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.