Amendment
Bill No. 0408

Amendment No. 381627

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

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