CODING: Words stricken are deletions; words underlined are additions.House Bill 0953
Florida House of Representatives - 1997 HB 953
By Representative Dawson-White
1 A bill to be entitled
2 An act relating to the WAGES Program; amending
3 s. 414.0252, F.S.; revising definitions;
4 conforming terminology to reflect the
5 reorganization of the Department of Health and
6 Rehabilitative Services and the creation of the
7 Department of Children and Family Services;
8 amending s. 414.026, F.S.; revising membership
9 of the WAGES Program State Board of Directors;
10 deleting obsolete provisions; amending s.
11 414.027, F.S., relating to the WAGES Program
12 statewide implementation plan; conforming
13 terminology to reflect the redesignation of the
14 Enterprise Florida Jobs and Education
15 Partnership as the workforce development board;
16 amending s. 414.028, F.S., relating to local
17 WAGES coalitions; deleting a provision that
18 allowed a member of a local coalition to
19 benefit financially from transactions of the
20 coalition under certain circumstances;
21 requiring the local coalition to select an
22 entity to administer the program and financial
23 plan; amending s. 414.029, F.S.; specifying
24 certain tax exemptions allowed to a business
25 that provides jobs for program participants;
26 amending s. 414.065, F.S., relating to work
27 requirements; clarifying duties of the
28 Department of Children and Family Services and
29 the Department of Labor and Employment Security
30 with respect to program implementation;
31 deleting obsolete provisions for implementing
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1 the program if the Federal Government failed to
2 enact welfare-reform legislation; amending ss.
3 414.075, 414.085, 414.095, F.S., relating to
4 resource and income eligibility standards and
5 the determination of eligibility; clarifying
6 certain requirements under which a person is
7 eligible to participate in the WAGES Program;
8 amending s. 414.105, F.S., relating to time
9 limitations for receiving temporary cash
10 assistance under the WAGES Program; deleting a
11 future repeal of such provisions; amending s.
12 414.115, F.S.; clarifying circumstances under
13 which assistance is limited if additional
14 children are born to a family that receives
15 temporary cash assistance; amending s. 414.122,
16 F.S.; revising procedures for the department in
17 withholding payments based on evidence of
18 fraud; amending s. 414.125, F.S.; providing for
19 sanctions to be imposed if a participant fails
20 to attend a conference with a school official
21 as required under the Learnfare Program;
22 amending s. 414.15, F.S., relating to diversion
23 assistance; clarifying provisions for
24 determining eligibility; amending s. 414.16,
25 F.S., relating to emergency assistance;
26 correcting a cross-reference; amending s.
27 414.175, F.S., relating to the review of
28 waivers granted by the Federal Government;
29 clarifying provisions; amending s. 414.20,
30 F.S.; clarifying the duties of the Department
31 of Labor and Employment Security with respect
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1 to support services provided under the WAGES
2 Program; amending ss. 414.21, 414.22, 414.23,
3 414.24, F.S., relating to transitional
4 benefits, evaluations, and the integrated
5 delivery of services; clarifying the duties of
6 the Department of Labor and Employment
7 Security; amending s. 414.25, F.S., relating to
8 an exemption from requirements for leasing real
9 property; correcting provisions to reflect the
10 creation of the Department of Children and
11 Family Services; amending s. 414.27, F.S.;
12 clarifying provisions for paying temporary cash
13 assistance upon the death of the recipient;
14 amending s. 414.28, F.S.; clarifying procedures
15 for making a claim against the estate of a
16 recipient of public assistance; amending s.
17 414.29, F.S.; providing that lists of persons
18 who have received temporary cash assistance are
19 a public record; amending s. 414.32, F.S.;
20 clarifying provisions under which a person's
21 food stamp allotment is reduced or terminated;
22 amending s. 414.35, F.S., relating to emergency
23 relief; clarifying provisions; amending s.
24 414.36, F.S.; clarifying requirements for the
25 Department of Children and Family Services with
26 respect to recovering overpayments of public
27 assistance; amending s. 414.38, F.S.;
28 clarifying duties of the department with
29 respect to a pilot work experience and job
30 training program for noncustodial parents;
31 amending ss. 414.39, 414.40, F.S., relating to
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1 penalties for fraudulently obtaining public
2 assistance and the Stop Inmate Fraud Program;
3 revising provisions to reflect changes in
4 terminology and the transfer of responsibility
5 for persons receiving temporary cash assistance
6 to the Department of Children and Family
7 Services; amending s. 414.41, F.S., relating to
8 the recovery of payments; clarifying duties of
9 the Agency for Health Care Administration with
10 respect to collecting overpayments of Medicaid
11 funds; amending s. 414.42, F.S.; revising
12 provisions to reflect the responsibilities of
13 the Department of Children and Family Services
14 with respect to public assistance programs;
15 amending ss. 414.44, 414.45, F.S.; authorizing
16 the Department of Labor and Employment Security
17 to collect data, make reports required under
18 federal law, and adopt rules; amending s.
19 414.55, F.S.; requiring that the Governor take
20 certain actions with respect to implementing a
21 community work program; providing requirements
22 for determining eligibility for individuals
23 assigned to an ongoing evaluation; providing
24 for the evaluation agreement to continue
25 regardless of federal waivers; amending s.
26 402.313, F.S.; providing requirements for
27 standards established for family day care homes
28 that provide subsidized child care; providing
29 an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Subsections (3), (7), and (8) of section
2 414.0252, Florida Statutes, 1996 Supplement, are amended, and
3 subsection (10) is added to that section, to read:
4 414.0252 Definitions.--As used in ss. 414.015-414.45,
5 the term:
6 (3) "Department" means the Department of Children and
7 Family Health and Rehabilitative Services.
8 (7) "Participant" means an individual who has applied
9 for or receives temporary assistance or services under the
10 WAGES Program.
11 (8) "Public assistance" means benefits paid on the
12 basis of the temporary cash family assistance, food stamp,
13 Medicaid, or optional state supplementation program.
14 (10) "Temporary cash assistance" means cash assistance
15 provided under the state program certified under Title IV-A of
16 the Social Security Act, as amended.
17 Section 2. Paragraph (a) of subsection (2) of section
18 414.026, Florida Statutes, 1996 Supplement, is amended to
19 read:
20 414.026 WAGES Program State Board of Directors.--
21 (2)(a) The board of directors shall be composed of the
22 following members:
23 1. The Commissioner of Education, or the
24 commissioner's designee.
25 2. The Secretary of Children and Family Health and
26 Rehabilitative Services.
27 3. The Secretary of Health.
28 4.3. The Secretary of Labor and Employment Security.
29 5.4. The Secretary of Community Affairs.
30 6. The director of the Office of Tourism, Trade, and
31 Economic Development.
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1 5. The Secretary of Commerce.
2 7.6. The president of Enterprise Florida Jobs and
3 Education Partnership, established under s. 288.9620 s.
4 288.0475.
5 8.7. Nine members appointed by the Governor, as
6 follows:
7 a. Six members shall be appointed from a list of ten
8 nominees, of which five must be submitted by the President of
9 the Senate and five must be submitted by the Speaker of the
10 House of Representatives. The list of five nominees submitted
11 by the President of the Senate and the Speaker of the House of
12 Representatives must each contain at least three individuals
13 employed in the private sector, two of whom must have
14 management experience. One of the five nominees submitted by
15 the President of the Senate and one of the five nominees
16 submitted by the Speaker of the House of Representatives must
17 be an elected local government official who shall serve as an
18 ex officio member.
19 b. Three members shall be at-large members appointed
20 by the Governor.
21 c. Of the nine members appointed by the Governor, at
22 least six must be employed in the private sector and of these,
23 at least five must have management experience.
24
25 The members appointed by the Governor shall be appointed to
26 4-year, staggered terms. Within 60 days after a vacancy occurs
27 on the board, the Governor shall fill the vacancy of a member
28 appointed from the nominees submitted by the President of the
29 Senate and the Speaker of the House of Representatives for the
30 remainder of the unexpired term from one nominee submitted by
31 the President of the Senate and one nominee submitted by the
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1 Speaker of the House of Representatives. Within 60 days after
2 a vacancy of a member appointed at-large by the Governor
3 occurs on the board, the Governor shall fill the vacancy for
4 the remainder of the unexpired term. The composition of the
5 board must generally reflect the racial, gender, and ethnic
6 diversity of the state as a whole. The list of initial five
7 nominees shall be submitted by the President of the Senate and
8 the Speaker of the House of Representatives by July 1, 1996,
9 and the initial appointments by the Governor shall be made by
10 September 1, 1996.
11 Section 3. Subsection (1) of section 414.027, Florida
12 Statutes, 1996 Supplement, is amended to read:
13 414.027 WAGES Program statewide implementation plan.--
14 (1) By December 31, 1996, The WAGES Program State
15 Board of Directors shall submit to the Governor, the President
16 of the Senate, and the Speaker of the House of Representatives
17 a statewide plan for implementing the WAGES Program
18 established under this chapter. At a minimum, the statewide
19 implementation plan must include:
20 (a) Performance standards, measurement criteria, and
21 contract guidelines for all services provided under the WAGES
22 Program whether by state employees or contract providers.
23 (b) Directives for creating and chartering local WAGES
24 coalitions to plan and coordinate the delivery of services
25 under the WAGES Program at the local level.
26 (c) The approval of the implementation plans submitted
27 by local WAGES coalitions.
28 (d) Recommendations for clarifying, or if necessary,
29 modifying the roles of the state agencies charged with
30 implementing the WAGES Program so that all unnecessary
31 duplication is eliminated.
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1 (e) Recommendations for modifying compensation and
2 incentive programs for state employees in order to achieve the
3 performance outcomes necessary for successful implementation
4 of the WAGES Program.
5 (f) Criteria for allocating WAGES Program resources to
6 local WAGES coalitions. Such criteria must include weighting
7 factors that reflect the relative degree of difficulty
8 associated with securing employment placements for specific
9 subsets of the welfare transition caseload.
10 (g) The development of a performance-based payment
11 structure to be used for all WAGES Program services, which
12 takes into account the following:
13 1. The degree of difficulty associated with placing a
14 WAGES Program participant in a job;
15 2. The quality of the placement with regard to salary,
16 benefits, and opportunities for advancement; and
17 3. The employee's retention of the placement.
18
19 The payment structure shall provide not more than 40 percent
20 of the cost of services provided to a WAGES participant prior
21 to placement, 50 percent upon employment placement, and 10
22 percent if employment is retained for at least 6 months. The
23 payment structure should provide bonus payments to providers
24 that experience notable success in achieving long-term job
25 retention with WAGES Program participants. The board shall
26 consult with the Enterprise Florida workforce development
27 board Jobs and Education Partnership in developing the WAGES
28 Program statewide implementation plan.
29 Section 4. Section 414.028, Florida Statutes, 1996
30 Supplement, is amended to read:
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1 414.028 Local WAGES coalitions.--The WAGES Program
2 State Board of Directors shall create and charter local WAGES
3 coalitions to plan and coordinate the delivery of services
4 under the WAGES Program at the local level. The boundaries of
5 the service area for a local WAGES coalition shall conform to
6 the boundaries of the service area for the jobs and education
7 regional board established under the Enterprise Florida
8 workforce development board Jobs and Education Partnership.
9 The local delivery of services under the WAGES Program shall
10 be coordinated, to the maximum extent possible, with the local
11 services and activities of the local service providers
12 designated by the regional workforce development boards.
13 (1)(a) Each local WAGES coalition must have a minimum
14 of 11 members, of which at least one-half must be from the
15 business community. The composition of the coalition
16 membership must generally reflect the racial, gender, and
17 ethnic diversity of the community as a whole. All members
18 shall be appointed to 3-year terms. The membership of each
19 coalition must include:
20 1. Representatives of the principal entities that
21 provide funding for the employment, education, training, and
22 social service programs that are operated in the service area,
23 including, but not limited to, representatives of local
24 government, the regional workforce development board, and the
25 United Way.
26 2. A representative of the health and human services
27 board.
28 3. A representative of a community development board.
29 4. Three representatives of the business community who
30 represent a diversity of sizes of businesses.
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1 5. Representatives of other local planning,
2 coordinating, or service-delivery entities.
3 6. A representative of a grassroots community or
4 economic development organization that serves the poor of the
5 community.
6 (b) A representative of an agency or entity that could
7 benefit financially from funds appropriated under the WAGES
8 Program may not be a member of a local WAGES coalition.
9 (c) A member of the board of a public or private
10 educational institution may not serve as a member of a local
11 WAGES coalition.
12 (d) A representative of any county governing body that
13 elects to provide services through the local WAGES coalition
14 shall be an ex officio, nonvoting member of the coalition.
15 (2) A local WAGES coalition and a workforce
16 development jobs and education regional board may be combined
17 into one board if the membership complies with subsection (1),
18 and if the membership of the combined board meets the
19 requirements of Pub. L. No. 97-300, the federal Job Training
20 Partnership Act, as amended, and with any law delineating the
21 membership requirements for the regional workforce development
22 boards. Notwithstanding paragraph (1)(b), in a region in which
23 the duties of the two boards are combined, a person may be a
24 member of the WAGES coalition even if the member, or the
25 member's principal, could benefit financially from
26 transactions of the coalition.
27 (3) The statewide implementation plan prepared by the
28 WAGES Program State Board of Directors shall prescribe and
29 publish the process for chartering the local WAGES coalitions.
30 (4) Each local WAGES coalition shall perform the
31 planning, coordination, and oversight functions specified in
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1 the statewide implementation plan, including, but not limited
2 to:
3 (a) Developing a program and financial plan to achieve
4 the performance outcomes specified by the WAGES Program State
5 Board of Directors for current and potential program
6 participants in the service area. The plan must reflect the
7 needs of service areas for seed money to create programs that
8 assist children of WAGES participants.
9 (b) Developing a funding strategy to implement the
10 program and financial plan which incorporates resources from
11 all principal funding sources.
12 (c) Identifying employment, service, and support
13 resources in the community which may be used to fulfill the
14 performance outcomes of the WAGES Program.
15 (d) In cooperation with the workforce development jobs
16 and education regional board, coordinating the implementation
17 of one-stop career centers.
18 (e) Advising the Department of Children and Family
19 Health and Rehabilitative Services and the Department of Labor
20 and Employment Security with respect to the competitive
21 procurement of services under the WAGES Program.
22 (f) Selecting an entity to administer the program and
23 financial plan, such as a unit of a political subdivision
24 within the service area, a not-for-profit private organization
25 or corporation, or any other entity agreed upon by the local
26 WAGES coalition.
27 (5) The WAGES Program State Board of Directors may not
28 approve the program and financial plan of a local coalition
29 unless the plan provides a teen pregnancy prevention component
30 that includes, but is not necessarily limited to, a plan for
31 implementing the Florida Education Now and Babies Later
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1 (ENABL) program under s. 411.242 and the Teen Pregnancy
2 Prevention Community Initiative within each segment of the
3 service area in which the childhood birth rate is higher than
4 the state average.
5 (6) Local employees of the department and the
6 Department of Labor and Employment Security shall provide
7 staff support for the local WAGES coalitions. At the option of
8 the local WAGES coalition, staff support may be provided by
9 another agency or entity if it can be provided at no cost to
10 the state and if the support is not provided by an agency or
11 other entity that could benefit financially from funds
12 appropriated to implement the WAGES Program.
13 Section 5. Section 414.029, Florida Statutes, 1996
14 Supplement, is amended to read:
15 414.029 WAGES Program Business Registry.--Each local
16 WAGES coalition created pursuant to s. 414.028 must establish
17 a business registry for business firms committed to assist in
18 the effort of finding jobs for WAGES program participants.
19 Registered businesses agree to work with the coalition and to
20 hire WAGES program participants to the maximum extent possible
21 consistent with the nature of their business. Each quarter,
22 the coalition must publish a list of businesses registered as
23 a prerequisite for receiving a tax exemption provided under s.
24 212.08(5)(b) or s. 212.08(7)(ii) and the number of jobs each
25 has provided for program participants.
26 Section 6. Paragraphs (b), (d), (e), (f), and (h) of
27 subsection (1), and subsections (2), (3), (4), (5), (6), (7),
28 (9), (10), and (11) of section 414.065, Florida Statutes, 1996
29 Supplement, are amended to read:
30 414.065 Work requirements.--
31
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1 (1) WORK ACTIVITIES.--The following activities may be
2 used individually or in combination to satisfy the work
3 requirements for a participant in the WAGES Program:
4 (b) Subsidized private sector employment.--Subsidized
5 private sector employment is employment in a private
6 for-profit enterprise or a private not-for-profit enterprise
7 which is directly supplemented by federal or state funds. A
8 subsidy may be provided in one or more of the forms listed in
9 this paragraph.
10 1. Work supplementation.--A work supplementation
11 subsidy diverts a participant's temporary cash assistance
12 under the program to the employer. The employer must pay the
13 participant wages that equal or exceed the applicable federal
14 minimum wage. Work supplementation may not exceed 6 months. At
15 the end of the supplementation period, the employer is
16 expected to retain the participant as a regular employee
17 without receiving a subsidy for at least 12 months. The work
18 supplementation agreement must provide that if the employee is
19 dismissed at any time within 12 months after termination of
20 the supplementation period due in any part to loss of the
21 supplement, the employer shall repay some or all of the
22 supplement previously paid as a subsidy to the employer under
23 the WAGES Program.
24 2. On-the-job training.--On-the-job training is
25 full-time, paid employment in which the employer provides
26 training needed for the participant to perform the skills
27 required for the position. The employer receives a subsidy to
28 offset the cost of the training provided to the participant.
29 Upon satisfactory completion of the training, the employer is
30 expected to retain the participant as a regular employee
31 without receiving a subsidy. The on-the-job training agreement
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1 must provide that in the case of dismissal of a participant
2 due to loss of the subsidy, the employer shall repay some or
3 all of the subsidy previously provided by the department and
4 the Department of Labor and Employment Security.
5 3. Incentive payments.--The department and the
6 Department of Labor and Employment Security may provide
7 additional incentive payments to encourage employers to employ
8 program participants. Incentive payments may include payments
9 to encourage the employment of hard-to-place participants, in
10 which case the amount of the payment shall be weighted
11 proportionally to the extent to which the participant has
12 limitations associated with the long-term receipt of welfare
13 and difficulty in sustaining employment. In establishing
14 incentive payments, the department and the Department of Labor
15 and Employment Security shall consider the extent of prior
16 receipt of welfare, lack of employment experience, lack of
17 education, lack of job skills, and other appropriate factors.
18 A participant who has complied with program requirements and
19 who is approaching the time limit for receiving temporary cash
20 assistance may be defined as "hard-to-place." Incentive
21 payments may include payments in which an initial payment is
22 made to the employer upon the employment of a participant, and
23 the majority of the incentive payment is made after the
24 employer retains the participant as a full-time employee for
25 at least 12 months. The incentive agreement must provide that
26 if the employee is dismissed at any time within 12 months
27 after termination of the incentive payment period due in any
28 part to loss of the incentive, the employer shall repay some
29 or all of the payment previously paid as an incentive to the
30 employer under the WAGES Program.
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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 (d) Community service work experience.--Community
10 service work experience is job training experience at a
11 supervised public or private not-for-profit agency. A
12 participant shall receive temporary cash assistance in the
13 form of wages, which, when combined with the value of food
14 stamps awarded to the participant, is that are proportional to
15 the amount of time worked. A participant assigned to community
16 service work experience shall be deemed an employee of the
17 state for purposes of workers' compensation coverage and is
18 subject to the requirements of the drug-free workplace
19 program. As used in this paragraph, the terms "community
20 service experience," "community work," and "workfare" are
21 synonymous.
22 (e) Job search and job readiness assistance.--Job
23 search assistance may include supervised or unsupervised
24 job-seeking activities. Job readiness assistance provides
25 support for job-seeking activities, which may include:
26 1. Orientation to the world of work and basic
27 job-seeking and job retention skills.
28 2. Instruction in completing an application for
29 employment and writing a resume.
30 3. Instruction in conducting oneself during a job
31 interview, including appropriate dress.
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1
2 Job readiness assistance may also include providing a
3 participant with access to an employment resource center that
4 contains job listings, telephones, facsimile machines,
5 typewriters, and word processors. Job search and job readiness
6 activities may be used in conjunction with other program
7 activities, such as work experience, but may not be the
8 primary work activity for, may not be used in conjunction with
9 other program activities such as work experience, and may not
10 continue longer than the length of time permitted under
11 federal law.
12 (f) Vocational education or training.--Vocational
13 education or training is education or training designed to
14 provide participants with the skills and certification
15 necessary for employment in an occupational area. Vocational
16 education or training may be used as a primary program
17 activity for participants when it has been determined that the
18 individual has demonstrated compliance with other phases of
19 program participation and successful completion of the
20 vocational education or training is likely to result in
21 employment entry at a higher wage than the participant would
22 have been likely to attain without completion of the
23 vocational education or training. Vocational education or
24 training may be combined with other program activities and
25 also may be used to upgrade skills or prepare for a higher
26 paying occupational area for a participant who is employed.
27 1. Vocational education shall not be used as the
28 primary program activity for a period which exceeds 12 months.
29 In addition, use of vocational education or training shall be
30 restricted to not more than 20 percent of adult participants,
31 or subject to other limitation as established in federal law.
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1 Vocational education included in a program leading to a high
2 school diploma shall not be considered vocational education
3 for purposes of this section.
4 2. To the maximum extent possible, a provider of
5 vocational education or training shall use funds provided by
6 funding sources other than the department or the Department of
7 Labor and Employment Security. Either The department may
8 provide additional funds to a vocational education or training
9 provider only if payment is made pursuant to a
10 performance-based contract. Under a performance-based
11 contract, the provider may be partially paid when a
12 participant completes education or training, but the majority
13 of payment shall be made following the participant's
14 employment at a specific wage or job retention for a specific
15 duration. Performance-based payments made under this
16 subparagraph are limited to education or training for targeted
17 occupations identified by the Occupational Forecasting
18 Conference under s. 216.136, or other programs identified by
19 the workforce development board Enterprise Florida Jobs and
20 Education Partnership. A contract with a community college or
21 school district must conform to the provisions of ss. 239.249
22 and 240.40685.
23 (h) Education services related to employment for
24 participants 19 years of age or younger.--Education services
25 provided under this paragraph are designed to prepare a
26 participant for employment in an occupation. The department
27 and the Department of Labor and Employment Security shall
28 coordinate education services with the school-to-work
29 activities provided under s. 229.595. Activities provided
30 under this paragraph are restricted to participants 19 years
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1 of age or younger who have not completed high school or
2 obtained a high school equivalency diploma.
3 (2) WORK ACTIVITY REQUIREMENTS.--Each adult
4 participant who is not otherwise exempt must participate in a
5 work activity for the maximum number of hours allowable under
6 federal law provided that no participant be required to work
7 more than 40 hours per week or less than the minimum number of
8 hours required by federal law. An applicant shall be referred
9 for employment at the time of application if the applicant is
10 eligible to participate in the WAGES Program.
11 (3) EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The
12 following individuals are exempt from work activity
13 requirements:
14 (a) A minor child under age 16, except that a child
15 exempted from this provision shall be subject to the
16 requirements of paragraph (1)(i) and s. 414.125.
17 (b) An individual who receives is eligible for
18 benefits under the Supplemental Social Security Income (SSI)
19 program or the Social Security Disability Insurance program
20 due to age or disability.
21 (c) Adults who are not included in the calculation of
22 temporary cash assistance benefits in child-only cases.
23 (d) One custodial parent with a child under 3 months
24 of age, except that the parent may be required to attend
25 parenting classes or other activities to better prepare for
26 the responsibilities of raising a child. If the custodial
27 parent is age 19 or younger and has not completed high school
28 or the equivalent, he or she may be required to attend school
29 or other appropriate educational activities.
30 (4) PENALTIES FOR NONPARTICIPATION IN WORK
31 REQUIREMENTS.--The department and the Department of Labor and
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1 Employment Security shall establish procedures for
2 administering penalties for nonparticipation in work
3 requirements. If an individual in a family receiving temporary
4 cash assistance fails to engage in work activities required in
5 accordance with this section, the following penalties shall
6 apply:
7 (a) First noncompliance: temporary cash assistance
8 shall be terminated for the family until the individual who
9 failed to comply does so, and food stamp benefits shall not be
10 increased as a result of the loss of temporary cash
11 assistance.
12 (b) Second noncompliance: temporary cash assistance
13 and food stamps shall be terminated for the family until the
14 individual demonstrates compliance in the required work
15 activity for a period of 30 days. Upon compliance, temporary
16 cash assistance and food stamps shall be reinstated to the
17 date of compliance. Prior to the imposition of sanctions for
18 a second noncompliance, the participant shall be interviewed
19 to determine why full compliance has not been achieved. The
20 participant shall be counseled regarding compliance and, if
21 appropriate, shall be referred for services that could assist
22 the participant to fully comply with program requirements.
23 (c) Third noncompliance: temporary cash assistance
24 and food stamps shall be terminated for the family for 3
25 months. The individual shall be required to demonstrate
26 compliance in the work activity upon completion of the 3-month
27 penalty period, before reinstatement of temporary cash
28 assistance and food stamps.
29
30 If a participant fully complies with work activity
31 requirements for at least 6 months, the participant shall be
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1 reinstated as being in full compliance with program
2 requirements for purpose of sanctions imposed under this
3 section.
4 (5) CONTINUATION OF TEMPORARY CASH ASSISTANCE FOR
5 CHILDREN; PROTECTIVE PAYEES.--
6 (a) Upon the second or third occurrence of
7 noncompliance, temporary cash assistance and food stamps for
8 the child or children in a family who are under age 12 may be
9 continued. Any such payments must be made through a protective
10 payee or, in the case of food stamps, through an authorized
11 representative. Under no circumstances shall temporary cash
12 such assistance or food stamps be paid to an individual who
13 has failed to comply with program requirements.
14 (b) Protective payees shall be designated by the
15 department and may include:
16 1. A relative or other individual who is interested in
17 or concerned with the welfare of the child or children and
18 agrees in writing to utilize the assistance in the best
19 interest of the child or children.
20 2. A member of the community affiliated with a
21 religious, community, neighborhood, or charitable organization
22 who agrees in writing to utilize the assistance in the best
23 interest of the child or children.
24 3. A volunteer or member of an organization who agrees
25 in writing to fulfill the role of protective payee and to
26 utilize the assistance in the best interest of the child or
27 children.
28 (c) The protective payee designated by the department
29 shall be the authorized representative for purposes of
30 receiving food stamps on behalf of a child or children under
31 age 12. The authorized representative must agree in writing to
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1 use the food stamps in the best interest of the child or
2 children.
3 (d)(c) If it is in the best interest of the child or
4 children, as determined by the department, for the staff
5 member of a private agency, a public agency, the department,
6 or any other appropriate organization to serve as a protective
7 payee or authorized representative, such designation may be
8 made, except that a protective payee or authorized
9 representative must not be any individual involved in
10 determining eligibility for temporary cash assistance or food
11 stamps for the family, staff handling any fiscal processes
12 related to issuance of temporary cash assistance or food
13 stamps, or landlords, grocers, or vendors of goods, services,
14 or items dealing directly with the participant.
15 (e)(d) The department may pay incidental expenses or
16 travel expenses for costs directly related to performance of
17 the duties of a protective payee as necessary to implement the
18 provisions of this subsection.
19 (f)(e) If In the event the department is unable to
20 designate a qualified protective payee or authorized
21 representative, a referral shall be made under the provisions
22 of chapter 415 for protective intervention.
23 (6) PROPORTIONAL REDUCTION OF TEMPORARY CASH
24 ASSISTANCE RELATED TO PAY AFTER PERFORMANCE.--Notwithstanding
25 the provisions of subsection (4), if an individual is
26 receiving temporary cash assistance under a
27 pay-after-performance arrangement and the individual
28 participates, but fails to meet the full participation
29 requirement, then the temporary cash assistance benefit
30 received shall be reduced and shall be proportional to the
31 actual participation. Food stamps may be included in a
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1 pay-after-performance arrangement if permitted under federal
2 law.
3 (7) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--The
4 situations listed in this subsection shall constitute
5 exceptions to the penalties for noncompliance with
6 participation requirements, except that these situations do
7 not constitute exceptions to the applicable time limit for
8 receipt of temporary cash assistance:
9 (a) Noncompliance related to child care.--Temporary
10 cash assistance may shall not be terminated for refusal to
11 participate in work activities if the individual is a single
12 custodial parent caring for a child who has not attained 6
13 years of age, and the adult proves to the department and to
14 the Department of Labor and Employment Security an inability
15 to obtain needed child care for one or more of the following
16 reasons:
17 1. Unavailability of appropriate child care within a
18 reasonable distance from the individual's home or worksite.
19 2. Unavailability or unsuitability of informal child
20 care by a relative or under other arrangements.
21 3. Unavailability of appropriate and affordable formal
22 child care arrangements.
23 (b) Noncompliance related to medical incapacity.--If
24 an individual cannot participate in assigned work activities
25 due to a medical incapacity, the individual may be excepted
26 from the activity for a specific period, except that the
27 individual shall be required to comply with the course of
28 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 (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 shall
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 (9) PRIORITIZATION OF WORK REQUIREMENTS.--The
13 Department of Labor and Employment Security shall require
14 participation in work activities to the maximum extent
15 possible, subject to federal and state funding. If funds are
16 projected to be insufficient to allow full-time work
17 activities by all program participants who are required to
18 participate in work activities, the Department of Labor and
19 Employment Security shall screen participants and assign
20 priority based on the following:
21 (a) In accordance with federal requirements, at least
22 one adult in each two-parent family shall be assigned priority
23 for full-time work activities.
24 (b) Among single-parent families, a family that has
25 older preschool children or school-age children shall be
26 assigned priority for work activities.
27 (c) A participant who has access to nonsubsidized
28 child care may be assigned priority for work activities.
29 (d) Priority may be assigned based on the amount of
30 time remaining until the participant reaches the applicable
31
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1 time limit for program participation or may be based on
2 requirements of a case plan.
3
4 The Department of Labor and Employment Security may limit a
5 participant's weekly work requirement to the minimum required
6 to meet federal work activity requirements in lieu of the
7 level defined in subsection (2). The department and the
8 Department of Labor and Employment Security may develop
9 screening and prioritization procedures within service
10 districts or within counties based on the allocation of
11 resources, the availability of community resources, or the
12 work activity needs of the service district.
13 (10) USE OF CONTRACTS.--The Department of Labor and
14 Employment Security shall provide work activities, training,
15 and other services, as appropriate, through contracts. In
16 contracting for work activities, training, or services, the
17 following applies:
18 (a) All education and training provided under the
19 WAGES Program shall be provided through agreements with jobs
20 and education regional boards or as otherwise authorized by
21 the local WAGES coalition.
22 (b) A contract must be performance-based. Wherever
23 possible, payment shall be tied to performance outcomes that
24 include factors such as, but not limited to, job entry, job
25 entry at a target wage, and job retention, rather than tied to
26 completion of training or education or any other phase of the
27 program participation process.
28 (c) A contract may include performance-based incentive
29 payments that may vary according to the extent to which the
30 participant is more difficult to place. Contract payments may
31 be weighted proportionally to reflect the extent to which the
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1 participant has limitations associated with the long-term
2 receipt of welfare and difficulty in sustaining employment.
3 The factors may include the extent of prior receipt of
4 welfare, lack of employment experience, lack of education,
5 lack of job skills, and other factors determined appropriate
6 by the Department of Labor and Employment Security.
7 (d) Notwithstanding the exemption from the competitive
8 sealed bid requirements provided in s. 287.057(3)(f) for
9 certain contractual services, each contract awarded under this
10 chapter must be awarded on the basis of a competitive sealed
11 bid, except for a contract with a governmental entity as
12 determined by the department or the Department of Labor and
13 Employment Security.
14 (e) The department or the Department of Labor and
15 Employment Security may contract with commercial, charitable,
16 or religious organizations. A contract must comply with
17 federal requirements with respect to nondiscrimination and
18 other requirements that safeguard the rights of participants.
19 Services may be provided under contract, certificate, voucher,
20 or other form of disbursement.
21 (f) The administrative costs associated with a
22 contract of the department for services provided under this
23 section may not exceed the applicable administrative cost
24 ceiling established in federal law. An agency or entity that
25 is awarded a contract under this section may not charge more
26 than 7 percent of the value of the contract for
27 administration, unless an exception is approved by the local
28 WAGES coalition. A list of any exceptions approved must be
29 submitted to the WAGES Program State Board of Directors for
30 review, and the board may rescind approval of the exception.
31 The WAGES Program State Board of Directors may also approve
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1 exceptions for any statewide contract for services provided
2 under this section.
3 (g) The Department of Labor and Employment Security
4 may enter into contracts to provide short-term work experience
5 for the chronically unemployed as provided in this section.
6 (h) A tax-exempt organization under s. 501(c) of the
7 Internal Revenue Code of 1986 which receives funds under this
8 chapter must disclose receipt of federal funds on any
9 advertising, promotional, or other material in accordance with
10 federal requirements.
11 (11) IMPLEMENTATION.--If federal welfare reform
12 legislation as described in this chapter is not enacted by the
13 Congress, the department shall revise the state AFDC program
14 and the Job Opportunities and Basic Skills Training (JOBS)
15 Plan to conform to the provisions of this section and s.
16 414.15 to the extent permissible under federal law.
17 (a) Notwithstanding any provisions of s. 409.029 to
18 the contrary, in areas of the state not covered by a federal
19 waiver which includes waiver of Job Opportunities and Basic
20 Skills Training (JOBS) Plan requirements, the department shall
21 implement changes made to the state AFDC program and the Job
22 Opportunities and Basic Skills Training (JOBS) Plan upon
23 approval by the federal agency.
24 (b) Notwithstanding any provisions of ss.
25 409.921-409.943 to the contrary, in areas of the state covered
26 by federal waivers which include waiver of Job Opportunities
27 and Basic Skills Training (JOBS) Plan provisions, the
28 department shall request amendment of such waivers to conform
29 to the provisions of this section which are beyond those which
30 are permitted by change to the state AFDC program and the Job
31 Opportunities and Basic Skills Training (JOBS) Plan.
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1 (c) In pursuing such waiver, the department may agree
2 to modifications to the waiver terms and conditions that
3 include penalties for noncompliance that begin with removal of
4 the noncompliant individual's benefits upon first occurrence
5 and include incremented penalties upon subsequent occurrences
6 of noncompliance if the department determines that the
7 penalties as specified in this section will not be approved by
8 the federal agency.
9 (d) This subsection shall be effective not later than
10 July 1, 1996, and shall be implemented in accordance with
11 changes to the state AFDC program and the Job Opportunities
12 and Basic Skills Training (JOBS) Plan and changes to federal
13 waivers as specified in this section.
14 Section 7. Section 414.075, Florida Statutes, 1996
15 Supplement, is amended to read:
16 414.075 Resource eligibility standards.--For purposes
17 of program simplification and effective program management,
18 certain resource definitions, as outlined in the food stamp
19 regulations at 7 C.F.R. s. 273.8, shall be applied to the
20 WAGES Program as determined by the department to be consistent
21 with federal law regarding temporary cash assistance and
22 Medicaid for needy families, except as to the following:
23 (1) The maximum allowable resources, including liquid
24 and nonliquid resources, of all members of the family may not
25 exceed $2,000.
26 (2) In determining the resources of a family, the
27 following shall be excluded:
28 (a) Licensed vehicles needed for individuals adults
29 subject to the work participation requirement, not to exceed a
30 combined value of $8,500, and needed for training, employment,
31 or education purposes. For any family without an individual
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1 adult subject to the work participation requirement, one
2 vehicle valued at not more than $8,500 shall be excluded. Any
3 vehicle that is necessary to transport a physically disabled
4 family member shall be excluded. A vehicle shall be considered
5 necessary for the transportation of a physically disabled
6 family member if the vehicle is specially equipped to meet the
7 specific needs of the disabled person or if the vehicle is a
8 special type of vehicle and makes it possible to transport the
9 disabled person.
10 (b) Funds paid to a homeless shelter which are being
11 held for the family to enable the family to pay deposits or
12 other costs associated with moving to a new shelter
13 arrangement.
14 (3) A vacation home that annually produces income
15 consistent with its fair market value, and that is excluded as
16 a resource in determining eligibility for food stamps under
17 federal regulations, may not be excluded as a resource in
18 determining a family's eligibility for temporary cash
19 assistance.
20 Section 8. Section 414.085, Florida Statutes, 1996
21 Supplement, is amended to read:
22 414.085 Income eligibility standards.--For purposes of
23 program simplification and effective program management,
24 certain income definitions, as outlined in the food stamp
25 regulations at 7 C.F.R. s. 273.9, shall be applied to the
26 WAGES Program as determined by the department to be consistent
27 with federal law regarding temporary cash assistance and
28 Medicaid for needy families, except as to the following:
29 (1) Participation in the WAGES Program shall be
30 limited to those families whose gross family income is equal
31 to or less than 130 percent of the federal poverty level
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1 established in s. 673(2) of the Community Services Block Grant
2 Act, 42 U.S.C. s. 9901(2).
3 (2) Income security payments, including payments
4 funded under part B of Title IV of the Social Security Act, as
5 amended; supplemental security income under Title XCI of the
6 Social Security Act, as amended; or other income security
7 payments as defined by federal law shall be included as income
8 to the extent required or permitted by federal law.
9 (3) The first $50 of child support paid to a custodial
10 noncustodial parent receiving temporary cash assistance may
11 not be disregarded in calculating the amount of temporary cash
12 assistance for the family, unless such exclusion is required
13 by federal law.
14 Section 9. Subsections (1), (2), and (3), paragraph
15 (a) of subsection (4), subsections (5), (6), (7), and (8),
16 paragraphs (a), (c), (e), and (f) of subsection (10), and
17 subsections (11), (13), (14), (15), and (17) of section
18 414.095, Florida Statutes, are amended to read:
19 414.095 Determining eligibility for the WAGES
20 Program.--
21 (1) ELIGIBILITY.--An applicant must meet eligibility
22 requirements of this section before receiving services or
23 temporary cash assistance under this chapter, except that an
24 applicant shall be required to engage in work activities in
25 accordance with s. 414.065 and may receive support services or
26 child care assistance in conjunction with such requirement.
27 The department shall make a determination of eligibility based
28 on the criteria listed in this chapter. The department shall
29 monitor continued eligibility for temporary cash assistance
30 through periodic reviews consistent with the food stamp
31 eligibility process.
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1 (2) ADDITIONAL ELIGIBILITY REQUIREMENTS.--
2 (a) To be eligible for services or temporary cash
3 assistance and Medicaid under the WAGES Program:
4 1. An applicant must be a United States citizen, or a
5 qualified noncitizen, as defined in this section.
6 2. An applicant must be a legal resident of the state.
7 3. Each member of a family must provide to the
8 department the member's social security number or shall
9 provide proof of application for a social security number. An
10 individual who fails to provide to the department a social
11 security number, or proof of application for a social security
12 number, is not eligible to participate in the program.
13 4. A minor child must reside with a custodial parent
14 or parents or with a relative caretaker who is within the
15 specified degree of blood relationship as defined under the
16 WAGES Program, or in a setting approved by the department.
17 5. Each family must have a minor child and meet the
18 income and resource requirements of the program. All minor
19 children who live in the family, as well as the parents of the
20 minor children, shall be included in the eligibility
21 determination unless specifically excluded.
22 (b) The following members of a family are eligible to
23 participate in the program if all eligibility requirements are
24 met:
25 1. A minor child who resides with a custodial parent
26 or other adult caretaker relative.
27 2. The parent of a minor child with whom the child
28 resides.
29 3. The caretaker relative with whom the minor child
30 resides who chooses to have his needs and income included in
31 the family.
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1 4. Unwed minor children and their children if the
2 unwed minor child lives at home or in an adult-supervised
3 setting and if temporary cash assistance is paid to an
4 alternative payee.
5 5. A pregnant woman.
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. A nonqualified noncitizen is a nonimmigrant
14 alien, including a tourist, business visitor, foreign student,
15 exchange visitor, temporary worker, or diplomat. In addition,
16 a nonqualified noncitizen includes an individual paroled into
17 the United States for less than 1 year. A qualified noncitizen
18 who is otherwise eligible may receive temporary cash
19 assistance to the extent permitted by federal law. The income
20 or resources of a sponsor and the sponsor's spouse shall be
21 included in determining eligibility to the maximum extent
22 permitted by federal law.
23 (a) A child born in the United States to an illegal or
24 ineligible alien is eligible for temporary cash assistance
25 under this chapter if the family meets all eligibility
26 requirements.
27 (b) If the parent may legally work in this country,
28 the parent must participate in the work activity requirements
29 provided in s. 414.065, to the extent permitted under federal
30 law.
31
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1 (c) The department shall participate in the Systematic
2 Alien Verification for Entitlements Program (SAVE) established
3 by the United States Immigration and Naturalization Service in
4 order to verify the validity of documents provided by aliens
5 and to verify an alien's eligibility.
6 (d) The income of an illegal alien or ineligible
7 alien, less a pro rata share for the illegal alien or
8 ineligible alien, counts in determining a family's eligibility
9 to participate in the program.
10 (e) The entire assets of an ineligible alien or a
11 disqualified individual who is a mandatory member of a family
12 shall be included in determining the family's eligibility.
13 (4) STEPPARENTS.--A family that contains a stepparent
14 has the following special eligibility options if the family
15 meets all other eligibility requirements:
16 (a) A family that does not contain a mutual minor
17 child has the option to include or exclude a stepparent in
18 determining eligibility if the stepparent's monthly gross
19 income is less than 185 percent of the federal poverty level
20 for a two-person family.
21 1. If the stepparent chooses to be excluded from the
22 family, temporary cash assistance, without shelter expense,
23 shall be provided for the child. The parent of the child must
24 comply with work activity requirements as provided in s.
25 414.065. Income and resources from the stepparent may not be
26 included in determining eligibility; however, any income and
27 resources from the parent of the child shall be included in
28 determining eligibility.
29 2. If a stepparent chooses to be included in the
30 family, the department of Health and Rehabilitative Services
31 shall determine eligibility using the requirements for a
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1 nonstepparent family. A stepparent whose income is equal to or
2 greater than 185 percent of the federal poverty level for a
3 two-person family does not have the option to be excluded from
4 the family, and all income and resources of the stepparent
5 shall be included in determining the family's eligibility.
6 (5) CARETAKER RELATIVES.--A family that contains a
7 caretaker relative of a minor child has the option to include
8 or exclude the caretaker relative in determining eligibility.
9 If the caretaker relative chooses to be included in the
10 family, the caretaker relative must meet all eligibility
11 requirements, including resource and income requirements, and
12 must comply with work activity requirements as provided in s.
13 414.065. If the caretaker relative chooses to be excluded from
14 the family, eligibility shall be determined for the minor
15 child based on the child's income and resources. The level of
16 temporary cash assistance level for the minor child shall be
17 based on the shelter obligation paid to of the caretaker
18 relative.
19 (6) PREGNANT WOMAN WITH NO OTHER CHILD.--Temporary
20 cash assistance for a pregnant woman is not available until
21 the last month of pregnancy. However, if the department
22 determines that a woman is restricted from work activities by
23 orders of a physician, temporary cash assistance shall be
24 available during the last trimester of pregnancy.
25 (7) CHILD SUPPORT ENFORCEMENT.--As a condition of
26 eligibility for temporary cash assistance, the family must
27 cooperate with the state agency responsible for administering
28 the child support enforcement program in establishing the
29 paternity of the child, if the child is born out of wedlock,
30 and in obtaining support for the child or for the parent or
31 caretaker relative and the child. Cooperation is defined as:
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1 (a) Assisting in identifying and locating a
2 noncustodial parent and providing complete and accurate
3 information on that parent;
4 (b) Assisting in establishing paternity; and
5 (c) Assisting in establishing, modifying, or enforcing
6 a support order with respect to a child of a family member.
7 (8) ASSIGNMENT OF RIGHTS TO SUPPORT.--As a condition
8 of receiving temporary cash assistance, the family must assign
9 to the department any rights a member of a family may have to
10 support from any other person. This applies to any family
11 member; however, the assigned amounts must not exceed the
12 total amount of temporary cash assistance provided to the
13 family. The assignment of child support does not apply if the
14 family leaves the program.
15 (10) PARTICIPANT OPPORTUNITIES AND OBLIGATIONS.--An
16 applicant or participant in the WAGES Program has the
17 following opportunities and obligations:
18 (a) To participate in establishing eligibility by
19 providing facts with respect to circumstances that affect
20 eligibility and by obtaining, or authorizing the department
21 and the Department of Labor and Employment Security to obtain,
22 documents or information from others in order to establish
23 eligibility.
24 (c) To be advised of any reduction or termination of
25 temporary cash assistance or food stamps benefits.
26 (e) To keep the department and the Department of Labor
27 and Employment Security informed of any changes that could
28 affect eligibility.
29 (f) To use temporary cash assistance and food stamps
30 for the purpose for which the assistance is intended.
31
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1 (11) DETERMINATION OF LEVEL OF TEMPORARY CASH
2 ASSISTANCE.--Temporary cash assistance shall be based on a
3 standard determined by the Legislature, subject to
4 availability of funds. There shall be three assistance levels
5 for a family that contains a specified number of eligible
6 members, based on the following criteria:
7 (a) A family that does not have a shelter obligation.
8 (b) A family that has a shelter obligation greater
9 than zero but less than or equal to $50.
10 (c) A family that has a shelter obligation greater
11 than $50 or that is homeless.
12
13 The following chart depicts the levels of temporary cash
14 assistance levels for implementation purposes:
15
16 THREE-TIER SHELTER PAYMENT STANDARD
17
18 Family Zero Shelter Greater than Zero Greater than $50
19 Size Obligation Less than or Shelter
20 Equal to $50 Obligation
21
22 1 $95 $153 $180
23 2 $158 $205 $241
24 3 $198 $258 $303
25 4 $254 $309 $364
26 5 $289 $362 $426
27 6 $346 $414 $487
28 7 $392 $467 $549
29 8 $438 $519 $610
30 9 $485 $570 $671
31 10 $534 $623 $733
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1 11 $582 $676 $795
2 12 $630 $728 $857
3 13 $678 $781 $919
4
5 (13) CALCULATION OF LEVELS OF TEMPORARY CASH
6 ASSISTANCE LEVELS.--
7 (a) Temporary cash assistance shall be calculated
8 based on average monthly gross family income, earned and
9 unearned, less any applicable disregards. The resulting
10 monthly net income amount shall be subtracted from the
11 applicable payment standard to determine the monthly benefit
12 amount of temporary cash assistance.
13 (b) A deduction may not be allowed for child care
14 payments.
15 (14) METHODS OF PAYMENT OF TEMPORARY CASH
16 ASSISTANCE.--Temporary cash assistance may be paid as follows:
17 (a) Direct payment through state warrant, electronic
18 assistance transfer of temporary cash assistance, or voucher.
19 (b) Payment to an alternative payee.
20 (c) Payment for subsidized employment.
21 (d) Pay-after-performance arrangements with public or
22 private not-for-profit agencies.
23 (15) PROHIBITIONS AND RESTRICTIONS.--
24 (a) A family without a minor child living in the home
25 is not eligible to receive temporary cash assistance or
26 services under this chapter. However, a pregnant woman is
27 eligible for temporary cash assistance in the ninth month of
28 pregnancy if all eligibility requirements are otherwise
29 satisfied.
30 (b) Temporary cash assistance, without shelter
31 expense, may be available for a teen parent who is less than
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1 19 years of age and for the child. Temporary cash assistance
2 may not be paid directly to the teen parent but must be paid,
3 on behalf of the teen parent and child, to an alternative
4 payee who is designated by the department. The alternative
5 payee may not use the temporary cash assistance for any
6 purpose other than paying for food, clothing, shelter, and
7 medical care for the teen parent and child and for other
8 necessities required to enable the teen parent to attend
9 school or a training program. In order for the child of the
10 teen parent and the teen parent to be eligible for temporary
11 cash assistance, the teen parent must:
12 1. Attend school or an approved alternative training
13 program, unless the child is less than 12 weeks of age or the
14 teen parent has completed high school; and
15 2. Reside with a parent, legal guardian, or other
16 adult caretaker relative. The income and resources of the
17 parent shall be included in calculating the temporary cash
18 assistance available to the teen parent since the parent is
19 responsible for providing support and care for the child
20 living in the home.
21 3. Attend parenting and family classes that provide a
22 curriculum specified by the department, the Department of
23 Labor and Employment Security, or the Department of Health, as
24 available.
25 (c) The teen parent is not required to live with a
26 parent, legal guardian, or other adult caretaker relative if
27 the department determines that:
28 1. The teen parent has suffered or might suffer harm
29 in the home of the parent, legal guardian, or adult caretaker
30 relative.
31
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1 2. The requirement is not in the best interest of the
2 teen parent or the child. If the department determines that it
3 is not in the best interest of the teen parent or child to
4 reside with a parent, legal guardian, or other adult caretaker
5 relative, the department shall provide or assist the teen
6 parent in finding a suitable home, a second-chance home, a
7 maternity home, or other appropriate adult-supervised
8 supportive living arrangement.
9
10 The department may not delay providing temporary cash
11 assistance to the teen parent through the alternative payee
12 designated by the department pending a determination as to
13 where the teen parent should live and sufficient time for the
14 move itself. A teen parent determined to need placement that
15 is unavailable shall continue to be eligible for temporary
16 cash assistance so long as the teen parent cooperates with the
17 department, the Department of Labor and Employment Security,
18 and the Department of Health. The teen parent shall be
19 provided with counseling to make the transition from
20 independence to supervised living and with a choice of living
21 arrangements.
22 (d) Notwithstanding any law to the contrary, if a
23 parent or caretaker relative does not cooperate with the state
24 agency responsible for administering the child support
25 enforcement program in establishing, modifying, or enforcing a
26 support order with respect to a child of a teen parent or
27 other family member, or a child of a family member who is in
28 the care of an adult relative, temporary cash assistance to
29 the entire family shall be denied until the state agency
30 indicates that cooperation by the parent or caretaker relative
31 has been satisfactory.
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1 (e) If a parent or caretaker relative does not assign
2 any rights a family member may have to support from any other
3 person as required by subsection (8), temporary cash
4 assistance to the entire family shall be denied until the
5 parent or caretaker relative assigns the rights to the
6 department.
7 (f) An individual who is convicted in federal or state
8 court of receiving benefits under this chapter, Title XIX, the
9 Food Stamp Act of 1977, or Title XVI (Supplemental Security
10 Income), in two or more states simultaneously may not receive
11 temporary cash assistance or services under this chapter for
12 10 years following the date of conviction.
13 (g) An individual is ineligible to receive temporary
14 cash assistance or services under this chapter during any
15 period when the individual is fleeing to avoid prosecution,
16 custody, or confinement after committing a crime, attempting
17 to commit a crime that is a felony under the laws of the place
18 from which the individual flees or a high misdemeanor in the
19 State of New Jersey, or violating a condition of probation or
20 parole imposed under federal or state law.
21 (h) The parent or other caretaker relative must report
22 to the department by the end of the 5-day period that begins
23 on the date it becomes clear to the parent or caretaker
24 relative that a minor child will be absent from the home for
25 30 or more consecutive days. A parent or caretaker relative
26 who fails to report this information to the department shall
27 be disqualified from receiving temporary cash assistance for
28 30 days for the first occurrence, 60 days for the second
29 occurrence, and 90 days for the third or subsequent
30 occurrence.
31
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1 (i) If the parents of a minor child live apart and
2 equally share custody and control of the child, a parent is
3 ineligible for temporary cash assistance unless the parent
4 clearly demonstrates to the department that the parent
5 provides primary day-to-day custody.
6 (17) PROPORTIONAL REDUCTION.--If the Social Services
7 Estimating Conference forecasts an increase in the temporary
8 cash assistance caseload and there is insufficient funding, a
9 proportional reduction as determined by the department shall
10 be applied to the levels of temporary cash assistance levels
11 in subsection (11).
12 Section 10. Section 414.105, Florida Statutes, 1996
13 Supplement, is amended to read:
14 414.105 Time limitations of temporary cash
15 assistance.--Unless otherwise expressly provided in this
16 chapter, an applicant or current participant shall receive
17 temporary cash assistance for episodes of not more than 24
18 cumulative months in any consecutive 60-month period that
19 begins with the first month of participation and for not more
20 than a lifetime cumulative total of 48 months as an adult.
21 (1) The time limitation for episodes of temporary cash
22 assistance may not exceed 36 cumulative months in any
23 consecutive 72-month period that begins with the first month
24 of participation and may not exceed a lifetime cumulative
25 total of 48 months of temporary cash assistance as an adult
26 benefits, for cases in which the participant:
27 (a) Has received aid to families with dependent
28 children or temporary cash assistance for any 36 months of the
29 preceding 60 months; or
30 (b) Is a custodial parent under the age of 24 who:
31
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1 1. Has not completed a high school education or its
2 equivalent; or
3 2. Had little or no work experience in the preceding
4 year.
5 (2) Hardship exemptions to the time limitations of
6 this chapter shall be limited to 10 percent of participants in
7 the first year of implementation of this chapter, 15 percent
8 of participants in the second year of implementation of this
9 chapter, and 20 percent of participants in all subsequent
10 years. Criteria for hardship exemptions include:
11 (a) Diligent participation in activities, combined
12 with inability to obtain employment.
13 (b) Diligent participation in activities, combined
14 with extraordinary barriers to employment, including the
15 conditions which may result in an exemption to work
16 requirements.
17 (c) Significant barriers to employment, combined with
18 a need for additional time.
19 (d) Diligent participation in activities and a need by
20 teen parents for an exemption in order to have 24 months of
21 eligibility beyond receipt of the high school diploma or
22 equivalent.
23 (e) A recommendation of extension for a minor child of
24 a participating family that has reached the end of the benefit
25 eligibility period for temporary cash assistance. The
26 recommendation must be the result of a review which determines
27 that the termination of the child's temporary cash assistance
28 would be likely to result in the child being placed into
29 emergency shelter or foster care. Temporary cash assistance
30 shall be provided through a protective payee. Staff of the
31 Children and Family Services Program Office of the department
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1 shall conduct all assessments in each case in which it appears
2 a child may require continuation of temporary cash assistance
3 through a protective payee.
4
5 Temporary cash assistance under a hardship exemption benefits
6 for a participant who is eligible for work activities and who
7 is not working shall be reduced by 10 percent. Upon the
8 employment of the participant, full benefits shall be
9 restored.
10 (3) The department shall establish a procedure for
11 reviewing and approving hardship exemptions, and the local
12 WAGES coalitions may assist in making these determinations.
13 The composition of any review panel must generally reflect the
14 racial, gender, and ethnic diversity of the community as a
15 whole. Members of a review panel shall serve without
16 compensation, but are entitled to receive reimbursement for
17 per diem and travel expenses as provided in s. 112.016.
18 (4) The cumulative total of all hardship exemptions
19 may not exceed 12 months, may include reduced benefits at the
20 option of the community review panel, and shall, in
21 combination with other periods of temporary cash assistance as
22 an adult, total no more than 48 months of temporary cash
23 assistance. If an individual fails to comply with program
24 requirements during a hardship exemption period, the hardship
25 exemption shall be removed.
26 (5) For individuals who have moved from another state
27 and have legally resided in this state for less than 12
28 months, the time limitation for temporary cash assistance
29 shall be the shorter of the respective time limitations used
30 in the two states, and months in which temporary cash
31 assistance was received under a block grant program that
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1 provided temporary assistance for needy families in any state
2 shall count towards the cumulative 48-month benefit limit for
3 temporary cash assistance.
4 (6) For individuals subject to a time limitation under
5 the Family Transition Act of 1993, that time limitation shall
6 continue to apply. Months in which temporary cash assistance
7 was received through the family transition program shall count
8 towards the time limitations under this chapter.
9 (7) Except when temporary cash assistance was received
10 through the family transition program, the calculation of the
11 time limitation for temporary cash assistance shall begin with
12 the first month of receipt of temporary cash assistance after
13 the effective date of this act.
14 (8) Child-only cases are shall not be subject to time
15 limitations, and temporary cash assistance benefits received
16 while an individual is a minor child shall not count towards
17 time limitations.
18 (9) An individual who receives is eligible for
19 benefits under the Supplemental Social Security Income (SSI)
20 program or the Social Security Disability Insurance program
21 due to age or disability is not subject to time limitations.
22 (10) A member of the WAGES Program staff shall
23 interview and assess the employment prospects and barriers of
24 each participant who is within 6 months of reaching the
25 24-month time limit. The staff member shall assist the
26 participant in identifying actions necessary to become
27 employed prior to reaching the benefit time limit for
28 temporary cash assistance and, if appropriate, shall refer the
29 participant for services that could facilitate employment.
30 (11) This section shall be repealed on July 1, 2001,
31 unless reenacted by the Legislature.
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1 Section 11. Section 414.115, Florida Statutes, 1996
2 Supplement, is amended to read:
3 414.115 Limited temporary cash assistance for children
4 born to families receiving temporary cash assistance.--
5 (1) The department shall provide limited additional
6 temporary cash assistance to:
7 (a) An existing temporary-cash-assistance
8 temporary-assistance case due to the birth of a child when the
9 birth occurs more than 10 months after August 1, 1996 the
10 implementation date of this act; or
11 (b) A new temporary-cash-assistance
12 temporary-assistance case when the birth occurs more than 10
13 months after August 1, 1996, both the implementation date of
14 this act and the application or reapplication for temporary
15 cash assistance.
16
17 For purposes of this subsection, "an existing
18 temporary-cash-assistance temporary-assistance case" means a
19 case that is receiving temporary assistance on August 1, 1996,
20 the implementation date of this act and, if it closes any time
21 after August 1, 1996 the implementation date, is closed for
22 less than 6 continuous months; "a new
23 temporary-cash-assistance temporary-assistance case" means a
24 case that was not receiving benefits on August 1, 1996 the
25 implementation date of this act; "reapplication" means a new
26 application by a parent or other caretaker relative who has
27 previously received temporary cash assistance in a case that
28 has been closed for 6 continuous months or more prior to the
29 new application.
30 (2) Subsection (1) does shall not apply:
31
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1 (a) To a program participant who is a victim of rape
2 or incest if she files a police report on the rape or incest
3 within 30 days after the incident;
4 (b) To children who are the firstborn, including all
5 children in the case of multiple birth, of minors included in
6 a temporary cash assistance group who as minors become
7 first-time parents;
8 (c) To a child when parental custody has been legally
9 transferred; or
10 (d) To a child who is no longer able to live with his
11 or her parents as a result of:
12 1. The death of the child's parent or parents;
13 2. The incapacity of the child's parent or parents as
14 documented by a physician, such that the parent or parents are
15 unable to care for the child;
16 3. Legal transfer of the custody of the child to
17 another individual;
18 4. Incarceration of the child's parent or parents,
19 except that the child shall not receive temporary cash
20 assistance if a parent is subsequently released and reunited
21 with the child; or
22 5. A situation in which the child's parent's or
23 parents' institutionalization is expected to be for an
24 extended period, as defined by the department.
25 (3) A child born subject to this section shall be
26 considered a temporary-assistance recipient of temporary cash
27 assistance for all purposes, including Medicaid eligibility.
28 (4) For the first child born to a recipient under
29 subsection (1), the department shall provide temporary cash
30 assistance equal to 50 percent of the maximum allowable amount
31 for an individual. This provision does shall not apply to a
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1 child who is born into a family that does not include other
2 children.
3 (5) For a second or subsequent child born to a
4 recipient under subsection (1), the department shall provide
5 no additional temporary cash assistance.
6 Section 12. Section 414.122, Florida Statutes, 1996
7 Supplement, is amended to read:
8 414.122 Withholding of payments based on evidence of
9 fraud.--The department shall withhold payment from a financial
10 assistance recipient of temporary cash assistance when, after
11 redetermination of eligibility or at any other time, the
12 department obtains evidence that may indicate fraud on the
13 part of the recipient. When evidence of such fraud is
14 obtained, the recipient shall be notified, by a statement
15 accompanying the recipient's next financial assistance
16 payment, that because of such evidence of fraud the following
17 payment will be withheld unless the recipient meets with a
18 representative of the department financial assistance program
19 supervisor by a specified date, which must shall be within 10
20 days after the date of the notice, to discuss and resolve the
21 matter. The department shall make every effort to resolve the
22 matter within a timeframe that will not cause payment to be
23 withheld from an eligible financial assistance recipient of
24 temporary cash assistance.
25 Section 13. Section 414.125, Florida Statutes, 1996
26 Supplement, is amended to read:
27 414.125 Learnfare program.--
28 (1) The department shall reduce the temporary cash
29 assistance for a participant's eligible dependent child or for
30 an eligible teenage participant who has not been exempted from
31 education participation requirements during a grading period
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1 in which the child or teenage participant has accumulated a
2 number of unexcused absences from school that is sufficient to
3 jeopardize the student's academic progress, in accordance with
4 rules adopted by the department with input from the Department
5 of Education. The temporary cash assistance must be
6 reinstituted after a subsequent grading period in which the
7 child has substantially improved the child's attendance. Good
8 cause exemptions from the rule of unexcused absences include
9 the following:
10 (a) The student is expelled from school and
11 alternative schooling is not available.
12 (b) The teen has a child under 6 months of age.
13 (b)(c) No licensed day care is available for a child
14 of teen parents subject to Learnfare.
15 (c)(d) Prohibitive transportation problems exist
16 (e.g., to and from day care).
17 (d)(e) The teen is over 16 years of age and not
18 expected to graduate from high school by age 20.
19
20 Upon Fifteen days after sanction notification, the participant
21 parent of a dependent child or the teenage participant may
22 file an internal fair hearings process review procedure
23 appeal, and no sanction shall be imposed until the appeal is
24 resolved.
25 (2) Each participant recipient with a school-age child
26 is required to have a conference with an appropriate school
27 official of the child's school during each grading period to
28 assure that the participant recipient is involved in the
29 child's educational progress and is aware of any existing
30 attendance or academic problems. A recipient who fails to
31
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1 attend a conference with a school official is subject to the
2 sanction provided in subsection (1).
3 Section 14. Subsections (1), (3), (4), (5), and (6) of
4 section 414.15, Florida Statutes, 1996 Supplement, are amended
5 to read:
6 414.15 Diversion.--
7 (1) A segment of applicants do not need ongoing
8 temporary cash financial assistance, but, due to an unexpected
9 circumstance or emergency situation, require some immediate
10 assistance in meeting a financial obligation while they are
11 securing employment or child support. These immediate
12 obligations may include a shelter or utility payment, a car
13 repair to continue employment, or other assistance which will
14 alleviate the applicant's emergency financial need and allow
15 the person to focus on obtaining or continuing employment.
16 (3) Before finding an applicant family To be eligible
17 for up-front diversion funds, the department must determine
18 that all requirements of eligibility would likely shall be
19 met.
20 (4) The department shall screen each applicant family
21 on a case-by-case basis for barriers to obtaining or retaining
22 employment. The screening shall identify barriers that, if
23 corrected, may prevent the family from receiving temporary
24 cash assistance on a regular basis. Assistance to overcome a
25 barrier to employment is not limited to cash, but may include
26 vouchers or other in-kind benefits.
27 (5) The diversion payment shall be limited to an
28 amount not to exceed 2 months' temporary cash assistance,
29 based on family size.
30 (6) The family receiving up-front diversion must shall
31 sign an agreement restricting the family from applying for
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1 temporary cash assistance for 3 months, unless an emergency is
2 demonstrated to the department. If a demonstrated emergency
3 forces the family to reapply for temporary cash assistance
4 with in 3 months after receiving a diversion payment, the
5 diversion payment shall be prorated over the 2-month period
6 and subtracted from any regular assistance payment of
7 temporary cash assistance for which the applicant may be
8 eligible.
9 Section 15. Paragraph (a) of subsection (4) of section
10 414.16, Florida Statutes, 1996 Supplement, is amended to read:
11 414.16 Emergency assistance program.--
12 (4) RENTAL SECURITY DEPOSIT ASSISTANCE.--
13 (a) The department shall develop criteria necessary to
14 implement a recoupment program related to security deposit
15 assistance provided under paragraph (3)(d) (2)(d). Assistance
16 shall be in the form of direct payment of security deposits to
17 landlords of families eligible for emergency assistance. When
18 the family vacates the rental unit, the landlord shall refund
19 to the department the amount of the deposit remaining after
20 subtracting any amount retained for damages pursuant to the
21 lease. The family shall repay to the department the cost of
22 any damages assessed which exceed normal wear and tear. The
23 total amount owed to the department shall be prorated and
24 subtracted from any temporary cash assistance for which the
25 family may be eligible.
26 Section 16. Subsection (1) of section 414.175, Florida
27 Statutes, 1996 Supplement, is amended to read:
28 414.175 Review of existing waivers.--
29 (1) The Department of Children and Family Health and
30 Rehabilitative Services shall review existing waivers granted
31 to the department by the Federal Government and determine if
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1 such waivers continue to be necessary based on the flexibility
2 granted to states by federal law. If it is determined the
3 department determines that termination of the waivers would
4 reduce or eliminate potential federal cost neutrality
5 liability, the department may take action in accordance with
6 federal requirements. In taking such action, the department
7 may continue research initiated in conjunction with such
8 waivers if the department determines that continuation will
9 provide program findings that will be useful in assessing
10 future welfare reform alternatives.
11 Section 17. Section 414.20, Florida Statutes, 1996
12 Supplement, is amended to read:
13 414.20 Other support services.--Support services shall
14 be provided, if resources permit, to assist participants in
15 complying with work activity requirements outlined in s.
16 414.065. If resources do not permit the provision of needed
17 support services, the department and the Department of Labor
18 and Employment Security may prioritize or otherwise limit
19 provision of support services. This section does not
20 constitute an entitlement to support services. Lack of
21 provision of support services may be considered as a factor in
22 determining whether good cause exists for failing to comply
23 with work activity requirements but does not automatically
24 constitute good cause for failing to comply with work activity
25 requirements, and does not affect any applicable time limit on
26 the receipt of temporary cash assistance or the provision of
27 services under this chapter. Support services shall include,
28 but need not be limited to:
29 (1) TRANSPORTATION.--Transportation expenses may be
30 provided to any participant when the assistance is needed to
31 comply with work activity requirements or employment
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1 requirements, including transportation to and from a child
2 care provider. Payment may be made in cash or tokens in
3 advance or through reimbursement paid against receipts or
4 invoices. Support services funds may also be used to develop
5 transportation resources to expand transportation options
6 available to participants. These services may include
7 cooperative arrangements with local transit authorities or
8 school districts and small enterprise development.
9 (2) ANCILLARY EXPENSES.--Ancillary expenses such as
10 books, tools, clothing, fees, and costs necessary to comply
11 with work activity requirements or employment requirements may
12 be provided.
13 (3) MEDICAL SERVICES.--A family that meets the
14 eligibility requirements for Medicaid assistance shall receive
15 medical services under the Medicaid program.
16 (4) PERSONAL AND FAMILY COUNSELING AND
17 THERAPY.--Counseling may be provided to participants who have
18 a personal or family problem or problems caused by substance
19 abuse that is a barrier to compliance with work activity
20 requirements or employment requirements. In providing these
21 services, the department and the Department of Labor and
22 Employment Security shall use services that are available in
23 the community at no additional cost. If these services are not
24 available, the department and the Department of Labor and
25 Employment Security may use support services funds. Personal
26 or family counseling not available through Medicaid may not be
27 considered a medical service for purposes of the required
28 statewide implementation plan or use of federal funds.
29 Section 18. Section 414.21, Florida Statutes, 1996
30 Supplement, is amended to read:
31 414.21 Transitional medical benefits.--
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1 (1) A family that loses its temporary cash family
2 assistance due to earnings shall remain eligible for Medicaid
3 without reapplication during the immediately succeeding
4 12-month period if private medical insurance is unavailable
5 from the employer or is unaffordable.
6 (a) The family shall be denied Medicaid during the
7 12-month period for any month in which the family does not
8 include a dependent child.
9 (b) The family shall be denied Medicaid if the
10 family's average gross monthly earnings during the preceding
11 month exceed 185 percent of the federal poverty level.
12 (2) The family shall be informed of transitional
13 Medicaid when the family is notified of the termination of
14 temporary cash assistance. The notice must include a
15 description of the circumstances in which the transitional
16 Medicaid may be terminated.
17 Section 19. Section 414.22, Florida Statutes, 1996
18 Supplement, is amended to read:
19 414.22 Transitional education and training.--In order
20 to assist current and former participants in continuing their
21 training and upgrading their skills, education, or training,
22 support services may be provided to a participant for up to 2
23 years after the participant is no longer eligible to
24 participate in the program. This section does not constitute
25 an entitlement to transitional education and training. If
26 funds are not sufficient to provide services under this
27 section, the Department of Labor and Employment Security may
28 limit or otherwise prioritize transitional education and
29 training.
30
31
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1 (1) Education or training resources available in the
2 community at no additional cost to the Department of Labor and
3 Employment Security shall be used whenever possible.
4 (2) The Department of Labor and Employment Security
5 may authorize child care or other support services in addition
6 to services provided in conjunction with employment. For
7 example, a participant who is employed full time may receive
8 subsidized child care assistance related to that employment
9 and may also receive additional subsidized child care
10 assistance in conjunction with training to upgrade the
11 participant's skills.
12 (3) Transitional education or training must be
13 job-related, but may include training to improve job skills in
14 a participant's existing area of employment or may include
15 training to prepare a participant for employment in another
16 occupation.
17 (4) The Department of Labor and Employment Security
18 may enter into an agreement with an employer to share the
19 costs relating to upgrading the skills of participants hired
20 by the employer. For example, the department may agree to
21 provide support services such as transportation or a wage
22 subsidy in conjunction with training opportunities provided by
23 the employer.
24 Section 20. Section 414.23, Florida Statutes, 1996
25 Supplement, is amended to read:
26 414.23 Evaluation.--The department and the Department
27 of Labor and Employment Security shall arrange for evaluation
28 of programs operated under this chapter, as follows:
29 (1) If required by federal waivers or other federal
30 requirements, the department and the Department of Labor and
31
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1 Employment Security may provide for evaluation according to
2 these requirements.
3 (2) The department and the Department of Labor and
4 Employment Security shall participate in the evaluation of
5 this program in conjunction with evaluation of the state's
6 workforce development programs or similar activities aimed at
7 evaluating program outcomes, cost-effectiveness, or return on
8 investment, and the impact of time limits, sanctions, and
9 other welfare reform measures set out in this chapter.
10 Evaluation shall also contain information on the number of
11 participants in work experience assignments who obtain
12 unsubsidized employment, including, but not limited to, the
13 length of time the unsubsidized job is retained, wages, and
14 the public benefits, if any, received by such families while
15 in unsubsidized employment. The evaluation shall solicit the
16 input of consumers, community-based organizations, service
17 providers, employers, and the general public, and shall
18 publicize, especially in low-income communities, the process
19 for submitting comments.
20 (3) The department and the Department of Labor and
21 Employment Security may share information with and develop
22 protocols for information exchange with the Florida Education
23 and Training Placement Information Program.
24 (4) The department and the Department of Labor and
25 Employment Security may initiate or participate in additional
26 evaluation or assessment activities that will further the
27 systematic study of issues related to program goals and
28 outcomes.
29 (5) In providing for evaluation activities, the
30 department and the Department of Labor and Employment Security
31 shall safeguard the use or disclosure of information obtained
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1 from program participants consistent with federal or state
2 requirements. The department and the Department of Labor and
3 Employment Security may use evaluation methodologies that are
4 appropriate for evaluation of program activities, including
5 random assignment of recipients or participants into program
6 groups or control groups. To the extent necessary or
7 appropriate, evaluation data shall provide information with
8 respect to the state, district, or county, or other substate
9 area.
10 (6) The department and the Department of Labor and
11 Employment Security may contract with a qualified organization
12 for evaluations conducted under this section.
13 (7) Evaluations described in this section are exempt
14 from the provisions of s. 402.105.
15 Section 21. Section 414.24, Florida Statutes, 1996
16 Supplement, is amended to read:
17 414.24 Integrated welfare reform and child welfare
18 services.--The department shall develop integrated service
19 delivery strategies to better meet the needs of families
20 subject to work activity requirements who are involved in the
21 child welfare system or are at high risk of involvement in the
22 child welfare system. To the extent that resources are
23 available, the department and the Department of Labor and
24 Employment Security shall provide funds to one or more service
25 districts to promote development of integrated, nonduplicative
26 case management within the department, the Department of Labor
27 and Employment Security, other participating government
28 agencies, and community partners. Alternative delivery systems
29 shall be encouraged which include well-defined, pertinent
30 outcome measures. Other factors to be considered shall include
31 innovation regarding training, enhancement of existing
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1 resources, and increased private sector and business sector
2 participation.
3 Section 22. Section 414.25, Florida Statutes, 1996
4 Supplement, is amended to read:
5 414.25 Exemption from leased real property
6 requirements.--In order to facilitate implementation of this
7 chapter with respect to establishing jobs and benefits
8 offices, the Department of Labor and Employment Security and
9 the Department of Children and Family Health and
10 Rehabilitative Services are is exempt from the requirements of
11 s. 255.25 which relate to the procurement of leased real
12 property. This exemption expires June 30, 1998.
13 Section 23. Section 414.27, Florida Statutes, 1996
14 Supplement, is amended to read:
15 414.27 Temporary cash Public assistance; payment on
16 death.--
17 (1) Upon the death of any person receiving temporary
18 cash public assistance through the Department of Children and
19 Family Health and Rehabilitative Services, all temporary cash
20 public assistance accrued to such person from the date of last
21 payment to the date of death shall be paid to the person who
22 shall have been designated by him on a form prescribed by the
23 department and filed with the department during the lifetime
24 of the person making such designation. If In the event no
25 designation is made, or the person so designated is no longer
26 living or cannot be found, then payment shall be made to such
27 person as may be designated by the circuit judge of the county
28 where the public assistance recipient of temporary cash
29 assistance resided. Designation by the circuit judge may be
30 made on a form provided by the department or by letter or
31 memorandum to the Comptroller. No filing or recording of the
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1 designation shall be required, and the circuit judge shall
2 receive no compensation for such service. If a warrant has
3 not been issued and forwarded prior to notice by the
4 department of the recipient's death, upon notice thereof, the
5 department shall promptly requisition the Comptroller to issue
6 a warrant in the amount of the accrued temporary cash
7 assistance payable to the person designated to receive it and
8 shall attach to the requisition the original designation of
9 the deceased recipient, or if none, the designation made by
10 the circuit judge, as well as a notice of death. The
11 Comptroller shall issue a warrant in the amount payable.
12 (2) If a warrant has been issued and not cashed by the
13 recipient payee prior to his death, such warrant shall be
14 promptly returned to the department, together with notice of
15 the death of the recipient. The original warrant shall be
16 endorsed on the back by an authorized employee of the
17 department. The endorsement must shall be on a form prescribed
18 by the department and approved by the Comptroller which must
19 shall contain the name of the deceased recipient, a statement
20 of his death, and the date thereof and state that it is
21 payable to the order of the designated beneficiary, without
22 recourse. The form shall be signed by the authorized employee
23 or employees of the department, and thereupon such warrant
24 shall be payable to the designated beneficiary as fully and
25 completely as if made payable to him when issued. The
26 department shall furnish to the Comptroller each month a list
27 of such deceased recipients, the designated beneficiaries or
28 persons to whom such warrants are endorsed, and a description
29 of such warrants as herein provided. The department shall
30 cause all persons receiving temporary cash public assistance
31
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1 to make the designations as soon as conveniently may be, and
2 shall preserve such designations in a safe place for use.
3 Section 24. Subsections (8) and (10) of section
4 414.28, Florida Statutes, 1996 Supplement, are amended to
5 read:
6 414.28 Public assistance payments to constitute debt
7 of recipient.--
8 (8) DISPOSITION OF FUNDS RECOVERED.--All funds
9 collected under this section shall be deposited with the
10 Department of Banking and Finance and a report of such deposit
11 made to the department of Health and Rehabilitative Services.
12 After payment of costs the sums so collected shall be credited
13 to the department of Health and Rehabilitative Services and
14 used by it.
15 (10) PUBLIC ASSISTANCE.--For the purposes of this
16 section, the term "public assistance" includes all money
17 payments made to or on behalf of a recipient, including, but
18 not limited to, temporary cash assistance received under this
19 chapter, the Medicaid program, and mandatory and optional
20 supplement payments under the Social Security Act.
21 Section 25. Section 414.29, Florida Statutes, 1996
22 Supplement, is amended to read:
23 414.29 Lists of recipients of temporary cash Public
24 assistance rolls open.--
25 (1) The lists of names of all persons who have
26 received public assistance payments of temporary cash
27 assistance and the amounts of such payments are a matter of
28 public record. They are available for inspection, subject to
29 the limitations specified in subsection (2), at the local
30 offices in the counties wherein the recipients of such
31 payments reside.
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1 (2)(a) It is unlawful for any person, for himself, or
2 for any other person, body, association, firm, corporation,
3 group, or agency, to solicit, disclose, receive, or make use
4 of, or to authorize, knowingly permit, participate in or
5 acquiesce in the use of, any of the lists or parts of such
6 lists of names of public assistance recipients of temporary
7 cash assistance herein required to be filed for commercial or
8 political purposes of any nature.
9 (b) Any person who violates any provision of this
10 section is guilty of a misdemeanor of the second degree,
11 punishable as provided in s. 775.082 or s. 775.083.
12 Section 26. Paragraph (a) of subsection (1) and
13 subsection (3) of section 414.32, Florida Statutes, 1996
14 Supplement, are amended to read:
15 414.32 Prohibitions and restrictions with respect to
16 food stamps.--
17 (1) COOPERATION WITH CHILD SUPPORT ENFORCEMENT
18 AGENCY.--
19 (a) A parent or caretaker relative who receives
20 temporary cash assistance or food stamps on behalf of a child
21 under 18 years of age who has an absent parent is ineligible
22 for food stamps unless the parent or caretaker relative
23 cooperates with the state agency that administers the child
24 support enforcement program in establishing the paternity of
25 the child, if the child is born out of wedlock, and in
26 obtaining support for the child or for the parent or caretaker
27 relative and the child. This paragraph does not apply if the
28 state agency that administers the child support enforcement
29 program determines that the parent or caretaker relative has
30 good cause for failing to cooperate in establishing the
31 paternity of the child.
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1 (3) REDUCTION OR DENIAL OF TEMPORARY CASH ASSISTANCE
2 BENEFITS.--The food stamp allotment shall be reduced or
3 terminated as otherwise provided in this chapter if temporary
4 cash assistance under the WAGES Program is reduced or denied
5 because an individual in the family fails to perform an action
6 required under the program.
7 Section 27. Subsection (3) of section 414.35, Florida
8 Statutes, 1996 Supplement, is amended to read:
9 414.35 Emergency relief.--
10 (3) In administering emergency food stamp and other
11 emergency assistance programs, the department shall cooperate
12 fully with the United States Government and with other
13 departments, instrumentalities, and agencies of this state.
14 Section 28. Section 414.36, Florida Statutes, 1996
15 Supplement, is amended to read:
16 414.36 Public assistance overpayment recovery program;
17 contracts.--
18 (1) The department of Health and Rehabilitative
19 Services shall develop and implement a plan for the statewide
20 privatization of activities relating to the recovery of public
21 assistance overpayment claims. These activities shall include,
22 at a minimum, voluntary cash collections functions for
23 recovery of fraudulent and nonfraudulent benefits paid to
24 recipients of temporary cash assistance under the WAGES
25 Program, food stamps, and aid to families with dependent
26 children.
27 (2) For purposes of privatization of public assistance
28 overpayment recovery, the department shall enter into
29 contracts consistent with federal law with for-profit
30 corporations, not-for-profit corporations, or other entities
31 capable of providing the benefit recovery services for
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1 recovering public assistance required under this section. The
2 department shall issue requests for proposals, enter into a
3 competitive bidding process, and negotiate contracts for such
4 services. Contracts for such services may be funded on a
5 contingency fee basis, per fiscal year, based on a percentage
6 of the state-retained share of collections, for claims for
7 food stamps, stamp and aid to families with dependent
8 children, and temporary cash assistance claims. This section
9 does not prohibit districts from entering into contracts to
10 carry out the provisions of this section, if that is a
11 cost-effective use of resources.
12 (3) The Economic Self-sufficiency Services Program
13 Office of the department shall have responsibility for
14 contract management and for monitoring and policy development
15 functions relating to privatization of the public assistance
16 overpayment recovery program.
17 Section 29. Subsections (1) and (9), paragraphs (a),
18 (c), (d), and (e) of subsection (10), and subsections (11) and
19 (12) of section 414.38, Florida Statutes, 1996 Supplement, are
20 amended to read:
21 414.38 Pilot work experience and job training for
22 noncustodial parents program.--
23 (1) There is established in two judicial circuits a
24 work experience and job training pilot program for
25 noncustodial parents, of which one circuit must be in a
26 circuit with a mandatory family transition program in
27 operation. The program shall be administered by the
28 department of Health and Rehabilitative Services.
29 (9) The department of Health and Rehabilitative
30 Services shall contract with a private service provider for
31 job training, placement, and support services. The department
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1 of Health and Rehabilitative Services shall develop a request
2 for proposal to include procedures and criteria for the
3 competitive acceptance of proposals from interested service
4 providers. Each interested service provider seeking a pilot
5 program pursuant to this section must be able to demonstrate:
6 (a) Experience in executing large-scale social
7 experiments;
8 (b) Experience in doing research involving waivers of
9 federal AFDC, JOBS, and child support enforcement policies;
10 (c) An understanding of the demographics and
11 experiences of economically disadvantaged noncustodial
12 parents; and
13 (d) Experience in working directly with state programs
14 designed to assist disadvantaged noncustodial parents.
15 (10)(a) The department of Health and Rehabilitative
16 Services, in consultation with the Department of Revenue and
17 the Department of Labor and Employment Security, shall
18 conduct, or shall contract with one or more entities to
19 conduct, a comprehensive evaluation of the program or programs
20 funded through this section. An initial phase of such
21 evaluation must be designed to monitor the extent to which the
22 local work experience and job training pilot program is being
23 implemented and to make recommendations on how best to expand
24 the local work experience and job training pilot program to
25 other sites, including validation of estimated program costs
26 and savings related to factors such as support services, child
27 support paid, job training and placement, peer support
28 components, staffing ratios, and service integration. The
29 initial phase of the evaluation must provide information on
30 the preliminary outcomes of the program, including rates of
31 job placement and job retention and participant salary levels.
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1 The department of Health and Rehabilitative Services shall
2 report results of the initial evaluation within 18 months
3 after the demonstration projects begin.
4 (c) In order to provide evaluation findings with the
5 highest feasible level of scientific validity, the department
6 of Health and Rehabilitative Services may contract for an
7 evaluation design that includes random assignment of program
8 participants to program groups and control groups. Under such
9 design, members of control groups must be given the level of
10 job training and placement services generally available to
11 noncustodial parents who are not included in the local work
12 experience and job training pilot program areas. The
13 provisions of s. 402.105 or similar provisions of federal or
14 state law do not apply under this section.
15 (d) If the secretary determines that procurement
16 procedures for the evaluation will delay the application or
17 approval of any required federal waivers or would otherwise
18 delay initial implementation of local work experience and job
19 training pilot program beyond January 1, 1996, the secretary
20 may proceed with such procurement, notwithstanding any
21 provisions of chapter 287. However, the professional standards
22 of any contractor selected must be consistent with the
23 provisions of this section, and the amount of the contract
24 must not exceed the funds provided for this purpose.
25 (d)(e) A copy of the evaluation report shall be
26 submitted to the Governor, the President of the Senate, the
27 Speaker of the House of Representatives, and appropriate
28 substantive committees of the Legislature by June 30, 1999.
29 (11) The Department of Health and Rehabilitative
30 Services shall obtain the necessary waivers from the United
31
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1 States Department of Health and Human Services in order to
2 implement this section.
3 (11)(12) The department of Health and Rehabilitative
4 Services, in consultation with the Department of Revenue and
5 the Department of Labor and Employment Security, shall adopt
6 rules to implement this section.
7 Section 30. Subsections (1), (3), (4), (5), (6), (7),
8 (8), (9), and (10) of section 414.39, Florida Statutes, 1996
9 Supplement, are amended to read:
10 414.39 Fraud.--
11 (1) Any person who knowingly:
12 (a) Fails, by false statement, misrepresentation,
13 impersonation, or other fraudulent means, to disclose a
14 material fact used in making a determination as to such
15 person's qualification to receive public assistance aid or
16 benefits under any state or federally funded assistance
17 program;, or
18 (b) Fails to disclose a change in circumstances in
19 order to obtain or continue to receive under any such public
20 assistance program aid or benefits to which he is not entitled
21 or in an amount larger than that to which he is entitled; or,
22 (c) or who knowingly Aids and abets another person in
23 the commission of any such act,
24
25 is guilty of a crime and shall be punished as provided in
26 subsection (5).
27 (3) Any person having duties in the administration of
28 a state or federally funded public assistance program or in
29 the distribution of public assistance benefits, or
30 authorizations or identifications to obtain public assistance
31
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1 benefits, under a state or federally funded public assistance
2 program and who:
3 (a) Fraudulently misappropriates, attempts to
4 misappropriate, or aids and abets in the misappropriation of,
5 a food stamp, an authorization for food stamps, a food stamp
6 identification card, a certificate of eligibility for
7 prescribed medicine, a Medicaid identification card, or public
8 assistance from any other state or federally funded program
9 with which he has been entrusted or of which he has gained
10 possession by virtue of his position, or who knowingly fails
11 to disclose any such fraudulent activity;, or
12 (b) Knowingly misappropriates, attempts to
13 misappropriate, or aids or abets in the misappropriation of,
14 funds given in exchange for food stamps or for any form of
15 food stamp benefits authorization,
16
17 is guilty of a crime and shall be punished as provided in
18 subsection (5).
19 (4) Any person who:
20 (a) Knowingly files, attempts to file, or aids and
21 abets in the filing of, a claim for services to a recipient of
22 public assistance benefits under any state or federally funded
23 public assistance program for services that which were not
24 rendered; knowingly files a false claim or a claim for
25 nonauthorized items or services under such a program; or
26 knowingly bills the recipient of public assistance benefits
27 under such a program, or his family, for an amount in excess
28 of that provided for by law or regulation;, or
29 (b) Knowingly fails to credit the state or its agent
30 for payments received from social security, insurance, or
31 other sources;, or
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1 (c) In any way knowingly receives, attempts to
2 receive, or aids and abets in the receipt of, unauthorized
3 payment or other unauthorized public assistance benefit or
4 authorization or identification to obtain public assistance
5 benefits as provided herein,
6
7 is guilty of a crime and shall be punished as provided in
8 subsection (5).
9 (5)(a) If the value of the public assistance or
10 identification wrongfully received, retained, misappropriated,
11 sought, or used is less than an aggregate value of $200 in any
12 12 consecutive months, such person commits is guilty of a
13 misdemeanor of the first degree, punishable as provided in s.
14 775.082 or s. 775.083.
15 (b) If the value of the public assistance or
16 identification wrongfully received, retained, misappropriated,
17 sought, or used is of an aggregate value of $200 or more in
18 any 12 consecutive months, such person commits is guilty of a
19 felony of the third degree, punishable as provided in s.
20 775.082, s. 775.083, or s. 775.084.
21 (c) As used in this subsection, the value of a food
22 stamp authorization benefit is the cash or exchange value
23 unlawfully obtained by the fraudulent act committed in
24 violation of this section.
25 (d) As used in this section, "fraud" includes the
26 introduction of fraudulent records into a computer system, the
27 unauthorized use of computer facilities, the intentional or
28 deliberate alteration or destruction of computerized
29 information or files, and the stealing of financial
30 instruments, data, and other assets.
31
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1 (6) Any person providing service for which
2 compensation is paid under any state or federally funded
3 public assistance program who solicits, requests, or receives,
4 either actually or constructively, any payment or contribution
5 through a payment, assessment, gift, devise, bequest or other
6 means, whether directly or indirectly, from either a recipient
7 of public assistance from such public assistance program, or
8 from the family of such a recipient, shall notify the
9 Department of Children and Family Health and Rehabilitative
10 Services, on a form provided by the department, of the amount
11 of such payment or contribution and of such other information
12 as specified by the department, within 10 days after the
13 receipt of such payment or contribution or, if said payment or
14 contribution is to become effective at some time in the
15 future, within 10 days of the consummation of the agreement to
16 make such payment or contribution. Failure to notify the
17 department within the time prescribed is a misdemeanor of the
18 first degree, punishable as provided in s. 775.082 or s.
19 775.083.
20 (7) Repayment of public assistance benefits or
21 services or return of authorization or identification
22 wrongfully obtained is shall not constitute a defense to, or
23 ground for dismissal of, criminal charges brought under this
24 section.
25 (8)(a) The introduction into evidence of a paid state
26 warrant made to the order of the defendant is shall be prima
27 facie evidence that the defendant did receive public
28 assistance from the state.
29 (b) The introduction into evidence of a transaction
30 history generated by a Personal Identification Number (PIN)
31 establishing a purchase or withdrawal by electronic benefit
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1 transfer is prima facie evidence that the identified recipient
2 received public assistance from the state.
3 (9) All records relating to investigations of public
4 assistance fraud in the custody of the department of Health
5 and Rehabilitative Services and the Agency for Health Care
6 Administration are available for examination by the Division
7 of Public Assistance Fraud of the office of the Auditor
8 General pursuant to s. 11.50 and are admissible into evidence
9 in proceedings brought under this section as business records
10 within the meaning of s. 90.803(6).
11 (10) The department shall create an error-prone or
12 fraud-prone case profile within its public assistance
13 information system and shall screen each application for
14 public assistance, including food stamps, Medicaid, and
15 temporary cash assistance under the WAGES Program, against the
16 profile to identify cases that have a potential for error or
17 fraud. Each case so identified shall be subjected to
18 preeligibility fraud screening.
19 Section 31. Paragraph (d) of subsection (2) of section
20 414.40, Florida Statutes, 1996 Supplement, is amended to read:
21 414.40 Stop Inmate Fraud Program established;
22 guidelines.--
23 (2) The division is directed to implement the Stop
24 Inmate Fraud Program in accordance with the following
25 guidelines:
26 (d) Data obtained from correctional institutions or
27 other detention facilities shall be compared with the client
28 files of the Department of Children and Family Health and
29 Rehabilitative Services, the Department of Labor and
30 Employment Security, and other state or local agencies as
31 needed to identify persons wrongfully obtaining benefits.
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1 Data comparisons shall be accomplished during periods of low
2 information demand by agency personnel to minimize
3 inconvenience to the agency.
4 Section 32. Subsections (1), (2), (4), and (5) of
5 section 414.41, Florida Statutes, 1996 Supplement, are amended
6 to read:
7 414.41 Recovery of payments made due to mistake or
8 fraud.--
9 (1) Whenever it becomes apparent that any person or
10 provider has received any public assistance or benefits under
11 this chapter to which he is not entitled, through either
12 simple mistake or fraud, the department shall take all
13 necessary steps to recover the overpayment. The department
14 may make appropriate settlements and shall establish a policy
15 and cost-effective rules to be used in the recovery of such
16 overpayments.
17 (2) The department shall determine if recovery of an
18 overpayment as a result of department error regarding
19 temporary cash assistance provided under the WAGES Program or
20 benefits provided to a recipient of aid to families with
21 dependent children would create extreme hardship. The
22 department shall provide by rule the circumstances that
23 constitute an extreme hardship. The department may reduce the
24 amount of repayment if a recipient or participant demonstrates
25 to the satisfaction of the department that repayment of the
26 entire overpayment would result in extreme hardship, but the
27 department may not excuse repayment. A determination of
28 extreme hardship is not grounds for a waiver of repayment in
29 whole or in part.
30 (4) When the Agency for Health Care Administration
31 department has made a probable cause determination and alleged
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1 that an overpayment to a Medicaid provider has occurred, the
2 agency department, after notice to the provider, may:
3 (a) Withhold, and continue to withhold during the
4 pendency of an administrative hearing pursuant to chapter 120,
5 any medical assistance reimbursement payments until such time
6 as the overpayment is recovered, unless within 30 days after
7 receiving notice thereof the provider:
8 1. Makes repayment in full; or
9 2. Establishes a repayment plan that is satisfactory
10 to the Agency for Health Care Administration department.
11 (b) Withhold, and continue to withhold during the
12 pendency of an administrative hearing pursuant to chapter 120,
13 medical assistance reimbursement payments if the terms of a
14 repayment plan are not adhered to by the provider.
15
16 If Should a provider requests request an administrative
17 hearing pursuant to chapter 120, such hearing must shall be
18 conducted within 90 days following receipt by the provider of
19 the final audit report, absent exceptionally good cause shown
20 as determined by the administrative law judge or hearing
21 officer. Upon issuance of a final order, the balance
22 outstanding of the amount determined to constitute the
23 overpayment shall become due. Any withholding of payments by
24 the Agency for Health Care Administration department pursuant
25 to this section shall be limited so that the monthly medical
26 assistance payment is not reduced by more than 10 percent.
27 (5) In all final agency actions and orders issued by
28 administrative law judges or hearing officers that relate to
29 recovery of medical assistance overpayments made due to a
30 mistake of the provider or fraud, the Agency for Health Care
31 Administration department shall make a motion to impose an
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1 interest penalty at 10 percent per year from the date of final
2 agency action or order by an administrative law judge or a
3 hearing officer until the overpayment is recovered by the
4 Agency for Health Care Administration department. When the
5 administrative law judge's or hearing officer's decision is
6 that an overpayment was not made in an amount as great as
7 identified by the Agency for Health Care Administration
8 department, any collections made by the agency department
9 pursuant to subsection (4) shall be reimbursed within 60 days
10 to the provider by the agency department with interest at 10
11 percent per year.
12 Section 33. Section 414.42, Florida Statutes, 1996
13 Supplement, is amended to read:
14 414.42 Cause for employee dismissal.--It is cause for
15 dismissal of an employee of the Department of Children and
16 Family Health and Rehabilitative Services if the employee
17 knowingly and willfully allows an ineligible person to obtain
18 public assistance.
19 Section 34. Section 414.44, Florida Statutes, 1996
20 Supplement, is amended to read:
21 414.44 Data collection and reporting.--The department
22 and the Department of Labor and Employment Security shall
23 collect data necessary to administer this chapter and make the
24 reports required under federal law to the United States
25 Department of Health and Human Services and the United States
26 Department of Agriculture.
27 Section 35. Section 414.45, Florida Statutes, 1996
28 Supplement, is amended to read:
29 414.45 Rulemaking.--The department may adopt, amend,
30 or repeal rules, as provided in chapter 120, to implement,
31 enforce, and interpret to administer the programs provided for
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1 in this chapter. The Department of Labor and Employment
2 Security may adopt, amend, or repeal rules, as provided in
3 chapter 120, to implement, enforce, and interpret this
4 chapter. The shall adopt rules must that provide protection
5 against discrimination and the opportunity for a participant
6 to request a review by a supervisor or administrator of any
7 decision made by a panel or board of the department, the
8 Department of Labor and Employment Security, or the WAGES
9 Program.
10 Section 36. Section 414.55, Florida Statutes, 1996
11 Supplement, is amended to read:
12 414.55 Implementation of ss. 414.015-414.55 ch.
13 96-175.--Following the effective date of ss. 414.015-414.55
14 this act:
15 (1)(a) The Governor may delay implementation of ss.
16 414.015-414.55 this act in order to provide the department,
17 the Department of Labor and Employment Security, the
18 Department of Revenue, and the Department of Health with the
19 time necessary to prepare to implement new programs.
20 (b) The Governor may also delay implementation of
21 portions of ss. 414.015-414.55 this act, in order to allow
22 savings resulting from the enactment of ss. 414.015-414.55 act
23 to pay for provisions implemented later. If the Governor
24 determines that portions of ss. 414.015-414.55 this act should
25 be delayed, the priority in implementing ss. 414.015-414.55
26 this act shall be, in order of priority:
27 1. Provisions that provide savings in the first year
28 of implementation.
29 2. Provisions necessary to the implementation of work
30 activity requirements, time limits, and sanctions.
31
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1 3. Provisions related to removing marriage penalties
2 and expanding temporary cash assistance benefits to stepparent
3 and two-parent families.
4 4. Provisions related to the reduction of teen
5 pregnancy and out-of-wedlock births.
6 5. Other provisions.
7 (2) The programs affected by ss. 414.015-414.55 this
8 act shall continue to operate under the provisions of law that
9 would be in effect in the absence of ss. 414.015-414.55 this
10 act, until such time as the Governor informs the Speaker of
11 the House of Representatives and the President of the Senate
12 of his intention to implement provisions of ss. 414.015-414.55
13 this act. Notice of intent to implement ss. 414.015-414.55
14 provisions of this act shall be given to the Speaker of the
15 House of Representatives and the President of the Senate in
16 writing and shall be delivered at least 14 consecutive days
17 prior to such action.
18 (3) Any changes to a program, activity, or function
19 taken pursuant to this section subsection shall be considered
20 a type two transfer pursuant to the provisions of s. 20.06(2).
21 (4) In implementing ss. 414.015-414.55, the Governor
22 shall minimize the liability of the state by opting out of the
23 special provision related to community work, as described in
24 s. 402(a)(1)(B)(iv) of the Social Security Act, as amended by
25 P.L. 104-193. The department and the Department of Labor and
26 Employment Security shall implement the community work program
27 in accordance with ss. 414.015-414.55.
28 Section 37. Eligibility for assistance for individuals
29 assigned to the ongoing welfare reform evaluation in Escambia
30 County shall be determined in accordance with the terms and
31 conditions of the evaluation agreement between the Department
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1 of Children and Family Services and the United States
2 Department of Health and Human Services. The evaluation
3 agreement may continue in effect regardless of the status of
4 federal waivers, and the terms and conditions of the
5 evaluation may be modified, as determined by the Department of
6 Children and Family Services, to accomplish the goals of the
7 evaluation.
8 Section 38. Subsection (3) of section 402.313, Florida
9 Statutes, 1996 Supplement, is amended, and subsection (10) is
10 added to that section, to read:
11 402.313 Family day care homes.--
12 (3) Child care personnel in family day care homes
13 shall be subject to the applicable screening provisions
14 contained in ss. 402.305(2) 402.305(1) and 402.3055. For
15 purposes of screening in family day care homes, the term
16 includes any member over the age of 12 years of a family day
17 care home operator's family, or persons over the age of 12
18 years residing with the operator in the family day care home.
19 Members of the operator's family, or persons residing with the
20 operator, who are between the ages of 12 years and 18 years
21 shall not be required to be fingerprinted, but shall be
22 screened for delinquency records.
23 (10) The department shall, by rule, establish minimum
24 standards for licensed family day care homes. The standards
25 must include, but need not be limited to, requirements for
26 personnel qualifications and training, the physical facility,
27 admissions, recordkeeping, the enforcement of standards,
28 nutrition, discipline, and child care for children during
29 evening hours.
30 Section 39. This act shall take effect upon becoming a
31 law.
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1 *****************************************
2 SENATE SUMMARY
3 Revises various provisions of ch. 414, F.S., which
created the Work and Gain Economic Self-sufficiency
4 (WAGES) Act. Revises terminology to reflect the
reorganization of the former Department of Health and
5 Rehabilitative Services and the creation of the
Department of Children and Family Services. Clarifies the
6 duties of the Department of Labor and Employment Security
with respect to administering certain requirements of the
7 WAGES Program. Provides for determining eligibility for
individuals who are assigned to an evaluation program.
8 (See bill for details.)
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