House Bill 3391c1

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    Florida House of Representatives - 1998             CS/HB 3391

        By the Committee on Children & Family Empowerment and
    Representatives Turnbull, Merchant, Boyd, Tamargo, Bullard,
    Brennan, Dawson-White, Dennis, Chestnut, Heyman, Bloom,
    Frankel, Greene, Crow, Fasano, Murman, Wiles, Hill and
    Cosgrove


  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 "domestic

  5         violence" with respect to specified provisions

  6         relating to temporary family assistance;

  7         amending s. 414.028, F.S., relating to local

  8         WAGES coalitions; prescribing responsibilities

  9         of a local WAGES coalition and the WAGES

10         Program State Board of Directors with respect

11         to development of a plan for victims of

12         domestic violence; providing requirements and

13         guidelines for the local WAGES coalition plan;

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

15         requirements; providing exceptions from the

16         work requirements for certain individuals at

17         risk of domestic violence; providing exceptions

18         for a specified period for certain individuals

19         impaired by past incidents of domestic

20         violence, under certain circumstances;

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

22         services, to incorporate said amendment in a

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

24         to determination of eligibility for the WAGES

25         program; providing that a person who has been

26         battered or subject to extreme cruelty in the

27         United States by a spouse or parent is a

28         "qualified noncitizen" under specified

29         circumstances; providing for program applicants

30         or participants to receive certain information

31         regarding services available from domestic

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  1         violence centers or organizations and to

  2         request referrals thereto; amending s. 414.105,

  3         F.S., relating to time limitations on temporary

  4         cash assistance; permitting domestic violence

  5         victims to be granted hardship exemptions to

  6         allow 3 continuous years of benefits, not

  7         subject to certain percentage limitations,

  8         under specified circumstances; amending s.

  9         414.115, F.S., relating to limited temporary

10         cash assistance for children born to families

11         receiving temporary cash assistance; providing

12         for nonapplicability to certain victims of

13         specified provisions limiting such assistance

14         under certain circumstances; providing an

15         effective date.

16

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

18

19         Section 1.  Present subsections (3) through (10) of

20  section 414.0252, Florida Statutes, are renumbered as

21  subsections (4) through (11) of said section, respectively,

22  and new subsection (3) is added to said section, to read:

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

24  the term:

25         (3)  "Domestic violence" means acts as defined in s.

26  741.28(1) by one "family or household member" as defined in s.

27  741.28(2), upon another.

28         Section 2.  Paragraph (g) is added to subsection (4) of

29  section 414.028, Florida Statutes, to read:

30         414.028  Local WAGES coalitions.--The WAGES Program

31  State Board of Directors shall create and charter local WAGES

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  1  coalitions to plan and coordinate the delivery of services

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

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

  4  the boundaries of the service area for the regional workforce

  5  development board established under the Enterprise Florida

  6  workforce development board. The local delivery of services

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

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

  9  local service providers designated by the regional workforce

10  development boards.

11         (4)  Each local WAGES coalition shall perform the

12  planning, coordination, and oversight functions specified in

13  the statewide implementation plan, including, but not limited

14  to:

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

16  domestic violence.

17         1.  The WAGES Program State Board of Directors shall

18  specify requirements for the local plan, including:

19         a.  The criteria for determining eligibility for

20  exceptions to state work requirements;

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

22  of domestic violence;

23         c.  The time limits of exceptions, which shall in no

24  case result in an adult exceeding the federal time limit for

25  exceptions or the state lifetime benefit limit that the adult

26  would otherwise be entitled to receive; and

27         d.  Annual reports on domestic violence, including

28  progress in reducing domestic violence as a barrier to

29  self-sufficiency among WAGES recipients, local policies and

30  procedures for granting exceptions and exemptions due to

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  1  domestic violence, and the number and percentage of cases in

  2  which exceptions and exemptions are granted.

  3         2.  The local WAGES coalition plan shall specify

  4  provisions for coordination and, where appropriate, delivery

  5  of services, including:

  6         a.  Provisions for coordination with criminal justice

  7  and social services agencies and organizations that provide

  8  services and protection to victims of domestic violence;

  9         b.  Provisions for access to domestic violence support

10  services, including provisions ensuring that WAGES

11  participants are aware of domestic violence shelters,

12  hotlines, and other domestic violence services and policies;

13         c.  Designation of the agency responsible for

14  determining eligibility for exceptions due to domestic

15  violence;

16         d.  Provisions requiring that each individual who

17  receives an exception for domestic violence participates in a

18  program which prepares for self-sufficiency, while requiring

19  the victim and dependents to remove themselves from

20  cohabitation with an abuser within a period not to exceed 120

21  days from the first receipt of benefits after the passage of

22  this act; and

23         e.  Where possible and necessary, job assignments and

24  transportation arrangements which take maximum advantage of

25  opportunities to preserve the safety of a victim of domestic

26  violence and dependents.

27         Section 3.  Subsection (7) of section 414.065, Florida

28  Statutes, is amended to read:

29         414.065  Work requirements.--

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

31  situations listed in this subsection shall constitute

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  1  exceptions to the penalties for noncompliance with

  2  participation requirements, except that these situations do

  3  not constitute exceptions to the applicable time limit for

  4  receipt of temporary cash assistance:

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

  6  cash assistance may not be terminated for refusal to

  7  participate in work activities if the individual is a single

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

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

10  Department of Labor and Employment Security an inability to

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

12  reasons:

13         1.  Unavailability of appropriate child care within a

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

15         2.  Unavailability or unsuitability of informal child

16  care by a relative or under other arrangements.

17         3.  Unavailability of appropriate and affordable formal

18  child care arrangements.

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

20  individual who is determined to be unable to comply with work

21  requirements because such compliance would make it probable

22  that the individual would be unable to escape domestic

23  violence shall be excepted from such requirements pursuant to

24  s. 414.028(4)(g).  However, the individual shall comply with a

25  plan that specifies alternative requirements that prepare the

26  victim for self-sufficiency while providing for the safety of

27  the victim and dependents.  Exceptions granted under this

28  paragraph do not constitute exceptions to the time limitations

29  on benefits under s. 414.105.

30         (c)  Noncompliance related to treatment or remediation

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

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  1  determined to be unable to comply with work requirements

  2  pursuant to this section due to mental or physical impairment

  3  related to past incidents of domestic violence may be excepted

  4  from work activities for a specific period pursuant to s.

  5  414.028(4)(g), except that such individual shall comply with a

  6  plan that specifies alternative requirements that prepare the

  7  victim for self-sufficiency while providing for the safety of

  8  the victim and dependents. The plan shall include the

  9  counseling or course of treatment necessary for the individual

10  to resume participation.  The need for treatment and the

11  expected duration of such treatment shall be verified by a

12  physician licensed pursuant to chapter 458 or chapter 459, a

13  psychologist licensed pursuant to s. 490.005(1), s. 490.006,

14  or the provision identified as s. 490.013(2) in s. 1, chapter

15  81-235, Laws of Florida, a therapist licensed pursuant to s.

16  491.003(2) or (6), or a treatment professional who is

17  registered under s. 415.605(1)(g) and authorized to maintain

18  confidentiality pursuant to  s. 90.5036(1)(d), and who has a

19  minimum of 2 years' experience at a certified domestic

20  violence center. Exceptions granted under this paragraph do

21  not constitute exceptions to the time limitations on benefits

22  under s. 414.105.

23         (d)(b)  Noncompliance related to medical

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

25  work activities due to a medical incapacity, the individual

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

27  except that the individual shall be required to comply with

28  the course of treatment necessary for the individual to resume

29  participation. A participant may not be excused from work

30  activity requirements unless the participant's medical

31  incapacity is verified by a physician licensed under chapter

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  1  458 or chapter 459, in accordance with procedures established

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

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

  4  noncompliance.--Individuals who are temporarily unable to

  5  participate due to circumstances beyond their control may be

  6  excepted from the noncompliance penalties. The Department of

  7  Labor and Employment Security may define by rule situations

  8  that would constitute good cause. These situations must

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

10  the care has been verified and alternate care is not

11  available.

12         Section 4.  For the purpose of incorporating the

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

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

15  read:

16         414.20  Other support services.--Support services shall

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

18  complying with work activity requirements outlined in s.

19  414.065. If resources do not permit the provision of needed

20  support services, the department and the Department of Labor

21  and Employment Security may prioritize or otherwise limit

22  provision of support services. This section does not

23  constitute an entitlement to support services. Lack of

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

25  determining whether good cause exists for failing to comply

26  with work activity requirements but does not automatically

27  constitute good cause for failing to comply with work activity

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

29  the receipt of temporary cash assistance or the provision of

30  services under this chapter. Support services shall include,

31  but need not be limited to:

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

  2  provided to any participant when the assistance is needed to

  3  comply with work activity requirements or employment

  4  requirements, including transportation to and from a child

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

  6  advance or through reimbursement paid against receipts or

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

  8  transportation resources to expand transportation options

  9  available to participants. These services may include

10  cooperative arrangements with local transit authorities or

11  school districts and small enterprise development.

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

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

14  with work activity requirements or employment requirements may

15  be provided.

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

17  eligibility requirements for Medicaid shall receive medical

18  services under the Medicaid program.

19         (4)  PERSONAL AND FAMILY COUNSELING AND

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

21  a personal or family problem or problems caused by substance

22  abuse that is a barrier to compliance with work activity

23  requirements or employment requirements. In providing these

24  services, the department and the Department of Labor and

25  Employment Security shall use services that are available in

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

27  available, the department and the Department of Labor and

28  Employment Security may use support services funds. Personal

29  or family counseling not available through Medicaid may not be

30  considered a medical service for purposes of the required

31  statewide implementation plan or use of federal funds.

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

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

  3  said section is amended to read:

  4         414.095  Determining eligibility for the WAGES

  5  Program.--

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

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

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

  9  207 and 208 of the Immigration and Nationality Act, an alien

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

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

12  admitted as a permanent resident and meets specific criteria

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

14  includes an individual who has been battered or subject to

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

16  and has applied for or received protection under the federal

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

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

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

20  business visitor, foreign student, exchange visitor, temporary

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

22  includes an individual paroled into the United States for less

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

24  may receive temporary cash assistance to the extent permitted

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

26  sponsor's spouse shall be included in determining eligibility

27  to the maximum extent permitted by federal law.

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

29  ineligible alien is eligible for temporary cash assistance

30  under this chapter if the family meets all eligibility

31  requirements.

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

  2  the parent must participate in the work activity requirements

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

  4  law.

  5         (c)  The department shall participate in the Systematic

  6  Alien Verification for Entitlements Program (SAVE) established

  7  by the United States Immigration and Naturalization Service in

  8  order to verify the validity of documents provided by aliens

  9  and to verify an alien's eligibility.

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

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

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

13  to participate in the program.

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

15  disqualified individual who is a mandatory member of a family

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

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

18  applicant or participant in the WAGES Program has the

19  following opportunities and obligations:

20         (g)  To receive information regarding services

21  available from certified domestic violence centers or

22  organizations that provide counseling and supportive services

23  to individuals who are past or present victims of domestic

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

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

26  which protects the individual's confidentiality.

27         Section 6.  Subsections (3) through (10) of section

28  414.105, Florida Statutes, are renumbered as subsections (4)

29  through (11), respectively, and a new subsection (3) is added

30  to said section, to read:

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  1         414.105  Time limitations of temporary cash

  2  assistance.--Unless otherwise expressly provided in this

  3  chapter, an applicant or current participant shall receive

  4  temporary cash assistance for episodes of not more than 24

  5  cumulative months in any consecutive 60-month period that

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

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

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

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

10  exemption if the effects of such domestic violence delay or

11  otherwise interrupt or adversely affect the individual's

12  participation in the program.  Hardship exemptions granted

13  under this subsection shall not be subject to the percentage

14  limitations in subsection (2).

15         Section 7.  Subsection (2) of section 414.115, Florida

16  Statutes, is amended to read:

17         414.115  Limited temporary cash assistance for children

18  born to families receiving temporary cash assistance.--

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

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

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

22  incest within 30 days after the incident;

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

24  Title IV-D agency as having been granted an exemption to child

25  support enforcement participation for circumstances consistent

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

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

28  claimed under this provision and for whom an application for a

29  good cause exemption from s. 414.095 has been made shall

30  receive temporary benefits until a determination is reached on

31  the application for a good cause exemption from s. 414.095.

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

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

  3  in a temporary cash assistance group who as minors become

  4  first-time parents;

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

  6  legally transferred; or

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

  8  his or her parents as a result of:

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

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

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

12  unable to care for the child;

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

14  another individual;

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

16  except that the child shall not receive temporary cash

17  assistance if a parent is subsequently released and reunited

18  with the child; or

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

20  parents' institutionalization is expected to be for an

21  extended period, as defined by the department.

22         Section 8.  This act shall take effect October 1 of the

23  year in which enacted.

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