Senate Bill sb1926c1
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Florida Senate - 2007 CS for SB 1926
By the Committees on Children, Families, and Elder Affairs;
and Commerce
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1 A bill to be entitled
2 An act relating to workforce services; amending
3 s. 445.024, F.S., relating to work activities
4 for participants in the temporary cash
5 assistance program; revising definitions to
6 conform to the federal law governing work
7 requirements; revising certain requirements for
8 and duties of the regional workforce boards
9 with respect to work requirements for program
10 participants; amending s. 445.032, F.S.;
11 clarifying circumstances under which
12 transitional child care is available to former
13 participants in the welfare transition program
14 and certain other individuals; amending s.
15 402.305, F.S., relating to licensing standards;
16 conforming cross-references; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Section 445.024, Florida Statutes, is
22 amended to read:
23 445.024 Work requirements.--
24 (1) WORK ACTIVITIES.--The Agency for Workforce
25 Innovation may develop activities under each of the following
26 categories of work activities. The following categories of
27 work activities, based on federal law and regulations, may be
28 used individually or in combination to satisfy the work
29 requirements for a participant in the temporary cash
30 assistance program. The work activities must meet the
31 respective federal definitions.:
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1 (a) Unsubsidized employment;.--Unsubsidized employment
2 is full-time employment or part-time employment that is not
3 directly supplemented by federal or state funds. Paid
4 apprenticeship and cooperative education activities are
5 included in this activity.
6 (b) Subsidized private-sector private sector
7 employment;.--Subsidized private sector employment is
8 employment in a private for-profit enterprise or a private
9 not-for-profit enterprise which is directly supplemented by
10 federal or state funds. A subsidy may be provided in one or
11 more of the forms listed in this paragraph.
12 1. Work supplementation.--A work supplementation
13 subsidy diverts a participant's temporary cash assistance
14 under the program to the employer. The employer must pay the
15 participant wages that equal or exceed the applicable federal
16 minimum wage. Work supplementation may not exceed 6 months. At
17 the end of the supplementation period, the employer is
18 expected to retain the participant as a regular employee
19 without receiving a subsidy. A work supplementation agreement
20 may not be continued with any employer who exhibits a pattern
21 of failing to provide participants with continued employment
22 after the period of work supplementation ends.
23 2. On-the-job training.--On-the-job training is
24 full-time, paid employment in which the employer or an
25 educational institution, in cooperation with the employer,
26 provides training needed for the participant to perform the
27 skills required for the position. The employer or the
28 educational institution on behalf of the employer receives a
29 subsidy to offset the cost of the training provided to the
30 participant. Upon satisfactory completion of the training, the
31 employer is expected to retain the participant as a regular
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1 employee without receiving a subsidy. An on-the-job training
2 agreement may not be continued with any employer who exhibits
3 a pattern of failing to provide participants with continued
4 employment after the on-the-job training subsidy ends.
5 3. Incentive payments.--Regional workforce boards may
6 provide additional incentive payments to encourage employers
7 to employ program participants. Incentive payments may include
8 payments to encourage the employment of hard-to-place
9 participants, in which case the amount of the payment shall be
10 weighted proportionally to the extent to which the participant
11 has limitations associated with the long-term receipt of
12 welfare and difficulty in sustaining employment. Incentive
13 payments may also include payments to encourage employers to
14 provide health care insurance benefits to current or former
15 program participants. In establishing incentive payments,
16 regional workforce boards shall consider the extent of prior
17 receipt of welfare, lack of employment experience, lack of
18 education, lack of job skills, and other appropriate factors.
19 A participant who has complied with program requirements and
20 who is approaching the time limit for receiving temporary cash
21 assistance may be defined as "hard to place." Incentive
22 payments may include payments in which an initial payment is
23 made to the employer upon the employment of a participant, and
24 the majority of the incentive payment is made after the
25 employer retains the participant as a full-time employee for
26 at least 12 months. An incentive agreement may not be
27 continued with any employer who exhibits a pattern of failing
28 to provide participants with continued employment after the
29 incentive payments cease.
30 4. Tax credits.--An employer who employs a program
31 participant may qualify for enterprise zone property tax
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1 credits under s. 220.182, the tax refund program for qualified
2 target industry businesses under s. 288.106, or other federal
3 or state tax benefits. The regional workforce board shall
4 provide information and assistance, as appropriate, to use
5 such credits to accomplish program goals.
6 5. Training bonus.--An employer who hires a
7 participant in the welfare transition program and pays the
8 participant a wage that precludes the participant's
9 eligibility for temporary cash assistance may receive $250 for
10 each full month of employment for a period that may not exceed
11 3 months. An employer who receives a training bonus for an
12 employee may not receive a work supplementation subsidy for
13 the same employee. "Employment" is defined as 35 hours per
14 week at a wage of no less than minimum wage.
15 (c) Subsidized public-sector public sector
16 employment;.--Subsidized public sector employment is
17 employment by an agency of the federal, state, or local
18 government which is directly supplemented by federal or state
19 funds. The applicable subsidies provided under paragraph (b)
20 may be used to subsidize employment in the public sector,
21 except that priority for subsidized employment shall be
22 employment in the private sector. Public sector employment is
23 distinguished from work experience in that the participant is
24 paid wages and receives the same benefits as a nonsubsidized
25 employee who performs similar work. Work-study activities
26 administered by educational institutions are included in this
27 activity.
28 (d) On-the-job training;
29 (e)(d) Community service programs work
30 experience;.--Community service work experience is job
31 training experience at a supervised public or private
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1 not-for-profit agency. A participant shall receive temporary
2 cash assistance in the form of wages, which, when combined
3 with the value of food stamps awarded to the participant, is
4 proportional to the amount of time worked. A participant in
5 the welfare transition program or the Food Stamp Employment
6 and Training program assigned to community service work
7 experience shall be deemed an employee of the state for
8 purposes of workers' compensation coverage and is subject to
9 the requirements of the drug-free workplace program. Community
10 service work experience may be selected as an activity for a
11 participant who needs to increase employability by improving
12 his or her interpersonal skills, job-retention skills, stress
13 management, and job problem solving, and by learning to attain
14 a balance between job and personal responsibilities. Community
15 service is intended to:
16 1. Assess compliance with requirements of the welfare
17 transition program before referral of the participant to
18 costly services such as career education;
19 2. Maintain work activity status while the participant
20 awaits placement into paid employment or training;
21 3. Fulfill a clinical practicum or internship
22 requirement related to employment; or
23 4. Provide work-based mentoring.
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25 As used in this paragraph, the terms "community service
26 experience," "community work," and "workfare" are synonymous.
27 (f)(e) Work experience;.--Work experience is an
28 appropriate work activity for participants who lack
29 preparation for or experience in the workforce. It must
30 combine a job training activity in a public or private
31 not-for-profit agency with education and training related to
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1 an employment goal. To qualify as a work activity, work
2 experience must include education and training in addition to
3 the time required by the work activity, and the work activity
4 must be intensively supervised and structured. Regional
5 workforce boards shall contract for any services provided for
6 clients who are assigned to this activity and shall require
7 performance benchmarks, goals, outcomes, and time limits
8 designed to assure that the participant moves toward full-time
9 paid employment. A participant shall receive temporary cash
10 assistance proportional to the time worked. A participant
11 assigned to work experience is an employee of the state for
12 purposes of workers' compensation coverage and is subject to
13 the requirements of the drug-free workplace program.
14 (g)(f) Job search and job readiness assistance;.--Job
15 search assistance may include supervised or unsupervised
16 job-seeking activities. Job readiness assistance provides
17 support for job-seeking activities, which may include:
18 1. Orientation to the world of work and basic
19 job-seeking and job retention skills.
20 2. Instruction in completing an application for
21 employment and writing a resume.
22 3. Instruction in conducting oneself during a job
23 interview, including appropriate dress.
24 4. Instruction in how to retain a job, plan a career,
25 and perform successfully in the workplace.
26
27 Job readiness assistance may also include providing a
28 participant with access to an employment resource center that
29 contains job listings, telephones, facsimile machines,
30 typewriters, and word processors. Job search and job readiness
31 activities may be used in conjunction with other program
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1 activities, such as work experience, but may not be the
2 primary work activity for longer than the length of time
3 permitted under federal law.
4 (h)(g) Vocational educational career education or
5 training;.--Career education or training is education or
6 training designed to provide participants with the skills and
7 certification necessary for employment in an occupational
8 area. Career education or training may be used as a primary
9 program activity for participants when it has been determined
10 that the individual has demonstrated compliance with other
11 phases of program participation and successful completion of
12 the career education or training is likely to result in
13 employment entry at a higher wage than the participant would
14 have been likely to attain without completion of the career
15 education or training. Career education or training may be
16 combined with other program activities and also may be used to
17 upgrade skills or prepare for a higher paying occupational
18 area for a participant who is employed.
19 1. Unless otherwise provided in this section, career
20 education shall not be used as the primary program activity
21 for a period which exceeds 12 months. The 12-month restriction
22 applies to instruction in a career education program and does
23 not include remediation of basic skills, including English
24 language proficiency, if remediation is necessary to enable a
25 participant to benefit from a career education program. Any
26 necessary remediation must be completed before a participant
27 is referred to career education as the primary work activity.
28 In addition, use of career education or training shall be
29 restricted to the limitation established in federal law.
30 Career education included in a program leading to a high
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1 school diploma shall not be considered career education for
2 purposes of this section.
3 2. When possible, a provider of career education or
4 training shall use funds provided by funding sources other
5 than the regional workforce board. The regional workforce
6 board may provide additional funds to a career education or
7 training provider only if payment is made pursuant to a
8 performance-based contract. Under a performance-based
9 contract, the provider may be partially paid when a
10 participant completes education or training, but the majority
11 of payment shall be made following the participant's
12 employment at a specific wage or job retention for a specific
13 duration. Performance-based payments made under this
14 subparagraph are limited to education or training for targeted
15 occupations identified by the Workforce Estimating Conference
16 under s. 216.136, or other programs identified by Workforce
17 Florida, Inc., as beneficial to meet the needs of designated
18 groups who are hard to place. If the contract pays the full
19 cost of training, the community college or school district may
20 not report the participants for other state funding.
21 (i)(h) Job skills training directly related to
22 employment;.--Job skills training includes customized training
23 designed to meet the needs of a specific employer or a
24 specific industry. Job skills training shall include literacy
25 instruction, and may include English proficiency instruction
26 or Spanish language or other language instruction if necessary
27 to enable a participant to perform in a specific job or job
28 training program or if the training enhances employment
29 opportunities in the local community. A participant may be
30 required to complete an entrance assessment or test before
31 entering into job skills training.
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1 (j)(i) Education directly related to employment;
2 services related to employment for participants 19 years of
3 age or younger.--Education services provided under this
4 paragraph are designed to prepare a participant for employment
5 in an occupation. The agency shall coordinate education
6 services with the school-to-work activities provided under s.
7 1006.02. Activities provided under this paragraph are
8 restricted to participants 19 years of age or younger who have
9 not completed high school or obtained a high school
10 equivalency diploma.
11 (k) Satisfactory attendance at secondary school or in
12 a course of study leading to a graduate equivalency diploma;
13 or
14 (j) School attendance.--Attendance at a high school or
15 attendance at a program designed to prepare the participant to
16 receive a high school equivalency diploma is a required
17 program activity for each participant 19 years of age or
18 younger who:
19 1. Has not completed high school or obtained a high
20 school equivalency diploma;
21 2. Is a dependent child or a head of household; and
22 3. For whom it has not been determined that another
23 program activity is more appropriate.
24 (k) Teen parent services.--Participation in medical,
25 educational, counseling, and other services that are part of a
26 comprehensive program is a required activity for each teen
27 parent who participates in the welfare transition program.
28 (l) Extended education and training.--Notwithstanding
29 any other provisions of this section to the contrary, the
30 board of directors of Workforce Florida, Inc., may approve a
31 plan by a regional workforce board for assigning, as work
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1 requirements, educational activities that exceed or are not
2 included in those provided elsewhere in this section and that
3 do not comply with federal work participation requirement
4 limitations. In order to be eligible to implement this
5 provision, a regional workforce board must continue to exceed
6 the overall federal work participation rate requirements. For
7 purposes of this paragraph, the board of directors of
8 Workforce Florida, Inc., may adjust the regional participation
9 requirement based on regional caseload decline. However, this
10 adjustment is limited to no more than the adjustment produced
11 by the calculation used to generate federal adjustments to the
12 participation requirement due to caseload decline.
13 (m) GED preparation and literacy
14 education.--Satisfactory attendance at secondary school or in
15 a course of study leading to a graduate equivalency diploma,
16 if a participant has not completed secondary school or
17 received such a diploma. English language proficiency
18 training may be included as a part of the education if it is
19 deemed the individual requires such training to complete
20 secondary school or to attain a graduate equivalency diploma.
21 To calculate countable hours attributable to education, a
22 participant may earn study credits equal to the number of
23 actual hours spent in formal training per week, but the total
24 number of hours earned for actual hours spent in formal
25 training and studying may not exceed a one to one and one-half
26 ratio for the week. Countable hours are subject to the
27 restrictions contained in 45 C.F.R. s. 261.31.
28 (l)(n) Providing child care services.--Providing child
29 care services to an individual who is participating in a
30 community service program pursuant to this section.
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1 (2) WORK ACTIVITY REQUIREMENTS.--Each individual who
2 is not otherwise exempt from work activity requirements must
3 participate in a work activity, except for community service
4 work experience, for the maximum number of hours allowable
5 under federal law; however, a, provided that no participant
6 may not be required to work more than 40 hours per week or
7 less than the minimum number of hours required by federal law.
8 The maximum number of hours each month that a family
9 participant may be required to participate in community
10 service or work experience programs activities is the greater
11 of: the number of hours that would result from dividing the
12 family's monthly amount for temporary cash assistance and food
13 stamps by the applicable federal minimum wage and then
14 dividing that result by the number of participants in the
15 family who participate in community service activities, or the
16 minimum required to meet federal participation requirements.
17 However, in no case shall the maximum hours required per week
18 for community service or work experience may not exceed 40
19 hours. An applicant shall be referred for employment at the
20 time of application if the applicant is eligible to
21 participate in the welfare transition program.
22 (a) A participant in a work activity may also be
23 required to enroll in and attend a course of instruction
24 designed to increase literacy skills to a level necessary for
25 obtaining or retaining employment if, provided that the
26 instruction plus the work activity does not require more than
27 40 hours per week.
28 (b) Program funds may be used, as available, to
29 support the efforts of a participant who meets the work
30 activity requirements and who wishes to enroll in or continue
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1 enrollment in an adult general education program or other
2 training programs a career education program.
3 (3) EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The
4 following individuals are exempt from work activity
5 requirements:
6 (a) A minor child under 16 years of age.
7 (a)(b) An individual who receives benefits under the
8 Supplemental Security Income program or the Social Security
9 Disability Insurance program.
10 (b)(c) Adults who are not defined as work-eligible
11 individuals under federal law included in the calculation of
12 temporary cash assistance in child-only cases.
13 (c)(d) A single One custodial parent of with a child
14 under 3 months of age, except that the parent may be required
15 to attend parenting classes or other activities to better
16 prepare for the responsibilities of raising a child. If the
17 custodial parent is 19 years of age or younger and has not
18 completed high school or the equivalent, he or she may be
19 required to attend school or other appropriate educational
20 activities.
21 (d)(e) An individual who is exempt from the time
22 period pursuant to s. 414.105.
23 (4) PRIORITIZATION OF WORK REQUIREMENTS.--Regional
24 workforce boards shall require participation in work
25 activities to the maximum extent possible, subject to federal
26 and state funding. If funds are projected to be insufficient
27 to allow full-time work activities by all program participants
28 who are required to participate in work activities, regional
29 workforce boards shall screen participants and assign priority
30 based on the following:
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1 (a) In accordance with federal requirements, at least
2 one adult in each two-parent family shall be assigned priority
3 for full-time work activities.
4 (b) Among single-parent families, a family that has
5 older preschool children or school-age children shall be
6 assigned priority for work activities.
7 (c) A participant who has access to subsidized or
8 unsubsidized nonsubsidized child care may be assigned priority
9 for work activities.
10 (d) Priority may be assigned based on the amount of
11 time remaining until the participant reaches the applicable
12 time limit for program participation or may be based on
13 requirements of a case plan.
14
15 Regional workforce boards may limit a participant's weekly
16 work requirement to the minimum required to meet federal work
17 activity requirements in lieu of the level defined in
18 subsection (2). Regional workforce boards may develop
19 screening and prioritization procedures based on the
20 allocation of resources, the availability of community
21 resources, the provision of supportive services, or the work
22 activity needs of the service area district.
23 (5) USE OF CONTRACTS.--Regional workforce boards shall
24 provide work activities, training, and other services, as
25 appropriate, through contracts. In contracting for work
26 activities, training, or services, the following applies:
27 (a) A contract must be performance-based. Payment
28 shall be tied to performance outcomes that include factors
29 such as, but not limited to, diversion from cash assistance,
30 job entry, job entry at a target wage, job retention, and
31 connection to transition services rather than tied to
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1 completion of training or education or any other phase of the
2 program participation process.
3 (b) A contract may include performance-based incentive
4 payments that may vary according to the extent to which the
5 participant is more difficult to place. Contract payments may
6 be weighted proportionally to reflect the extent to which the
7 participant has limitations associated with the long-term
8 receipt of welfare and difficulty in sustaining employment.
9 The factors may include the extent of prior receipt of
10 welfare, lack of employment experience, lack of education,
11 lack of job skills, and other factors determined appropriate
12 by the regional workforce board.
13 (c) Notwithstanding the exemption from the competitive
14 sealed bid requirements provided in s. 287.057(5)(f) for
15 certain contractual services, each contract awarded under this
16 chapter must be awarded on the basis of a competitive sealed
17 bid, except for a contract with a governmental entity as
18 determined by the regional workforce board.
19 (d) Regional workforce boards may contract with
20 commercial, charitable, or religious organizations. A contract
21 must comply with federal requirements with respect to
22 nondiscrimination and other requirements that safeguard the
23 rights of participants. Services may be provided under
24 contract, certificate, voucher, or other form of disbursement.
25 (e) The administrative costs associated with a
26 contract for services provided under this section may not
27 exceed the applicable administrative cost ceiling established
28 in federal law. An agency or entity that is awarded a contract
29 under this section may not charge more than 7 percent of the
30 value of the contract for administration, unless an exception
31 is approved by the regional workforce board. A list of any
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1 exceptions approved must be submitted to the board of
2 directors of Workforce Florida, Inc., for review, and the
3 board may rescind approval of the exception.
4 (f) Regional workforce boards may enter into contracts
5 to provide short-term work experience for the chronically
6 unemployed as provided in this section.
7 (g) A tax-exempt organization under s. 501(c) of the
8 Internal Revenue Code of 1986 which receives funds under this
9 chapter must disclose receipt of federal funds on any
10 advertising, promotional, or other material in accordance with
11 federal requirements.
12 (6) PROTECTIONS FOR PARTICIPANTS.--Each participant is
13 subject to the same health, safety, and nondiscrimination
14 standards established under federal, state, or local laws that
15 otherwise apply to other individuals engaged in similar
16 activities who are not participants in the welfare transition
17 program.
18 (7) PROTECTION FOR CURRENT EMPLOYEES.--In establishing
19 and contracting for work experience and community service
20 activities, other work experience activities, on-the-job
21 training, subsidized employment, and work supplementation
22 under the welfare transition program, an employed worker may
23 not be displaced, either completely or partially. A
24 participant may not be assigned to an activity or employed in
25 a position if the employer has created the vacancy or
26 terminated an existing employee without good cause in order to
27 fill that position with a program participant.
28 Section 2. Section 445.032, Florida Statutes, is
29 amended to read:
30 445.032 Transitional child care.--In order to assist
31 former welfare transition program participants and individuals
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1 who have been redirected through up-front diversion in
2 obtaining employment, continuing to be employed, and improving
3 their employment prospects, transitional child care is
4 available for up to 2 years:
5 (1) To After a former program participant who is no
6 longer receiving temporary cash assistance and who is employed
7 or actively seeking employment if his or her has left the
8 program due to employment and whose income does not exceed 200
9 percent of the federal poverty level at any time during that
10 2-year period.
11 (2) To an individual who has been redirected through
12 up-front diversion and who is employed or actively seeking
13 employment if his or her whose income does not exceed 200
14 percent of the federal poverty level at any time during that
15 2-year period.
16 Section 3. Paragraph (b) of subsection (4) of section
17 402.305, Florida Statutes, is amended to read:
18 402.305 Licensing standards; child care facilities.--
19 (4) STAFF-TO-CHILDREN RATIO.--
20 (b) This subsection does not apply to nonpublic
21 schools and their integral programs as defined in s.
22 402.3025(2)(d)1. In addition, an individual participating in a
23 community service program work experience activity under s.
24 445.024(1)(e) s. 445.024(1)(d), or a work experience activity
25 under s. 445.024(1)(f) s. 445.024(1)(e), at a child care
26 facility may not be considered in calculating the
27 staff-to-children ratio.
28 Section 4. This act shall take effect upon becoming a
29 law.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1926
3
4 The committee substitute deletes provisions from the bill
which would have removed, in recognition of a proposed U.S.
5 Department of Labor rule change, a requirement that regional
workforce boards enter into memoranda of understanding with
6 the Agency for Workforce Innovation regarding state
merit-based employees.
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