Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 570
Ì3093823Î309382
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/03/2017 .
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The Committee on Children, Families, and Elder Affairs (Rouson)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 31 - 239
4 and insert:
5 Section 1. Paragraph (c) is added to subsection (7) of
6 section 445.004, Florida Statutes, to read:
7 445.004 CareerSource Florida, Inc.; creation; purpose;
8 membership; duties and powers.—
9 (7) By December 1 of each year, CareerSource Florida, Inc.,
10 shall submit to the Governor, the President of the Senate, the
11 Speaker of the House of Representatives, the Senate Minority
12 Leader, and the House Minority Leader a complete and detailed
13 annual report setting forth:
14 (c) For each local workforce development board, participant
15 statistics and employment outcomes, by program, for individuals
16 subject to mandatory work requirements due to receipt of
17 temporary cash assistance or food assistance under chapter 414,
18 including:
19 1. Individuals served.
20 2. Services received.
21 3. Activities in which individuals participated.
22 4. Types of employment secured.
23 5. Individuals securing employment but remaining in each
24 program.
25 6. Individuals exiting programs due to employment.
26 7. Employment status at 3 months, 6 months, and 12 months
27 after exiting the program, for the past 3 years.
28 Section 2. Present subsections (3) through (7) of section
29 445.024, Florida Statutes, are renumbered as subsections (4)
30 through (8), respectively, and a new subsection (3) is added to
31 that section, to read:
32 445.024 Work requirements.—
33 (3) WORK PLAN AGREEMENT.—For each individual who is not
34 otherwise exempt from work activity requirements, but before a
35 participant may receive temporary cash assistance, the
36 Department of Economic Opportunity, in cooperation with
37 CareerSource Florida, Inc., and the Department of Children and
38 Families, must:
39 (a) Inform the participant, in plain language, and require
40 the participant to assent to, in writing:
41 1. What is expected of the participant to continue to
42 receive temporary cash assistance benefits.
43 2. Under what circumstances the participant would be
44 sanctioned for noncompliance.
45 3. Potential penalties for noncompliance with the work
46 requirements in s. 414.065, including how long benefits would
47 not be available to the participant.
48 (b) Work with the participant to develop strategies to
49 assist the participant in overcoming obstacles to compliance
50 with the work activity requirements.
51 Section 3. Present subsection (4) of section 402.82,
52 Florida Statutes, is renumbered as subsection (5), and a new
53 subsection (4) is added to that section, to read:
54 402.82 Electronic benefits transfer program.—
55 (4) The department shall impose a fee for the fifth and
56 each subsequent request for a replacement electronic benefits
57 transfer card made by a participant within a 12-month period.
58 The fee must be equal to the cost of replacing the electronic
59 benefits transfer card. The fee may be deducted from the
60 participant’s benefits. The department may waive the replacement
61 fee upon a showing of good cause, such as the malfunction of the
62 card or extreme financial hardship.
63 Section 4. Paragraph (a) of subsection (1) and paragraph
64 (a) of subsection (2) of section 39.5085, Florida Statutes, are
65 amended to read:
66 39.5085 Relative Caregiver Program.—
67 (1) It is the intent of the Legislature in enacting this
68 section to:
69 (a) Provide for the establishment of procedures and
70 protocols that serve to advance the continued safety of children
71 by acknowledging the valued resource uniquely available through
72 grandparents, relatives of children, and specified nonrelatives
73 of children pursuant to sub-subparagraph (2)(a)1.c. subparagraph
74 (2)(a)3.
75 (2)(a) The Department of Children and Families shall
76 establish, and operate, and implement the Relative Caregiver
77 Program pursuant to eligibility guidelines established in this
78 section as further implemented by rule of the department.
79 1. The Relative Caregiver Program shall, within the limits
80 of available funding, provide financial assistance to:
81 a.1. Relatives who are within the fifth degree by blood or
82 marriage to the parent or stepparent of a child and who are
83 caring full-time for that dependent child in the role of
84 substitute parent as a result of a court’s determination of
85 child abuse, neglect, or abandonment and subsequent placement
86 with the relative under this chapter.
87 b.2. Relatives who are within the fifth degree by blood or
88 marriage to the parent or stepparent of a child and who are
89 caring full-time for that dependent child, and a dependent half
90 brother or half-sister of that dependent child, in the role of
91 substitute parent as a result of a court’s determination of
92 child abuse, neglect, or abandonment and subsequent placement
93 with the relative under this chapter.
94 c.3. Nonrelatives who are willing to assume custody and
95 care of a dependent child in the role of substitute parent as a
96 result of a court’s determination of child abuse, neglect, or
97 abandonment and subsequent placement with the nonrelative
98 caregiver under this chapter. The court must find that a
99 proposed placement under this subparagraph is in the best
100 interest of the child.
101 2. The relative or nonrelative caregiver may not receive a
102 Relative Caregiver Program payment if the parent or stepparent
103 of the child resides in the home. However, a relative or
104 nonrelative may receive the payment for a minor parent who is in
105 his or her care and for the minor parent’s child, if both the
106 minor parent and the child have been adjudicated dependent and
107 meet all other eligibility requirements. If the caregiver is
108 currently receiving the payment, the payment must be terminated
109 no later than the first day of the following month after the
110 parent or stepparent moves into the home. Before the payment is
111 terminated, the caregiver must be given 10 days’ notice of
112 adverse action.
113
114 The placement may be court-ordered temporary legal custody to
115 the relative or nonrelative under protective supervision of the
116 department pursuant to s. 39.521(1)(b)3., or court-ordered
117 placement in the home of a relative or nonrelative as a
118 permanency option under s. 39.6221 or s. 39.6231 or under former
119 s. 39.622 if the placement was made before July 1, 2006. The
120 Relative Caregiver Program shall offer financial assistance to
121 caregivers who would be unable to serve in that capacity without
122 the caregiver payment because of financial burden, thus exposing
123 the child to the trauma of placement in a shelter or in foster
124 care.
125 Section 5. (1) The Office of Program Policy Analysis and
126 Government Accountability shall conduct a study of each local
127 workforce development board to determine what barriers exist
128 which prevent participants in the Supplemental Nutrition
129 Assistance Program and the Temporary Assistance for Needy
130 Families cash assistance program from complying with the work
131 requirements in the respective programs. The study must include
132 detailed data and analysis of the reasons why applicants and
133 recipients do not comply with the work requirements, the reasons
134 that noncompliant applicants and recipients identify as barriers
135 to compliance, and what assistance was offered to the
136 participants to come into compliance. The study must also
137 include a listing of the specific reasons for the sanctions
138 applied, separated into categories with the number of
139 participants who received each sanction. For example:
140 (a) Failure to attend a scheduled meeting—10 people
141 sanctioned;
142 (b) Failure to complete required documents—5 people
143 sanctioned; or
144 (c) Failure to comply with child support requirements, with
145 specifics on what the requirement was.
146 (2) The legislative intent for requesting this independent
147 study is to gain an in-depth understanding of the barriers that
148 may exist for people trying to participate in the workforce,
149 through reviewing the specific reasons participants are
150 sanctioned on a region by region basis.
151 (3) The Office of Program Policy Analysis and Government
152 Accountability shall submit a report with its findings and
153 recommendations to the Governor, the President of the Senate,
154 the Speaker of the House of Representatives, and the Minority
155 Leaders of the Senate and the House of Representatives by
156 November 1, 2017.
157
158 ================= T I T L E A M E N D M E N T ================
159 And the title is amended as follows:
160 Delete lines 3 - 26
161 and insert:
162 445.004, F.S.; requiring CareerSource Florida, Inc.,
163 to submit a detailed annual report on certain
164 information for individuals subject to mandatory work
165 requirements who receive temporary cash or food
166 assistance; amending s. 445.024, F.S.; requiring the
167 Department of Economic Opportunity, in cooperation
168 with CareerSource Florida, Inc., and the Department of
169 Children and Families, to develop and implement a work
170 plan agreement for participants in the temporary cash
171 assistance program; requiring the plan to identify
172 expectations, sanctions, and penalties for
173 noncompliance with work requirements; amending s.
174 402.82, F.S.; requiring the Department of Children and
175 Families to impose a replacement fee for electronic
176 benefits transfer cards under certain circumstances;
177 amending s. 39.5085, F.S.; revising eligibility
178 guidelines for the Relative Caregiver Program with
179 respect to relative and nonrelative caregivers;
180 requiring the Office of Program Policy Analysis and
181 Government Accountability (OPPAGA) to conduct a study;
182 providing study requirements; providing legislative
183 intent; requiring OPPAGA to submit a report by a
184 certain date to the Governor and the Legislature;
185 providing an effective