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





                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Murman offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

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         3.  For children 2 years of age or older, but under 3

                                  1

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  years of age, there must be one child care personnel for every

 2  11 children.

 3         4.  For children 3 years of age or older, but under 4

 4  years of age, there must be one child care personnel for every

 5  15 children.

 6         5.  For children 4 years of age or older, but under 5

 7  years of age, there must be one child care personnel for every

 8  20 children.

 9         6.  For children 5 years of age or older, there must be

10  one child care personnel for every 25 children.

11         7.  When children 2 years of age and older are in care,

12  the staff-to-children ratio shall be based on the age group

13  with the largest number of children within the group.

14         (b)  This subsection does not apply to nonpublic

15  schools and their integral programs as defined in s.

16  402.3025(2)(d)1. In addition, an individual participating in a

17  community service work experience activity under s.

18  414.065(1)(d), or a work experience activity under s.

19  414.065(1)(e), at a child care facility employee of a child

20  care facility who receives subsidized wages under the WAGES

21  Program may not be considered in calculating the

22  staff-to-children ratio.

23         Section 2.  Subsection (12) of section 414.0252,

24  Florida Statutes, 1998 Supplement, is renumbered as subsection

25  (13), and a new subsection (12) is added to said section to

26  read:

27         414.0252  Definitions.--As used in ss. 414.015-414.45,

28  the term:

29         (12)  "Services and one-time payments" or "services,"

30  when used in reference to individuals who are not receiving

31  temporary cash assistance, means nonrecurrent, short-term

                                  2

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  benefits designed to deal with a specific crisis situation or

 2  episode of need and other services; work subsidies; supportive

 3  services such as child care and transportation; services such

 4  as counseling, case management, peer support, and child care

 5  information and referral; transitional services, job

 6  retention, job advancement, and other employment-related

 7  services; nonmedical treatment for substance abuse or mental

 8  health problems; and any other services that are reasonably

 9  calculated to further the purposes of the WAGES Program and

10  the federal Temporary Assistance for Needy Families program.

11  Such terms do not include assistance as defined in federal

12  regulations at 45 C.F.R. s. 260.31(a).

13         Section 3.  Section 414.0267, Florida Statutes, is

14  created to read:

15         414.0267  Matching grants for economic independence.--

16         (1)  There is established a program of matching grants

17  for economic independence. The program shall provide an

18  incentive in the form of matching grants for donations and

19  expenditures by donors and charitable organizations for

20  transitional, diversion, and support programs that complement,

21  supplement, and further the goals of the WAGES Program.

22         (2)  The WAGES Program State Board of Directors shall,

23  by rule, specify the funds allocated for matching, the process

24  for submission, documentation, and approval of requests for

25  program funds and matching funds, accountability for funds and

26  proceeds of investments, allocations to programs and

27  coalitions, restrictions on the use of the funds, and criteria

28  used in determining the value of donations.

29         Section 4.  Subsection (1) of section 414.027, Florida

30  Statutes, is amended to read:

31         414.027  WAGES Program annual statewide program

                                  3

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  implementation plan.--

 2         (1)  The WAGES Program State Board of Directors shall

 3  submit to the Governor, the President of the Senate, and the

 4  Speaker of the House of Representatives an annual a statewide

 5  plan for implementing the WAGES Program established under this

 6  chapter. At a minimum, the annual statewide program

 7  implementation plan must include:

 8         (a)  Performance standards, measurement criteria, and

 9  contract guidelines for all services provided under the WAGES

10  Program whether by state employees or contract providers. The

11  plan must include performance standards and objectives,

12  measurement criteria, measures of performance, and contract

13  guidelines for all local WAGES coalitions related to the

14  following issues:

15         1.  Work participation rates by type of activity;

16         2.  Caseload trends;

17         3.  Recidivism;

18         4.  Participation in diversion and relocation programs;

19         5.  Employment retention; and

20         6.  Other issues identified by the WAGES Program State

21  Board of Directors.

22         (b)  A description of:

23         1.  Cooperative agreements and partnerships between

24  local WAGES coalitions and local community agencies and

25  not-for-profit organizations described in section 501(c)(3) of

26  the Internal Revenue Code;

27         2.  Efforts by local WAGES coalitions to provide WAGES

28  applicants, recipients, and former recipients with information

29  on the services and programs available to them, including

30  diversion programs, relocation assistance, and other services

31  that may be obtained without receiving monthly cash

                                  4

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  assistance;

 2         3.  Efforts by local WAGES coalitions to overcome

 3  transportation barriers to employment; and

 4         4.  Other issues determined by the WAGES Program State

 5  Board of Directors.

 6         (c)  An evaluation of the performance of each local

 7  WAGES coalition based on the performance measures and

 8  guidelines.

 9         (d)(b)  Directives for creating and chartering local

10  WAGES coalitions to plan and coordinate the delivery of

11  services under the WAGES Program at the local level.

12         (e)(c)  The approval of the implementation plans

13  submitted by local WAGES coalitions.

14         (f)(d)  Recommendations for clarifying, or if

15  necessary, modifying the roles of the state agencies charged

16  with implementing the WAGES Program so that all unnecessary

17  duplication is eliminated.

18         (g)(e)  Recommendations for modifying compensation and

19  incentive programs for state employees in order to achieve the

20  performance outcomes necessary for successful implementation

21  of the WAGES Program.

22         (h)(f)  Criteria for allocating WAGES Program resources

23  to local WAGES coalitions. Such criteria must include

24  weighting factors that reflect the relative degree of

25  difficulty associated with securing employment placements for

26  specific subsets of the welfare transition caseload.

27         (i)(g)  The development of a performance-based payment

28  structure to be used for all WAGES Program services, which

29  takes into account the following:

30         1.  The degree of difficulty associated with placing a

31  WAGES Program participant in a job;

                                  5

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         2.  The quality of the placement with regard to salary,

 2  benefits, and opportunities for advancement; and

 3         3.  The employee's retention of the placement.

 4

 5  The payment structure shall provide not more than 50 40

 6  percent of the cost of services provided to a WAGES

 7  participant prior to placement, 25 50 percent upon employment

 8  placement, and 25 10 percent if employment is retained for at

 9  least 6 months. The payment structure should provide bonus

10  payments to providers that experience notable success in

11  achieving long-term job retention with WAGES Program

12  participants. The board shall consult with the Workforce

13  Development Board Enterprise Florida workforce development

14  board in developing the WAGES Program annual statewide program

15  implementation plan.

16         (j)  Specifications for WAGES Program services that are

17  to be delivered through local WAGES coalitions, including the

18  following:

19         1.  Referral of participants to diversion and

20  relocation programs;

21         2.  Pre-placement services, including assessment,

22  staffing, career plan development, work orientation, and

23  employability skills enhancement;

24         3.  Services necessary to secure employment for a WAGES

25  participant;

26         4.  Services necessary to assist participants in

27  retaining employment, including, but not limited to, remedial

28  education, language skills, and personal and family

29  counseling;

30         5.  Desired quality of job placements with regard to

31  salary, benefits, and opportunities for advancement;

                                  6

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         6.  Expectations regarding job retention;

 2         7.  Strategies to ensure that transition services are

 3  provided to participants for the mandated period of

 4  eligibility;

 5         8.  Services that must be provided to the participant

 6  throughout an education or training program, such as

 7  monitoring attendance and progress in the program;

 8         9.  Services that must be delivered to WAGES

 9  participants who have a deferral from work requirements but

10  wish to participate in activities that meet federal

11  participation requirements; and

12         10.  Expectations regarding continued participant

13  awareness of available services and benefits.

14         Section 5.  Subsections (2), (4), (5), and (7) of

15  section 414.028, Florida Statutes, 1998 Supplement, are

16  amended, and subsections (9) and (10) are added to said

17  section, to read:

18         414.028  Local WAGES coalitions.--The WAGES Program

19  State Board of Directors shall create and charter local WAGES

20  coalitions to plan and coordinate the delivery of services

21  under the WAGES Program at the local level. The boundaries of

22  the service area for a local WAGES coalition shall conform to

23  the boundaries of the service area for the regional workforce

24  development board established under the Enterprise Florida

25  workforce development board. The local delivery of services

26  under the WAGES Program shall be coordinated, to the maximum

27  extent possible, with the local services and activities of the

28  local service providers designated by the regional workforce

29  development boards.

30         (2)  A local WAGES coalition and a regional workforce

31  development board may be combined into one board if the

                                  7

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  membership complies with subsection (1), and if the membership

 2  of the combined board meets the requirements of Pub. L. No.

 3  105-220, s. 117(b)(2) 97-300, the federal Job Training

 4  Partnership Act, as amended, and with any law delineating the

 5  membership requirements for the regional workforce development

 6  boards.

 7         (4)  Each local WAGES coalition shall perform the

 8  planning, coordination, and oversight functions specified in

 9  the statewide implementation plan, including, but not limited

10  to:

11         (a)  Developing a program and financial plan to achieve

12  the performance outcomes specified by the WAGES Program State

13  Board of Directors for current and potential program

14  participants in the service area. The plan must reflect the

15  needs of service areas for seed money to create programs that

16  assist children of WAGES participants. The plan must also

17  include provisions for providing services for victims of

18  domestic violence.

19         (b)  Developing a funding strategy to implement the

20  program and financial plan which incorporates resources from

21  all principal funding sources.

22         (c)  Identifying employment, service, and support

23  resources in the community which may be used to fulfill the

24  performance outcomes of the WAGES Program.

25         (d)  In cooperation with the regional workforce

26  development board, coordinating the implementation of one-stop

27  career centers.

28         (e)  Advising the Department of Children and Family

29  Services and the Department of Labor and Employment Security

30  with respect to the competitive procurement of services under

31  the WAGES Program.

                                  8

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (f)  Selecting an entity to administer the program and

 2  financial plan, such as a unit of a political subdivision

 3  within the service area, a not-for-profit private organization

 4  or corporation, or any other entity agreed upon by the local

 5  WAGES coalition.

 6         (g)  Developing a plan for services for victims of

 7  domestic violence.

 8         1.  The WAGES Program State Board of Directors shall

 9  specify requirements for the local plan, including:

10         a.  Criteria for determining eligibility for exceptions

11  to state work requirements;

12         b.  The programs and services to be offered to victims

13  of domestic violence;

14         c.  Time limits for exceptions to program requirements,

15  which may not result in an adult participant exceeding the

16  federal time limit for exceptions or the state lifetime

17  benefit limit that the participant would otherwise be entitled

18  to receive; and

19         d.  An annual report on domestic violence, including

20  the progress made in reducing domestic violence as a barrier

21  to self-sufficiency among WAGES participants, local policies

22  and procedures for granting exceptions and exemptions from

23  program requirements due to domestic violence, and the number

24  and percentage of cases in which such exceptions and

25  exemptions are granted.

26         2.  Each local WAGES coalition plan must specify

27  provisions for coordinating and, where appropriate, delivering

28  services, including:

29         a.  Provisions for the local coalition to coordinate

30  with law enforcement agencies and social service agencies and

31  organizations that provide services and protection to victims

                                  9

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  of domestic violence;

 2         b.  Provisions for allowing participants access to

 3  domestic violence support services and ensuring that WAGES

 4  participants are aware of domestic violence shelters,

 5  hotlines, and other domestic violence services and policies;

 6         c.  Designation of the agency that is responsible for

 7  determining eligibility for exceptions from program

 8  requirements due to domestic violence;

 9         d.  Provisions that require each individual who is

10  granted an exemption from program requirements due to domestic

11  violence to participate in a program that prepares the

12  individual for self-sufficiency and safety; and

13         e.  Where possible and necessary, provisions for job

14  assignments and transportation arrangements that take maximum

15  advantage of opportunities to preserve the safety of the

16  victim of domestic violence and the victim's dependents.

17         (5)  By October 1, 1998, local WAGES coalitions shall

18  deliver through one-stop career centers, the full continuum of

19  services provided under the WAGES Program, including services

20  that are provided at the point of application. The State WAGES

21  Board may direct the Department of Labor and Employment

22  Security to provide such services to WAGES participants if a

23  local WAGES coalition is unable to provide services due to

24  decertification. Local WAGES coalitions may not determine an

25  individual's eligibility for temporary cash assistance, and

26  all education and training shall be provided through

27  agreements with regional workforce development boards. The

28  local WAGES coalitions shall develop a transition plan to be

29  approved by the WAGES Program State Board of Directors. Should

30  career service employees of the Department of Labor and

31  Employment Security be subject to layoff due to the local

                                  10

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  WAGES coalitions taking over the delivery of such services,

 2  such employees shall be given priority consideration for

 3  employment by the local WAGES coalitions. The local

 4  coalition's transition plan shall provide for the utilization

 5  of space leased by the Department of Labor and Employment

 6  Security for WAGES service functions.  By October 1, 1998, the

 7  coalition may have negotiated and entered into new lease

 8  agreements or subleased for said space from the Department of

 9  Labor and Employment Security.  In the event the coalition

10  does not utilize the Department of Labor and Employment

11  Security leased space, the Department of Labor and Employment

12  Security shall not be obligated to pay under any lease

13  agreement for WAGES services entered into by the department

14  since July 1, 1996.

15         (7)  At the option of the local WAGES coalition, local

16  employees of the department and the Department of Labor and

17  Employment Security shall provide staff support for the local

18  WAGES coalitions. Staff support may be provided by another

19  agency, entity, or by contract.

20         (9)(a)  Effective October 1, 1999, funds for the

21  administrative and service delivery operations of the local

22  WAGES coalitions shall be provided to the coalitions by

23  contract with the Department of Management Services. The local

24  WAGES coalitions are subject to the provisions of the

25  implementation plan approved for the coalition by the WAGES

26  Program State Board of Directors. Each coalition's

27  implementation plan shall be incorporated into the coalition's

28  contract with the Department of Management Services so that

29  the coalition is contractually committed to achieve the

30  performance requirements contained in the approved plan. The

31  Department of Management Services shall advise the state board

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  of directors of applicable federal and state law related to

 2  the contract and of issues raised as a result of oversight of

 3  the contracts.

 4         (b)  A local WAGES coalition that does not meet the

 5  performance requirements set by the WAGES Program State Board

 6  of Directors and contained in the contract executed pursuant

 7  to this subsection must develop for approval by the state

 8  board of directors an analysis of the problems preventing the

 9  region from meeting the performance standards and a plan of

10  corrective action for meeting state performance requirements.

11  The analysis and plan of corrective action shall be included

12  as appendices to the annual plan submitted to the Governor,

13  the President of the Senate, and the Speaker of the House of

14  Representatives by the WAGES Program State Board of Directors.

15         (c)  The WAGES Program State Board of Directors may

16  direct the Department of Management Services to procure a

17  portion of the duties of a local WAGES coalition from another

18  agency, coalition, or provider for good cause. Good cause may

19  include failure to meet performance requirements.

20         (d)  The WAGES Program State Board of Directors may

21  revoke the charter of a local WAGES coalition for good cause,

22  which may include repeated failure to meet performance

23  requirements. If the charter of a local WAGES coalition is

24  revoked, the state board of directors may direct the

25  Department of Management Services to procure a service

26  provider or providers for any or all of the duties of a local

27  WAGES coalition until a new coalition is established by the

28  WAGES Program State Board of Directors and a contract is

29  executed with the new coalition. The service provider may be a

30  public or private agency or another local WAGES coalition.

31         (10)  No less than 25 percent of funds provided to

                                  12

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  local WAGES coalitions must be used to contract with local

 2  public or private agencies that have elected or appointed

 3  boards of directors on which a majority of the members are

 4  residents of that local WAGES coalition's service area.

 5  Subcontracts with local public or private agencies shall be

 6  counted towards compliance with this requirement.

 7         Section 6.  Section 414.030, Florida Statutes, 1998

 8  Supplement, is amended to read:

 9         414.030  WAGES Program Employment Projects.--

10         (1)  The Legislature finds that the success of the

11  WAGES Program depends upon the existence of sufficient

12  employment opportunities compatible with the education and

13  skill levels of participants in the WAGES Program.  The

14  Legislature further finds that extraordinary assistance may

15  need to be granted for certain economic development projects

16  that can have a great impact on the employment of WAGES

17  participants.  It is the intent of the Legislature to

18  authorize the Governor and local governments to marshal state

19  and local resources in a coordinated and timely manner to

20  foster the development and completion of economic development

21  projects that have been identified as having a great impact on

22  the employment of WAGES participants.

23         (2)  By August 1 of each year, each local city and

24  county economic development organization, in consultation with

25  local WAGES coalitions, shall identify economic development

26  projects that can have the greatest impact on employing WAGES

27  participants in their areas.  Each local economic development

28  organization shall provide a prioritized list of no more than

29  five such projects to Enterprise Florida, Inc., by August 1 of

30  each year.  The organizations shall identify local resources

31  that are available to foster the development and completion of

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  each project.

 2         (3)(a)  By September 1 of each year, Enterprise

 3  Florida, Inc., in consultation with the state WAGES Program

 4  State Board of Directors, shall review and prioritize the list

 5  of projects identified pursuant to subsection (2) using the

 6  following criteria:

 7         1.  Areas with a high proportion of families who had

 8  already received cash assistance in 3 out of the previous 5

 9  years at the time their time limit was established;

10         2.  Areas with a high proportion of families subject to

11  the WAGES time limit headed by a parent who was under age 24

12  at the time the time limit was established and who lacked high

13  school or GED completion;

14         3.  Areas with a high proportion of families subject to

15  the time limit who have used all of the available months of

16  cash assistance since October 1996;

17         4.  Areas with a low ratio of new jobs per WAGES

18  participant;

19         5.  Areas with a low ratio of job openings requiring

20  less than a high school degree per WAGES participant;

21         6.  Areas with a high proportion of families subject to

22  the time limit who are either within 6 months of the time

23  limit or are receiving cash assistance under a period of

24  hardship extension to the time limit;

25         7.  Areas with unusually high unemployment; and

26         8.  Areas identified as labor surplus areas using the

27  criteria established by the United States Department of Labor

28  Employment and Training Administration.

29         (b)  To the greatest extent possible, Enterprise

30  Florida, Inc., shall foster the development or completion of

31  the projects identified pursuant to paragraph (a) using

                                  14

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  existing state and local resources under the control of

 2  Enterprise Florida, Inc.  To the extent that such projects

 3  cannot be developed or completed from resources available, to

 4  Enterprise Florida, Inc., shall may identify and prioritize no

 5  more than 10 projects, of which no more than 3 may be located

 6  in Dade County, that need extraordinary state and local

 7  assistance. Enterprise Florida, Inc., shall provide the list

 8  of projects needing extraordinary assistance to the Governor

 9  and each WAGES Program Employment Project Coordinator

10  designated pursuant to subsection (4) by September 1 of each

11  year.

12         (4)(a)  By July 1, 1998, the heads of the Departments

13  of Agriculture and Consumer Services, Labor and Employment

14  Security, Community Affairs, Children and Family Services,

15  Revenue, Business and Professional Regulation, Management

16  Services, Military Affairs, Transportation, and Environmental

17  Protection, and the Comptroller; the Auditor General; the

18  executive director of each water management district; and the

19  heads of the Office of Tourism, Trade, and Economic

20  Development, Enterprise Florida, Inc., Institute of Food and

21  Agricultural Sciences, the State Board of Community Colleges,

22  the Division of Workforce Development of the Department of

23  Education, State University System, and the Office of Planning

24  and Budgeting shall select from within such organizations a

25  person to be designated as the WAGES Program Employment

26  Project Coordinator.

27         (b)  By October 1 of each year, each WAGES Program

28  Employment Project Coordinator shall determine what resources

29  are available at the organization to foster the development

30  and completion of the economic development projects received

31  pursuant to subsection (3).  Each coordinator shall provide

                                  15

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  this determination to the Governor by October 1 of each year.

 2         (5)(a)  By October 15 of each year, the Governor may,

 3  by executive order, designate these projects as WAGES Program

 4  Employment Projects, and direct the agencies to use the

 5  resources identified pursuant to subsection (4) to develop or

 6  complete such projects.  The order shall direct such agencies

 7  to contract with the appropriate local WAGES coalition to

 8  develop or complete such projects. Funds allocated to these

 9  projects must not exceed $5,000 per new job created.

10         (b)  Notwithstanding the eligibility provisions of s.

11  403.973, the Governor may waive such eligibility requirements

12  by executive order for projects that have been identified as

13  needing expedited permitting.

14         (c)  To the extent that resources identified pursuant

15  to subsection (4) have been appropriated by the Legislature

16  for a specific purpose that does not allow for the expenditure

17  of such resources on the projects, the Governor may use the

18  budget amendment process in chapter 216 to request that these

19  resources be released to the Governor's Office to accomplish

20  the development or completion of the project.

21         (d)  Any executive order issued by the Governor

22  pursuant to this section shall expire within 90 days, unless

23  renewed for an additional 60 days by the Governor.  However,

24  no executive order may be issued by the Governor pursuant to

25  this section for a period in excess of 150 days.

26         (6)  Each local WAGES coalition with jurisdiction over

27  an area where a WAGES Program Employment Project has been

28  designated by the Governor pursuant to subsection (5) shall

29  enter into a contract with the appropriate local, state, or

30  private entities to ensure that the project is developed and

31  completed.  Such contracts may include, but are not limited

                                  16

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  to, contracts with applicable state agencies and businesses to

 2  provide training, education, and employment opportunities for

 3  WAGES participants. Each local WAGES coalition may be awarded

 4  reasonable administration costs from funds appropriated for

 5  these projects.

 6         (7)  All contracts shall be performance-based and

 7  fixed-unit price. Contracts must include provisions for

 8  reporting employment performance outcomes, identified by the

 9  participant's social security number, utilizing the Florida

10  Department of Labor and Employment Security's financial

11  reporting management information system. Contracts may provide

12  for expenditures that need to be made in advance of the hiring

13  of WAGES participants as provided by applicable federal and

14  state laws. Employment shall be committed to WAGES

15  participants for a period of at least 3 years and shall

16  provide health care benefits.

17         (8)(7)  The Office of Tourism, Trade, and Economic

18  Development shall convene a WAGES Program Employment

19  Implementation Team to ensure the timely and effective

20  implementation of these projects. By March 15 of each year,

21  this team Enterprise Florida, Inc., shall submit to the state

22  WAGES Program State Board of Directors, the Governor, the

23  President of the Senate, the Speaker of the House of

24  Representatives, the Senate Minority Leader, and the House

25  Minority Leader a complete and detailed report that includes,

26  but is not limited to, a description of the activities,

27  expenditures, and projects undertaken pursuant to this section

28  and a description of what, if any, legislative action that may

29  be necessary.

30         (9)(8)(a)  The Auditor General may, pursuant to his or

31  her own authority or at the direction of the Legislature,

                                  17

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  conduct a financial audit of the expenditure of resources

 2  pursuant to this section.

 3         (b)  Prior to the 2000 Regular Session of the

 4  Legislature, the Office of Program Policy Analysis and

 5  Government Accountability shall conduct a review of the

 6  projects developed or completed pursuant to this section.  The

 7  review shall be comprehensive in its scope, but, at a minimum,

 8  must be conducted in a manner as to specifically determine:

 9         1.  The impact the provisions contained in this section

10  had on the development and completion of the projects

11  identified pursuant to this section.

12         2.  Whether it would be sound public policy to continue

13  or discontinue to foster the development or completion of

14  projects using the processes provided in this section.  The

15  report shall be submitted by January 1, 2000, to the President

16  of the Senate, the Speaker of the House of Representatives,

17  the Senate Minority Leader, and the House Minority Leader.

18         Section 7.  Section 414.035, Florida Statutes, is

19  created to read:

20         414.035  Authorized expenditures.--Any expenditures

21  from the Temporary Assistance for Needy Families block grant

22  shall be expended in accordance with the requirements and

23  limitations of part A of Title IV of the Social Security Act,

24  as amended, or any other applicable federal requirement or

25  limitation. Prior to any expenditure of such funds, the

26  Secretary of Children and Family Services, or his or her

27  designee, shall certify that controls are in place to ensure

28  such funds are expended in accordance with the requirements

29  and limitations of federal law and that any reporting

30  requirements of federal law are met. It shall be the

31  responsibility of any entity to which such funds are

                                  18

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  appropriated to obtain the required certification prior to any

 2  expenditure of funds.

 3         Section 8.  Section 414.045, Florida Statutes, is

 4  created to read:

 5         414.045  Cash assistance program.--Cash assistance

 6  families include any families receiving cash assistance

 7  payments from the state program for temporary assistance for

 8  needy families as defined in federal law, whether such funds

 9  are from federal funds, state funds, or commingled federal and

10  state funds. Cash assistance families may also include

11  families receiving cash assistance through a program defined

12  as a separate state program.

13         (1)  For reporting purposes, families receiving cash

14  assistance shall be grouped in the following categories. The

15  department may develop additional groupings in order to comply

16  with federal reporting requirements, to comply with the

17  data-reporting needs of the WAGES Program State Board of

18  Directors, or to better inform the public of program progress.

19  Program reporting data shall include, but not necessarily be

20  limited to, the following groupings:

21         (a)  WAGES Cases.--WAGES cases shall include:

22         1.  Families containing an adult or a teen head of

23  household, as defined by federal law. These cases are

24  generally subject to the work activity requirements provided

25  in s. 414.065 and the time limitations on benefits provided in

26  s. 414.105.

27         2.  Families with a parent where the parent's needs

28  have been removed from the case due to sanction or

29  disqualification shall be considered WAGES cases to the extent

30  that such cases are considered in the calculation of federal

31  participation rates or would be counted in such calculation in

                                  19

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  future months.

 2         3.  Families participating in transition assistance

 3  programs.

 4         4.  Families otherwise eligible for the WAGES Program

 5  that receive a diversion or early exit payment or participate

 6  in the relocation program.

 7         (b)  Child-only cases.--Child-only cases include cases

 8  that do not have an adult or teen head of household as defined

 9  in federal law. Such cases include:

10         1.  Child-only families with children in the care of

11  caretaker relatives where the caretaker relatives choose to

12  have their needs excluded in the calculation of the amount of

13  cash assistance.

14         2.  Families in the Relative Caregiver Program as

15  provided in s. 39.5085.

16         3.  Families in which the only parent in a

17  single-parent family or both parents in a two-parent family

18  receive supplemental security income (SSI) benefits under

19  Title XVI of the Social Security Act, as amended. To the

20  extent permitted by federal law, individuals receiving SSI

21  shall be excluded as household members in determining the

22  amount of cash assistance, and such cases shall not be

23  considered families containing an adult. Parents or caretaker

24  relatives who are excluded from the cash assistance group due

25  to receipt of SSI may choose to participate in WAGES work

26  activities. An individual who volunteers to participate in

27  WAGES work activity but whose ability to participate in work

28  activities is limited shall be assigned to work activities

29  consistent with such limitations. An individual who volunteers

30  to participate in a WAGES work activity may receive

31  WAGES-related child care or support services consistent with

                                  20

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  such participation.

 2         4.  Families where the only parent in a single-parent

 3  family or both parents in a two-parent family are not eligible

 4  for cash assistance due to immigration status or other

 5  requirements of federal law. To the extent required by federal

 6  law, such cases shall not be considered families containing an

 7  adult.

 8

 9  Families described in subparagraph 1., subparagraph 2., or

10  subparagraph 3. may receive child care assistance or other

11  supports or services so that the children may continue to be

12  cared for in their own homes or the homes of relatives. Such

13  assistance or services may be funded from the temporary

14  assistance for needy families block grant to the extent

15  permitted under federal law and to the extent permitted by

16  appropriation of funds.

17         (2)  The oversight of the WAGES Program State Board of

18  Directors and the service delivery and financial planning

19  responsibilities of the local WAGES coalitions shall apply to

20  the families defined as WAGES cases in paragraph (1)(a).  The

21  department shall be responsible for program administration

22  related to families in groups defined in paragraph (1)(b) and

23  the department shall coordinate such administration with the

24  WAGES Program State Board of Directors to the extent needed

25  for operation of the program.

26         Section 9.  Subsection (6) of section 414.055, Florida

27  Statutes, is amended to read:

28         414.055  One-stop career centers.--

29         (6)  At the one-stop career centers, local WAGES

30  coalitions staff of the Department of Labor and Employment

31  Security shall assign a participant in the WAGES Program to an

                                  21

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  approved work activities activity.

 2         Section 10.  Paragraphs (b), (g), (h), and (i) of

 3  subsection (1) and subsections (2), (4), (7), (9), (10), and

 4  (11) of section 414.065, Florida Statutes, 1998 Supplement,

 5  are amended, paragraph (l) is added to subsection (1), and

 6  subsection (13) is added to said section, to read:

 7         414.065  Work requirements.--

 8         (1)  WORK ACTIVITIES.--The following activities may be

 9  used individually or in combination to satisfy the work

10  requirements for a participant in the WAGES Program:

11         (b)  Subsidized private sector employment.--Subsidized

12  private sector employment is employment in a private

13  for-profit enterprise or a private not-for-profit enterprise

14  which is directly supplemented by federal or state funds. A

15  subsidy may be provided in one or more of the forms listed in

16  this paragraph.

17         1.  Work supplementation.--A work supplementation

18  subsidy diverts a participant's temporary cash assistance

19  under the program to the employer. The employer must pay the

20  participant wages that equal or exceed the applicable federal

21  minimum wage. Work supplementation may not exceed 6 months. At

22  the end of the supplementation period, the employer is

23  expected to retain the participant as a regular employee

24  without receiving a subsidy. A work supplementation agreement

25  may not be continued with any employer who exhibits a pattern

26  of failing to provide participants with continued employment

27  after the period of work supplementation ends.

28         2.  On-the-job training.--On-the-job training is

29  full-time, paid employment in which the employer or an

30  educational institution in cooperation with the employer

31  provides training needed for the participant to perform the

                                  22

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  skills required for the position. The employer or the

 2  educational institution on behalf of the employer receives a

 3  subsidy to offset the cost of the training provided to the

 4  participant. Upon satisfactory completion of the training, the

 5  employer is expected to retain the participant as a regular

 6  employee without receiving a subsidy. An on-the-job training

 7  agreement may not be continued with any employer who exhibits

 8  a pattern of failing to provide participants with continued

 9  employment after the on-the-job training subsidy ends.

10         3.  Incentive payments.--The department and local WAGES

11  coalitions the Department of Labor and Employment Security may

12  provide additional incentive payments to encourage employers

13  to employ program participants. Incentive payments may include

14  payments to encourage the employment of hard-to-place

15  participants, in which case the amount of the payment shall be

16  weighted proportionally to the extent to which the participant

17  has limitations associated with the long-term receipt of

18  welfare and difficulty in sustaining employment. In

19  establishing incentive payments, the department and local

20  WAGES coalitions the Department of Labor and Employment

21  Security shall consider the extent of prior receipt of

22  welfare, lack of employment experience, lack of education,

23  lack of job skills, and other appropriate factors. A

24  participant who has complied with program requirements and who

25  is approaching the time limit for receiving temporary cash

26  assistance may be defined as "hard-to-place." Incentive

27  payments may include payments in which an initial payment is

28  made to the employer upon the employment of a participant, and

29  the majority of the incentive payment is made after the

30  employer retains the participant as a full-time employee for

31  at least 12 months. An incentive agreement may not be

                                  23

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  continued with any employer who exhibits a pattern of failing

 2  to provide participants with continued employment after the

 3  incentive payments cease.

 4         4.  Tax credits.--An employer who employs a program

 5  participant may qualify for enterprise zone property tax

 6  credits under s. 220.182, the tax refund program for qualified

 7  target industry businesses under s. 288.106, or other federal

 8  or state tax benefits. The department and the Department of

 9  Labor and Employment Security shall provide information and

10  assistance, as appropriate, to use such credits to accomplish

11  program goals.

12         5.  WAGES training bonus.--An employer who hires a

13  WAGES participant who has less than 6 months of eligibility

14  for temporary cash assistance remaining and who pays the

15  participant a wage that precludes the participant's

16  eligibility for temporary cash assistance may receive $240 for

17  each full month of employment for a period that may not exceed

18  3 months. An employer who receives a WAGES training bonus for

19  an employee may not receive a work supplementation subsidy for

20  the same employee. Employment is defined as 35 hours per week

21  at a wage of no less than minimum wage.

22         (g)  Vocational education or training.--Vocational

23  education or training is education or training designed to

24  provide participants with the skills and certification

25  necessary for employment in an occupational area. Vocational

26  education or training may be used as a primary program

27  activity for participants when it has been determined that the

28  individual has demonstrated compliance with other phases of

29  program participation and successful completion of the

30  vocational education or training is likely to result in

31  employment entry at a higher wage than the participant would

                                  24

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  have been likely to attain without completion of the

 2  vocational education or training. Vocational education or

 3  training may be combined with other program activities and

 4  also may be used to upgrade skills or prepare for a higher

 5  paying occupational area for a participant who is employed.

 6         1.  Unless otherwise provided in this section,

 7  vocational education shall not be used as the primary program

 8  activity for a period which exceeds 12 months. The 12-month

 9  restriction applies to instruction in a career education

10  program and does not include remediation of basic skills,

11  including English language proficiency, through adult general

12  education if remediation is necessary to enable a WAGES

13  participant to benefit from a career education program. Any

14  necessary remediation must be completed before a participant

15  is referred to vocational education as the primary work

16  activity. In addition, use of vocational education or training

17  shall be restricted to the not more than 20 percent of adult

18  participants in the WAGES region, or subject to other

19  limitation as established in federal law. Vocational education

20  included in a program leading to a high school diploma shall

21  not be considered vocational education for purposes of this

22  section.

23         2.  When possible, a provider of vocational education

24  or training shall use funds provided by funding sources other

25  than the department or the local WAGES coalition Department of

26  Labor and Employment Security. Either department may provide

27  additional funds to a vocational education or training

28  provider only if payment is made pursuant to a

29  performance-based contract. Under a performance-based

30  contract, the provider may be partially paid when a

31  participant completes education or training, but the majority

                                  25

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  of payment shall be made following the participant's

 2  employment at a specific wage or job retention for a specific

 3  duration. Performance-based payments made under this

 4  subparagraph are limited to education or training for targeted

 5  occupations identified by the Occupational Forecasting

 6  Conference under s. 216.136, or other programs identified by

 7  the Enterprise Florida Workforce Development Board as

 8  beneficial to meet the needs of designated groups, such as

 9  WAGES participants, who are hard to place. If the contract

10  pays the full cost of training, the community college or

11  school district may not report the participants for other

12  state funding, except that the college or school district may

13  report WAGES clients for performance incentives or bonuses

14  authorized for student enrollment, completion, and placement.

15         (h)  Job skills training directly related to

16  employment.--Job skills training directly related to

17  employment provides job skills training in a specific

18  occupation for which there is a written commitment by the

19  employer to offer employment to a participant who successfully

20  completes the training. Job skills training includes

21  customized training designed to meet the needs of a specific

22  employer or a specific industry. Job skills training shall

23  include literacy instruction, and may include English

24  proficiency instruction or Spanish language or other language

25  instruction if necessary to enable a participant to perform in

26  a specific job or job training program or if the training

27  enhances employment opportunities in the local community. A

28  participant may be required to complete an entrance assessment

29  or test before entering into job skills training if

30  assessments or tests are required for employment upon

31  completion of the training. Job skills training includes

                                  26

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  literacy instruction in the workplace if necessary to enable a

 2  participant to perform in a specific job or job training

 3  program.

 4         (i)  Education services related to employment for

 5  participants 19 years of age or younger.--Education services

 6  provided under this paragraph are designed to prepare a

 7  participant for employment in an occupation. The department

 8  and the Department of Labor and Employment Security shall

 9  coordinate education services with the school-to-work

10  activities provided under s. 229.595. Activities provided

11  under this paragraph are restricted to participants 19 years

12  of age or younger who have not completed high school or

13  obtained a high school equivalency diploma.

14         (l)  Extended education and training.--Notwithstanding

15  any other provisions of this section to the contrary, the

16  WAGES Program State Board of Directors may approve a plan by a

17  local WAGES coalition for assigning, as work requirements,

18  educational activities that exceed or are not included in

19  those provided elsewhere in this section and that do not

20  comply with federal work participation requirement

21  limitations.  In order to be eligible to implement this

22  provision, a coalition must continue to exceed the overall

23  federal work participation rate requirements.  For purposes of

24  this paragraph, the WAGES Program State Board of Directors may

25  adjust the regional participation requirement based on

26  regional caseload decline.  However, this adjustment is

27  limited to no more than the adjustment produced by the

28  calculation used to generate federal adjustments to the

29  participation requirement due to caseload decline.

30         (2)  WORK ACTIVITY REQUIREMENTS.--Each individual adult

31  participant who is not otherwise exempt must participate in a

                                  27

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  work activity, except for community service work experience,

 2  for the maximum number of hours allowable under federal law,

 3  provided that no participant be required to work more than 40

 4  hours per week or less than the minimum number of hours

 5  required by federal law. The maximum number of hours each

 6  month that a participant may be required to participate in

 7  community service activities is the greater of:  the number of

 8  hours that would result from dividing the family's monthly

 9  amount for temporary cash assistance and food stamps by the

10  federal minimum wage and then dividing that result by the

11  number of participants in the family who participate in

12  community service activities; or the minimum required to meet

13  federal participation requirements. However, in no case shall

14  the maximum hours required per week for community work

15  experience exceed 40 hours. An applicant shall be referred for

16  employment at the time of application if the applicant is

17  eligible to participate in the WAGES Program.

18         (a)  A participant in a work activity may also be

19  required to enroll in and attend a course of instruction

20  designed to increase literacy skills to a level necessary for

21  obtaining or retaining employment, provided that the

22  instruction plus the work activity does not require more than

23  40 hours per week.

24         (b)  WAGES Program funds may be used, as available, to

25  support the efforts of a participant who meets the work

26  activity requirements and who wishes to enroll in or continue

27  enrollment in an adult general education program or a career

28  education program.

29         (4)  PENALTIES FOR NONPARTICIPATION IN WORK

30  REQUIREMENTS AND FAILURE TO COMPLY WITH ALTERNATIVE

31  REQUIREMENT PLANS.--The department and the Department of Labor

                                  28

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  and Employment Security shall establish procedures for

 2  administering penalties for nonparticipation in work

 3  requirements and failure to comply with the alternative

 4  requirement plan. If an individual in a family receiving

 5  temporary cash assistance fails to engage in work activities

 6  required in accordance with this section, the following

 7  penalties shall apply. Prior to the imposition of a sanction,

 8  the participant shall be notified orally or in writing that

 9  the participant is subject to sanction and that action will be

10  taken to impose the sanction unless the participant complies

11  with the work activity requirements. The participant shall be

12  counseled as to the consequences of noncompliance and, if

13  appropriate, shall be referred for services that could assist

14  the participant to fully comply with program requirements. If

15  the participant has good cause for noncompliance or

16  demonstrates satisfactory compliance, the sanction shall not

17  be imposed. If the participant has subsequently obtained

18  employment, the participant shall be counseled regarding the

19  transitional benefits that may be available and provided

20  information about how to access such benefits. Notwithstanding

21  provisions of this section to the contrary, if the Federal

22  Government does not allow food stamps to be treated under

23  sanction as provided in this section, the department shall

24  attempt to secure a waiver that provides for procedures as

25  similar as possible to those provided in this section and

26  shall administer sanctions related to food stamps consistent

27  with federal regulations.:

28         (a)1.  First noncompliance:  temporary cash assistance

29  shall be terminated for the family until the individual who

30  failed to comply does so, and food stamp benefits shall not be

31  increased as a result of the loss of temporary cash

                                  29

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  assistance.

 2         2.(b)  Second noncompliance:  temporary cash assistance

 3  and food stamps shall be terminated for the family until the

 4  individual demonstrates compliance in the required work

 5  activity for a period of 30 days. Upon compliance, temporary

 6  cash assistance and food stamps shall be reinstated to the

 7  date of compliance.  Prior to the imposition of sanctions for

 8  a second noncompliance, the participant shall be interviewed

 9  to determine why full compliance has not been achieved.  The

10  participant shall be counseled regarding compliance and, if

11  appropriate, shall be referred for services that could assist

12  the participant to fully comply with program requirements.

13         3.(c)  Third noncompliance:  temporary cash assistance

14  and food stamps shall be terminated for the family for 3

15  months. The individual shall be required to demonstrate

16  compliance in the work activity upon completion of the 3-month

17  penalty period, before reinstatement of temporary cash

18  assistance and food stamps.

19         (b)  If a participant receiving temporary cash

20  assistance who is otherwise exempted from noncompliance

21  penalties fails to comply with the alternative requirement

22  plan required in accordance with this section, the penalties

23  provided in paragraph (a) shall apply.

24

25  If a participant fully complies with work activity

26  requirements for at least 6 months, the participant shall be

27  reinstated as being in full compliance with program

28  requirements for purpose of sanctions imposed under this

29  section.

30         (7)  EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--Unless

31  otherwise provided, the situations listed in this subsection

                                  30

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  shall constitute exceptions to the penalties for noncompliance

 2  with participation requirements, except that these situations

 3  do not constitute exceptions to the applicable time limit for

 4  receipt of temporary cash assistance:

 5         (a)  Noncompliance related to child care.--Temporary

 6  cash assistance may not be terminated for refusal to

 7  participate in work activities if the individual is a single

 8  custodial parent caring for a child who has not attained 6

 9  years of age, and the adult proves to the department or to the

10  Department of Labor and Employment Security an inability to

11  obtain needed child care for one or more of the following

12  reasons:

13         1.  Unavailability of appropriate child care within a

14  reasonable distance from the individual's home or worksite.

15         2.  Unavailability or unsuitability of informal child

16  care by a relative or under other arrangements.

17         3.  Unavailability of appropriate and affordable formal

18  child care arrangements.

19         (b)  Noncompliance related to domestic violence.--An

20  individual who is determined to be unable to comply with the

21  work requirements because such compliance would make it

22  probable that the individual would be unable to escape

23  domestic violence shall be exempt from work requirements

24  pursuant to s. 414.028(4)(g). However, the individual shall

25  comply with a plan that specifies alternative requirements

26  that prepare the individual for self-sufficiency while

27  providing for the safety of the individual and the

28  individual's dependents.  A participant who is determined to

29  be out of compliance with the alternative requirement plan

30  shall be subject to the penalties under subsection (4).  An

31  exception granted under this paragraph does not constitute an

                                  31

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  exception to the time limitations on benefits specified under

 2  s. 414.105.

 3         (c)  Noncompliance related to treatment or remediation

 4  of past effects of domestic violence.--An individual who is

 5  determined to be unable to comply with the work requirements

 6  under this section due to mental or physical impairment

 7  related to past incidents of domestic violence may be exempt

 8  from work requirements for a specified period pursuant to s.

 9  414.028(4)(g), except that such individual shall comply with a

10  plan that specifies alternative requirements that prepare the

11  individual for self-sufficiency while providing for the safety

12  of the individual and the individual's dependents.  A

13  participant who is determined to be out of compliance with the

14  alternative requirement plan shall be subject to the penalties

15  under subsection (4). The plan must include counseling or a

16  course of treatment necessary for the individual to resume

17  participation. The need for treatment and the expected

18  duration of such treatment must be verified by a physician

19  licensed under chapter 458 or chapter 459; a psychologist

20  licensed under s. 490.005(1), s. 490.006, or the provision

21  identified as s. 490.013(2) in s. 1, chapter 81-235, Laws of

22  Florida; a therapist as defined in s. 491.003(2) or (6); or a

23  treatment professional who is registered under s.

24  415.605(1)(g), is authorized to maintain confidentiality under

25  s. 90.5036(1)(d), and has a minimum of 2 years experience at a

26  certified domestic violence center. An exception granted under

27  this paragraph does not constitute an exception from the time

28  limitations on benefits specified under s. 414.105.

29         (d)  Noncompliance related to medical incapacity.--If

30  an individual cannot participate in assigned work activities

31  due to a medical incapacity, the individual may be excepted

                                  32

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  from the activity for a specific period, except that the

 2  individual shall be required to comply with the course of

 3  treatment necessary for the individual to resume

 4  participation. A participant may not be excused from work

 5  activity requirements unless the participant's medical

 6  incapacity is verified by a physician licensed under chapter

 7  458 or chapter 459, in accordance with procedures established

 8  by rule of the department of Labor and Employment Security. An

 9  individual for whom there is medical verification of

10  limitation to participate in work activities shall be assigned

11  to work activities consistent with such limitations.

12  Evaluation of an individual's ability to participate in work

13  activities or development of a plan for work activity

14  assignment may include vocational assessment or work

15  evaluation. The department or a local WAGES coalition may

16  require an individual to cooperate in medical or vocational

17  assessment necessary to evaluate the individual's ability to

18  participate in a work activity.

19         (e)  Noncompliance due to medical incapacity by

20  applicants for Supplemental Security Income (SSI).--An

21  individual subject to work activity requirements may be

22  exempted from those requirements if the individual provides

23  information verifying that he or she has filed an application

24  for SSI disability benefits and the decision is pending

25  development and evaluation under social security disability

26  law, rules, and regulations at the initial reconsideration,

27  administrative law judge, or Social Security Administration

28  Appeals Council levels.

29         (f)(e)  Other good cause exceptions for

30  noncompliance.--Individuals who are temporarily unable to

31  participate due to circumstances beyond their control may be

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  excepted from the noncompliance penalties. The department of

 2  Labor and Employment Security may define by rule situations

 3  that would constitute good cause. These situations must

 4  include caring for a disabled family member when the need for

 5  the care has been verified and alternate care is not

 6  available.

 7         (9)  PRIORITIZATION OF WORK REQUIREMENTS.--The

 8  department and local WAGES coalitions Department of Labor and

 9  Employment Security shall require participation in work

10  activities to the maximum extent possible, subject to federal

11  and state funding. If funds are projected to be insufficient

12  to allow full-time work activities by all program participants

13  who are required to participate in work activities, local

14  WAGES coalitions the Department of Labor and Employment

15  Security shall screen participants and assign priority based

16  on the following:

17         (a)  In accordance with federal requirements, at least

18  one adult in each two-parent family shall be assigned priority

19  for full-time work activities.

20         (b)  Among single-parent families, a family that has

21  older preschool children or school-age children shall be

22  assigned priority for work activities.

23         (c)  A participant who has access to nonsubsidized

24  child care may be assigned priority for work activities.

25         (d)  Priority may be assigned based on the amount of

26  time remaining until the participant reaches the applicable

27  time limit for program participation or may be based on

28  requirements of a case plan.

29

30  Local WAGES coalitions The Department of Labor and Employment

31  Security may limit a participant's weekly work requirement to

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  the minimum required to meet federal work activity

 2  requirements in lieu of the level defined in subsection (2).

 3  The department and local WAGES coalitions the Department of

 4  Labor and Employment Security may develop screening and

 5  prioritization procedures within service districts or within

 6  counties based on the allocation of resources, the

 7  availability of community resources, or the work activity

 8  needs of the service district.

 9         (10)  USE OF CONTRACTS.--The department and local WAGES

10  coalitions Department of Labor and Employment Security shall

11  provide work activities, training, and other services, as

12  appropriate, through contracts. In contracting for work

13  activities, training, or services, the following applies:

14         (a)  All education and training provided under the

15  WAGES Program shall be provided through agreements with

16  regional workforce development boards.

17         (b)  A contract must be performance-based. Wherever

18  possible, payment shall be tied to performance outcomes that

19  include factors such as, but not limited to, job entry, job

20  entry at a target wage, and job retention, rather than tied to

21  completion of training or education or any other phase of the

22  program participation process.

23         (c)  A contract may include performance-based incentive

24  payments that may vary according to the extent to which the

25  participant is more difficult to place. Contract payments may

26  be weighted proportionally to reflect the extent to which the

27  participant has limitations associated with the long-term

28  receipt of welfare and difficulty in sustaining employment.

29  The factors may include the extent of prior receipt of

30  welfare, lack of employment experience, lack of education,

31  lack of job skills, and other factors determined appropriate

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  by the department Department of Labor and Employment Security.

 2         (d)  Notwithstanding the exemption from the competitive

 3  sealed bid requirements provided in s. 287.057(3)(f) for

 4  certain contractual services, each contract awarded under this

 5  chapter must be awarded on the basis of a competitive sealed

 6  bid, except for a contract with a governmental entity as

 7  determined by the department or the Department of Labor and

 8  Employment Security.

 9         (e)  The department and the local WAGES coalitions or

10  the Department of Labor and Employment Security may contract

11  with commercial, charitable, or religious organizations. A

12  contract must comply with federal requirements with respect to

13  nondiscrimination and other requirements that safeguard the

14  rights of participants. Services may be provided under

15  contract, certificate, voucher, or other form of disbursement.

16         (f)  The administrative costs associated with a

17  contract for services provided under this section may not

18  exceed the applicable administrative cost ceiling established

19  in federal law. An agency or entity that is awarded a contract

20  under this section may not charge more than 7 percent of the

21  value of the contract for administration, unless an exception

22  is approved by the local WAGES coalition. A list of any

23  exceptions approved must be submitted to the WAGES Program

24  State Board of Directors for review, and the board may rescind

25  approval of the exception. The WAGES Program State Board of

26  Directors may also approve exceptions for any statewide

27  contract for services provided under this section.

28         (g)  Local WAGES coalitions The Department of Labor and

29  Employment Security may enter into contracts to provide

30  short-term work experience for the chronically unemployed as

31  provided in this section.

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (h)  A tax-exempt organization under s. 501(c) of the

 2  Internal Revenue Code of 1986 which receives funds under this

 3  chapter must disclose receipt of federal funds on any

 4  advertising, promotional, or other material in accordance with

 5  federal requirements.

 6         (11)  PROTECTIONS FOR PARTICIPANTS.--

 7         (a)  Each participant is subject to the same health,

 8  safety, and nondiscrimination standards established under

 9  federal, state, or local laws that otherwise apply to other

10  individuals engaged in similar activities who are not

11  participants in the WAGES Program.

12         (b)  The Department of Labor and Employment Security

13  shall recommend to the Legislature by December 30, 1997,

14  policies to protect participants from discrimination,

15  unreasonable risk, and unreasonable expectations related to

16  work experience and community service requirements.

17         (13)  CONTRACTS FOR VOCATIONAL ASSESSMENTS AND WORK

18  EVALUATIONS.--Vocational assessments or work evaluations by

19  the Division of Vocational Rehabilitation pursuant to this

20  section shall be performed under contract with the local WAGES

21  coalitions.

22         Section 11.  Section 414.0655, Florida Statutes, is

23  created to read:

24         414.0655  Medical incapacity due to substance abuse or

25  mental health impairment.--

26         (1)  Notwithstanding the provisions of s. 414.065 to

27  the contrary, any participant who requires out-of-home

28  residential treatment for alcoholism, drug addiction, alcohol

29  abuse, or a mental health disorder, as certified by a

30  physician licensed under chapter 458 or chapter 459, shall be

31  exempted from work activities while participating in

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  treatment. The participant shall be required to comply with

 2  the course of treatment necessary for the individual to resume

 3  work activity participation. The treatment agency shall be

 4  required to notify the department with an initial estimate of

 5  when the participant will have completed the course of

 6  treatment and be ready to resume full participation in the

 7  WAGES program. If the treatment will take longer than 60 days,

 8  the treatment agency shall provide to the department the

 9  conditions justifying extended treatment and the department

10  and the treatment agency shall negotiate a continued stay in

11  treatment not to exceed an additional 90 days.

12         (2)  Notwithstanding any provision of s.

13  414.095(2)(a)4. or 5. to the contrary, a participant who is

14  absent from the home due to out-of-home residential treatment

15  for not more than 150 days shall continue to be a member of

16  the assistance group whether or not the child or children for

17  whom the participant is the parent or caretaker relative are

18  living in the residential treatment center.

19         Section 12.  Subsection (2) of section 414.085, Florida

20  Statutes, is amended and subsection (4) is added to said

21  section, 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         (2)  Income security payments, including payments

30  funded under part B of Title IV of the Social Security Act, as

31  amended; supplemental security income under Title XVI of the

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  Social Security Act, as amended; or other income security

 2  payments as defined by federal law shall be excluded included

 3  as income unless to the extent required to be included or

 4  permitted by federal law.

 5         (4)  An incentive payment to a participant authorized

 6  by a local WAGES coalition shall not be considered income.

 7         Section 13.  Paragraphs (b) and (c) of subsection (15)

 8  of section 414.095, Florida Statutes, 1998 Supplement, are

 9  amended, subsections (16), (17), and (18) are renumbered as

10  subsections (17), (18), and (19), respectively, and a new

11  subsection (16) is added to said section, to read:

12         414.095  Determining eligibility for the WAGES

13  Program.--

14         (15)  PROHIBITIONS AND RESTRICTIONS.--

15         (b)  Temporary cash assistance, without shelter

16  expense, may be available for a teen parent who is a minor

17  child less than 19 years of age and for the child. Temporary

18  cash assistance may not be paid directly to the teen parent

19  but must be paid, on behalf of the teen parent and child, to

20  an alternative payee who is designated by the department.  The

21  alternative payee may not use the temporary cash assistance

22  for any purpose other than paying for food, clothing, shelter,

23  and medical care for the teen parent and child and for other

24  necessities required to enable the teen parent to attend

25  school or a training program.  In order for the child of the

26  teen parent and the teen parent to be eligible for temporary

27  cash assistance, the teen parent must:

28         1.  Attend school or an approved alternative training

29  program, unless the child is less than 12 weeks of age or the

30  teen parent has completed high school; and

31         2.  Reside with a parent, legal guardian, or other

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  adult caretaker relative. The income and resources of the

 2  parent shall be included in calculating the temporary cash

 3  assistance available to the teen parent since the parent is

 4  responsible for providing support and care for the child

 5  living in the home.

 6         3.  Attend parenting and family classes that provide a

 7  curriculum specified by the department, the Department of

 8  Labor and Employment Security, or the Department of Health, as

 9  available.

10         (c)  The teen parent is not required to live with a

11  parent, legal guardian, or other adult caretaker relative if

12  the department determines that:

13         1.  The teen parent has suffered or might suffer harm

14  in the home of the parent, legal guardian, or adult caretaker

15  relative.

16         2.  The requirement is not in the best interest of the

17  teen parent or the child. If the department determines that it

18  is not in the best interest of the teen parent or child to

19  reside with a parent, legal guardian, or other adult caretaker

20  relative, the department shall provide or assist the teen

21  parent in finding a suitable home, a second-chance home, a

22  maternity home, or other appropriate adult-supervised

23  supportive living arrangement.  Such living arrangement may

24  include a shelter obligation in accordance with subsection

25  (11).

26

27  The department may not delay providing temporary cash

28  assistance to the teen parent through the alternative payee

29  designated by the department pending a determination as to

30  where the teen parent should live and sufficient time for the

31  move itself.  A teen parent determined to need placement that

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  is unavailable shall continue to be eligible for temporary

 2  cash assistance so long as the teen parent cooperates with the

 3  department, the local WAGES coalition Department of Labor and

 4  Employment Security, and the Department of Health.  The teen

 5  parent shall be provided with counseling to make the

 6  transition from independence to supervised living and with a

 7  choice of living arrangements.

 8         (16)  TRANSITIONAL BENEFITS AND SERVICES.--The

 9  department shall develop procedures to ensure that families

10  leaving the temporary cash assistance program receive

11  transitional benefits and services that will assist the family

12  in moving toward self-sufficiency. At a minimum, such

13  procedures must include, but are not limited to, the

14  following:

15         (a)  Each WAGES participant who is determined

16  ineligible for cash assistance for a reason other than a work

17  activity sanction shall be contacted by the case manager and

18  provided information about the availability of transitional

19  benefits and services. Such contact shall be attempted prior

20  to closure of the case management file.

21         (b)  Each WAGES participant who is determined

22  ineligible for cash assistance due to noncompliance with the

23  work activity requirements shall be contacted and provided

24  information in accordance with s. 414.065(4).

25         (c)  The department, in consultation with the WAGES

26  Program State Board of Directors, shall develop informational

27  material, including posters and brochures, to better inform

28  families about the availability of transitional benefits and

29  services.

30         (d)  The department shall review federal requirements

31  related to transitional Medicaid and shall, to the extent

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  permitted by federal law, develop procedures to maximize the

 2  utilization of transitional Medicaid by families who leave the

 3  temporary cash assistance program.

 4         Section 14.  Subsections (2), (3), (10), and (12) of

 5  section 414.105, Florida Statutes, 1998 Supplement, are

 6  amended to read:

 7         414.105  Time limitations of temporary cash

 8  assistance.--Unless otherwise expressly provided in this

 9  chapter, an applicant or current participant shall receive

10  temporary cash assistance for episodes of not more than 24

11  cumulative months in any consecutive 60-month period that

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

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

14         (2)  A participant who is not exempt from work activity

15  requirements may earn 1 month of eligibility for extended

16  temporary cash assistance, up to maximum of 12 additional

17  months, for each month in which the participant is fully

18  complying with the work activities of the WAGES Program

19  through subsidized or unsubsidized public or private sector

20  employment. The period for which extended temporary cash

21  assistance is granted shall be based upon compliance with

22  WAGES Program requirements beginning October 1, 1996. A

23  participant may not receive temporary cash assistance under

24  this subsection, in combination with other periods of

25  temporary cash assistance for longer than a lifetime limit of

26  48 months. Hardship exemptions to the time limitations of this

27  chapter shall be limited to 10 percent of participants in the

28  first year of implementation of this chapter, 15 percent of

29  participants in the second year of implementation of this

30  chapter, and 20 percent of participants in all subsequent

31  years, as determined by the department and approved by the

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  WAGES Program State Board of Directors. Criteria for hardship

 2  exemptions include:

 3         (a)  Diligent participation in activities, combined

 4  with inability to obtain employment.

 5         (b)  Diligent participation in activities, combined

 6  with extraordinary barriers to employment, including the

 7  conditions which may result in an exemption to work

 8  requirements.

 9         (c)  Significant barriers to employment, combined with

10  a need for additional time.

11         (d)  Diligent participation in activities and a need by

12  teen parents for an exemption in order to have 24 months of

13  eligibility beyond receipt of the high school diploma or

14  equivalent.

15         (e)  A recommendation of extension for a minor child of

16  a participating family that has reached the end of the

17  eligibility period for temporary cash assistance. The

18  recommendation must be the result of a review which determines

19  that the termination of the child's temporary cash assistance

20  would be likely to result in the child being placed into

21  emergency shelter or foster care. Temporary cash assistance

22  shall be provided through a protective payee. Staff of the

23  Children and Families Program Office of the department shall

24  conduct all assessments in each case in which it appears a

25  child may require continuation of temporary cash assistance

26  through a protective payee.

27

28  At the recommendation of the local WAGES coalition, temporary

29  cash assistance under a hardship exemption for a participant

30  who is eligible for work activities and who is not working

31  shall be reduced by 10 percent. Upon the employment of the

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  participant, full benefits shall be restored.

 2         (3)  In addition to the exemptions listed in subsection

 3  (2), a victim of domestic violence may be granted a hardship

 4  exemption if the effects of such domestic violence delay or

 5  otherwise interrupt or adversely affect the individual's

 6  participation in the program.  Hardship exemptions granted

 7  under this subsection shall not be subject to the percentage

 8  limitations in subsection (2) (3).

 9         (10)  An individual who receives benefits under the

10  Supplemental Security Income program or the Social Security

11  Disability Insurance program is not subject to time

12  limitations. An individual who has applied for supplemental

13  security income (SSI), but has not yet received a

14  determination must be granted an extension of time limits

15  until the individual receives a final determination on the SSI

16  application. Determination shall be considered final once all

17  appeals have been exhausted, benefits have been received, or

18  denial has been accepted without any appeal. Such individual

19  must continue to meet all program requirements assigned to the

20  participant based on medical ability to comply. Extensions of

21  time limits shall be within the recipient's 48-month lifetime

22  limit. Hardship exemptions granted under this subsection shall

23  not be subject to the percentage limitations in subsection

24  (2).

25         (12)  A member of the WAGES Program staff shall

26  interview and assess the employment prospects and barriers of

27  each participant who is within 6 months of reaching the

28  24-month time limit.  The staff member shall assist the

29  participant in identifying actions necessary to become

30  employed prior to reaching the benefit time limit for

31  temporary cash assistance and, if appropriate, shall refer the

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  participant for services that could facilitate employment.

 2         Section 15.  Section 414.1525, Florida Statutes, is

 3  created to read:

 4         414.1525  WAGES early exit diversion program.--An

 5  individual who meets the criteria listed in this section may

 6  choose to receive a lump-sum payment in lieu of ongoing cash

 7  assistance payments, provided the individual:

 8         (1)  Is employed and is receiving earnings, and would

 9  be eligible to receive cash assistance in an amount less than

10  $100 per month given the WAGES earnings disregard.

11         (2)  Has received cash assistance for at least 3

12  consecutive months.

13         (3)  Expects to remain employed for at least 6 months.

14         (4)  Chooses to receive a one-time lump-sum payment in

15  lieu of ongoing monthly payments.

16         (5)  Provides employment and earnings information to

17  the department, so that the department can ensure that the

18  family's eligibility for transitional benefits can be

19  evaluated.

20         (6)  Signs an agreement not to apply for or accept cash

21  assistance for 6 months after receipt of the one-time payment.

22  In the event of an emergency, such agreement shall provide for

23  an exception to this restriction, provided that the one-time

24  payment shall be deducted from any cash assistance for which

25  the family subsequently is approved. This deduction may be

26  prorated over an 8 month period.  The department shall adopt

27  rules defining the conditions under which a family may receive

28  cash assistance due to such emergency.

29

30  Such individual may choose to accept a one-time lump-sum

31  payment of $1,000 in lieu of receiving ongoing cash

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  assistance. Such payment shall only count toward the time

 2  limitation for the month in which the payment is made in lieu

 3  of cash assistance. A participant choosing to accept such

 4  payment shall be terminated from cash assistance.  However,

 5  eligibility for Medicaid, food stamps, or child care shall

 6  continue, subject to the eligibility requirements of those

 7  programs.

 8         Section 16.  Subsections (2), (3), (4), and (5) of

 9  section 414.155, Florida Statutes, 1998 Supplement, are

10  amended to read:

11         414.155  Relocation assistance program.--

12         (2)  The relocation assistance program shall involve

13  five steps by the Department of Children and Family Services

14  or a local WAGES coalition the Department of Labor and

15  Employment Security:

16         (a)  A determination that the family is a WAGES Program

17  participant or that all requirements of eligibility for the

18  WAGES Program would likely be met.

19         (b)  A determination that there is a basis for

20  believing that relocation will contribute to the ability of

21  the applicant to achieve self-sufficiency. For example, the

22  applicant:

23         1.  Is unlikely to achieve independence at the current

24  community of residence;

25         2.  Has secured a job that requires relocation to

26  another community;

27         3.  Has a family support network in another community;

28  or

29         4.  Is determined, pursuant to criteria or procedures

30  established by the WAGES Program State Board of Directors, to

31  be a victim of domestic violence who would experience reduced

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    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  probability of further incidents through relocation.

 2         (c)  Establishment of a relocation plan which includes,

 3  including a budget and such requirements as are necessary to

 4  prevent abuse of the benefit and to provide an assurance that

 5  the applicant will relocate. The plan may require that

 6  expenditures be made on behalf of the recipient.  However, the

 7  plan must include provisions to protect the safety of victims

 8  of domestic violence and avoid provisions that place them in

 9  anticipated danger.  The payment to defray relocation expenses

10  shall be determined based on a rule approved by the WAGES

11  Program State Board of Directors and adopted by the

12  department. Participants in the relocation program shall be

13  eligible for transitional benefits limited to an amount not to

14  exceed 4 months' temporary cash assistance, based on family

15  size.

16         (d)  A determination, pursuant to criteria adopted by

17  the WAGES Program State Board of Directors, that a Florida

18  community receiving a relocated family has the capacity to

19  provide needed services and employment opportunities.

20         (e)  Monitoring the relocation.

21         (3)  A family receiving relocation assistance for

22  reasons other than domestic violence must sign an agreement

23  restricting the family from applying for temporary cash

24  assistance for a period specified in a rule approved by the

25  WAGES Program State Board of Directors and adopted by the

26  department 6 months, unless an emergency is demonstrated to

27  the department.  If a demonstrated emergency forces the family

28  to reapply for temporary cash assistance within such period, 6

29  months after receiving a relocation assistance payment,

30  repayment must be made on a prorated basis over an 8-month

31  period and subtracted from any regular payment of temporary

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    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  cash assistance for which the applicant may be eligible, as

 2  specified in a rule approved by the WAGES Program State Board

 3  of Directors and adopted by the department.

 4         (4)  The department Department of Labor and Employment

 5  Security shall have authority to adopt rules pursuant to the

 6  Administrative Procedure Act to determine that a community has

 7  the capacity to provide services and employment opportunities

 8  for a relocated family.

 9         (5)  The department Department of Children and Family

10  Services shall have authority to adopt rules pursuant to the

11  Administrative Procedure Act to develop and implement

12  relocation plans and to draft an agreement restricting a

13  family from applying for temporary cash assistance for a

14  specified period within 6 months after receiving a relocation

15  assistance payment.

16         Section 17.  Section 414.157, Florida Statutes, is

17  created to read:

18         414.157  Diversion program for victims of domestic

19  violence.--

20         (1)  The diversion program for victims of domestic

21  violence is intended to provide services and one-time payments

22  to assist victims of domestic violence and their children in

23  making the transition to independence.

24         (2)  Before finding an applicant family eligible for

25  the diversion program created under this section, a

26  determination must be made that:

27         (a)  The applicant family includes a pregnant woman or

28  a parent with one or more minor children or a caretaker

29  relative with one or more minor children.

30         (b)  The services or one-time payment provided are not

31  considered assistance under federal law or guidelines.

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    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 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 18.  Section 414.158, Florida Statutes, is

16  created to read:

17         414.158  Diversion program to strengthen Florida's

18  families.--

19         (1)  The diversion program to strengthen Florida's

20  families is intended to provide services and one-time payments

21  to assist families in avoiding welfare dependency and to

22  strengthen families so that children can be cared for in their

23  own homes or in the homes of relatives and so that families

24  can be self-sufficient.

25         (2)  Before finding a family eligible for the diversion

26  program created under this section, a determination must be

27  made that:

28         (a)  The family includes a pregnant woman or a parent

29  with one or more minor children or a caretaker relative with

30  one or more minor children.

31         (b)  The family meets the criteria of a voluntary

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    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  assessment performed by Healthy Families Florida; the family

 2  meets the criteria established by the department for

 3  determining that one or more children in the family are at

 4  risk of abuse, neglect, or threatened harm; or the family is

 5  homeless or living in a facility that provides shelter to

 6  homeless families.

 7         (c)  The services or one-time payment provided are not

 8  considered assistance under federal law or guidelines.

 9         (3)  Notwithstanding any provision to the contrary in

10  s. 414.075, s. 414.085, or s. 414.095, a family meeting the

11  requirements of subsection (2) shall be considered a needy

12  family and shall be deemed eligible under this section.

13         (4)  The department, in consultation with Healthy

14  Families Florida, may establish additional requirements

15  related to services or one-time payments, and the department

16  is authorized to adopt rules relating to maximum amounts of

17  such one-time payments.

18         (5)  Receipt of services or a one-time payment under

19  this section shall not preclude eligibility for, or receipt

20  of, other assistance or services under this chapter.

21         Section 19.  Section 414.1585, Florida Statutes, is

22  created to read:

23         414.1585  Diversion program for families at risk of

24  welfare dependency due to substance abuse or mental illness.

25         (1)  The diversion program for families at risk of

26  welfare dependency due to substance abuse or mental illness is

27  intended to provide services and one-time payments to assist

28  families in avoiding welfare dependency and to stabilize

29  families, so that children can be cared for in their own homes

30  or in the homes of relatives and so that families can be

31  self-sufficient.

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (2)  Before finding a family eligible for the diversion

 2  program created under this section, a determination must be

 3  made that:

 4         (a)  The family includes a pregnant woman or a parent

 5  with one or more minor children or a caretaker relative with

 6  one or more minor children.

 7         (b)  The family meets criteria established by the

 8  department that one or more individuals in the family are at

 9  risk of or are impaired due to substance abuse or mental

10  illness.

11         (c)  The services or one-time payment provided are not

12  considered assistance under federal law or guidelines.

13         (3)  Notwithstanding any provision to the contrary in

14  s. 414.075, s. 414.085, or s. 414.095, a family meeting the

15  criteria of subsection (2) shall a be considered a needy

16  family and shall be deemed eligible under this section.

17         (4)  The department is authorized to adopt rules

18  governing the administration of this section and may establish

19  additional criteria related to services, client need, or

20  one-time payments. The department may establish maximum

21  amounts of one-time payments in rule.

22         (5)  Receipt of services or a one-time payment under

23  this section shall not preclude eligibility for, or receipt

24  of, other assistance or services under this chapter.

25         Section 20.  Section 414.159, Florida Statutes, is

26  created to read:

27         414.159  Teen parent and pregnancy prevention diversion

28  program; eligibility for services.--The Legislature recognizes

29  that teen pregnancy is a major cause of dependency on

30  government assistance that often extends through more than one

31  generation. The purpose of the teen parent and pregnancy

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  prevention diversion program is to provide services to reduce

 2  and avoid welfare dependency by reducing teen pregnancy,

 3  reducing the incidence of multiple pregnancies to teens, and

 4  by assisting teens in completing educational programs.

 5         (1)  Notwithstanding any provision to the contrary in

 6  ss. 414.075, 414.085, and 414.095, a teen who is determined to

 7  be at-risk of teen pregnancy or who already has a child shall

 8  be deemed eligible to receive services under this program.

 9         (2)  Services provided under this program shall be

10  limited to services that are not considered assistance under

11  federal law or guidelines.

12         (3)  Receipt of services under this section shall not

13  preclude eligibility for, or receipt of, other assistance or

14  services under this chapter.

15         Section 21.  Section 414.1599, Florida Statutes, is

16  created to read:

17         414.1599  Diversion programs; determination of

18  need.--If federal regulations require a determination of needy

19  families or needy parents to be based on financial criteria,

20  such as income or resources, for individuals or families who

21  are receiving services, one-time payments, or nonrecurring

22  short-term benefits, the department shall adopt rules to

23  define such criteria. In such rules, the department shall use

24  the income level established for Temporary Assistance for

25  Needy Families funds which are transferred for use under Title

26  XX of the Social Security Act. If federal regulations do not

27  require a financial determination for receipt of such

28  benefits, payments, or services, the criteria otherwise

29  established in this chapter shall be used.

30         Section 22.  Section 414.18, Florida Statutes, is

31  created to read:

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         414.18  Program for dependent care for families with

 2  children with special needs.--

 3         (1)  There is created the program for dependent care

 4  for families with children with special needs.  This program

 5  is intended to provide assistance to families with children

 6  who meet the following requirements:

 7         (a)  The child or children are between the ages of 13

 8  and 17 years, inclusive.

 9         (b)  The child or children are considered to be

10  children with special needs as defined by the subsidized child

11  care program authorized under s. 402.3015.

12         (c)  The family meets the income guidelines established

13  under s. 402.3015. Financial eligibility for this program

14  shall be based solely on the guidelines used for subsidized

15  child care, notwithstanding any financial eligibility criteria

16  to the contrary in s. 414.075, s. 414.085, or s. 414.095.

17         (2)  Implementation of this program shall be subject to

18  appropriation of funds for this purpose.

19         (3)  If federal funds under the Temporary Assistance

20  for Needy Families block grant provided under Title IV-A of

21  the Social Security Act, as amended, are used for this

22  program, the family must be informed about the federal

23  requirements on receipt of such assistance and must sign a

24  written statement acknowledging, and agreeing to comply with,

25  all federal requirements.

26         (4)  In addition to child care services provided under

27  s. 402.3015, dependent care may be provided for children age

28  13 years and older who are in need of care due to disability

29  and where such care is needed for the parent to accept or

30  continue employment or otherwise participate in work

31  activities. The amount of subsidy shall be consistent with the

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  rates for special needs child care established by the

 2  department. Dependent care needed for employment may be

 3  provided as transitional services for up to 2 years after

 4  eligibility for WAGES assistance ends.

 5         (5)  Notwithstanding any provision of s. 414.105 to the

 6  contrary, the time limitation on receipt of assistance under

 7  this section shall be the limit established pursuant to s.

 8  408(a)(7) of the Social Security Act, as amended, 42 U.S.C. s.

 9  608(a)(7).

10         Section 23.  Section 414.20, Florida Statutes, 1998

11  Supplement, is amended to read:

12         414.20  Other support services.--Support services shall

13  be provided, if resources permit, to assist participants in

14  complying with work activity requirements outlined in s.

15  414.065. If resources do not permit the provision of needed

16  support services, the department and the local WAGES coalition

17  Department of Labor and Employment Security may prioritize or

18  otherwise limit provision of support services. This section

19  does not constitute an entitlement to support services. Lack

20  of provision of support services may be considered as a factor

21  in determining whether good cause exists for failing to comply

22  with work activity requirements but does not automatically

23  constitute good cause for failing to comply with work activity

24  requirements, and does not affect any applicable time limit on

25  the receipt of temporary cash assistance or the provision of

26  services under this chapter. Support services shall include,

27  but need not be limited to:

28         (1)  TRANSPORTATION.--Transportation expenses may be

29  provided to any participant when the assistance is needed to

30  comply with work activity requirements or employment

31  requirements, including transportation to and from a child

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    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  care provider. Payment may be made in cash or tokens in

 2  advance or through reimbursement paid against receipts or

 3  invoices. Transportation services may include, but are not

 4  limited to, cooperative arrangements with the following:

 5  public transit providers; community transportation

 6  coordinators designated under chapter 427; school districts;

 7  churches and community centers; donated motor vehicle

 8  programs, van pools, and ridesharing programs; small

 9  enterprise developments and entrepreneurial programs that

10  encourage WAGES participants to become transportation

11  providers; public and private transportation partnerships; and

12  other innovative strategies to expand transportation options

13  available to program participants.

14         (a)  Local WAGES coalitions are authorized to provide

15  payment for vehicle operational and repair expenses, including

16  repair expenditures necessary to make a vehicle functional;

17  vehicle registration fees; driver's license fees; and

18  liability insurance for the vehicle for a period of up to 6

19  months. Request for vehicle repairs must be accompanied by an

20  estimate of the cost prepared by a repair facility registered

21  under s. 559.904.

22         (b)  Transportation disadvantaged funds as defined in

23  chapter 427 do not include WAGES support services funds or

24  funds appropriated to assist persons eligible under the Job

25  Training Partnership Act.  It is the intent of the Legislature

26  that local WAGES coalitions and regional workforce development

27  boards consult with local community transportation

28  coordinators designated under chapter 427 regarding the

29  availability and cost of transportation services through the

30  coordinated transportation system prior to contracting for

31  comparable transportation services outside the coordinated

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  system.

 2         (2)  ANCILLARY EXPENSES.--Ancillary expenses such as

 3  books, tools, clothing, fees, and costs necessary to comply

 4  with work activity requirements or employment requirements may

 5  be provided.

 6         (3)  MEDICAL SERVICES.--A family that meets the

 7  eligibility requirements for Medicaid shall receive medical

 8  services under the Medicaid program.

 9         (4)  PERSONAL AND FAMILY COUNSELING AND

10  THERAPY.--Counseling may be provided to participants who have

11  a personal or family problem or problems caused by substance

12  abuse that is a barrier to compliance with work activity

13  requirements or employment requirements. In providing these

14  services, the department and local WAGES coalitions the

15  Department of Labor and Employment Security shall use services

16  that are available in the community at no additional cost. If

17  these services are not available, the department and local

18  WAGES coalitions the Department of Labor and Employment

19  Security may use support services funds. Personal or family

20  counseling not available through Medicaid may not be

21  considered a medical service for purposes of the required

22  statewide implementation plan or use of federal funds.

23         Section 24.  Section 414.22, Florida Statutes, is

24  amended to read:

25         414.22  Transitional education and training.--In order

26  to assist current and former participants who are working or

27  actively seeking employment in continuing their training and

28  upgrading their skills, education, or training, support

29  services may be provided to a participant for up to 2 years

30  after the participant is no longer eligible to participate in

31  the program. This section does not constitute an entitlement

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  to transitional education and training. If funds are not

 2  sufficient to provide services under this section, the WAGES

 3  Program State Board of Directors Department of Labor and

 4  Employment Security may limit or otherwise prioritize

 5  transitional education and training.

 6         (1)  Education or training resources available in the

 7  community at no additional cost to the WAGES Program

 8  Department of Labor and Employment Security shall be used

 9  whenever possible.

10         (2)  The local WAGES coalitions Department of Labor and

11  Employment Security may authorize child care or other support

12  services in addition to services provided in conjunction with

13  employment. For example, a participant who is employed full

14  time may receive subsidized child care related to that

15  employment and may also receive additional subsidized child

16  care in conjunction with training to upgrade the participant's

17  skills.

18         (3)  Transitional education or training must be

19  job-related, but may include training to improve job skills in

20  a participant's existing area of employment or may include

21  training to prepare a participant for employment in another

22  occupation.

23         (4)  A local WAGES coalition The Department of Labor

24  and Employment Security may enter into an agreement with an

25  employer to share the costs relating to upgrading the skills

26  of participants hired by the employer. For example, local

27  WAGES coalitions the department may agree to provide support

28  services such as transportation or a wage subsidy in

29  conjunction with training opportunities provided by the

30  employer.

31         Section 25.  Section 414.223, Florida Statutes, is

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  created to read:

 2         414.223  Retention Incentive Training Accounts.--To

 3  promote job retention and to enable upward job advancement

 4  into higher skilled, higher paying employment, the WAGES

 5  Program State Board of Directors, Workforce Development Board,

 6  regional workforce development boards, and local WAGES

 7  coalitions may jointly assemble, from postsecondary education

 8  institutions, a list of programs and courses for WAGES

 9  participants who have become employed which promote job

10  retention and advancement.

11         (1)  The WAGES Program State Board of Directors and the

12  Workforce Development Board may jointly establish Retention

13  Incentive Training Accounts (RITAs). RITAs shall utilize

14  Temporary Assistance to Needy Families block grant funds

15  specifically appropriated for this purpose. RITAs must

16  complement the Individual Training Account required by the

17  federal Workforce Investment Act of 1998, Pub. L. No. 105-220.

18         (2)  RITAs may pay for tuition, fees, educational

19  materials, coaching and mentoring, performance incentives,

20  transportation to and from courses, child care costs during

21  education courses, and other such costs as the regional

22  workforce development boards determine are necessary to effect

23  successful job retention and advancement.

24         (3)  Regional workforce development boards shall retain

25  only those courses that continue to meet their performance

26  standards as established in their local plan.

27         (4)  Regional workforce development boards shall report

28  annually to the Legislature on the measurable retention and

29  advancement success of each program provider and the

30  effectiveness of RITAs, making recommendations for any needed

31  changes or modifications.

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         Section 26.  Section 414.225, Florida Statutes, 1998

 2  Supplement, is amended to read:

 3         414.225  Transitional transportation.--In order to

 4  assist former WAGES participants in maintaining and sustaining

 5  employment or educational opportunities, transportation may be

 6  provided, if funds are available, for up to 1 year after the

 7  participant is no longer eligible to participate in the

 8  program due to earnings. This does not constitute an

 9  entitlement to transitional transportation. If funds are not

10  sufficient to provide services under this section, the

11  department may limit or otherwise prioritize transportation

12  services.

13         (1)  Transitional transportation must be job or

14  education related.

15         (2)  Transitional transportation may include expenses

16  identified in s. 414.20, paid directly or by voucher, as well

17  as a vehicle valued at not more than $8,500 if the vehicle is

18  needed for training, employment, or educational purposes.

19         Section 27.  Section 414.23, Florida Statutes, is

20  amended to read:

21         414.23  Evaluation.--The department and the WAGES

22  Program State Board of Directors Department of Labor and

23  Employment Security shall arrange for evaluation of programs

24  operated under this chapter, as follows:

25         (1)  If required by federal waivers or other federal

26  requirements, the department and the WAGES Program State Board

27  of Directors Department of Labor and Employment Security may

28  provide for evaluation according to these requirements.

29         (2)  The department and the WAGES Program State Board

30  of Directors Department of Labor and Employment Security shall

31  participate in the evaluation of this program in conjunction

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  with evaluation of the state's workforce development programs

 2  or similar activities aimed at evaluating program outcomes,

 3  cost-effectiveness, or return on investment, and the impact of

 4  time limits, sanctions, and other welfare reform measures set

 5  out in this chapter. Evaluation shall also contain information

 6  on the number of participants in work experience assignments

 7  who obtain unsubsidized employment, including, but not limited

 8  to, the length of time the unsubsidized job is retained,

 9  wages, and the public benefits, if any, received by such

10  families while in unsubsidized employment.  The evaluation

11  shall solicit the input of consumers, community-based

12  organizations, service providers, employers, and the general

13  public, and shall publicize, especially in low-income

14  communities, the process for submitting comments.

15         (3)  The department and the WAGES Program State Board

16  of Directors Department of Labor and Employment Security may

17  share information with and develop protocols for information

18  exchange with the Florida Education and Training Placement

19  Information Program.

20         (4)  The department and the WAGES Program State Board

21  of Directors Department of Labor and Employment Security may

22  initiate or participate in additional evaluation or assessment

23  activities that will further the systematic study of issues

24  related to program goals and outcomes.

25         (5)  In providing for evaluation activities, the

26  department and the WAGES Program State Board of Directors

27  Department of Labor and Employment Security shall safeguard

28  the use or disclosure of information obtained from program

29  participants consistent with federal or state requirements.

30  The department and the WAGES Program State Board of Directors

31  Department of Labor and Employment Security may use evaluation

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  methodologies that are appropriate for evaluation of program

 2  activities, including random assignment of recipients or

 3  participants into program groups or control groups. To the

 4  extent necessary or appropriate, evaluation data shall provide

 5  information with respect to the state, district, or county, or

 6  other substate area.

 7         (6)  The department and the WAGES Program State Board

 8  of Directors Department of Labor and Employment Security may

 9  contract with a qualified organization for evaluations

10  conducted under this section.

11         (7)  Evaluations described in this section are exempt

12  from the provisions of s. 381.85.

13         Section 28.  Section 414.37, Florida Statutes, is

14  amended to read:

15         414.37  Public assistance overpayment recovery

16  privatization; reemployment of laid-off career service

17  employees.--Should career service employees of the Department

18  of Children and Family Services be subject to layoff after

19  July 1, 1995, due to the privatization of public assistance

20  overpayment recovery functions, the privatization contract

21  shall require the contracting firm to give priority

22  consideration to employment of such employees.  In addition, a

23  task force composed of representatives from the Department of

24  Children and Family Services, the Department of Labor and

25  Employment Security, and the Department of Management Services

26  shall be established to provide reemployment assistance to

27  such employees.

28         Section 29.  Section 414.44, Florida Statutes, is

29  amended to read:

30         414.44  Data collection and reporting.--The department

31  and the WAGES Program State Board of Directors Department of

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  Labor and Employment Security shall collect data necessary to

 2  administer this chapter and make the reports required under

 3  federal law to the United States Department of Health and

 4  Human Services and the United States Department of

 5  Agriculture.

 6         Section 30.  Section 414.45, Florida Statutes, 1998

 7  Supplement, is amended to read:

 8         414.45  Rulemaking.--The department has authority to

 9  adopt rules pursuant to ss. 120.536(1) and 120.54 to implement

10  and enforce the provisions of this chapter. The Department of

11  Labor and Employment Security may adopt rules pursuant to ss.

12  120.536(1) and 120.54, to implement and enforce the provisions

13  of this chapter. The rules must provide protection against

14  discrimination and the opportunity for a participant to

15  request a review by a supervisor or administrator of any

16  decision made by a panel or board of the department, the

17  Department of Labor and Employment Security, or the WAGES

18  Program.

19         Section 31.  Subsection (1), paragraph (b) of

20  subsection (2), and paragraph (a) of subsection (3) of section

21  414.70, Florida Statutes, 1998 Supplement, are amended to

22  read:

23         414.70  Drug-testing and drug-screening program;

24  procedures.--

25         (1)  DEMONSTRATION PROJECT.--The Department of Children

26  and Family Services, in consultation with local WAGES

27  coalitions 3 and 8, shall develop and, as soon as possible

28  after January 1, 1999, implement a demonstration project in

29  WAGES regions 3 and 8 to screen each applicant and test

30  applicants for temporary cash assistance provided under this

31  chapter, who the department has reasonable cause to believe,

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  based on the screening, engage in illegal use of controlled

 2  substances. Unless reauthorized by the Legislature, this

 3  demonstration project expires June 30, 2001. As used in this

 4  act, the term "applicant" means an individual who first

 5  applies for assistance or services under the WAGES Program.

 6  Screening and testing for the illegal use of controlled

 7  substances is not required if the individual reapplies during

 8  any continuous period in which the individual receives

 9  assistance or services. However, an individual may volunteer

10  for drug testing and treatment if funding is available.

11         (a)  Applicants subject to the requirements of this

12  section include any parent or caretaker relative who is

13  included in the cash assistance group, including individuals

14  who may be exempt from work activity requirements due to the

15  age of the youngest child or who may be excepted from work

16  activity requirements under s. 414.065(7).

17         (b)  Applicants not subject to the requirements of this

18  section include applicants for food stamps or Medicaid who are

19  not applying for cash assistance, applicants who, if eligible,

20  would be exempt from the time limitation and work activity

21  requirements due to receipt of social security disability

22  income, and applicants who, if eligible, would be excluded

23  from the assistance group due to receipt of supplemental

24  security income.

25         (2)  PROCEDURES.--Under the demonstration project, the

26  Department of Children and Family Services shall:

27         (b)  Develop a procedure for drug screening and

28  conducting drug testing of applicants for temporary assistance

29  or services under the WAGES Program.  For two-parent families,

30  both parents must comply with the drug screening and testing

31  requirements of this section.

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (3)  CHILDREN.--

 2         (a)  If a parent is deemed ineligible for cash

 3  assistance due to refusal to comply with the provisions of

 4  this section the failure of a drug test under this act, his or

 5  her dependent child's eligibility for cash assistance is not

 6  affected.  A parent who is ineligible for cash assistance due

 7  to refusal or failure to comply with the provisions of this

 8  section shall be subject to the work activity requirements of

 9  s. 414.065, and shall be subject to the penalties under s.

10  414.065(4) upon failure to comply with such requirements.

11         Section 32.  Subsection (13) of section 239.249,

12  Florida Statutes, is amended to read:

13         239.249  Market-driven, performance-based incentive

14  funding for vocational and technical education programs.--

15         (13)  Payment for vocational and technical education

16  and training provided to WAGES Program participants shall be

17  in accordance with the payment structure established by the

18  WAGES Program State Board of Directors under s.

19  414.027(1)(i)(g).

20         Section 33.  Paragraph (m) is added to subsection (2)

21  of section 250.10, Florida Statutes, 1998 Supplement, to read:

22         250.10  Appointment and duties of the Adjutant

23  General.--

24         (2)  The Adjutant General of the state shall be the

25  Chief of the Department of Military Affairs. He or she shall:

26         (m)  Subject to annual appropriations, administer youth

27  About Face programs and adult Forward March programs at sites

28  to be selected by the Adjutant General.

29         1.  About Face shall establish a summer and a

30  year-round afterschool life-preparation program for

31  economically disadvantaged and at-risk youths from 13 through

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  17 years of age. Both programs must provide schoolwork

 2  assistance, focusing on the skills needed to pass the high

 3  school competency test, and also focus on functional life

 4  skills, including teaching students to work effectively in

 5  groups; providing basic instruction in computer skills;

 6  teaching basic problem solving, decisionmaking, and reasoning

 7  skills; teaching how the business world and free enterprise

 8  work through computer simulations; and teaching home finance

 9  and budgeting and other daily living skills. In the

10  afterschool program, students must train in academic study

11  skills, and the basic skills that businesses require for

12  employment consideration.

13         2.  The Adjutant General shall provide job-readiness

14  services in the Forward March program for WAGES Program

15  participants who are directed to Forward March by local WAGES

16  coalitions. The Forward March program shall provide training

17  on topics that directly relate to the skills required for

18  real-world success. The program shall emphasize functional

19  life skills, computer literacy, interpersonal relationships,

20  critical-thinking skills, business skills, preemployment and

21  work maturity skills, job-search skills, exploring careers

22  activities, how to be a successful and effective employee, and

23  some job-specific skills. The program also shall provide

24  extensive opportunities for participants to practice generic

25  job skills in a supervised work setting. Upon completion of

26  the program, Forward March shall return participants to the

27  local WAGES coalition for placement in a job placement pool.

28         Section 34.  Sections 414.29 and 414.43, Florida

29  Statutes, are repealed.

30         Section 35.  (1)  Notwithstanding the provisions of ss.

31  216.031, 216.0181, 216.251, and 216.262, Florida Statutes, to

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  the contrary and pursuant to the provisions of s. 216.351,

 2  Florida Statutes, funds and authorized positions for the

 3  operation of programs affected by this act may be transferred

 4  by the Executive Office of the Governor between appropriation

 5  categories, budget entities, and departments as necessary to

 6  implement the act. The affected departments shall develop and

 7  publish annual operating budgets that reflect any

 8  reallocations. Any program, activity, or function transferred

 9  under the provisions of this subsection shall be considered a

10  type two transfer under the provisions of s. 20.06, Florida

11  Statutes.

12         (2)  Notwithstanding the provisions of s. 216.181,

13  Florida Statutes, and pursuant to the provisions of s.

14  216.351, Florida Statutes, but subject to any requirements

15  imposed in the General Appropriations Act, the Comptroller,

16  upon the request of the Executive Office of the Governor,

17  shall transfer or reallocate funds to or among accounts

18  established for disbursement purposes as necessary to

19  implement this act. The departments shall maintain records to

20  account for the original appropriation and shall submit

21  legislative budget requests which reflect the transfer of

22  funds between expenditure categories which have been made in

23  order to implement this act.

24         (3)  This section shall take effect upon this act

25  becoming a law.

26         Section 36.  This act shall take effect upon becoming a

27  law.

28

29

30  ================ T I T L E   A M E N D M E N T ===============

31  And the title is amended as follows:

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  remove from the title of the bill:  the entire title

 2

 3  and insert in lieu thereof:

 4                      A bill to be entitled

 5         An act relating to the WAGES Program; amending

 6         s. 402.305, F.S.; revising provisions excepting

 7         program participants working at a child care

 8         facility from calculation of the facility's

 9         staff-to-child ratio; amending s. 414.0252,

10         F.S.; providing a definition; creating s.

11         414.0267, F.S.; establishing a program of

12         matching grants for economic independence;

13         amending s. 414.027, F.S.; revising

14         requirements for the annual state plan;

15         modifying payment structure for services to

16         WAGES participants; amending s. 414.028, F.S.;

17         eliminating references to certain duties of the

18         Department of Labor and Employment Security;

19         providing funding for local WAGES coalitions

20         through contract with the Department of

21         Management Services; providing for revocation

22         of a local coalition charter; providing for

23         reassignment of duties; specifying use of

24         funds; amending s. 414.030, F.S.; eliminating a

25         cap on the number of WAGES Program employment

26         projects to be identified; specifying a limit

27         to funds allocated; authorizing the award of

28         reasonable administrative costs associated with

29         such projects; specifying contract terms;

30         requiring creation of a WAGES Program

31         Employment Implementation Team; creating s.

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         414.035, F.S.; requiring expenditures of funds

 2         under Temporary Assistance for Needy Families

 3         to be in accordance with federal provisions;

 4         requiring certification of fiscal controls;

 5         creating s. 414.045, F.S.; providing cash

 6         assistance program reporting and oversight

 7         requirements; providing duties of the state

 8         board of directors, local coalitions, and

 9         Department of Children and Family Services;

10         amending s. 414.055, F.S.; conforming

11         references; amending s. 414.065, F.S.; revising

12         restrictions on the use of vocational education

13         to fulfill work activity requirements; revising

14         provisions relating to job skills training;

15         providing for extended education and training;

16         providing penalties for failure to comply with

17         work activity alternative requirement plans;

18         revising provisions relating to interview,

19         counseling, and services for noncompliant

20         participants; directing the department to seek

21         a federal waiver to administer certain

22         sanctions; providing for limited work activity

23         assignments for persons with medically verified

24         limitations; providing for medical or

25         vocational assessment; providing an exemption

26         from work activity requirements for certain

27         supplemental security income applicants;

28         providing for contracts for vocational

29         assessments and work evaluations; creating s.

30         414.0655, F.S.; providing an exception from

31         work activities for participants who require

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         out-of-home residential treatment for substance

 2         abuse or mental health impairment; providing

 3         time limitations; amending s. 414.085, F.S.;

 4         revising applicability of certain federal

 5         income to program income eligibility standards;

 6         providing that local coalition incentive

 7         payments not be considered income; amending s.

 8         414.095, F.S.; revising provisions relating to

 9         temporary cash assistance and a shelter

10         obligation for teen parents; providing for

11         transitional benefits and services for families

12         leaving the temporary cash assistance program;

13         amending s. 414.105, F.S.; revising time

14         limitations and exceptions for temporary cash

15         assistance; creating s. 414.1525, F.S.;

16         authorizing an early exit diversion program;

17         providing criteria for one-time lump-sum

18         payment in lieu of ongoing cash assistance;

19         providing limitations; amending s. 414.155,

20         F.S.; revising procedure for determination of

21         relocation assistance and for receipt and

22         repayment of assistance thereafter; providing

23         eligibility for transitional benefits and

24         services; creating s. 414.157, F.S.;

25         authorizing a diversion program for victims of

26         domestic violence; providing eligibility;

27         providing limitations; creating s. 414.158,

28         F.S.; authorizing a diversion program to

29         strengthen Florida's families; providing

30         limitations and requirements; creating s.

31         414.1585, F.S.; authorizing a diversion program

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         for families at risk of welfare dependency due

 2         to substance abuse or mental illness; providing

 3         limitations and requirements; creating s.

 4         414.159, F.S.; authorizing the teen parent and

 5         teen pregnancy diversion program; providing

 6         eligibility; providing limitations; creating s.

 7         414.1599, F.S.; providing for determination of

 8         need for diversion programs; creating s.

 9         414.18, F.S.; creating a program for dependent

10         care for families with children with special

11         needs; providing requirements and limitations;

12         amending ss. 414.20, 414.23, 414.37, 414.44,

13         and 414.45, F.S.; conforming references;

14         amending s. 414.22, F.S.; revising eligibility

15         for transitional education and training;

16         creating s. 414.223, F.S.; providing for

17         development of lists of postsecondary programs

18         and courses that promote job retention and

19         advancement; authorizing establishment of

20         Retention Incentive Training Accounts;

21         providing for funding; providing eligible

22         expenditures; requiring an annual report;

23         amending s. 414.225, F.S.; revising provisions

24         relating to transitional transportation;

25         amending s. 414.70, F.S.; providing drug

26         testing and screening requirements for parents

27         and caretaker relatives in a cash assistance

28         group; providing exceptions; providing

29         applicability of work requirements and

30         penalties to persons who fail to comply with

31         drug testing and screening requirements;

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                                                   HOUSE AMENDMENT

    583-167AXC-08          Bill No. CS for CS for SB 256, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         amending s. 239.249, F.S.; correcting a cross

 2         reference; amending s. 250.10, F.S.; requiring

 3         the Adjutant General to administer a life

 4         preparation program and job readiness services;

 5         repealing s. 414.29, F.S., relating to access

 6         to lists of temporary cash assistance

 7         recipients; repealing s. 414.43, F.S., relating

 8         to a special needs allowance for families with

 9         a disabled family member; providing for

10         transfer of funds between appropriations

11         categories; providing an effective date.

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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