| 1 | A bill to be entitled |
| 2 | An act relating to public assistance; amending ss. 97.021, |
| 3 | 163.2523, 163.456, 220.187, 288.9618, 341.041, 379.353, |
| 4 | 402.33, 409.2554, 409.2576, 409.903, 409.942, 411.0101, |
| 5 | 414.0252, 414.065, 414.0655, 414.075, 414.085, 414.095, |
| 6 | 414.14, 414.16, 414.17, 414.175, 414.31, 414.32, 414.33, |
| 7 | 414.34, 414.35, 414.36, 414.39, 414.41, 414.45, 420.624, |
| 8 | 430.2053, 445.004, 445.009, 445.024, 445.026, 445.048, |
| 9 | 718.115, 817.568, 921.0022, and 943.401, F.S.; revising |
| 10 | terminology relating to the food stamp program and the |
| 11 | WAGES Program to conform to current federal law; providing |
| 12 | an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Subsection (29) of section 97.021, Florida |
| 17 | Statutes, is amended to read: |
| 18 | 97.021 Definitions.-For the purposes of this code, except |
| 19 | where the context clearly indicates otherwise, the term: |
| 20 | (29) "Public assistance" means assistance provided through |
| 21 | the food assistance stamp program under the federal Supplemental |
| 22 | Nutrition Assistance Program; the Medicaid program; the Special |
| 23 | Supplemental Food Program for Women, Infants, and Children; and |
| 24 | the Temporary Cash Assistance WAGES Program. |
| 25 | Section 2. Section 163.2523, Florida Statutes, is amended |
| 26 | to read: |
| 27 | 163.2523 Grant program.-An Urban Infill and Redevelopment |
| 28 | Assistance Grant Program is created for local governments. A |
| 29 | local government may allocate grant money to special districts, |
| 30 | including community redevelopment agencies, and nonprofit |
| 31 | community development organizations to implement projects |
| 32 | consistent with an adopted urban infill and redevelopment plan |
| 33 | or plan employed in lieu thereof. Thirty percent of the general |
| 34 | revenue appropriated for this program shall be available for |
| 35 | planning grants to be used by local governments for the |
| 36 | development of an urban infill and redevelopment plan, including |
| 37 | community participation processes for the plan. Sixty percent of |
| 38 | the general revenue appropriated for this program shall be |
| 39 | available for fifty/fifty matching grants for implementing urban |
| 40 | infill and redevelopment projects that further the objectives |
| 41 | set forth in the local government's adopted urban infill and |
| 42 | redevelopment plan or plan employed in lieu thereof. The |
| 43 | remaining 10 percent of the revenue must be used for outright |
| 44 | grants for implementing projects requiring an expenditure of |
| 45 | under $50,000. If the volume of fundable applications under any |
| 46 | of the allocations specified in this section does not fully |
| 47 | obligate the amount of the allocation, the Department of |
| 48 | Community Affairs may transfer the unused balance to the |
| 49 | category having the highest dollar value of applications |
| 50 | eligible but unfunded. However, in no event may the percentage |
| 51 | of dollars allocated to outright grants for implementing |
| 52 | projects exceed 20 percent in any given fiscal year. Projects |
| 53 | that provide employment opportunities to clients of the |
| 54 | Temporary Cash Assistance WAGES program and projects within |
| 55 | urban infill and redevelopment areas that include a community |
| 56 | redevelopment area, Florida Main Street program, Front Porch |
| 57 | Florida Community, sustainable community, enterprise zone, |
| 58 | federal enterprise zone, enterprise community, or neighborhood |
| 59 | improvement district must be given an elevated priority in the |
| 60 | scoring of competing grant applications. The Division of Housing |
| 61 | and Community Development of the Department of Community Affairs |
| 62 | shall administer the grant program. The Department of Community |
| 63 | Affairs shall adopt rules establishing grant review criteria |
| 64 | consistent with this section. |
| 65 | Section 3. Paragraph (c) of subsection (1) of section |
| 66 | 163.456, Florida Statutes, is amended to read: |
| 67 | 163.456 Legislative findings and intent.- |
| 68 | (1) The Legislature finds that: |
| 69 | (c) The available means of eliminating or reducing these |
| 70 | deteriorating economic conditions and encouraging local resident |
| 71 | participation and support is to provide support assistance and |
| 72 | resource investment to community-based development |
| 73 | organizations. The Legislature also finds that community-based |
| 74 | development organizations can contribute to the creation of jobs |
| 75 | in response to federal welfare reform and state Temporary Cash |
| 76 | Assistance WAGES Program legislation, and economic development |
| 77 | activities related to urban and rural economic initiatives. |
| 78 | Section 4. Paragraph (b) of subsection (2) of section |
| 79 | 220.187, Florida Statutes, is amended to read: |
| 80 | 220.187 Credits for contributions to nonprofit |
| 81 | scholarship-funding organizations.- |
| 82 | (2) DEFINITIONS.-As used in this section, the term: |
| 83 | (b) "Direct certification list" means the certified list |
| 84 | of children who qualify for the food assistance Stamp program, |
| 85 | the Temporary Assistance to Needy Families Program, or the Food |
| 86 | Distribution Program on Indian Reservations provided to the |
| 87 | Department of Education by the Department of Children and Family |
| 88 | Services. |
| 89 | Section 5. Paragraph (h) of subsection (1) of section |
| 90 | 288.9618, Florida Statutes, is amended to read: |
| 91 | 288.9618 Microenterprises.- |
| 92 | (1) Subject to specific appropriations in the General |
| 93 | Appropriations Act, the Office of Tourism, Trade, and Economic |
| 94 | Development may contract with some appropriate not-for-profit or |
| 95 | governmental organization for any action that the office deems |
| 96 | necessary to foster the development of microenterprises in the |
| 97 | state. As used within this section, microenterprises are |
| 98 | extremely small business enterprises which enable low and |
| 99 | moderate income individuals to achieve self-sufficiency through |
| 100 | self-employment. Microenterprise programs are those which |
| 101 | provide at least one of the following: small amounts of capital, |
| 102 | business training, and technical assistance. Where feasible, the |
| 103 | office or organizations under contract with the office shall |
| 104 | work in cooperation with other organizations active in the study |
| 105 | and support of microenterprises. Such actions may include, but |
| 106 | are not limited to: |
| 107 | (h) Coordinating with other organizations to ensure that |
| 108 | participants in the Temporary Cash Assistance WAGES Program are |
| 109 | given opportunities to create microenterprises. |
| 110 | Section 6. Subsection (14) of section 341.041, Florida |
| 111 | Statutes, is amended to read: |
| 112 | 341.041 Transit responsibilities of the department.-The |
| 113 | department shall, within the resources provided pursuant to |
| 114 | chapter 216: |
| 115 | (14) Assist local governmental entities and other transit |
| 116 | operators in the planning, development, and coordination of |
| 117 | transit services for Temporary Cash Assistance WAGES Program |
| 118 | participants as defined in s. 414.0252. |
| 119 | Section 7. Paragraph (h) of subsection (2) of section |
| 120 | 379.353, Florida Statutes, is amended to read: |
| 121 | 379.353 Recreational licenses and permits; exemptions from |
| 122 | fees and requirements.- |
| 123 | (2) A hunting, freshwater fishing, or saltwater fishing |
| 124 | license or permit is not required for: |
| 125 | (h) Any resident saltwater fishing from land or from a |
| 126 | structure fixed to the land who has been determined eligible by |
| 127 | the Department of Children and Family Services for the food |
| 128 | assistance stamp program, temporary cash assistance, or the |
| 129 | Medicaid programs. A benefit issuance or program identification |
| 130 | card issued by the Department of Children and Family Services or |
| 131 | the Florida Medicaid program of the Agency for Health Care |
| 132 | Administration shall serve as proof of program eligibility. The |
| 133 | client must have in his or her possession the ID card and |
| 134 | positive proof of identification when fishing. |
| 135 | Section 8. Paragraph (g) of subsection (1) of section |
| 136 | 402.33, Florida Statutes, is amended to read: |
| 137 | 402.33 Department authority to charge fees for services |
| 138 | provided.- |
| 139 | (1) As used in this section, the term: |
| 140 | (g) "State and federal aid" means cash assistance or cash |
| 141 | equivalent benefits based on an individual's proof of financial |
| 142 | need, including, but not limited to, temporary cash assistance |
| 143 | and food assistance stamps. |
| 144 | Section 9. Subsection (8) of section 409.2554, Florida |
| 145 | Statutes, is amended to read: |
| 146 | 409.2554 Definitions; ss. 409.2551-409.2598.-As used in |
| 147 | ss. 409.2551-409.2598, the term: |
| 148 | (8) "Public assistance" means money assistance paid on the |
| 149 | basis of Title IV-E and Title XIX of the Social Security Act, |
| 150 | temporary cash assistance, or food assistance benefits stamps |
| 151 | received on behalf of a child under 18 years of age who has an |
| 152 | absent parent. |
| 153 | Section 10. Paragraph (a) of subsection (9) of section |
| 154 | 409.2576, Florida Statutes, is amended to read: |
| 155 | 409.2576 State Directory of New Hires.- |
| 156 | (9) DISCLOSURE OF INFORMATION.- |
| 157 | (a) New hire information shall be disclosed to the state |
| 158 | agency administering the following programs for the purposes of |
| 159 | determining eligibility under those programs: |
| 160 | 1. Any state program funded under part A of Title IV of |
| 161 | the Social Security Act; |
| 162 | 2. The Medicaid program under Title XIX of the Social |
| 163 | Security Act; |
| 164 | 3. The unemployment compensation program under s. 3304 of |
| 165 | the Internal Revenue Code of 1954; |
| 166 | 4. The food assistance stamp program under the Food and |
| 167 | Nutrition Act of 2008 Food Stamp Act of 1977; and |
| 168 | 5. Any state program under a plan approved under Title I |
| 169 | (Old-Age Assistance for the Aged), Title X (Aid to the Blind), |
| 170 | Title XIV (Aid to the Permanently and Totally Disabled), or |
| 171 | Title XVI (Aid to the Aged, Blind, or Disabled; Supplemental |
| 172 | Security Income for the Aged, Blind, and Disabled) of the Social |
| 173 | Security Act. |
| 174 | Section 11. Subsection (3) of section 409.903, Florida |
| 175 | Statutes, is amended to read: |
| 176 | 409.903 Mandatory payments for eligible persons.-The |
| 177 | agency shall make payments for medical assistance and related |
| 178 | services on behalf of the following persons who the department, |
| 179 | or the Social Security Administration by contract with the |
| 180 | Department of Children and Family Services, determines to be |
| 181 | eligible, subject to the income, assets, and categorical |
| 182 | eligibility tests set forth in federal and state law. Payment on |
| 183 | behalf of these Medicaid eligible persons is subject to the |
| 184 | availability of moneys and any limitations established by the |
| 185 | General Appropriations Act or chapter 216. |
| 186 | (3) A child under age 21 living in a low-income, two- |
| 187 | parent family, and a child under age 7 living with a |
| 188 | nonrelative, if the income and assets of the family or child, as |
| 189 | applicable, do not exceed the resource limits under the |
| 190 | Temporary Cash Assistance WAGES Program. |
| 191 | Section 12. Subsection (1) of section 409.942, Florida |
| 192 | Statutes, is amended to read: |
| 193 | 409.942 Electronic benefit transfer program.- |
| 194 | (1) The Department of Children and Family Services shall |
| 195 | establish an electronic benefit transfer program for the |
| 196 | dissemination of food assistance stamp benefits and temporary |
| 197 | cash assistance payments, including refugee cash assistance |
| 198 | payments, asylum applicant payments, and child support disregard |
| 199 | payments. If the Federal Government does not enact legislation |
| 200 | or regulations providing for dissemination of supplemental |
| 201 | security income by electronic benefit transfer, the state may |
| 202 | include supplemental security income in the electronic benefit |
| 203 | transfer program. |
| 204 | Section 13. Subsection (1) of section 411.0101, Florida |
| 205 | Statutes, is amended to read: |
| 206 | 411.0101 Child care and early childhood resource and |
| 207 | referral.-The Agency for Workforce Innovation shall establish a |
| 208 | statewide child care resource and referral network. Preference |
| 209 | shall be given to using the already established early learning |
| 210 | coalitions as the child care resource and referral agency. If an |
| 211 | early learning coalition cannot comply with the requirements to |
| 212 | offer the resource information component or does not want to |
| 213 | offer that service, the early learning coalition shall select |
| 214 | the resource information agency based upon a request for |
| 215 | proposal pursuant to s. 411.01(5)(e)1. At least one child care |
| 216 | resource and referral agency must be established in each early |
| 217 | learning coalition's county or multicounty region. Child care |
| 218 | resource and referral agencies shall provide the following |
| 219 | services: |
| 220 | (1) Identification of existing public and private child |
| 221 | care and early childhood education services, including child |
| 222 | care services by public and private employers, and the |
| 223 | development of a resource file of those services. These services |
| 224 | may include family day care, public and private child care |
| 225 | programs, head start, prekindergarten early intervention |
| 226 | programs, special education programs for prekindergarten |
| 227 | handicapped children, services for children with developmental |
| 228 | disabilities, full-time and part-time programs, before-school |
| 229 | and after-school programs, vacation care programs, parent |
| 230 | education, the Temporary Cash Assistance WAGES Program, and |
| 231 | related family support services. The resource file shall |
| 232 | include, but not be limited to: |
| 233 | (a) Type of program. |
| 234 | (b) Hours of service. |
| 235 | (c) Ages of children served. |
| 236 | (d) Number of children served. |
| 237 | (e) Significant program information. |
| 238 | (f) Fees and eligibility for services. |
| 239 | (g) Availability of transportation. |
| 240 | Section 14. Subsection (10) of section 414.0252, Florida |
| 241 | Statutes, is amended to read: |
| 242 | 414.0252 Definitions.-As used in ss. 414.025-414.55, the |
| 243 | term: |
| 244 | (10) "Public assistance" means benefits paid on the basis |
| 245 | of the temporary cash assistance, food assistance stamp, |
| 246 | Medicaid, or optional state supplementation program. |
| 247 | Section 15. Subsection (1), paragraphs (a), (c), and (d) |
| 248 | of subsection (2), and subsection (3) of section 414.065, |
| 249 | Florida Statutes, are amended to read: |
| 250 | 414.065 Noncompliance with work requirements.- |
| 251 | (1) PENALTIES FOR NONPARTICIPATION IN WORK REQUIREMENTS |
| 252 | AND FAILURE TO COMPLY WITH ALTERNATIVE REQUIREMENT PLANS.-The |
| 253 | department shall establish procedures for administering |
| 254 | penalties for nonparticipation in work requirements and failure |
| 255 | to comply with the alternative requirement plan. If an |
| 256 | individual in a family receiving temporary cash assistance fails |
| 257 | to engage in work activities required in accordance with s. |
| 258 | 445.024, the following penalties shall apply. Prior to the |
| 259 | imposition of a sanction, the participant shall be notified |
| 260 | orally or in writing that the participant is subject to sanction |
| 261 | and that action will be taken to impose the sanction unless the |
| 262 | participant complies with the work activity requirements. The |
| 263 | participant shall be counseled as to the consequences of |
| 264 | noncompliance and, if appropriate, shall be referred for |
| 265 | services that could assist the participant to fully comply with |
| 266 | program requirements. If the participant has good cause for |
| 267 | noncompliance or demonstrates satisfactory compliance, the |
| 268 | sanction shall not be imposed. If the participant has |
| 269 | subsequently obtained employment, the participant shall be |
| 270 | counseled regarding the transitional benefits that may be |
| 271 | available and provided information about how to access such |
| 272 | benefits. The department shall administer sanctions related to |
| 273 | food assistance stamps consistent with federal regulations. |
| 274 | (a)1. First noncompliance: temporary cash assistance shall |
| 275 | be terminated for the family for a minimum of 10 days or until |
| 276 | the individual who failed to comply does so. |
| 277 | 2. Second noncompliance: temporary cash assistance shall |
| 278 | be terminated for the family for 1 month or until the individual |
| 279 | who failed to comply does so, whichever is later. Upon meeting |
| 280 | this requirement, temporary cash assistance shall be reinstated |
| 281 | to the date of compliance or the first day of the month |
| 282 | following the penalty period, whichever is later. |
| 283 | 3. Third noncompliance: temporary cash assistance shall be |
| 284 | terminated for the family for 3 months or until the individual |
| 285 | who failed to comply does so, whichever is later. The individual |
| 286 | shall be required to comply with the required work activity upon |
| 287 | completion of the 3-month penalty period, before reinstatement |
| 288 | of temporary cash assistance. Upon meeting this requirement, |
| 289 | temporary cash assistance shall be reinstated to the date of |
| 290 | compliance or the first day of the month following the penalty |
| 291 | period, whichever is later. |
| 292 | (b) If a participant receiving temporary cash assistance |
| 293 | who is otherwise exempted from noncompliance penalties fails to |
| 294 | comply with the alternative requirement plan required in |
| 295 | accordance with this section, the penalties provided in |
| 296 | paragraph (a) shall apply. |
| 297 |
|
| 298 | If a participant fully complies with work activity requirements |
| 299 | for at least 6 months, the participant shall be reinstated as |
| 300 | being in full compliance with program requirements for purpose |
| 301 | of sanctions imposed under this section. |
| 302 | (2) CONTINUATION OF TEMPORARY CASH ASSISTANCE FOR |
| 303 | CHILDREN; PROTECTIVE PAYEES.- |
| 304 | (a) Upon the second or third occurrence of noncompliance, |
| 305 | temporary cash assistance and food assistance stamps for the |
| 306 | child or children in a family who are under age 16 may be |
| 307 | continued. Any such payments must be made through a protective |
| 308 | payee or, in the case of food assistance stamps, through an |
| 309 | authorized representative. Under no circumstances shall |
| 310 | temporary cash assistance or food assistance stamps be paid to |
| 311 | an individual who has failed to comply with program |
| 312 | requirements. |
| 313 | (c) The protective payee designated by the department |
| 314 | shall be the authorized representative for purposes of receiving |
| 315 | food assistance stamps on behalf of a child or children under |
| 316 | age 16. The authorized representative must agree in writing to |
| 317 | use the food assistance stamps in the best interest of the child |
| 318 | or children. |
| 319 | (d) If it is in the best interest of the child or |
| 320 | children, as determined by the department, for the staff member |
| 321 | of a private agency, a public agency, the department, or any |
| 322 | other appropriate organization to serve as a protective payee or |
| 323 | authorized representative, such designation may be made, except |
| 324 | that a protective payee or authorized representative must not be |
| 325 | any individual involved in determining eligibility for temporary |
| 326 | cash assistance or food assistance stamps for the family, staff |
| 327 | handling any fiscal processes related to issuance of temporary |
| 328 | cash assistance or food assistance stamps, or landlords, |
| 329 | grocers, or vendors of goods, services, or items dealing |
| 330 | directly with the participant. |
| 331 | (3) PROPORTIONAL REDUCTION OF TEMPORARY CASH ASSISTANCE |
| 332 | RELATED TO PAY AFTER PERFORMANCE.-Notwithstanding the provisions |
| 333 | of subsection (1), if an individual is receiving temporary cash |
| 334 | assistance under a pay-after-performance arrangement and the |
| 335 | individual participates, but fails to meet the full |
| 336 | participation requirement, then the temporary cash assistance |
| 337 | received shall be reduced and shall be proportional to the |
| 338 | actual participation. Food assistance stamps may be included in |
| 339 | a pay-after-performance arrangement if permitted under federal |
| 340 | law. |
| 341 | Section 16. Subsection (1) of section 414.0655, Florida |
| 342 | Statutes, is amended to read: |
| 343 | 414.0655 Medical incapacity due to substance abuse or |
| 344 | mental health impairment.- |
| 345 | (1) Notwithstanding the provisions of s. 414.065 to the |
| 346 | contrary, any participant who requires out-of-home residential |
| 347 | treatment for alcoholism, drug addiction, alcohol abuse, or a |
| 348 | mental health disorder, as certified by a physician licensed |
| 349 | under chapter 458 or chapter 459, shall be exempted from work |
| 350 | activities while participating in treatment. The participant |
| 351 | shall be required to comply with the course of treatment |
| 352 | necessary for the individual to resume work activity |
| 353 | participation. The treatment agency shall be required to notify |
| 354 | the department with an initial estimate of when the participant |
| 355 | will have completed the course of treatment and be ready to |
| 356 | resume full participation in the Temporary Cash Assistance WAGES |
| 357 | Program. If the treatment will take longer than 60 days, the |
| 358 | treatment agency shall provide to the department the conditions |
| 359 | justifying extended treatment, and the department and the |
| 360 | treatment agency shall negotiate a continued stay in treatment |
| 361 | not to exceed an additional 90 days. |
| 362 | Section 17. Section 414.075, Florida Statutes, is amended |
| 363 | to read: |
| 364 | 414.075 Resource eligibility standards.-For purposes of |
| 365 | program simplification and effective program management, certain |
| 366 | resource definitions, as outlined in the food assistance stamp |
| 367 | regulations at 7 C.F.R. s. 273.8, shall be applied to the |
| 368 | Temporary Cash Assistance WAGES Program as determined by the |
| 369 | department to be consistent with federal law regarding temporary |
| 370 | cash assistance and Medicaid for needy families, except that: |
| 371 | (1) The maximum allowable resources, including liquid and |
| 372 | nonliquid resources, of all members of the family may not exceed |
| 373 | $2,000. |
| 374 | (2) In determining the resources of a family, the |
| 375 | following shall be excluded: |
| 376 | (a) Licensed vehicles needed for individuals subject to |
| 377 | the work participation requirement, not to exceed a combined |
| 378 | value of $8,500, and needed for training, employment, or |
| 379 | education purposes. For any family without an individual subject |
| 380 | to the work participation requirement, one vehicle valued at not |
| 381 | more than $8,500 shall be excluded. Any vehicle that is |
| 382 | necessary to transport a physically disabled family member shall |
| 383 | be excluded. A vehicle shall be considered necessary for the |
| 384 | transportation of a physically disabled family member if the |
| 385 | vehicle is specially equipped to meet the specific needs of the |
| 386 | disabled person or if the vehicle is a special type of vehicle |
| 387 | and makes it possible to transport the disabled person. |
| 388 | (b) Funds paid to a homeless shelter which are being held |
| 389 | for the family to enable the family to pay deposits or other |
| 390 | costs associated with moving to a new shelter arrangement. |
| 391 | (3) A vacation home that annually produces income |
| 392 | consistent with its fair market value, and that is excluded as a |
| 393 | resource in determining eligibility for food assistance stamps |
| 394 | under federal regulations, may not be excluded as a resource in |
| 395 | determining a family's eligibility for temporary cash |
| 396 | assistance. |
| 397 | (4) An individual and the assistance group in which the |
| 398 | individual is a current member will be ineligible for a period |
| 399 | of 2 years from the original date of a transfer of an asset made |
| 400 | for the purpose of qualifying for or maintaining eligibility for |
| 401 | temporary cash assistance. |
| 402 | Section 18. Subsection (1) of section 414.085, Florida |
| 403 | Statutes, is amended to read: |
| 404 | 414.085 Income eligibility standards.- |
| 405 | (1) For purposes of program simplification and effective |
| 406 | program management, certain income definitions, as outlined in |
| 407 | the food assistance stamp regulations at 7 C.F.R. s. 273.9, |
| 408 | shall be applied to the temporary cash assistance program as |
| 409 | determined by the department to be consistent with federal law |
| 410 | regarding temporary cash assistance and Medicaid for needy |
| 411 | families, except as to the following: |
| 412 | (a) Participation in the temporary cash assistance program |
| 413 | shall be limited to those families whose gross family income is |
| 414 | equal to or less than 185 percent of the federal poverty level |
| 415 | established in s. 673(2) of the Community Services Block Grant |
| 416 | Act, 42 U.S.C. s. 9901(2). |
| 417 | (b) Income security payments, including payments funded |
| 418 | under part B of Title IV of the Social Security Act, as amended; |
| 419 | supplemental security income under Title XVI of the Social |
| 420 | Security Act, as amended; or other income security payments as |
| 421 | defined by federal law shall be excluded as income unless |
| 422 | required to be included by federal law. |
| 423 | (c) The first $50 of child support paid to a parent |
| 424 | receiving temporary cash assistance may not be disregarded in |
| 425 | calculating the amount of temporary cash assistance for the |
| 426 | family, unless such exclusion is required by federal law. |
| 427 | (d) An incentive payment to a participant authorized by a |
| 428 | regional workforce board shall not be considered income. |
| 429 | Section 19. Subsection (1), paragraphs (c) and (f) of |
| 430 | subsection (9), and paragraph (f) of subsection (14) of section |
| 431 | 414.095, Florida Statutes, are amended to read: |
| 432 | 414.095 Determining eligibility for temporary cash |
| 433 | assistance.- |
| 434 | (1) ELIGIBILITY.-An applicant must meet eligibility |
| 435 | requirements of this section before receiving services or |
| 436 | temporary cash assistance under this chapter, except that an |
| 437 | applicant shall be required to register for work and engage in |
| 438 | work activities in accordance with s. 445.024, as designated by |
| 439 | the regional workforce board, and may receive support services |
| 440 | or child care assistance in conjunction with such requirement. |
| 441 | The department shall make a determination of eligibility based |
| 442 | on the criteria listed in this chapter. The department shall |
| 443 | monitor continued eligibility for temporary cash assistance |
| 444 | through periodic reviews consistent with the food assistance |
| 445 | stamp eligibility process. Benefits shall not be denied to an |
| 446 | individual solely based on a felony drug conviction, unless the |
| 447 | conviction is for trafficking pursuant to s. 893.135. To be |
| 448 | eligible under this section, an individual convicted of a drug |
| 449 | felony must be satisfactorily meeting the requirements of the |
| 450 | temporary cash assistance program, including all substance abuse |
| 451 | treatment requirements. Within the limits specified in this |
| 452 | chapter, the state opts out of the provision of Pub. L. No. 104- |
| 453 | 193, s. 115, that eliminates eligibility for temporary cash |
| 454 | assistance and food assistance stamps for any individual |
| 455 | convicted of a controlled substance felony. |
| 456 | (9) OPPORTUNITIES AND OBLIGATIONS.-An applicant for |
| 457 | temporary cash assistance has the following opportunities and |
| 458 | obligations: |
| 459 | (c) To be advised of any reduction or termination of |
| 460 | temporary cash assistance or food assistance stamps. |
| 461 | (f) To use temporary cash assistance and food assistance |
| 462 | stamps for the purpose for which the assistance is intended. |
| 463 | (14) PROHIBITIONS AND RESTRICTIONS.- |
| 464 | (f) An individual who is convicted in federal or state |
| 465 | court of receiving benefits under this chapter, Title XIX, the |
| 466 | Food and Nutrition Act of 2008 Food Stamp Act of 1977, or Title |
| 467 | XVI (Supplemental Security Income), in two or more states |
| 468 | simultaneously may not receive temporary cash assistance or |
| 469 | services under this chapter for 10 years following the date of |
| 470 | conviction. |
| 471 | Section 20. Section 414.14, Florida Statutes, is amended |
| 472 | to read: |
| 473 | 414.14 Public assistance policy simplification.-To the |
| 474 | extent possible, the department shall align the requirements for |
| 475 | eligibility under this chapter with the food assistance stamp |
| 476 | program and medical assistance eligibility policies and |
| 477 | procedures to simplify the budgeting process and reduce errors. |
| 478 | If the department determines that s. 414.075, relating to |
| 479 | resources, or s. 414.085, relating to income, is inconsistent |
| 480 | with related provisions of federal law which govern the food |
| 481 | assistance stamp program or medical assistance, and that |
| 482 | conformance to federal law would simplify administration of the |
| 483 | Temporary Cash Assistance WAGES Program or reduce errors without |
| 484 | materially increasing the cost of the program to the state, the |
| 485 | secretary of the department may propose a change in the resource |
| 486 | or income requirements of the program by rule. The secretary |
| 487 | shall provide written notice to the President of the Senate, the |
| 488 | Speaker of the House of Representatives, and the chairpersons of |
| 489 | the relevant committees of both houses of the Legislature |
| 490 | summarizing the proposed modifications to be made by rule and |
| 491 | changes necessary to conform state law to federal law. The |
| 492 | proposed rule shall take effect 14 days after written notice is |
| 493 | given unless the President of the Senate or the Speaker of the |
| 494 | House of Representatives advises the secretary that the proposed |
| 495 | rule exceeds the delegated authority of the Legislature. |
| 496 | Section 21. Paragraph (e) of subsection (3) of section |
| 497 | 414.16, Florida Statutes, is amended to read: |
| 498 | 414.16 Emergency assistance program.- |
| 499 | (3) CRITERIA.-The department shall develop criteria for |
| 500 | implementation of the program in accordance with the following |
| 501 | guidelines: |
| 502 | (e) The family's adjusted gross income may not exceed the |
| 503 | prevailing standard for participation in the Temporary Cash |
| 504 | Assistance WAGES Program for the family's size. |
| 505 | Section 22. Section 414.17, Florida Statutes, is amended |
| 506 | to read: |
| 507 | 414.17 Audits.-The Temporary Cash Assistance WAGES Program |
| 508 | is subject to the audit requirements of 31 U.S.C. ss. 5701 et |
| 509 | seq. |
| 510 | Section 23. Subsection (2) of section 414.175, Florida |
| 511 | Statutes, is amended to read: |
| 512 | 414.175 Review of existing waivers.- |
| 513 | (2) The department shall review federal law, including |
| 514 | revisions to federal food assistance program stamp requirements. |
| 515 | If the department determines that federal food assistance stamp |
| 516 | waivers will further the goals of this chapter, including |
| 517 | simplification of program policies or program administration, |
| 518 | the department may obtain waivers if this can be accomplished |
| 519 | within available resources. |
| 520 | Section 24. Section 414.31, Florida Statutes, is amended |
| 521 | to read: |
| 522 | 414.31 State agency for administering federal food |
| 523 | assistance stamp program.- |
| 524 | (1) The department shall place into operation in each of |
| 525 | the several counties of the state a food assistance stamp |
| 526 | program as authorized by the Congress of the United States. The |
| 527 | department is designated as the state agency responsible for the |
| 528 | administration and operation of such programs. |
| 529 | (2) The department shall provide for such instruction and |
| 530 | counseling as will best assure that the recipients are able to |
| 531 | provide a nutritionally adequate diet through the increased |
| 532 | purchasing power received. This program shall be administered |
| 533 | and operated in such a way that the distribution of food |
| 534 | assistance stamps shall be in locations reasonably accessible to |
| 535 | those areas in which persons eligible for the benefit of this |
| 536 | program are likely to be concentrated. |
| 537 | Section 25. Section 414.32, Florida Statutes, is amended |
| 538 | to read: |
| 539 | 414.32 Prohibitions and restrictions with respect to food |
| 540 | assistance program stamps.- |
| 541 | (1) COOPERATION WITH CHILD SUPPORT ENFORCEMENT AGENCY.- |
| 542 | (a) A parent or caretaker relative who receives temporary |
| 543 | cash assistance or food assistance stamps on behalf of a child |
| 544 | under 18 years of age who has an absent parent is ineligible for |
| 545 | food assistance stamps unless the parent or caretaker relative |
| 546 | cooperates with the state agency that administers the child |
| 547 | support enforcement program in establishing the paternity of the |
| 548 | child, if the child is born out of wedlock, and in obtaining |
| 549 | support for the child or for the parent or caretaker relative |
| 550 | and the child. This paragraph does not apply if the state agency |
| 551 | that administers the food assistance stamp program determines |
| 552 | that the parent or caretaker relative has good cause for failing |
| 553 | to cooperate. The Department of Revenue shall determine good |
| 554 | cause for failure to cooperate if the Department of Children and |
| 555 | Family Services obtains written authorization from the United |
| 556 | States Department of Agriculture approving such arrangements. |
| 557 | (b) A putative or identified noncustodial parent of a |
| 558 | child under 18 years of age is ineligible for food assistance |
| 559 | stamps if the parent fails to cooperate with the state agency |
| 560 | that administers the child support enforcement program in |
| 561 | establishing the paternity of the child, if the child is born |
| 562 | out of wedlock, or fails to provide support for the child. This |
| 563 | paragraph does not apply if the state agency that administers |
| 564 | the child support enforcement program determines that the |
| 565 | noncustodial parent has good cause for refusing to cooperate in |
| 566 | establishing the paternity of the child. |
| 567 | (2) REDUCTION OR DENIAL OF TEMPORARY CASH ASSISTANCE.-The |
| 568 | food assistance stamp allotment shall be reduced or terminated |
| 569 | as otherwise provided in this chapter if temporary cash |
| 570 | assistance under the Temporary Cash Assistance WAGES Program is |
| 571 | reduced or denied because an individual in the family fails to |
| 572 | perform an action required under the program. |
| 573 | (3) DENIAL OF FOOD ASSISTANCE STAMP BENEFITS FOR RECEIPT |
| 574 | OF MULTIPLE FOOD ASSISTANCE STAMP BENEFITS.-An individual is |
| 575 | ineligible to participate in the food assistance stamp program |
| 576 | individually, or as a member of any assistance group, for 10 |
| 577 | years following a conviction in federal or state court of having |
| 578 | made a fraudulent statement or representation with respect to |
| 579 | the identity or place of residence of the individual in order to |
| 580 | receive multiple benefits simultaneously under the food |
| 581 | assistance stamp program. |
| 582 | (4) DENIAL OF FOOD ASSISTANCE STAMP BENEFITS TO FLEEING |
| 583 | FELONS.-An individual is ineligible to participate in the food |
| 584 | assistance stamp program during any period when the individual |
| 585 | is fleeing to avoid prosecution, custody, or confinement after |
| 586 | committing a crime, attempting to commit a crime that is a |
| 587 | felony under the laws of the place from which the individual |
| 588 | flees or a high misdemeanor in the State of New Jersey, or |
| 589 | violating a condition of probation or parole imposed under |
| 590 | federal or state law. |
| 591 | Section 26. Section 414.33, Florida Statutes, is amended |
| 592 | to read: |
| 593 | 414.33 Violations of food assistance stamp program.- |
| 594 | (1) In accordance with federal law and regulations, the |
| 595 | department shall establish procedures for notifying the |
| 596 | appropriate federal and state agencies of any violation of |
| 597 | federal or state laws or rules governing the food assistance |
| 598 | stamp program. |
| 599 | (2) In addition, the department shall establish procedures |
| 600 | for referring to the Department of Law Enforcement any case that |
| 601 | involves a suspected violation of federal or state law or rules |
| 602 | governing the administration of the food assistance stamp |
| 603 | program. |
| 604 | Section 27. Section 414.34, Florida Statutes, is amended |
| 605 | to read: |
| 606 | 414.34 Annual report concerning administrative complaints |
| 607 | and disciplinary actions involving food assistance stamp program |
| 608 | violations.-The department shall prepare and submit a report to |
| 609 | the President of the Senate, the Speaker of the House of |
| 610 | Representatives, the chairs of the appropriate legislative |
| 611 | committees, and the Department of Law Enforcement by January 1 |
| 612 | of each year. In addition to any other information the |
| 613 | Legislature may require, the report must include statistics and |
| 614 | relevant information detailing: |
| 615 | (1) The number of complaints received and investigated. |
| 616 | (2) The number of findings of probable cause made. |
| 617 | (3) The number of findings of no probable cause made. |
| 618 | (4) The number of administrative complaints filed. |
| 619 | (5) The disposition of all administrative complaints. |
| 620 | (6) The number of criminal complaints brought under s. |
| 621 | 414.39, and their disposition. |
| 622 | (7) The status of the development and implementation of |
| 623 | rules governing the electronic benefits transfer program, |
| 624 | including any recommendations for statutory changes. |
| 625 | Section 28. Subsections (1) and (3) of section 414.35, |
| 626 | Florida Statutes, are amended to read: |
| 627 | 414.35 Emergency relief.- |
| 628 | (1) The department shall adopt rules for the |
| 629 | administration of emergency assistance programs delegated to the |
| 630 | department either by executive order in accordance with the |
| 631 | Disaster Relief Act of 1974 or pursuant to the Food and |
| 632 | Nutrition Act of 2008 Food Stamp Act of 1977. |
| 633 | (3) In administering emergency food assistance stamp and |
| 634 | other emergency assistance programs, the department shall |
| 635 | cooperate fully with the United States Government and with other |
| 636 | departments, instrumentalities, and agencies of this state. |
| 637 | Section 29. Subsections (1) and (2) of section 414.36, |
| 638 | Florida Statutes, are amended to read: |
| 639 | 414.36 Public assistance overpayment recovery program; |
| 640 | contracts.- |
| 641 | (1) The department shall develop and implement a plan for |
| 642 | the statewide privatization of activities relating to the |
| 643 | recovery of public assistance overpayment claims. These |
| 644 | activities shall include, at a minimum, voluntary cash |
| 645 | collections functions for recovery of fraudulent and |
| 646 | nonfraudulent benefits paid to recipients of temporary cash |
| 647 | assistance, food assistance stamps, and aid to families with |
| 648 | dependent children. |
| 649 | (2) For purposes of privatization of public assistance |
| 650 | overpayment recovery, the department shall enter into contracts |
| 651 | consistent with federal law with for-profit corporations, not- |
| 652 | for-profit corporations, or other entities capable of providing |
| 653 | the services for recovering public assistance required under |
| 654 | this section. The department shall issue requests for proposals, |
| 655 | enter into a competitive bidding process, and negotiate |
| 656 | contracts for such services. Contracts for such services may be |
| 657 | funded on a contingency fee basis, per fiscal year, based on a |
| 658 | percentage of the state-retained share of collections, for |
| 659 | claims for food assistance stamps, aid to families with |
| 660 | dependent children, and temporary cash assistance. This section |
| 661 | does not prohibit districts from entering into contracts to |
| 662 | carry out the provisions of this section, if that is a cost- |
| 663 | effective use of resources. |
| 664 | Section 30. Subsections (2) and (3), paragraph (c) of |
| 665 | subsection (5), and subsection (10) of section 414.39, Florida |
| 666 | Statutes, are amended to read: |
| 667 | 414.39 Fraud.- |
| 668 | (2) Any person who knowingly: |
| 669 | (a) Uses, transfers, acquires, traffics, alters, forges, |
| 670 | or possesses, or |
| 671 | (b) Attempts to use, transfer, acquire, traffic, alter, |
| 672 | forge, or possess, or |
| 673 | (c) Aids and abets another person in the use, transfer, |
| 674 | acquisition, traffic, alteration, forgery, or possession of, |
| 675 |
|
| 676 | a food stamp, a food assistance stamp identification card, an |
| 677 | authorization, including, but not limited to, an electronic |
| 678 | authorization, for the expenditure purchase of food assistance |
| 679 | benefits stamps, a certificate of eligibility for medical |
| 680 | services, or a Medicaid identification card in any manner not |
| 681 | authorized by law commits is guilty of a crime and shall be |
| 682 | punished as provided in subsection (5). For the purposes of this |
| 683 | section, the value of an authorization to purchase food stamps |
| 684 | shall be the difference between the coupon allotment and the |
| 685 | amount paid by the recipient for that allotment. |
| 686 | (3) Any person having duties in the administration of a |
| 687 | state or federally funded public assistance program or in the |
| 688 | distribution of public assistance, or authorizations or |
| 689 | identifications to obtain public assistance, under a state or |
| 690 | federally funded public assistance program and who: |
| 691 | (a) Fraudulently misappropriates, attempts to |
| 692 | misappropriate, or aids and abets in the misappropriation of, a |
| 693 | food assistance stamp, an authorization for food assistance |
| 694 | stamps, a food assistance stamp identification card, a |
| 695 | certificate of eligibility for prescribed medicine, a Medicaid |
| 696 | identification card, or public assistance from any other state |
| 697 | or federally funded program with which he or she has been |
| 698 | entrusted or of which he or she has gained possession by virtue |
| 699 | of his or her position, or who knowingly fails to disclose any |
| 700 | such fraudulent activity; or |
| 701 | (b) Knowingly misappropriates, attempts to misappropriate, |
| 702 | or aids or abets in the misappropriation of, funds given in |
| 703 | exchange for food assistance program benefits stamps or for any |
| 704 | form of food assistance stamp benefits authorization, |
| 705 |
|
| 706 | commits is guilty of a crime and shall be punished as provided |
| 707 | in subsection (5). |
| 708 | (5) |
| 709 | (c) As used in this subsection, the value of a food |
| 710 | assistance stamp authorization benefit is the cash or exchange |
| 711 | value unlawfully obtained by the fraudulent act committed in |
| 712 | violation of this section. |
| 713 | (10) The department shall create an error-prone or fraud- |
| 714 | prone case profile within its public assistance information |
| 715 | system and shall screen each application for public assistance, |
| 716 | including food assistance stamps, Medicaid, and temporary cash |
| 717 | assistance, against the profile to identify cases that have a |
| 718 | potential for error or fraud. Each case so identified shall be |
| 719 | subjected to preeligibility fraud screening. |
| 720 | Section 31. Section 414.41, Florida Statutes, is amended |
| 721 | to read: |
| 722 | 414.41 Recovery of payments made due to mistake or fraud.- |
| 723 | (1) Whenever it becomes apparent that any person or |
| 724 | provider has received any public assistance under this chapter |
| 725 | to which she or he is not entitled, through either simple |
| 726 | mistake or fraud on the part of the department or on the part of |
| 727 | the recipient or participant, the department shall take all |
| 728 | necessary steps to recover the overpayment. Recovery may include |
| 729 | Federal Income Tax Refund Offset Program collections activities |
| 730 | in conjunction with Food and Nutrition Consumer Service and the |
| 731 | Internal Revenue Service to intercept income tax refunds due to |
| 732 | clients who owe food assistance stamp or temporary cash |
| 733 | assistance WAGES debt to the state. The department will follow |
| 734 | the guidelines in accordance with federal rules and regulations |
| 735 | and consistent with the Food Assistance Stamp Program. The |
| 736 | department may make appropriate settlements and shall establish |
| 737 | a policy and cost-effective rules to be used in the computation |
| 738 | and recovery of such overpayments. |
| 739 | (a) The department will consider an individual who has |
| 740 | willfully provided false information or omitted information to |
| 741 | become or remain eligible for temporary cash assistance to have |
| 742 | committed an intentional program violation. |
| 743 | (b) When the intentional program violation or case facts |
| 744 | do not warrant criminal prosecution for fraud as defined in s. |
| 745 | 414.39, the department will initiate an administrative |
| 746 | disqualification hearing. The administrative disqualification |
| 747 | hearing will be initiated regardless of the individual's current |
| 748 | eligibility. |
| 749 | (c) Upon a finding through the administrative |
| 750 | disqualification hearing process that the individual did commit |
| 751 | an intentional program violation, the department will impose a |
| 752 | disqualification period consistent with those established for |
| 753 | food assistance stamp program purposes. |
| 754 | (2) The department shall determine if recovery of an |
| 755 | overpayment as a result of department error regarding temporary |
| 756 | cash assistance provided under the Temporary Cash Assistance |
| 757 | WAGES Program or benefits provided to a recipient of aid to |
| 758 | families with dependent children would create extreme hardship. |
| 759 | The department shall provide by rule the circumstances that |
| 760 | constitute an extreme hardship. The department may reduce the |
| 761 | amount of repayment if a recipient or participant demonstrates |
| 762 | to the satisfaction of the department that repayment of the |
| 763 | entire overpayment would result in extreme hardship, but the |
| 764 | department may not excuse repayment. A determination of extreme |
| 765 | hardship is not grounds for a waiver of repayment in whole or in |
| 766 | part. |
| 767 | (3) The department, or its designee, shall enforce an |
| 768 | order of income deduction by the court against the liable adult |
| 769 | recipient or participant, including the head of a family, for |
| 770 | overpayment received as an adult under the temporary cash |
| 771 | assistance program, the AFDC program, the food assistance stamp |
| 772 | program, or the Medicaid program. |
| 773 | Section 32. Section 414.45, Florida Statutes, is amended |
| 774 | to read: |
| 775 | 414.45 Rulemaking.-The department has authority to adopt |
| 776 | rules pursuant to ss. 120.536(1) and 120.54 to implement and |
| 777 | enforce the provisions of this chapter. The rules must provide |
| 778 | protection against discrimination and the opportunity for a |
| 779 | participant to request a review by a supervisor or administrator |
| 780 | of any decision made by a panel or board of the department or |
| 781 | the Temporary Cash Assistance WAGES Program. |
| 782 | Section 33. Subsection (8) of section 420.624, Florida |
| 783 | Statutes, is amended to read: |
| 784 | 420.624 Local homeless assistance continuum of care.- |
| 785 | (8) Continuum of care plans must promote participation by |
| 786 | all interested individuals and organizations and may not exclude |
| 787 | individuals and organizations on the basis of race, color, |
| 788 | national origin, sex, handicap, familial status, or religion. |
| 789 | Faith-based organizations must be encouraged to participate. To |
| 790 | the extent possible, these components should be coordinated and |
| 791 | integrated with other mainstream health, social services, and |
| 792 | employment programs for which homeless populations may be |
| 793 | eligible, including Medicaid, State Children's Health Insurance |
| 794 | Program, Temporary Assistance for Needy Families, Food |
| 795 | Assistance Program Stamps, and services funded through the |
| 796 | Mental Health and Substance Abuse Block Grant, the Workforce |
| 797 | Investment Act, and the welfare-to-work grant program. |
| 798 | Section 34. Paragraph (g) of subsection (5) of section |
| 799 | 430.2053, Florida Statutes, is amended to read: |
| 800 | 430.2053 Aging resource centers.- |
| 801 | (5) The duties of an aging resource center are to: |
| 802 | (g) Enhance the existing area agency on aging in each |
| 803 | planning and service area by integrating, either physically or |
| 804 | virtually, the staff and services of the area agency on aging |
| 805 | with the staff of the department's local CARES Medicaid nursing |
| 806 | home preadmission screening unit and a sufficient number of |
| 807 | staff from the Department of Children and Family Services' |
| 808 | Economic Self-Sufficiency Unit necessary to determine the |
| 809 | financial eligibility for all persons age 60 and older residing |
| 810 | within the area served by the aging resource center that are |
| 811 | seeking Medicaid services, Supplemental Security Income, and |
| 812 | food assistance stamps. |
| 813 | Section 35. Paragraph (b) of subsection (5) of section |
| 814 | 445.004, Florida Statutes, is amended to read: |
| 815 | 445.004 Workforce Florida, Inc.; creation; purpose; |
| 816 | membership; duties and powers.- |
| 817 | (5) Workforce Florida, Inc., shall have all the powers and |
| 818 | authority, not explicitly prohibited by statute, necessary or |
| 819 | convenient to carry out and effectuate the purposes as |
| 820 | determined by statute, Pub. L. No. 105-220, and the Governor, as |
| 821 | well as its functions, duties, and responsibilities, including, |
| 822 | but not limited to, the following: |
| 823 | (b) Providing oversight and policy direction to ensure |
| 824 | that the following programs are administered by the Agency for |
| 825 | Workforce Innovation in compliance with approved plans and under |
| 826 | contract with Workforce Florida, Inc.: |
| 827 | 1. Programs authorized under Title I of the Workforce |
| 828 | Investment Act of 1998, Pub. L. No. 105-220, with the exception |
| 829 | of programs funded directly by the United States Department of |
| 830 | Labor under Title I, s. 167. |
| 831 | 2. Programs authorized under the Wagner-Peyser Act of |
| 832 | 1933, as amended, 29 U.S.C. ss. 49 et seq. |
| 833 | 3. Activities authorized under Title II of the Trade Act |
| 834 | of 2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade |
| 835 | Adjustment Assistance Program. |
| 836 | 4. Activities authorized under 38 U.S.C., chapter 41, |
| 837 | including job counseling, training, and placement for veterans. |
| 838 | 5. Employment and training activities carried out under |
| 839 | funds awarded to this state by the United States Department of |
| 840 | Housing and Urban Development. |
| 841 | 6. Welfare transition services funded by the Temporary |
| 842 | Assistance for Needy Families Program, created under the |
| 843 | Personal Responsibility and Work Opportunity Reconciliation Act |
| 844 | of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403, |
| 845 | of the Social Security Act, as amended. |
| 846 | 7. Displaced homemaker programs, provided under s. 446.50. |
| 847 | 8. The Florida Bonding Program, provided under Pub. L. No. |
| 848 | 97-300, s. 164(a)(1). |
| 849 | 9. The Food Assistance Stamp Employment and Training |
| 850 | Program, provided under the Food and Nutrition Act of 2008 Stamp |
| 851 | Act of 1977, 7 U.S.C. ss. 2011-2032; the Food Security Act of |
| 852 | 1988, Pub. L. No. 99-198; and the Hunger Prevention Act, Pub. L. |
| 853 | No. 100-435. |
| 854 | 10. The Quick-Response Training Program, provided under |
| 855 | ss. 288.046-288.047. Matching funds and in-kind contributions |
| 856 | that are provided by clients of the Quick-Response Training |
| 857 | Program shall count toward the requirements of s. |
| 858 | 288.90151(5)(d), pertaining to the return on investment from |
| 859 | activities of Enterprise Florida, Inc. |
| 860 | 11. The Work Opportunity Tax Credit, provided under the |
| 861 | Tax and Trade Relief Extension Act of 1998, Pub. L. No. 105-277, |
| 862 | and the Taxpayer Relief Act of 1997, Pub. L. No. 105-34. |
| 863 | 12. Offender placement services, provided under ss. |
| 864 | 944.707-944.708. |
| 865 | Section 36. Paragraph (b) of subsection (9) of section |
| 866 | 445.009, Florida Statutes, is amended to read: |
| 867 | 445.009 One-stop delivery system.- |
| 868 | (9) |
| 869 | (b) The network shall assure that a uniform method is used |
| 870 | to determine eligibility for and management of services provided |
| 871 | by agencies that conduct workforce development activities. The |
| 872 | Department of Management Services shall develop strategies to |
| 873 | allow access to the databases and information management systems |
| 874 | of the following systems in order to link information in those |
| 875 | databases with the one-stop delivery system: |
| 876 | 1. The Unemployment Compensation Program of the Agency for |
| 877 | Workforce Innovation. |
| 878 | 2. The public employment service described in s. 443.181. |
| 879 | 3. The FLORIDA System and the components related to |
| 880 | temporary cash assistance WAGES, food assistance stamps, and |
| 881 | Medicaid eligibility. |
| 882 | 4. The Student Financial Assistance System of the |
| 883 | Department of Education. |
| 884 | 5. Enrollment in the public postsecondary education |
| 885 | system. |
| 886 | 6. Other information systems determined appropriate by |
| 887 | Workforce Florida, Inc. |
| 888 | Section 37. Subsection (2) of section 445.024, Florida |
| 889 | Statutes, is amended to read: |
| 890 | 445.024 Work requirements.- |
| 891 | (2) WORK ACTIVITY REQUIREMENTS.-Each individual who is not |
| 892 | otherwise exempt from work activity requirements must |
| 893 | participate in a work activity for the maximum number of hours |
| 894 | allowable under federal law; however, a participant may not be |
| 895 | required to work more than 40 hours per week. The maximum number |
| 896 | of hours each month that a family may be required to participate |
| 897 | in community service or work experience programs is the number |
| 898 | of hours that would result from dividing the family's monthly |
| 899 | amount for temporary cash assistance and food assistance stamps |
| 900 | by the applicable minimum wage. However, the maximum hours |
| 901 | required per week for community service or work experience may |
| 902 | not exceed 40 hours. |
| 903 | (a) A participant in a work activity may also be required |
| 904 | to enroll in and attend a course of instruction designed to |
| 905 | increase literacy skills to a level necessary for obtaining or |
| 906 | retaining employment if the instruction plus the work activity |
| 907 | does not require more than 40 hours per week. |
| 908 | (b) Program funds may be used, as available, to support |
| 909 | the efforts of a participant who meets the work activity |
| 910 | requirements and who wishes to enroll in or continue enrollment |
| 911 | in an adult general education program or other training |
| 912 | programs. |
| 913 | Section 38. Section 445.026, Florida Statutes, is amended |
| 914 | to read: |
| 915 | 445.026 Cash assistance severance benefit.-An individual |
| 916 | who meets the criteria listed in this section may choose to |
| 917 | receive a lump-sum payment in lieu of ongoing cash assistance |
| 918 | payments, provided the individual: |
| 919 | (1) Is employed and is receiving earnings. |
| 920 | (2) Has received cash assistance for at least 6 |
| 921 | consecutive months. |
| 922 | (3) Expects to remain employed for at least 6 months. |
| 923 | (4) Chooses to receive a one-time, lump-sum payment in |
| 924 | lieu of ongoing monthly payments. |
| 925 | (5) Provides employment and earnings information to the |
| 926 | regional workforce board, so that the regional workforce board |
| 927 | can ensure that the family's eligibility for severance benefits |
| 928 | can be evaluated. |
| 929 | (6) Signs an agreement not to apply for or accept cash |
| 930 | assistance for 6 months after receipt of the one-time payment. |
| 931 | In the event of an emergency, such agreement shall provide for |
| 932 | an exception to this restriction, provided that the one-time |
| 933 | payment shall be deducted from any cash assistance for which the |
| 934 | family subsequently is approved. This deduction may be prorated |
| 935 | over an 8-month period. The board of directors of Workforce |
| 936 | Florida, Inc., shall adopt criteria defining the conditions |
| 937 | under which a family may receive cash assistance due to such |
| 938 | emergency. |
| 939 |
|
| 940 | Such individual may choose to accept a one-time, lump-sum |
| 941 | payment of $1,000 in lieu of receiving ongoing cash assistance. |
| 942 | Such payment shall only count toward the time limitation for the |
| 943 | month in which the payment is made in lieu of cash assistance. A |
| 944 | participant choosing to accept such payment shall be terminated |
| 945 | from cash assistance. However, eligibility for Medicaid, food |
| 946 | assistance stamps, or child care shall continue, subject to the |
| 947 | eligibility requirements of those programs. |
| 948 | Section 39. Subsection (2) of section 445.048, Florida |
| 949 | Statutes, is amended to read: |
| 950 | 445.048 Passport to Economic Progress program.- |
| 951 | (2) WAIVERS.-If Workforce Florida, Inc., in consultation |
| 952 | with the Department of Children and Family Services, finds that |
| 953 | federal waivers would facilitate implementation of the program, |
| 954 | the department shall immediately request such waivers, and |
| 955 | Workforce Florida, Inc., shall report to the Governor, the |
| 956 | President of the Senate, and the Speaker of the House of |
| 957 | Representatives if any refusal of the federal government to |
| 958 | grant such waivers prevents the implementation of the program. |
| 959 | If Workforce Florida, Inc., finds that federal waivers to |
| 960 | provisions of the Food Assistance Stamp Program would facilitate |
| 961 | implementation of the program, the Department of Children and |
| 962 | Family Services shall immediately request such waivers in |
| 963 | accordance with s. 414.175. |
| 964 | Section 40. Paragraph (d) of subsection (1) of section |
| 965 | 718.115, Florida Statutes, is amended to read: |
| 966 | 718.115 Common expenses and common surplus.- |
| 967 | (1) |
| 968 | (d) If so provided in the declaration, the cost of a |
| 969 | master antenna television system or duly franchised cable |
| 970 | television service obtained pursuant to a bulk contract shall be |
| 971 | deemed a common expense. If the declaration does not provide for |
| 972 | the cost of a master antenna television system or duly |
| 973 | franchised cable television service obtained under a bulk |
| 974 | contract as a common expense, the board may enter into such a |
| 975 | contract, and the cost of the service will be a common expense |
| 976 | but allocated on a per-unit basis rather than a percentage basis |
| 977 | if the declaration provides for other than an equal sharing of |
| 978 | common expenses, and any contract entered into before July 1, |
| 979 | 1998, in which the cost of the service is not equally divided |
| 980 | among all unit owners, may be changed by vote of a majority of |
| 981 | the voting interests present at a regular or special meeting of |
| 982 | the association, to allocate the cost equally among all units. |
| 983 | The contract shall be for a term of not less than 2 years. |
| 984 | 1. Any contract made by the board after the effective date |
| 985 | hereof for a community antenna system or duly franchised cable |
| 986 | television service may be canceled by a majority of the voting |
| 987 | interests present at the next regular or special meeting of the |
| 988 | association. Any member may make a motion to cancel said |
| 989 | contract, but if no motion is made or if such motion fails to |
| 990 | obtain the required majority at the next regular or special |
| 991 | meeting, whichever is sooner, following the making of the |
| 992 | contract, then such contract shall be deemed ratified for the |
| 993 | term therein expressed. |
| 994 | 2. Any such contract shall provide, and shall be deemed to |
| 995 | provide if not expressly set forth, that any hearing-impaired or |
| 996 | legally blind unit owner who does not occupy the unit with a |
| 997 | non-hearing-impaired or sighted person, or any unit owner |
| 998 | receiving supplemental security income under Title XVI of the |
| 999 | Social Security Act or food assistance stamps as administered by |
| 1000 | the Department of Children and Family Services pursuant to s. |
| 1001 | 414.31, may discontinue the service without incurring disconnect |
| 1002 | fees, penalties, or subsequent service charges, and, as to such |
| 1003 | units, the owners shall not be required to pay any common |
| 1004 | expenses charge related to such service. If less than all |
| 1005 | members of an association share the expenses of cable |
| 1006 | television, the expense shall be shared equally by all |
| 1007 | participating unit owners. The association may use the |
| 1008 | provisions of s. 718.116 to enforce payment of the shares of |
| 1009 | such costs by the unit owners receiving cable television. |
| 1010 | Section 41. Paragraph (f) of subsection (1) of section |
| 1011 | 817.568, Florida Statutes, is amended to read: |
| 1012 | 817.568 Criminal use of personal identification |
| 1013 | information.- |
| 1014 | (1) As used in this section, the term: |
| 1015 | (f) "Personal identification information" means any name |
| 1016 | or number that may be used, alone or in conjunction with any |
| 1017 | other information, to identify a specific individual, including |
| 1018 | any: |
| 1019 | 1. Name, postal or electronic mail address, telephone |
| 1020 | number, social security number, date of birth, mother's maiden |
| 1021 | name, official state-issued or United States-issued driver's |
| 1022 | license or identification number, alien registration number, |
| 1023 | government passport number, employer or taxpayer identification |
| 1024 | number, Medicaid or food assistance stamp account number, bank |
| 1025 | account number, credit or debit card number, or personal |
| 1026 | identification number or code assigned to the holder of a debit |
| 1027 | card by the issuer to permit authorized electronic use of such |
| 1028 | card; |
| 1029 | 2. Unique biometric data, such as fingerprint, voice |
| 1030 | print, retina or iris image, or other unique physical |
| 1031 | representation; |
| 1032 | 3. Unique electronic identification number, address, or |
| 1033 | routing code; |
| 1034 | 4. Medical records; |
| 1035 | 5. Telecommunication identifying information or access |
| 1036 | device; or |
| 1037 | 6. Other number or information that can be used to access |
| 1038 | a person's financial resources. |
| 1039 | Section 42. Paragraph (a) of subsection (3) of section |
| 1040 | 921.0022, Florida Statutes, is amended to read: |
| 1041 | 921.0022 Criminal Punishment Code; offense severity |
| 1042 | ranking chart.- |
| 1043 | (3) OFFENSE SEVERITY RANKING CHART |
| 1044 | (a) LEVEL 1 |
| 1045 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 1046 |
|
| | | 24.118(3)(a) | 3rd | Counterfeit or altered state lottery ticket. |
|
| 1047 |
|
| | | 212.054(2)(b) | 3rd | Discretionary sales surtax; limitations, administration, and collection. |
|
| 1048 |
|
| | | 212.15(2)(b) | 3rd | Failure to remit sales taxes, amount greater than $300 but less than $20,000. |
|
| 1049 |
|
| | | 316.1935(1) | 3rd | Fleeing or attempting to elude law enforcement officer. |
|
| 1050 |
|
| | | 319.30(5) | 3rd | Sell, exchange, give away certificate of title or identification number plate. |
|
| 1051 |
|
| | | 319.35(1)(a) | 3rd | Tamper, adjust, change, etc., an odometer. |
|
| 1052 |
|
| | | 320.26(1)(a) | 3rd | Counterfeit, manufacture, or sell registration license plates or validation stickers. |
|
| 1053 |
|
| | | 322.212(1)(a)-(c) | 3rd | Possession of forged, stolen, counterfeit, or unlawfully issued driver's license; possession of simulated identification. |
|
| 1054 |
|
| | | 322.212(4) | 3rd | Supply or aid in supplying unauthorized driver's license or identification card. |
|
| 1055 |
|
| | | 322.212(5)(a) | 3rd | False application for driver's license or identification card. |
|
| 1056 |
|
| | | 414.39(2) | 3rd | Unauthorized use, possession, forgery, or alteration of food assistance stamps, Medicaid ID, value greater than $200. |
|
| 1057 |
|
| | | 414.39(3)(a) | 3rd | Fraudulent misappropriation of public assistance funds by employee/official, value more than $200. |
|
| 1058 |
|
| | | 443.071(1) | 3rd | False statement or representation to obtain or increase unemployment compensation benefits. |
|
| 1059 |
|
| | | 509.151(1) | 3rd | Defraud an innkeeper, food or lodging value greater than $300. |
|
| 1060 |
|
| | | 517.302(1) | 3rd | Violation of the Florida Securities and Investor Protection Act. |
|
| 1061 |
|
| | | 562.27(1) | 3rd | Possess still or still apparatus. |
|
| 1062 |
|
| | | 713.69 | 3rd | Tenant removes property upon which lien has accrued, value more than $50. |
|
| 1063 |
|
| | | 812.014(3)(c) | 3rd | Petit theft (3rd conviction); theft of any property not specified in subsection (2). |
|
| 1064 |
|
| | | 812.081(2) | 3rd | Unlawfully makes or causes to be made a reproduction of a trade secret. |
|
| 1065 |
|
| | | 815.04(4)(a) | 3rd | Offense against intellectual property (i.e., computer programs, data). |
|
| 1066 |
|
| | | 817.52(2) | 3rd | Hiring with intent to defraud, motor vehicle services. |
|
| 1067 |
|
| | | 817.569(2) | 3rd | Use of public record or public records information to facilitate commission of a felony. |
|
| 1068 |
|
| | |
| 1069 |
|
| | | 828.122(3) | 3rd | Fighting or baiting animals. |
|
| 1070 |
|
| | | 831.04(1) | 3rd | Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28. |
|
| 1071 |
|
| | | 831.31(1)(a) | 3rd | Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs. |
|
| 1072 |
|
| | | 832.041(1) | 3rd | Stopping payment with intent to defraud $150 or more. |
|
| 1073 |
|
| | | 832.05(2)(b) & (4)(c) | 3rd | Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more. |
|
| 1074 |
|
| | | 838.15(2) | 3rd | Commercial bribe receiving. |
|
| 1075 |
|
| | | 838.16 | 3rd | Commercial bribery. |
|
| 1076 |
|
| | | 843.18 | 3rd | Fleeing by boat to elude a law enforcement officer. |
|
| 1077 |
|
| | | 847.011(1)(a) | 3rd | Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction). |
|
| 1078 |
|
| | | 849.01 | 3rd | Keeping gambling house. |
|
| 1079 |
|
| | | 849.09(1)(a)-(d) | 3rd | Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery. |
|
| 1080 |
|
| | | 849.23 | 3rd | Gambling-related machines; "common offender" as to property rights. |
|
| 1081 |
|
| | | 849.25(2) | 3rd | Engaging in bookmaking. |
|
| 1082 |
|
| | | 860.08 | 3rd | Interfere with a railroad signal. |
|
| 1083 |
|
| | | 860.13(1)(a) | 3rd | Operate aircraft while under the influence. |
|
| 1084 |
|
| | | 893.13(2)(a)2. | 3rd | Purchase of cannabis. |
|
| 1085 |
|
| | | 893.13(6)(a) | 3rd | Possession of cannabis (more than 20 grams). |
|
| 1086 |
|
| | | 934.03(1)(a) | 3rd | Intercepts, or procures any other person to intercept, any wire or oral communication. |
|
| 1087 |
|
| 1088 | Section 43. Paragraph (a) of subsection (1) of section |
| 1089 | 943.401, Florida Statutes, is amended to read: |
| 1090 | 943.401 Public assistance fraud.- |
| 1091 | (1)(a) The Department of Law Enforcement shall investigate |
| 1092 | all public assistance provided to residents of the state or |
| 1093 | provided to others by the state. In the course of such |
| 1094 | investigation the Department of Law Enforcement shall examine |
| 1095 | all records, including electronic benefits transfer records and |
| 1096 | make inquiry of all persons who may have knowledge as to any |
| 1097 | irregularity incidental to the disbursement of public moneys, |
| 1098 | food assistance stamps, or other items or benefits |
| 1099 | authorizations to recipients. |
| 1100 | Section 44. This act shall take effect July 1, 2010. |
