CODING: Words stricken are deletions; words underlined are additions.

House Bill 0779c1

Florida House of Representatives - 1997 CS/HB 779 By the Committee on Children & Family Empowerment and Representatives Murman and Chestnut 1 A bill to be entitled 2 An act relating to the "Work and Gain Economic 3 Self-sufficiency (WAGES) Act"; amending s. 4 414.065, F.S.; raising the age limit for 5 qualifying to receive continuing support 6 through a protective payee in circumstances 7 involving a family member's repeated 8 noncompliance with work requirements of the 9 act; revising who may be a protective payee; 10 providing that the protective payee may receive 11 food stamps on behalf of a child or children; 12 prohibiting certain actions by a protective 13 payee; providing sanctions; providing for 14 return of certain funds to the Department of 15 Children and Family Services; providing an 16 effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Subsection (5) of section 414.065, Florida 21 Statutes, 1996 Supplement, is amended to read: 22 414.065 Work requirements.-- 23 (5) CONTINUATION OF ASSISTANCE FOR CHILDREN; 24 PROTECTIVE PAYEES.-- 25 (a) Upon the second or third occurrence of 26 noncompliance, assistance for the child or children in a 27 family who are under age 16 12 may be continued pursuant to 28 this section. Any such payments must be made through a 29 protective payee. Under no circumstances shall such 30 assistance be paid to an individual who has failed to comply 31 with program requirements. 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 779 602-110-97 1 (b) Protective payees shall be designated by the 2 department and may include: 3 1. For a child under age 12, a relative or other 4 individual who is interested in or concerned with the welfare 5 of the child or children and agrees in writing to utilize the 6 assistance in the best interest of the child or children. 7 2. A member of the community affiliated with a 8 religious, community, neighborhood, or charitable organization 9 who agrees in writing to utilize the assistance in the best 10 interest of the child or children. 11 3. A volunteer or member of an organization who agrees 12 in writing to fulfill the role of protective payee and to 13 utilize the assistance in the best interest of the child or 14 children. 15 4. For a child or children age 12 and over but under 16 age 16, a nonrelated individual who is interested in or 17 concerned with the welfare of the child or children and agrees 18 in writing to utilize the assistance in the best interest of 19 the child or children. 20 (c) The protective payee designated by the department 21 shall be the authorized representative for purposes of 22 receiving food stamps on behalf of a child or children under 23 age 16. The authorized representative must agree in writing to 24 use the food stamps in the best interest of the child or 25 children. 26 (d)(c) If it is in the best interest of the child or 27 children, as determined by the department, for the staff 28 member of a private agency, a public agency, the department, 29 or any other appropriate organization to serve as a protective 30 payee, such designation may be made, except that a protective 31 payee must not be any individual involved in determining 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 779 602-110-97 1 eligibility for assistance for the family, staff handling any 2 fiscal processes related to issuance of assistance, or 3 landlords, grocers, or vendors of goods, services, or items 4 dealing directly with the participant. 5 (e) The protective payee may not turn over the 6 assistance to the parent or parents who are under sanction for 7 noncompliance pursuant to subsection (4). Failure to comply 8 with this requirement shall result in the following: 9 1. For a family under sanction for a first 10 noncompliance, the penalty for a second noncompliance shall 11 apply; 12 2. For a family under sanction for a second 13 noncompliance, the penalty for a third noncompliance shall 14 apply; and 15 3. A family under sanction for a third noncompliance 16 shall have their assistance terminated. 17 (f) Funds found by the department to have been 18 expended for a purpose other than the best interest of the 19 child or children or to have been turned over to a parent or 20 parents who are under sanction shall be returned to the 21 department. 22 (g)(d) The department may pay incidental expenses or 23 travel expenses for costs directly related to performance of 24 the duties of a protective payee as necessary to implement the 25 provisions of this subsection. 26 (h)(e) In the event the department is unable to 27 designate a qualified protective payee, a referral shall be 28 made under the provisions of chapter 415 for protective 29 intervention. 30 Section 2. This act shall take effect July 1, 1997. 31 3