
13 414.065. If resources do not permit the provision of needed
14 support services, the department and the Department of Labor
15 and Employment Security may prioritize or otherwise limit
16 provision of support services. This section does not
17 constitute an entitlement to support services. Lack of
18 provision of support services may be considered as a factor in
19 determining whether good cause exists for failing to comply
20 with work activity requirements but does not automatically
21 constitute good cause for failing to comply with work activity
22 requirements, and does not affect any applicable time limit on
23 the receipt of temporary cash assistance or the provision of
24 services under this chapter. Support services shall include,
25 but need not be limited to:
26 (1) TRANSPORTATION.--Transportation expenses may be
27 provided to any participant when the assistance is needed to
28 comply with work activity requirements or employment
29 requirements, including transportation to and from a child
30 care provider. Payment may be made in cash or tokens in
31 advance or through reimbursement paid against receipts or
35
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 invoices. Transportation services may include, but are not
2 limited to, cooperative arrangements with the following:
3 public transit providers; community transportation
4 coordinators designated under chapter 427; school districts,
5 churches and community centers; donated motor vehicle
6 programs, vanpools, and ridesharing programs; small enterprise
7 developments and entrepreneurial programs that encourage WAGES
8 participants to become transportation providers; public and
9 private transportation partnerships; and other innovative
10 strategies to expand transportation options available to
11 program participants.
12 (a) Local WAGES coalitions are authorized to provide
13 payment for vehicle operational and repair expenses, including
14 repair expenditures necessary to make a vehicle functional;
15 vehicle registration fees; driver's license fees; and
16 liability insurance for the vehicle for a period of up to 6
17 months. Request for vehicle repairs must be accompanied by an
18 estimate of the cost prepared by a repair facility registered
19 under s. 559.904.
20 (b) Transportation disadvantaged funds as defined in
21 chapter 427 do not include WAGES support services funds that
22 are used for the provision of transportation services for
23 WAGES program participants. It is the intent of the
24 Legislature that local WAGES coalitions consult with local
25 community transportation coordinators designated under chapter
26 427 regarding the availability and cost of transportation
27 services through the coordinated transportation system prior
28 to contracting for comparable transportation services outside
29 the coordinated system. Support services funds may also be
30 used to develop transportation resources to expand
31 transportation options available to participants. These
36
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 services may include cooperative arrangements with local
2 transit authorities or school districts and small enterprise
3 development.
4 Section 15. Section 414.225, Florida Statutes, is
5 created to read:
6 414.225 Transitional transportation.--In order to
7 assist former WAGES participants in maintaining and sustaining
8 employment, transportation may be provided, if funds are
9 available, for up to 1 year after the participant is no longer
10 eligible to participate in the program due to earnings. This
11 does not constitute an entitlement to transitional
12 transportation. If funds are not sufficient to provide
13 services under this section, the department may limit or
14 otherwise prioritize transportation services.
15 (1) Transitional transportation must be job related.
16 (2) Transitional transportation may include expenses
17 identified in s. 414.20.
18 Section 16. Subsection (27) is added to section
19 427.013, Florida Statutes, to read:
20 427.013 The Commission for the Transportation
21 Disadvantaged; purpose and responsibilities.--The purpose of
22 the commission is to accomplish the coordination of
23 transportation services provided to the transportation
24 disadvantaged. The goal of this coordination shall be to
25 assure the cost-effective provision of transportation by
26 qualified community transportation coordinators or
27 transportation operators for the transportation disadvantaged
28 without any bias or presumption in favor of multioperator
29 systems or not-for-profit transportation operators over single
30 operator systems or for-profit transportation operators. In
31 carrying out this purpose, the commission shall:
37
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 (27) Ensure that local community transportation
2 coordinators work cooperatively with local WAGES coalitions
3 established in chapter 414 to provide assistance in the
4 development of innovative transportation services for WAGES
5 participants.
6 Section 17. Subsection (9) is added to section
7 427.0155, Florida Statutes, to read:
8 427.0155 Community transportation coordinators; powers
9 and duties.--Community transportation coordinators shall have
10 the following powers and duties:
11 (9) Work cooperatively with local WAGES coalitions
12 established in chapter 414 to provide assistance in the
13 development of innovative transportation services for WAGES
14 participants.
15 Section 18. Subsection (7) is added to section
16 427.0157, Florida Statutes, to read:
17 427.0157 Coordinating boards; powers and duties.--The
18 purpose of each coordinating board is to develop local service
19 needs and to provide information, advice, and direction to the
20 community transportation coordinators on the coordination of
21 services to be provided to the transportation disadvantaged.
22 The commission shall, by rule, establish the membership of
23 coordinating boards. The members of each board shall be
24 appointed by the metropolitan planning organization or
25 designated official planning agency. The appointing authority
26 shall provide each board with sufficient staff support and
27 resources to enable the board to fulfill its responsibilities
28 under this section. Each board shall meet at least quarterly
29 and shall:
30 (7) Work cooperatively with local WAGES coalitions
31 established in chapter 414 to provide assistance in the
38
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 development of innovative transportation services for WAGES
2 participants.
3 Section 19. Section 414.80, Florida Statutes, is
4 created to read:
5 414.80 Short title.--Sections 414.80-414.860 may be
6 cited as the "WAGES Emergency Response Act."
7 Section 20. Section 414.810, Florida Statutes, is
8 created to read:
9 414.810 Legislative findings and intent.--
10 (1) The Legislature finds that the success of the Work
11 and Gain Economic Self-sufficiency (WAGES) Program depends
12 upon the existence of sufficient employment opportunities
13 compatible with the education and skill levels of participants
14 in the WAGES Program.
15 (2) The Legislature finds that in several identifiable
16 regions of the state there is an alarmingly inadequate supply
17 of entry-level jobs in relation to the number of WAGES Program
18 participants who are exhausting statutory limitations on the
19 receipt of temporary cash assistance under the WAGES Program.
20 (3) The Legislature finds that the disparity between
21 employment opportunities and the number of WAGES Program
22 participants in these areas of critical state economic concern
23 constitutes an economic development emergency with significant
24 fiscal and social implications for these areas and for the
25 state as a whole.
26 (4) The Legislature finds that there is an immediate
27 need to facilitate the location and expansion of businesses
28 and the creation of jobs in these areas of critical state
29 economic concern, but that such activities may be hampered by
30 existing budgetary, statutory, regulatory, or programmatic
31 requirements.
39
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 (5) It is the intent of the Legislature to provide for
2 a WAGES Emergency Response Program in order to ensure that the
3 resources of state and local government are marshaled in a
4 coordinated, effective, and timely manner to promote economic
5 development and job creation integral to the success of the
6 WAGES Program.
7 Section 21. Section 414.811, Florida Statutes, is
8 created to read:
9 414.811 Policy and purpose.--Because the Legislature
10 has determined that the state must take extraordinary measures
11 to meet the employment needs of its residents who are
12 transitioning from dependence on welfare to self-reliance
13 through employment and to ensure that adequate employment
14 opportunities exist for such residents, it is hereby found and
15 declared necessary:
16 (1) To create a State WAGES Emergency Response Team to
17 be composed of a state director and appointed agency WAGES
18 Emergency Response Team Coordinators.
19 (a) The state director shall be appointed by the
20 Governor, and for administrative purposes, shall be housed in
21 the Executive Office of the Governor.
22 (b) Staffing for the State WAGES Emergency Response
23 Team shall be provided by the Department of Community Affairs.
24 The department shall coordinate the use of state facilities
25 and resources in ensuring the successful completion of the
26 team's objectives.
27 (2) To empower the State WAGES Emergency Response Team
28 to facilitate the creation of employment opportunities in
29 areas of critical state economic concern.
30 (3) To provide for coordination with local government
31 of state designated projects.
40
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 Section 22. Section 414.812, Florida Statutes, is
2 created to read:
3 414.812 Limitations.--
4 (1) The existence of the State WAGES Emergency
5 Response Team is not designed to disrupt the orderly economic
6 development of the state. Rather, it is created to coordinate
7 state resources and rapidly eliminate barriers that prevent
8 the creation of employment opportunities in designated regions
9 and communities of the state.
10 (2) Nothing in ss. 414.80-414.860 shall be construed
11 to:
12 (a) Interfere with the responsibilities of the
13 Division of Community Affairs relative to the State Emergency
14 Management Act under chapter 252;
15 (b) Interfere with military and defense obligations of
16 the Florida National Guard; or
17 (c) Authorize the destruction of wetlands or other
18 ecologically or environmentally sensitive lands.
19 Section 23. Section 414.813, Florida Statutes, is
20 created to read:
21 414.813 Liberal construction.--Sections 414.80-414.860
22 shall be construed liberally in order to effectuate their
23 purposes.
24 Section 24. Section 414.820, Florida Statutes, is
25 created to read:
26 414.820 Designation of Areas of Critical State
27 Economic Concern.--
28 (1) The Legislature declares the following Workforce
29 Development Regions to be areas of critical state economic
30 concern:
31 (a) Region 5--Gadsden, Leon, and Wakulla counties;
41
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 (b) Region 6--Hamilton, Jefferson, Lafayette, Madison,
2 Suwannee, and Taylor counties;
3 (c) Region 7--Baker, Columbia, Dixie, Gilchrist, and
4 Union counties;
5 (d) Region 19--DeSoto, Hardee, and Highlands counties;
6 and
7 (e) Region 23--Dade and Monroe counties.
8 (2) By Executive Order, the Governor shall declare no
9 more than 4 additional areas of the state as areas of critical
10 state economic concern based upon the following criteria:
11 (a) Areas with a high proportion of families who had
12 already received cash assistance in three out of the previous
13 five years at the time their time limit was established;
14 (b) Areas with a high proportion of families subject
15 to the WAGES time limit headed by a parent who was under age
16 24 at the time the time limit was established and who lacked
17 high school or GED completion;
18 (c) Areas with a high proportion of families subject
19 to the time limit who have used all of the available months of
20 cash assistance since October 1996;
21 (d) Areas with a low ratio of new jobs per WAGES
22 client;
23 (e) Areas with a low ratio of job openings requiring
24 less than a high school degree per WAGES client;
25 (f) Areas with a high proportion of families subject
26 to the time limit who are either within six months of the time
27 limit or are receiving cash assistance under a period of
28 hardship extension to the time limit;
29 (g) Areas with unusually high unemployment; and
30
31
42
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 (h) Areas identified as labor surplus areas using the
2 criteria established by the U.S. Department of Labor
3 Employment and Training Administration.
4 (3) Subcounty areas determined to have the greatest
5 need for job creation as determined by the Workforce
6 Development Board of Enterprise Florida, Inc., based upon the
7 criteria in subsection (2) shall qualify for designation by
8 the Governor under the authority provided by this section.
9 Section 25. Section 414.830, Florida Statutes, is
10 created to read:
11 414.830 WAGES Emergency Response Program.--
12 (1)(a) By July 1, 1998, the heads of the Departments
13 of Agriculture and Consumer Services, Labor and Employment
14 Security, Community Affairs, Children and Family Services,
15 Revenue, Business and Professional Regulation, Management
16 Services, Military Affairs, Transportation, and Environmental
17 Protection shall select from within each such department a
18 person to be designated as the WAGES Emergency Response
19 Coordinator for the department and a person to serve as an
20 alternate.
21 (b) By July 1, 1998, the Comptroller; the Auditor
22 General; the executive director of each water management
23 district; and the heads of the Office of Tourism, Trade, and
24 Economic Development, Enterprise Florida, Inc., State WAGES
25 Board of Directors, Institute of Food and Agricultural
26 Science, Florida Chamber of Commerce, the Florida Home
27 Builders Association, the State Board of Community Colleges,
28 Division of Workforce Development of the Department of
29 Education, State University System, Florida Ports Council, and
30 the Office of Planning and Budgeting shall select from within
31 such organizations a person to be designated as the WAGES
43
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 Emergency Response Coordinator for the organization and a
2 person to serve as an alternate.
3 (c) By designation, the WAGES Emergency Response
4 Coordinators are empowered to commit and coordinate those
5 resources applicable to the organization that the coordinator
6 represents. The WAGES Emergency Response Coordinators together
7 with the state director comprise the WAGES Emergency Response
8 Team, and are responsible for providing various resources
9 dictated by need as determined by project teams.
10 (d) The head of each organization identified in
11 paragraphs (a) and (b) shall notify the Governor and the state
12 director in writing of the person initially designated as the
13 WAGES Emergency Response Coordinator for such organization and
14 his or her alternate and of any changes in persons so
15 designated thereafter. The Governor may add individuals to the
16 WAGES Emergency Response Team as deemed necessary.
17 (2) The State WAGES Emergency Response Team shall
18 encourage state and local agencies to cooperatively solve all
19 barriers for attracting and committing potential employers to
20 locate in areas of critical state economic concern and to
21 facilitate expansion of existing businesses in those areas.
22 Once a local project leader or regional response team has
23 identified a barrier that cannot be overcome through
24 traditional means, the State WAGES Emergency Response Team
25 may:
26 (a) By contract with the potential employer, waive any
27 criteria, requirement or similar provision of any economic
28 development incentive. Such incentives shall include, but not
29 be limited to: the Qualified Target Industry Tax Refund
30 Program under s. 288.106, the Quick-Response Training Program
31 under s. 288.047, the WAGES Quick-Response Training Program,
44
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 contracts for transportation projects under s. 288.063, the
2 Qualified Defense contractor Tax Refund Program under s.
3 288.1045, the brownfield redevelopment bonus refunds under s.
4 288.107, the urban high-crime area and rural job tax credit
5 programs under ss. 212.097, 212.098, and 220.1895;
6 (b) By contract with the potential employer, provide
7 training and educational opportunities for new employees,
8 develop training programs, and pay tuition or training
9 expenses for employees;
10 (c) Contract with any Florida based provider of
11 employment training services or educational services for the
12 provision of services related to the team's responsibilities;
13 (d) Contract with potential employers to provide any
14 service or product over which the team has control;
15 (e) Recommend emergency issues to the Governor for his
16 consideration as matters requiring an executive order;
17 (f) Waive transportation provider preferences and
18 exclusions provided to the Transportation Disadvantage
19 Commission and associated providers; and
20 (g) Authorize the use of funds appropriated for the
21 WAGES Emergency Response Program for the staffing expenses of
22 the Department of Community Affairs.
23 (3) The State WAGES Emergency Response Team shall meet
24 at a minimum on a monthly basis.
25 (4) In order to accomplish the goals of the State
26 WAGES Emergency Response Team, the Governor may, by executive
27 order:
28 (a) Exercise any power enumerated under s. 252.36; and
29 (b) Require, at the recommendation of the State WAGES
30 Emergency Response Team, minimum hiring requirements of
31 participants of the WAGES Program for contracts entered into
45
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 by the Florida Department of Transportation or any school
2 district entering into contract for capital construction.
3 (5) The State WAGES Emergency Response Team is
4 directed to use local resources and financing whenever
5 possible and to petition the Governor to use the powers
6 granted in this act to finance local projects.
7 Section 26. Section 414.840, Florida Statutes, is
8 created to read:
9 414.840 Regional WAGES Emergency Response Teams.--
10 (1) Enterprise Florida, Inc., in cooperation with the
11 Department of Community Affairs, is responsible for initial
12 organization of the regional response teams. Regional response
13 teams shall be composed of representatives of cities and
14 counties that have governing responsibilities for a given
15 area. In addition to representatives of local government, a
16 representative from the local WAGES coalition, the regional
17 workforce development board, local economic development
18 councils, and a representative of the local school board shall
19 also be included on the regional response team. The team
20 leader shall be selected by the team members.
21 (2)(a) Regional response teams shall assess businesses
22 located in the region to identify potential expansion projects
23 that may require the assistance of the state response team.
24 The teams shall also identify underutilized local resources.
25 (b) Regional response teams shall be responsible for
26 coordinating the efforts of local government and local
27 agencies to attract potential new employers and shall work in
28 conjunction with local economic development councils.
29 Enterprise Florida, Inc., shall assist the regional response
30 teams by providing research and advice in fulfilling their
31 charge.
46
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 (c) A regional response team may propose any local
2 opportunity for the expansion of an existing business or for
3 the relocation to the region of an existing employer to the
4 State WAGES Emergency Response Team to exercise the powers
5 vested in the state team.
6 (d) It is the desire of the Legislature that local
7 resources and local solutions shall be used first as the
8 economic development resulting from the efforts of the teams
9 will be felt greatest by local communities.
10 Section 27. Section 414.845, Florida Statutes, is
11 created to read:
12 414.845 Local Project Teams.--
13 (1) Recognizing that significant job creation efforts
14 often focus on development of specific sites and may include
15 multiple employers, not more than 10 local project districts
16 may be designated by the State WAGES Emergency Response Team.
17 Not more than 3 of the local project districts may be created
18 in Dade County. Not more than 7 may be located in
19 legislatively designated areas of critical state economic
20 concern, including those designated in Dade County. Such sites
21 must be contiguous and capable of supporting businesses
22 creating a total of 500 jobs or more.
23 (2) Upon designation of a local project district, a
24 local project team shall be assembled and approved by the
25 State WAGES Emergency Response Team, after consultation with
26 the regional response team. Local project leaders should look
27 first to the regional response teams for assistance, but may
28 directly appeal to the State WAGES Emergency Response Team for
29 assistance.
30 (3) Local project teams shall have the following
31 powers and responsibilities:
47
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 (a) Local project teams are to aggressively solicit
2 potential businesses for site specific projects;
3 (b) Local project teams shall assist potential
4 employers in identifying and applying for all relevant
5 incentives and permits;
6 (c) Local project teams, with permission of the State
7 WAGES Emergency Response Team, may negotiate specific terms of
8 agreement with potential employers; and
9 (d) Local project teams shall identify and assist in
10 the elimination of local barriers to the location or expansion
11 of a business at the site.
12 (4) In selecting potential projects, the State WAGES
13 Emergency Response Team shall consider all projects submitted,
14 and shall pay particular attention to projects which include
15 elements relating to transportation distribution centers,
16 warehousing facilities, agricultural processing and packaging,
17 and the aquaculture industry. While traditional economic
18 development does not usually focus on retail establishments,
19 the team may consider projects which provide retail employment
20 opportunities and select retail projects if they provide
21 significant employment opportunities.
22 Section 28. Section 414.850, Florida Statutes, is
23 created to read:
24 414.850 Expiration and review of WAGES Emergency
25 Response Program.--Sections 414.80-414.860, expire June 30,
26 2002, and shall be reviewed by the Legislature and Enterprise
27 Florida, Inc., prior to that date. In its review, the
28 Legislature shall determine if the continued use of the WAGES
29 Emergency Response Program fulfills a state need. Enterprise
30 Florida, Inc., shall assess the usefulness and applicability
31
48
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 of the WAGES Emergency Response Program for economic
2 development projects.
3 Section 29. Section 414.860, Florida Statutes, is
4 created to read:
5 414.860 Legislative oversight.--The President of the
6 Senate shall appoint 2 members of the Senate and the Speaker
7 of the House of Representatives shall appoint 2 members of the
8 House of Representatives to serve as a legislative oversight
9 committee to monitor and advise the State WAGES Emergency
10 Response Team.
11 Section 30. The State WAGES Emergency Response Team
12 shall, from funds appropriated for the use of the team,
13 contract with the Institute of Food and Agricultural Sciences
14 for job creation and training activities related to the
15 institute's Job Start, Care Giver Education, Aquaculture of
16 High Value Species, and New Technologies in Plasticulture for
17 Vegetable Producers programs.
18 Section 31. Paragraph (h) of subsection (5) of section
19 212.08, Florida Statutes, is amended to read:
20 212.08 Sales, rental, use, consumption, distribution,
21 and storage tax; specified exemptions.--The sale at retail,
22 the rental, the use, the consumption, the distribution, and
23 the storage to be used or consumed in this state of the
24 following are hereby specifically exempt from the tax imposed
25 by this chapter.
26 (5) EXEMPTIONS; ACCOUNT OF USE.--
27 (h) Business property used in an enterprise zone.--
28 1. Beginning July 1, 1995, business property purchased
29 for use by businesses located in an enterprise zone which is
30 subsequently used in an enterprise zone shall be exempt from
31 the tax imposed by this chapter. This exemption inures to the
49
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 business only through a refund of previously paid taxes. A
2 refund shall be authorized upon an affirmative showing by the
3 taxpayer to the satisfaction of the department that the
4 requirements of this paragraph have been met.
5 2. To receive a refund, the business must file under
6 oath with the governing body or enterprise zone development
7 agency having jurisdiction over the enterprise zone where the
8 business is located, as applicable, an application which
9 includes:
10 a. The name and address of the business claiming the
11 refund.
12 b. The identifying number assigned pursuant to s.
13 290.0065 to the enterprise zone in which the business is
14 located.
15 c. A specific description of the property for which a
16 refund is sought, including its serial number or other
17 permanent identification number.
18 d. The location of the property.
19 e. The sales invoice or other proof of purchase of the
20 property, showing the amount of sales tax paid, the date of
21 purchase, and the name and address of the sales tax dealer
22 from whom the property was purchased.
23 f. Whether the business is a small business as defined
24 by s. 288.703(1).
25 g. If applicable, the name and address of each
26 permanent employee of the business, including, for each
27 employee who is a resident of an enterprise zone, the
28 identifying number assigned pursuant to s. 290.0065 to the
29 enterprise zone in which the employee resides.
30 3. Within 10 working days after receipt of an
31 application, the governing body or enterprise zone development
50
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 agency shall review the application to determine if it
2 contains all the information required pursuant to subparagraph
3 2. and meets the criteria set out in this paragraph. The
4 governing body or agency shall certify all applications that
5 contain the information required pursuant to subparagraph 2.
6 and meet the criteria set out in this paragraph as eligible to
7 receive a refund. If applicable, the governing body or agency
8 shall also certify if 20 percent of the employees of the
9 business are residents of an enterprise zone, excluding
10 temporary and part-time employees. The certification shall be
11 in writing, and a copy of the certification shall be
12 transmitted to the executive director of the Department of
13 Revenue. The business shall be responsible for forwarding a
14 certified application to the department within the time
15 specified in subparagraph 4.
16 4. An application for a refund pursuant to this
17 paragraph must be submitted to the department within 6 months
18 after the business property is purchased.
19 5. The provisions of s. 212.095 do not apply to any
20 refund application made pursuant to this paragraph. The amount
21 refunded on purchases of business property under this
22 paragraph shall be the lesser of 97 percent of the sales tax
23 paid on such business property or $5,000, or, if no less than
24 20 percent of the employees of the business are residents of
25 an enterprise zone, excluding temporary and part-time
26 employees, the amount refunded on purchases of business
27 property under this paragraph shall be the lesser of 97
28 percent of the sales tax paid on such business property or
29 $10,000. A refund approved pursuant to this paragraph shall be
30 made within 30 days of formal approval by the department of
31 the application for the refund. No refund shall be granted
51
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 under this paragraph unless the amount to be refunded exceeds
2 $100 in sales tax paid on purchases made within a 60-day time
3 period.
4 6. The department shall adopt rules governing the
5 manner and form of refund applications and may establish
6 guidelines as to the requisites for an affirmative showing of
7 qualification for exemption under this paragraph.
8 7. If the department determines that the business
9 property is used outside an enterprise zone within 3 years
10 from the date of purchase, the amount of taxes refunded to the
11 business purchasing such business property shall immediately
12 be due and payable to the department by the business, together
13 with the appropriate interest and penalty, computed from the
14 date of purchase, in the manner provided by this chapter.
15 Notwithstanding this subparagraph, in order to provide greater
16 employment opportunities in areas of critical state economic
17 concern, business property used exclusively in:
18 a. Licensed commercial fishing vessels,
19 b. Fishing guide boats, or
20 c. Ecotourism guide boats
21
22 that leave and return to a fixed location within an area
23 designated under s. 370.28 are eligible for the exemption
24 provided under this paragraph if all requirements of this
25 paragraph are met. Such vessels and boats must be owned by a
26 business that is eligible to receive the exemption provided
27 under this paragraph. This exemption does not apply to the
28 purchase of a vessel or boat.
29 8. The department shall deduct an amount equal to 10
30 percent of each refund granted under the provisions of this
31 paragraph from the amount transferred into the Local
52
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 Government Half-cent Sales Tax Clearing Trust Fund pursuant to
2 s. 212.20 for the county area in which the business property
3 is located and shall transfer that amount to the General
4 Revenue Fund.
5 9. For the purposes of this exemption, "business
6 property" means new or used property defined as "recovery
7 property" in s. 168(c) of the Internal Revenue Code of 1954,
8 as amended, except:
9 a. Property classified as 3-year property under s.
10 168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;
11 b. Industrial machinery and equipment as defined in
12 sub-subparagraph (b)6.a. and eligible for exemption under
13 paragraph (b); and
14 c. Building materials as defined in sub-subparagraph
15 (g)8.a.
16 10. The provisions of this paragraph shall expire and
17 be void on December 31, 2005.
18 Section 32. Subsection (1) and paragraph (a) of
19 subsection (3) of section 212.096, Florida Statutes, are
20 amended to read:
21 212.096 Sales, rental, storage, use tax; enterprise
22 zone jobs credit against sales tax.--
23 (1) For the purposes of the credit provided in this
24 section:
25 (a) "Eligible business" means any sole proprietorship,
26 firm, partnership, corporation, bank, savings association,
27 estate, trust, business trust, receiver, syndicate, or other
28 group or combination, or successor business, located in an
29 enterprise zone. An eligible business does not include any
30 business which has claimed the credit permitted under s.
31
53
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 220.181 for any new business employee first beginning
2 employment with the business after July 1, 1995.
3 (b) "Month" means either a calendar month or the time
4 period from any day of any month to the corresponding day of
5 the next succeeding month or, if there is no corresponding day
6 in the next succeeding month, the last day of the succeeding
7 month.
8 (c) "New employee" means a person residing in an
9 enterprise zone, a qualified Job Training Partnership Act
10 classroom training participant, or a WAGES Program participant
11 who begins employment with an eligible business after July 1,
12 1995, and who has not been previously employed within the
13 preceding 12 months by the eligible business, or a successor
14 eligible business, claiming the credit allowed by this
15 section.
16
17 A person shall be deemed to be employed if the person performs
18 duties in connection with the operations of the business on a
19 regular, full-time basis, provided the person is performing
20 such duties for an average of at least 36 hours per week each
21 month, or a part-time basis, provided the person is performing
22 such duties for an average of at least 20 hours per week each
23 month throughout the year. The person must be performing such
24 duties at a business site located in the enterprise zone.
25 (3) In order to claim this credit, an eligible
26 business must file under oath with the governing body or
27 enterprise zone development agency having jurisdiction over
28 the enterprise zone where the business is located, as
29 applicable, a statement which includes:
30 (a) For each new employee for whom this credit is
31 claimed, the employee's name and place of residence, including
54
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 the identifying number assigned pursuant to s. 290.0065 to the
2 enterprise zone in which the employee resides if the new
3 employee is a person residing in an enterprise zone, and, if
4 applicable, documentation that the employee is a qualified Job
5 Training Partnership Act classroom training participant or a
6 WAGES Program participant.
7 Section 33. Paragraph (q) of subsection (1) of section
8 220.03, Florida Statutes, is amended to read:
9 220.03 Definitions.--
10 (1) SPECIFIC TERMS.--When used in this code, and when
11 not otherwise distinctly expressed or manifestly incompatible
12 with the intent thereof, the following terms shall have the
13 following meanings:
14 (q) "New employee," for the purposes of the enterprise
15 zone jobs credit, means a person residing in an enterprise
16 zone, a qualified Job Training Partnership Act classroom
17 training participant, or a WAGES Program participant employed
18 at a business located in an enterprise zone who begins
19 employment in the operations of the business after July 1,
20 1995, and who has not been previously employed within the
21 preceding 12 months by the business or a successor business
22 claiming the credit pursuant to s. 220.181. A person shall be
23 deemed to be employed by such a business if the person
24 performs duties in connection with the operations of the
25 business on a full-time basis, provided she or he is
26 performing such duties for an average of at least 36 hours per
27 week each month, or a part-time basis, provided she or he is
28 performing such duties for an average of at least 20 hours per
29 week each month throughout the year. The person must be
30 performing such duties at a business site located in an
31
55
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 enterprise zone. The provisions of this paragraph shall expire
2 and be void on June 30, 2005.
3 Section 34. Paragraph (a) of subsection (2) of section
4 220.181, Florida Statutes, is amended to read:
5 220.181 Enterprise zone jobs credit.--
6 (2) When filing for an enterprise zone jobs credit, a
7 business must file under oath with the governing body or
8 enterprise zone development agency having jurisdiction over
9 the enterprise zone where the business is located, as
10 applicable, a statement which includes:
11 (a) For each new employee for whom this credit is
12 claimed, the employee's name and place of residence during the
13 taxable year, including the identifying number assigned
14 pursuant to s. 290.0065 to the enterprise zone in which the
15 new employee resides if the new employee is a person residing
16 in an enterprise zone, and, if applicable, documentation that
17 the employee is a qualified Job Training Partnership Act
18 classroom training participant or a WAGES Program participant.
19 Section 35. Subsection (10) is added to section
20 288.047, Florida Statutes, to read:
21 288.047 Quick-response training for economic
22 development.--
23 (10) There is created a Quick-response Training
24 Program for Work and Gain Economic Self-sufficiency (WAGES)
25 participants. Enterprise Florida, Inc., may, at the discretion
26 of the State WAGES Emergency Response Team, award
27 quick-response training grants and develop applicable
28 guidelines for the training of participants in the WAGES
29 Program. In addition to a local economic development
30 organization, grants must be endorsed by the applicable local
31 WAGES coalition and regional workforce development board.
56
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 (a) Training funded pursuant to this subsection may
2 not exceed 12 months, and may be provided by the local
3 community college, school district, regional workforce
4 development board, or the business employing the participant,
5 including on-the-job training. Training will provide
6 entry-level skills to new workers, including those employed in
7 retail, who are participants in the WAGES Program.
8 (b) WAGES participants trained pursuant to this
9 subsection must be employed at a wage not less than $6.00 per
10 hour.
11 (c) Funds made available pursuant to this subsection
12 may be expended in connection with the relocation of a
13 business from one community to another community if approved
14 by the State WAGES Emergency Response Team.
15 Section 36. Subsection (4) of section 370.28, Florida
16 Statutes, is amended, and subsection (5) is added to that
17 section to read:
18 370.28 Enterprise zone designation; communities
19 adversely impacted by net limitations.--
20 (4) Notwithstanding the enterprise zone residency
21 requirements set out in ss. 212.096(1)(c) and 220.03(1)(q),
22 businesses located in enterprise zones designated pursuant to
23 this section may receive the credit provided under s. 212.096
24 or s. 220.181 for hiring any person within the jurisdiction of
25 the county within which nominating community of such
26 enterprise zone is located. All other provisions of ss.
27 212.096, 220.03(1)(q), and 220.181 apply to such businesses.
28 To increase employment opportunities for WAGES clients and
29 prevent other persons from reliance on WAGES benefits,
30 notwithstanding the requirement specified in ss.
31 212.08(5)(g)5. and (h)5. and (15)(a) and 220.182(1)(b) that no
57
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2524 First Engrossed
1 less than 20 percent of a business's employees, excluding
2 temporary and part-time employees, must be residents of an
3 enterprise zone for the business to qualify for the maximum
4 exemption or credit provided in ss. 212.08(5)(g) and (h) and
5 (15) and 220.182, a business that is located in an enterprise
6 zone designated pursuant to this section shall be qualified
7 for those maximum exemptions or credits if no less than 20
8 percent of such employees of the business are residents of the
9 jurisdiction of the county within which the enterprise zone is
10 located. All other provisions of ss. 212.08(5)(g) and (h) and
11 (15) and 220.182 apply to such business.
12 (5) Notwithstanding the time limitations contained in
13 chapters 212 and 220, a business eligible to receive tax
14 credits under this section from January 1, 1997, to June 1,
15 1998, must submit an application for the tax credits by
16 December 1, 1998. All other requirements of the enterprise
17 zone program apply to such a business.
18 Section 37. This act shall take effect upon becoming a
19 law.
20
21
22
23
24
25
26
27
28
29
30
31
58