Florida Senate - 2005 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 408
Barcode 940320
CHAMBER ACTION
Senate House
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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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Florida Senate - 2005 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 408
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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
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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
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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).
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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
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Florida Senate - 2005 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 408
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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
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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
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Florida Senate - 2005 CONFERENCE COMMITTEE AMENDMENT
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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
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Florida Senate - 2005 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 408
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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.
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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
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Florida Senate - 2005 CONFERENCE COMMITTEE AMENDMENT
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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
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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.
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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
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Florida Senate - 2005 CONFERENCE COMMITTEE AMENDMENT
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1 eligibility determination functions of the
2 Economic Self-Sufficiency Services program;
3 providing an effective date
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