Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 563, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             03/04/2016 04:09 PM       .                                

       Senator Hutson moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective October 1, 2016, paragraph (d) of
    6  subsection (3), and subsection (11) of section 414.095, Florida
    7  Statutes, are amended to read:
    8         414.095 Determining eligibility for temporary cash
    9  assistance.—
   10         (3) ELIGIBILITY FOR NONCITIZENS.—A “qualified noncitizen”
   11  is an individual who is admitted to the United States as a
   12  refugee under s. 207 of the Immigration and Nationality Act or
   13  who is granted asylum under s. 208 of the Immigration and
   14  Nationality Act; a noncitizen whose deportation is withheld
   15  under s. 243(h) or s. 241(b)(3) of the Immigration and
   16  Nationality Act; a noncitizen who is paroled into the United
   17  States under s. 212(d)(5) of the Immigration and Nationality
   18  Act, for at least 1 year; a noncitizen who is granted
   19  conditional entry pursuant to s. 203(a)(7) of the Immigration
   20  and Nationality Act as in effect prior to April 1, 1980; a Cuban
   21  or Haitian entrant; or a noncitizen who has been admitted as a
   22  permanent resident. In addition, a “qualified noncitizen”
   23  includes an individual who, or an individual whose child or
   24  parent, has been battered or subject to extreme cruelty in the
   25  United States by a spouse, a parent, or other household member
   26  under certain circumstances, and has applied for or received
   27  protection under the federal Violence Against Women Act of 1994,
   28  Pub. L. No. 103-322, if the need for benefits is related to the
   29  abuse and the batterer no longer lives in the household. A
   30  “nonqualified noncitizen” is a nonimmigrant noncitizen,
   31  including a tourist, business visitor, foreign student, exchange
   32  visitor, temporary worker, or diplomat. In addition, a
   33  “nonqualified noncitizen” includes an individual paroled into
   34  the United States for less than 1 year. A qualified noncitizen
   35  who is otherwise eligible may receive temporary cash assistance
   36  to the extent permitted by federal law. The income or resources
   37  of a sponsor and the sponsor’s spouse shall be included in
   38  determining eligibility to the maximum extent permitted by
   39  federal law.
   40         (d) The income of an illegal noncitizen or ineligible
   41  noncitizen who is a mandatory member of a family, less a pro
   42  rata share for the illegal noncitizen or ineligible noncitizen,
   43  counts in full in determining a family’s eligibility to
   44  participate in the program.
   45         (11) DISREGARDS.—
   46         (a) As an incentive to employment, the first $200 plus one
   47  half of the remainder of earned income shall be disregarded. In
   48  order to be eligible for earned income to be disregarded, the
   49  individual must be:
   50         1. A current participant in the program; or
   51         2. Eligible for participation in the program without the
   52  earnings disregard; or
   53         3. The ineligible noncitizen parent of a child who is a
   54  recipient or who would be eligible without the disregarded
   55  earned income.
   56         (b) A child’s earned income shall be disregarded if the
   57  child is a family member, attends high school or the equivalent,
   58  and is less than 19 years of age or younger.
   59         Section 2. For the purpose of incorporating the amendment
   60  made by this act to section 414.095, Florida Statutes, in a
   61  reference thereto, paragraph (b) of subsection (1) of section
   62  414.045, Florida Statutes, is reenacted to read:
   63         414.045 Cash assistance program.—Cash assistance families
   64  include any families receiving cash assistance payments from the
   65  state program for temporary assistance for needy families as
   66  defined in federal law, whether such funds are from federal
   67  funds, state funds, or commingled federal and state funds. Cash
   68  assistance families may also include families receiving cash
   69  assistance through a program defined as a separate state
   70  program.
   71         (1) For reporting purposes, families receiving cash
   72  assistance shall be grouped into the following categories. The
   73  department may develop additional groupings in order to comply
   74  with federal reporting requirements, to comply with the data
   75  reporting needs of the board of directors of CareerSource
   76  Florida, Inc., or to better inform the public of program
   77  progress.
   78         (b) Child-only cases.—Child-only cases include cases that
   79  do not have an adult or teen head of household as defined in
   80  federal law. Such cases include:
   81         1. Children in the care of caretaker relatives, if the
   82  caretaker relatives choose to have their needs excluded in the
   83  calculation of the amount of cash assistance.
   84         2. Families in the Relative Caregiver Program as provided
   85  in s. 39.5085.
   86         3. Families in which the only parent in a single-parent
   87  family or both parents in a two-parent family receive
   88  supplemental security income (SSI) benefits under Title XVI of
   89  the Social Security Act, as amended. To the extent permitted by
   90  federal law, individuals receiving SSI shall be excluded as
   91  household members in determining the amount of cash assistance,
   92  and such cases shall not be considered families containing an
   93  adult. Parents or caretaker relatives who are excluded from the
   94  cash assistance group due to receipt of SSI may choose to
   95  participate in work activities. An individual whose ability to
   96  participate in work activities is limited who volunteers to
   97  participate in work activities shall be assigned to work
   98  activities consistent with such limitations. An individual who
   99  volunteers to participate in a work activity may receive child
  100  care or support services consistent with such participation.
  101         4. Families in which the only parent in a single-parent
  102  family or both parents in a two-parent family are not eligible
  103  for cash assistance due to immigration status or other
  104  limitation of federal law. To the extent required by federal
  105  law, such cases shall not be considered families containing an
  106  adult.
  107         5. To the extent permitted by federal law and subject to
  108  appropriations, special needs children who have been adopted
  109  pursuant to s. 409.166 and whose adopting family qualifies as a
  110  needy family under the state program for temporary assistance
  111  for needy families. Notwithstanding any provision to the
  112  contrary in s. 414.075, s. 414.085, or s. 414.095, a family
  113  shall be considered a needy family if:
  114         a. The family is determined by the department to have an
  115  income below 200 percent of the federal poverty level;
  116         b. The family meets the requirements of s. 414.095(2) and
  117  (3) related to residence, citizenship, or eligible noncitizen
  118  status; and
  119         c. The family provides any information that may be
  120  necessary to meet federal reporting requirements specified under
  121  Part A of Title IV of the Social Security Act.
  123  Families described in subparagraph 1., subparagraph 2., or
  124  subparagraph 3. may receive child care assistance or other
  125  supports or services so that the children may continue to be
  126  cared for in their own homes or in the homes of relatives. Such
  127  assistance or services may be funded from the temporary
  128  assistance for needy families block grant to the extent
  129  permitted under federal law and to the extent funds have been
  130  provided in the General Appropriations Act.
  131         Section 3. Except as otherwise expressly provided in this
  132  act, this act shall take effect July 1, 2016.
  134  ================= T I T L E  A M E N D M E N T ================
  135  And the title is amended as follows:
  136         Delete everything before the enacting clause
  137  and insert:
  138                        A bill to be entitled                      
  139         An act relating to the temporary cash assistance
  140         program; amending s. 414.095, F.S.; revising the
  141         consideration of income from certain illegal
  142         noncitizen or ineligible noncitizen family members in
  143         determining the family’s eligibility for temporary
  144         cash assistance; revising the eligibility requirements
  145         for earned-income disregards for certain persons;
  146         revising the age of a child whose earned income is
  147         disregarded; reenacting s. 414.045(1)(b), F.S.,
  148         relating to the cash assistance program, to
  149         incorporate the amendment made to s. 414.095, F.S., in
  150         a reference thereto; providing effective dates.