House Bill 4317

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    Florida House of Representatives - 1998                HB 4317

        By Representative Dawson-White






  1                      A bill to be entitled

  2         An act relating to the WAGES program; amending

  3         s. 414.065, F.S.; providing protections for

  4         current employees with respect to the

  5         assignment or employment of participants in the

  6         WAGES program; prohibiting displacing or

  7         terminating an existing employee if the

  8         position is filled with a WAGES participant;

  9         prohibiting the impairment of a contract or

10         collective bargaining agreement as a result of

11         the assignment or employment of a WAGES

12         participant; amending s. 414.105, F.S.,

13         relating to time limitations of temporary cash

14         assistance; extending the time limitations if

15         the local WAGES coalition determines and the

16         State Board of Directors certifies that the

17         WAGES program is not fully implemented in the

18         service area; providing an effective date.

19

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

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22         Section 1.  Subsection (12) is added to section

23  414.065, Florida Statutes, to read:

24         414.065  Work requirements.--

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

26  establishing and contracting for work experience and community

27  service activities, other work experience activities,

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

29  supplementation under the WAGES program, the following shall

30  apply:

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    Florida House of Representatives - 1998                HB 4317

    507-161A-98






  1         (1)  An employed worker may not be displaced,

  2  completely or partially; conditions of a person's employment

  3  may not be changed; and hours of nonovertime work, wages, or

  4  employment benefits may not be reduced because of the

  5  assignment or employment of a WAGES participant.

  6         (2)  A WAGES participant may not be assigned to an

  7  activity or employed in a position if:

  8         (a)  Another person is laid off from the same or a

  9  substantially equivalent job within the same organizational

10  unit.

11         (b)  The position is vacant as a result of a strike,

12  lockout, or any other labor dispute.

13         (c)  An employer has created a vacancy or terminated an

14  existing employee without good cause, or otherwise reduced its

15  workforce, with the effect of filling that position with a

16  WAGES participant.

17         (3)  The assignment or employment of a WAGES

18  participant may not impair any contract for services or any

19  collective bargaining agreement in existence on the date of

20  the assignment or employment.

21         (4)  The assignment or employment of a WAGES

22  participant may not infringe in any way upon the promotional

23  opportunities of any person employed within the same

24  organizational unit at the time of the assignment or

25  employment.

26         Section 2.  Subsection (11) is added to section

27  414.105, Florida Statutes, to read:

28         414.105  Time limitations of temporary cash

29  assistance.--Unless otherwise expressly provided in this

30  chapter, an applicant or current participant shall receive

31  temporary cash assistance for episodes of not more than 24

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    Florida House of Representatives - 1998                HB 4317

    507-161A-98






  1  cumulative months in any consecutive 60-month period that

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

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

  4         (11)  If a local WAGES coalition determines that the

  5  WAGES program was not fully implemented in its service area

  6  during any month or portion thereof, and such determination is

  7  certified by the WAGES Program State Board of Directors, an

  8  equal number of days shall be added to the time limitations

  9  provided in this section. In making this determination, the

10  local WAGES coalition may consider whether work activities and

11  support services, including, but not limited to, child care,

12  were available to the individuals subject to the time

13  limitation during the period in which the program was not

14  fully implemented.

15         Section 3.  This act shall take effect upon becoming a

16  law.

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19                          SENATE SUMMARY

20    Prohibits assigning or employing a WAGES participant in
      fulfillment of the work activity requirements of the
21    program if the result of such assignment or employment is
      to displace or terminate the position of a current
22    employee. Requires that the local WAGES coalition extend
      the time that a program participant is eligible to
23    receive temporary cash assistance if the coalition
      determines and the State Board of Directors certifies
24    that the WAGES program is not fully implemented in the
      service area.
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