House Bill 2119
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Florida House of Representatives - 1999 HB 2119
By the Committee on Children & Families and Representative
Murman
1 A bill to be entitled
2 An act relating to the WAGES Program; amending
3 s. 402.305, F.S.; revising provisions excepting
4 program participants working at a child care
5 facility from calculation of the facility's
6 staff-to-child ratio; creating s. 414.045,
7 F.S.; providing cash assistance program
8 reporting and oversight requirements; providing
9 duties of the state board of directors, local
10 coalitions, and Department of Children and
11 Family Services; amending s. 414.065, F.S.;
12 revising a limitation on the use of vocational
13 education to fulfill work activity
14 requirements; revising provisions relating to
15 job skills training; providing for extended
16 education and training; providing penalties for
17 failure to comply with work activity
18 alternative requirement plans; revising
19 provisions relating to interview, counseling,
20 and services for noncompliant participants;
21 providing for limited work activity assignments
22 for persons with medically verified
23 limitations; providing for medical or
24 vocational assessment; providing an exemption
25 from work activity requirements for certain
26 supplemental security income applicants;
27 amending s. 414.085, F.S.; revising
28 applicability of certain federal income to
29 program income eligibility standards; providing
30 that local coalition incentive payments not be
31 considered income; amending s. 414.095, F.S.;
1
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1 revising provisions relating to temporary cash
2 assistance and a shelter obligation for teen
3 parents; amending s. 414.105, F.S.; revising
4 time limitations and exceptions for temporary
5 cash assistance; providing for transitional
6 benefits and services for families losing
7 eligibility for temporary cash assistance;
8 creating s. 414.127, F.S.; authorizing local
9 WAGES coalitions to establish a plan for
10 increasing WAGES participants' educational
11 attainment and job skills; creating s.
12 414.1525, F.S.; authorizing an early exit
13 diversion program; providing criteria for
14 one-time lump-sum payment in lieu of ongoing
15 cash assistance; providing limitations;
16 amending s. 414.155, F.S.; revising procedure
17 for determination of relocation assistance and
18 for receipt and repayment of emergency cash
19 assistance thereafter; providing eligibility
20 for transitional benefits and services;
21 creating s. 414.157, F.S.; authorizing a
22 diversion program for victims of domestic
23 violence; providing eligibility; providing
24 limitations; creating s. 414.159, F.S.;
25 authorizing the teen parent and teen pregnancy
26 diversion program; providing eligibility;
27 providing limitations; amending s. 414.22,
28 F.S.; revising eligibility for transitional
29 education and training; amending s. 414.225,
30 F.S.; revising purposes and requirements
31 relating to transitional transportation;
2
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1 amending s. 414.70, F.S.; providing drug
2 testing and screening requirements for parents
3 and caretaker relatives in a cash assistance
4 group; providing exceptions; providing
5 applicability of work requirements and
6 penalties to persons who fail to comply with
7 drug testing and screening requirements;
8 repealing s. 414.29, F.S., relating to access
9 to lists of temporary cash assistance
10 recipients; repealing s. 414.43, F.S., relating
11 to a special needs allowance for families with
12 a disabled family member; providing an
13 effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Paragraph (b) of subsection (4) of section
18 402.305, Florida Statutes, 1998 Supplement, is amended to
19 read:
20 402.305 Licensing standards; child care facilities.--
21 (4) STAFF-TO-CHILDREN RATIO.--
22 (a) Minimum standards for the care of children in a
23 licensed child care facility as established by rule of the
24 department must include:
25 1. For children from birth through 1 year of age,
26 there must be one child care personnel for every four
27 children.
28 2. For children 1 year of age or older, but under 2
29 years of age, there must be one child care personnel for every
30 six children.
31
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1 3. For children 2 years of age or older, but under 3
2 years of age, there must be one child care personnel for every
3 11 children.
4 4. For children 3 years of age or older, but under 4
5 years of age, there must be one child care personnel for every
6 15 children.
7 5. For children 4 years of age or older, but under 5
8 years of age, there must be one child care personnel for every
9 20 children.
10 6. For children 5 years of age or older, there must be
11 one child care personnel for every 25 children.
12 7. When children 2 years of age and older are in care,
13 the staff-to-children ratio shall be based on the age group
14 with the largest number of children within the group.
15 (b) This subsection does not apply to nonpublic
16 schools and their integral programs as defined in s.
17 402.3025(2)(d)1. In addition, an individual participating in a
18 community service work experience activity under s.
19 414.065(1)(d), or a work experience activity under s.
20 414.065(1)(e), at a child care facility employee of a child
21 care facility who receives subsidized wages under the WAGES
22 Program may not be considered in calculating the
23 staff-to-children ratio.
24 Section 2. Section 414.045, Florida Statutes, is
25 created to read:
26 414.045 Cash assistance program.--Cash assistance
27 families include any families receiving cash assistance
28 payments from the state program for temporary assistance for
29 needy families as defined in federal law, whether such funds
30 are from federal funds, state funds, or commingled federal and
31 state funds. Cash assistance families may also include
4
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1 families receiving cash assistance through a program defined
2 as a separate state program for the purpose of limiting
3 potential state liability for penalties under the federal
4 program.
5 (1) For reporting purposes, families receiving cash
6 assistance shall be grouped in the following categories. The
7 department may develop additional groupings in order to comply
8 with federal reporting requirements, to comply with the
9 data-reporting needs of the WAGES Program State Board of
10 Directors, or to better inform the public of program progress.
11 Program reporting data shall include, but not necessarily be
12 limited to, the following groupings:
13 (a) WAGES Cases.--WAGES cases shall include:
14 1. Families containing an adult or a teen head of
15 household, as defined by federal law. These cases are
16 generally subject to the work activity requirements provided
17 in s. 414.065 and the time limitations on benefits provided in
18 s. 414.105.
19 2. Families with a parent where the parent's needs
20 have been removed from the case due to sanction or
21 disqualification shall be considered WAGES cases to the extent
22 that such cases are considered in the calculation of federal
23 participation rates or would be counted in such calculation in
24 future months.
25 3. Families participating in transition assistance
26 programs.
27 4. Families otherwise eligible for the WAGES Program
28 that receive a diversion or early exit payment or participate
29 in the relocation program.
30
31
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1 (b) Child-only cases.--Child-only cases include cases
2 that do not have an adult or teen head of household as defined
3 in federal law. Such cases include:
4 1. Child-only families with children in the care of
5 caretaker relatives where the caretaker relatives choose to
6 have their needs excluded in the calculation of the amount of
7 cash assistance.
8 2. Families in the Relative Caregiver Program as
9 provided in s. 39.5085.
10 3. Families in which the only parent in a
11 single-parent family or both parents in a two-parent family
12 receive supplemental security income (SSI) benefits under
13 Title XVI of the Social Security Act, as amended. To the
14 extent permitted by federal law, individuals receiving SSI
15 shall be excluded as household members in determining the
16 amount of cash assistance, and such cases shall not be
17 considered families containing an adult. Parents or caretaker
18 relatives who are excluded from the cash assistance group due
19 to receipt of SSI may choose to participate in WAGES work
20 activities. An individual who volunteers to participate in
21 WAGES work activity but whose ability to participate in work
22 activities is limited shall be assigned to work activities
23 consistent with such limitations. An individual who volunteers
24 to participate in a WAGES work activity may receive
25 WAGES-related child care or support services consistent with
26 such participation.
27 4. Families where the only parent in a single-parent
28 family or both parents in a two-parent family are not eligible
29 for cash assistance due to immigration status or other
30 requirements of federal law. To the extent required by federal
31
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1 law, such cases shall not be considered families containing an
2 adult.
3
4 Families described in subparagraph 1., subparagraph 2., or
5 subparagraph 3. may receive child care assistance or other
6 supports or services so that the children may continue to be
7 cared for in their own homes or the homes of relatives. Such
8 assistance or services may be funded from the temporary
9 assistance for needy families block grant to the extent
10 permitted under federal law and to the extent permitted by
11 appropriation of funds.
12 (2) The oversight of the WAGES Program State Board of
13 Directors and the service delivery and financial planning
14 responsibilities of the local WAGES coalitions shall apply to
15 the families defined as WAGES cases in paragraph (1)(a). The
16 department shall be responsible for program administration
17 related to families in groups defined in paragraph (1)(b) and
18 the department shall coordinate such administration with the
19 WAGES Program State Board of Directors to the extent needed
20 for operation of the program.
21 Section 3. Paragraphs (g) and (h) of subsection (1)
22 and subsections (2), (4), and (7) of section 414.065, Florida
23 Statutes, 1998 Supplement, are amended, and paragraph (l) is
24 added to subsection (1), to read:
25 414.065 Work requirements.--
26 (1) WORK ACTIVITIES.--The following activities may be
27 used individually or in combination to satisfy the work
28 requirements for a participant in the WAGES Program:
29 (g) Vocational education or training.--Vocational
30 education or training is education or training designed to
31 provide participants with the skills and certification
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1 necessary for employment in an occupational area. Vocational
2 education or training may be used as a primary program
3 activity for participants when it has been determined that the
4 individual has demonstrated compliance with other phases of
5 program participation and successful completion of the
6 vocational education or training is likely to result in
7 employment entry at a higher wage than the participant would
8 have been likely to attain without completion of the
9 vocational education or training. Vocational education or
10 training may be combined with other program activities and
11 also may be used to upgrade skills or prepare for a higher
12 paying occupational area for a participant who is employed.
13 1. Unless otherwise provided in this section,
14 vocational education shall not be used as the primary program
15 activity for a period which exceeds 12 months. The 12-month
16 restriction applies to instruction in a career education
17 program and does not include remediation of basic skills
18 through adult general education if remediation is necessary to
19 enable a WAGES participant to benefit from a career education
20 program. Any necessary remediation must be completed before a
21 participant is referred to vocational education as the primary
22 work activity. In addition, use of vocational education or
23 training shall be restricted to the not more than 20 percent
24 of adult participants in the WAGES region, or subject to other
25 limitation as established in federal law. Vocational education
26 included in a program leading to a high school diploma shall
27 not be considered vocational education for purposes of this
28 section.
29 2. When possible, a provider of vocational education
30 or training shall use funds provided by funding sources other
31 than the department or the Department of Labor and Employment
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1 Security. Either department may provide additional funds to a
2 vocational education or training provider only if payment is
3 made pursuant to a performance-based contract. Under a
4 performance-based contract, the provider may be partially paid
5 when a participant completes education or training, but the
6 majority of payment shall be made following the participant's
7 employment at a specific wage or job retention for a specific
8 duration. Performance-based payments made under this
9 subparagraph are limited to education or training for targeted
10 occupations identified by the Occupational Forecasting
11 Conference under s. 216.136, or other programs identified by
12 the Enterprise Florida workforce development board as
13 beneficial to meet the needs of designated groups, such as
14 WAGES participants, who are hard to place. If the contract
15 pays the full cost of training, the community college or
16 school district may not report the participants for other
17 state funding, except that the college or school district may
18 report WAGES clients for performance incentives or bonuses
19 authorized for student enrollment, completion, and placement.
20 (h) Job skills training directly related to
21 employment.--Job skills training directly related to
22 employment provides job skills training in a specific
23 occupation for which there is a written commitment by the
24 employer to offer employment to a participant who successfully
25 completes the training. Job skills training includes
26 customized training designed to meet the needs of a specific
27 employer or a specific industry. Job skills training shall
28 include literacy instruction, and may include English
29 proficiency instruction or Spanish language or other language
30 instruction if necessary to enable a participant to perform in
31 a specific job or job training program or if the training
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1 enhances employment opportunities in the local community. A
2 participant may be required to complete an entrance assessment
3 or test before entering into job skills training if
4 assessments or tests are required for employment upon
5 completion of the training. Job skills training includes
6 literacy instruction in the workplace if necessary to enable a
7 participant to perform in a specific job or job training
8 program.
9 (l) Extended education and training.--Notwithstanding
10 any other provisions of this section to the contrary, the
11 WAGES Program State Board of Directors may approve a plan by a
12 local WAGES coalition for assigning, as work requirements,
13 educational activities that exceed or are not included in
14 those provided elsewhere in this section and that do not
15 comply with federal work participation requirement
16 limitations. In order to be eligible to implement this
17 provision, a coalition must continue to exceed the overall
18 federal work participation rate requirements. For purposes of
19 this paragraph, the WAGES Program State Board of Directors may
20 adjust the regional participation requirement based on
21 regional caseload decline. However, this adjustment is
22 limited to no more than the adjustment produced by the
23 calculation used to generate federal adjustments to the
24 participation requirement due to caseload decline.
25 (2) WORK ACTIVITY REQUIREMENTS.--Each individual adult
26 participant who is not otherwise exempt must participate in a
27 work activity, except for community service work experience,
28 for the maximum number of hours allowable under federal law,
29 provided that no participant be required to work more than 40
30 hours per week or less than the minimum number of hours
31 required by federal law. The maximum number of hours each
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1 month that a participant may be required to participate in
2 community service activities is the greater of: the number of
3 hours that would result from dividing the family's monthly
4 amount for temporary cash assistance and food stamps by the
5 federal minimum wage and then dividing that result by the
6 number of participants in the family who participate in
7 community service activities; or the minimum required to meet
8 federal participation requirements. However, in no case shall
9 the maximum hours required per week for community work
10 experience exceed 40 hours. An applicant shall be referred for
11 employment at the time of application if the applicant is
12 eligible to participate in the WAGES Program.
13 (a) A participant in a work activity may also be
14 required to enroll in and attend a course of instruction
15 designed to increase literacy skills to a level necessary for
16 obtaining or retaining employment, provided that the
17 instruction plus the work activity does not require more than
18 40 hours per week.
19 (b) WAGES Program funds may be used, as available, to
20 support the efforts of a participant who meets the work
21 activity requirements and who wishes to enroll in or continue
22 enrollment in an adult general education program or a career
23 education program.
24 (4) PENALTIES FOR NONPARTICIPATION IN WORK
25 REQUIREMENTS AND FAILURE TO COMPLY WITH ALTERNATIVE
26 REQUIREMENT PLANS.--The department and the Department of Labor
27 and Employment Security shall establish procedures for
28 administering penalties for nonparticipation in work
29 requirements and failure to comply with the alternative
30 requirement plan. If an individual in a family receiving
31 temporary cash assistance fails to engage in work activities
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1 required in accordance with this section, the following
2 penalties shall apply. A diligent effort shall be made to
3 interview the participant to determine why full compliance has
4 not been achieved. The participant shall be counseled
5 regarding compliance and, if appropriate, shall be referred
6 for services that could assist the participant to fully comply
7 with program requirements.:
8 (a)1. First noncompliance: temporary cash assistance
9 shall be terminated for the family until the individual who
10 failed to comply does so, and food stamp benefits shall not be
11 increased as a result of the loss of temporary cash
12 assistance.
13 2.(b) Second noncompliance: temporary cash assistance
14 and food stamps shall be terminated for the family until the
15 individual demonstrates compliance in the required work
16 activity for a period of 30 days. Upon compliance, temporary
17 cash assistance and food stamps shall be reinstated to the
18 date of compliance. Prior to the imposition of sanctions for
19 a second noncompliance, the participant shall be interviewed
20 to determine why full compliance has not been achieved. The
21 participant shall be counseled regarding compliance and, if
22 appropriate, shall be referred for services that could assist
23 the participant to fully comply with program requirements.
24 3.(c) Third noncompliance: temporary cash assistance
25 and food stamps shall be terminated for the family for 3
26 months. The individual shall be required to demonstrate
27 compliance in the work activity upon completion of the 3-month
28 penalty period, before reinstatement of temporary cash
29 assistance and food stamps.
30 (b) If a participant receiving temporary cash
31 assistance who is otherwise exempted from noncompliance
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1 penalties fails to comply with the alternative requirement
2 plan required in accordance with this section, the penalties
3 provided in paragraph (a) shall apply.
4
5 If a participant fully complies with work activity
6 requirements for at least 6 months, the participant shall be
7 reinstated as being in full compliance with program
8 requirements for purpose of sanctions imposed under this
9 section.
10 (7) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--Unless
11 otherwise provided, the situations listed in this subsection
12 shall constitute exceptions to the penalties for noncompliance
13 with participation requirements, except that these situations
14 do not constitute exceptions to the applicable time limit for
15 receipt of temporary cash assistance:
16 (a) Noncompliance related to child care.--Temporary
17 cash assistance may not be terminated for refusal to
18 participate in work activities if the individual is a single
19 custodial parent caring for a child who has not attained 6
20 years of age, and the adult proves to the department or to the
21 Department of Labor and Employment Security an inability to
22 obtain needed child care for one or more of the following
23 reasons:
24 1. Unavailability of appropriate child care within a
25 reasonable distance from the individual's home or worksite.
26 2. Unavailability or unsuitability of informal child
27 care by a relative or under other arrangements.
28 3. Unavailability of appropriate and affordable formal
29 child care arrangements.
30 (b) Noncompliance related to domestic violence.--An
31 individual who is determined to be unable to comply with the
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1 work requirements because such compliance would make it
2 probable that the individual would be unable to escape
3 domestic violence shall be exempt from work requirements
4 pursuant to s. 414.028(4)(g). However, the individual shall
5 comply with a plan that specifies alternative requirements
6 that prepare the individual for self-sufficiency while
7 providing for the safety of the individual and the
8 individual's dependents. A participant who is determined to
9 be out of compliance with the alternative requirement plan
10 shall be subject to the penalties under subsection (4). An
11 exception granted under this paragraph does not constitute an
12 exception to the time limitations on benefits specified under
13 s. 414.105.
14 (c) Noncompliance related to treatment or remediation
15 of past effects of domestic violence.--An individual who is
16 determined to be unable to comply with the work requirements
17 under this section due to mental or physical impairment
18 related to past incidents of domestic violence may be exempt
19 from work requirements for a specified period pursuant to s.
20 414.028(4)(g), except that such individual shall comply with a
21 plan that specifies alternative requirements that prepare the
22 individual for self-sufficiency while providing for the safety
23 of the individual and the individual's dependents. A
24 participant who is determined to be out of compliance with the
25 alternative requirement plan shall be subject to the penalties
26 under subsection (4). The plan must include counseling or a
27 course of treatment necessary for the individual to resume
28 participation. The need for treatment and the expected
29 duration of such treatment must be verified by a physician
30 licensed under chapter 458 or chapter 459; a psychologist
31 licensed under s. 490.005(1), s. 490.006, or the provision
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1 identified as s. 490.013(2) in s. 1, chapter 81-235, Laws of
2 Florida; a therapist as defined in s. 491.003(2) or (6); or a
3 treatment professional who is registered under s.
4 415.605(1)(g), is authorized to maintain confidentiality under
5 s. 90.5036(1)(d), and has a minimum of 2 years experience at a
6 certified domestic violence center. An exception granted under
7 this paragraph does not constitute an exception from the time
8 limitations on benefits specified under s. 414.105.
9 (d) Noncompliance related to medical incapacity.--If
10 an individual cannot participate in assigned work activities
11 due to a medical incapacity, the individual may be excepted
12 from the activity for a specific period, except that the
13 individual shall be required to comply with the course of
14 treatment necessary for the individual to resume
15 participation. A participant may not be excused from work
16 activity requirements unless the participant's medical
17 incapacity is verified by a physician licensed under chapter
18 458 or chapter 459, in accordance with procedures established
19 by rule of the Department of Labor and Employment Security.
20 If it has been medically verified that an individual's ability
21 to participate in work activities is limited, the individual
22 shall be assigned to work activities consistent with such
23 limitations. Evaluation of an individual's ability to
24 participate in work activities or development of a plan for
25 work activity assignment shall include vocational assessment
26 or work evaluation by the Division of Vocational
27 Rehabilitation of the Department of Labor and Employment
28 Security or by a community-based organization such as Goodwill
29 Industries, as determined appropriate. The Department of Labor
30 and Employment Security or the local WAGES coalition may
31 require an individual to cooperate in medical assessment or
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1 vocational assessment, as determined necessary to evaluate the
2 individual's ability to participate in a work activity.
3 (e) Noncompliance due to medical incapacity by
4 applicants for supplemental security income (SSI).--If an
5 individual subject to work activity requirements provides
6 information verifying that the individual has applied for SSI
7 or has appealed a SSI determination and the available medical
8 information indicates that the individual's application for
9 SSI will ultimately be approved, according to criteria
10 established in rule by the Department of Labor and Employment
11 Security as approved by the WAGES Program State Board of
12 Directors in consultation with the Office of Disability
13 Determination and the Secretary of Health, such individual may
14 be exempted from work activity requirements. Such criteria may
15 include medical assessment and disability or incapacity
16 determination by the Office of Disability Determination.
17 (f)(e) Other good cause exceptions for
18 noncompliance.--Individuals who are temporarily unable to
19 participate due to circumstances beyond their control may be
20 excepted from the noncompliance penalties. The Department of
21 Labor and Employment Security may define by rule situations
22 that would constitute good cause. These situations must
23 include caring for a disabled family member when the need for
24 the care has been verified and alternate care is not
25 available.
26 Section 4. Subsection (2) of section 414.085, Florida
27 Statutes, is amended and subsection (4) is added to said
28 section, to read:
29 414.085 Income eligibility standards.--For purposes of
30 program simplification and effective program management,
31 certain income definitions, as outlined in the food stamp
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1 regulations at 7 C.F.R. s. 273.9, shall be applied to the
2 WAGES Program as determined by the department to be consistent
3 with federal law regarding temporary cash assistance and
4 Medicaid for needy families, except as to the following:
5 (2) Income security payments, including payments
6 funded under part B of Title IV of the Social Security Act, as
7 amended; supplemental security income under Title XVI of the
8 Social Security Act, as amended; or other income security
9 payments as defined by federal law shall be excluded included
10 as income unless to the extent required to be included or
11 permitted by federal law.
12 (4) An incentive payment to a participant authorized
13 by a local WAGES coalition shall not be considered income.
14 Section 5. Paragraphs (b) and (c) of subsection (15)
15 of section 414.095, Florida Statutes, 1998 Supplement, are
16 amended to read:
17 414.095 Determining eligibility for the WAGES
18 Program.--
19 (15) PROHIBITIONS AND RESTRICTIONS.--
20 (b) Temporary cash assistance, without shelter
21 expense, may be available for a teen parent who is a minor
22 child less than 19 years of age and for the child. Temporary
23 cash assistance may not be paid directly to the teen parent
24 but must be paid, on behalf of the teen parent and child, to
25 an alternative payee who is designated by the department. The
26 alternative payee may not use the temporary cash assistance
27 for any purpose other than paying for food, clothing, shelter,
28 and medical care for the teen parent and child and for other
29 necessities required to enable the teen parent to attend
30 school or a training program. In order for the child of the
31
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1 teen parent and the teen parent to be eligible for temporary
2 cash assistance, the teen parent must:
3 1. Attend school or an approved alternative training
4 program, unless the child is less than 12 weeks of age or the
5 teen parent has completed high school; and
6 2. Reside with a parent, legal guardian, or other
7 adult caretaker relative. The income and resources of the
8 parent shall be included in calculating the temporary cash
9 assistance available to the teen parent since the parent is
10 responsible for providing support and care for the child
11 living in the home.
12 3. Attend parenting and family classes that provide a
13 curriculum specified by the department, the Department of
14 Labor and Employment Security, or the Department of Health, as
15 available.
16 (c) The teen parent is not required to live with a
17 parent, legal guardian, or other adult caretaker relative if
18 the department determines that:
19 1. The teen parent has suffered or might suffer harm
20 in the home of the parent, legal guardian, or adult caretaker
21 relative.
22 2. The requirement is not in the best interest of the
23 teen parent or the child. If the department determines that it
24 is not in the best interest of the teen parent or child to
25 reside with a parent, legal guardian, or other adult caretaker
26 relative, the department shall provide or assist the teen
27 parent in finding a suitable home, a second-chance home, a
28 maternity home, or other appropriate adult-supervised
29 supportive living arrangement. Such living arrangement may
30 include a shelter obligation in accordance with subsection
31 (11).
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1
2 The department may not delay providing temporary cash
3 assistance to the teen parent through the alternative payee
4 designated by the department pending a determination as to
5 where the teen parent should live and sufficient time for the
6 move itself. A teen parent determined to need placement that
7 is unavailable shall continue to be eligible for temporary
8 cash assistance so long as the teen parent cooperates with the
9 department, the Department of Labor and Employment Security,
10 and the Department of Health. The teen parent shall be
11 provided with counseling to make the transition from
12 independence to supervised living and with a choice of living
13 arrangements.
14 Section 6. Subsections (2), (10), and (12) of section
15 414.105, Florida Statutes, 1998 Supplement, are amended to
16 read:
17 414.105 Time limitations of temporary cash
18 assistance.--Unless otherwise expressly provided in this
19 chapter, an applicant or current participant shall receive
20 temporary cash assistance for episodes of not more than 24
21 cumulative months in any consecutive 60-month period that
22 begins with the first month of participation and for not more
23 than a lifetime cumulative total of 48 months as an adult.
24 (2) A participant who is not exempt from work activity
25 requirements may earn 1 month of eligibility for extended
26 temporary cash assistance, up to maximum of 12 additional
27 months, for each month in which the participant is fully
28 complying with the work activities of the WAGES Program
29 through subsidized or unsubsidized public or private sector
30 employment. The period for which extended temporary cash
31 assistance is granted shall be based upon compliance with
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1 WAGES Program requirements beginning October 1, 1996. A
2 participant may not receive temporary cash assistance under
3 this subsection, in combination with other periods of
4 temporary cash assistance for longer than a lifetime limit of
5 48 months. Hardship exemptions to the time limitations of this
6 chapter shall be limited to 10 percent of participants in the
7 first year of implementation of this chapter, 15 percent of
8 participants in the second year of implementation of this
9 chapter, and 20 percent of participants in all subsequent
10 years, as determined by the department and approved by the
11 WAGES Program State Board of Directors. Criteria for hardship
12 exemptions include:
13 (a) Diligent participation in activities, combined
14 with inability to obtain employment.
15 (b) Diligent participation in activities, combined
16 with extraordinary barriers to employment, including the
17 conditions which may result in an exemption to work
18 requirements.
19 (c) Significant barriers to employment, combined with
20 a need for additional time.
21 (d) Diligent participation in activities and a need by
22 teen parents for an exemption in order to have 24 months of
23 eligibility beyond receipt of the high school diploma or
24 equivalent.
25 (e) A recommendation of extension for a minor child of
26 a participating family that has reached the end of the
27 eligibility period for temporary cash assistance. The
28 recommendation must be the result of a review which determines
29 that the termination of the child's temporary cash assistance
30 would be likely to result in the child being placed into
31 emergency shelter or foster care. Temporary cash assistance
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1 shall be provided through a protective payee. Staff of the
2 Children and Families Program Office of the department shall
3 conduct all assessments in each case in which it appears a
4 child may require continuation of temporary cash assistance
5 through a protective payee.
6
7 At the recommendation of the local WAGES coalition, temporary
8 cash assistance under a hardship exemption for a participant
9 who is eligible for work activities and who is not working
10 shall be reduced by 10 percent. Upon the employment of the
11 participant, full benefits shall be restored.
12 (10) An individual who receives benefits under the
13 Supplemental Security Income program or the Social Security
14 Disability Insurance program is not subject to time
15 limitations. An individual who has applied for supplemental
16 security income (SSI), but has not yet received a
17 determination must be granted an extension of time limits
18 until the individual receives a final determination on the SSI
19 application. Determination shall be considered final once all
20 appeals have been exhausted, benefits have been received, or
21 denial has been accepted without any appeal. Such individual
22 must continue to meet all program requirements assigned to the
23 participant based on medical ability to comply. Extensions of
24 time limits shall be within the recipient's 48-month lifetime
25 limit. Hardship exemptions granted under this subsection shall
26 not be subject to the percentage limitations in subsection
27 (2).
28 (12) A member of the WAGES Program staff shall
29 interview and assess the employment prospects and barriers of
30 each participant who is within 6 months of reaching the
31 24-month time limit. The staff member shall assist the
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1 participant in identifying actions necessary to become
2 employed prior to reaching the benefit time limit for
3 temporary cash assistance and, if appropriate, shall refer the
4 participant for services that could facilitate employment. The
5 department shall develop procedures to ensure that families
6 losing eligibility for temporary cash assistance receive
7 transitional benefits and services that will assist the family
8 in moving toward self-sufficiency. At a minimum, such
9 procedures must include, but are not limited to, the
10 following:
11 (a) Each WAGES participant who is determined
12 ineligible for cash assistance for a reason other than a work
13 activity sanction shall be contacted by the case manager and
14 provided information about the availability of transitional
15 benefits and services. Such contact shall be attempted prior
16 to closure of the case management file.
17 (b) Each WAGES participant who is determined
18 ineligible for cash assistance due to noncompliance with the
19 work activity requirements shall be contacted and provided
20 information in accordance with s. 414.065(4).
21 (c) The department and the WAGES Program State Board
22 of Directors shall develop informational material, including
23 posters and brochures, to better inform families about the
24 availability of transitional benefits and services.
25 (d) The department shall review federal requirements
26 related to transitional Medicaid and shall, to the extent
27 permitted by federal law, develop procedures to maximize the
28 utilization of transitional Medicaid by families who leave
29 temporary cash assistance.
30 Section 7. Section 414.127, Florida Statutes, is
31 created to read:
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1 414.127 WAGES education for economic independence
2 program.--The Legislature recognizes that educational and
3 skill deficits play a major role in limiting the ability of
4 WAGES participants to gain and maintain economic
5 self-sufficiency and that parents in families dependent on
6 cash assistance face formidable barriers to removing these
7 deficits. Provided the region continues to meet federal work
8 participation requirements, each local WAGES coalition may
9 establish a plan for the achievement of long-term
10 self-sufficiency by increasing the educational attainment and
11 job skills of WAGES participants.
12 (1) The program may include the following components:
13 (a) Payment of educational costs.
14 (b) Performance incentives for educational
15 institutions providing high school, adult, general equivalency
16 diploma (GED), and postsecondary education programs based on
17 the enrollment, completion, and placement of students who are
18 WAGES clients.
19 (c) Assistance with transportation and child care
20 costs associated with school attendance.
21 (d) Provisions for career counseling.
22 (e) Provisions to facilitate access to programs by
23 providing educational opportunities during nontraditional
24 hours or in the workplace.
25 (f) Provisions for vocational programs designed to
26 meet the needs of employers.
27 (g) Provisions to assist disabled participants to
28 develop their capacity for economic self-sufficiency.
29 (h) Teen parent and pregnancy prevention programs.
30 (2) A priority for participation in the program shall
31 be given to WAGES participants who have diligently complied
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1 with program requirements and who have been identified as
2 having potential to improve their economic self-sufficiency
3 through education.
4 Section 8. Section 414.1525, Florida Statutes, is
5 created to read:
6 414.1525 WAGES early exit diversion program.--An
7 individual who meets the criteria listed in this section may
8 choose to receive a lump-sum payment in lieu of ongoing cash
9 assistance payments, provided the individual:
10 (1) Is employed and is receiving earnings, and would
11 be eligible to receive cash assistance in an amount less than
12 $100 per month given the WAGES earnings disregard.
13 (2) Has received cash assistance for at least 3
14 consecutive months.
15 (3) Expects to remain employed for at least 6 months.
16 (4) Chooses to receive a one-time lump-sum payment in
17 lieu of ongoing monthly payments.
18 (5) Provides employment and earnings information to
19 the department, so that the department can ensure that the
20 family's eligibility for transitional benefits can be
21 evaluated.
22 (6) Signs an agreement not to apply for or accept cash
23 assistance for 6 months after receipt of the one-time payment.
24 In the event of an emergency, such agreement shall provide for
25 an exception to this restriction, provided that the one-time
26 payment shall be deducted from any cash assistance for which
27 the family subsequently is approved. This deduction may be
28 prorated over an 8 month period. The department shall adopt
29 rules defining the conditions under which a family may receive
30 cash assistance due to such emergency.
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1 Such individual may choose to accept a one-time lump-sum
2 payment of $600 in lieu of receiving ongoing cash assistance.
3 Such payment shall only count toward the time limitation for
4 the month in which the payment is made in lieu of cash
5 assistance. A participant choosing to accept such payment
6 shall be terminated from cash assistance. However,
7 eligibility for Medicaid, food stamps, or child care shall
8 continue, subject to the eligibility requirements of those
9 programs.
10 Section 9. Paragraph (c) of subsection (2) and
11 subsection (3) of section 414.155, Florida Statutes, 1998
12 Supplement, are amended to read:
13 414.155 Relocation assistance program.--
14 (2) The relocation assistance program shall involve
15 five steps by the Department of Children and Family Services
16 or the Department of Labor and Employment Security:
17 (c) Establishment of a relocation plan which includes,
18 including a budget and such requirements as are necessary to
19 prevent abuse of the benefit and to provide an assurance that
20 the applicant will relocate. The plan may require that
21 expenditures be made on behalf of the recipient. However, the
22 plan must include provisions to protect the safety of victims
23 of domestic violence and avoid provisions that place them in
24 anticipated danger. The payment to defray relocation expenses
25 shall be determined based on a rule approved by the WAGES
26 Program State Board of Directors and adopted by the
27 department. Participants in the relocation program shall be
28 eligible for transitional benefits limited to an amount not to
29 exceed 4 months' temporary cash assistance, based on family
30 size.
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1 (3) A family receiving relocation assistance for
2 reasons other than domestic violence must sign an agreement
3 restricting the family from applying for temporary cash
4 assistance for a period specified in a rule approved by the
5 WAGES Program State Board of Directors and adopted by the
6 department 6 months, unless an emergency is demonstrated to
7 the department. If a demonstrated emergency forces the family
8 to reapply for temporary cash assistance within such period, 6
9 months after receiving a relocation assistance payment,
10 repayment must be made on a prorated basis over an 8-month
11 period and subtracted from any regular payment of temporary
12 cash assistance for which the applicant may be eligible, as
13 specified in a rule approved by the WAGES Program State Board
14 of Directors and adopted by the department.
15 Section 10. Section 414.157, Florida Statutes, is
16 created to read:
17 414.157 Diversion program for victims of domestic
18 violence.--
19 (1) The diversion program for victims of domestic
20 violence is intended to provide services and one-time payments
21 to assist victims of domestic violence and their children in
22 making the transition to independence.
23 (2) Before finding an applicant family eligible for
24 the diversion program created under this section, a
25 determination must be made that:
26 (a) The applicant family includes a pregnant woman or
27 a parent with one or more minor children or a caretaker
28 relative with one or more minor children.
29 (b) The services or one-time payment provided are not
30 considered assistance under federal law or guidelines.
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1 (3) Notwithstanding any provision to the contrary in
2 ss. 414.075, 414.085, and 414.095, a family meeting the
3 criteria of subsection (2) who is determined by the domestic
4 violence program to be in need of services or one-time payment
5 due to domestic violence shall be considered a needy family
6 and shall be deemed eligible under this section for services
7 through a certified domestic violence shelter.
8 (4) One-time payments provided under this section
9 shall not exceed an amount recommended by the WAGES Program
10 State Board of Directors and adopted by the department in
11 rule.
12 (5) Receipt of services or a one-time payment under
13 this section shall not preclude eligibility for, or receipt
14 of, other assistance or services under this chapter.
15 Section 11. Section 414.159, Florida Statutes, is
16 created to read:
17 414.159 Teen parent and pregnancy prevention diversion
18 program; eligibility for services.--The Legislature recognizes
19 that teen pregnancy is a major cause of dependency on
20 government assistance that often extends through more than one
21 generation. The purpose of the teen parent and pregnancy
22 prevention diversion program is to provide services to reduce
23 and avoid welfare dependency by reducing teen pregnancy,
24 reducing the incidence of multiple pregnancies to teens, and
25 by assisting teens in completing educational programs.
26 (1) Notwithstanding any provision to the contrary in
27 ss. 414.075, 414.085, and 414.095, a teen who is determined to
28 be at-risk of teen pregnancy or who already has a child shall
29 be deemed eligible to receive services under this program.
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1 (2) Services provided under this program shall be
2 limited to services that are not considered assistance under
3 federal law or guidelines.
4 (3) Receipt of services under this section shall not
5 preclude eligibility for, or receipt of, other assistance or
6 services under this chapter.
7 Section 12. Section 414.22, Florida Statutes, is
8 amended to read:
9 414.22 Transitional education and training.--In order
10 to assist current and former participants who are working or
11 actively seeking employment in continuing their training and
12 upgrading their skills, education, or training, support
13 services may be provided to a participant for up to 2 years
14 after the participant is no longer eligible to participate in
15 the program. This section does not constitute an entitlement
16 to transitional education and training. If funds are not
17 sufficient to provide services under this section, the
18 Department of Labor and Employment Security may limit or
19 otherwise prioritize transitional education and training.
20 (1) Education or training resources available in the
21 community at no additional cost to the Department of Labor and
22 Employment Security shall be used whenever possible.
23 (2) The Department of Labor and Employment Security
24 may authorize child care or other support services in addition
25 to services provided in conjunction with employment. For
26 example, a participant who is employed full time may receive
27 subsidized child care related to that employment and may also
28 receive additional subsidized child care in conjunction with
29 training to upgrade the participant's skills.
30 (3) Transitional education or training must be
31 job-related, but may include training to improve job skills in
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1 a participant's existing area of employment or may include
2 training to prepare a participant for employment in another
3 occupation.
4 (4) The Department of Labor and Employment Security
5 may enter into an agreement with an employer to share the
6 costs relating to upgrading the skills of participants hired
7 by the employer. For example, the department may agree to
8 provide support services such as transportation or a wage
9 subsidy in conjunction with training opportunities provided by
10 the employer.
11 Section 13. Section 414.225, Florida Statutes, 1998
12 Supplement, is amended to read:
13 414.225 Transitional transportation.--In order to
14 assist former WAGES participants in maintaining and sustaining
15 employment or educational opportunities, transportation may be
16 provided, if funds are available, for up to 1 year after the
17 participant is no longer eligible to participate in the
18 program due to earnings. This does not constitute an
19 entitlement to transitional transportation. If funds are not
20 sufficient to provide services under this section, the
21 department may limit or otherwise prioritize transportation
22 services.
23 (1) Transitional transportation must be job or
24 education related.
25 (2) Transitional transportation may include expenses
26 identified in s. 414.20.
27 Section 14. Subsection (1), paragraph (b) of
28 subsection (2), and paragraph (a) of subsection (3) of section
29 414.70, Florida Statutes, 1998 Supplement, are amended to
30 read:
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1 414.70 Drug-testing and drug-screening program;
2 procedures.--
3 (1) DEMONSTRATION PROJECT.--The Department of Children
4 and Family Services, in consultation with local WAGES
5 coalitions 3 and 8, shall develop and, as soon as possible
6 after January 1, 1999, implement a demonstration project in
7 WAGES regions 3 and 8 to screen each applicant and test
8 applicants for temporary cash assistance provided under this
9 chapter, who the department has reasonable cause to believe,
10 based on the screening, engage in illegal use of controlled
11 substances. Unless reauthorized by the Legislature, this
12 demonstration project expires June 30, 2001. As used in this
13 act, the term "applicant" means an individual who first
14 applies for assistance or services under the WAGES Program.
15 Screening and testing for the illegal use of controlled
16 substances is not required if the individual reapplies during
17 any continuous period in which the individual receives
18 assistance or services. However, an individual may volunteer
19 for drug testing and treatment if funding is available.
20 (a) Applicants subject to the requirements of this
21 section include any parent or caretaker relative who is
22 included in the cash assistance group, including individuals
23 who may be exempt from work activity requirements due to the
24 age of the youngest child or who may be excepted from work
25 activity requirements under s. 414.065(7).
26 (b) Applicants not subject to the requirements of this
27 section include applicants for food stamps or Medicaid who are
28 not applying for cash assistance, applicants who, if eligible,
29 would be exempt from the time limitation and work activity
30 requirements due to receipt of social security disability
31 income, and applicants who, if eligible, would be excluded
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1 from the assistance group due to receipt of supplemental
2 security income.
3 (2) PROCEDURES.--Under the demonstration project, the
4 Department of Children and Family Services shall:
5 (b) Develop a procedure for drug screening and
6 conducting drug testing of applicants for temporary assistance
7 or services under the WAGES Program. For two-parent families,
8 both parents must comply with the drug screening and testing
9 requirements of this section.
10 (3) CHILDREN.--
11 (a) If a parent is deemed ineligible for cash
12 assistance due to refusal to comply with the provisions of
13 this section the failure of a drug test under this act, his or
14 her dependent child's eligibility for cash assistance is not
15 affected. A parent who is ineligible for cash assistance due
16 to refusal or failure to comply with the provisions of this
17 section shall be subject to the work activity requirements of
18 s. 414.065, and shall be subject to the penalties under s.
19 414.065(4) upon failure to comply with such requirements.
20 Section 15. Sections 414.29 and 414.43, Florida
21 Statutes, are repealed.
22 Section 16. This act shall take effect upon becoming a
23 law.
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2 HOUSE SUMMARY
3
Revises provisions relating to the Work and Gain Economic
4 Self-sufficiency (WAGES) Program. Specifies reporting and
oversight duties of the state board of directors, local
5 coalitions, and Department of Children and Family
Services. Revises provisions relating to work activity
6 requirements, income eligibility standards, assistance to
teen parents, temporary cash assistance limitations and
7 exceptions, and relocation assistance. Provides for
transitional benefits for families losing eligibility for
8 temporary cash assistance. Authorizes local WAGES
coalitions to establish a plan for increasing WAGES
9 participants' educational attainment and job skills to
promote economic independence. Provides an early exit
10 diversion program, a teen parent and teen pregnancy
diversion program, and a diversion program for victims of
11 domestic violence. Revises requirements relating to
transitional education and training and transitional
12 transportation. Extends drug testing and screening
requirements to certain parents and caretaker relatives,
13 and provides applicability of work requirements and
penalties to persons who fail to comply with drug testing
14 and screening requirements. See bill for details.
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