Florida Senate - 2017                       CS for CS for SB 570
       By the Committees on Commerce and Tourism; and Children,
       Families, and Elder Affairs; and Senator Rouson
       577-03936-17                                           2017570c2
    1                        A bill to be entitled                      
    2         An act relating to public assistance; amending s.
    3         445.004, F.S.; requiring CareerSource Florida, Inc.,
    4         to submit a detailed annual report on certain
    5         information for individuals subject to mandatory work
    6         requirements who receive temporary cash or food
    7         assistance; amending s. 445.024, F.S.; requiring the
    8         Department of Economic Opportunity, in cooperation
    9         with CareerSource Florida, Inc., and the Department of
   10         Children and Families, to develop and implement a work
   11         plan agreement for participants in the temporary cash
   12         assistance program; requiring the plan to identify
   13         expectations, sanctions, and penalties for
   14         noncompliance with work requirements; amending s.
   15         402.82, F.S.; requiring the Department of Children and
   16         Families to impose a replacement fee for electronic
   17         benefits transfer cards under certain circumstances;
   18         amending s. 39.5085, F.S.; revising eligibility
   19         guidelines for the Relative Caregiver Program with
   20         respect to relative and nonrelative caregivers;
   21         requiring the Office of Program Policy Analysis and
   22         Government Accountability (OPPAGA) to conduct a study;
   23         providing study requirements; providing legislative
   24         intent; requiring OPPAGA to submit a report by a
   25         certain date to the Governor and the Legislature;
   26         providing legislative findings; creating the TANF
   27         Reemployment Pilot Program in Pinellas County;
   28         providing for the administration of the program;
   29         providing the purpose and goal of the program;
   30         providing an appropriation; providing an effective
   31         date.
   33  Be It Enacted by the Legislature of the State of Florida:
   35         Section 1. Paragraph (c) is added to subsection (7) of
   36  section 445.004, Florida Statutes, to read:
   37         445.004 CareerSource Florida, Inc.; creation; purpose;
   38  membership; duties and powers.—
   39         (7) By December 1 of each year, CareerSource Florida, Inc.,
   40  shall submit to the Governor, the President of the Senate, the
   41  Speaker of the House of Representatives, the Senate Minority
   42  Leader, and the House Minority Leader a complete and detailed
   43  annual report setting forth:
   44         (c) For each local workforce development board, participant
   45  statistics and employment outcomes, by program, for individuals
   46  subject to mandatory work requirements due to receipt of
   47  temporary cash assistance or food assistance under chapter 414,
   48  including:
   49         1. Individuals served.
   50         2. Services received.
   51         3. Activities in which individuals participated.
   52         4. Types of employment secured.
   53         5. Individuals securing employment but remaining in each
   54  program.
   55         6. Individuals exiting programs due to employment.
   56         7. Employment status at 3 months, 6 months, and 12 months
   57  after exiting the program, for the past 3 years.
   58         Section 2. Present subsections (3) through (7) of section
   59  445.024, Florida Statutes, are renumbered as subsections (4)
   60  through (8), respectively, and a new subsection (3) is added to
   61  that section, to read:
   62         445.024 Work requirements.—
   63         (3)WORK PLAN AGREEMENT.—For each individual who is not
   64  otherwise exempt from work activity requirements, but before a
   65  participant may receive temporary cash assistance, the
   66  Department of Economic Opportunity, in cooperation with
   67  CareerSource Florida, Inc., and the Department of Children and
   68  Families, must:
   69         (a)Inform the participant, in plain language, and require
   70  the participant to assent to, in writing:
   71         1.What is expected of the participant to continue to
   72  receive temporary cash assistance benefits.
   73         2.Under what circumstances the participant would be
   74  sanctioned for noncompliance.
   75         3.Potential penalties for noncompliance with the work
   76  requirements in s. 414.065, including how long benefits would
   77  not be available to the participant.
   78         (b)Work with the participant to develop strategies to
   79  assist the participant in overcoming obstacles to compliance
   80  with the work activity requirements.
   81         Section 3. Present subsection (4) of section 402.82,
   82  Florida Statutes, is renumbered as subsection (5), and a new
   83  subsection (4) is added to that section, to read:
   84         402.82 Electronic benefits transfer program.—
   85         (4)The department shall impose a fee for the fifth and
   86  each subsequent request for a replacement electronic benefits
   87  transfer card made by a participant within a 12-month period.
   88  The fee must be equal to the cost of replacing the electronic
   89  benefits transfer card. The fee may be deducted from the
   90  participant’s benefits. The department may waive the replacement
   91  fee upon a showing of good cause, such as the malfunction of the
   92  card or extreme financial hardship.
   93         Section 4. Paragraph (a) of subsection (1) and paragraph
   94  (a) of subsection (2) of section 39.5085, Florida Statutes, are
   95  amended to read:
   96         39.5085 Relative Caregiver Program.—
   97         (1) It is the intent of the Legislature in enacting this
   98  section to:
   99         (a) Provide for the establishment of procedures and
  100  protocols that serve to advance the continued safety of children
  101  by acknowledging the valued resource uniquely available through
  102  grandparents, relatives of children, and specified nonrelatives
  103  of children pursuant to sub-subparagraph (2)(a)1.c. subparagraph
  104  (2)(a)3.
  105         (2)(a) The Department of Children and Families shall
  106  establish, and operate, and implement the Relative Caregiver
  107  Program pursuant to eligibility guidelines established in this
  108  section as further implemented by rule of the department.
  109         1. The Relative Caregiver Program shall, within the limits
  110  of available funding, provide financial assistance to:
  111         a.1. Relatives who are within the fifth degree by blood or
  112  marriage to the parent or stepparent of a child and who are
  113  caring full-time for that dependent child in the role of
  114  substitute parent as a result of a court’s determination of
  115  child abuse, neglect, or abandonment and subsequent placement
  116  with the relative under this chapter.
  117         b.2. Relatives who are within the fifth degree by blood or
  118  marriage to the parent or stepparent of a child and who are
  119  caring full-time for that dependent child, and a dependent half
  120  brother or half-sister of that dependent child, in the role of
  121  substitute parent as a result of a court’s determination of
  122  child abuse, neglect, or abandonment and subsequent placement
  123  with the relative under this chapter.
  124         c.3. Nonrelatives who are willing to assume custody and
  125  care of a dependent child in the role of substitute parent as a
  126  result of a court’s determination of child abuse, neglect, or
  127  abandonment and subsequent placement with the nonrelative
  128  caregiver under this chapter. The court must find that a
  129  proposed placement under this subparagraph is in the best
  130  interest of the child.
  131         2.The relative or nonrelative caregiver may not receive a
  132  Relative Caregiver Program payment if the parent or stepparent
  133  of the child resides in the home. However, a relative or
  134  nonrelative may receive the payment for a minor parent who is in
  135  his or her care and for the minor parent’s child, if both the
  136  minor parent and the child have been adjudicated dependent and
  137  meet all other eligibility requirements. If the caregiver is
  138  currently receiving the payment, the payment must be terminated
  139  no later than the first day of the following month after the
  140  parent or stepparent moves into the home. Before the payment is
  141  terminated, the caregiver must be given 10 days’ notice of
  142  adverse action.
  144  The placement may be court-ordered temporary legal custody to
  145  the relative or nonrelative under protective supervision of the
  146  department pursuant to s. 39.521(1)(b)3., or court-ordered
  147  placement in the home of a relative or nonrelative as a
  148  permanency option under s. 39.6221 or s. 39.6231 or under former
  149  s. 39.622 if the placement was made before July 1, 2006. The
  150  Relative Caregiver Program shall offer financial assistance to
  151  caregivers who would be unable to serve in that capacity without
  152  the caregiver payment because of financial burden, thus exposing
  153  the child to the trauma of placement in a shelter or in foster
  154  care.
  155         Section 5. (1)The Office of Program Policy Analysis and
  156  Government Accountability shall conduct a study of each local
  157  workforce development board to determine what barriers exist
  158  which prevent participants in the Supplemental Nutrition
  159  Assistance Program and the Temporary Assistance for Needy
  160  Families cash assistance program from complying with the work
  161  requirements in the respective programs. The study must include
  162  detailed data and analysis of the reasons why applicants and
  163  recipients do not comply with the work requirements, the reasons
  164  that noncompliant applicants and recipients identify as barriers
  165  to compliance, and what assistance was offered to the
  166  participants to come into compliance. The study must also
  167  include a listing of the specific reasons for the sanctions
  168  applied, separated into categories with the number of
  169  participants who received each sanction. For example:
  170         (a)Failure to attend a scheduled meeting10 people
  171  sanctioned;
  172         (b) Failure to complete required documents5 people
  173  sanctioned; or
  174         (c) Failure to comply with child support requirements, with
  175  specifics on what the requirement was.
  176         (2) The legislative intent for requesting this independent
  177  study is to gain an in-depth understanding of the barriers that
  178  may exist for people trying to participate in the workforce,
  179  through reviewing the specific reasons participants are
  180  sanctioned on a region by region basis.
  181         (3) The Office of Program Policy Analysis and Government
  182  Accountability shall submit a report with its findings and
  183  recommendations to the Governor, the President of the Senate,
  184  the Speaker of the House of Representatives, and the Minority
  185  Leaders of the Senate and the House of Representatives by
  186  November 1, 2017.
  187         Section 6. TANF Reemployment Pilot Program.—
  188         (1) The Legislature finds that there is an important state
  189  interest in assisting Temporary Assistance for Needy Families
  190  (TANF) recipients in finding and securing stable and productive
  191  employment and that reemployment programs have the potential to
  192  benefit such recipients and their families and to alleviate the
  193  financial strain on the state economy.
  194         (2) The TANF Reemployment Pilot Program is created in
  195  Pinellas County and shall be administered by the Pinellas
  196  Opportunity Council, Inc.
  197         (3) The purpose of the pilot program is to assist TANF
  198  recipients in developing return-to-work plans with the goal of
  199  reemployment.
  200         Section 7. For the 2017-2018 fiscal year, the sum of
  201  $150,000 in nonrecurring funds from the General Revenue Fund and
  202  $150,000 in nonrecurring funds from the Federal Grants Trust
  203  Fund are appropriated for the TANF Reemployment Pilot Program.
  204         Section 8. This act shall take effect July 1, 2017.