House Bill 2201

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    Florida House of Representatives - 2000                HB 2201

        By the Committee on Children & Families and Representative
    Murman





  1                      A bill to be entitled

  2         An act relating to the WAGES Program; amending

  3         s. 414.027, F.S.; revising payment structure

  4         provisions of the WAGES Program annual

  5         statewide program plan; amending s. 414.028,

  6         F.S.; requiring local WAGES coalitions to

  7         develop a plan to assure adequate

  8         administrative oversight and delivery of client

  9         services; requiring the WAGES Program State

10         Board of Directors to specify certain

11         requirements of the plan; amending s. 414.055,

12         F.S.; providing additional coalition

13         requirements for one-stop career centers;

14         amending s. 414.065, F.S.; specifying

15         additional activities which satisfy work

16         requirements under the WAGES Program; revising

17         penalties for certain nonparticipation and

18         failure to comply; clarifying penalties for

19         noncompliance; amending s. 414.085, F.S.;

20         increasing a family income level limit for

21         participation in the WAGES Program for cash

22         assistance; amending s. 414.095, F.S.; revising

23         and clarifying WAGES Program eligibility

24         requirements for noncitizens; requiring certain

25         parenting classes or certain other activities

26         for certain pregnant women; revising

27         application requirements and criteria;

28         clarifying certain participant opportunities

29         and obligations; amending s. 414.105, F.S.;

30         revising time limitations of temporary cash

31         assistance; providing additional requirements

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  1         for extended temporary cash assistance;

  2         providing for hardship extensions; providing

  3         criteria and limitations; providing for

  4         extending a period of eligibility for temporary

  5         cash assistance under certain circumstances;

  6         amending s. 414.15, F.S.; providing for a lump

  7         sum diversion payment; revising proration of

  8         diversion payment provisions; amending s.

  9         414.155, F.S.; clarifying a relocation

10         assistance program provision; creating s.

11         414.224, F.S.; providing for transitional child

12         care; providing criteria; amending s. 409.2564,

13         F.S.; correcting a cross reference, to conform;

14         repealing s. 414.25, F.S., relating to an

15         exemption from leased real property

16         requirements; repealing s. 414.38, F.S.,

17         relating to a pilot work experience and job

18         training program for noncustodial parents;

19         providing an appropriation; providing an

20         effective date.

21

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

23

24         Section 1.  Paragraphs (i) and (j) of subsection (1) of

25  section 414.027, Florida Statutes, are amended to read:

26         414.027  WAGES Program annual statewide program plan.--

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

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

29  Speaker of the House of Representatives an annual statewide

30  plan for the WAGES Program established under this chapter. At

31  a minimum, the annual statewide program plan must include:

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  1         (i)  The development of a performance-based payment

  2  structure to be used for employment placement all WAGES

  3  Program services, which takes into account the following:

  4         1.  The degree of difficulty associated with placing a

  5  WAGES Program participant in a job;

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

  7  benefits, and opportunities for advancement; and

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

  9

10  The payment structure shall provide not more than 50 percent

11  of the cost of services provided to a WAGES participant prior

12  to placement, 25 percent upon employment placement, and 25

13  percent if employment is retained for at least 6 months. The

14  payment structure should provide bonus payments to providers

15  that experience notable success in achieving long-term job

16  retention with WAGES Program participants. A service provider

17  shall be paid a maximum of one payment per service for each

18  participant during any given 6-month period.  The board shall

19  consult with the Workforce Development Board in developing the

20  WAGES Program annual statewide program plan.

21         (j)  Specifications for WAGES Program services that are

22  to be delivered before a participant is referred for

23  relocation, up-front diversion, education, or employment

24  placement through local WAGES coalitions or a service

25  provider, including the following:

26         1.  Referral of participants to diversion and

27  relocation programs;

28         2.  Preplacement services, including assessment,

29  staffing, career plan development, work orientation, and

30  employability skills enhancement;

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  1         3.  Services necessary to secure employment for a WAGES

  2  participant;

  3         4.  Services necessary to assist participants in

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

  5  education, language skills, and personal and family

  6  counseling;

  7         5.  Desired quality of job placements with regard to

  8  salary, benefits, and opportunities for advancement;

  9         6.  Expectations regarding job retention;

10         7.  Strategies to ensure that transition services are

11  provided to participants for the mandated period of

12  eligibility;

13         8.  Services that must be provided to the participant

14  throughout an education or training program, such as

15  monitoring attendance and progress in the program;

16         9.  Services that must be delivered to WAGES

17  participants who have a deferral from work requirements but

18  wish to participate in activities that meet federal

19  participation requirements; and

20         10.  Expectations regarding continued participant

21  awareness of available services and benefits.

22         11.  A service provider assesses an individual and

23  makes a determination whether the individual should be

24  referred for relocation, up-front diversion, education, or

25  employment placement and which shall be paid on a fixed unit

26  rate and may not provide educational or employment placement

27  services.

28         Section 2.  Paragraph (g) of subsection (4) of section

29  414.028, Florida Statutes, is amended, and paragraph (h) is

30  added to said subsection, to read:

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  1         414.028  Local WAGES coalitions.--The WAGES Program

  2  State Board of Directors shall create and charter local WAGES

  3  coalitions to plan and coordinate the delivery of services

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

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

  6  the boundaries of the service area for the regional workforce

  7  development board established under the Enterprise Florida

  8  workforce development board. The local delivery of services

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

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

11  local service providers designated by the regional workforce

12  development boards.

13         (4)  Each local WAGES coalition shall perform the

14  planning, coordination, and oversight functions specified in

15  the statewide implementation plan, including, but not limited

16  to:

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

18  domestic violence.

19         1.  The WAGES Program State Board of Directors shall

20  specify requirements for the local plan, including:

21         a.  Criteria for determining eligibility for exceptions

22  to state work requirements;

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

24  of domestic violence;

25         c.  Time limits for exceptions to program requirements,

26  which may not result in an adult participant exceeding the

27  federal time limit for exceptions or the state lifetime

28  benefit limit that the participant would otherwise be entitled

29  to receive, except under criteria provided in s. 414.105; and

30         d.  An annual report on domestic violence, including

31  the progress made in reducing domestic violence as a barrier

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  1  to self-sufficiency among WAGES participants, local policies

  2  and procedures for granting exceptions and exemptions from

  3  program requirements due to domestic violence, and the number

  4  and percentage of cases in which such exceptions and

  5  exemptions are granted.

  6         2.  Each local WAGES coalition plan must specify

  7  provisions for coordinating and, where appropriate, delivering

  8  services, including:

  9         a.  Provisions for the local coalition to coordinate

10  with law enforcement agencies and social service agencies and

11  organizations that provide services and protection to victims

12  of domestic violence;

13         b.  Provisions for allowing participants access to

14  domestic violence support services and ensuring that WAGES

15  participants are aware of domestic violence shelters,

16  hotlines, and other domestic violence services and policies;

17         c.  Designation of the agency that is responsible for

18  determining eligibility for exceptions from program

19  requirements due to domestic violence;

20         d.  Provisions that require each individual who is

21  granted an exemption from program requirements due to domestic

22  violence to participate in a program that prepares the

23  individual for self-sufficiency and safety; and

24         e.  Where possible and necessary, provisions for job

25  assignments and transportation arrangements that take maximum

26  advantage of opportunities to preserve the safety of the

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

28         (h)  Developing a plan to assure that employees of the

29  administrative entity and case managers of any contracted

30  provider have the necessary competencies and skills to provide

31  adequate administrative oversight and delivery of the full

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  1  array of client services.  The WAGES Program State Board of

  2  Directors shall specify requirements for the local plan,

  3  including, but not limited to:

  4         1.  Minimum skills, knowledge, and abilities required

  5  for each classification of program personnel utilized in the

  6  coalition's service delivery plan;

  7         2.  Minimum requirements for development of a

  8  coalition-supported personnel training plan to include

  9  preservice and inservice components; or

10         3.  Specifications or criteria under which any

11  coalition may award bonus points or otherwise give preference

12  to competitive service provider applications that provide

13  minimum criteria for assuring competent case management,

14  including, but not limited to, maximum caseload per case

15  manager; current staff turnover rate; minimum educational or

16  work experience requirements; and a differentiated

17  compensation plan based on the competency levels of personnel.

18         Section 3.  Subsection (7) is added to section 414.055,

19  Florida Statutes, to read:

20         414.055  One-stop career centers.--

21         (7)  To avoid any delay or disruption of services, a

22  participant or an individual redirected through up-front

23  diversion is presumed to be eligible for transitional services

24  except transitional Medicaid, which must be determined in

25  accordance with federal policy.  Upon notification that a

26  participant or diverted individual has obtained employment,

27  the local coalition shall provide all transitional benefits

28  and services until the designated administering department or

29  entity confirms eligibility or advises the coalition that the

30  individual does not meet the eligibility requirements.

31  Regardless, the coalition is responsible for payment of any

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  1  child care registration fees and sick child care for all

  2  eligible participants or redirected individuals.

  3         Section 4.  Paragraphs (m) and (n) are added to

  4  subsection (1) and paragraph (e) is added to subsection (3) of

  5  section 414.065, Florida Statutes, and subsection (4) and

  6  paragraphs (a) and (c) of subsection (7) of said section are

  7  amended, to read:

  8         414.065  Work requirements.--

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

10  used individually or in combination to satisfy the work

11  requirements for a participant in the WAGES Program:

12         (m)  GED and education.--Satisfactory attendance at

13  secondary school or in a course of study leading to a graduate

14  equivalency diploma, if a participant has not completed

15  secondary school or received such a diploma. English language

16  proficiency training may be included as a part of the

17  education if it is deemed the individual requires such

18  training to complete secondary school or to attain a graduate

19  equivalency diploma. To calculate countable hours attributable

20  to education, a participant may earn study credits equal to

21  the number of actual hours spent in formal training per week,

22  but the total number of hours earned for actual hours spent in

23  formal training and studying may not exceed a one to one and

24  one-half ratio for the week.  Countable hours are subject to

25  the restrictions contained in 45 C.F.R. s. 261.31.

26         (n)  Child care services.--Providing child care

27  services to an individual who is participating in a community

28  service program.

29         (3)  EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The

30  following individuals are exempt from work activity

31  requirements:

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  1         (e)  An individual who is exempt from the time limit.

  2         (4)  PENALTIES FOR NONPARTICIPATION IN WORK

  3  REQUIREMENTS AND FAILURE TO COMPLY WITH ALTERNATIVE

  4  REQUIREMENT PLANS.--The department shall establish procedures

  5  for administering penalties for nonparticipation in work

  6  requirements and failure to comply with the alternative

  7  requirement plan. If an individual in a family receiving

  8  temporary cash assistance fails to engage in work activities

  9  required in accordance with this section, the following

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

11  the participant shall be notified orally or in writing that

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

13  taken to impose the sanction unless the participant complies

14  with the work activity requirements. The participant shall be

15  counseled as to the consequences of noncompliance and, if

16  appropriate, shall be referred for services that could assist

17  the participant to fully comply with program requirements. If

18  the participant has good cause for noncompliance or

19  demonstrates satisfactory compliance, the sanction shall not

20  be imposed. If the participant has subsequently obtained

21  employment, the participant shall be counseled regarding the

22  transitional benefits that may be available and provided

23  information about how to access such benefits. Notwithstanding

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

25  Government does not allow food stamps to be treated under

26  sanction as provided in this section, The department shall

27  attempt to secure a waiver that provides for procedures as

28  similar as possible to those provided in this section and

29  shall administer sanctions related to food stamps consistent

30  with federal regulations.

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

  2  shall be terminated for the family for a minimum of 10 days or

  3  until the individual who failed to comply does so, and food

  4  stamp benefits shall not be increased as a result of the loss

  5  of temporary cash assistance.

  6         2.  Second noncompliance:  temporary cash assistance

  7  and food stamps shall be terminated for the family for 1 month

  8  or until the individual who failed to comply does so,

  9  whichever is later until the individual demonstrates

10  compliance in the required work activity for a period of 30

11  days. Upon meeting this requirement compliance, temporary cash

12  assistance and food stamps shall be reinstated to the date of

13  compliance or the first day of the month following the penalty

14  period, whichever is later.

15         3.  Third noncompliance:  temporary cash assistance and

16  food stamps shall be terminated for the family for 3 months or

17  until the individual who failed to comply does so, whichever

18  is later. The individual shall be required to comply with the

19  required demonstrate compliance in the work activity for a

20  minimum of 10 days upon completion of the 3-month penalty

21  period, before reinstatement of temporary cash assistance and

22  food stamps.  Upon meeting this requirement, temporary cash

23  assistance shall be reinstated to the date of compliance or

24  the first day of the month following the penalty period,

25  whichever is later.

26         (b)  If a participant receiving temporary cash

27  assistance who is otherwise exempted from noncompliance

28  penalties fails to comply with the alternative requirement

29  plan required in accordance with this section, the penalties

30  provided in paragraph (a) shall apply.

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  1  If a participant fully complies with work activity

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

  3  reinstated as being in full compliance with program

  4  requirements for purpose of sanctions imposed under this

  5  section.

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

  7  otherwise provided, the situations listed in this subsection

  8  shall constitute exceptions to the penalties for noncompliance

  9  with participation requirements, except that these situations

10  do not constitute exceptions to the applicable time limit for

11  receipt of temporary cash assistance:

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

13  cash assistance may not be terminated for refusal to

14  participate in work activities if the individual is a single

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

16  years of age, and the individual adult proves to the local

17  WAGES coalition department an inability to obtain needed child

18  care for one or more of the following reasons as defined in

19  the Child Care and Development Fund State plan required by 45

20  C.F.R. part 98:

21         1.  Unavailability of appropriate child care within a

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

23         2.  Unavailability or unsuitability of informal child

24  care by a relative or under other arrangements.

25         3.  Unavailability of appropriate and affordable formal

26  child care arrangements.

27         (c)  Noncompliance related to treatment or remediation

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

29  determined to be unable to comply with the work requirements

30  under this section due to mental or physical impairment

31  related to past incidents of domestic violence may be exempt

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

  2  414.028(4)(g), except that such individual shall comply with a

  3  plan that specifies alternative requirements that prepare the

  4  individual for self-sufficiency while providing for the safety

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

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

  7  alternative requirement plan shall be subject to the penalties

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

  9  course of treatment necessary for the individual to resume

10  participation. The need for treatment and the expected

11  duration of such treatment must be verified by a physician

12  licensed under chapter 458 or chapter 459; a psychologist

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

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

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

16  treatment professional who is registered under s.

17  415.605(1)(g), is authorized to maintain confidentiality under

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

19  certified domestic violence center. An exception granted under

20  this paragraph does not automatically constitute an extension

21  of exception from the time limitations on benefits specified

22  under s. 414.105.

23         Section 5.  Subsection (1) of section 414.085, Florida

24  Statutes, is amended 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         (1)  Participation in the WAGES Program for cash

  2  assistance shall be limited to those families whose gross

  3  family income is equal to or less than 185 130 percent of the

  4  federal poverty level established in s. 673(2) of the

  5  Community Services Block Grant Act, 42 U.S.C. s. 9901(2).

  6         Section 6.  Subsections (1), (3), (6), and (9), and

  7  paragraphs (a) and (e) of subsection (10) of section 414.095,

  8  Florida Statutes, are amended to read:

  9         414.095  Determining eligibility for the WAGES

10  Program.--

11         (1)  ELIGIBILITY.--An applicant must meet eligibility

12  requirements of this section before receiving services or

13  temporary cash assistance under this chapter, except that an

14  applicant shall be required to register for work and engage in

15  work activities in accordance with s. 414.065, as assigned by

16  a local coalition, and may receive support services or child

17  care assistance in conjunction with such requirement. The

18  department shall make a determination of eligibility based on

19  the criteria listed in this chapter. The department shall

20  monitor continued eligibility for temporary cash assistance

21  through periodic reviews consistent with the food stamp

22  eligibility process. Benefits shall not be denied to an

23  individual solely based on a felony drug conviction, unless

24  the conviction is for trafficking pursuant to s. 893.135. To

25  be eligible under this section, an individual convicted of a

26  drug felony must be satisfactorily meeting the requirements of

27  the WAGES Program, including all substance abuse treatment

28  requirements. Within the limits specified in this chapter, the

29  state opts out of the provision of Pub. L. No. 104-193, s.

30  115, that eliminates eligibility for temporary cash assistance

31

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  1  and food stamps for any individual convicted of a controlled

  2  substance felony.

  3         (3)  ELIGIBILITY FOR NONCITIZENS.--A "qualified

  4  noncitizen" is an individual who is admitted to lawfully

  5  present in the United States as a refugee under s. 207 of the

  6  Immigration and Nationality Act or who is granted asylum under

  7  ss. 207 and 208 of the Immigration and Nationality Act, a

  8  noncitizen an alien whose deportation is withheld under s.

  9  243(h) or s. 241(b)(3) of the Immigration and Nationality Act,

10  a noncitizen or  an alien who is paroled into the United

11  States under s. 212(d)(5) of the Immigration and Nationality

12  Act for at least 1 year, a noncitizen who is granted

13  conditional entry pursuant to s. 203(a)(7) of the Immigration

14  and Nationality Act as in effect prior to April 1, 1980, a

15  Cuban or Haitian entrant, or a noncitizen who has been

16  admitted as a permanent resident and meets specific criteria

17  under federal law.  In addition, a "qualified noncitizen"

18  includes an individual who, or whose child or parent, has been

19  battered or subject to extreme cruelty in the United States by

20  a spouse, or a parent, or other household member under certain

21  circumstances, and has applied for or received protection

22  under the federal Violence Against Women Act of 1994, Pub. L.

23  No. 103-322, if the need for benefits is related to the abuse

24  and the batterer no longer lives in the household. A

25  "nonqualified noncitizen" is a nonimmigrant noncitizen alien,

26  including a tourist, business visitor, foreign student,

27  exchange visitor, temporary worker, or diplomat. In addition,

28  a "nonqualified noncitizen" includes an individual paroled

29  into the United States for less than 1 year. A qualified

30  noncitizen who is otherwise eligible may receive temporary

31  cash assistance to the extent permitted by federal law. The

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  1  income or resources of a sponsor and the sponsor's spouse

  2  shall be included in determining eligibility to the maximum

  3  extent permitted by federal law.

  4         (a)  A child who is a qualified noncitizen or was born

  5  in the United States to an illegal or ineligible noncitizen

  6  alien is eligible for temporary cash assistance under this

  7  chapter if the family meets all eligibility requirements.

  8         (b)  If the parent may legally work in this country,

  9  the parent must participate in the work activity requirements

10  provided in s. 414.065, to the extent permitted under federal

11  law.

12         (c)  The department shall participate in the Systematic

13  Alien Verification for Entitlements Program (SAVE) established

14  by the United States Immigration and Naturalization Service in

15  order to verify the validity of documents provided by

16  noncitizens aliens and to verify a noncitizen's an alien's

17  eligibility.

18         (d)  The income of an illegal noncitizen alien or

19  ineligible noncitizen who is a mandatory member of a family

20  alien, less a pro rata share for the illegal noncitizen alien

21  or ineligible noncitizen alien, counts in determining a

22  family's eligibility to participate in the program.

23         (e)  The entire assets of an ineligible noncitizen

24  alien or a disqualified individual who is a mandatory member

25  of a family shall be included in determining the family's

26  eligibility.

27         (6)  PREGNANT WOMAN WITH NO OTHER CHILD.--Temporary

28  cash assistance for a pregnant woman is not available until

29  the last month of pregnancy. However, if the department

30  determines that a woman is restricted from work activities by

31  orders of a physician, temporary cash assistance shall be

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  1  available during the last trimester of pregnancy and the woman

  2  may be required to attend parenting classes or other

  3  activities to better prepare for the responsibilities of

  4  raising a child.

  5         (9)  APPLICATIONS.--The date of application is the date

  6  the department or authorized entity receives a signed and

  7  dated request to participate in the WAGES Program. The request

  8  shall be denied 30 days after the initial application if the

  9  applicant fails to respond to scheduled appointments,

10  including appointments with the state agency responsible for

11  administering the child support enforcement program, and does

12  not contact the department or authorized entity regarding the

13  application.

14         (a)  The beginning date of eligibility for temporary

15  cash assistance is the date of on which the application is

16  approved or 30 days after the date of application, whichever

17  is earlier.

18         (b)  The add date for a newborn child is the date of

19  the child's birth.

20         (c)  The add date for all other individuals is the date

21  on which the client files a signed and dated request with

22  contacts the department to add request that the individual to

23  be included in the grant for temporary cash assistance.

24         (d)  Medicaid coverage for a recipient of temporary

25  cash assistance begins on the first day of the first month of

26  eligibility for temporary cash assistance, and such coverage

27  shall include any eligibility required by federal law which is

28  prior to the month of application.

29         (10)  PARTICIPANT OPPORTUNITIES AND OBLIGATIONS.--An

30  applicant or participant in the WAGES Program has the

31  following opportunities and obligations:

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  1         (a)  To participate in establishing eligibility by

  2  providing facts with respect to circumstances that affect

  3  eligibility and by obtaining, or authorizing the department

  4  and the Department of Labor and Employment Security to obtain,

  5  documents or information from others in order to establish

  6  eligibility.

  7         (e)  To keep the department and the Department of Labor

  8  and Employment Security informed of any changes that could

  9  affect eligibility.

10         Section 7.  Section 414.105, Florida Statutes, is

11  amended to read:

12         414.105  Time limitations of temporary cash

13  assistance.--Unless otherwise expressly provided in this

14  chapter, an applicant or current participant shall receive

15  temporary cash assistance for episodes of not more than 24

16  cumulative months in any consecutive 60-month period that

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

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

19         (1)  The time limitation for episodes of temporary cash

20  assistance may not exceed 36 cumulative months in any

21  consecutive 72-month period that begins with the first month

22  of participation and may not exceed a lifetime cumulative

23  total of 48 months of temporary cash assistance as an adult,

24  for cases in which the participant:

25         (a)  Has received aid to families with dependent

26  children or temporary cash assistance for any 36 months of the

27  preceding 60 months; or

28         (b)  Is a custodial parent under the age of 24 who:

29         1.  Has not completed a high school education or its

30  equivalent; or

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  1         2.  Had little or no work experience in the preceding

  2  year.

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

  4  requirements may earn 1 month of eligibility for extended

  5  temporary cash assistance, up to maximum of 12 additional

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

  7  complying with the work activities of the WAGES Program

  8  through subsidized or unsubsidized public or private sector

  9  employment. The period for which extended temporary cash

10  assistance is granted shall be based upon compliance with

11  WAGES Program requirements beginning October 1, 1996.

12         (3)  A WAGES participant who is not exempt from work

13  activity requirements and who participates in a recommended

14  substance abuse or mental health treatment program may earn 1

15  month of eligibility for extended temporary cash assistance,

16  up to a maximum of 12 additional months, for each month in

17  which the individual fully complies with the requirements of

18  the treatment program.  This treatment credit may be awarded

19  only upon the successful completion of the treatment program

20  and only once during the 48-month time limit.

21         (4)  Notwithstanding the time limits previously

22  referenced in this section, a participant may be eligible for

23  a hardship extension. A participant may not receive temporary

24  cash assistance under this subsection, in combination with

25  other periods of temporary cash assistance for longer than a

26  lifetime limit of 48 months. Hardship extensions exemptions to

27  the time limitations of this chapter shall be limited to 20

28  percent of participants in all subsequent years, as determined

29  by the department and approved by the WAGES Program State

30  Board of Directors.

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  1         (a)  For participants who have received 24 cumulative

  2  months or 36 cumulative months of temporary cash assistance,

  3  criteria for hardship extensions exemptions include:

  4         1.(a)  Diligent participation in activities, combined

  5  with inability to obtain employment.

  6         2.(b)  Diligent participation in activities, combined

  7  with extraordinary barriers to employment, including the

  8  conditions which may result in an exemption to work

  9  requirements.

10         3.(c)  Significant barriers to employment, combined

11  with a need for additional time.

12         4.  Delay or interruption in an individual's

13  participation in the program as a result of the effects of

14  domestic violence.  Hardship extensions granted under this

15  subsection shall not be subject to the percentage limitation

16  in this subsection.

17         5.(d)  Diligent participation in activities and a need

18  by teen parents for an extension exemption in order to have 24

19  months of eligibility beyond receipt of the high school

20  diploma or equivalent.

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

22  a participating family that has reached the end of the

23  eligibility period for temporary cash assistance. The

24  recommendation must be the result of a review which determines

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

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

27  emergency shelter or foster care. Temporary cash assistance

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

29  Children and Families Program Office of the department shall

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

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  1  child may require continuation of temporary cash assistance

  2  through a protective payee.

  3

  4  At the recommendation of the local WAGES coalition, temporary

  5  cash assistance under a hardship extension exemption for a

  6  participant who is eligible for work activities and who is not

  7  working shall be reduced by 10 percent. Upon the employment of

  8  the participant, full benefits shall be restored.

  9         (b)  The cumulative total of all hardship extensions

10  may not exceed 12 months, may include reduced benefits at the

11  option of the community review panel, and shall, in

12  combination with other periods of temporary cash assistance as

13  an adult, total no more than 48 months of temporary cash

14  assistance. If an individual fails to comply with program

15  requirements during a hardship extension period, the hardship

16  extension shall be removed upon the participant being given 10

17  days' notice to show good cause for failure to comply.

18         (c)  For participants who have received 48 cumulative

19  months of cash assistance, criteria for hardship extensions

20  include:

21         1.  Supplemental Security Income or Social Security

22  Disability Insurance applicants who have pending claims at the

23  end of the 48-month period whose claims have been verified by

24  a physician licensed under chapter 458 or chapter 459.  An

25  independent medical examination may be requested by the local

26  WAGES coalition to establish that the applicant is unable to

27  gain employment.

28         2.  Victims of domestic violence who have been engaged

29  in an alternate work plan and despite best efforts are still

30  not work ready.

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  1         3.  Those individuals who have pervasive and persistent

  2  barriers to employment due to extensive educational and skills

  3  training deficits which require remediation and educational

  4  goals that require additional time for habilitation at the

  5  time the individual reached the 48-month time limit.

  6  Verification that the educational and skills training will

  7  likely lead to self-sufficient employment must be provided by

  8  a licensed occupational therapist or vocational rehabilitation

  9  specialist.

10         4.  The local WAGES coalitions must review and evaluate

11  each hardship extension no later than 12 months after the

12  extension has been granted to determine whether an additional

13  extension should be given.  If an individual fails to comply

14  with program requirements during a hardship extension, the

15  hardship extension shall be removed upon the participant being

16  given 10 days' notice to show good cause for failure to

17  comply.

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

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

20  exemption if the effects of such domestic violence delay or

21  otherwise interrupt or adversely affect the individual's

22  participation in the program.  Hardship exemptions granted

23  under this subsection shall not be subject to the percentage

24  limitations in subsection (2).

25         (5)(4)  The department shall establish a procedure for

26  reviewing and approving hardship extensions exemptions, and

27  the local WAGES coalitions may assist in making these

28  determinations. The composition of any review panel must

29  generally reflect the racial, gender, and ethnic diversity of

30  the community as a whole. Members of a review panel shall

31  serve without compensation but are entitled to receive

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  1  reimbursement for per diem and travel expenses as provided in

  2  s. 112.016.

  3         (6)  A minor child of a participating family that has

  4  reached the end of the eligibility period for temporary cash

  5  assistance may receive an extension if the department

  6  determines that the termination of the child's temporary cash

  7  assistance would be likely to result in the child being placed

  8  into emergency shelter or foster care. Temporary cash

  9  assistance shall be provided through a protective payee. Staff

10  of the Children and Families Program Office of the department

11  shall conduct all assessments in each case in which it appears

12  a child may require continuation of temporary cash assistance

13  through a protective payee.

14         (5)  The cumulative total of all hardship exemptions

15  may not exceed 12 months, may include reduced benefits at the

16  option of the community review panel, and shall, in

17  combination with other periods of temporary cash assistance as

18  an adult, total no more than 48 months of temporary cash

19  assistance. If an individual fails to comply with program

20  requirements during a hardship exemption period, the hardship

21  exemption shall be removed.

22         (7)(6)  For individuals who have moved from another

23  state, and have legally resided in this state for less than 12

24  months, the time limitation for temporary cash assistance

25  shall be the shorter of the respective time limitations used

26  in the two states, and months in which temporary cash

27  assistance was received under a block grant program that

28  provided temporary assistance for needy families in any state

29  shall count towards the cumulative 48-month benefit limit for

30  temporary cash assistance.

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  1         (8)(7)  For individuals subject to a time limitation

  2  under the Family Transition Act of 1993, that time limitation

  3  shall continue to apply. Months in which temporary cash

  4  assistance was received through the family transition program

  5  shall count towards the time limitations under this chapter.

  6         (9)(8)  Except when temporary cash assistance was

  7  received through the family transition program, the

  8  calculation of the time limitation for temporary cash

  9  assistance shall begin with the first month of receipt of

10  temporary cash assistance after the effective date of this

11  act.

12         (10)(9)  Child-only cases are not subject to time

13  limitations, and temporary cash assistance received while an

14  individual is a minor child shall not count towards time

15  limitations.

16         (11)(10)  An individual who receives benefits under the

17  Supplemental Security Income program or the Social Security

18  Disability Insurance program is not subject to time

19  limitations. An individual with an assigned 24-month or

20  36-month time limit who has applied for supplemental security

21  income (SSI) for disability, but has not yet received a

22  determination must be granted an extension of time limits

23  until the individual receives a final determination on the SSI

24  application. However, such individual shall continue to meet

25  all program requirements assigned to the participant based on

26  medical ability to comply. Such extension shall be within the

27  48-month lifetime limit.  Determination shall be considered

28  final once all appeals have been exhausted, benefits have been

29  received, or denial has been accepted without any appeal. Such

30  individual must continue to meet all program requirements

31  assigned to the participant based on medical ability to

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  1  comply. Extensions of 48-month time limits shall be in

  2  accordance with paragraph (4)(c) within the recipient's

  3  48-month lifetime limit. Hardship exemptions granted under

  4  this subsection shall not be subject to the percentage

  5  limitations in subsection (2).

  6         (12)(11)  A person who is totally responsible for the

  7  personal care of a disabled family member is not subject to

  8  time limitations if the need for the care is verified and

  9  alternative care is not available for the family member. The

10  department shall annually evaluate an individual's

11  qualifications for this exemption.

12         (13)(12)  A member of the WAGES Program staff shall

13  interview and assess the employment prospects and barriers of

14  each participant who is within 6 months of reaching the

15  24-month time limit.  The staff member shall assist the

16  participant in identifying actions necessary to become

17  employed prior to reaching the benefit time limit for

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

19  participant for services that could facilitate employment.

20         Section 8.  Subsections (5) and (6) of section 414.15,

21  Florida Statutes, are amended to read:

22         414.15  Diversion.--

23         (5)  The diversion payment shall be limited to a lump

24  sum in the an amount of $1,000 not to exceed 2 months'

25  temporary cash assistance, based on family size.

26         (6)  The family receiving up-front diversion must sign

27  an agreement restricting the family from applying for

28  temporary cash assistance for 3 months, unless an emergency is

29  demonstrated to the department.  If a demonstrated emergency

30  forces the family to reapply for temporary cash assistance

31  within 3 months after receiving a diversion payment, the

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  1  diversion payment shall be prorated over an 8-month period and

  2  deducted from any temporary assistance for which the

  3  individual is the 2-month period and subtracted from any

  4  regular payment of temporary cash assistance for which the

  5  applicant may be eligible.

  6         Section 9.  Paragraph (d) of subsection (2) of section

  7  414.155, Florida Statutes, is amended to read:

  8         414.155  Relocation assistance program.--

  9         (2)  The relocation assistance program shall involve

10  five steps by the Department of Children and Family Services

11  or a local WAGES coalition:

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

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

14  community receiving a relocated family has the capacity to

15  provide needed services and employment opportunities.

16         Section 10.  Section 414.224, Florida Statutes, is

17  created to read:

18         414.224  Transitional child care.--In order to assist

19  former WAGES participants and individuals who have been

20  redirected through up-front diversion, transitional child care

21  is available for up to 2 years after a participant has left

22  the program due to employment and whose income does not exceed

23  200 percent of the federal poverty level at any time during

24  that 2-year period.  Transitional child care is also available

25  to an individual who has been redirected through up-front

26  diversion and whose income does not exceed 200 percent of the

27  federal poverty level at any time during that 2-year period.

28         Section 11.  Subsection (7) of section 409.2564,

29  Florida Statutes, is amended to read:

30         409.2564  Actions for support.--

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  1         (7)  In a judicial circuit with a work experience and

  2  job training pilot project, if the obligor is a noncustodial

  3  parent of a child receiving public assistance as defined in

  4  this chapter, is unemployed or underemployed or has no income,

  5  then the court shall order the obligor to seek employment, if

  6  the obligor is able to engage in employment, and to

  7  immediately notify the court upon obtaining employment, upon

  8  obtaining any income, or upon obtaining any ownership of any

  9  asset with a value of $500 or more.  If the obligor is still

10  unemployed 30 days after any order for support, the court

11  shall order the obligor to enroll in a work experience, job

12  placement, and job training program for noncustodial parents

13  as established in s. 414.38.

14         Section 12.  Sections 414.25 and 414.38, Florida

15  Statutes, are repealed.

16         Section 13.  The sum of $5 million of the Temporary

17  Assistance for Needy Families (TANF) block grant is

18  appropriated from the Federal Grants Trust Fund for

19  communities to use for after-school programs for children

20  eligible for free or reduced lunches.

21         Section 14.  This act shall take effect October 1,

22  2000.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises various WAGES Program provisions relating to
  4    payment structure provisions of the WAGES Program annual
      statewide program plan, local WAGES coalition plans to
  5    assure adequate administrative oversight and delivery of
      client services, coalition requirements for one-stop
  6    career centers, additional activities which satisfy work
      requirements under the WAGES Program, penalties for
  7    certain nonparticipation and failure to comply, family
      income level limit for participation in the WAGES Program
  8    for cash assistance, WAGES Program eligibility
      requirements for noncitizens, time limitations of
  9    temporary cash assistance, hardship extensions, and
      transitional child care. Repeals an exemption from leased
10    real property requirements and a pilot work experience
      and job training program for noncustodial parents.
11    Provides an appropriation for after-school programs. See
      bill for details.
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