Senate Bill 2510

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    Florida Senate - 2000                                  SB 2510

    By Senator Diaz-Balart





    37-1473-00

  1                      A bill to be entitled

  2         An act relating to rulemaking authority of the

  3         Department of Children and Family Services

  4         (RAB); amending s. 393.066, F.S.; authorizing

  5         the department to adopt rules limiting the

  6         number of clients in a supported-living

  7         dwelling unit and limiting the number of units

  8         within a geographical area; prohibiting the

  9         department from restricting the ability of a

10         client to live in a unit that is not in

11         compliance with the rules; amending s. 409.919,

12         F.S.; requiring that the department adopt rules

13         to administer provisions governing medical

14         assistance; creating s. 409.953, F.S.;

15         requiring the department to adopt rules to

16         administer the refugee assistance program;

17         amending ss. 414.085, 414.095, F.S.;

18         authorizing the department to adopt rules for

19         determining a person's eligibility for the

20         WAGES Program; amending s. 414.13, F.S.;

21         providing for rules to allow exceptions to the

22         requirements that a child receive certain

23         immunizations; amending s. 414.15, F.S.;

24         authorizing the department to adopt rules for

25         administering diversion services; providing an

26         effective date.

27

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

29

30         Section 1.  Subsection (9) of section 393.066, Florida

31  Statutes, is amended to read:

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    Florida Senate - 2000                                  SB 2510
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  1         393.066  Community services and treatment for persons

  2  who are developmentally disabled.--

  3         (9)  The department may adopt rules to ensure

  4  compliance with federal laws or regulations that apply to

  5  services provided pursuant to this section. The department may

  6  adopt rules governing supported-living services which limit

  7  the number of nonrelated clients who may live in a single

  8  dwelling unit. The department may adopt rules specifying the

  9  maximum number of supported-living dwelling units that may be

10  located within an identifiable geographical area, such as

11  within a municipal block, subdivision, neighborhood, apartment

12  complex, or mobile home park. The department may not, however,

13  restrict the ability of any client to choose to live in a

14  dwelling unit that has more residents than the maximum number

15  established by rule, and the department may not restrict a

16  client from choosing to live in a geographic area that

17  contains more than the maximum number of supported-living

18  dwelling units established by rule.

19         Section 2.  Section 409.919, Florida Statutes, is

20  amended to read:

21         409.919  Rules.--The agency and the Department of

22  Children and Family Services shall adopt any rules necessary

23  to comply with or administer ss. 409.901-409.920 and all rules

24  necessary to comply with federal requirements.

25         Section 3.  Section 409.953, Florida Statutes, is

26  created to read:

27         409.953  Rulemaking authority.--The Department of

28  Children and Family Services shall adopt rules to administer

29  the eligibility requirements for the refugee assistance

30  program.

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    Florida Senate - 2000                                  SB 2510
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  1         Section 4.  Section 414.085, Florida Statutes, is

  2  amended to read:

  3         414.085  Income eligibility standards.--

  4         (1)  For purposes of program simplification and

  5  effective program management, certain income definitions, as

  6  outlined in the food stamp regulations at 7 C.F.R. s. 273.9,

  7  shall be applied to the WAGES Program as determined by the

  8  department to be consistent with federal law regarding

  9  temporary cash assistance and Medicaid for needy families,

10  except as to the following:

11         (a)(1)  Participation in the WAGES Program shall be

12  limited to those families whose gross family income is equal

13  to or less than 130 percent of the federal poverty level

14  established in s. 673(2) of the Community Services Block Grant

15  Act, 42 U.S.C. s. 9901(2).

16         (b)(2)  Income security payments, including payments

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

18  amended; supplemental security income under Title XVI of the

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

20  payments as defined by federal law shall be excluded as income

21  unless required to be included by federal law.

22         (c)(3)  The first $50 of child support paid to a

23  custodial parent receiving temporary cash assistance may not

24  be disregarded in calculating the amount of temporary cash

25  assistance for the family, unless such exclusion is required

26  by federal law.

27         (d)(4)  An incentive payment to a participant

28  authorized by a local WAGES coalition shall not be considered

29  income.

30         (2)  The department may adopt rules governing the

31  administration of this section and may establish requirements

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    Florida Senate - 2000                                  SB 2510
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  1  for income inclusions, income exclusions, income deductions,

  2  budgeting criteria, money management by participants, criteria

  3  for eligibility verification, processing timeframes, and other

  4  eligibility criteria necessary for the department to

  5  administer this section.

  6         Section 5.  Subsection (13) of section 414.095, Florida

  7  Statutes, is amended, and subsection (20) is added to that

  8  section, to read:

  9         414.095  Determining eligibility for the WAGES

10  Program.--

11         (13)  CALCULATION OF LEVELS OF TEMPORARY CASH

12  ASSISTANCE.--

13         (a)  Temporary cash assistance shall be calculated

14  based on average monthly gross family income, earned and

15  unearned, less any applicable disregards. The resulting

16  monthly net income amount shall be subtracted from the

17  applicable payment standard to determine the monthly amount of

18  temporary cash assistance.

19         (b)  A deduction may not be allowed for child care

20  payments.

21         (c)  The department may adopt rules governing the

22  administration of this subsection and may establish criteria

23  pertaining to types of budgeting, conversion factors,

24  verification of income, treatment of self-employment income,

25  treatment of child-support income, and treatment of other

26  sources of income.

27         (20)  RULES.--The department may adopt rules governing

28  the administration of this section and may establish criteria

29  regarding verification requirements and limitations on

30  eligibility.

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    Florida Senate - 2000                                  SB 2510
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  1         Section 6.  Section 414.13, Florida Statutes, is

  2  amended to read:

  3         414.13  Immunizations.--Each applicant who has a

  4  preschool child must begin and complete appropriate childhood

  5  immunizations for the child as a condition of eligibility.  At

  6  the time of application and redetermination of eligibility,

  7  the department shall advise applicants and participants of the

  8  availability of childhood immunizations through the county

  9  health department.  Each participant who has a preschool child

10  must verify compliance with the section. If a participant

11  fails to provide such verification, the child for whom such

12  verification is not provided shall be removed from

13  consideration for purposes of calculating the assistance

14  available to the family. If the child subject to this

15  requirement is the only child in the family, participation in

16  the program shall be terminated until verification of

17  compliance is provided.  The department shall waive this

18  requirement if the failure to immunize the child is because of

19  religious reasons or other good cause, as defined in rules

20  adopted by the department.

21         Section 7.  Subsection (7) is added to section 414.15,

22  Florida Statutes, to read:

23         414.15  Diversion.--

24         (7)  The department may adopt rules governing the

25  administration of this section and may establish guidelines

26  for screening criteria, referrals to community resources,

27  restrictions on receipt of up-front diversion and transitional

28  services, definitions of emergency services, verification

29  requirements, and processing timeframes.

30         Section 8.  This act shall take effect upon becoming a

31  law.

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    Florida Senate - 2000                                  SB 2510
    37-1473-00




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  2                          SENATE SUMMARY

  3    Provides additional rulemaking authority to the
      Department of Children and Family Services. Authorizes
  4    the department to limit the number of clients in a
      supported-living dwelling unit and limit the number of
  5    units within a specified area. Provides for rules
      governing the Medicaid program. Provides for rules
  6    governing eligibility requirements for the WAGES Program
      and for diversion services. (See bill for details.)
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