House Bill 3391

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    Florida House of Representatives - 1998                HB 3391

        By Representatives Turnbull, Merchant, Boyd, Tamargo,
    Bullard, Brennan, Dawson-White, Dennis, Chestnut, Heyman,
    Bloom, Frankel and Greene




  1                      A bill to be entitled

  2         An act relating to protection of victims who

  3         apply for or receive public assistance;

  4         amending s. 414.0252, F.S.; defining "battered

  5         or subject to extreme cruelty" and "domestic

  6         violence" with respect to specified provisions

  7         relating to temporary family assistance;

  8         amending s. 414.065, F.S., relating to work

  9         requirements; providing an exception from the

10         work requirements for certain individuals at

11         risk of domestic violence; providing an

12         exception for a specified period for certain

13         individuals impaired by past incidents of

14         domestic violence, under certain circumstances;

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

16         services, to incorporate said amendment in a

17         reference; amending s. 414.095, F.S., relating

18         to determination of eligibility for the WAGES

19         program; providing that a person who has been

20         battered or subject to extreme cruelty in the

21         United States by a spouse or parent is a

22         "qualified noncitizen" under specified

23         circumstances; providing for program applicants

24         or participants to receive certain information

25         regarding services available from domestic

26         violence centers or organizations and to

27         request referrals thereto; providing that risk

28         of domestic violence constitutes good cause for

29         failure by a parent or caretaker relative to

30         cooperate with paternity establishment or

31         establishment, modification, or enforcement of

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  1         certain child support orders, under specified

  2         circumstances; amending s. 414.105, F.S.,

  3         relating to time limitations on temporary cash

  4         assistance; permitting domestic violence

  5         victims to be granted hardship exemptions not

  6         subject to certain percentage limitations,

  7         under specified circumstances; amending s.

  8         414.115, F.S., relating to limited temporary

  9         cash assistance for children born to families

10         receiving temporary cash assistance; providing

11         for nonapplicability to domestic violence

12         victims of specified provisions limiting such

13         assistance under certain circumstances;

14         providing an effective date.

15

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

17

18         Section 1.  Present subsections (3) and (4) through

19  (10) of section 414.0252, Florida Statutes, are renumbered as

20  subsections (4) and (6) through (12) of said section,

21  respectively, and new subsections (3) and (5) are added to

22  said section, to read:

23         414.0252  Definitions.--As used in ss. 414.015-414.45,

24  the term:

25         (3)  "Battered or subject to extreme cruelty" means

26  having been subjected to:

27         (a)  Physical acts that resulted in, or threatened to

28  result in, physical injury to the individual;

29         (b)  Sexual abuse;

30         (c)  Sexual activity involving a dependent child;

31

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  1         (d)  Being forced as the caretaker relative of a

  2  dependent child to engage in nonconsensual sexual acts or

  3  activities;

  4         (e)  Threats of, or attempts at, physical or sexual

  5  abuse;

  6         (f)  Mental abuse; or

  7         (g)  Neglect or deprivation of medical care,

  8

  9  or has the same meaning as otherwise defined in section

10  408(a)(7)(C)(iii) of the Social Security Act, as amended.

11         (4)  "Domestic violence" means acts by which a person

12  is battered or subject to extreme cruelty.

13         Section 2.  Subsection (7) of section 414.065, Florida

14  Statutes, is amended to read:

15         414.065  Work requirements.--

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

17  situations listed in this subsection shall constitute

18  exceptions to the penalties for noncompliance with

19  participation requirements, except that these situations do

20  not constitute exceptions to the applicable time limit for

21  receipt of temporary cash assistance:

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

23  cash assistance may not be terminated for refusal to

24  participate in work activities if the individual is a single

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

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

27  Department of Labor and Employment Security an inability to

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

29  reasons:

30         1.  Unavailability of appropriate child care within a

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

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  1         2.  Unavailability or unsuitability of informal child

  2  care by a relative or under other arrangements.

  3         3.  Unavailability of appropriate and affordable formal

  4  child care arrangements.

  5         (b)  Noncompliance related to risk of domestic

  6  violence.--An individual who is unable to comply with the work

  7  requirements because such compliance would make it more

  8  difficult for the individual to escape domestic violence or

  9  subject such individual to further risk of domestic violence

10  shall be excepted from such requirements as determined by the

11  Department of Labor and Employment Security and the Department

12  of Children and Family Services.

13         (c)  Noncompliance related to treatment or remediation

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

15  unable to comply with the work requirements due to mental or

16  physical impairment related to past incidents of domestic

17  violence may be excepted from the activities for a specific

18  period, except that such individual shall be required to

19  cooperate with the counseling or course of treatment necessary

20  for the individual to resume participation. The need for

21  treatment and the expected duration of such treatment must be

22  verified by a physician, a licensed therapist, or a treatment

23  professional affiliated with a certified domestic violence

24  center or similar entity. Exceptions granted under this

25  paragraph do not constitute exceptions to the time limitations

26  on benefits under s. 414.105.

27         (d)(b)  Noncompliance related to medical

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

29  work activities due to a medical incapacity, the individual

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

31  except that the individual shall be required to comply with

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  1  the course of treatment necessary for the individual to resume

  2  participation. A participant may not be excused from work

  3  activity requirements unless the participant's medical

  4  incapacity is verified by a physician licensed under chapter

  5  458 or chapter 459, in accordance with procedures established

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

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

  8  noncompliance.--Individuals who are temporarily unable to

  9  participate due to circumstances beyond their control may be

10  excepted from the noncompliance penalties. The Department of

11  Labor and Employment Security may define by rule situations

12  that would constitute good cause. These situations must

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

14  the care has been verified and alternate care is not

15  available.

16         Section 3.  For the purpose of incorporating the

17  amendment to s. 414.065, Florida Statutes, in a reference

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

19  read:

20         414.20  Other support services.--Support services shall

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

22  complying with work activity requirements outlined in s.

23  414.065. If resources do not permit the provision of needed

24  support services, the department and the Department of Labor

25  and Employment Security may prioritize or otherwise limit

26  provision of support services. This section does not

27  constitute an entitlement to support services. Lack of

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

29  determining whether good cause exists for failing to comply

30  with work activity requirements but does not automatically

31  constitute good cause for failing to comply with work activity

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

  2  the receipt of temporary cash assistance or the provision of

  3  services under this chapter. Support services shall include,

  4  but need not be limited to:

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

  6  provided to any participant when the assistance is needed to

  7  comply with work activity requirements or employment

  8  requirements, including transportation to and from a child

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

10  advance or through reimbursement paid against receipts or

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

12  transportation resources to expand transportation options

13  available to participants. These services may include

14  cooperative arrangements with local transit authorities or

15  school districts and small enterprise development.

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

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

18  with work activity requirements or employment requirements may

19  be provided.

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

21  eligibility requirements for Medicaid shall receive medical

22  services under the Medicaid program.

23         (4)  PERSONAL AND FAMILY COUNSELING AND

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

25  a personal or family problem or problems caused by substance

26  abuse that is a barrier to compliance with work activity

27  requirements or employment requirements. In providing these

28  services, the department and the Department of Labor and

29  Employment Security shall use services that are available in

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

31  available, the department and the Department of Labor and

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  1  Employment Security may use support services funds. Personal

  2  or family counseling not available through Medicaid may not be

  3  considered a medical service for purposes of the required

  4  statewide implementation plan or use of federal funds.

  5         Section 4.  Paragraph (g) is added to subsection (10)

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

  7  paragraph (d) of subsection (15) of said section are amended

  8  to read:

  9         414.095  Determining eligibility for the WAGES

10  Program.--

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

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

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

14  207 and 208 of the Immigration and Nationality Act, an alien

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

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

17  admitted as a permanent resident and meets specific criteria

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

19  includes an individual who has been battered or subject to

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

21  and has applied for or received protection under the federal

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

23  the need for benefits is related to the abuse and such

24  application is verified through the Immigration and

25  Naturalization Services. A "nonqualified noncitizen" is a

26  nonimmigrant alien, including a tourist, business visitor,

27  foreign student, exchange visitor, temporary worker, or

28  diplomat. In addition, a "nonqualified noncitizen" includes an

29  individual paroled into the United States for less than 1

30  year. A qualified noncitizen who is otherwise eligible may

31  receive temporary cash assistance to the extent permitted by

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

  2  sponsor's spouse shall be included in determining eligibility

  3  to the maximum extent permitted by federal law.

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

  5  ineligible alien is eligible for temporary cash assistance

  6  under this chapter if the family meets all eligibility

  7  requirements.

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

  9  the parent must participate in the work activity requirements

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

11  law.

12         (c)  The department shall participate in the Systematic

13  Alien Verification for Entitlements Program (SAVE) established

14  by the United States Immigration and Naturalization Service in

15  order to verify the validity of documents provided by aliens

16  and to verify an alien's eligibility.

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

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

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

20  to participate in the program.

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

22  disqualified individual who is a mandatory member of a family

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

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

25  applicant or participant in the WAGES Program has the

26  following opportunities and obligations:

27         (g)  To receive information regarding services

28  available from certified domestic violence centers or

29  organizations that provide counseling and supportive services

30  to individuals who are past or present victims of domestic

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

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

  2  which protects the individual's confidentiality.

  3         (15)  PROHIBITIONS AND RESTRICTIONS.--

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

  5  parent or caretaker relative without good cause does not

  6  cooperate with the state agency responsible for administering

  7  the child support enforcement program in establishing,

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

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

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

11  temporary cash assistance to the entire family shall be denied

12  until the state agency indicates that cooperation by the

13  parent or caretaker relative has been satisfactory.  To the

14  extent permissible under federal law, a parent or caretaker

15  relative shall not be penalized for failure to cooperate with

16  paternity establishment or with the establishment,

17  modification, or enforcement of a support order when such

18  cooperation could subject an individual to a risk of domestic

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

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

21  amended, or other federal law.

22         Section 5.  Present subsections (3) through (10) of

23  section 414.105, Florida Statutes, are renumbered as

24  subsections (4) through (11), respectively, and a new

25  subsection (3) is added to said section, to read:

26         414.105  Time limitations of temporary cash

27  assistance.--Unless otherwise expressly provided in this

28  chapter, an applicant or current participant shall receive

29  temporary cash assistance for episodes of not more than 24

30  cumulative months in any consecutive 60-month period that

31

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

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

  3         (3)  In addition to the exemptions listed in subsection

  4  (2), a victim of domestic violence may be granted a hardship

  5  exemption if the effects of such domestic violence delay or

  6  otherwise interrupt or adversely affect the individual's

  7  participation in the program.  Hardship exemptions granted

  8  under this subsection shall not be subject to the percentage

  9  limitations in subsection (2).

10         Section 6.  Subsection (2) of section 414.115, Florida

11  Statutes, is amended to read:

12         414.115  Limited temporary cash assistance for children

13  born to families receiving temporary cash assistance.--

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

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

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

17  incest within 30 days after the incident;

18         (b)  To a program participant who is a past or present

19  victim of domestic violence and who does not report an

20  incident of rape, incest, or sexual exploitation due to the

21  risk of further domestic violence;

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

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

24  in a temporary cash assistance group who as minors become

25  first-time parents;

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

27  legally transferred; or

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

29  his or her parents as a result of:

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

31

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

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

  3  unable to care for the child;

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

  5  another individual;

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

  7  except that the child shall not receive temporary cash

  8  assistance if a parent is subsequently released and reunited

  9  with the child; or

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

11  parents' institutionalization is expected to be for an

12  extended period, as defined by the department.

13         Section 7.  This act shall take effect October 1 of the

14  year in which enacted.

15

16            *****************************************

17                          HOUSE SUMMARY

18
      Defines "battered or subject to extreme cruelty" and
19    "domestic violence" with respect to specified provisions
      relating to temporary family assistance.  Provides an
20    exception from the work requirements for certain
      individuals at risk of domestic violence.  Provides an
21    exception for a specified period for certain individuals
      impaired by past incidents of domestic violence.
22    Provides that a person who has been battered or subject
      to extreme cruelty in the United States by a spouse or
23    parent is a "qualified noncitizen" under specified
      circumstances.  Provides for program applicants or
24    participants to receive certain information regarding
      services available from domestic violence centers or
25    organizations and to request referrals thereto.  Provides
      that risk of domestic violence constitutes good cause for
26    failure by a parent or caretaker relative to cooperate
      with paternity establishment or establishment,
27    modification, or enforcement of certain child support
      orders, under specified circumstances.  Permits domestic
28    violence victims to be granted certain hardship
      exemptions from limitations on temporary cash assistance,
29    under specified circumstances. Provides for
      nonapplicability to domestic violence victims of
30    specified provisions limiting temporary cash assistance
      for children born to families receiving temporary cash
31    assistance.

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