Florida Senate - 2024 (Proposed Bill) SPB 7052
FOR CONSIDERATION By the Committee on Children, Families, and
Elder Affairs
586-02759A-24 20247052pb
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 an
20 intake survey; amending s. 445.024, F.S.; authorizing
21 certain participants to participate in certain
22 programs or courses for a specified number of hours
23 per week; authorizing the Department of Commerce to
24 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; providing an effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. Subsection (1) of section 414.065, Florida
49 Statutes, is amended to read:
50 414.065 Noncompliance with work requirements.—
51 (1) PENALTIES FOR NONPARTICIPATION IN WORK REQUIREMENTS AND
52 FAILURE TO COMPLY WITH ALTERNATIVE REQUIREMENT PLANS.—The
53 department shall establish procedures for administering
54 penalties for nonparticipation in work requirements and failure
55 to comply with the alternative requirement plan. If an
56 individual in a family receiving temporary cash assistance fails
57 to engage in work activities required in accordance with s.
58 445.024, the following penalties shall apply. Before Prior to
59 the imposition of a sanction, the participant must shall be
60 notified orally or in writing that the participant is subject to
61 sanction and that action will be taken to impose the sanction
62 unless the participant complies with the work activity
63 requirements. The participant must shall be counseled as to the
64 consequences of noncompliance and, if appropriate, shall be
65 referred for services that could assist the participant to fully
66 comply with program requirements. If the participant has good
67 cause for noncompliance or demonstrates satisfactory compliance,
68 the sanction may shall not be imposed. If the requirements of s.
69 445.024(2)(a)1. are suspended pursuant to s. 445.024(2)(a)2., a
70 participant in noncompliance because of such suspension is
71 considered to have good cause for noncompliance for up to 6
72 weeks after the change in the participant’s work requirements.
73 If the participant has subsequently obtained employment, the
74 participant must shall be counseled regarding the transitional
75 benefits that may be available and provided information about
76 how to access such benefits. The department shall administer
77 sanctions related to food assistance consistent with federal
78 regulations.
79 (a)1. First noncompliance: temporary cash assistance is
80 shall be terminated for the family for a minimum of 10 days or
81 until the individual who failed to comply does so.
82 2. Second noncompliance: temporary cash assistance is shall
83 be terminated for the family for 1 month or until the individual
84 who failed to comply does so, whichever is later. Upon meeting
85 this requirement, temporary cash assistance must shall be
86 reinstated to the date of compliance or the first day of the
87 month following the penalty period, whichever is later.
88 3. Third noncompliance: temporary cash assistance is shall
89 be terminated for the family for 3 months or until the
90 individual who failed to comply does so, whichever is later. The
91 individual must shall be required to comply with the required
92 work activity upon completion of the 3-month penalty period,
93 before reinstatement of temporary cash assistance. Upon meeting
94 this requirement, temporary cash assistance must shall be
95 reinstated to the date of compliance or the first day of the
96 month following the penalty period, whichever is later.
97 (b) If a participant receiving temporary cash assistance
98 who is otherwise exempted from noncompliance penalties fails to
99 comply with the alternative requirement plan required in
100 accordance with this section, the penalties provided in
101 paragraph (a) shall apply.
102
103 If a participant fully complies with work activity requirements
104 for at least 6 months, the participant must shall be reinstated
105 as being in full compliance with program requirements for
106 purpose of sanctions imposed under this section.
107 Section 2. Subsection (10) of section 414.105, Florida
108 Statutes, is amended to read:
109 414.105 Time limitations of temporary cash assistance.
110 Except as otherwise provided in this section, an applicant or
111 current participant shall receive temporary cash assistance for
112 no more than a lifetime cumulative total of 48 months, unless
113 otherwise provided by law.
114 (10) A member of the staff of the local workforce
115 development board shall interview and assess the employment
116 prospects and barriers of each participant who is within 6
117 months of reaching the 48-month time limit. The staff member
118 shall do all of the following:
119 (a) Administer the exit survey required under s.
120 445.035(2).
121 (b) Use a tool to demonstrate future financial impacts of
122 the participant’s change in income and benefits over time.
123 (c) Assist the participant in identifying actions necessary
124 to become employed before reaching the benefit time limit for
125 temporary cash assistance.
126 (d) and, If appropriate, shall refer the participant for
127 services that could facilitate employment, including, but not
128 limited to, transitional benefits and services.
129 Section 3. Section 414.455, Florida Statutes, is amended to
130 read:
131 414.455 Supplemental Nutrition Assistance Program;
132 legislative authorization.—
133 (1) Notwithstanding s. 414.45, and unless expressly
134 required by federal law, the department must shall obtain
135 specific authorization from the Legislature before seeking,
136 applying for, accepting, or renewing any waiver of work
137 requirements established by the Supplemental Nutrition
138 Assistance Program under 7 U.S.C. s. 2015(o).
139 (2) Unless prohibited by the Federal Government, the
140 department must require a person who is receiving food
141 assistance; who is 18 to 59 years of age, inclusive; who does
142 not have children under the age of 18 in his or her home; who
143 does not qualify for an exemption; and who is determined by the
144 department to be eligible, to participate in an employment and
145 training program.
146 Section 4. Present paragraph (k) of subsection (1) of
147 section 445.009, Florida Statutes, is redesignated as paragraph
148 (l), and a new paragraph (k) is added to that subsection, to
149 read:
150 445.009 One-stop delivery system.—
151 (1) The one-stop delivery system is the state’s primary
152 customer-service strategy for offering every Floridian access,
153 through service sites or telephone or computer networks, to the
154 following services:
155 (k) Benefit management and career planning using a tool to
156 demonstrate future financial impacts of the participant’s change
157 in income and benefits over time.
158 Section 5. Subsections (1) and (5) of section 445.011,
159 Florida Statutes, are amended to read:
160 445.011 Consumer-first workforce system.—
161 (1) The department, in consultation with the state board,
162 the Department of Education, and the Department of Children and
163 Families, shall implement, subject to legislative appropriation,
164 an automated consumer-first workforce system that improves
165 coordination among required one-stop partners and is necessary
166 for the efficient and effective operation and management of the
167 workforce development system. This system must shall include,
168 but is need not be limited to, the following:
169 (a) An integrated management system for the one-stop
170 service delivery system, which includes, at a minimum, common
171 registration and intake for required one-stop partners,
172 screening for needs and benefits, benefit management and career
173 planning using a tool to demonstrate future financial impacts of
174 the participant’s change in income and benefits over time, case
175 management, training benefits management, service and training
176 provider management, performance reporting, executive
177 information and reporting, and customer-satisfaction tracking
178 and reporting.
179 1. The system should report current budgeting, expenditure,
180 and performance information for assessing performance related to
181 outcomes, service delivery, and financial administration for
182 workforce programs pursuant to s. 445.004(5) and (9).
183 2. The system should include auditable systems and controls
184 to ensure financial integrity and valid and reliable performance
185 information.
186 3. The system should support service integration and case
187 management across programs and agencies by providing for case
188 tracking for participants in workforce programs, participants
189 who receive benefits pursuant to public assistance programs
190 under chapter 414, and participants in welfare transition
191 programs under this chapter.
192 (b) An automated job-matching information system that is
193 accessible to employers, job seekers, and other users via the
194 Internet, and that includes, at a minimum, all of the following:
195 1. Skill match information, including skill gap analysis;
196 resume creation; job order creation; skill tests; job search by
197 area, employer type, and employer name; and training provider
198 linkage.;
199 2. Job market information based on surveys, including
200 local, state, regional, national, and international occupational
201 and job availability information.; and
202 3. Service provider information, including education and
203 training providers, child care facilities and related
204 information, health and social service agencies, and other
205 providers of services that would be useful to job seekers.
206 (5) The department shall develop training for required one
207 stop partners on the use of the consumer-first workforce system,
208 best practices for the use of a tool demonstrating future
209 financial impacts of the participant’s change in income and
210 benefits over time, the different case management methods, the
211 availability of welfare transition services, and how to
212 prequalify individuals for workforce programs.
213 Section 6. Subsection (4) of section 445.017, Florida
214 Statutes, is amended to read:
215 445.017 Diversion.—
216 (4)(a) The local workforce development board shall screen
217 each family on a case-by-case basis for barriers to obtaining or
218 retaining employment. The screening must shall identify barriers
219 that, if corrected, may prevent the family from receiving
220 temporary cash assistance on a regular basis. At the time of
221 screening, the local workforce development board shall
222 administer the intake survey required under s. 445.035(2).
223 (b) Assistance to overcome a barrier to employment is not
224 limited to cash, but may include vouchers or other in-kind
225 benefits.
226 Section 7. Subsection (2) of section 445.024, Florida
227 Statutes, is amended to read:
228 445.024 Work requirements.—
229 (2) WORK ACTIVITY REQUIREMENTS.—Each individual who is not
230 otherwise exempt from work activity requirements must
231 participate in a work activity for the maximum number of hours
232 allowable under federal law; however, a participant may not be
233 required to work more than 40 hours per week. The maximum number
234 of hours each month that a family may be required to participate
235 in community service or work experience programs is the number
236 of hours that would result from dividing the family’s monthly
237 amount for temporary cash assistance and food assistance by the
238 applicable minimum wage. However, the maximum hours required per
239 week for community service or work experience may not exceed 40
240 hours.
241 (a)1. A participant who has not earned a high school
242 diploma or its equivalent may participate in adult general
243 education, as defined in s. 1004.02(3), or a high school
244 equivalency examination preparation, as defined in s.
245 1004.02(16). A participant must participate in such program or
246 course for at least 20 hours per week in order to satisfy the
247 participant’s work activity requirement.
248 2. If the state’s TANF work participation rate, as provided
249 by federal law, does not exceed the federal minimum work
250 participation rate by 10 percentage points in any month, the
251 requirements of this subsection may be suspended by the
252 department until the work participation rate exceeds the federal
253 minimum work participation rate by 10 percentage points for at
254 least 3 consecutive months.
255 3. If the requirements of this subsection are suspended,
256 the department must issue notice to the affected participants of
257 the changed work requirements within 5 days after the change in
258 such work requirements.
259 (b)(a) A participant in a work activity may also be
260 required to enroll in and attend a course of instruction
261 designed to increase literacy skills to a level necessary for
262 obtaining or retaining employment if the instruction plus the
263 work activity does not require more than 40 hours per week.
264 (c)(b) Program funds may be used, as available, to support
265 the efforts of a participant who meets the work activity
266 requirements and who wishes to enroll in or continue enrollment
267 in an adult general education program or other training
268 programs.
269 Section 8. Subsections (1) and (2) of section 445.028,
270 Florida Statutes, are amended to read:
271 445.028 Transitional benefits and services.—In cooperation
272 with the department, the Department of Children and Families
273 shall develop procedures to ensure that families leaving the
274 temporary cash assistance program receive transitional benefits
275 and services that will assist the family in moving toward self
276 sufficiency. At a minimum, such procedures must include, but are
277 not limited to, the following:
278 (1) Each recipient of cash assistance who is determined
279 ineligible for cash assistance for a reason other than a work
280 activity sanction must shall be contacted by the workforce
281 system case manager and provided information about the
282 availability of transitional benefits and services. Such contact
283 must include the administration of the exit survey required
284 under s. 445.035(2) and shall be attempted before prior to
285 closure of the case management file.
286 (2) Each recipient of temporary cash assistance who is
287 determined ineligible for cash assistance due to noncompliance
288 with the work activity requirements must shall be contacted and
289 provided information in accordance with s. 414.065(1). Such
290 contact must include the administration of the exit survey
291 required under s. 445.035(2).
292 Section 9. Section 445.0281, Florida Statutes, is created
293 to read:
294 445.0281 Transitional case management.—Each recipient of
295 cash assistance who is determined ineligible for cash assistance
296 for a reason other than noncompliance with work activity
297 requirements is eligible for voluntary case management services
298 administered by the local workforce development board. Case
299 management services must be available to support families who
300 transition to economic self-sufficiency and to mitigate
301 dependency on cash assistance. Case management services must
302 include, but are not limited to, career planning, job search
303 assistance, resume building, basic financial planning,
304 connection to support services, and benefits management using a
305 tool to demonstrate future financial impacts of the
306 participant’s change in income and benefits over time, as
307 applicable. Case managers must connect recipients to other
308 transitional benefits as needed.
309 Section 10. Section 445.035, Florida Statutes, is amended
310 to read:
311 445.035 Data collection and reporting.—
312 (1) The Department of Children and Families and the state
313 board shall collect data necessary to administer this chapter
314 and make the reports required under federal law to the United
315 States Department of Health and Human Services and the United
316 States Department of Agriculture.
317 (2) CareerSource Florida, Inc., in collaboration with the
318 department, the Department of Children and Families, and the
319 local workforce development boards, shall develop standardized
320 intake and exit surveys for the purpose of collecting and
321 aggregating data to monitor program effectiveness, inform
322 program improvements, and allocate resources.
323 (a) The intake survey must be administered by the local
324 workforce development boards during the required diversion
325 screening process under s. 445.017. The intake survey must be
326 administered to each new recipient of temporary cash assistance
327 under chapter 414 who has not otherwise completed the survey.
328 (b) The intake survey must, at a minimum, collect
329 qualitative or quantitative data, as applicable, relating to all
330 of the following:
331 1. The recipient’s perceived individual barriers to
332 employment.
333 2. The reasons cited by the recipient for his or her
334 separation from employment in the previous 12 months.
335 3. The recipient’s stated goals for employment or
336 professional development.
337 4. The recipient’s highest level of education or
338 credentials attained or training received at the time of
339 enrollment.
340 5. The recipient’s awareness of welfare transition
341 services.
342 (c) The exit survey must be administered by the local
343 workforce development boards to recipients of temporary cash
344 assistance under chapter 414 as recipients prepare to transition
345 off of temporary cash assistance. Based on a recipient’s
346 circumstances, the exit survey must be administered to the
347 recipient at one of the following points of contact:
348 1. The recipient is approaching the statutory time
349 limitation for temporary cash assistance and is interviewed
350 pursuant to s. 414.105(10); or
351 2. At such time when the recipient becomes ineligible for
352 cash assistance and is contacted pursuant to s. 445.028.
353 (d) The exit survey must, at a minimum, collect data
354 relating to all of the following:
355 1. The recipient’s enrollment in other public benefits
356 programs at the time of exit.
357 2. Whether the recipient has a long-term career plan.
358 3. The recipient’s credentials or education attained or
359 training received during enrollment.
360 4. Barriers to the recipient’s employment which were
361 addressed during enrollment.
362 5. Any remaining barriers to the recipient’s employment.
363 (e) The completed surveys must be submitted to CareerSource
364 Florida, Inc., and anonymized data must be disseminated
365 quarterly to the department and the Department of Children and
366 Families.
367 (f) The department, in consultation with CareerSource
368 Florida, Inc., and the Department of Children and Families,
369 shall prepare and submit to the President of the Senate and the
370 Speaker of the House of Representatives a report by January 1 of
371 each year. The report must include, at a minimum, the results of
372 the intake and exit surveys, an analysis of the barriers to
373 employment experienced by the survey respondents, and any
374 recommendations for legislative and administrative changes to
375 mitigate such barriers and improve the effective use of
376 transitional benefits.
377 Section 11. This act shall take effect July 1, 2024.