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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 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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: 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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. 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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. 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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: 31 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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. 31 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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. 31 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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. 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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. 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 31 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 21 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 22 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 23 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 24 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 25 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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. 26 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 27 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 28 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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. 29 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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. 30 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 31 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 32 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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: 33 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 34 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 35 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 36 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 37 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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. 38 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 39 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 40 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 41 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 42 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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. 43 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 44 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 45 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 46 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 47 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 48 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 49 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 50 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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.-- 51 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 52 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 53 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 54 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 55 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 56 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 57 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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. 58 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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. 59 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 60 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 61 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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. 62 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 63 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 64 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 65 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 66 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 67 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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. 68 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 69 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 70 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 71 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 72 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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 73 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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. 74 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 953 507-155-97 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.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 75