Florida Senate - 2012                             CS for SB 1128
       
       
       
       By the Committee on Criminal Justice; and Senator Oelrich
       
       
       
       
       591-03793-12                                          20121128c1
    1                        A bill to be entitled                      
    2         An act relating to eligibility for temporary cash
    3         assistance and food assistance; amending s. 414.095,
    4         F.S.; prohibiting an individual convicted of a felony
    5         offense from receiving temporary cash assistance or
    6         food assistance under certain conditions; providing
    7         conditions under which a person with a felony
    8         conviction may resume receiving such assistance;
    9         providing for designation of an alternative payee
   10         under certain circumstances; amending ss. 409.2564,
   11         409.902, 414.045, 414.0652, and 414.0655, F.S.;
   12         conforming cross-references; providing an effective
   13         date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Present subsections (2) through (18) of section
   18  414.095, Florida Statutes, are renumbered as subsections (3)
   19  through (19), respectively, subsection (1), paragraph (a) of
   20  present subsection (2), paragraphs (c) and (e) of present
   21  subsection (14), and present subsection (17) are amended, and a
   22  new subsection (2) is added to that section, to read:
   23         414.095 Determining eligibility for temporary cash and food
   24  assistance.—
   25         (1) ELIGIBILITY FOR TEMPORARY CASH ASSISTANCE.—An applicant
   26  must meet eligibility requirements of this section before
   27  receiving services or temporary cash assistance under this
   28  chapter, except that an applicant shall be required to register
   29  for work and engage in work activities in accordance with s.
   30  445.024, as designated by the regional workforce board, and may
   31  receive support services or child care assistance in conjunction
   32  with such requirement. The department shall make a determination
   33  of eligibility based on the criteria listed in this chapter. The
   34  department shall monitor continued eligibility for temporary
   35  cash assistance through periodic reviews consistent with the
   36  food assistance eligibility process. Benefits shall not be
   37  denied to an individual solely based on a felony drug
   38  conviction, unless the conviction is for trafficking pursuant to
   39  s. 893.135. To be eligible under this section, an individual
   40  convicted of a drug felony must be satisfactorily meeting the
   41  requirements of the temporary cash assistance program, including
   42  all substance abuse treatment requirements. Within the limits
   43  specified in this chapter, the state opts out of the provision
   44  of Pub. L. No. 104-193, s. 115, that eliminates eligibility for
   45  temporary cash assistance and food assistance for any individual
   46  convicted of a controlled substance felony.
   47         (2) INELIGIBILITY DUE TO FELONY CONVICTION.—Pursuant to
   48  Pub. L. No. 104-193, s. 115, an individual convicted, on or
   49  after July 1, 2012, of an offense classified as a felony for
   50  possession of a controlled substance, as defined in the
   51  Controlled Substances Act, 21 U.S.C., s. 802(6), is not eligible
   52  for temporary cash assistance or food assistance unless the
   53  department receives verification that the individual has
   54  satisfactorily completed a drug treatment program offered by a
   55  provider that meets the requirements of s. 397.401 and is
   56  licensed by the department.
   57         (a) The department shall specify through rule, the criteria
   58  to determine satisfactory completion of a drug treatment
   59  program. An individual who has a felony conviction for drug
   60  trafficking, pursuant to s. 893.135, is not eligible for
   61  temporary cash assistance or food assistance.
   62         (b) If an individual is deemed ineligible for temporary
   63  cash assistance or food assistance as a result of a felony drug
   64  conviction, a protective payee shall be designated to receive
   65  the assistance on behalf of the other members of the assistance
   66  group.
   67         (3)(2) ADDITIONAL ELIGIBILITY REQUIREMENTS.—
   68         (a) To be eligible for services or temporary cash
   69  assistance and Medicaid:
   70         1. An applicant must be a United States citizen, or a
   71  qualified noncitizen, as defined in this section.
   72         2. An applicant must be a legal resident of the state.
   73         3. Each member of a family must provide to the department
   74  the member’s social security number or shall provide proof of
   75  application for a social security number. An individual who
   76  fails to provide a social security number, or proof of
   77  application for a social security number, is not eligible to
   78  participate in the program.
   79         4. A minor child must reside with a parent or parents, with
   80  a relative caretaker who is within the specified degree of blood
   81  relationship as defined by 45 C.F.R. part 233, or, if the minor
   82  is a teen parent with a child, in a setting approved by the
   83  department as provided in subsection (15) (14).
   84         5. Each family must have a minor child and meet the income
   85  and resource requirements of the program. All minor children who
   86  live in the family, as well as the parents of the minor
   87  children, shall be included in the eligibility determination
   88  unless specifically excluded.
   89         (15)(14) PROHIBITIONS AND RESTRICTIONS.—
   90         (c) The teen parent is not required to live with a parent,
   91  legal guardian, or other adult caretaker relative if the
   92  department determines that:
   93         1. The teen parent has suffered or might suffer harm in the
   94  home of the parent, legal guardian, or adult caretaker relative.
   95         2. The requirement is not in the best interest of the teen
   96  parent or the child. If the department determines that it is not
   97  in the best interest of the teen parent or child to reside with
   98  a parent, legal guardian, or other adult caretaker relative, the
   99  department shall provide or assist the teen parent in finding a
  100  suitable home, a second-chance home, a maternity home, or other
  101  appropriate adult-supervised supportive living arrangement. Such
  102  living arrangement may include a shelter obligation in
  103  accordance with subsection (11) (10).
  104  
  105  The department may not delay providing temporary cash assistance
  106  to the teen parent through the alternative payee designated by
  107  the department pending a determination as to where the teen
  108  parent should live and sufficient time for the move itself. A
  109  teen parent determined to need placement that is unavailable
  110  shall continue to be eligible for temporary cash assistance so
  111  long as the teen parent cooperates with the department and the
  112  Department of Health. The teen parent shall be provided with
  113  counseling to make the transition from independence to
  114  supervised living and with a choice of living arrangements.
  115         (e) If a parent or caretaker relative does not assign any
  116  rights a family member may have to support from any other person
  117  as required by subsection (8) (7), temporary cash assistance to
  118  the entire family shall be denied until the parent or caretaker
  119  relative assigns the rights to the department.
  120         (17)(16) PROPORTIONAL REDUCTION.—If the Social Services
  121  Estimating Conference forecasts an increase in the temporary
  122  cash assistance caseload and there is insufficient funding, a
  123  proportional reduction as determined by the department shall be
  124  applied to the levels of temporary cash assistance in subsection
  125  (11) (10).
  126         Section 2. Paragraph (a) of subsection (11) of section
  127  409.2564, Florida Statutes, is amended to read:
  128         409.2564 Actions for support.—
  129         (11)(a) The Department of Revenue shall review child
  130  support orders in IV-D cases at least once every 3 years when
  131  requested by either party, or when support rights are assigned
  132  to the state under s. 414.095(8) 414.095(7), and may seek
  133  modification of the order if appropriate under the child support
  134  guidelines in s. 61.30. Not less than once every 3 years the
  135  department shall provide notice to the parties subject to the
  136  order informing them of their right to request a review and, if
  137  appropriate, a modification of the child support order. The
  138  notice requirement may be met by including appropriate language
  139  in the initial support order or any subsequent orders.
  140         Section 3. Subsection (2) of section 409.902, Florida
  141  Statutes, is amended to read:
  142         409.902 Designated single state agency; payment
  143  requirements; program title; release of medical records.—
  144         (2) Eligibility is restricted to United States citizens and
  145  to lawfully admitted noncitizens who meet the criteria provided
  146  in s. 414.095(4) 414.095(3).
  147         (a) Citizenship or immigration status must be verified. For
  148  noncitizens, this includes verification of the validity of
  149  documents with the United States Citizenship and Immigration
  150  Services using the federal SAVE verification process.
  151         (b) State funds may not be used to provide medical services
  152  to individuals who do not meet the requirements of this
  153  subsection unless the services are necessary to treat an
  154  emergency medical condition or are for pregnant women. Such
  155  services are authorized only to the extent provided under
  156  federal law and in accordance with federal regulations as
  157  provided in 42 C.F.R. s. 440.255.
  158         Section 4. Paragraph (b) of subsection (1) of section
  159  414.045, Florida Statutes, is amended to read:
  160         414.045 Cash assistance program.—Cash assistance families
  161  include any families receiving cash assistance payments from the
  162  state program for temporary assistance for needy families as
  163  defined in federal law, whether such funds are from federal
  164  funds, state funds, or commingled federal and state funds. Cash
  165  assistance families may also include families receiving cash
  166  assistance through a program defined as a separate state
  167  program.
  168         (1) For reporting purposes, families receiving cash
  169  assistance shall be grouped into the following categories. The
  170  department may develop additional groupings in order to comply
  171  with federal reporting requirements, to comply with the data
  172  reporting needs of the board of directors of Workforce Florida,
  173  Inc., or to better inform the public of program progress.
  174         (b) Child-only cases.—Child-only cases include cases that
  175  do not have an adult or teen head of household as defined in
  176  federal law. Such cases include:
  177         1. Children in the care of caretaker relatives where the
  178  caretaker relatives choose to have their needs excluded in the
  179  calculation of the amount of cash assistance.
  180         2. Families in the Relative Caregiver Program as provided
  181  in s. 39.5085.
  182         3. Families in which the only parent in a single-parent
  183  family or both parents in a two-parent family receive
  184  supplemental security income (SSI) benefits under Title XVI of
  185  the Social Security Act, as amended. To the extent permitted by
  186  federal law, individuals receiving SSI shall be excluded as
  187  household members in determining the amount of cash assistance,
  188  and such cases shall not be considered families containing an
  189  adult. Parents or caretaker relatives who are excluded from the
  190  cash assistance group due to receipt of SSI may choose to
  191  participate in work activities. An individual who volunteers to
  192  participate in work activity but whose ability to participate in
  193  work activities is limited shall be assigned to work activities
  194  consistent with such limitations. An individual who volunteers
  195  to participate in a work activity may receive child care or
  196  support services consistent with such participation.
  197         4. Families where the only parent in a single-parent family
  198  or both parents in a two-parent family are not eligible for cash
  199  assistance due to immigration status or other limitation of
  200  federal law. To the extent required by federal law, such cases
  201  shall not be considered families containing an adult.
  202         5. To the extent permitted by federal law and subject to
  203  appropriations, special needs children who have been adopted
  204  pursuant to s. 409.166 and whose adopting family qualifies as a
  205  needy family under the state program for temporary assistance
  206  for needy families. Notwithstanding any provision to the
  207  contrary in s. 414.075, s. 414.085, or s. 414.095, a family
  208  shall be considered a needy family if:
  209         a. The family is determined by the department to have an
  210  income below 200 percent of the federal poverty level;
  211         b. The family meets the requirements of s. 414.095(3) and
  212  (4) 414.095(2) and (3) related to residence, citizenship, or
  213  eligible noncitizen status; and
  214         c. The family provides any information that may be
  215  necessary to meet federal reporting requirements specified under
  216  Part A of Title IV of the Social Security Act.
  217  
  218  Families described in subparagraph 1., subparagraph 2., or
  219  subparagraph 3. may receive child care assistance or other
  220  supports or services so that the children may continue to be
  221  cared for in their own homes or the homes of relatives. Such
  222  assistance or services may be funded from the temporary
  223  assistance for needy families block grant to the extent
  224  permitted under federal law and to the extent funds have been
  225  provided in the General Appropriations Act.
  226         Section 5. Paragraph (c) of subsection (2) of section
  227  414.0652, Florida Statutes, is amended to read:
  228         414.0652 Drug screening for applicants for Temporary
  229  Assistance for Needy Families.—
  230         (2) The department shall:
  231         (c) Require that any teen parent who is not required to
  232  live with a parent, legal guardian, or other adult caretaker
  233  relative in accordance with s. 414.095(15)(c) 414.095(14)(c)
  234  must comply with the drug-testing requirement.
  235         Section 6. Subsection (2) of section 414.0655, Florida
  236  Statutes, is amended to read:
  237         414.0655 Medical incapacity due to substance abuse or
  238  mental health impairment.—
  239         (2) Notwithstanding any provision of s. 414.095(3)(a)4. or
  240  5. 414.095(2)(a)4. or 5. to the contrary, a participant who is
  241  absent from the home due to out-of-home residential treatment
  242  for not more than 150 days shall continue to be a member of the
  243  assistance group whether or not the child or children for whom
  244  the participant is the parent or caretaker relative are living
  245  in the residential treatment center.
  246         Section 7. This act shall take effect July 1, 2012.