HB 1421

1
A bill to be entitled
2An act relating to work experience and job training for
3noncustodial parents; creating s. 414.385, F.S.; providing
4a definition; establishing a work experience and job
5training program for noncustodial parents; requiring the
6Agency for Workforce Innovation to administer the program;
7providing criteria for participation in the program;
8providing a penalty for nonparticipation under certain
9circumstances; providing requirements for a service
10provider; requiring the service provider to offer
11assistance in obtaining federal earned income tax credits
12under certain circumstances; specifying prohibited
13activities of a service provider; directing the agency to
14enter into private contracts for the provision of
15services; providing selection criteria for providers under
16such contracts; providing agency rulemaking authority;
17amending ss. 409.2564, 61.13, and 61.14, F.S., to conform;
18amending s. 28.101, F.S.; imposing an additional
19dissolution of marriage filing charge; requiring the clerk
20of court to transfer charge proceeds to the agency for
21certain purposes; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Section 414.385, Florida Statutes, is created
26to read:
27     414.385  Work experience and job training program for
28noncustodial parents.--
29     (1)  For the purposes of this section, "agency" means the
30Agency for Workforce Innovation.
31     (2)  A work experience and job training program for
32noncustodial parents is established. The program shall be
33administered by the agency.
34     (3)  An obligor is eligible for entrance into the program
35if, 30 days after any order for support, the obligor is still
36unemployed.
37     (4)  If the court orders an obligor to participate in the
38work experience and job training program, the obligor must
39register with the local program service provider.
40     (5)  Every obligor ordered into the work experience and job
41training program must participate in work experience, peer
42support, job training, job placement, or educational activities
43for up to 40 hours per week.
44     (6)  Any obligor ordered to participate in the program
45under this section who fails without good cause to participate
46as ordered by the court may be held in contempt.
47     (7)  The local work experience and job training program
48service provider shall, directly or through contract:
49     (a)  If necessary, enroll the obligor in a mandatory job
50training readiness program of up to 4 weeks in duration.
51     (b)  Assess the obligor's employment skills.
52     (c)  Assess the obligor's educational and literacy skills
53and enroll the obligor in a local adult educational program if
54necessary.
55     (d)  Perform job search assistance and job matching
56functions, which shall include on-the-job training, to combine
57skill-building and immediate income.
58     (e)  Monitor the progress of the obligor's employment.
59     (f)  Offer a peer support program to educate the obligor
60about the responsibilities of a noncustodial parent, to
61encourage positive parental behavior and sexual responsibility,
62and to enhance the obligor's life skills.
63     (g)  Offer support services to custodial and noncustodial
64parents to resolve conflicts concerning visitation, household
65expenditures, lifestyles, child care, and school arrangements.
66     (h)  Advise the court when the obligor becomes employed and
67of the obligor's continuing employment progress every 30 days.
68     (i)  Counsel the obligor about job retention and
69advancement.
70     (j)  Offer follow-up and support services for a period of 6
71months.
72     (8)  If the obligor becomes employed before starting the
73program or becomes employed through the efforts of the local
74work experience and job training program service provider but
75cannot earn an adequate wage level for court-ordered child
76support as determined by s. 61.30 or otherwise by a court of
77competent jurisdiction, the service provider shall assist the
78obligor in obtaining federal earned income tax credits and, if
79the wages and the earned income tax credits are less than an
80adequate amount for the court-ordered child support, shall
81attempt to obtain additional or improved employment for the
82obligor. To determine whether the obligor has an adequate wage
83level, the following criteria shall be considered:
84     (a)  All earnings, income, and resources of the obligor.
85     (b)  The ability of the obligor to earn.
86     (c)  The reasonable necessities of the obligor.
87     (d)  The needs of the dependent child for whom support is
88sought.
89     (9)  The local program service provider shall not:
90     (a)  Charge the obligor for services obtained under this
91program; or
92     (b)  Enroll the obligor in a community work program.
93     (10)  The agency shall contract with a private service
94provider for job training, placement, and support services. The
95agency shall develop a request for proposal to include
96procedures and criteria for the competitive acceptance of
97proposals from interested service providers. Each interested
98service provider seeking to participate in the program pursuant
99to this section must be able to demonstrate:
100     (a)  Experience in executing large-scale social
101experiments.
102     (b)  Experience in doing research involving waivers of
103federal AFDC, JOBS, and Child Support Enforcement policies.
104     (c)  An understanding of the demographics and experiences
105of economically disadvantaged noncustodial parents.
106     (d)  Experience in working directly with state programs
107designed to assist disadvantaged noncustodial parents.
108     (11)  The agency, in consultation with the Department of
109Revenue, shall adopt rules to implement this section.
110     Section 2.  Subsection (7) of section 409.2564, Florida
111Statutes, is amended to read:
112     409.2564  Actions for support.--
113     (7)  In a judicial circuit with a work experience and job
114training program for noncustodial parents as established in s.
115414.385 pilot project, if the obligor is a noncustodial parent
116of a child receiving public assistance as defined in this
117chapter, is unemployed or underemployed or has no income, then
118the court shall order the obligor to seek employment, if the
119obligor is able to engage in employment, and to immediately
120notify the court upon obtaining employment, upon obtaining any
121income, or upon obtaining any ownership of any asset with a
122value of $500 or more. If the obligor is still unemployed 30
123days after any order for support, the court shall order the
124obligor to enroll in a work experience, job placement, and job
125training program.
126     Section 3.  Paragraph (e) of subsection (1) of section
12761.13, Florida Statutes, is amended to read:
128     61.13  Custody and support of children; visitation rights;
129power of court in making orders.--
130     (1)
131     (e)  In a judicial circuit with a work experience and job
132training program for noncustodial parents as established in s.
133414.385 pilot project, if the obligor is unemployed or has no
134income and does not have an account at a financial institution,
135then the court shall order the obligor to seek employment, if
136the obligor is able to engage in employment, and to immediately
137notify the court upon obtaining employment, upon obtaining any
138income, or upon obtaining any ownership of any asset with a
139value of $500 or more. If the obligor is still unemployed 30
140days after any order for support, the court may order the
141obligor to enroll in the work experience, job placement, and job
142training pilot program for noncustodial parents as established
143in s. 414.385 409.2565, if the obligor is eligible for entrance
144into the pilot program.
145     Section 4.  Paragraph (b) of subsection (5) of section
14661.14, Florida Statutes, is amended to read:
147     61.14  Enforcement and modification of support,
148maintenance, or alimony agreements or orders.--
149     (5)
150     (b)  In a judicial circuit with a work experience and job
151training program for noncustodial parents as established in s.
152414.385 pilot project, if at the time of the contempt hearing
153the obligor is unemployed or has no income, then the court shall
154order the obligor to seek employment, if the obligor is able to
155engage in employment, and to immediately notify the court upon
156obtaining employment, upon obtaining any income, or upon
157obtaining any ownership of any asset with a value of $500 or
158more. If the obligor is still unemployed 30 days after any order
159for support, the court may order the obligor to enroll in a work
160experience, job placement, and job training program for
161noncustodial parents as established in s. 414.385 409.2565, if
162the obligor is eligible for entrance into the pilot program.
163     Section 5.  Paragraph (e) is added to subsection (1) of
164section 28.101, Florida Statutes, to read:
165     28.101  Petitions and records of dissolution of marriage;
166additional charges.--
167     (1)  When a party petitions for a dissolution of marriage,
168in addition to the filing charges in s. 28.241, the clerk shall
169collect and receive:
170     (e)  A charge of $25. On a monthly basis, the clerk shall
171transfer all the moneys collected pursuant to this paragraph to
172the Agency of Workforce Innovation for the specific purpose of
173funding the work experience and job training program for
174noncustodial parents established in s. 414.385.
175     Section 6.  This act shall take effect July 1, 2004.


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