Florida Senate - 2005           CONFERENCE COMMITTEE AMENDMENT
    Bill No. CS for SB 408
                        Barcode 940320
                            CHAMBER ACTION
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       05/06/2005 01:09 PM         .         05/06/2005 21:52:11
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11  The Conference Committee on CS for SB 408 recommended the
12  following amendment:
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14         Conference Committee Amendment (with title amendment) 
15         Delete everything after the enacting clause and insert:
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18         Section 1.  Subsection (12) of section 409.256AME="Page1Line19">19  Florida Statutes, is amended to read:
20         409.2564  Actions for support.--
21         (12)  The Title IV-D agency shall review child support
22  orders in IV-D cases at least every 3 years upon request by
23  either party, or the agency in cases where there is an
24  assignment of support to the state under s. 414.095(7) s.
25  414.095(8), and may seek adjustment of the order if
26  appropriate under the guidelines established in s. 61.30. Not
27  less than once every 3 years the IV-D agency shall provide
28  notice to the parties subject to the order informing them of
29  their right to request a review and, if appropriate, an
30  adjustment of the child support order. Said notice requirement
31  may be met by including appropriate language in the initial
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    3:04 PM   04/30/05                                c0408.ha.001

Florida Senate - 2005 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 408 Barcode 940320 1 support order or any subsequent orders. 2 Section 2. Subsections (5) through (19) of section 3 414.095, Florida Statutes, are renumbered as subsections (4) 4 through (18), respectively, and paragraph (a) of subsection 5 (2), present subsection (4), paragraphs (c) and (e) of present 6 subsection (15), and present subsection (17) of that section 7 are amended to read: 8 414.095 Determining eligibility for temporary cash 9 assistance.-- 10 (2) ADDITIONAL ELIGIBILITY REQUIREMENTS.-- 11 (a) To be eligible for services or temporary cash 12 assistance and Medicaid: 13 1. An applicant must be a United States citizen, or a 14 qualified noncitizen, as defined in this section. 15 2. An applicant must be a legal resident of the state. 16 3. Each member of a family must provide to the 17 department the member's social security number or shall 18 provide proof of application for a social security number. An 19 individual who fails to provide to the department a social 20 security number, or proof of application for a social security 21 number, is not eligible to participate in the program. 22 4. A minor child must reside with a custodial parent 23 or parents, or with a relative caretaker who is within the 24 specified degree of blood relationship as defined by 45 C.F.R. 25 part 233 under this chapter, or, if the minor is a teen parent 26 with a child, in a setting approved by the department as 27 provided in subsection (14). 28 5. Each family must have a minor child and meet the 29 income and resource requirements of the program. All minor 30 children who live in the family, as well as the parents of the 31 minor children, shall be included in the eligibility 2 3:04 PM 04/30/05 c0408.ha.001
Florida Senate - 2005 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 408 Barcode 940320 1 determination unless specifically excluded. 2 (4) STEPPARENTS.--A family that contains a stepparent 3 has the following special eligibility options if the family 4 meets all other eligibility requirements: 5 (a) A family that does not contain a mutual minor 6 child has the option to include or exclude a stepparent in 7 determining eligibility if the stepparent's monthly gross 8 income is less than 185 percent of the federal poverty level 9 for a two-person family. 10 1. If the stepparent chooses to be excluded from the 11 family, temporary cash assistance, without shelter expense, 12 shall be provided for the child. The parent of the child must 13 comply with work activity requirements as provided in s. 14 445.024. Income and resources from the stepparent may not be 15 included in determining eligibility; however, any income and 16 resources from the parent of the child shall be included in 17 determining eligibility. 18 2. If a stepparent chooses to be included in the 19 family, the department shall determine eligibility using the 20 requirements for a nonstepparent family. A stepparent whose 21 income is equal to or greater than 185 percent of the federal 22 poverty level for a two-person family does not have the option 23 to be excluded from the family, and all income and resources 24 of the stepparent shall be included in determining the 25 family's eligibility. 26 (b) A family that contains a mutual minor child does 27 not have the option to exclude a stepparent from the family, 28 and the income and resources from the stepparent shall be 29 included in determining eligibility. 30 (c) A family that contains two stepparents, with or 31 without a mutual minor child, does not have the option to 3 3:04 PM 04/30/05 c0408.ha.001
Florida Senate - 2005 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 408 Barcode 940320 1 exclude a stepparent from the family, and the income and 2 resources from each stepparent must be included in determining 3 eligibility. 4 (14)(15) PROHIBITIONS AND RESTRICTIONS.-- 5 (c) The teen parent is not required to live with a 6 parent, legal guardian, or other adult caretaker relative if 7 the department determines that: 8 1. The teen parent has suffered or might suffer harm 9 in the home of the parent, legal guardian, or adult caretaker 10 relative. 11 2. The requirement is not in the best interest of the 12 teen parent or the child. If the department determines that it 13 is not in the best interest of the teen parent or child to 14 reside with a parent, legal guardian, or other adult caretaker 15 relative, the department shall provide or assist the teen 16 parent in finding a suitable home, a second-chance home, a 17 maternity home, or other appropriate adult-supervised 18 supportive living arrangement. Such living arrangement may 19 include a shelter obligation in accordance with subsection 20 (10) (11). 21 22 The department may not delay providing temporary cash 23 assistance to the teen parent through the alternative payee 24 designated by the department pending a determination as to 25 where the teen parent should live and sufficient time for the 26 move itself. A teen parent determined to need placement that 27 is unavailable shall continue to be eligible for temporary 28 cash assistance so long as the teen parent cooperates with the 29 department and the Department of Health. The teen parent shall 30 be provided with counseling to make the transition from 31 independence to supervised living and with a choice of living 4 3:04 PM 04/30/05 c0408.ha.001
Florida Senate - 2005 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 408 Barcode 940320 1 arrangements. 2 (e) If a parent or caretaker relative does not assign 3 any rights a family member may have to support from any other 4 person as required by subsection (7) (8), temporary cash 5 assistance to the entire family shall be denied until the 6 parent or caretaker relative assigns the rights to the 7 department. 8 (16)(17) PROPORTIONAL REDUCTION.--If the Social 9 Services Estimating Conference forecasts an increase in the 10 temporary cash assistance caseload and there is insufficient 11 funding, a proportional reduction as determined by the 12 department shall be applied to the levels of temporary cash 13 assistance in subsection (10) (11). 14 Section 3. Section 414.105, Florida Statutes, is 15 amended to read: 16 414.105 Time limitations of temporary cash 17 assistance.--Except as Unless otherwise expressly provided in 18 this section chapter, an applicant or current participant 19 shall receive temporary cash assistance for no episodes of not 20 more than 24 cumulative months in any consecutive 60-month 21 period that begins with the first month of participation and 22 for not more than a lifetime cumulative total of 48 months as 23 an adult, unless otherwise provided by law. 24 (1) The time limitation for episodes of temporary cash 25 assistance may not exceed 36 cumulative months in any 26 consecutive 72-month period that begins with the first month 27 of participation and may not exceed a lifetime cumulative 28 total of 48 months of temporary cash assistance as an adult, 29 for cases in which the participant: 30 (a) Has received aid to families with dependent 31 children or temporary cash assistance for any 36 months of the 5 3:04 PM 04/30/05 c0408.ha.001
Florida Senate - 2005 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 408 Barcode 940320 1 preceding 60 months; or 2 (b) Is a custodial parent under the age of 24 who: 3 1. Has not completed a high school education or its 4 equivalent; or 5 2. Had little or no work experience in the preceding 6 year. 7 (2) A participant who is not exempt from work activity 8 requirements may earn 1 month of eligibility for extended 9 temporary cash assistance, up to a maximum of 12 additional 10 months, for each month in which the participant is fully 11 complying with the work activities of the WAGES Program 12 through subsidized or unsubsidized public or private sector 13 employment. The period for which extended temporary cash 14 assistance is granted shall be based upon compliance with 15 WAGES Program requirements beginning October 1, 1996. 16 (3) A WAGES participant who is not exempt from work 17 activity requirements and who participates in a recommended 18 mental health or substance abuse treatment program may earn 1 19 month of eligibility for extended temporary cash assistance, 20 up to a maximum of 12 additional months, for each month in 21 which the individual fully complies with the requirements of 22 the treatment program. This treatment credit may be awarded 23 only upon the successful completion of the treatment program 24 and only once during the 48-month time limit. 25 (1)(4) A participant may not receive temporary cash 26 assistance under this subsection, in combination with other 27 periods of temporary cash assistance for longer than a 28 lifetime limit of 48 months. Hardship exemptions to the time 29 limitations provided in this section of this chapter shall be 30 limited to 20 percent of the average monthly caseload, as 31 determined by the department in cooperation with Workforce 6 3:04 PM 04/30/05 c0408.ha.001
Florida Senate - 2005 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 408 Barcode 940320 1 Florida, Inc. Criteria for hardship exemptions include: 2 (a) Diligent participation in activities, combined 3 with inability to obtain employment. 4 (b) Diligent participation in activities, combined 5 with extraordinary barriers to employment, including the 6 conditions which may result in an exemption to work 7 requirements. 8 (c) Significant barriers to employment, combined with 9 a need for additional time. 10 (d) Diligent participation in activities and a need by 11 teen parents for an exemption in order to have 24 months of 12 eligibility beyond receipt of the high school diploma or 13 equivalent. 14 (e) A recommendation of extension for a minor child of 15 a participating family that has reached the end of the 16 eligibility period for temporary cash assistance. The 17 recommendation must be the result of a review which determines 18 that the termination of the child's temporary cash assistance 19 would be likely to result in the child being placed into 20 emergency shelter or foster care. Temporary cash assistance 21 shall be provided through a protective payee. Staff of the 22 Child Care Services Program Office of the department shall 23 conduct all assessments in each case in which it appears a 24 child may require continuation of temporary cash assistance 25 through a protective payee. 26 (2)(5) In addition to the exemptions listed in 27 subsection (3), A victim of domestic violence may be granted a 28 hardship exemption if the effects of such domestic violence 29 delay or otherwise interrupt or adversely affect the 30 individual's participation in the program. 31 (3)(6) The department, in cooperation with Workforce 7 3:04 PM 04/30/05 c0408.ha.001
Florida Senate - 2005 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 408 Barcode 940320 1 Florida, Inc., shall establish a procedure for approving 2 hardship exemptions and for reviewing hardship cases at least 3 once every 2 years. Regional workforce boards may assist in 4 making these determinations. The composition of any review 5 panel must generally reflect the racial, gender, and ethnic 6 diversity of the community as a whole. Members of a review 7 panel shall serve without compensation but are entitled to 8 receive reimbursement for per diem and travel expenses as 9 provided in s. 112.061. 10 (4)(7) For individuals who have moved from another 11 state, the months in which temporary cash assistance was 12 received under a block grant program that provided temporary 13 assistance for needy families in any state shall count towards 14 the cumulative 48-month benefit limit for temporary cash 15 assistance. 16 (5)(8) For individuals subject to a time limitation 17 under the Family Transition Act of 1993, that time limitation 18 shall continue to apply. Months in which temporary cash 19 assistance was received through the family transition program 20 shall count towards the time limitations under this section 21 chapter. 22 (6)(9) Except when temporary cash assistance was 23 received through the family transition program, the 24 calculation of the time limitation for temporary cash 25 assistance shall begin with the first month of receipt of 26 temporary cash assistance after the effective date of this 27 act. 28 (7)(10) Child-only cases are not subject to time 29 limitations, and temporary cash assistance received while an 30 individual is a minor child shall not count towards time 31 limitations. 8 3:04 PM 04/30/05 c0408.ha.001
Florida Senate - 2005 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 408 Barcode 940320 1 (8)(11) An individual who receives benefits under the 2 Supplemental Security Income (SSI) program or the Social 3 Security Disability Insurance (SSDI) program is not subject to 4 time limitations. An individual who has applied for 5 supplemental security income (SSI) or supplemental security 6 disability income (SSDI), but has not yet received a 7 determination must be granted an extension of time limits 8 until the individual receives a final determination on the SSI 9 or SSDI application. Determination shall be considered final 10 once all appeals have been exhausted, benefits have been 11 received, or denial has been accepted without any appeal. 12 While awaiting a final determination, the such individual must 13 continue to meet all program requirements assigned to the 14 participant based on medical ability to comply. If a final 15 determination results in the denial of benefits for 16 supplemental security income (SSI) or supplemental security 17 disability income (SSDI), any period during which the 18 recipient received assistance under this section chapter shall 19 be counted in count against the recipient's 48-month lifetime 20 limit. 21 (9)(12) A person who is totally responsible for the 22 personal care of a disabled family member is not subject to 23 time limitations if the need for the care is verified and 24 alternative care is not available for the family member. The 25 department shall annually evaluate an individual's 26 qualifications for this exemption. 27 (10)(13) A member of the staff of the regional 28 workforce board shall interview and assess the employment 29 prospects and barriers of each participant who is within 6 30 months of reaching the 48-month 24-month time limit. The staff 31 member shall assist the participant in identifying actions 9 3:04 PM 04/30/05 c0408.ha.001
Florida Senate - 2005 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 408 Barcode 940320 1 necessary to become employed prior to reaching the benefit 2 time limit for temporary cash assistance and, if appropriate, 3 shall refer the participant for services that could facilitate 4 employment. 5 Section 4. Subsections (3) through (5) of section 6 414.32, Florida Statutes, are renumbered as subsections (2) 7 through (4), respectively, and present subsection (2) of that 8 section is amended to read: 9 414.32 Prohibitions and restrictions with respect to 10 food stamps.-- 11 (2) DISQUALIFICATION FOR CHILD SUPPORT ARREARS.--An 12 individual is ineligible to participate in the food stamp 13 program as a member of a food stamp assistance group during 14 any month in which the individual is delinquent in any payment 15 due under a court order for the support of a child. This 16 subsection does not apply if the court is allowing the 17 individual to delay payment for the support of a child or if 18 the individual is complying with a payment plan approved by 19 the court or the state agency that administers the child 20 support enforcement program. 21 Section 5. Subsection (3) of section 445.048, Florida 22 Statutes, as amended by chapter 2004-269, Laws of Florida, is 23 amended to read: 24 445.048 Passport to Economic Progress demonstration 25 program.-- 26 (3) INCOME DISREGARD.--In order to provide an 27 additional incentive for employment, and notwithstanding the 28 amount specified in s. 414.095(11) s. 414.095(12), for 29 individuals residing in the areas designated for this 30 demonstration program, the first $300 plus one-half of the 31 remainder of earned income shall be disregarded in determining 10 3:04 PM 04/30/05 c0408.ha.001
Florida Senate - 2005 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 408 Barcode 940320 1 eligibility for temporary cash assistance. All other 2 conditions and requirements of s. 414.095(11) s. 414.095(12) 3 shall continue to apply to such individuals. 4 Section 6. Section 114 of chapter 2004-267, Laws of 5 Florida, is repealed. 6 Section 7. This act shall take effect July 1, 2005. 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 Delete everything before the enacting clause 12 13 and insert: 14 A bill to be entitled 15 An act relating to economic eligibility 16 services; amending s. 409.2564, F.S.; 17 correcting a cross-reference; amending s. 18 414.095, F.S.; clarifying eligibility for 19 temporary cash assistance for teen parents; 20 deleting additional eligibility options 21 relating to families containing a stepparent; 22 correcting cross-references; amending s. 23 414.105, F.S.; aligning time limitations for 24 temporary cash assistance with federal 25 requirements; deleting provisions relating to 26 review panels; amending s. 414.32, F.S.; 27 deleting food stamp sanctions for persons who 28 are delinquent on child support payments; 29 amending s. 445.048, F.S.; correcting a 30 cross-reference; repealing s. 114 of ch. 31 2004-267, Laws of Florida, relating to the 11 3:04 PM 04/30/05 c0408.ha.001
Florida Senate - 2005 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 408 Barcode 940320 1 eligibility determination functions of the 2 Economic Self-Sufficiency Services program; 3 providing an effective date 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 12 3:04 PM 04/30/05 c0408.ha.001