Senate Bill 0256e1
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1 A bill to be entitled
2 An act relating to the WAGES Program; amending
3 s. 402.305, F.S.; prohibiting the factoring of
4 specified individuals in calculating
5 staff-to-children ratio; creating s. 414.0265,
6 F.S.; providing for a Work and Gain Economic
7 Self-sufficiency fiscal agent; specifying
8 conditions; creating s. 414.0267, F.S.;
9 establishing a program for matching grants;
10 providing for administration; amending s.
11 414.027, F.S.; revising requirements for the
12 annual state plan; modifying payment structure;
13 amending s. 414.028, F.S.; conforming
14 cross-references; deleting obsolete provisions;
15 providing funding for local WAGES coalitions
16 through contract with the Office of Tourism,
17 Trade, and Economic Development; providing for
18 revocation of a local coalition charter;
19 providing for reassignment of duties;
20 specifying use of funds; amending s. 414.030,
21 F.S.; correcting an organizational name
22 reference; eliminating a cap on the number of
23 WAGES Program employment projects to be
24 identified; specifying that the role of the
25 WAGES Program Employment Project Coordinator
26 includes other WAGES employment opportunities;
27 authorizing the commitment and coordination of
28 resources; providing for suspension of certain
29 criteria and requirements; encouraging agency
30 resolution of barriers to such projects;
31 authorizing waiver of economic development
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1 incentive criteria; specifying a limit to funds
2 allocated; authorizing the award of reasonable
3 administrative costs associated with such
4 projects; specifying contract terms; requiring
5 creation of a WAGES Program Employment
6 Implementation Team; authorizing the Governor
7 to declare a WAGES employment emergency;
8 providing for use of certain emergency
9 management powers and other powers; creating s.
10 414.035, F.S.; requiring expenditures of funds
11 under Temporary Assistance for Needy Families
12 to be in accordance with federal provisions;
13 requiring certification of fiscal controls;
14 creating s. 414.045, F.S.; establishing a cash
15 assistance program; designating applicable
16 groups; amending s. 414.055, F.S.; conforming
17 organizational name references; amending s.
18 414.065, F.S.; conforming organizational name
19 references; excluding English language
20 proficiency from education time limits;
21 authorizing a local WAGES coalition to assign
22 certain additional educational activities as
23 work requirements; providing for an adjustment
24 in the regional-participation requirement;
25 requiring participants with medical limitations
26 to be assigned appropriate work activities;
27 providing for work activity exemption under
28 certain circumstances; deleting obsolete
29 provisions; amending s. 414.085, F.S.;
30 excluding certain payments from consideration
31 in determining grant amounts; amending s.
2
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1 414.095, F.S.; deleting obsolete provisions;
2 authorizing shelter obligations under certain
3 circumstances; conforming organizational name
4 references; amending s. 414.105, F.S.; revising
5 limitations on extended eligibility for
6 temporary cash assistance; deleting obsolete
7 provisions; creating s. 414.151, F.S.;
8 establishing a diversion program for victims of
9 domestic violence; creating s. 414.1521, F.S.;
10 establishing a diversion program to strengthen
11 Florida's families; providing for determining
12 eligibility for the program; authorizing the
13 Healthy Families Florida program or the
14 department to establish additional criteria for
15 services or one-time payments under the
16 program; providing that participation in the
17 program does not preclude eligibility for other
18 assistance; creating s. 414.159, F.S.;
19 establishing a teen parent and pregnancy
20 prevention diversion program; providing for
21 eligibility for services under the program;
22 providing that participation in the program
23 does not preclude eligibility for other
24 assistance; creating s. 414.1525, F.S.;
25 establishing an early exit incentive program;
26 amending s. 414.155, F.S.; conforming
27 organizational name references; revising
28 standards regarding the relocation assistance
29 program; amending s. 414.20, F.S., relating to
30 support services; providing for the provision
31 of care for certain dependent children so that
3
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1 the parent may accept or continue employment or
2 participate in work activities; conforming
3 organizational name references; creating s.
4 414.201, F.S.; establishing a program for
5 dependent care for families with children with
6 special needs; providing requirements for
7 eligibility; providing that implementation of
8 the program is subject to an appropriation;
9 requiring compliance with certain federal
10 requirements; providing a time limitation on
11 the receipt of assistance; amending s. 414.22,
12 F.S.; conforming organizational name
13 references; creating s. 414.223, F.S.;
14 authorizing the development of a list of
15 post-secondary courses to promote job retention
16 and advancement; authorizing Retention
17 Incentive Training Accounts; prescribing
18 eligible expenditures through such accounts;
19 requiring performance monitoring and a report;
20 reserving funds; amending s. 414.225, F.S.;
21 revising provisions relating to transportation;
22 amending s. 414.23, F.S.; conforming
23 organizational name references; amending s.
24 414.37, F.S.; deleting obsolete reference;
25 amending s. 414.44, F.S.; conforming
26 organizational name reference; amending s.
27 414.45, F.S.; deleting obsolete language;
28 amending s. 414.70, F.S.; providing conditions
29 for inclusion in a demonstration project;
30 providing for work activity requirements and
31 penalties for failure to comply; amending s.
4
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1 288.063, F.S.; providing for WAGES
2 transportation projects; authorizing the Office
3 of Tourism, Trade, and Economic Development to
4 develop an expedited process; amending s.
5 250.10, F.S.; requiring the Adjutant General to
6 administer a life preparation program and job
7 readiness services; providing appropriations of
8 TANF funds; amending s. 414.085, F.S.;
9 requiring that income security payments be
10 excluded as income except as required by
11 federal law; repealing s. 414.25, F.S.,
12 relating to exemptions from leased real
13 property requirements; repealing s. 414.43,
14 F.S., relating to special needs allowances for
15 families with disabled members; repealing s.
16 414.55, F.S., relating to implementation of the
17 program; requiring compliance with s. 216.181,
18 F.S.; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Subsection (4) of section 402.305, Florida
23 Statutes, 1998 Supplement, is amended to read:
24 402.305 Licensing standards; child care facilities.--
25 (4) STAFF-TO-CHILDREN RATIO.--
26 (a) Minimum standards for the care of children in a
27 licensed child care facility as established by rule of the
28 department must include:
29 1. For children from birth through 1 year of age,
30 there must be one child care personnel for every four
31 children.
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1 2. For children 1 year of age or older, but under 2
2 years of age, there must be one child care personnel for every
3 six children.
4 3. For children 2 years of age or older, but under 3
5 years of age, there must be one child care personnel for every
6 11 children.
7 4. For children 3 years of age or older, but under 4
8 years of age, there must be one child care personnel for every
9 15 children.
10 5. For children 4 years of age or older, but under 5
11 years of age, there must be one child care personnel for every
12 20 children.
13 6. For children 5 years of age or older, there must be
14 one child care personnel for every 25 children.
15 7. When children 2 years of age and older are in care,
16 the staff-to-children ratio shall be based on the age group
17 with the largest number of children within the group.
18 (b) This subsection does not apply to nonpublic
19 schools and their integral programs as defined in s.
20 402.3025(2)(d)1. In addition, an individual who is
21 participating in a community service work experience activity
22 under s. 414.065(1)(d) or (e) employee of a child care
23 facility who receives subsidized wages under the WAGES Program
24 may not be considered in calculating the staff-to-children
25 ratio.
26 Section 2. Section 414.0265, Florida Statutes, is
27 created to read:
28 414.0265 Work and Gain Economic Self-sufficiency
29 (WAGES) fiscal agent.--
30
31
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1 (1) The WAGES Program State Board of Directors is
2 authorized to contract with a fiscal agent to administer its
3 financial affairs.
4 (2) If the WAGES Program State Board of Directors
5 elects to contract with a fiscal agent to administer its
6 financial affairs, the following conditions must be met:
7 (a) The fiscal agent must be a Florida for profit or
8 not-for-profit corporation approved by the Department of
9 State;
10 (b) The fiscal agent cannot be a provider of any
11 service under the WAGES Program;
12 (c) The fiscal agent shall provide financial and
13 administrative services pursuant to an annual contract or
14 agreement with the WAGES Program State Board of Directors. The
15 contract or agreement shall include a requirement for annual
16 audit by an independent public account certified to practice
17 in Florida. The audit must meet the requirements of chapter 75
18 of Title 31, United States Code. The annual audit report
19 shall include a management letter and shall be submitted to
20 the Auditor General and the WAGES Program State Board of
21 Directors for review;
22 (d) Costs associated with fiscal agent services shall
23 be specified in the agreement and may not exceed 5 percent of
24 the total funds provided to the WAGES Program State Board of
25 Directors; and
26 (e) The fiscal agent shall assist the WAGES Program
27 State Board of Directors to prepare and submit an annual
28 budget request by September 1 of each year and an annual
29 financial statement to the Governor, the Senate, and the House
30 of Representatives. The format for the annual budget and the
31
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1 annual financial statement shall conform to the fiscal year of
2 the state.
3 Section 3. Section 414.0267, Florida Statutes, is
4 created to read:
5 414.0267 Matching grants for economic independence.--
6 (1) There is established a program of matching grants
7 for economic independence. The program shall provide an
8 incentive in the form of matching grants for donations and
9 expenditures by donors and charitable organizations for
10 transitional, diversion, and support programs that complement,
11 supplement, and further the goals of the Work and Gain
12 Economic Self-sufficiency Program.
13 (2) The WAGES Program State Board of Directors shall
14 specify the funds allocated for matching; the process for
15 submission, documentation, and approval of requests for
16 program funds and matching funds; accountability for funds and
17 proceeds of investments; allocations to programs and
18 coalitions; restrictions on the use of the funds; and criteria
19 used in determining the value of donations.
20 Section 4. Subsection (1) of section 414.027, Florida
21 Statutes, is amended to read:
22 414.027 WAGES Program annual statewide program
23 implementation plan.--
24 (1) The WAGES Program State Board of Directors shall
25 submit to the Governor, the President of the Senate, and the
26 Speaker of the House of Representatives an annual a statewide
27 plan for implementing the WAGES Program established under this
28 chapter. At a minimum, the annual statewide program
29 implementation plan must include:
30 (a) Performance standards, measurement criteria, and
31 contract guidelines for all services provided under the WAGES
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1 Program whether by state employees or contract providers. The
2 plan must include performance standards and objectives,
3 measurement criteria, measures of performance, and contract
4 guidelines for all local WAGES coalitions related to the
5 following issues:
6 1. Work participation rates by type of activity;
7 2. Caseload trends;
8 3. Recidivism;
9 4. Participation in diversion and relocation programs;
10 5. Employment retention; and
11 6. Other issues identified by the WAGES Program State
12 Board of Directors.
13 (b) A description of:
14 1. Cooperative agreements and partnerships between
15 local WAGES coalitions and local community agencies and
16 not-for-profit organizations described in section 501(c)(3) of
17 the Internal Revenue Code;
18 2. Efforts by local WAGES coalitions to provide WAGES
19 applicants, recipients, and former recipients with information
20 on the services and programs available to them, including
21 diversion programs, relocation assistance, and other services
22 that may be obtained without receiving monthly cash
23 assistance;
24 3. Efforts by local WAGES coalitions to overcome
25 transportation barriers to employment; and
26 4. Other issues determined by the WAGES Program State
27 Board of Directors.
28 (c) An evaluation of the performance of each local
29 WAGES coalition based on the performance measures and
30 guidelines.
31
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1 (d)(b) Directives for creating and chartering local
2 WAGES coalitions to plan and coordinate the delivery of
3 services under the WAGES Program at the local level.
4 (e)(c) The approval of the implementation plans
5 submitted by local WAGES coalitions.
6 (f)(d) Recommendations for clarifying, or if
7 necessary, modifying the roles of the state agencies charged
8 with implementing the WAGES Program so that all unnecessary
9 duplication is eliminated.
10 (g)(e) Recommendations for modifying compensation and
11 incentive programs for state employees in order to achieve the
12 performance outcomes necessary for successful implementation
13 of the WAGES Program.
14 (h)(f) Criteria for allocating WAGES Program resources
15 to local WAGES coalitions. Such criteria must include
16 weighting factors that reflect the relative degree of
17 difficulty associated with securing employment placements for
18 specific subsets of the welfare transition caseload.
19 (i)(g) The development of a performance-based payment
20 structure to be used for all WAGES Program services, which
21 takes into account the following:
22 1. The degree of difficulty associated with placing a
23 WAGES Program participant in a job;
24 2. The quality of the placement with regard to salary,
25 benefits, and opportunities for advancement; and
26 3. The employee's retention of the placement.
27
28 The payment structure shall provide not more than 50 40
29 percent of the cost of services provided to a WAGES
30 participant prior to placement, 25 50 percent upon employment
31 placement, and 25 10 percent if employment is retained for at
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1 least 6 months. The payment structure should provide bonus
2 payments to providers that experience notable success in
3 achieving long-term job retention with WAGES Program
4 participants. The board shall consult with the Workforce
5 Development Board Enterprise Florida workforce development
6 board in developing the WAGES Program annual statewide program
7 implementation plan.
8 (j) Specifications for WAGES Program services that are
9 to be delivered through local WAGES coalitions, including the
10 following:
11 1. Referral of participants to diversion and
12 relocation programs;
13 2. Pre-placement services, including assessment,
14 staffing, career plan development, work orientation, and
15 employability skills enhancement;
16 3. Services necessary to secure employment for a WAGES
17 participant;
18 4. Services necessary to assist participants in
19 retaining employment, including, but not limited to, remedial
20 education, language skills, and personal and family
21 counseling;
22 5. Desired quality of job placements with regard to
23 salary, benefits, and opportunities for advancement;
24 6. Expectations regarding job retention;
25 7. Strategies to ensure that transition services are
26 provided to participants for the mandated period of
27 eligibility;
28 8. Services that must be provided to the participant
29 throughout an education or training program, such as
30 monitoring attendance and progress in the program;
31
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1 9. Services that must be delivered to WAGES
2 participants who have a deferral from work requirements but
3 wish to participate in activities that meet federal
4 participation requirements; and
5 10. Expectations regarding continued participant
6 awareness of available services and benefits.
7 Section 5. Subsections (2), (4), (5), and (7) of
8 section 414.028, Florida Statutes, 1998 Supplement, are
9 amended, and subsections (9) and (10) are added to that
10 section to read:
11 414.028 Local WAGES coalitions.--The WAGES Program
12 State Board of Directors shall create and charter local WAGES
13 coalitions to plan and coordinate the delivery of services
14 under the WAGES Program at the local level. The boundaries of
15 the service area for a local WAGES coalition shall conform to
16 the boundaries of the service area for the regional workforce
17 development board established under the Enterprise Florida
18 workforce development board. The local delivery of services
19 under the WAGES Program shall be coordinated, to the maximum
20 extent possible, with the local services and activities of the
21 local service providers designated by the regional workforce
22 development boards.
23 (2) A local WAGES coalition and a regional workforce
24 development board may be combined into one board if the
25 membership complies with subsection (1), and if the membership
26 of the combined board meets the requirements of Pub. L. No.
27 105-220, s. 117(b)(2) 97-300, the federal Job Training
28 Partnership Act, as amended, and with any law delineating the
29 membership requirements for the regional workforce development
30 boards.
31
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1 (4) Each local WAGES coalition shall perform the
2 planning, coordination, and oversight functions specified in
3 the statewide implementation plan, including, but not limited
4 to:
5 (a) Developing a program and financial plan to achieve
6 the performance outcomes specified by the WAGES Program State
7 Board of Directors for current and potential program
8 participants in the service area. The plan must reflect the
9 needs of service areas for seed money to create programs that
10 assist children of WAGES participants. The plan must also
11 include provisions for providing services for victims of
12 domestic violence.
13 (b) Developing a funding strategy to implement the
14 program and financial plan which incorporates resources from
15 all principal funding sources.
16 (c) Identifying employment, service, and support
17 resources in the community which may be used to fulfill the
18 performance outcomes of the WAGES Program.
19 (d) In cooperation with the regional workforce
20 development board, coordinating the implementation of one-stop
21 career centers.
22 (e) Advising the Office of Tourism, Trade, and
23 Economic Development Department of Children and Family
24 Services and the Department of Labor and Employment Security
25 with respect to the competitive procurement of services under
26 the WAGES Program.
27 (f) Selecting an entity to administer the program and
28 financial plan, such as a unit of a political subdivision
29 within the service area, a not-for-profit private organization
30 or corporation, or any other entity agreed upon by the local
31 WAGES coalition.
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1 (g) Developing a plan for services for victims of
2 domestic violence.
3 1. The WAGES Program State Board of Directors shall
4 specify requirements for the local plan, including:
5 a. Criteria for determining eligibility for exceptions
6 to state work requirements;
7 b. The programs and services to be offered to victims
8 of domestic violence;
9 c. Time limits for exceptions to program requirements,
10 which may not result in an adult participant exceeding the
11 federal time limit for exceptions or the state lifetime
12 benefit limit that the participant would otherwise be entitled
13 to receive; and
14 d. An annual report on domestic violence, including
15 the progress made in reducing domestic violence as a barrier
16 to self-sufficiency among WAGES participants, local policies
17 and procedures for granting exceptions and exemptions from
18 program requirements due to domestic violence, and the number
19 and percentage of cases in which such exceptions and
20 exemptions are granted.
21 2. Each local WAGES coalition plan must specify
22 provisions for coordinating and, where appropriate, delivering
23 services, including:
24 a. Provisions for the local coalition to coordinate
25 with law enforcement agencies and social service agencies and
26 organizations that provide services and protection to victims
27 of domestic violence;
28 b. Provisions for allowing participants access to
29 domestic violence support services and ensuring that WAGES
30 participants are aware of domestic violence shelters,
31 hotlines, and other domestic violence services and policies;
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1 c. Designation of the agency that is responsible for
2 determining eligibility for exceptions from program
3 requirements due to domestic violence;
4 d. Provisions that require each individual who is
5 granted an exemption from program requirements due to domestic
6 violence to participate in a program that prepares the
7 individual for self-sufficiency and safety; and
8 e. Where possible and necessary, provisions for job
9 assignments and transportation arrangements that take maximum
10 advantage of opportunities to preserve the safety of the
11 victim of domestic violence and the victim's dependents.
12 (5) By October 1, 1998, local WAGES coalitions shall
13 deliver through one-stop career centers, the full continuum of
14 services provided under the WAGES Program, including services
15 that are provided at the point of application. The State WAGES
16 Board may direct the Department of Labor and Employment
17 Security to provide such services to WAGES participants if a
18 local WAGES coalition is unable to provide services due to
19 decertification. Local WAGES coalitions may not determine an
20 individual's eligibility for temporary cash assistance, and
21 all education and training shall be provided through
22 agreements with regional workforce development boards. The
23 local WAGES coalitions shall develop a transition plan to be
24 approved by the WAGES Program State Board of Directors. Should
25 career service employees of the Department of Labor and
26 Employment Security be subject to layoff due to the local
27 WAGES coalitions taking over the delivery of such services,
28 such employees shall be given priority consideration for
29 employment by the local WAGES coalitions. The local
30 coalition's transition plan shall provide for the utilization
31 of space leased by the Department of Labor and Employment
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1 Security for WAGES service functions. By October 1, 1998, the
2 coalition may have negotiated and entered into new lease
3 agreements or subleased for said space from the Department of
4 Labor and Employment Security. In the event the coalition
5 does not utilize the Department of Labor and Employment
6 Security leased space, the Department of Labor and Employment
7 Security shall not be obligated to pay under any lease
8 agreement for WAGES services entered into by the department
9 since July 1, 1996.
10 (7) At the option of the local WAGES coalition, local
11 employees of the department and the Department of Labor and
12 Employment Security shall provide staff support for the local
13 WAGES coalitions. Staff support may be provided by another
14 agency, entity, or by contract.
15 (9)(a) Effective October 1, 1999, funds for the
16 administrative and service delivery operations of the local
17 WAGES coalitions shall be provided to the coalitions by
18 contract with the Office of Tourism, Trade, and Economic
19 Development. The local WAGES coalitions are subject to the
20 provisions of the implementation plan approved for the
21 coalition by the WAGES Program State Board of Directors. Each
22 coalition's implementation plan shall be incorporated into the
23 coalition's contract with the Office of Tourism, Trade, and
24 Economic Development so that the coalition is contractually
25 committed to achieve the performance requirements contained in
26 the approved plan. The Office of Tourism, Trade, and Economic
27 Development shall advise the board of applicable federal and
28 state law related to the contract and of issues raised as a
29 result of oversight of the contracts.
30 (b) A local WAGES coalition that does not meet the
31 performance requirements set by the WAGES Program State Board
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1 of Directors and contained in the contract executed pursuant
2 to this subsection must develop for approval by the WAGES
3 Program State Board of Directors an analysis of the problems
4 preventing the region from meeting the performance standards
5 and a plan of corrective action for meeting state performance
6 requirements. The analysis and plan of corrective action shall
7 be included as appendices to the annual plan submitted to the
8 Governor, the President of the Senate, and the Speaker of the
9 House of Representatives by the WAGES Program State Board of
10 Directors.
11 (c) The WAGES Program State Board of Directors may
12 direct the Office of Tourism, Trade, and Economic Development
13 to procure a portion of the duties of a local WAGES coalition
14 from another agency, coalition, or provider for good cause.
15 Good cause may include failure to meet performance
16 requirements.
17 (d) The WAGES Program State Board of Directors may
18 revoke the charter of a local WAGES coalition for good cause,
19 which may include repeated failure to meet performance
20 requirements. If the charter of a local WAGES coalition is
21 revoked, the WAGES Program State Board of Directors may direct
22 the Office of Tourism, Trade, and Economic Development to
23 procure a service provider or providers for any or all of the
24 duties of a local WAGES coalition until a new coalition is
25 established by the WAGES Program State Board of Directors and
26 a contract is executed with the new coalition. The service
27 provider may be a public or private agency or another local
28 WAGES coalition.
29 (10) No less than 25 percent of funds provided to
30 local WAGES coalitions must be used to contract with local
31 public or private agencies that have elected or appointed
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1 boards of directors on which a majority of the members are
2 residents of that local WAGES coalition's service area.
3 Section 6. Section 414.030, Florida Statutes, 1998
4 Supplement, is amended to read:
5 414.030 WAGES Program Employment Projects.--
6 (1) The Legislature finds that the success of the
7 WAGES Program depends upon the existence of sufficient
8 employment opportunities compatible with the education and
9 skill levels of participants in the WAGES Program. The
10 Legislature further finds that extraordinary assistance may
11 need to be granted for certain economic development projects
12 that can have a great impact on the employment of WAGES
13 participants. It is the intent of the Legislature to
14 authorize the Governor and local governments to marshal state
15 and local resources in a coordinated and timely manner to
16 foster the development and completion of economic development
17 projects that have been identified as having a great impact on
18 the employment of WAGES participants.
19 (2) By August 1 of each year, each local city and
20 county economic development organization, in consultation with
21 local WAGES coalitions, shall identify economic development
22 projects that can have the greatest impact on employing WAGES
23 participants in their areas. Each local economic development
24 organization shall provide a prioritized list of no more than
25 five such projects to Enterprise Florida, Inc., by August 1 of
26 each year. The organizations shall identify local resources
27 that are available to foster the development and completion of
28 each project.
29 (3)(a) By September 1 of each year, Enterprise
30 Florida, Inc., in consultation with the state WAGES Program
31 State Board of Directors, shall review and prioritize the list
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1 of projects identified pursuant to subsection (2) using the
2 following criteria:
3 1. Areas with a high proportion of families who had
4 already received cash assistance in 3 out of the previous 5
5 years at the time their time limit was established;
6 2. Areas with a high proportion of families subject to
7 the WAGES time limit headed by a parent who was under age 24
8 at the time the time limit was established and who lacked high
9 school or GED completion;
10 3. Areas with a high proportion of families subject to
11 the time limit who have used all of the available months of
12 cash assistance since October 1996;
13 4. Areas with a low ratio of new jobs per WAGES
14 participant;
15 5. Areas with a low ratio of job openings requiring
16 less than a high school degree per WAGES participant;
17 6. Areas with a high proportion of families subject to
18 the time limit who are either within 6 months of the time
19 limit or are receiving cash assistance under a period of
20 hardship extension to the time limit;
21 7. Areas with unusually high unemployment; and
22 8. Areas identified as labor surplus areas using the
23 criteria established by the United States Department of Labor
24 Employment and Training Administration.
25 (b) To the greatest extent possible, Enterprise
26 Florida, Inc., shall foster the development or completion of
27 the projects identified pursuant to paragraph (a) using
28 existing state and local resources under the control of
29 Enterprise Florida, Inc. To the extent that such projects
30 cannot be developed or completed from resources available, to
31 Enterprise Florida, Inc., shall may identify and prioritize no
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1 more than 10 projects, of which no more than 3 may be located
2 in Dade County, that need extraordinary state and local
3 assistance. Enterprise Florida, Inc., shall provide the list
4 of projects needing extraordinary assistance to the Governor
5 and each WAGES Program Employment Project Coordinator
6 designated pursuant to subsection (4) by September 1 of each
7 year.
8 (4)(a) By July 1, 1998, the heads of the Departments
9 of Agriculture and Consumer Services, Labor and Employment
10 Security, Community Affairs, Children and Family Services,
11 Revenue, Business and Professional Regulation, Management
12 Services, Military Affairs, Transportation, and Environmental
13 Protection, and the Comptroller; the Auditor General; the
14 executive director of each water management district; and the
15 heads of the Office of Tourism, Trade, and Economic
16 Development, Enterprise Florida, Inc., Institute of Food and
17 Agricultural Sciences, the State Board of Community Colleges,
18 the Division of Workforce Development of the Department of
19 Education, State University System, and the Office of Planning
20 and Budgeting shall select from within such organizations a
21 person to be designated as the WAGES Program Employment
22 Project Coordinator, for the purposes of projects under this
23 section as well as for other WAGES employment opportunities
24 that may be identified apart from this section.
25 (b) By designation, the WAGES Program Employment
26 Project Coordinators are empowered to commit and coordinate
27 those resources applicable to the organization that the
28 coordinator represents, including suspending program criteria,
29 agency requirements, procedures, practices, guidelines, rules,
30 fees, charges, and other ministerial requirements, to
31
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1 successfully assist areas meeting the criteria in paragraph
2 (3)(a).
3 (c) Coordinators, working with the Office of Tourism,
4 Trade, and Economic Development, must encourage state and
5 local agencies to cooperatively solve all barriers for
6 attracting and committing potential employers to locate in the
7 state and to facilitate expansion of existing businesses in
8 the state.
9 (d) Coordinators, working with the Office of Tourism,
10 Trade, and Economic Development, may waive any criteria,
11 requirement, or similar provision of certain economic
12 development incentives, including the Qualified Target
13 Industry Tax Refund Program under s. 288.106; the
14 Quick-Response Training Program under s. 288.047; the WAGES
15 Quick-Response Training Program under s. 288.047; contracts
16 for transportation projects under s. 288.063; the Qualified
17 Defense Contractor Tax Refund Program under s. 288.1045; the
18 brownfield redevelopment bonus refunds under s. 288.107; and
19 the urban high-crime area and rural job tax credit programs
20 under ss. 212.097, 212.098, and 220.1895.
21 (e)(b) By October 1 of each year, each WAGES Program
22 Employment Project Coordinator shall determine what resources
23 are available at the organization to foster the development
24 and completion of the economic development projects received
25 pursuant to subsection (3). Each coordinator shall provide
26 this determination to the Governor by October 1 of each year.
27 (5)(a) By October 15 of each year, the Governor may,
28 by executive order, designate these projects as WAGES Program
29 Employment Projects, and direct the agencies to use the
30 resources identified pursuant to subsection (4) to develop or
31 complete such projects. The order shall direct such agencies
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1 to contract with the appropriate local WAGES coalition to
2 develop or complete such projects. Funds allocated to these
3 projects must not exceed $5,000 per new job created.
4 (b) Notwithstanding the eligibility provisions of s.
5 403.973, the Governor may waive such eligibility requirements
6 by executive order for projects that have been identified as
7 needing expedited permitting.
8 (c) To the extent that resources identified pursuant
9 to subsection (4) have been appropriated by the Legislature
10 for a specific purpose that does not allow for the expenditure
11 of such resources on the projects, the Governor may use the
12 budget amendment process in chapter 216 to request that these
13 resources be released to the Governor's Office to accomplish
14 the development or completion of the project.
15 (d) Any executive order issued by the Governor
16 pursuant to this section shall expire within 90 days, unless
17 renewed for an additional 60 days by the Governor. However,
18 no executive order may be issued by the Governor pursuant to
19 this section for a period in excess of 150 days.
20 (6) Each local WAGES coalition with jurisdiction over
21 an area where a WAGES Program Employment Project has been
22 designated by the Governor pursuant to subsection (5) shall
23 enter into a contract with the appropriate local, state, or
24 private entities to ensure that the project is developed and
25 completed. Such contracts may include, but are not limited
26 to, contracts with applicable state agencies and businesses to
27 provide training, education, and employment opportunities for
28 WAGES participants. Each local WAGES coalition may be awarded
29 reasonable administration costs from funds appropriated for
30 these projects.
31
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1 (7) All contracts shall be performance-based and
2 fixed-unit price. Contracts must include provisions for
3 reporting employment performance outcomes, identified by the
4 participant's social security number, utilizing the Florida
5 Department of Labor and Employment Security's financial
6 reporting management information system. Contracts may provide
7 for expenditures that need to be made in advance of the hiring
8 of WAGES participants as provided by applicable federal and
9 state laws. Employment shall be committed to WAGES
10 participants for a period of at least 3 years and shall
11 provide health care benefits.
12 (8)(7) The Office of Tourism, Trade, and Economic
13 Development shall convene a WAGES Program Employment
14 Implementation Team to ensure the timely and effective
15 implementation of these projects. By March 15 of each year,
16 this team Enterprise Florida, Inc., shall submit to the state
17 WAGES Program State Board of Directors, the Governor, the
18 President of the Senate, the Speaker of the House of
19 Representatives, the Senate Minority Leader, and the House
20 Minority Leader a complete and detailed report that includes,
21 but is not limited to, a description of the activities,
22 expenditures, and projects undertaken pursuant to this section
23 and a description of what, if any, legislative action that may
24 be necessary.
25 (9)(8)(a) The Auditor General may, pursuant to his or
26 her own authority or at the direction of the Legislature,
27 conduct a financial audit of the expenditure of resources
28 pursuant to this section.
29 (b) Prior to the 2000 Regular Session of the
30 Legislature, the Office of Program Policy Analysis and
31 Government Accountability shall conduct a review of the
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1 projects developed or completed pursuant to this section. The
2 review shall be comprehensive in its scope, but, at a minimum,
3 must be conducted in a manner as to specifically determine:
4 1. The impact the provisions contained in this section
5 had on the development and completion of the projects
6 identified pursuant to this section.
7 2. Whether it would be sound public policy to continue
8 or discontinue to foster the development or completion of
9 projects using the processes provided in this section. The
10 report shall be submitted by January 1, 2000, to the President
11 of the Senate, the Speaker of the House of Representatives,
12 the Senate Minority Leader, and the House Minority Leader.
13 (10) If the Governor finds that the provisions of this
14 section will be inadequate to address a community's impending
15 or existing employment crisis, the Governor may, by executive
16 order, declare a WAGES employment emergency and may use only
17 the necessary powers enumerated under s. 252.36, as well as
18 all other powers of the Governor under law, to coordinate,
19 focus, intensify, and maximize successful WAGES employment
20 efforts.
21 Section 7. Section 414.035, Florida Statutes, is
22 created to read:
23 414.035 Authorized expenditures.--Any expenditures
24 from the Temporary Assistance for Needy Families block grant
25 shall be expended in accordance with the requirements and
26 limitations of part A of Title IV of the Social Security Act,
27 as amended, or any other applicable federal requirement or
28 limitation. Prior to any expenditure of such funds, the
29 Secretary of the Department of Children and Family Services,
30 or his or her designee, shall certify that controls are in
31 place to ensure such funds are expended in accordance with the
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1 requirements and limitations of federal law and that any
2 reporting requirements of federal law are met. It shall be the
3 responsibility of any entity to which such funds are
4 appropriated to obtain the required certification prior to any
5 expenditure of funds.
6 Section 8. Section 414.045, Florida Statutes, is
7 created to read:
8 414.045 Cash Assistance Program.--Cash assistance
9 families include any families receiving cash assistance from
10 the state program for Temporary Assistance for Needy Families
11 as defined in federal law, whether such cash assistance is
12 supported by federal funds, state funds, or a combination of
13 federal and state funds. Cash assistance families may also
14 include families receiving cash assistance through a program
15 defined as a separate state program. For reporting purposes,
16 families receiving cash assistance shall be designated as
17 being in one of the following groups. The department may
18 develop additional groupings in order to comply with federal
19 reporting requirements, to comply with the data needs of the
20 WAGES Program State Board of Directors, or to better inform
21 the public of program progress. Program reporting data shall
22 include, but is not necessarily limited to, the following
23 groups:
24 (1) WAGES cases include families that contain an adult
25 or a teen head of household as defined by federal law. WAGES
26 cases are generally subject to the work activity requirements
27 defined in s. 414.065 and the time limitations on cash
28 benefits established in s. 414.105. Families with an adult
29 where the adult's needs have been removed from the case due to
30 sanction or disqualification shall be considered WAGES cases
31 to the extent that such cases are considered in the
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1 calculation of federal work participation rates or would be
2 counted in such calculation in future months.
3 (2) Child only cases include cases that do not include
4 an adult or teen head of household as defined in federal law.
5 Such cases include:
6 (a) Child only families with children in the care of
7 caretaker relatives where the caretaker relatives choose to
8 have their needs excluded in calculating the amount of cash
9 assistance.
10 (b) Families in the Relative Caregiver Program as
11 defined in s. 39.5085.
12 (c) Families in which the only parent in a
13 single-parent family or both parents in a two-parent family
14 receive Supplemental Security Income (SSI) benefits under
15 Title XVI of the Social Security Act, as amended. To the
16 extent permitted by federal law, individuals receiving SSI
17 shall be excluded as household members in determining the
18 amount of cash assistance, and such cases shall not be
19 considered as families that contain an adult. Parents or
20 caretaker relatives who are excluded as members of the cash
21 assistance group due to receiving SSI benefits may voluntarily
22 participate in WAGES work activities. An individual who
23 volunteers to participate in a WAGES work activity may receive
24 WAGES-related child care or support services consistent with
25 such participation.
26 (d) Families described in paragraph (a), paragraph
27 (b), or paragraph (c) may receive child care assistance or
28 other support services so that the children may continue to be
29 cared for in their own homes or in the homes of relatives.
30 Such assistance or services may be funded from the Temporary
31 Assistance for Needy Families block grant to the extent
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1 permitted under federal law and in accordance with specific
2 state appropriations.
3 (e) Families in which the only parent in a
4 single-parent family or both parents in a two-parent family
5 are not eligible for cash assistance due to immigration status
6 or other requirements of federal law. To the extent required
7 by federal law, such cases shall not be considered families
8 that contain an adult.
9
10 The purview of the WAGES Program State Board of Directors and
11 the service delivery and financial planning responsibilities
12 of the local WAGES coalitions shall apply to the families
13 defined as WAGES cases in subsection (1). The department
14 shall be responsible for program administration and service
15 delivery related to families in groups defined in subsection
16 (2) and shall coordinate such administration and service
17 delivery with the WAGES Program State Board of Directors to
18 the extent required for effective operations of the WAGES
19 Program.
20 Section 9. Subsection (6) of section 414.055, Florida
21 Statutes, is amended to read:
22 414.055 One-stop career centers.--
23 (6) At the one-stop career centers, local WAGES
24 coalitions staff of the Department of Labor and Employment
25 Security shall assign a participant in the WAGES Program to an
26 approved work activities activity.
27 Section 10. Paragraphs (b), (g), and (i) of subsection
28 (1) and subsections (2), (4), (7), (9), (10), and (11) of
29 section 414.065, Florida Statutes, 1998 Supplement, are
30 amended to read:
31 414.065 Work requirements.--
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1 (1) WORK ACTIVITIES.--The following activities may be
2 used individually or in combination to satisfy the work
3 requirements for a participant in the WAGES Program:
4 (b) Subsidized private sector employment.--Subsidized
5 private sector employment is employment in a private
6 for-profit enterprise or a private not-for-profit enterprise
7 which is directly supplemented by federal or state funds. A
8 subsidy may be provided in one or more of the forms listed in
9 this paragraph.
10 1. Work supplementation.--A work supplementation
11 subsidy diverts a participant's temporary cash assistance
12 under the program to the employer. The employer must pay the
13 participant wages that equal or exceed the applicable federal
14 minimum wage. Work supplementation may not exceed 6 months. At
15 the end of the supplementation period, the employer is
16 expected to retain the participant as a regular employee
17 without receiving a subsidy. A work supplementation agreement
18 may not be continued with any employer who exhibits a pattern
19 of failing to provide participants with continued employment
20 after the period of work supplementation ends.
21 2. On-the-job training.--On-the-job training is
22 full-time, paid employment in which the employer or an
23 educational institution in cooperation with the employer
24 provides training needed for the participant to perform the
25 skills required for the position. The employer or the
26 educational institution on behalf of the employer receives a
27 subsidy to offset the cost of the training provided to the
28 participant. Upon satisfactory completion of the training, the
29 employer is expected to retain the participant as a regular
30 employee without receiving a subsidy. An on-the-job training
31 agreement may not be continued with any employer who exhibits
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1 a pattern of failing to provide participants with continued
2 employment after the on-the-job training subsidy ends.
3 3. Incentive payments.--The department and local WAGES
4 coalitions the Department of Labor and Employment Security may
5 provide additional incentive payments to encourage employers
6 to employ program participants. Incentive payments may include
7 payments to encourage the employment of hard-to-place
8 participants, in which case the amount of the payment shall be
9 weighted proportionally to the extent to which the participant
10 has limitations associated with the long-term receipt of
11 welfare and difficulty in sustaining employment. In
12 establishing incentive payments, the department and local
13 WAGES coalitions the Department of Labor and Employment
14 Security shall consider the extent of prior receipt of
15 welfare, lack of employment experience, lack of education,
16 lack of job skills, and other appropriate factors. A
17 participant who has complied with program requirements and who
18 is approaching the time limit for receiving temporary cash
19 assistance may be defined as "hard-to-place." Incentive
20 payments may include payments in which an initial payment is
21 made to the employer upon the employment of a participant, and
22 the majority of the incentive payment is made after the
23 employer retains the participant as a full-time employee for
24 at least 12 months. An incentive agreement may not be
25 continued with any employer who exhibits a pattern of failing
26 to provide participants with continued employment after the
27 incentive payments cease.
28 4. Tax credits.--An employer who employs a program
29 participant may qualify for enterprise zone property tax
30 credits under s. 220.182, the tax refund program for qualified
31 target industry businesses under s. 288.106, or other federal
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1 or state tax benefits. The department and the Department of
2 Labor and Employment Security shall provide information and
3 assistance, as appropriate, to use such credits to accomplish
4 program goals.
5 5. WAGES training bonus.--An employer who hires a
6 WAGES participant who has less than 6 months of eligibility
7 for temporary cash assistance remaining and who pays the
8 participant a wage that precludes the participant's
9 eligibility for temporary cash assistance may receive $240 for
10 each full month of employment for a period that may not exceed
11 3 months. An employer who receives a WAGES training bonus for
12 an employee may not receive a work supplementation subsidy for
13 the same employee. Employment is defined as 35 hours per week
14 at a wage of no less than minimum wage.
15 (g) Vocational education or training.--Vocational
16 education or training is education or training designed to
17 provide participants with the skills and certification
18 necessary for employment in an occupational area. Vocational
19 education or training may be used as a primary program
20 activity for participants when it has been determined that the
21 individual has demonstrated compliance with other phases of
22 program participation and successful completion of the
23 vocational education or training is likely to result in
24 employment entry at a higher wage than the participant would
25 have been likely to attain without completion of the
26 vocational education or training. Vocational education or
27 training may be combined with other program activities and
28 also may be used to upgrade skills or prepare for a higher
29 paying occupational area for a participant who is employed.
30 1. Vocational education shall not be used as the
31 primary program activity for a period which exceeds 12 months.
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1 The 12-month restriction applies to instruction in a career
2 education program and does not include remediation of basic
3 skills, including English language proficiency, through adult
4 general education if remediation is necessary to enable a
5 WAGES participant to benefit from a career education program.
6 Any necessary remediation must be completed before a
7 participant is referred to vocational education as the primary
8 work activity. In addition, use of vocational education or
9 training shall be restricted to not more than 20 percent of
10 adult participants in the WAGES region, or subject to other
11 limitation as established in federal law. Vocational education
12 included in a program leading to a high school diploma shall
13 not be considered vocational education for purposes of this
14 section.
15 2. The WAGES Program State Board of Directors may
16 approve a plan by a local WAGES coalition for assigning, as
17 work requirements, educational activities that exceed or are
18 not included in those provided elsewhere in this section and
19 that do not comply with federal work participation requirement
20 limitations. In order to be eligible to implement this
21 subparagraph, a coalition must continue to meet the overall
22 federal work participation rate requirements. For purposes of
23 this paragraph, the WAGES Program State Board of Directors may
24 adjust the regional participation requirement based on the
25 regional caseload decline. However, this adjustment is limited
26 to no more than the adjustment produced by the calculation
27 used to generate federal adjustments to the participation
28 requirement due to caseload decline.
29 3.2. When possible, a provider of vocational education
30 or training shall use funds provided by funding sources other
31 than the department or local WAGES coalition the Department of
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1 Labor and Employment Security. Either department may provide
2 additional funds to a vocational education or training
3 provider only if payment is made pursuant to a
4 performance-based contract. Under a performance-based
5 contract, the provider may be partially paid when a
6 participant completes education or training, but the majority
7 of payment shall be made following the participant's
8 employment at a specific wage or job retention for a specific
9 duration. Performance-based payments made under this
10 subparagraph are limited to education or training for targeted
11 occupations identified by the Occupational Forecasting
12 Conference under s. 216.136, or other programs identified by
13 the Workforce Development Board Enterprise Florida workforce
14 development board as beneficial to meet the needs of
15 designated groups, such as WAGES participants, who are hard to
16 place. If the contract pays the full cost of training, the
17 community college or school district may not report the
18 participants for other state funding, except that the college
19 or school district may report WAGES clients for performance
20 incentives or bonuses authorized for student enrollment,
21 completion, and placement.
22 (i) Education services related to employment for
23 participants 19 years of age or younger.--Education services
24 provided under this paragraph are designed to prepare a
25 participant for employment in an occupation. The department
26 and the Department of Labor and Employment Security shall
27 coordinate education services with the school-to-work
28 activities provided under s. 229.595. Activities provided
29 under this paragraph are restricted to participants 19 years
30 of age or younger who have not completed high school or
31 obtained a high school equivalency diploma.
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1 (2) WORK ACTIVITY REQUIREMENTS.--Each individual adult
2 participant who is not otherwise exempt must participate in a
3 work activity, except for community service work experience,
4 for the maximum number of hours allowable under federal law
5 provided that no participant be required to work more than 40
6 hours per week or less than the minimum number of hours
7 required by federal law. The maximum number of hours each
8 month that a participant may be required to participate in
9 community service activities is the greater of: the number of
10 hours that would result from dividing the family's monthly
11 amount for temporary cash assistance and food stamps by the
12 federal minimum wage and then dividing that result by the
13 number of participants in the family who participate in
14 community service activities; or the minimum required to meet
15 federal participation requirements. However, in no case shall
16 the maximum hours required per week for community work
17 experience exceed 40 hours. An applicant shall be referred for
18 employment at the time of application if the applicant is
19 eligible to participate in the WAGES Program.
20 (a) A participant in a work activity may also be
21 required to enroll in and attend a course of instruction
22 designed to increase literacy skills to a level necessary for
23 obtaining or retaining employment, provided that the
24 instruction plus the work activity does not require more than
25 40 hours per week.
26 (b) WAGES Program funds may be used, as available, to
27 support the efforts of a participant who meets the work
28 activity requirements and who wishes to enroll in or continue
29 enrollment in an adult general education program or a career
30 education program.
31
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1 (4) PENALTIES FOR NONPARTICIPATION IN WORK
2 REQUIREMENTS.--The department and the Department of Labor and
3 Employment Security shall establish procedures for
4 administering penalties for nonparticipation in work
5 requirements. If an individual in a family receiving temporary
6 cash assistance fails to engage in work activities required in
7 accordance with this section, the following penalties shall
8 apply:
9 (a) First noncompliance: temporary cash assistance
10 shall be terminated for the family until the individual who
11 failed to comply does so, and food stamp benefits shall not be
12 increased as a result of the loss of temporary cash
13 assistance.
14 (b) Second noncompliance: temporary cash assistance
15 and food stamps shall be terminated for the family until the
16 individual demonstrates compliance in the required work
17 activity for a period of 30 days. Upon compliance, temporary
18 cash assistance and food stamps shall be reinstated to the
19 date of compliance. Prior to the imposition of sanctions for
20 a second noncompliance, the participant shall be interviewed
21 to determine why full compliance has not been achieved. The
22 participant shall be counseled regarding compliance and, if
23 appropriate, shall be referred for services that could assist
24 the participant to fully comply with program requirements.
25 (c) Third noncompliance: temporary cash assistance
26 and food stamps shall be terminated for the family for 3
27 months. The individual shall be required to demonstrate
28 compliance in the work activity upon completion of the 3-month
29 penalty period, before reinstatement of temporary cash
30 assistance and food stamps.
31
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1 Prior to the imposition of sanctions, the participant shall be
2 interviewed to determine why full compliance has not been
3 achieved. The participant shall be counseled regarding
4 compliance and, if appropriate, shall be referred for services
5 that could assist the participant to fully comply with program
6 requirements. If a participant fully complies with work
7 activity requirements for at least 6 months, the participant
8 shall be reinstated as being in full compliance with program
9 requirements for purpose of sanctions imposed under this
10 section.
11 (7) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--The
12 situations listed in this subsection shall constitute
13 exceptions to the penalties for noncompliance with
14 participation requirements, except that these situations do
15 not constitute exceptions to the applicable time limit for
16 receipt of temporary cash assistance:
17 (a) Noncompliance related to child care.--Temporary
18 cash assistance may not be terminated for refusal to
19 participate in work activities if the individual is a single
20 custodial parent caring for a child who has not attained 6
21 years of age, and the adult proves to the department or to the
22 Department of Labor and Employment Security an inability to
23 obtain needed child care for one or more of the following
24 reasons:
25 1. Unavailability of appropriate child care within a
26 reasonable distance from the individual's home or worksite.
27 2. Unavailability or unsuitability of informal child
28 care by a relative or under other arrangements.
29 3. Unavailability of appropriate and affordable formal
30 child care arrangements.
31
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1 (b) Noncompliance related to domestic violence.--An
2 individual who is determined to be unable to comply with the
3 work requirements because such compliance would make it
4 probable that the individual would be unable to escape
5 domestic violence shall be exempt from work requirements
6 pursuant to s. 414.028(4)(g). However, the individual shall
7 comply with a plan that specifies alternative requirements
8 that prepare the individual for self-sufficiency while
9 providing for the safety of the individual and the
10 individual's dependents. An exception granted under this
11 paragraph does not constitute an exception to the time
12 limitations on benefits specified under s. 414.105.
13 (c) Noncompliance related to treatment or remediation
14 of past effects of domestic violence.--An individual who is
15 determined to be unable to comply with the work requirements
16 under this section due to mental or physical impairment
17 related to past incidents of domestic violence may be exempt
18 from work requirements for a specified period pursuant to s.
19 414.028(4)(g), except that such individual shall comply with a
20 plan that specifies alternative requirements that prepare the
21 individual for self-sufficiency while providing for the safety
22 of the individual and the individual's dependents. The plan
23 must include counseling or a course of treatment necessary for
24 the individual to resume participation. The need for treatment
25 and the expected duration of such treatment must be verified
26 by a physician licensed under chapter 458 or chapter 459; a
27 psychologist licensed under s. 490.005(1), s. 490.006, or the
28 provision identified as s. 490.013(2) in s. 1, chapter 81-235,
29 Laws of Florida; a therapist as defined in s. 491.003(2) or
30 (6); or a treatment professional who is registered under s.
31 415.605(1)(g), is authorized to maintain confidentiality under
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1 s. 90.5036(1)(d), and has a minimum of 2 years experience at a
2 certified domestic violence center. An exception granted under
3 this paragraph does not constitute an exception from the time
4 limitations on benefits specified under s. 414.105.
5 (d) Noncompliance related to medical incapacity.--If
6 an individual cannot participate in assigned work activities
7 due to a medical incapacity, the individual may be excepted
8 from the activity for a specific period, except that the
9 individual shall be required to comply with the course of
10 treatment necessary for the individual to resume
11 participation. A participant may not be excused from work
12 activity requirements unless the participant's medical
13 incapacity is verified by a physician licensed under chapter
14 458 or chapter 459, in accordance with procedures established
15 by rule of the department Department of Labor and Employment
16 Security. An individual for whom there is medical verification
17 of limitation to participate in work activities shall be
18 assigned to work activities consistent with such limitations.
19 Evaluation of an individual's ability to participate in work
20 activities or development of a plan for work activity
21 assignment may include vocational assessment or work
22 evaluation. The department or a local WAGES coalition may
23 require an individual to cooperate in medical or vocational
24 assessment necessary to evaluate the individual's ability to
25 participate in a work activity.
26 (e) Noncompliance due to medical incapacity by
27 applicants for Supplemental Security Income (SSI).--An
28 individual subject to work activity requirements may be
29 exempted from those requirements if the individual provides
30 information verifying that he or she has filed an application
31 for SSI disability benefits and the decision is pending
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1 development and evaluation under social security disability
2 law, rules, and regulations at the initial reconsideration,
3 administrative law judge, or SSA Appeals Council levels.
4 (f)(e) Other good cause exceptions for
5 noncompliance.--Individuals who are temporarily unable to
6 participate due to circumstances beyond their control may be
7 excepted from the noncompliance penalties. The department
8 Department of Labor and Employment Security may define by rule
9 situations that would constitute good cause. These situations
10 must include caring for a disabled family member when the need
11 for the care has been verified and alternate care is not
12 available.
13 (9) PRIORITIZATION OF WORK REQUIREMENTS.--Local WAGES
14 coalitions The Department of Labor and Employment Security
15 shall require participation in work activities to the maximum
16 extent possible, subject to federal and state funding. If
17 funds are projected to be insufficient to allow full-time work
18 activities by all program participants who are required to
19 participate in work activities, local WAGES coalitions the
20 Department of Labor and Employment Security shall screen
21 participants and assign priority based on the following:
22 (a) In accordance with federal requirements, at least
23 one adult in each two-parent family shall be assigned priority
24 for full-time work activities.
25 (b) Among single-parent families, a family that has
26 older preschool children or school-age children shall be
27 assigned priority for work activities.
28 (c) A participant who has access to nonsubsidized
29 child care may be assigned priority for work activities.
30 (d) Priority may be assigned based on the amount of
31 time remaining until the participant reaches the applicable
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1 time limit for program participation or may be based on
2 requirements of a case plan.
3
4 Local WAGES coalitions The Department of Labor and Employment
5 Security may limit a participant's weekly work requirement to
6 the minimum required to meet federal work activity
7 requirements in lieu of the level defined in subsection (2).
8 The department and local WAGES Coalitions the Department of
9 Labor and Employment Security may develop screening and
10 prioritization procedures within service districts or within
11 counties based on the allocation of resources, the
12 availability of community resources, or the work activity
13 needs of the service district.
14 (10) USE OF CONTRACTS.--Local WAGES coalitions The
15 Department of Labor and Employment Security shall provide work
16 activities, training, and other services, as appropriate,
17 through contracts. In contracting for work activities,
18 training, or services, the following applies:
19 (a) All education and training provided under the
20 WAGES Program shall be provided through agreements with
21 regional workforce development boards.
22 (b) A contract must be performance-based. Wherever
23 possible, payment shall be tied to performance outcomes that
24 include factors such as, but not limited to, job entry, job
25 entry at a target wage, and job retention, rather than tied to
26 completion of training or education or any other phase of the
27 program participation process.
28 (c) A contract may include performance-based incentive
29 payments that may vary according to the extent to which the
30 participant is more difficult to place. Contract payments may
31 be weighted proportionally to reflect the extent to which the
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1 participant has limitations associated with the long-term
2 receipt of welfare and difficulty in sustaining employment.
3 The factors may include the extent of prior receipt of
4 welfare, lack of employment experience, lack of education, and
5 lack of job skills, and other factors determined appropriate
6 by the Department of Labor and Employment Security.
7 (d) Notwithstanding the exemption from the competitive
8 sealed bid requirements provided in s. 287.057(3)(f) for
9 certain contractual services, each contract awarded under this
10 chapter must be awarded on the basis of a competitive sealed
11 bid, except for a contract with a governmental entity as
12 determined by the department or the Department of Labor and
13 Employment Security.
14 (e) Local WAGES coalitions The department or the
15 Department of Labor and Employment Security may contract with
16 commercial, charitable, or religious organizations. A contract
17 must comply with federal requirements with respect to
18 nondiscrimination and other requirements that safeguard the
19 rights of participants. Services may be provided under
20 contract, certificate, voucher, or other form of disbursement.
21 (f) The administrative costs associated with a
22 contract for services provided under this section may not
23 exceed the applicable administrative cost ceiling established
24 in federal law. An agency or entity that is awarded a contract
25 under this section may not charge more than 7 percent of the
26 value of the contract for administration, unless an exception
27 is approved by the local WAGES coalition. A list of any
28 exceptions approved must be submitted to the WAGES Program
29 State Board of Directors for review, and the board may rescind
30 approval of the exception. The WAGES Program State Board of
31
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1 Directors may also approve exceptions for any statewide
2 contract for services provided under this section.
3 (g) Local WAGES coalitions The Department of Labor and
4 Employment Security may enter into contracts to provide
5 short-term work experience for the chronically unemployed as
6 provided in this section.
7 (h) A tax-exempt organization under s. 501(c) of the
8 Internal Revenue Code of 1986 which receives funds under this
9 chapter must disclose receipt of federal funds on any
10 advertising, promotional, or other material in accordance with
11 federal requirements.
12 (11) PROTECTIONS FOR PARTICIPANTS.--
13 (a) Each participant is subject to the same health,
14 safety, and nondiscrimination standards established under
15 federal, state, or local laws that otherwise apply to other
16 individuals engaged in similar activities who are not
17 participants in the WAGES Program.
18 (b) The Department of Labor and Employment Security
19 shall recommend to the Legislature by December 30, 1997,
20 policies to protect participants from discrimination,
21 unreasonable risk, and unreasonable expectations related to
22 work experience and community service requirements.
23 Section 11. Subsection (4) is added to section
24 414.085, Florida Statutes, to read:
25 414.085 Income eligibility standards.--For purposes of
26 program simplification and effective program management,
27 certain income definitions, as outlined in the food stamp
28 regulations at 7 C.F.R. s. 273.9, shall be applied to the
29 WAGES Program as determined by the department to be consistent
30 with federal law regarding temporary cash assistance and
31 Medicaid for needy families, except as to the following:
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1 (4) An incentive payment to a participant authorized
2 by a local WAGES coalition shall not be considered income for
3 the purpose of determining the cash assistance grant amount
4 for the assistance group.
5 Section 12. Paragraphs (b) and (c) of subsection (15)
6 of section 414.095, Florida Statutes, 1998 Supplement, are
7 amended to read:
8 414.095 Determining eligibility for the WAGES
9 Program.--
10 (15) PROHIBITIONS AND RESTRICTIONS.--
11 (b) Temporary cash assistance, without shelter
12 expense, may be available for a teen parent who is less than
13 19 years of age and for the child. Temporary cash assistance
14 may not be paid directly to the teen parent but must be paid,
15 on behalf of the teen parent and child, to an alternative
16 payee who is designated by the department. The alternative
17 payee may not use the temporary cash assistance for any
18 purpose other than paying for food, clothing, shelter, and
19 medical care for the teen parent and child and for other
20 necessities required to enable the teen parent to attend
21 school or a training program. In order for the child of the
22 teen parent and the teen parent to be eligible for temporary
23 cash assistance, the teen parent must:
24 1. Attend school or an approved alternative training
25 program, unless the child is less than 12 weeks of age or the
26 teen parent has completed high school; and
27 2. Reside with a parent, legal guardian, or other
28 adult caretaker relative. The income and resources of the
29 parent shall be included in calculating the temporary cash
30 assistance available to the teen parent since the parent is
31
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1 responsible for providing support and care for the child
2 living in the home.
3 3. Attend parenting and family classes that provide a
4 curriculum specified by the department, the Department of
5 Labor and Employment Security, or the Department of Health, as
6 available.
7 (c) The teen parent is not required to live with a
8 parent, legal guardian, or other adult caretaker relative if
9 the department determines that:
10 1. The teen parent has suffered or might suffer harm
11 in the home of the parent, legal guardian, or adult caretaker
12 relative.
13 2. The requirement is not in the best interest of the
14 teen parent or the child. If the department determines that it
15 is not in the best interest of the teen parent or child to
16 reside with a parent, legal guardian, or other adult caretaker
17 relative, the department shall provide or assist the teen
18 parent in finding a suitable home, a second-chance home, a
19 maternity home, or other appropriate adult-supervised
20 supportive living arrangement. Such living conditions may
21 include a shelter obligation in accordance with subsection
22 (11).
23
24 The department may not delay providing temporary cash
25 assistance to the teen parent through the alternative payee
26 designated by the department pending a determination as to
27 where the teen parent should live and sufficient time for the
28 move itself. A teen parent determined to need placement that
29 is unavailable shall continue to be eligible for temporary
30 cash assistance so long as the teen parent cooperates with the
31 department, the local WAGES coalition Department of Labor and
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1 Employment Security, and the Department of Health. The teen
2 parent shall be provided with counseling to make the
3 transition from independence to supervised living and with a
4 choice of living arrangements.
5 Section 13. Subsections (2) and (3) of section
6 414.105, Florida Statutes, 1998 Supplement, are amended to
7 read:
8 414.105 Time limitations of temporary cash
9 assistance.--Unless otherwise expressly provided in this
10 chapter, an applicant or current participant shall receive
11 temporary cash assistance for episodes of not more than 24
12 cumulative months in any consecutive 60-month period that
13 begins with the first month of participation and for not more
14 than a lifetime cumulative total of 48 months as an adult.
15 (2) A participant who is not exempt from work activity
16 requirements may earn 1 month of eligibility for extended
17 temporary cash assistance, up to maximum of 12 additional
18 months, for each month in which the participant is fully
19 complying with the work activities of the WAGES Program
20 through subsidized or unsubsidized public or private sector
21 employment. The period for which extended temporary cash
22 assistance is granted shall be based upon compliance with
23 WAGES Program requirements beginning October 1, 1996. A
24 participant may not receive temporary cash assistance under
25 this subsection, in combination with other periods of
26 temporary cash assistance for longer than a lifetime limit of
27 48 months. Hardship exemptions to the time limitations of this
28 chapter shall be limited to 10 percent of participants in the
29 first year of implementation of this chapter, 15 percent of
30 participants in the second year of implementation of this
31
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1 chapter, and 20 percent of participants in any given year all
2 subsequent years. Criteria for hardship 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
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1 shall be reduced by 10 percent. Upon the employment of the
2 participant, full benefits shall be restored.
3 (3) In addition to the exemptions listed in subsection
4 (2), a victim of domestic violence may be granted a hardship
5 exemption if the effects of such domestic violence delay or
6 otherwise interrupt or adversely affect the individual's
7 participation in the program. Hardship exemptions granted
8 under this subsection shall not be subject to the percentage
9 limitations in subsection (2) (3).
10 Section 14. Section 414.151, Florida Statutes, is
11 created to read:
12 414.151 Diversion program for victims of domestic
13 violence.--
14 (1) The diversion program for victims of domestic
15 violence is intended to provide services and one-time payments
16 to assist victims of domestic violence and their children in
17 making the transition to independence.
18 (2) Before finding an applicant family eligible for
19 the diversion program created under this section, a
20 determination must be made that:
21 (a) The applicant family includes a pregnant woman or
22 a parent with one or more minor children or a caretaker
23 relative with one or more minor children.
24 (b) The services or one-time payment provided are not
25 considered assistance under federal law or guidelines.
26 (3) Notwithstanding any provision to the contrary in
27 ss. 414.075, 414.085, and 414.095, a family meeting the
28 criteria of subsection (2) who is determined by the domestic
29 violence program to be in need of services or one-time payment
30 due to domestic violence shall be considered a needy family
31
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1 and shall be deemed eligible under this section for services
2 through a certified domestic violence shelter.
3 (4) One-time payments provided under this section
4 shall not exceed an amount recommended by the WAGES Program
5 State Board of Directors and adopted by the department in
6 rule.
7 (5) Receipt of services or a one-time payment under
8 this section shall not preclude eligibility for, or receipt
9 of, other assistance or services under this chapter.
10 Section 15. Section 414.1521, Florida Statutes, is
11 created to read:
12 414.1521 Diversion program to strengthen Florida's
13 families.--
14 (1) The diversion program to strengthen Florida's
15 families is intended to provide services and one-time payments
16 to assist families in avoiding welfare dependency and to
17 strengthen families so that children can be cared for in their
18 own homes or in the homes of relatives and so that families
19 can be self-sufficient.
20 (2) Before finding a family eligible for the diversion
21 program created under this section, a determination must be
22 made that the family:
23 (a) Includes a pregnant woman, a parent with one or
24 more minor children, or a caretaker relative with one or more
25 minor children.
26 (b) Meets the criteria of a voluntary assessment
27 performed by the Healthy Families Florida program; or
28 (c) Meets the criteria established by the department
29 for one or more children in the family to be at risk of abuse
30 or neglect or threatened with harm.
31
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1 The services or one-time payments provided under this program
2 are not assistance under federal law or guidelines.
3 (3) Notwithstanding any provision to the contrary in
4 s. 414.075, s. 414.085, or s. 414.095, a family that meets the
5 criteria of subsection (2) shall be considered a needy family
6 and shall be eligible for services or a one-time payment under
7 this section.
8 (4) The Healthy Families Florida program, or the
9 department, may establish additional criteria related to
10 services or one-time payments. The department may establish
11 maximum amounts of one-time payments by rule.
12 (5) Receipt of services or a one-time payment under
13 this section does not preclude eligibility for, or receipt of,
14 other assistance or services under this chapter.
15 Section 16. Section 414.159, Florida Statutes, is
16 created to read:
17 414.159 Teen parent and pregnancy prevention diversion
18 program; eligibility for services.--The Legislature recognizes
19 that teen pregnancy is a major cause of dependency on
20 government assistance which often extends through more than
21 one generation. The purpose of the teen parent and pregnancy
22 prevention diversion program is to provide services to reduce
23 and avoid welfare dependency by reducing teen pregnancy,
24 reducing the incidence of multiple pregnancies to teens, and
25 assisting teens in completing educational programs.
26 (1) Notwithstanding any provision to the contrary in
27 s. 414.075, s. 414.085, or s. 414.095, a teen who is
28 determined to be at risk of teen pregnancy or who already has
29 a child shall be eligible to receive services under this
30 program.
31
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1 (2) Services provided under this program are limited
2 to services that are not considered assistance under federal
3 law or guidelines.
4 (3) Receipt of services under this section does not
5 preclude eligibility for, or receipt of, other assistance or
6 services under this chapter.
7 Section 17. Section 414.1525, Florida Statutes, is
8 created to read:
9 414.1525 WAGES early-exit incentive.--
10 (1) An individual who meets the following criteria may
11 choose to receive a one-time lump-sum payment of $1,000 in
12 lieu of continued temporary cash-assistance payments:
13 (a) The individual is employed and is receiving
14 earnings such that the individual would be eligible for cash
15 assistance and the amount of cash assistance would be less
16 than $100 per month, given the WAGES earnings disregard.
17 (b) The individual has received cash assistance for at
18 least 3 consecutive months.
19 (c) The individual can reasonably expect to remain
20 employed for at least 6 months.
21 (d) The individual provides employment and earnings
22 information necessary for the department to evaluate the
23 family's eligibility for transitional benefits.
24 (e) The individual signs an agreement not to apply for
25 or accept temporary cash assistance for the assistance group
26 for 6 months after receipt of the one-time payment. The
27 agreement shall provide for an exception in the event of an
28 emergency. If the individual or assistance group receives
29 temporary cash assistance within 6 months, the amount of the
30 one-time payment shall be deducted from the amount of the cash
31 assistance provided to the assistance group. This deduction
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1 may be prorated over a 6-month period. The department shall
2 adopt rules defining the term "emergency" and prescribing the
3 circumstances under which exceptions may be granted.
4 (2) A lump-sum payment made under this section only
5 counts toward the time limitation for the month in which the
6 payment is made in lieu of cash assistance. A participant
7 choosing to accept such payment shall be terminated from cash
8 assistance; however, eligibility for Medicaid, food stamps, or
9 child care shall continue subject to the eligibility
10 requirements of those programs.
11 Section 18. Subsections (2), (4), and (5) of section
12 414.155, Florida Statutes, 1998 Supplement, are amended to
13 read:
14 414.155 Relocation assistance program.--
15 (2) The relocation assistance program shall involve
16 five steps by the Department of Children and Family Services
17 or a local WAGES coalition the Department of Labor and
18 Employment Security:
19 (a) A determination that the family is a WAGES Program
20 participant or that all requirements of eligibility for the
21 WAGES Program would likely be met.
22 (b) A determination that there is a basis for
23 believing that relocation will contribute to the ability of
24 the applicant to achieve self-sufficiency. For example, the
25 applicant:
26 1. Is unlikely to achieve independence at the current
27 community of residence;
28 2. Has secured a job that requires relocation to
29 another community;
30 3. Has a family support network in another community;
31 or
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1 4. Is determined, pursuant to criteria or procedures
2 established by the WAGES Program State Board of Directors, to
3 be a victim of domestic violence who would experience reduced
4 probability of further incidents through relocation.
5 (c) Establishment of a relocation plan., including a
6 budget and such requirements as are necessary to prevent abuse
7 of the benefit and to provide an assurance that the applicant
8 will relocate. The plan may require that expenditures be made
9 on behalf of the recipient. However, The plan must include
10 provisions to protect the safety of victims of domestic
11 violence and avoid provisions that place them in anticipated
12 danger. The payment to defray relocation expenses shall be
13 limited to an amount not to exceed 4 months' temporary cash
14 assistance, based on family size. To simplify administration
15 of the program, the department may establish standard payment
16 amounts for relocation assistance based on maximum cash
17 assistance grant levels and family size.
18 (d) A determination, pursuant to criteria adopted by
19 the WAGES Program State Board of Directors, that a Florida
20 community receiving a relocated family has the capacity to
21 provide needed services and employment opportunities.
22 (e) Monitoring the relocation.
23 (4) The department Department of Labor and Employment
24 Security shall have authority to adopt rules pursuant to the
25 Administrative Procedure Act to determine that a community has
26 the capacity to provide services and employment opportunities
27 for a relocated family.
28 (5) The department Department of Children and Family
29 Services shall have authority to adopt rules pursuant to the
30 Administrative Procedure Act to develop and implement
31 relocation plans and to draft an agreement restricting a
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1 family from applying for temporary cash assistance within 6
2 months after receiving a relocation assistance payment.
3 Section 19. Section 414.20, Florida Statutes, 1998
4 Supplement, is amended to read:
5 414.20 Other support services.--Support services shall
6 be provided, if resources permit, to assist participants in
7 complying with work activity requirements outlined in s.
8 414.065. If resources do not permit the provision of needed
9 support services, the department and the local WAGES coalition
10 Department of Labor and Employment Security may prioritize or
11 otherwise limit provision of support services. This section
12 does not constitute an entitlement to support services. Lack
13 of provision of support services may be considered as a factor
14 in determining whether good cause exists for failing to comply
15 with work activity requirements but does not automatically
16 constitute good cause for failing to comply with work activity
17 requirements, and does not affect any applicable time limit on
18 the receipt of temporary cash assistance or the provision of
19 services under this chapter. Support services shall include,
20 but need not be limited to:
21 (1) TRANSPORTATION.--Transportation expenses may be
22 provided to any participant when the assistance is needed to
23 comply with work activity requirements or employment
24 requirements, including transportation to and from a child
25 care provider. Payment may be made in cash or tokens in
26 advance or through reimbursement paid against receipts or
27 invoices. Transportation services may include, but are not
28 limited to, cooperative arrangements with the following:
29 public transit providers; community transportation
30 coordinators designated under chapter 427; school districts;
31 churches and community centers; donated motor vehicle
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1 programs, van pools, and ridesharing programs; small
2 enterprise developments and entrepreneurial programs that
3 encourage WAGES participants to become transportation
4 providers; public and private transportation partnerships; and
5 other innovative strategies to expand transportation options
6 available to program participants.
7 (a) Local WAGES coalitions are authorized to provide
8 payment for vehicle operational and repair expenses, including
9 repair expenditures necessary to make a vehicle functional;
10 vehicle registration fees; driver's license fees; and
11 liability insurance for the vehicle for a period of up to 6
12 months. Request for vehicle repairs must be accompanied by an
13 estimate of the cost prepared by a repair facility registered
14 under s. 559.904.
15 (b) Transportation disadvantaged funds as defined in
16 chapter 427 do not include WAGES support services funds or
17 funds appropriated to assist persons eligible under the Job
18 Training Partnership Act. It is the intent of the Legislature
19 that local WAGES coalitions and regional workforce development
20 boards consult with local community transportation
21 coordinators designated under chapter 427 regarding the
22 availability and cost of transportation services through the
23 coordinated transportation system prior to contracting for
24 comparable transportation services outside the coordinated
25 system.
26 (2) ANCILLARY EXPENSES.--Ancillary expenses such as
27 books, tools, clothing, fees, and costs necessary to comply
28 with work activity requirements or employment requirements may
29 be provided.
30
31
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1 (3) MEDICAL SERVICES.--A family that meets the
2 eligibility requirements for Medicaid shall receive medical
3 services under the Medicaid program.
4 (4) PERSONAL AND FAMILY COUNSELING AND
5 THERAPY.--Counseling may be provided to participants who have
6 a personal or family problem or problems caused by substance
7 abuse that is a barrier to compliance with work activity
8 requirements or employment requirements. In providing these
9 services, the department and local WAGES coalitions the
10 Department of Labor and Employment Security shall use services
11 that are available in the community at no additional cost. If
12 these services are not available, the department and local
13 WAGES coalitions the Department of Labor and Employment
14 Security may use support services funds. Personal or family
15 counseling not available through Medicaid may not be
16 considered a medical service for purposes of the required
17 statewide implementation plan or use of federal funds.
18 (5) DEPENDENT CARE.--In addition to child care
19 services provided under s. 402.3015, dependent care may be
20 provided for children age 13 years and older who are in need
21 of care due to disability and where such care is needed for
22 the parent to accept or continue employment or otherwise
23 participate in work activities. The amount of subsidy shall be
24 consistent with the rates for special needs child care
25 established by the department. Dependent care needed for
26 employment may be provided for up to 2 years after eligibility
27 for the WAGES program ends.
28 Section 20. Section 414.201, Florida Statutes, is
29 created to read:
30 414.201 Program for dependent care for families with
31 children with special needs.--
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1 (1) There is created the program for dependent care
2 for families with children with special needs. This program is
3 intended to provide assistance to families with children who
4 meet the following requirements:
5 (a) The child is 13 years of age through 17 years of
6 age;
7 (b) The child is a child with special needs, as
8 defined by the subsidized child care program authorized under
9 s. 402.3015; and
10 (c) The family meets the income guidelines established
11 under s. 402.3015.
12
13 Financial eligibility for this program shall be based solely
14 on the guidelines used for subsidized child care,
15 notwithstanding any financial eligibility criteria in s.
16 414.075, s. 414.085, or s. 414.095, to the contrary.
17 (2) Implementation of this program is subject to an
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 upon receipt of such assistance and must sign a
24 written statement acknowledging and agreeing to comply with
25 all federal requirements.
26 (4) Notwithstanding any provision of s. 414.105 to the
27 contrary, the time limitation on receipt of such assistance
28 shall be the limit established in subsection (a)(7) of section
29 408 of the Social Security Act, as amended.
30 Section 21. Section 414.22, Florida Statutes, is
31 amended to read:
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1 414.22 Transitional education and training.--In order
2 to assist current and former participants who are employed in
3 continuing their training and upgrading their skills,
4 education, or training, support services may be provided to a
5 participant for up to 2 years after the participant is no
6 longer eligible to participate in the program. This section
7 does not constitute an entitlement to transitional education
8 and training. If funds are not sufficient to provide services
9 under this section, the WAGES Program State Board of Directors
10 Department of Labor and Employment Security may limit or
11 otherwise prioritize transitional education and training.
12 (1) Education or training resources available in the
13 community at no additional cost to the WAGES Program
14 Department of Labor and Employment Security shall be used
15 whenever possible.
16 (2) Local WAGES coalitions the Department of Labor and
17 Employment Security may authorize child care or other support
18 services in addition to services provided in conjunction with
19 employment. For example, a participant who is employed full
20 time may receive subsidized child care related to that
21 employment and may also receive additional subsidized child
22 care in conjunction with training to upgrade the participant's
23 skills.
24 (3) Transitional education or training must be
25 job-related, but may include training to improve job skills in
26 a participant's existing area of employment or may include
27 training to prepare a participant for employment in another
28 occupation.
29 (4) A local WAGES coalition The Department of Labor
30 and Employment Security may enter into an agreement with an
31 employer to share the costs relating to upgrading the skills
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1 of participants hired by the employer. For example, local
2 WAGES coalitions the department may agree to provide support
3 services such as transportation or a wage subsidy in
4 conjunction with training opportunities provided by the
5 employer.
6 Section 22. Section 414.223, Florida Statutes, is
7 created to read:
8 414.223 Retention Incentive Training Accounts.--To
9 promote job retention and to enable upward job advancement
10 into higher skilled, higher paying employment, the WAGES
11 Program State Board of Directors, Workforce Development Board,
12 regional workforce development boards, and local WAGES
13 coalitions may jointly assemble, from post-secondary education
14 institutions, a list of courses for WAGES participants who
15 have become employed which promote job retention and
16 advancement.
17 (1) The WAGES Program State Board of Directors and the
18 Workforce Development Board may jointly establish Retention
19 Incentive Training Accounts (RITAs). RITAs shall utilize TANF
20 funds specifically appropriated for this purpose. RITAs must
21 be compatible with the Individual Training Account required by
22 the federal Workforce Investment Act of 1998, Pub. L. No.
23 105-220.
24 (2) RITAs may pay for tuition, fees, educational
25 materials, coaching and mentoring, performance incentives,
26 transportation to and from courses, childcare costs during
27 education courses, and other such costs as the regional
28 workforce development boards determine are necessary to effect
29 successful job retention and advancement.
30
31
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1 (3) Regional workforce development boards shall retain
2 only those courses that continue to meet their performance
3 standards as established in their local plan.
4 (4) Regional workforce development boards shall report
5 annually to the Legislature on the measurable retention and
6 advancement success of each program provider and the
7 effectiveness of RITAs, making recommendations for any needed
8 changes or modifications.
9 (5) Funds associated with future Welfare-to-Work
10 grants from the U.S. Department of Labor are to be reserved
11 for RITAs if the participating educational institutions
12 provide the required state match for that federal grant
13 program.
14 Section 23. Section 414.225, Florida Statutes, 1998
15 Supplement, is amended to read:
16 414.225 Transitional transportation.--In order to
17 assist former WAGES participants in maintaining and sustaining
18 employment, transportation may be provided, if funds are
19 available, for up to 1 year after the participant is no longer
20 eligible to participate in the program due to earnings. This
21 does not constitute an entitlement to transitional
22 transportation. If funds are not sufficient to provide
23 services under this section, the department may limit or
24 otherwise prioritize transportation services.
25 (1) Transitional transportation must be job related.
26 (2) Transitional transportation may include expenses
27 identified in s. 414.20, paid directly or by voucher, as well
28 as a vehicle valued at not more than $8,500 if the vehicle is
29 needed for training, employment, or educational purposes.
30 Section 24. Section 414.23, Florida Statutes, is
31 amended to read:
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1 414.23 Evaluation.--The department and the WAGES
2 Program State Board of Directors Department of Labor and
3 Employment Security shall arrange for evaluation of programs
4 operated under this chapter, as follows:
5 (1) If required by federal waivers or other federal
6 requirements, the department and the WAGES Program State Board
7 of Directors Department of Labor and Employment Security may
8 provide for evaluation according to these requirements.
9 (2) The department and the WAGES Program State Board
10 of Directors Department of Labor and Employment Security shall
11 participate in the evaluation of this program in conjunction
12 with evaluation of the state's workforce development programs
13 or similar activities aimed at evaluating program outcomes,
14 cost-effectiveness, or return on investment, and the impact of
15 time limits, sanctions, and other welfare reform measures set
16 out in this chapter. Evaluation shall also contain information
17 on the number of participants in work experience assignments
18 who obtain unsubsidized employment, including, but not limited
19 to, the length of time the unsubsidized job is retained,
20 wages, and the public benefits, if any, received by such
21 families while in unsubsidized employment. The evaluation
22 shall solicit the input of consumers, community-based
23 organizations, service providers, employers, and the general
24 public, and shall publicize, especially in low-income
25 communities, the process for submitting comments.
26 (3) The department and the WAGES Program State Board
27 of Directors Department of Labor and Employment Security may
28 share information with and develop protocols for information
29 exchange with the Florida Education and Training Placement
30 Information Program.
31
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1 (4) The department and the WAGES Program State Board
2 of Directors Department of Labor and Employment Security may
3 initiate or participate in additional evaluation or assessment
4 activities that will further the systematic study of issues
5 related to program goals and outcomes.
6 (5) In providing for evaluation activities, the
7 department and the WAGES Program State Board of Directors
8 Department of Labor and Employment Security shall safeguard
9 the use or disclosure of information obtained from program
10 participants consistent with federal or state requirements.
11 The department and the WAGES Program State Board of Directors
12 Department of Labor and Employment Security may use evaluation
13 methodologies that are appropriate for evaluation of program
14 activities, including random assignment of recipients or
15 participants into program groups or control groups. To the
16 extent necessary or appropriate, evaluation data shall provide
17 information with respect to the state, district, or county, or
18 other substate area.
19 (6) The department and the WAGES Program State Board
20 of Directors Department of Labor and Employment Security may
21 contract with a qualified organization for evaluations
22 conducted under this section.
23 (7) Evaluations described in this section are exempt
24 from the provisions of s. 381.85.
25 Section 25. Section 414.37, Florida Statutes, is
26 amended to read:
27 414.37 Public assistance overpayment recovery
28 privatization; reemployment of laid-off career service
29 employees.--Should career service employees of the Department
30 of Children and Family Services be subject to layoff after
31 July 1, 1995, due to the privatization of public assistance
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1 overpayment recovery functions, the privatization contract
2 shall require the contracting firm to give priority
3 consideration to employment of such employees. In addition, a
4 task force composed of representatives from the Department of
5 Children and Family Services, the Department of Labor and
6 Employment Security, and the Department of Management Services
7 shall be established to provide reemployment assistance to
8 such employees.
9 Section 26. Section 414.44, Florida Statutes, is
10 amended to read:
11 414.44 Data collection and reporting.--The department
12 and the WAGES Program State Board of Directors Department of
13 Labor and Employment Security shall collect data necessary to
14 administer this chapter and make the reports required under
15 federal law to the United States Department of Health and
16 Human Services and the United States Department of
17 Agriculture.
18 Section 27. Section 414.45, Florida Statutes, 1998
19 Supplement, is amended to read:
20 414.45 Rulemaking.--The department has authority to
21 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
22 and enforce the provisions of this chapter. The Department of
23 Labor and Employment Security may adopt rules pursuant to ss.
24 120.536(1) and 120.54, to implement and enforce the provisions
25 of this chapter. The rules must provide protection against
26 discrimination and the opportunity for a participant to
27 request a review by a supervisor or administrator of any
28 decision made by a panel or board of the department, the
29 Department of Labor and Employment Security, or the WAGES
30 Program.
31
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1 Section 28. Subsections (1), (2), and (3) of section
2 414.70, Florida Statutes, 1998 Supplement, are amended to
3 read:
4 414.70 Drug-testing and drug-screening program;
5 procedures.--
6 (1) DEMONSTRATION PROJECT.--The Department of Children
7 and Family Services, in consultation with local WAGES
8 coalitions 3 and 8, shall develop and, as soon as possible
9 after January 1, 1999, implement a demonstration project in
10 WAGES regions 3 and 8 to screen each applicant and test
11 applicants for temporary cash assistance provided under this
12 chapter, who the department has reasonable cause to believe,
13 based on the screening, engage in illegal use of controlled
14 substances. Unless reauthorized by the Legislature, this
15 demonstration project expires June 30, 2001. As used in this
16 act, the term "applicant" means an individual who first
17 applies for assistance or services under the WAGES Program.
18 Screening and testing for the illegal use of controlled
19 substances is not required if the individual reapplies during
20 any continuous period in which the individual receives
21 assistance or services. However, an individual may volunteer
22 for drug testing and treatment if funding is available.
23 (a) Applicants subject to the requirements of this
24 section include any parent or caretaker relative who is
25 included in the cash assistance group, including individuals
26 who may be exempt from work activity requirements due to the
27 age of the youngest child or who may be exempt from the work
28 activity requirement pursuant to s. 414.065(7).
29 (b) Applicants not subject to the requirements of this
30 section include:
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1 1. Applicants for food stamps or Medicaid who are not
2 applying for cash assistance;
3 2. Applicants who, if eligible, would be exempt from
4 the time limitation and work activity requirement due to
5 receipt of Social Security Disability; and
6 3. Applicants who, if eligible, would be excluded from
7 the assistance group due to receipt of Supplemental Security
8 Income (SSI).
9 (2) PROCEDURES.--Under the demonstration project, the
10 Department of Children and Family Services shall:
11 (a) Provide notice of drug screening and the potential
12 for possible drug testing to each applicant at the time of
13 application. The notice must advise the applicant that drug
14 screening and possibly drug testing will be conducted as a
15 condition for receiving temporary assistance or services under
16 this chapter, and shall specify the assistance or services
17 that are subject to this requirement. The notice must also
18 advise the applicant that a prospective employer may require
19 the applicant to submit to a preemployment drug test. The
20 applicant shall be advised that the required drug screening
21 and possible drug testing may be avoided if the applicant does
22 not apply for or receive assistance or services. The
23 drug-screening and drug-testing program is not applicable in
24 child-only cases.
25 (b) Develop a procedure for drug screening and
26 conducting drug testing of applicants for temporary assistance
27 or services under the WAGES Program. For two-parent families,
28 both parents must comply with the drug screening and testing
29 requirements of this section.
30 (c) Provide a procedure to advise each person to be
31 tested, before the test is conducted, that he or she may, but
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1 is not required to, advise the agent administering the test of
2 any prescription or over-the-counter medication he or she is
3 taking.
4 (d) Require each person to be tested to sign a written
5 acknowledgment that he or she has received and understood the
6 notice and advice provided under paragraphs (a) and (c).
7 (e) Provide a procedure to assure each person being
8 tested a reasonable degree of dignity while producing and
9 submitting a sample for drug testing, consistent with the
10 state's need to ensure the reliability of the sample.
11 (f) Specify circumstances under which a person who
12 fails a drug test has the right to take one or more additional
13 tests.
14 (g) Provide a procedure for appealing the results of a
15 drug test by a person who fails a test and for advising the
16 appellant that he or she may, but is not required to, advise
17 appropriate staff of any prescription or over-the-counter
18 medication he or she has been taking.
19 (h) Notify each person who fails a drug test of the
20 local substance abuse treatment programs that may be available
21 to such person.
22 (3) CHILDREN.--
23 (a) If a parent is deemed ineligible for cash
24 assistance due to refusal or failure to comply with provisions
25 of this section the failure of a drug test under this act, his
26 or her dependent child's eligibility for cash assistance is
27 not affected. A parent who is ineligible for cash assistance
28 due to refusal or failure to comply with provisions of this
29 section shall be subject to the work activity requirements of
30 s. 414.065, and shall be subject to penalties under s.
31 414.065(4), upon failure to comply with these requirements.
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1 (b) If a parent is deemed ineligible for cash
2 assistance due to the failure of a drug test, an appropriate
3 protective payee will be established for the benefit of the
4 child.
5 (c) If the parent refuses to cooperate in establishing
6 an appropriate protective payee for the child, the Department
7 of Children and Family Services will appoint one.
8 Section 29. Section (10) is added to section 288.063,
9 Florida Statutes, 1998 Supplement, to read:
10 288.063 Contracts for transportation projects.--
11 (10) The Office of Tourism, Trade, and Economic
12 Development is authorized to make, and based on
13 recommendations from Enterprise Florida, Inc., to approve,
14 expenditures and enter into contracts with the appropriate
15 governmental body for direct costs of transportation projects
16 for new and expanding businesses which employ WAGES
17 participants. The Office of Tourism, Trade, and Economic
18 Development shall develop by July 30, 1999, an expedited
19 process for the award of these projects. Approved projects
20 must utilize such funds as the Legislature specifically
21 appropriates for transportation projects related to WAGES
22 employment. Transportation projects shall involve magnet
23 employers who individually or collectively will employ 3,000
24 individuals, or 300 employees in rural counties. Funds
25 provided under this subsection for a single transportation
26 infrastructure project shall not exceed $5,000 for each new
27 WAGES job created within 12 months of completion of such
28 project, and $2,500 for each new WAGES job created within the
29 following 2 years.
30 Section 30. Paragraph (m) is added to subsection (2)
31 of section 250.10, Florida Statutes, 1998 Supplement, to read:
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1 250.10 Appointment and duties of the Adjutant
2 General.--
3 (2) The Adjutant General of the state shall be the
4 Chief of the Department of Military Affairs. He or she shall:
5 (m) Subject to annual appropriations, administer youth
6 About Face programs and adult Forward March programs at sites
7 to be selected by the Adjutant General.
8 1. About Face shall establish a summer and a
9 year-round afterschool life-preparation program for
10 economically disadvantaged and at-risk youths from 13 through
11 17 years of age. Both programs must provide schoolwork
12 assistance, focusing on the skills needed to pass the high
13 school competency test, and also focus on functional life
14 skills, including teaching students to work effectively in
15 groups; providing basic instruction in computer skills;
16 teaching basic problem solving, decisionmaking, and reasoning
17 skills; teaching how the business world and free enterprise
18 work through computer simulations; and teaching home finance
19 and budgeting and other daily living skills. In the
20 afterschool program, students must train in academic study
21 skills, and the basic skills that businesses require for
22 employment consideration.
23 2. The Adjutant General shall provide job-readiness
24 services in the Forward March program for WAGES program
25 participants who are directed to Forward March by local WAGES
26 coalitions. The Forward March program shall provide training
27 on topics that directly relate to the skills required for
28 real-world success. The program shall emphasize functional
29 life skills, computer literacy, interpersonal relationships,
30 critical-thinking skills, business skills, preemployment and
31 work maturity skills, job-search skills, exploring careers
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1 activities, how to be a successful and effective employee, and
2 some job-specific skills. The program also shall provide
3 extensive opportunities for participants to practice generic
4 job skills in a supervised work setting. Upon completion of
5 the program, Forward March shall return participants to the
6 local WAGES coalition for placement in a job-placement pool.
7 Section 31. For Fiscal Year 1999-2000, $25 million
8 designated for WAGES under Temporary Assistance for Needy
9 Families funding is appropriated for Retention Incentive
10 Training Accounts authorized under this act. No more than 5
11 percent of such funds may be expended for administrative and
12 marketing costs related to Retention Incentive Training
13 Accounts.
14 Section 32. For Fiscal Year 1999-2000, $25 million
15 designated for WAGES under Temporary Assistance for Needy
16 Families funding is appropriated to the Office of Tourism,
17 Trade, and Economic Development for WAGES Program Employment
18 Projects under section 414.030, Florida Statutes. No more than
19 5 percent of such funds may be expended for administrative and
20 marketing costs related to WAGES Program Employment Projects.
21 Section 33. Subsection (2) of section 414.085, Florida
22 Statutes, is amended to read:
23 414.085 Income eligibility standards.--For purposes of
24 program simplification and effective program management,
25 certain income definitions, as outlined in the food stamp
26 regulations at 7 C.F.R. s. 273.9, shall be applied to the
27 WAGES Program as determined by the department to be consistent
28 with federal law regarding temporary cash assistance and
29 Medicaid for needy families, except as to the following:
30 (2) Income security payments, including payments
31 funded under part B of Title IV of the Social Security Act, as
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1 amended; supplemental security income under Title XVI of the
2 Social Security Act, as amended; or other income security
3 payments as defined by federal law shall be excluded included
4 as income unless to the extent required to be included or
5 permitted by federal law.
6 Section 34. Section 414.25, Florida Statutes, as
7 amended by section 15 of chapter 98-57, Laws of Florida, and
8 sections 414.43 and 414.55, Florida Statutes, are repealed.
9 Section 35. If the Governor elects to exercise the
10 emergency powers provided in section 414.030, Florida
11 Statutes, the process established in section 216.181, Florida
12 Statutes, must be followed.
13 Section 36. Unless otherwise specified in this act,
14 this act shall take effect July 1, 1999.
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