HB 1895

1	A bill to be entitled
2	An act relating to economic eligibility services; amending
3	s. 409.2564, F.S.; correcting a cross reference; amending
4	s. 414.065, F.S.; aligning food stamp sanctions with
5	federal penalties; deleting provisions relating to
6	continuation of temporary cash assistance for children
7	through protective payees; amending s. 414.095, F.S.;
8	clarifying eligibility for temporary cash assistance for
9	teen parents; deleting additional eligibility options
10	relating to families containing a stepparent; correcting
11	cross references; amending s. 414.105, F.S.; aligning time
12	limitations for temporary cash assistance with federal
13	requirements; deleting provisions relating to review
14	panels; amending s. 414.32, F.S.; deleting food stamp
15	sanctions for persons who are delinquent on child support
16	payments; amending s. 445.048, F.S.; correcting a cross
17	reference; repealing s. 114 of ch. 2004-267, Laws of
18	Florida, relating to the Economic Self-Sufficiency
19	Services program eligibility determination functions;
20	providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Subsection (12) of section 409.2564, Florida
25	Statutes, is amended to read:
26	409.2564  Actions for support.--
27	(12)  The Title IV-D agency shall review child support
28	orders in IV-D cases at least every 3 years upon request by
29	either party, or the agency in cases where there is an
30	assignment of support to the state under s. 414.095(7)(8), and
31	may seek adjustment of the order if appropriate under the
32	guidelines established in s. 61.30. Not less than once every 3
33	years the IV-D agency shall provide notice to the parties
34	subject to the order informing them of their right to request a
35	review and, if appropriate, an adjustment of the child support
36	order. Said notice requirement may be met by including
37	appropriate language in the initial support order or any
38	subsequent orders.
39	Section 2.  Subsections (3) through (5) of section 414.065,
40	Florida Statutes, are renumbered as subsections (2) through (4),
41	respectively, and present subsections (1) and (2) of said
42	section are amended to read:
43	414.065  Noncompliance with work requirements.--
44	(1)  PENALTIES FOR NONPARTICIPATION IN WORK REQUIREMENTS
45	AND FAILURE TO COMPLY WITH ALTERNATIVE REQUIREMENT PLANS.--The
46	department shall establish procedures for administering
47	penalties for nonparticipation in work requirements and failure
48	to comply with the alternative requirement plan. If an
49	individual in a family receiving temporary cash assistance fails
50	to engage in work activities required under in accordance with
51	s. 445.024 or under an alternative requirement plan as described
52	in subsection (3), the department shall administer sanctions
53	consistent with federal food stamp regulations as provided under
54	7 C.F.R. part 273, including the state option to disqualify the
55	entire household when the head of the household is noncompliant
56	following penalties shall apply. Prior to the imposition of a
57	sanction, the participant shall be notified orally or in writing
58	that the participant is subject to sanction and that action will
59	be taken to impose the sanction unless the participant complies
60	with the work activity requirements or the alternative
61	requirement plan. The participant shall be counseled as to the
62	consequences of noncompliance and, if appropriate, shall be
63	referred for services that could assist the participant to fully
64	comply with program requirements. If the participant has good
65	cause for noncompliance or demonstrates satisfactory compliance,
66	the sanction shall not be imposed. If the participant has
67	subsequently obtained employment, the participant shall be
68	counseled regarding the transitional benefits that may be
69	available and provided information about how to access such
70	benefits. The department shall administer sanctions related to
71	food stamps consistent with federal regulations.
72	(a)1.  First noncompliance: temporary cash assistance shall
73	be terminated for the family for a minimum of 10 days or until
74	the individual who failed to comply does so.
75	2.  Second noncompliance: temporary cash assistance shall
76	be terminated for the family for 1 month or until the individual
77	who failed to comply does so, whichever is later. Upon meeting
78	this requirement, temporary cash assistance shall be reinstated
79	to the date of compliance or the first day of the month
80	following the penalty period, whichever is later.
81	3.  Third noncompliance: temporary cash assistance shall be
82	terminated for the family for 3 months or until the individual
83	who failed to comply does so, whichever is later. The individual
84	shall be required to comply with the required work activity upon
85	completion of the 3-month penalty period, before reinstatement
86	of temporary cash assistance. Upon meeting this requirement,
87	temporary cash assistance shall be reinstated to the date of
88	compliance or the first day of the month following the penalty
89	period, whichever is later.
90	(b)  If a participant receiving temporary cash assistance
91	who is otherwise exempted from noncompliance penalties fails to
92	comply with the alternative requirement plan required in
93	accordance with this section, the penalties provided in
94	paragraph (a) shall apply.
95
96	If a participant fully complies with work activity requirements
97	for at least 6 months, the participant shall be reinstated as
98	being in full compliance with program requirements for purpose
99	of sanctions imposed under this section.
100	(2)  CONTINUATION OF TEMPORARY CASH ASSISTANCE FOR
101	CHILDREN; PROTECTIVE PAYEES.--
102	(a)  Upon the second or third occurrence of noncompliance,
103	temporary cash assistance and food stamps for the child or
104	children in a family who are under age 16 may be continued. Any
105	such payments must be made through a protective payee or, in the
106	case of food stamps, through an authorized representative. Under
107	no circumstances shall temporary cash assistance or food stamps
108	be paid to an individual who has failed to comply with program
109	requirements.
110	(b)  Protective payees shall be designated by the
111	department and may include:
112	1.  A relative or other individual who is interested in or
113	concerned with the welfare of the child or children and agrees
114	in writing to utilize the assistance in the best interest of the
115	child or children.
116	2.  A member of the community affiliated with a religious,
117	community, neighborhood, or charitable organization who agrees
118	in writing to utilize the assistance in the best interest of the
119	child or children.
120	3.  A volunteer or member of an organization who agrees in
121	writing to fulfill the role of protective payee and to utilize
122	the assistance in the best interest of the child or children.
123	(c)  The protective payee designated by the department
124	shall be the authorized representative for purposes of receiving
125	food stamps on behalf of a child or children under age 16. The
126	authorized representative must agree in writing to use the food
127	stamps in the best interest of the child or children.
128	(d)  If it is in the best interest of the child or
129	children, as determined by the department, for the staff member
130	of a private agency, a public agency, the department, or any
131	other appropriate organization to serve as a protective payee or
132	authorized representative, such designation may be made, except
133	that a protective payee or authorized representative must not be
134	any individual involved in determining eligibility for temporary
135	cash assistance or food stamps for the family, staff handling
136	any fiscal processes related to issuance of temporary cash
137	assistance or food stamps, or landlords, grocers, or vendors of
138	goods, services, or items dealing directly with the participant.
139	(e)  The department may pay incidental expenses or travel
140	expenses for costs directly related to performance of the duties
141	of a protective payee as necessary to implement the provisions
142	of this subsection.
143	Section 3.  Subsections (5) through (19) of section
144	414.095, Florida Statutes, are renumbered as subsections (4)
145	through (18), respectively, and paragraph (a) of subsection (2),
146	present subsection (4), paragraphs (c) and (e) of present
147	subsection (15), and present subsection (17) of said section are
148	amended to read:
149	414.095  Determining eligibility for temporary cash
150	assistance.--
151	(2)  ADDITIONAL ELIGIBILITY REQUIREMENTS.--
152	(a)  To be eligible for services or temporary cash
153	assistance and Medicaid:
154	1.  An applicant must be a United States citizen, or a
155	qualified noncitizen, as defined in this section.
156	2.  An applicant must be a legal resident of the state.
157	3.  Each member of a family must provide to the department
158	the member's social security number or shall provide proof of
159	application for a social security number. An individual who
160	fails to provide to the department a social security number, or
161	proof of application for a social security number, is not
162	eligible to participate in the program.
163	4.  A minor child must reside with a custodial parent or
164	parents, or with a relative caretaker who is within the
165	specified degree of blood relationship as defined by 45 C.F.R.
166	part 233 under this chapter, or, if the minor is a teen parent
167	with a child, in a setting approved by the department as
168	provided in subsection (14).
169	5.  Each family must have a minor child and meet the income
170	and resource requirements of the program. All minor children who
171	live in the family, as well as the parents of the minor
172	children, shall be included in the eligibility determination
173	unless specifically excluded.
174	(4)  STEPPARENTS.--A family that contains a stepparent has
175	the following special eligibility options if the family meets
176	all other eligibility requirements:
177	(a)  A family that does not contain a mutual minor child
178	has the option to include or exclude a stepparent in determining
179	eligibility if the stepparent's monthly gross income is less
180	than 185 percent of the federal poverty level for a two-person
181	family.
182	1.  If the stepparent chooses to be excluded from the
183	family, temporary cash assistance, without shelter expense,
184	shall be provided for the child. The parent of the child must
185	comply with work activity requirements as provided in s.
186	445.024. Income and resources from the stepparent may not be
187	included in determining eligibility; however, any income and
188	resources from the parent of the child shall be included in
189	determining eligibility.
190	2.  If a stepparent chooses to be included in the family,
191	the department shall determine eligibility using the
192	requirements for a nonstepparent family. A stepparent whose
193	income is equal to or greater than 185 percent of the federal
194	poverty level for a two-person family does not have the option
195	to be excluded from the family, and all income and resources of
196	the stepparent shall be included in determining the family's
197	eligibility.
198	(b)  A family that contains a mutual minor child does not
199	have the option to exclude a stepparent from the family, and the
200	income and resources from the stepparent shall be included in
201	determining eligibility.
202	(c)  A family that contains two stepparents, with or
203	without a mutual minor child, does not have the option to
204	exclude a stepparent from the family, and the income and
205	resources from each stepparent must be included in determining
206	eligibility.
207	(14)(15)  PROHIBITIONS AND RESTRICTIONS.--
208	(c)  The teen parent is not required to live with a parent,
209	legal guardian, or other adult caretaker relative if the
210	department determines that:
211	1.  The teen parent has suffered or might suffer harm in
212	the home of the parent, legal guardian, or adult caretaker
213	relative.
214	2.  The requirement is not in the best interest of the teen
215	parent or the child. If the department determines that it is not
216	in the best interest of the teen parent or child to reside with
217	a parent, legal guardian, or other adult caretaker relative, the
218	department shall provide or assist the teen parent in finding a
219	suitable home, a second-chance home, a maternity home, or other
220	appropriate adult-supervised supportive living arrangement. Such
221	living arrangement may include a shelter obligation in
222	accordance with subsection (10)(11).
223
224	The department may not delay providing temporary cash assistance
225	to the teen parent through the alternative payee designated by
226	the department pending a determination as to where the teen
227	parent should live and sufficient time for the move itself. A
228	teen parent determined to need placement that is unavailable
229	shall continue to be eligible for temporary cash assistance so
230	long as the teen parent cooperates with the department and the
231	Department of Health. The teen parent shall be provided with
232	counseling to make the transition from independence to
233	supervised living and with a choice of living arrangements.
234	(e)  If a parent or caretaker relative does not assign any
235	rights a family member may have to support from any other person
236	as required by subsection (7)(8), temporary cash assistance to
237	the entire family shall be denied until the parent or caretaker
238	relative assigns the rights to the department.
239	(16)(17)  PROPORTIONAL REDUCTION.--If the Social Services
240	Estimating Conference forecasts an increase in the temporary
241	cash assistance caseload and there is insufficient funding, a
242	proportional reduction as determined by the department shall be
243	applied to the levels of temporary cash assistance in subsection
244	(10)(11).
245	Section 4.  Section 414.105, Florida Statutes, is amended
246	to read:
247	414.105  Time limitations of temporary cash
248	assistance.--Except as Unless otherwise expressly provided in
249	this section chapter, an applicant or current participant shall
250	receive temporary cash assistance for no episodes of not more
251	than 24 cumulative months in any consecutive 60-month period
252	that begins with the first month of participation and for not
253	more than a lifetime cumulative total of 48 months as an adult,
254	unless otherwise provided by law.
255	(1)  The time limitation for episodes of temporary cash
256	assistance may not exceed 36 cumulative months in any
257	consecutive 72-month period that begins with the first month of
258	participation and may not exceed a lifetime cumulative total of
259	48 months of temporary cash assistance as an adult, for cases in
260	which the participant:
261	(a)  Has received aid to families with dependent children
262	or temporary cash assistance for any 36 months of the preceding
263	60 months; or
264	(b)  Is a custodial parent under the age of 24 who:
265	1.  Has not completed a high school education or its
266	equivalent; or
267	2.  Had little or no work experience in the preceding year.
268	(2)  A participant who is not exempt from work activity
269	requirements may earn 1 month of eligibility for extended
270	temporary cash assistance, up to a maximum of 12 additional
271	months, for each month in which the participant is fully
272	complying with the work activities of the WAGES Program through
273	subsidized or unsubsidized public or private sector employment.
274	The period for which extended temporary cash assistance is
275	granted shall be based upon compliance with WAGES Program
276	requirements beginning October 1, 1996.
277	(3)  A WAGES participant who is not exempt from work
278	activity requirements and who participates in a recommended
279	mental health or substance abuse treatment program may earn 1
280	month of eligibility for extended temporary cash assistance, up
281	to a maximum of 12 additional months, for each month in which
282	the individual fully complies with the requirements of the
283	treatment program. This treatment credit may be awarded only
284	upon the successful completion of the treatment program and only
285	once during the 48-month time limit.
286	(1)(4)  A participant may not receive temporary cash
287	assistance under this subsection, in combination with other
288	periods of temporary cash assistance for longer than a lifetime
289	limit of 48 months. Hardship exemptions to the time limitations
290	provided in this section of this chapter shall be limited to 20
291	percent of the average monthly caseload, as determined by the
292	department in cooperation with Workforce Florida, Inc. Criteria
293	for hardship exemptions include:
294	(a)  Diligent participation in activities, combined with
295	inability to obtain employment.
296	(b)  Diligent participation in activities, combined with
297	extraordinary barriers to employment, including the conditions
298	which may result in an exemption to work requirements.
299	(c)  Significant barriers to employment, combined with a
300	need for additional time.
301	(d)  Diligent participation in activities and a need by
302	teen parents for an exemption in order to have 24 months of
303	eligibility beyond receipt of the high school diploma or
304	equivalent.
305	(e)  A recommendation of extension for a minor child of a
306	participating family that has reached the end of the eligibility
307	period for temporary cash assistance. The recommendation must be
308	the result of a review which determines that the termination of
309	the child's temporary cash assistance would be likely to result
310	in the child being placed into emergency shelter or foster care.
311	Temporary cash assistance shall be provided through a protective
312	payee. Staff of the Child Care Services Program Office of the
313	department shall conduct all assessments in each case in which
314	it appears a child may require continuation of temporary cash
315	assistance through a protective payee.
316	(2)(5)  In addition to the exemptions listed in subsection
317	(3), A victim of domestic violence may be granted a hardship
318	exemption if the effects of such domestic violence delay or
319	otherwise interrupt or adversely affect the individual's
320	participation in the program.
321	(3)(6)  The department, in cooperation with Workforce
322	Florida, Inc., shall establish a procedure for approving
323	hardship exemptions and for reviewing hardship cases at least
324	once every 2 years. Regional workforce boards may assist in
325	making these determinations. The composition of any review panel
326	must generally reflect the racial, gender, and ethnic diversity
327	of the community as a whole. Members of a review panel shall
328	serve without compensation but are entitled to receive
329	reimbursement for per diem and travel expenses as provided in s.
330	112.061.
331	(4)(7)  For individuals who have moved from another state,
332	the months in which temporary cash assistance was received under
333	a block grant program that provided temporary assistance for
334	needy families in any state shall count towards the cumulative
335	48-month benefit limit for temporary cash assistance.
336	(5)(8)  For individuals subject to a time limitation under
337	the Family Transition Act of 1993, that time limitation shall
338	continue to apply. Months in which temporary cash assistance was
339	received through the family transition program shall count
340	towards the time limitations under this section chapter.
341	(6)(9)  Except when temporary cash assistance was received
342	through the family transition program, the calculation of the
343	time limitation for temporary cash assistance shall begin with
344	the first month of receipt of temporary cash assistance after
345	the effective date of this act.
346	(7)(10)  Child-only cases are not subject to time
347	limitations, and temporary cash assistance received while an
348	individual is a minor child shall not count towards time
349	limitations.
350	(8)(11)  An individual who receives benefits under the
351	Supplemental Security Income (SSI) program or the Social
352	Security Disability Insurance (SSDI) program is not subject to
353	time limitations. An individual who has applied for supplemental
354	security income (SSI) or supplemental security disability income
355	(SSDI), but has not yet received a determination must be granted
356	an extension of time limits until the individual receives a
357	final determination on the SSI or SSDI application.
358	Determination shall be considered final once all appeals have
359	been exhausted, benefits have been received, or denial has been
360	accepted without any appeal. While awaiting a final
361	determination, the such individual must continue to meet all
362	program requirements assigned to the participant based on
363	medical ability to comply. If a final determination results in
364	the denial of benefits for supplemental security income (SSI) or
365	supplemental security disability income (SSDI), any period
366	during which the recipient received assistance under this
367	section chapter shall be counted in count against the
368	recipient's 48-month lifetime limit.
369	(9)(12)  A person who is totally responsible for the
370	personal care of a disabled family member is not subject to time
371	limitations if the need for the care is verified and alternative
372	care is not available for the family member. The department
373	shall annually evaluate an individual's qualifications for this
374	exemption.
375	(10)(13)  A member of the staff of the regional workforce
376	board shall interview and assess the employment prospects and
377	barriers of each participant who is within 6 months of reaching
378	the 48-month 24-month time limit. The staff member shall assist
379	the participant in identifying actions necessary to become
380	employed prior to reaching the benefit time limit for temporary
381	cash assistance and, if appropriate, shall refer the participant
382	for services that could facilitate employment.
383	Section 5.  Subsections (3) through (5) of section 414.32,
384	Florida Statutes, are renumbered as subsections (2) through (4),
385	respectively, and present subsection (2) of said section is
386	amended to read:
387	414.32  Prohibitions and restrictions with respect to food
388	stamps.--
389	(2)  DISQUALIFICATION FOR CHILD SUPPORT ARREARS.--An
390	individual is ineligible to participate in the food stamp
391	program as a member of a food stamp assistance group during any
392	month in which the individual is delinquent in any payment due
393	under a court order for the support of a child. This subsection
394	does not apply if the court is allowing the individual to delay
395	payment for the support of a child or if the individual is
396	complying with a payment plan approved by the court or the state
397	agency that administers the child support enforcement program.
398	Section 6.  Subsection (3) of section 445.048, Florida
399	Statutes, as amended by chapter 2004-269, Laws of Florida, is
400	amended to read:
401	445.048  Passport to Economic Progress demonstration
402	program.--
403	(3)  INCOME DISREGARD.--In order to provide an additional
404	incentive for employment, and notwithstanding the amount
405	specified in s. 414.095(11)(12), for individuals residing in the
406	areas designated for this demonstration program, the first $300
407	plus one-half of the remainder of earned income shall be
408	disregarded in determining eligibility for temporary cash
409	assistance. All other conditions and requirements of s.
410	414.095(11)(12) shall continue to apply to such individuals.
411	Section 7.  Section 114 of chapter 2004-267, Laws of
412	Florida, is repealed.
413	Section 8.  This act shall take effect July 1, 2005.

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