Bill Text: FL S1634 | 2019 | Regular Session | Introduced
Bill Title: Public Assistance
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-05-03 - Died in Children, Families, and Elder Affairs [S1634 Detail]
Download: Florida-2019-S1634-Introduced.html
Florida Senate - 2019 SB 1634
By Senator Baxley
12-01028B-19 20191634__
1 A bill to be entitled
2 An act relating to public assistance; amending s.
3 414.065, F.S.; revising penalties for noncompliance
4 with work requirements for receipt of temporary cash
5 assistance; limiting the receipt of child-only
6 benefits during periods of noncompliance with work
7 requirements; revising the age of minors who are able
8 to receive child-only benefits during periods of
9 noncompliance with work requirements; providing
10 applicability of work requirements before expiration
11 of the minimum penalty period; requiring the
12 Department of Children and Families to refer
13 sanctioned participants to appropriate free and low
14 cost community services, including food banks;
15 amending s. 445.024, F.S.; requiring the Department of
16 Economic Opportunity, in cooperation with CareerSource
17 Florida, Inc., and the Department of Children and
18 Families, to inform participants in the temporary cash
19 assistance program of work requirements and sanctions
20 and penalties for noncompliance with work
21 requirements; requiring a participant’s written assent
22 to receiving such information; requiring the
23 Department of Economic Opportunity, in cooperation
24 with CareerSource Florida, Inc., and the Department of
25 Children and Families, to develop an individual
26 responsibility plan for participants in the temporary
27 cash assistance program following an initial
28 assessment; establishing criteria for the plan;
29 requiring the plan to establish employment goals and
30 identify obligations, work requirements, and
31 strategies to overcome barriers to meeting work
32 requirements; requiring the Department of Economic
33 Opportunity to establish and implement uniform
34 standards for compliance with work requirements and
35 for sanctioning participants for noncompliance with
36 such requirements; requiring the Department of
37 Economic Opportunity to submit an annual report to the
38 Governor and the Legislature by a specified date;
39 specifying contents of the report; requiring the
40 Department of Economic Opportunity to adopt rules;
41 amending s. 402.82, F.S.; prohibiting the use or
42 acceptance of an electronic benefits transfer card at
43 specified locations; providing a penalty; amending s.
44 409.972, F.S.; directing the Agency for Health Care
45 Administration to seek federal approval to require
46 Medicaid managed care enrollees to provide proof to
47 the Department of Children and Families of engagement
48 in work activities for receipt of temporary cash
49 assistance as a condition of eligibility and
50 enrollment; deleting a requirement for the agency to
51 seek federal approval to require Medicaid managed care
52 enrollees to pay a specified share of the monthly
53 premium; providing an appropriation; requiring the
54 welfare transition program for a specified workforce
55 region to operate a pay-after-performance pilot
56 program for a specified period; providing
57 applicability; requiring the department to determine
58 eligibility; specifying requirements for referral and
59 orientation; specifying requirements and procedures
60 relating to support services, work activities and work
61 verification, proportional reduction of temporary cash
62 assistance, excused absences, deferrals from
63 participation, termination of benefits and
64 reapplication for participation, and payment
65 methodology; providing an effective date.
66
67 Be It Enacted by the Legislature of the State of Florida:
68
69 Section 1. Subsection (1) and paragraph (a) of subsection
70 (2) of section 414.065, Florida Statutes, are amended to read:
71 414.065 Noncompliance with work requirements.—
72 (1) PENALTIES FOR NONPARTICIPATION IN WORK REQUIREMENTS AND
73 FAILURE TO COMPLY WITH ALTERNATIVE REQUIREMENT PLANS.—
74 (a) The department shall establish procedures for
75 administering penalties for nonparticipation in work
76 requirements and failure to comply with the alternative
77 requirement plan. If an individual in a family receiving
78 temporary cash assistance fails to engage in work activities
79 required in accordance with s. 445.024, the following penalties
80 shall apply. Prior to the imposition of a sanction, the
81 participant shall be notified orally or in writing that the
82 participant is subject to sanction and that action will be taken
83 to impose the sanction unless the participant complies with the
84 work activity requirements. The participant shall be counseled
85 as to the consequences of noncompliance and, if appropriate,
86 shall be referred for services that could assist the participant
87 to fully comply with program requirements. If the participant
88 has good cause for noncompliance or demonstrates satisfactory
89 compliance, the sanction may shall not be imposed. If the
90 participant has subsequently obtained employment, the
91 participant shall be counseled regarding the transitional
92 benefits that may be available and provided information about
93 how to access such benefits.
94 (b) The department shall administer sanctions related to
95 food assistance consistent with federal regulations.
96 (c) If an individual in a family receiving temporary cash
97 assistance fails to engage in work activities required in
98 accordance with s. 445.024, the following penalties shall apply:
99 (a)1. First noncompliance:
100 a. Temporary cash assistance shall be terminated for the
101 family for a minimum of 1 month 10 days or until the individual
102 who failed to comply does so, whichever is later. Upon meeting
103 this requirement, temporary cash assistance shall be reinstated
104 to the date of compliance or the first day of the month
105 following the penalty period, whichever is later.
106 b. Temporary cash assistance for the minor child or
107 children in a family may be continued for the first month of the
108 penalty period through a protective payee as specified in
109 subsection (2).
110 2. Second noncompliance:
111 a. Temporary cash assistance shall be terminated for the
112 family for 3 months 1 month or until the individual who failed
113 to comply does so, whichever is later. The individual shall be
114 required to comply with the required work activity upon
115 completion of the 3-month penalty period before reinstatement of
116 temporary cash assistance. Upon meeting this requirement,
117 temporary cash assistance shall be reinstated to the date of
118 compliance or the first day of the month following the penalty
119 period, whichever is later.
120 b. Temporary cash assistance for the minor child or
121 children in a family may be continued for the first 3 months of
122 the penalty period through a protective payee as specified in
123 subsection (2).
124 3. Third noncompliance:
125 a. Temporary cash assistance shall be terminated for the
126 family for 6 3 months or until the individual who failed to
127 comply does so, whichever is later. The individual shall be
128 required to comply with the required work activity upon
129 completion of the 6-month 3-month penalty period, before
130 reinstatement of temporary cash assistance. Upon meeting this
131 requirement, temporary cash assistance shall be reinstated to
132 the date of compliance or the first day of the month following
133 the penalty period, whichever is later.
134 b. Temporary cash assistance for the minor child or
135 children in a family may be continued for the first 6 months of
136 the penalty period through a protective payee as specified in
137 subsection (2).
138 4. Fourth noncompliance:
139 a. Temporary cash assistance shall be terminated for the
140 family for 12 months or until the individual who failed to
141 comply does so, whichever is later. The individual shall be
142 required to comply with the required work activity upon
143 completion of the 12-month penalty period and reapply before
144 reinstatement of temporary cash assistance. Upon meeting this
145 requirement, temporary cash assistance shall be reinstated to
146 the first day of the month following the penalty period.
147 b. Temporary cash assistance for the minor child or
148 children in a family may be continued for the first 12 months of
149 the penalty period through a protective payee as specified in
150 subsection (2).
151 5. The sanctions imposed under subparagraphs 1.-4. do not
152 prohibit a participant from complying with the work activity
153 requirements during the penalty periods imposed by this
154 paragraph.
155 (d)(b) If a participant receiving temporary cash assistance
156 who is otherwise exempted from noncompliance penalties fails to
157 comply with the alternative requirement plan required in
158 accordance with this section, the penalties provided in
159 paragraph (c)(a) shall apply.
160 (e) When a participant is sanctioned for noncompliance with
161 this section, the department shall refer the participant to
162 appropriate free and low-cost community services, including food
163 banks.
164
165 If a participant fully complies with work activity requirements
166 for at least 6 months, the participant shall be reinstated as
167 being in full compliance with program requirements for purpose
168 of sanctions imposed under this section.
169 (2) CONTINUATION OF TEMPORARY CASH ASSISTANCE FOR CHILDREN;
170 PROTECTIVE PAYEES.—
171 (a) Upon the second or third occurrence of noncompliance
172 with the work activity requirements, and subject to the
173 limitations in paragraph (1)(c), temporary cash assistance and
174 food assistance for the minor child or children in a family who
175 are under age 16 may be continued. Any such payments must be
176 made through a protective payee or, in the case of food
177 assistance, through an authorized representative. Under no
178 circumstances shall temporary cash assistance or food assistance
179 be paid to an individual who has failed to comply with program
180 requirements.
181 Section 2. Present subsections (3) through (7) of section
182 445.024, Florida Statutes, are renumbered as subsections (4)
183 through (8), respectively, and new subsections (3), (9), (10),
184 and (11) are added to that section, to read:
185 445.024 Work requirements.—
186 (3) WORK PLAN AGREEMENT.—For each individual who is not
187 otherwise exempt from work activity requirements, the
188 department, in cooperation with CareerSource Florida, Inc., and
189 the Department of Children and Families, must:
190 (a) Inform each participant, in plain language, and require
191 the participant to agree in writing to:
192 1. What is expected of the participant to continue to
193 receive temporary cash assistance benefits.
194 2. Under what circumstances the participant would be
195 sanctioned for noncompliance and what constitutes good cause for
196 noncompliance.
197 3. Potential penalties for noncompliance with the work
198 requirements in s. 414.065, including how long benefits would be
199 unavailable to the participant.
200 (b) Develop an individual responsibility plan for each
201 participant.
202 1. The individual responsibility plan shall be developed
203 jointly by the participant and the participant’s case manager
204 pursuant to an initial assessment of, at a minimum, the
205 participant’s skills, prior work experience, employability, and
206 barriers to employment.
207 2. The individual responsibility plan shall seek to move
208 the participant towards self-sufficiency and shall:
209 a. Establish employment goals and a plan for moving the
210 participant into unsubsidized employment.
211 b. Place the participant into the highest level of
212 employment of which he or she is capable and increase the
213 participant’s work responsibilities and amount of work over
214 time.
215 c. Clearly state in sufficient detail the participant’s
216 obligations, work activity requirements, and any services the
217 local workforce development board will provide to enable the
218 participant to satisfy his or her obligations and work activity
219 requirements, including, but not limited to, child care and
220 transportation, if available.
221 d. Be specific, sufficient, feasible, and sustainable in
222 response to the realities of any barriers to compliance with
223 work activity requirements which the participant faces,
224 including, but not limited to, substance abuse, mental illness,
225 physical or mental disability, domestic violence, a criminal
226 record affecting employment, significant job-skill or soft-skill
227 deficiencies, and lack of child care, stable housing, or
228 transportation.
229 (c) Work with each participant to develop strategies to
230 assist the participant in overcoming any barriers to compliance
231 with the work requirements in s. 414.065.
232 (d) Adopt rules to implement this subsection.
233 (9) SANCTIONS FOR NONCOMPLIANCE WITH WORK REQUIREMENTS.—
234 (a) The department shall establish uniform standards for
235 compliance with work activity requirements and for submitting
236 requests for sanctions for noncompliance pursuant to s. 414.065
237 to the Department of Children and Families.
238 (b) The department shall ensure that all local workforce
239 development boards uniformly implement sanctions for
240 noncompliance with work activity requirements and do not
241 sanction a participant who is temporarily unable to meet work
242 activity requirements due to circumstances beyond his or her
243 control.
244 (c) When requesting that the Department of Children and
245 Families sanction an individual who has failed to engage in work
246 activities required for food assistance under this section, the
247 department or local workforce development board shall notify the
248 Department of Children and Families of the reason for the
249 sanction request.
250 (10) ANNUAL REPORT.—By December 1 of each year, the
251 department shall submit to the Governor, the President of the
252 Senate, and the Speaker of the House of Representatives an
253 annual report that comprehensively presents participant
254 information and employment outcomes, by program, for individuals
255 subject to mandatory work requirements due to receipt of
256 temporary cash assistance or food assistance under chapter 414.
257 The report shall cover the participants who received services
258 during the prior fiscal year. The report shall include, at a
259 minimum:
260 (a) The total number of participants referred by the
261 Department of Children and Families who received workforce
262 services; the total length of time for which participants
263 received services and, if available, the length of time of any
264 gaps in the delivery of services as a result of sanctions or
265 program ineligibility; and the total number of participants who
266 were referred for, but did not receive, workforce services,
267 including an explanation of the reason why each participant did
268 not receive services, if applicable.
269 (b) The number and types of activities undertaken, and
270 whether such activities satisfied the work requirements, for
271 participants to receive temporary cash assistance or food
272 assistance.
273 (c) Participants’ barriers to employment identified by the
274 case managers in individual responsibility plans, the services
275 offered to address such barriers, and whether participants
276 availed themselves of such services, including an explanation of
277 the reason why each participant did not avail himself or herself
278 of such services, if applicable.
279 (d) A description and summary of data in the reports
280 produced by the Florida Education and Training Placement
281 Information Program pursuant to s. 1008.39, including, but not
282 limited to, the total number and percentage of participants
283 securing employment, the job sectors in which employment was
284 secured, whether the employment was full-time or part-time,
285 whether the employment was compensated at a rate above the
286 hourly federal minimum wage rate, whether the participants
287 continued to receive temporary cash assistance or food
288 assistance after securing employment or exited programs due to
289 employment, and any other employment outcomes.
290 (e) The total number and percentage of participants
291 sanctioned for noncompliance with work requirements, the action
292 or inaction giving rise to the noncompliance, whether the
293 participants identified barriers related to noncompliance, and
294 services offered to prevent future noncompliance.
295 (f) For the report due December 1, 2019, the information
296 required in paragraphs (a) through (e) and an evaluation of:
297 1. The effectiveness of the department’s communication with
298 participants, options for improving such communication, and any
299 costs associated with such improvements.
300 2. The degree to which additional manual registration
301 processes are used by local workforce development boards, a
302 description of such processes, the impact of such processes on
303 sanction rates for noncompliance with work activities, and the
304 benefits and disadvantages of such processes.
305 (11) RULEMAKING.—The department shall adopt rules to
306 implement this section.
307 Section 3. Paragraphs (g), (h), and (i) are added to
308 subsection (4) of section 402.82, Florida Statutes, and
309 subsection (5) is added to that section, to read:
310 402.82 Electronic benefits transfer program.—
311 (4) Use or acceptance of an electronic benefits transfer
312 card is prohibited at the following locations or for the
313 following activities:
314 (g) A medical marijuana treatment center as defined in s.
315 29(b)(5), Art. X of the State Constitution and licensed pursuant
316 to s. 381.986.
317 (h) A cigar store or stand, pipe store, smoke shop, or
318 tobacco shop.
319 (i) A body-piercing salon as defined in s. 381.0075, a
320 tattoo establishment as defined in s. 381.00771, or a business
321 establishment primarily engaged in the practice of branding.
322 (5) The department shall impose a penalty for the fifth and
323 each subsequent replacement electronic benefits transfer card
324 that a participant requests within a 12-month period. The amount
325 of the penalty must be equal to the cost of replacing the
326 electronic benefits transfer card. The penalty may be deducted
327 from the participant’s benefits. The department may waive the
328 penalty upon a showing of good cause, such as the malfunction of
329 the card or extreme financial hardship.
330 Section 4. Subsection (3) of section 409.972, Florida
331 Statutes, is amended to read:
332 409.972 Mandatory and voluntary enrollment.—
333 (3) The agency shall seek federal approval to require
334 enrollees to provide proof to the Department of Children and
335 Families of engagement in work activities consistent with the
336 requirements in ss. 414.095 and 445.024 for temporary cash
337 assistance, as defined in s. 414.0252, as a condition of
338 eligibility and enrollment Medicaid recipients enrolled in
339 managed care plans, as a condition of Medicaid eligibility, to
340 pay the Medicaid program a share of the premium of $10 per
341 month.
342 Section 5. For fiscal year 2019-2020, the sum of $952,360
343 in nonrecurring funds from the Federal Grants Trust Fund is
344 appropriated to the Department of Children and Families for the
345 purpose of performing the technology modifications necessary to
346 implement changes to the disbursement of temporary cash
347 assistance benefits and the replacement of electronic benefits
348 transfer cards pursuant to this act.
349 Section 6. Welfare transition pilot program.—
350 (1) PILOT PROJECT.—The welfare transition program (WTP) in
351 Florida Workforce Region 9, Alachua and Bradford Counties, shall
352 operate a pay-after-performance pilot program for 1 year. The
353 pilot program applies to all nonexempt temporary cash assistance
354 (TCA) work-eligible recipients referred to the regional
355 workforce board (RWB) for participation in the WTP.
356 (2) ELIGIBILITY DETERMINATION.—The Department of Children
357 and Families shall determine eligibility for receipt of cash
358 assistance. A participant already enrolled in the RWB welfare
359 transition program on the date of pilot project startup is not
360 subject to pay-after-performance unless the case is closed and
361 subsequently reopened for TCA.
362 (3) REFERRAL AND ORIENTATION.—The Department of Children
363 and Families shall refer TCA applicants to the RWB for work
364 registration and orientation. During the WTP orientation, the
365 RWB shall inform applicants in writing of the pay-after
366 performance pilot program rules and guidelines and assign each
367 applicant the number of hours required per month for receipt of
368 the full TCA benefit. The participation hours required by family
369 type are the same as required in the standard WTP.
370 (a) An applicant who elects to participate in the pay
371 after-performance pilot program must acknowledge in writing his
372 or her understanding of the pilot program requirements.
373 (b) An applicant who elects not to participate in the pay
374 after-performance pilot program shall have the opportunity to
375 withdraw his or her TCA application. The withdrawal of an
376 application does not affect an applicant’s right to reapply for
377 TCA at any time.
378 (4) SUPPORT SERVICES.—During orientation, the RWB shall
379 assess an applicant’s need for immediate support services.
380 Support services for needs as described in s. 445.025, Florida
381 Statutes, must be provided on a case-by-case basis, if necessary
382 for an applicant to participate during the period before he or
383 she earns his or her TCA benefit.
384 (5) WORK ACTIVITIES AND WORK VERIFICATION.—A pay-after
385 performance pilot program participant must be assigned to work
386 activities as specified in s. 445.024, Florida Statutes, and
387 must be provided with program instructions for reporting excused
388 absences and verifying work hours to his or her career advisor
389 on a weekly basis.
390 (6) PROPORTIONAL REDUCTION OF TCA.—A participant is subject
391 to a proportional reduction of TCA for any month he or she fails
392 to meet the full participation requirement without good cause.
393 The amount of assistance otherwise payable to the family must be
394 prorated and proportional to the actual number of hours of
395 participation.
396 (7) EXCUSED ABSENCES.—A WTP participant is eligible to have
397 16 hours per month of work activity hours excused for good cause
398 and counted as participation hours, not to exceed 80 hours in a
399 12-month period. Career advisors shall verbally communicate with
400 participants to determine good cause and notify participants
401 that they are subject to case termination if their absences are
402 without good cause.
403 (8) DEFERRALS.—A participant eligible for 100 percent
404 deferral from participation due to an allowable exception
405 specified in former s. 414.065(4), Florida Statutes 2010, must
406 provide evidence to verify the need for his or her deferral.
407 Career advisors shall assist participants in the development of
408 an alternative responsibility plan and shall maintain contact
409 with participants to ensure their compliance with their
410 alternative responsibility plans. A participant shall receive
411 his or her full monthly benefit until the deferral has been
412 reduced or eliminated or until he or she has met his or her time
413 limit.
414 (a) The RWB may refer participants who are 100 percent
415 medically deferred to a physician for a second opinion.
416 Participants shall apply for Social Security Disability
417 Insurance and vocational rehabilitation services.
418 (b) A participant who is not 100 percent medically deferred
419 must be assigned work activities as recommended by the physician
420 for the number of hours prescribed. To receive a full assistance
421 payment, a participant must participate for the full number of
422 assigned hours; otherwise, the benefit must be reduced
423 proportionately to reflect the hours of nonparticipation.
424 (9) PROGRAM TERMINATION.—A WTP participant who does not
425 participate for 3 consecutive days, without good cause or
426 without notifying his or her career advisor, unless the
427 participant is medically unable to do so, must be terminated
428 from the pilot program and have his or her TCA terminated. A
429 participant may reapply for TCA after a failure to participate:
430 (a) For the first failure, 30 days after the termination
431 date.
432 (b) For the second failure, 90 days after the termination
433 date.
434 (c) For the third failure, 180 days after the termination
435 date.
436 (10) PAYMENT METHODOLOGY.—Upon completion of work
437 registration and other TCA eligibility requirements, a TCA case
438 must be opened for $10 per month. A participant who meets his or
439 her full participation requirement for the month must receive
440 the remainder of his or her monthly TCA payment. A participant
441 who does not meet his or her full participation requirement for
442 the month must have his or her TCA payment reduced
443 proportionately to reflect the number of hours he or she failed
444 to participate. Payments must be calculated as follows:
445 (a) Divide the monthly TCA payment by the monthly scheduled
446 work activity hours;
447 (b) Multiply the quotient in paragraph (a) by the number of
448 hours missed without good cause during the month; and
449 (c) Reduce the TCA payment by the product in paragraph (b)
450 and issue payment for the amount in excess of the $10 already
451 approved.
452 Section 7. This act shall take effect July 1, 2019.
