House Bill 0207e1

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                                        CS/HB 207, First Engrossed



  1                      A bill to be entitled

  2         An act relating to individual development

  3         accounts; providing purposes; providing

  4         definitions; requiring the Department of

  5         Children and Family Services to amend the

  6         Temporary Assistance for Needy Families State

  7         Plan to provide for use of funds for individual

  8         development accounts; specifying criteria and

  9         requirements for contributions to such

10         accounts; specifying purposes for use of such

11         accounts; directing the WAGES Program State

12         Board to establish procedures for local WAGES

13         coalitions to apply to offer individual

14         development accounts; providing for procedures

15         for withdrawals from such accounts; specifying

16         certain organizations to act as fiduciary

17         organizations for certain purposes; providing

18         for penalties for withdrawal of moneys for

19         certain purposes; providing for resolution of

20         certain disputes; providing for transfer of

21         ownership of such accounts under certain

22         circumstances; providing for establishment of

23         such accounts by certain financial institutions

24         under certain circumstances; providing

25         requirements; providing that account funds and

26         matching funds do not affect certain program

27         eligibility; providing for local WAGES

28         coalition comment concerning the procedures

29         developed by the WAGES State Board and for

30         inclusion of the procedures in the annual plan;

31         providing an effective date.


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                                        CS/HB 207, First Engrossed



  1  Be It Enacted by the Legislature of the State of Florida:

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  3         Section 1.  (1)  The purpose of this act is to provide

  4  for the establishment of individual development accounts

  5  designed to provide families with limited means an opportunity

  6  to accumulate assets, to facilitate and mobilize savings, to

  7  promote education, homeownership, and microenterprise

  8  development, and to stabilize families and build communities.

  9  This section implements the provisions of s. 404(h) of the

10  Social Security Act, as amended, 42 U.S.C. s. 604(h), related

11  to individual development accounts.  Nothing in this section

12  is intended to conflict with the provisions of federal law.

13         (2)  As used in this section:

14         (a)  "Individual development account" means an account

15  exclusively for the purpose of paying the qualified expenses

16  of an eligible individual or family.  The account is a trust

17  created or organized in this state and funded through periodic

18  contributions by the establishing individual and matched by or

19  through a qualified entity for a qualified purpose.

20         (b)  "Qualified entity" means:

21         1.  A not-for-profit organization described in s.

22  501(c)(3) of the Internal Revenue Code of 1986, as amended,

23  and exempt from taxation under s. 501(a) of such code; or

24         2.  A state or local government agency acting in

25  cooperation with an organization described in subparagraph 1.

26  For purposes of this section, a local WAGES coalition shall be

27  considered a government agency.

28         (c)  "Financial institution" means a financial

29  institution as defined in s. 655.005.

30         (d)  "Eligible educational institution" means:

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                                        CS/HB 207, First Engrossed



  1         1.  An institution described in s. 481(a)(1) or s.

  2  1201(a) of the Higher Education Act of 1965, 20 U.S.C. s.

  3  1088(a)(1) or s. 1141(a), as such sections are in effect on

  4  the date of the enactment of the Personal Responsibility and

  5  Work Opportunity Reconciliation Act of 1996, Pub. L. No.

  6  104-193.

  7         2.  An area vocational education school, as defined in

  8  s. 521(4)(C) or (D) of the Carl D. Perkins Vocational and

  9  Applied Technology Education Act, 20 U.S.C. s. 2471(4), in

10  this state, as such sections are in effect on the date of the

11  enactment of the Personal Responsibility and Work Opportunity

12  Reconciliation Act of 1996, Pub. L. No. 104-193.

13         (e)  "Postsecondary educational expenses" means:

14         1.  Tuition and fees required for the enrollment or

15  attendance of a student at an eligible educational

16  institution.

17         2.  Fees, books, supplies, and equipment required for

18  courses of instruction at an eligible educational institution.

19         (f)  "Qualified acquisition costs" means the costs of

20  acquiring, constructing, or reconstructing a residence. The

21  term includes any usual or reasonable settlement, financing,

22  or other closing costs.

23         (g)  "Qualified business" means any business that does

24  not contravene any law or public policy.

25         (h)  "Qualified business capitalization expenses" means

26  qualified expenditures for the capitalization of a qualified

27  business pursuant to a qualified plan.

28         (i)  "Qualified expenditures" means expenditures

29  included in a qualified plan, including capital, plant,

30  equipment, working capital, and inventory expenses.

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                                        CS/HB 207, First Engrossed



  1         (j)1.  "Qualified first-time homebuyer" means a

  2  taxpayer and, if married, the taxpayer's spouse, who has no

  3  present ownership interest in a principal residence during the

  4  3-year period ending on the date of acquisition of the

  5  principal residence.

  6         2.  "Date of acquisition" means the date on which a

  7  binding contract to acquire, construct, or reconstruct the

  8  principal residence is entered into.

  9         (k)  "Qualified plan" means a business plan or a plan

10  to use a business asset purchased, which:

11         1.  Is approved by a financial institution, a

12  microenterprise development organization, or a nonprofit loan

13  fund having demonstrated fiduciary integrity.

14         2.  Includes a description of services or goods to be

15  sold, a marketing plan, and projected financial statements.

16         3.  May require the eligible individual to obtain the

17  assistance of an experienced entrepreneurial advisor.

18         (l)  "Qualified principal residence" means a principal

19  residence, within the meaning of s. 1034 of the Internal

20  Revenue Code of 1986, as amended, the qualified acquisition

21  costs of which do not exceed 100 percent of the average area

22  purchase price applicable to such residence, determined in

23  accordance with s. 143(e)(2) and (3) of such code.

24         (3)  The Department of Children and Family Services

25  shall amend the Temporary Assistance for Needy Families State

26  Plan which was submitted in accordance with s. 402 of the

27  Social Security Act, as amended, 42 U.S.C. s. 602, to provide

28  for the use of funds for individual development accounts in

29  accordance with the provisions of this section.

30         (4)(a)  Any family subject to time limits and fully

31  complying with work requirements of the WAGES Program that


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                                        CS/HB 207, First Engrossed



  1  enters into an agreement with an approved fiduciary

  2  organization is eligible for participation in an individual

  3  development account.

  4         (b)  Contributions to the individual development

  5  account by an individual may be derived only from earned

  6  income, as defined in s. 911(d)(2) of the Internal Revenue

  7  Code of 1986, as amended.

  8         (c)  The individual or family shall enter into an

  9  individual development account agreement with a certified

10  fiduciary organization as described in subsection (7). This

11  account agreement shall include, but not be limited to, the

12  matching funds to be contributed to the account, limits on the

13  deposits for which the match will be provided, required

14  documentation necessary for payment of moneys in the account

15  to be made for a qualified purpose, and penalties for

16  withdrawal of funds not used for one or more of the qualified

17  purposes.

18         (d)  Eligible participants may receive matching funds

19  for contributions to the individual development account,

20  pursuant to the WAGES State Plan and the plan of the local

21  WAGES coalition. When not restricted to the contrary, matching

22  funds may be paid from state and federal funds under the

23  control of the local WAGES coalition, from local agencies, or

24  from private donations.

25         (e)  Eligible participants may receive bonus payments

26  for program compliance, to the extent provided in the WAGES

27  State Plan and the plan of the local WAGES coalition.  Such

28  bonus payments may provide for a matching proportion higher

29  than matching funds described in paragraph (d).

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                                        CS/HB 207, First Engrossed



  1         (5)  Individual development accounts may be available

  2  for any of the following qualified purposes once the family no

  3  longer receives cash assistance:

  4         (a)  Postsecondary educational expenses paid from an

  5  individual development account directly to an eligible

  6  educational institution;

  7         (b)  Qualified acquisition costs with respect to a

  8  qualified principal residence for a qualified first-time

  9  homebuyer, if paid from an individual development account

10  directly to the persons to whom the amounts are due; or

11         (c)  Amounts paid from an individual development

12  account directly to a business capitalization account which is

13  established in a federally insured financial institution and

14  is restricted to use solely for qualified business

15  capitalization.

16         (6)  The WAGES Program State Board of Directors shall

17  establish procedures for local WAGES coalitions to include in

18  their annual program and financial plan for the WAGES program

19  an application to offer an individual development account

20  program as part of their WAGES program allocation. These

21  procedures shall include, but not be limited to,

22  administrative costs permitted for the fiduciary organization

23  and policies relating to identifying the match ratio and

24  limits on the deposits for which the match will be provided in

25  the application process. The WAGES Program State Board of

26  Directors also shall establish procedures to ensure that funds

27  held in an individual development account are not withdrawn

28  except for one or more of the qualified purposes described in

29  this section.

30         (7)  Fiduciary organizations shall be the local WAGES

31  coalition or other community-based organizations designated by


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                                        CS/HB 207, First Engrossed



  1  the local WAGES coalition to serve as an intermediary between

  2  individual account holders and financial institutions holding

  3  accounts. Responsibilities of such fiduciary organizations may

  4  include marketing participation, soliciting matching

  5  contributions, counseling program participants, and conducting

  6  verification and compliance activities.

  7         (8)  The WAGES Program State Board of Directors shall

  8  establish penalties and procedures for enforcing compliance

  9  with such penalties for the withdrawal of moneys from

10  individual development accounts under false pretenses or for

11  the use of such moneys for other than approved purposes. The

12  penalties established shall include, but not be limited to,

13  the repayment of moneys withdrawn that were not used for one

14  or more of the qualified purposes.  The WAGES Program State

15  Board of Directors may, at its discretion, specify conditions

16  under which an account shall be closed.

17         (9)  The fiduciary organization shall establish a

18  grievance committee and a procedure to hear, review, and

19  decide in writing any grievance made by a holder of an

20  individual development account who disputes a decision of the

21  operating organization that a withdrawal is subject to

22  penalty.

23         (10)  In the event of an account holder's death, the

24  account may be transferred to the ownership of a contingent

25  beneficiary. An account holder shall name contingent

26  beneficiaries at the time the account is established and may

27  change such beneficiaries at any time.

28         (11)  Financial institutions approved by the WAGES

29  Program State Board of Directors shall be permitted to

30  establish individual development accounts pursuant to this

31  section. The financial institution shall certify to the local


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                                        CS/HB 207, First Engrossed



  1  WAGES coalition on forms prescribed by the WAGES Program State

  2  Board of Directors and accompanied by any documentation

  3  required by the WAGES Program State Board of Directors that

  4  such accounts have been established pursuant to all provisions

  5  of this act and that deposits have been made on behalf of the

  6  account holder. A financial institution establishing an

  7  individual development account shall:

  8         (a)  Keep the account in the name of the account

  9  holder.

10         (b)  Subject to the indicated conditions, permit

11  deposits to be made into the account:

12         1.  By the account holder; or

13         2.  By means of contributions made on behalf of the

14  account holder. Such deposits may include moneys to match the

15  account holder's deposits.

16         (c)  Require the account to earn the market rate of

17  interest.

18         (d)  Permit the account holder to withdraw moneys from

19  the account for any of the permissible uses pursuant to

20  procedures adopted by the WAGES Program State Board of

21  Directors.

22         (12)  In accordance with s. 404(h)(4) of the Social

23  Security Act, as amended, 42 U.S.C. s. 604(h)(4), and

24  notwithstanding any other provision of law, other than the

25  Internal Revenue Code of 1986, as amended, funds in an

26  individual development account, including interest accruing in

27  such account, shall be disregarded in determining eligibility

28  for any federal or state program. Matching contributions paid

29  directly into such account and contributions by an individual

30  from earnings shall similarly be disregarded in determining

31  eligibility for any state or federal program.


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                                        CS/HB 207, First Engrossed



  1         (13)  All procedures identified in this section to be

  2  established by the WAGES Program State Board of Directors

  3  shall be developed in a manner that allows for local WAGES

  4  coalition comment and review and shall be included in the

  5  annual statewide program plan, pursuant to s. 414.027.

  6         Section 2.  This act shall take effect October 1, 2000.

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