Florida Senate - 2024                             CS for SB 7052
       
       
        
       By the Committees on Fiscal Policy; and Children, Families, and
       Elder Affairs
       
       
       
       
       594-03663-24                                          20247052c1
    1                        A bill to be entitled                      
    2         An act relating to economic self-sufficiency; amending
    3         s. 414.065, F.S.; providing that a participant has
    4         good cause for noncompliance with work requirements
    5         for a specified time period under certain
    6         circumstances; making technical changes; amending s.
    7         414.105, F.S.; providing requirements for staff
    8         members of local workforce development boards when
    9         interviewing participants; amending s. 414.455, F.S.;
   10         requiring certain persons to participate in an
   11         employment and training program; making a technical
   12         change; amending s. 445.009, F.S.; requiring benefit
   13         management and career planning using a specified tool
   14         as part of the state’s one-stop delivery system;
   15         amending s. 445.011, F.S.; requiring the Department of
   16         Commerce to develop certain training; conforming
   17         provisions to changes made by the act; making a
   18         technical change; amending s. 445.017, F.S.; requiring
   19         a local workforce development board to administer a
   20         specified intake survey; amending s. 445.024, F.S.;
   21         authorizing certain participants to participate in
   22         certain programs or courses for a specified number of
   23         hours per week; authorizing the Department of Commerce
   24         to suspend certain work requirements under certain
   25         circumstances; requiring the department to issue
   26         notice to participants under certain circumstances;
   27         amending s. 445.028, F.S.; requiring the Department of
   28         Children and Families to administer an exit survey;
   29         making technical changes; creating s. 445.0281, F.S.;
   30         providing voluntary case management services to
   31         certain persons for specified purposes; providing
   32         requirements for such case management services and
   33         case managers; amending s. 445.035, F.S.; requiring
   34         CareerSource Florida, Inc., in collaboration with
   35         other entities, to develop standardized intake and
   36         exit surveys for specified purposes; specifying when
   37         such surveys must be administered; providing
   38         requirements for such surveys; requiring completed
   39         surveys to be submitted to CareerSource Florida, Inc.,
   40         and disseminated quarterly to certain departments;
   41         requiring the Department of Commerce, in consultation
   42         with other entities, to prepare and submit an annual
   43         report to the Legislature; providing requirements for
   44         such report; creating s. 1002.935, F.S.; creating the
   45         School Readiness Plus Program within the Department of
   46         Education; providing requirements for the program;
   47         providing eligibility requirements to receive a
   48         subsidy under the program; requiring early learning
   49         coalitions to administer the program and provide
   50         participants access to a specified tool; prohibiting
   51         early learning coalitions from spending more than a
   52         certain percentage on administrative costs of the
   53         program in a fiscal year; providing for the
   54         calculation of the amount of the subsidy; providing
   55         requirements for parents to receive a subsidy;
   56         providing an appropriation; providing an effective
   57         date.
   58          
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Subsection (1) of section 414.065, Florida
   62  Statutes, is amended to read:
   63         414.065 Noncompliance with work requirements.—
   64         (1) PENALTIES FOR NONPARTICIPATION IN WORK REQUIREMENTS AND
   65  FAILURE TO COMPLY WITH ALTERNATIVE REQUIREMENT PLANS.—The
   66  department shall establish procedures for administering
   67  penalties for nonparticipation in work requirements and failure
   68  to comply with the alternative requirement plan. If an
   69  individual in a family receiving temporary cash assistance fails
   70  to engage in work activities required in accordance with s.
   71  445.024, the following penalties shall apply. Before Prior to
   72  the imposition of a sanction, the participant must shall be
   73  notified orally or in writing that the participant is subject to
   74  sanction and that action will be taken to impose the sanction
   75  unless the participant complies with the work activity
   76  requirements. The participant must shall be counseled as to the
   77  consequences of noncompliance and, if appropriate, shall be
   78  referred for services that could assist the participant to fully
   79  comply with program requirements. If the participant has good
   80  cause for noncompliance or demonstrates satisfactory compliance,
   81  the sanction may shall not be imposed. If the requirements of s.
   82  445.024(2)(a)1. are suspended pursuant to s. 445.024(2)(a)2., a
   83  participant in noncompliance because of such suspension is
   84  considered to have good cause for noncompliance for up to 6
   85  weeks after the change in the participant’s work requirements.
   86  If the participant has subsequently obtained employment, the
   87  participant must shall be counseled regarding the transitional
   88  benefits that may be available and provided information about
   89  how to access such benefits. The department shall administer
   90  sanctions related to food assistance consistent with federal
   91  regulations.
   92         (a)1. First noncompliance: temporary cash assistance is
   93  shall be terminated for the family for a minimum of 10 days or
   94  until the individual who failed to comply does so.
   95         2. Second noncompliance: temporary cash assistance is shall
   96  be terminated for the family for 1 month or until the individual
   97  who failed to comply does so, whichever is later. Upon meeting
   98  this requirement, temporary cash assistance must shall be
   99  reinstated to the date of compliance or the first day of the
  100  month following the penalty period, whichever is later.
  101         3. Third noncompliance: temporary cash assistance is shall
  102  be terminated for the family for 3 months or until the
  103  individual who failed to comply does so, whichever is later. The
  104  individual must shall be required to comply with the required
  105  work activity upon completion of the 3-month penalty period,
  106  before reinstatement of temporary cash assistance. Upon meeting
  107  this requirement, temporary cash assistance must shall be
  108  reinstated to the date of compliance or the first day of the
  109  month following the penalty period, whichever is later.
  110         (b) If a participant receiving temporary cash assistance
  111  who is otherwise exempted from noncompliance penalties fails to
  112  comply with the alternative requirement plan required in
  113  accordance with this section, the penalties provided in
  114  paragraph (a) shall apply.
  115  
  116  If a participant fully complies with work activity requirements
  117  for at least 6 months, the participant must shall be reinstated
  118  as being in full compliance with program requirements for
  119  purpose of sanctions imposed under this section.
  120         Section 2. Subsection (10) of section 414.105, Florida
  121  Statutes, is amended to read:
  122         414.105 Time limitations of temporary cash assistance.
  123  Except as otherwise provided in this section, an applicant or
  124  current participant shall receive temporary cash assistance for
  125  no more than a lifetime cumulative total of 48 months, unless
  126  otherwise provided by law.
  127         (10) A member of the staff of the local workforce
  128  development board shall interview and assess the employment
  129  prospects and barriers of each participant who is within 6
  130  months of reaching the 48-month time limit. The staff member
  131  shall do all of the following:
  132         (a)Administer the exit survey required under s.
  133  445.035(2).
  134         (b)Use a tool to demonstrate future financial impacts of
  135  the participant’s change in income and benefits over time.
  136         (c) Assist the participant in identifying actions necessary
  137  to become employed before reaching the benefit time limit for
  138  temporary cash assistance.
  139         (d)and, If appropriate, shall refer the participant for
  140  services that could facilitate employment, including, but not
  141  limited to, transitional benefits and services.
  142         Section 3. Section 414.455, Florida Statutes, is amended to
  143  read:
  144         414.455 Supplemental Nutrition Assistance Program;
  145  legislative authorization.—
  146         (1) Notwithstanding s. 414.45, and unless expressly
  147  required by federal law, the department must shall obtain
  148  specific authorization from the Legislature before seeking,
  149  applying for, accepting, or renewing any waiver of work
  150  requirements established by the Supplemental Nutrition
  151  Assistance Program under 7 U.S.C. s. 2015(o).
  152         (2)Unless prohibited by the Federal Government, the
  153  department must require a person who is receiving food
  154  assistance; who is 18 to 59 years of age, inclusive; who does
  155  not have children under the age of 18 in his or her home; who
  156  does not qualify for an exemption; and who is determined by the
  157  department to be eligible, to participate in an employment and
  158  training program.
  159         Section 4. Present paragraph (k) of subsection (1) of
  160  section 445.009, Florida Statutes, is redesignated as paragraph
  161  (l), and a new paragraph (k) is added to that subsection, to
  162  read:
  163         445.009 One-stop delivery system.—
  164         (1) The one-stop delivery system is the state’s primary
  165  customer-service strategy for offering every Floridian access,
  166  through service sites or telephone or computer networks, to the
  167  following services:
  168         (k) Benefit management and career planning using a tool to
  169  demonstrate future financial impacts of the participant’s change
  170  in income and benefits over time.
  171         Section 5. Subsections (1) and (5) of section 445.011,
  172  Florida Statutes, are amended to read:
  173         445.011 Consumer-first workforce system.—
  174         (1) The department, in consultation with the state board,
  175  the Department of Education, and the Department of Children and
  176  Families, shall implement, subject to legislative appropriation,
  177  an automated consumer-first workforce system that improves
  178  coordination among required one-stop partners and is necessary
  179  for the efficient and effective operation and management of the
  180  workforce development system. This system must shall include,
  181  but is need not be limited to, the following:
  182         (a) An integrated management system for the one-stop
  183  service delivery system, which includes, at a minimum, common
  184  registration and intake for required one-stop partners,
  185  screening for needs and benefits, benefit management and career
  186  planning using a tool to demonstrate future financial impacts of
  187  the participant’s change in income and benefits over time, case
  188  management, training benefits management, service and training
  189  provider management, performance reporting, executive
  190  information and reporting, and customer-satisfaction tracking
  191  and reporting.
  192         1. The system should report current budgeting, expenditure,
  193  and performance information for assessing performance related to
  194  outcomes, service delivery, and financial administration for
  195  workforce programs pursuant to s. 445.004(5) and (9).
  196         2. The system should include auditable systems and controls
  197  to ensure financial integrity and valid and reliable performance
  198  information.
  199         3. The system should support service integration and case
  200  management across programs and agencies by providing for case
  201  tracking for participants in workforce programs, participants
  202  who receive benefits pursuant to public assistance programs
  203  under chapter 414, and participants in welfare transition
  204  programs under this chapter.
  205         (b) An automated job-matching information system that is
  206  accessible to employers, job seekers, and other users via the
  207  Internet, and that includes, at a minimum, all of the following:
  208         1. Skill match information, including skill gap analysis;
  209  resume creation; job order creation; skill tests; job search by
  210  area, employer type, and employer name; and training provider
  211  linkage.;
  212         2. Job market information based on surveys, including
  213  local, state, regional, national, and international occupational
  214  and job availability information.; and
  215         3. Service provider information, including education and
  216  training providers, child care facilities and related
  217  information, health and social service agencies, and other
  218  providers of services that would be useful to job seekers.
  219         (5) The department shall develop training for required one
  220  stop partners on the use of the consumer-first workforce system,
  221  best practices for the use of a tool demonstrating future
  222  financial impacts of the participant’s change in income and
  223  benefits over time, the different case management methods, the
  224  availability of welfare transition services, and how to
  225  prequalify individuals for workforce programs.
  226         Section 6. Subsection (4) of section 445.017, Florida
  227  Statutes, is amended to read:
  228         445.017 Diversion.—
  229         (4)(a) The local workforce development board shall screen
  230  each family on a case-by-case basis for barriers to obtaining or
  231  retaining employment. The screening must shall identify barriers
  232  that, if corrected, may prevent the family from receiving
  233  temporary cash assistance on a regular basis. At the time of
  234  screening, the local workforce development board shall
  235  administer the intake survey required under s. 445.035(2).
  236         (b) Assistance to overcome a barrier to employment is not
  237  limited to cash, but may include vouchers or other in-kind
  238  benefits.
  239         Section 7. Subsection (2) of section 445.024, Florida
  240  Statutes, is amended to read:
  241         445.024 Work requirements.—
  242         (2) WORK ACTIVITY REQUIREMENTS.—Each individual who is not
  243  otherwise exempt from work activity requirements must
  244  participate in a work activity for the maximum number of hours
  245  allowable under federal law; however, a participant may not be
  246  required to work more than 40 hours per week. The maximum number
  247  of hours each month that a family may be required to participate
  248  in community service or work experience programs is the number
  249  of hours that would result from dividing the family’s monthly
  250  amount for temporary cash assistance and food assistance by the
  251  applicable minimum wage. However, the maximum hours required per
  252  week for community service or work experience may not exceed 40
  253  hours.
  254         (a)1.A participant who has not earned a high school
  255  diploma or its equivalent may participate in adult general
  256  education, as defined in s. 1004.02(3), or a high school
  257  equivalency examination preparation, as defined in s.
  258  1004.02(16). A participant must participate in such program or
  259  course for at least 20 hours per week in order to satisfy the
  260  participant’s work activity requirement.
  261         2.If the state’s TANF work participation rate, as provided
  262  by federal law, does not exceed the federal minimum work
  263  participation rate by 10 percentage points in any month, the
  264  requirements of this subsection may be suspended by the
  265  department until the work participation rate exceeds the federal
  266  minimum work participation rate by 10 percentage points for at
  267  least 3 consecutive months.
  268         3.If the requirements of this subsection are suspended,
  269  the department must issue notice to the affected participants of
  270  the changed work requirements within 5 days after the change in
  271  such work requirements.
  272         (b)(a) A participant in a work activity may also be
  273  required to enroll in and attend a course of instruction
  274  designed to increase literacy skills to a level necessary for
  275  obtaining or retaining employment if the instruction plus the
  276  work activity does not require more than 40 hours per week.
  277         (c)(b) Program funds may be used, as available, to support
  278  the efforts of a participant who meets the work activity
  279  requirements and who wishes to enroll in or continue enrollment
  280  in an adult general education program or other training
  281  programs.
  282         Section 8. Subsections (1) and (2) of section 445.028,
  283  Florida Statutes, are amended to read:
  284         445.028 Transitional benefits and services.—In cooperation
  285  with the department, the Department of Children and Families
  286  shall develop procedures to ensure that families leaving the
  287  temporary cash assistance program receive transitional benefits
  288  and services that will assist the family in moving toward self
  289  sufficiency. At a minimum, such procedures must include, but are
  290  not limited to, the following:
  291         (1) Each recipient of cash assistance who is determined
  292  ineligible for cash assistance for a reason other than a work
  293  activity sanction must shall be contacted by the workforce
  294  system case manager and provided information about the
  295  availability of transitional benefits and services. Such contact
  296  must include the administration of the exit survey required
  297  under s. 445.035(2) and shall be attempted before prior to
  298  closure of the case management file.
  299         (2) Each recipient of temporary cash assistance who is
  300  determined ineligible for cash assistance due to noncompliance
  301  with the work activity requirements must shall be contacted and
  302  provided information in accordance with s. 414.065(1). Such
  303  contact must include the administration of the exit survey
  304  required under s. 445.035(2).
  305         Section 9. Section 445.0281, Florida Statutes, is created
  306  to read:
  307         445.0281 Transitional case management.—Each recipient of
  308  cash assistance who is determined ineligible for cash assistance
  309  for a reason other than noncompliance with work activity
  310  requirements is eligible for voluntary case management services
  311  administered by the local workforce development board. Case
  312  management services must be available to support families who
  313  transition to economic self-sufficiency and to mitigate
  314  dependency on cash assistance. Case management services must
  315  include, but are not limited to, career planning, job search
  316  assistance, resume building, basic financial planning,
  317  connection to support services, and benefits management using a
  318  tool to demonstrate future financial impacts of the
  319  participant’s change in income and benefits over time, as
  320  applicable. Case managers must connect recipients to other
  321  transitional benefits as needed.
  322         Section 10. Section 445.035, Florida Statutes, is amended
  323  to read:
  324         445.035 Data collection and reporting.—
  325         (1) The Department of Children and Families and the state
  326  board shall collect data necessary to administer this chapter
  327  and make the reports required under federal law to the United
  328  States Department of Health and Human Services and the United
  329  States Department of Agriculture.
  330         (2)CareerSource Florida, Inc., in collaboration with the
  331  department, the Department of Children and Families, and the
  332  local workforce development boards, shall develop standardized
  333  intake and exit surveys for the purpose of collecting and
  334  aggregating data to monitor program effectiveness, inform
  335  program improvements, and allocate resources.
  336         (a)The intake survey must be administered by the local
  337  workforce development boards during the required diversion
  338  screening process under s. 445.017. The intake survey must be
  339  administered to each new recipient of temporary cash assistance
  340  under chapter 414 who has not otherwise completed the survey.
  341         (b)The intake survey must, at a minimum, collect
  342  qualitative or quantitative data, as applicable, relating to all
  343  of the following:
  344         1.The recipient’s perceived individual barriers to
  345  employment.
  346         2.The reasons cited by the recipient for his or her
  347  separation from employment in the previous 12 months.
  348         3.The recipient’s stated goals for employment or
  349  professional development.
  350         4.The recipient’s highest level of education or
  351  credentials attained or training received at the time of
  352  enrollment.
  353         5.The recipient’s awareness of welfare transition
  354  services.
  355         (c)The exit survey must be administered by the local
  356  workforce development boards to recipients of temporary cash
  357  assistance under chapter 414 as recipients prepare to transition
  358  off of temporary cash assistance. Based on a recipient’s
  359  circumstances, the exit survey must be administered to the
  360  recipient at one of the following points of contact:
  361         1.The recipient is approaching the statutory time
  362  limitation for temporary cash assistance and is interviewed
  363  pursuant to s. 414.105(10); or
  364         2.At such time when the recipient becomes ineligible for
  365  cash assistance and is contacted pursuant to s. 445.028.
  366         (d)The exit survey must, at a minimum, collect data
  367  relating to all of the following:
  368         1.The recipient’s enrollment in other public benefits
  369  programs at the time of exit.
  370         2.Whether the recipient has a long-term career plan.
  371         3.The recipient’s credentials or education attained or
  372  training received during enrollment.
  373         4.Barriers to the recipient’s employment which were
  374  addressed during enrollment.
  375         5.Any remaining barriers to the recipient’s employment.
  376         (e)The completed surveys must be submitted to CareerSource
  377  Florida, Inc., and anonymized data must be disseminated
  378  quarterly to the department and the Department of Children and
  379  Families.
  380         (f)The department, in consultation with CareerSource
  381  Florida, Inc., and the Department of Children and Families,
  382  shall prepare and submit to the President of the Senate and the
  383  Speaker of the House of Representatives a report by January 1 of
  384  each year. The report must include, at a minimum, the results of
  385  the intake and exit surveys, an analysis of the barriers to
  386  employment experienced by the survey respondents, and any
  387  recommendations for legislative and administrative changes to
  388  mitigate such barriers and improve the effective use of
  389  transitional benefits.
  390         Section 11. Section 1002.935, Florida Statutes, is created
  391  to read:
  392         1002.935School Readiness Plus Program.—The School
  393  Readiness Plus Program is created within the Department of
  394  Education to support the continued school readiness and child
  395  care needs of working families with children. The program is
  396  contingent upon a legislative appropriation and is provided on a
  397  first-come, first-served basis.
  398         (1)(a)A child who is determined to be ineligible for
  399  school readiness program funds due to family income during the
  400  annual eligibility redetermination process pursuant to s.
  401  1002.87(6) is eligible for a subsidy under this section if the
  402  family income is between 85 percent and 100 percent, inclusive,
  403  of the state median income.
  404         (b)1.The early learning coalitions established in s.
  405  1002.83 shall administer the School Readiness Plus Program and
  406  provide participants with access to the benefit management and
  407  career planning tool described in s. 445.009(1)(k).
  408         2.The early learning coalitions must spend the minimum
  409  amount of funds necessary for the efficient and effective
  410  administration of the School Readiness Plus Program. The early
  411  learning coalitions may not use more than 5 percent of the funds
  412  allowed for the program for administrative costs in a fiscal
  413  year.
  414         (2)(a)The amount of the subsidy is a percentage of the
  415  early learning coalition’s approved school readiness program
  416  provider reimbursement rates as calculated pursuant to s.
  417  1002.84(17). An early learning coalition shall consider family
  418  income and a required parent copayment that increases in
  419  relation to the family income when establishing the percentage
  420  for the amount of the subsidy for the program.
  421         (b)The amount of the subsidy and parent copayment must be
  422  sufficient to allow the family to access eligible school
  423  readiness providers pursuant to s. 1002.88 and enable the parent
  424  to achieve self-sufficiency.
  425         (3)For a parent to receive a subsidy under the program, he
  426  or she must:
  427         (a)Provide any documentation necessary to verify the
  428  parent’s eligibility to receive the subsidy.
  429         (b)Be responsible for the payment of all child care
  430  expenses in excess of the amount of the subsidy.
  431         Section 12. For the 2024-2025 fiscal year, the sum of
  432  $23,076,259 in nonrecurring funds is appropriated from the
  433  General Revenue Fund to the Department of Education to implement
  434  the School Readiness Plus Program established in s. 1002.935,
  435  Florida Statutes. These funds shall be placed in reserve. The
  436  department is authorized to submit budget amendments requesting
  437  the release of the funds pursuant to chapter 216, Florida
  438  Statutes. Release of the funds is contingent upon the submission
  439  of an allocation plan developed by the department in
  440  collaboration with the early learning coalitions established
  441  pursuant to s. 1002.83, Florida Statutes.
  442         Section 13. This act shall take effect July 1, 2024.