Florida Senate - 2016                                     SB 750
       
       
        
       By Senator Hutson
       
       
       
       
       
       6-00684-16                                             2016750__
    1                        A bill to be entitled                      
    2         An act relating to the temporary cash assistance
    3         program; amending s. 414.095, F.S.; adding a
    4         requirement of proof of application for employment to
    5         eligibility requirements for receiving services or
    6         temporary cash assistance; amending s. 414.105, F.S.;
    7         decreasing the lifetime cumulative total time limit
    8         for which an applicant or current participant may
    9         receive temporary cash assistance; conforming
   10         provisions to changes made by the act; amending s.
   11         445.024, F.S.; adding proof of application for
   12         employment to the work activity requirements for a
   13         participant in the temporary cash assistance program;
   14         reenacting ss. 414.065(4)(b) and (c) and
   15         445.051(4)(a), F.S., relating to noncompliance with
   16         work requirements and individual development accounts,
   17         respectively, to incorporate the amendment made to s.
   18         414.105, F.S., in references thereto; reenacting s.
   19         414.045(1), F.S., relating to the cash assistance
   20         program, to incorporate the amendments made to ss.
   21         414.095 and 414.105, F.S., in references thereto;
   22         providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (1), paragraph (d) of subsection (3),
   27  and subsection (11) of section 414.095, Florida Statutes, are
   28  amended to read:
   29         414.095 Determining eligibility for temporary cash
   30  assistance.—
   31         (1) ELIGIBILITY.—An applicant must meet eligibility
   32  requirements of this section before receiving services or
   33  temporary cash assistance under this chapter, except that an
   34  applicant shall be required to register for work, provide proof
   35  of application for employment with three employers, and engage
   36  in work activities in accordance with s. 445.024, as designated
   37  by the regional workforce board, and may receive support
   38  services or child care assistance in conjunction with such
   39  requirements requirement. The department shall make a
   40  determination of eligibility based on the criteria listed in
   41  this chapter. The department shall monitor continued eligibility
   42  for temporary cash assistance through periodic reviews
   43  consistent with the food assistance eligibility process.
   44  Benefits shall not be denied to an individual solely based on a
   45  felony drug conviction, unless the conviction is for trafficking
   46  pursuant to s. 893.135. To be eligible under this section, an
   47  individual convicted of a drug felony must be satisfactorily
   48  meeting the requirements of the temporary cash assistance
   49  program, including all substance abuse treatment requirements.
   50  Within the limits specified in this chapter, the state opts out
   51  of the provision of Pub. L. No. 104-193, s. 115, that eliminates
   52  eligibility for temporary cash assistance and food assistance
   53  for any individual convicted of a controlled substance felony.
   54         (3) ELIGIBILITY FOR NONCITIZENS.—A “qualified noncitizen”
   55  is an individual who is admitted to the United States as a
   56  refugee under s. 207 of the Immigration and Nationality Act or
   57  who is granted asylum under s. 208 of the Immigration and
   58  Nationality Act; a noncitizen whose deportation is withheld
   59  under s. 243(h) or s. 241(b)(3) of the Immigration and
   60  Nationality Act; a noncitizen who is paroled into the United
   61  States under s. 212(d)(5) of the Immigration and Nationality
   62  Act, for at least 1 year; a noncitizen who is granted
   63  conditional entry pursuant to s. 203(a)(7) of the Immigration
   64  and Nationality Act as in effect prior to April 1, 1980; a Cuban
   65  or Haitian entrant; or a noncitizen who has been admitted as a
   66  permanent resident. In addition, a “qualified noncitizen”
   67  includes an individual who, or an individual whose child or
   68  parent, has been battered or subject to extreme cruelty in the
   69  United States by a spouse, a parent, or other household member
   70  under certain circumstances, and has applied for or received
   71  protection under the federal Violence Against Women Act of 1994,
   72  Pub. L. No. 103-322, if the need for benefits is related to the
   73  abuse and the batterer no longer lives in the household. A
   74  “nonqualified noncitizen” is a nonimmigrant noncitizen,
   75  including a tourist, business visitor, foreign student, exchange
   76  visitor, temporary worker, or diplomat. In addition, a
   77  “nonqualified noncitizen” includes an individual paroled into
   78  the United States for less than 1 year. A qualified noncitizen
   79  who is otherwise eligible may receive temporary cash assistance
   80  to the extent permitted by federal law. The income or resources
   81  of a sponsor and the sponsor’s spouse shall be included in
   82  determining eligibility to the maximum extent permitted by
   83  federal law.
   84         (d) The income of an illegal noncitizen or ineligible
   85  noncitizen who is a mandatory member of a family, less a pro
   86  rata share for the illegal noncitizen or ineligible noncitizen,
   87  counts in full in determining a family’s eligibility to
   88  participate in the program.
   89         (11) DISREGARDS.—
   90         (a) As an incentive to employment, the first $200 plus one
   91  half of the remainder of earned income shall be disregarded. In
   92  order to be eligible for earned income to be disregarded, the
   93  individual must be:
   94         1. A current participant in the program; or
   95         2. Eligible for participation in the program without the
   96  earnings disregard.
   97         (b) A child’s earned income shall be disregarded if the
   98  child is a family member, attends high school or the equivalent,
   99  and is less than 19 years of age or younger.
  100         Section 2. Section 414.105, Florida Statutes, is amended to
  101  read:
  102         414.105 Time limitations of temporary cash assistance.
  103  Except as otherwise provided in this section, an applicant or
  104  current participant shall receive temporary cash assistance for
  105  no more than a lifetime cumulative total of 30 48 months, unless
  106  otherwise provided by law.
  107         (1) Hardship exemptions from the time limitations provided
  108  in this section may not exceed 20 percent of the average monthly
  109  caseload, as determined by the department in cooperation with
  110  CareerSource Florida, Inc. Criteria for hardship exemptions
  111  include:
  112         (a) Diligent participation in activities, combined with
  113  inability to obtain employment.
  114         (b) Diligent participation in activities, combined with
  115  extraordinary barriers to employment, including the conditions
  116  which may result in an exemption to work requirements.
  117         (c) Significant barriers to employment, combined with a
  118  need for additional time.
  119         (d) Diligent participation in activities and a need by teen
  120  parents for an exemption in order to have 24 months of
  121  eligibility beyond receipt of the high school diploma or
  122  equivalent.
  123         (e) A recommendation of extension for a minor child of a
  124  participating family that has reached the end of the eligibility
  125  period for temporary cash assistance. The recommendation must be
  126  the result of a review that determines that the termination of
  127  the child’s temporary cash assistance would be likely to result
  128  in the child being placed into emergency shelter or foster care.
  129         (2) A victim of domestic violence may be granted a hardship
  130  exemption if the effects of such domestic violence delay or
  131  otherwise interrupt or adversely affect the individual’s
  132  participation in the program.
  133         (3) The department, in cooperation with CareerSource
  134  Florida, Inc., shall establish a procedure for approving
  135  hardship exemptions and for reviewing hardship cases at least
  136  once every 2 years. Regional workforce boards may assist in
  137  making these determinations.
  138         (4) For individuals who have moved from another state, the
  139  months in which temporary cash assistance was received under a
  140  block grant program that provided temporary assistance for needy
  141  families in any state shall count towards the cumulative 30
  142  month 48-month benefit limit for temporary cash assistance.
  143         (5) For individuals subject to a time limitation under the
  144  Family Transition Act of 1993, that time limitation shall
  145  continue to apply. Months in which temporary cash assistance was
  146  received through the family transition program shall count
  147  towards the time limitations under this section.
  148         (6) Except when temporary cash assistance was received
  149  through the family transition program, the calculation of the
  150  time limitation for temporary cash assistance shall begin with
  151  the first month of receipt of temporary cash assistance after
  152  the effective date of this act.
  153         (7) Child-only cases are not subject to time limitations,
  154  and temporary cash assistance received while an individual is a
  155  minor child shall not count towards time limitations.
  156         (8) An individual who receives benefits under the
  157  Supplemental Security Income (SSI) program or the Social
  158  Security Disability Insurance (SSDI) program is not subject to
  159  time limitations. An individual who has applied for supplemental
  160  security income (SSI) or supplemental security disability income
  161  (SSDI) but has not yet received a determination must be granted
  162  an extension of time limits until the individual receives a
  163  final determination on the SSI or SSDI application.
  164  Determination shall be considered final once all appeals have
  165  been exhausted, benefits have been received, or denial has been
  166  accepted without any appeal. While awaiting a final
  167  determination, the individual must continue to meet all program
  168  requirements assigned to the participant based on medical
  169  ability to comply. If a final determination results in the
  170  denial of benefits for supplemental security income (SSI) or
  171  supplemental security disability income (SSDI), any period
  172  during which the recipient received assistance under this
  173  section shall be counted in the recipient’s 30-month 48-month
  174  lifetime limit.
  175         (9) A person who is totally responsible for the personal
  176  care of a disabled family member is not subject to time
  177  limitations if the need for the care is verified and alternative
  178  care is not available for the family member. The department
  179  shall annually evaluate an individual’s qualifications for this
  180  exemption.
  181         (10) A member of the staff of the regional workforce board
  182  shall interview and assess the employment prospects and barriers
  183  of each participant who is within 6 months of reaching the 30
  184  month 48-month time limit. The staff member shall assist the
  185  participant in identifying actions necessary to become employed
  186  prior to reaching the benefit time limit for temporary cash
  187  assistance and, if appropriate, shall refer the participant for
  188  services that could facilitate employment.
  189         Section 3. Subsection (2) of section 445.024, Florida
  190  Statutes, is amended to read:
  191         445.024 Work requirements.—
  192         (2) WORK ACTIVITY REQUIREMENTS.—Each individual who is not
  193  otherwise exempt from work activity requirements must provide
  194  proof of application for employment with three employers and
  195  participate in a work activity for the maximum number of hours
  196  allowable under federal law; however, a participant may not be
  197  required to work more than 40 hours per week. The maximum number
  198  of hours each month that a family may be required to participate
  199  in community service or work experience programs is the number
  200  of hours that would result from dividing the family’s monthly
  201  amount for temporary cash assistance and food assistance by the
  202  applicable minimum wage. However, the maximum hours required per
  203  week for community service or work experience may not exceed 40
  204  hours.
  205         (a) A participant in a work activity may also be required
  206  to enroll in and attend a course of instruction designed to
  207  increase literacy skills to a level necessary for obtaining or
  208  retaining employment if the instruction plus the work activity
  209  does not require more than 40 hours per week.
  210         (b) Program funds may be used, as available, to support the
  211  efforts of a participant who meets the work activity
  212  requirements and who wishes to enroll in or continue enrollment
  213  in an adult general education program or other training
  214  programs.
  215         Section 4. For the purpose of incorporating the amendment
  216  made by this act to section 414.105, Florida Statutes, in
  217  references thereto, paragraphs (b) and (c) of subsection (4) of
  218  section 414.065, Florida Statutes, are reenacted to read:
  219         414.065 Noncompliance with work requirements.—
  220         (4) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.—Unless otherwise
  221  provided, the situations listed in this subsection shall
  222  constitute exceptions to the penalties for noncompliance with
  223  participation requirements, except that these situations do not
  224  constitute exceptions to the applicable time limit for receipt
  225  of temporary cash assistance:
  226         (b) Noncompliance related to domestic violence.—An
  227  individual who is determined to be unable to comply with the
  228  work requirements because such compliance would make it probable
  229  that the individual would be unable to escape domestic violence
  230  shall be exempt from work requirements. However, the individual
  231  shall comply with a plan that specifies alternative requirements
  232  that prepare the individual for self-sufficiency while providing
  233  for the safety of the individual and the individual’s
  234  dependents. A participant who is determined to be out of
  235  compliance with the alternative requirement plan shall be
  236  subject to the penalties under subsection (1). An exception
  237  granted under this paragraph does not automatically constitute
  238  an exception to the time limitations on benefits specified under
  239  s. 414.105.
  240         (c) Noncompliance related to treatment or remediation of
  241  past effects of domestic violence.—An individual who is
  242  determined to be unable to comply with the work requirements
  243  under this section due to mental or physical impairment related
  244  to past incidents of domestic violence may be exempt from work
  245  requirements, except that such individual shall comply with a
  246  plan that specifies alternative requirements that prepare the
  247  individual for self-sufficiency while providing for the safety
  248  of the individual and the individual’s dependents. A participant
  249  who is determined to be out of compliance with the alternative
  250  requirement plan shall be subject to the penalties under
  251  subsection (1). The plan must include counseling or a course of
  252  treatment necessary for the individual to resume participation.
  253  The need for treatment and the expected duration of such
  254  treatment must be verified by a physician licensed under chapter
  255  458 or chapter 459; a psychologist licensed under s. 490.005(1),
  256  s. 490.006, or the provision identified as s. 490.013(2) in s.
  257  1, chapter 81-235, Laws of Florida; a therapist as defined in s.
  258  491.003(2) or (6); or a treatment professional who is registered
  259  under s. 39.905(1)(g), is authorized to maintain confidentiality
  260  under s. 90.5036(1)(d), and has a minimum of 2 years experience
  261  at a certified domestic violence center. An exception granted
  262  under this paragraph does not automatically constitute an
  263  exception from the time limitations on benefits specified under
  264  s. 414.105.
  265         Section 5. For the purpose of incorporating the amendment
  266  made by this act to section 414.105, Florida Statutes, in a
  267  reference thereto, paragraph (a) of subsection (4) of section
  268  445.051, Florida Statutes, is reenacted to read:
  269         445.051 Individual development accounts.—
  270         (4)(a) Any family subject to time limits and fully
  271  complying with work requirements of the temporary cash
  272  assistance program, pursuant to ss. 414.045, 414.065, 414.095,
  273  414.105, and 445.024, which enters into an agreement with an
  274  approved fiduciary organization is eligible to participate in an
  275  individual development account.
  276         Section 6. For the purpose of incorporating the amendments
  277  made by this act to sections 414.095 and 414.105, Florida
  278  Statutes, in references thereto, subsection (1) of section
  279  414.045, Florida Statutes, is reenacted to read:
  280         414.045 Cash assistance program.—Cash assistance families
  281  include any families receiving cash assistance payments from the
  282  state program for temporary assistance for needy families as
  283  defined in federal law, whether such funds are from federal
  284  funds, state funds, or commingled federal and state funds. Cash
  285  assistance families may also include families receiving cash
  286  assistance through a program defined as a separate state
  287  program.
  288         (1) For reporting purposes, families receiving cash
  289  assistance shall be grouped into the following categories. The
  290  department may develop additional groupings in order to comply
  291  with federal reporting requirements, to comply with the data
  292  reporting needs of the board of directors of CareerSource
  293  Florida, Inc., or to better inform the public of program
  294  progress.
  295         (a) Work-eligible cases.—Work-eligible cases shall include:
  296         1. Families containing an adult or a teen head of
  297  household, as defined by federal law. These cases are generally
  298  subject to the work activity requirements provided in s. 445.024
  299  and the time limitations on benefits provided in s. 414.105.
  300         2. Families with a parent where the parent’s needs have
  301  been removed from the case due to sanction or disqualification
  302  shall be considered work-eligible cases to the extent that such
  303  cases are considered in the calculation of federal participation
  304  rates or would be counted in such calculation in future months.
  305         3. Families participating in transition assistance
  306  programs.
  307         4. Families otherwise eligible for temporary cash
  308  assistance which receive diversion services, a severance
  309  payment, or participate in the relocation program.
  310         (b) Child-only cases.—Child-only cases include cases that
  311  do not have an adult or teen head of household as defined in
  312  federal law. Such cases include:
  313         1. Children in the care of caretaker relatives, if the
  314  caretaker relatives choose to have their needs excluded in the
  315  calculation of the amount of cash assistance.
  316         2. Families in the Relative Caregiver Program as provided
  317  in s. 39.5085.
  318         3. Families in which the only parent in a single-parent
  319  family or both parents in a two-parent family receive
  320  supplemental security income (SSI) benefits under Title XVI of
  321  the Social Security Act, as amended. To the extent permitted by
  322  federal law, individuals receiving SSI shall be excluded as
  323  household members in determining the amount of cash assistance,
  324  and such cases shall not be considered families containing an
  325  adult. Parents or caretaker relatives who are excluded from the
  326  cash assistance group due to receipt of SSI may choose to
  327  participate in work activities. An individual whose ability to
  328  participate in work activities is limited who volunteers to
  329  participate in work activities shall be assigned to work
  330  activities consistent with such limitations. An individual who
  331  volunteers to participate in a work activity may receive child
  332  care or support services consistent with such participation.
  333         4. Families in which the only parent in a single-parent
  334  family or both parents in a two-parent family are not eligible
  335  for cash assistance due to immigration status or other
  336  limitation of federal law. To the extent required by federal
  337  law, such cases shall not be considered families containing an
  338  adult.
  339         5. To the extent permitted by federal law and subject to
  340  appropriations, special needs children who have been adopted
  341  pursuant to s. 409.166 and whose adopting family qualifies as a
  342  needy family under the state program for temporary assistance
  343  for needy families. Notwithstanding any provision to the
  344  contrary in s. 414.075, s. 414.085, or s. 414.095, a family
  345  shall be considered a needy family if:
  346         a. The family is determined by the department to have an
  347  income below 200 percent of the federal poverty level;
  348         b. The family meets the requirements of s. 414.095(2) and
  349  (3) related to residence, citizenship, or eligible noncitizen
  350  status; and
  351         c. The family provides any information that may be
  352  necessary to meet federal reporting requirements specified under
  353  Part A of Title IV of the Social Security Act.
  354  
  355  Families described in subparagraph 1., subparagraph 2., or
  356  subparagraph 3. may receive child care assistance or other
  357  supports or services so that the children may continue to be
  358  cared for in their own homes or in the homes of relatives. Such
  359  assistance or services may be funded from the temporary
  360  assistance for needy families block grant to the extent
  361  permitted under federal law and to the extent funds have been
  362  provided in the General Appropriations Act.
  363         Section 7. This act shall take effect July 1, 2016.