Senate Bill 0256er

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  1

  2         An act relating to the WAGES Program; amending

  3         s. 402.305, F.S.; revising provisions excepting

  4         program participants working at a child care

  5         facility from calculation of the facility's

  6         staff-to-child ratio; amending s. 414.0252,

  7         F.S.; providing a definition; creating s.

  8         414.0267, F.S.; establishing a program of

  9         matching grants for economic independence;

10         amending s. 414.027, F.S.; revising

11         requirements for the annual state plan;

12         modifying payment structure for services to

13         WAGES participants; amending s. 414.028, F.S.;

14         eliminating references to certain duties of the

15         Department of Labor and Employment Security;

16         providing funding for local WAGES coalitions

17         through contract with the Department of

18         Management Services; providing for revocation

19         of a local coalition charter; providing for

20         reassignment of duties; specifying use of

21         funds; amending s. 414.030, F.S.; eliminating a

22         cap on the number of WAGES Program employment

23         projects to be identified; specifying a limit

24         to funds allocated; authorizing the award of

25         reasonable administrative costs associated with

26         such projects; specifying contract terms;

27         requiring creation of a WAGES Program

28         Employment Implementation Team; creating s.

29         414.035, F.S.; requiring expenditures of funds

30         under Temporary Assistance for Needy Families

31         to be in accordance with federal provisions;


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  1         requiring certification of fiscal controls;

  2         creating s. 414.045, F.S.; providing cash

  3         assistance program reporting and oversight

  4         requirements; providing duties of the state

  5         board of directors, local coalitions, and

  6         Department of Children and Family Services;

  7         amending s. 414.055, F.S.; conforming

  8         references; amending s. 414.065, F.S.; revising

  9         restrictions on the use of vocational education

10         to fulfill work activity requirements; revising

11         provisions relating to job skills training;

12         providing for extended education and training;

13         providing penalties for failure to comply with

14         work activity alternative requirement plans;

15         revising provisions relating to interview,

16         counseling, and services for noncompliant

17         participants; directing the department to seek

18         a federal waiver to administer certain

19         sanctions; providing for limited work activity

20         assignments for persons with medically verified

21         limitations; providing for medical or

22         vocational assessment; providing an exemption

23         from work activity requirements for certain

24         supplemental security income applicants;

25         providing for contracts for vocational

26         assessments and work evaluations; creating s.

27         414.0655, F.S.; providing an exception from

28         work activities for participants who require

29         out-of-home residential treatment for substance

30         abuse or mental health impairment; providing

31         time limitations; amending s. 414.085, F.S.;


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  1         revising applicability of certain federal

  2         income to program income eligibility standards;

  3         providing that local coalition incentive

  4         payments not be considered income; amending s.

  5         414.095, F.S.; revising provisions relating to

  6         temporary cash assistance and a shelter

  7         obligation for teen parents; providing for

  8         transitional benefits and services for families

  9         leaving the temporary cash assistance program;

10         amending s. 414.105, F.S.; revising time

11         limitations and exceptions for temporary cash

12         assistance; creating s. 414.1525, F.S.;

13         authorizing an early exit diversion program;

14         providing criteria for one-time lump-sum

15         payment in lieu of ongoing cash assistance;

16         providing limitations; amending s. 414.155,

17         F.S.; revising procedure for determination of

18         relocation assistance and for receipt and

19         repayment of assistance thereafter; providing

20         eligibility for transitional benefits and

21         services; creating s. 414.157, F.S.;

22         authorizing a diversion program for victims of

23         domestic violence; providing eligibility;

24         providing limitations; creating s. 414.158,

25         F.S.; authorizing a diversion program to

26         strengthen Florida's families; providing

27         limitations and requirements; creating s.

28         414.1585, F.S.; authorizing a diversion program

29         for families at risk of welfare dependency due

30         to substance abuse or mental illness; providing

31         limitations and requirements; creating s.


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  1         414.159, F.S.; authorizing the teen parent and

  2         teen pregnancy diversion program; providing

  3         eligibility; providing limitations; creating s.

  4         414.1599, F.S.; providing for determination of

  5         need for diversion programs; creating s.

  6         414.18, F.S.; creating a program for dependent

  7         care for families with children with special

  8         needs; providing requirements and limitations;

  9         amending ss. 414.20, 414.23, 414.37, 414.44,

10         and 414.45, F.S.; conforming references;

11         amending s. 414.22, F.S.; revising eligibility

12         for transitional education and training;

13         creating s. 414.223, F.S.; providing for

14         development of lists of postsecondary programs

15         and courses that promote job retention and

16         advancement; authorizing establishment of

17         Retention Incentive Training Accounts;

18         providing for funding; providing eligible

19         expenditures; requiring an annual report;

20         amending s. 414.225, F.S.; revising provisions

21         relating to transitional transportation;

22         amending s. 414.70, F.S.; providing drug

23         testing and screening requirements for parents

24         and caretaker relatives in a cash assistance

25         group; providing exceptions; providing

26         applicability of work requirements and

27         penalties to persons who fail to comply with

28         drug testing and screening requirements;

29         amending s. 239.249, F.S.; correcting a cross

30         reference; amending s. 250.10, F.S.; requiring

31         the Adjutant General to administer a life


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  1         preparation program and job readiness services;

  2         repealing s. 414.29, F.S., relating to access

  3         to lists of temporary cash assistance

  4         recipients; repealing s. 414.43, F.S., relating

  5         to a special needs allowance for families with

  6         a disabled family member; providing for

  7         transfer of funds between appropriations

  8         categories; providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Paragraph (b) of subsection (4) of section

13  402.305, Florida Statutes, 1998 Supplement, is amended to

14  read:

15         402.305  Licensing standards; child care facilities.--

16         (4)  STAFF-TO-CHILDREN RATIO.--

17         (a)  Minimum standards for the care of children in a

18  licensed child care facility as established by rule of the

19  department must include:

20         1.  For children from birth through 1 year of age,

21  there must be one child care personnel for every four

22  children.

23         2.  For children 1 year of age or older, but under 2

24  years of age, there must be one child care personnel for every

25  six children.

26         3.  For children 2 years of age or older, but under 3

27  years of age, there must be one child care personnel for every

28  11 children.

29         4.  For children 3 years of age or older, but under 4

30  years of age, there must be one child care personnel for every

31  15 children.


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  1         5.  For children 4 years of age or older, but under 5

  2  years of age, there must be one child care personnel for every

  3  20 children.

  4         6.  For children 5 years of age or older, there must be

  5  one child care personnel for every 25 children.

  6         7.  When children 2 years of age and older are in care,

  7  the staff-to-children ratio shall be based on the age group

  8  with the largest number of children within the group.

  9         (b)  This subsection does not apply to nonpublic

10  schools and their integral programs as defined in s.

11  402.3025(2)(d)1. In addition, an individual participating in a

12  community service work experience activity under s.

13  414.065(1)(d), or a work experience activity under s.

14  414.065(1)(e), at a child care facility employee of a child

15  care facility who receives subsidized wages under the WAGES

16  Program may not be considered in calculating the

17  staff-to-children ratio.

18         Section 2.  Subsection (12) of section 414.0252,

19  Florida Statutes, 1998 Supplement, is renumbered as subsection

20  (13), and a new subsection (12) is added to said section to

21  read:

22         414.0252  Definitions.--As used in ss. 414.015-414.45,

23  the term:

24         (12)  "Services and one-time payments" or "services,"

25  when used in reference to individuals who are not receiving

26  temporary cash assistance, means nonrecurrent, short-term

27  benefits designed to deal with a specific crisis situation or

28  episode of need and other services; work subsidies; supportive

29  services such as child care and transportation; services such

30  as counseling, case management, peer support, and child care

31  information and referral; transitional services, job


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  1  retention, job advancement, and other employment-related

  2  services; nonmedical treatment for substance abuse or mental

  3  health problems; and any other services that are reasonably

  4  calculated to further the purposes of the WAGES Program and

  5  the federal Temporary Assistance for Needy Families program.

  6  Such terms do not include assistance as defined in federal

  7  regulations at 45 C.F.R. s. 260.31(a).

  8         Section 3.  Section 414.0267, Florida Statutes, is

  9  created to read:

10         414.0267  Matching grants for economic independence.--

11         (1)  There is established a program of matching grants

12  for economic independence. The program shall provide an

13  incentive in the form of matching grants for donations and

14  expenditures by donors and charitable organizations for

15  transitional, diversion, and support programs that complement,

16  supplement, and further the goals of the WAGES Program.

17         (2)  The WAGES Program State Board of Directors shall,

18  by rule, specify the funds allocated for matching, the process

19  for submission, documentation, and approval of requests for

20  program funds and matching funds, accountability for funds and

21  proceeds of investments, allocations to programs and

22  coalitions, restrictions on the use of the funds, and criteria

23  used in determining the value of donations.

24         Section 4.  Subsection (1) of section 414.027, Florida

25  Statutes, is amended to read:

26         414.027  WAGES Program annual statewide program

27  implementation plan.--

28         (1)  The WAGES Program State Board of Directors shall

29  submit to the Governor, the President of the Senate, and the

30  Speaker of the House of Representatives an annual a statewide

31  plan for implementing the WAGES Program established under this


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  1  chapter. At a minimum, the annual statewide program

  2  implementation plan must include:

  3         (a)  Performance standards, measurement criteria, and

  4  contract guidelines for all services provided under the WAGES

  5  Program whether by state employees or contract providers. The

  6  plan must include performance standards and objectives,

  7  measurement criteria, measures of performance, and contract

  8  guidelines for all local WAGES coalitions related to the

  9  following issues:

10         1.  Work participation rates by type of activity;

11         2.  Caseload trends;

12         3.  Recidivism;

13         4.  Participation in diversion and relocation programs;

14         5.  Employment retention; and

15         6.  Other issues identified by the WAGES Program State

16  Board of Directors.

17         (b)  A description of:

18         1.  Cooperative agreements and partnerships between

19  local WAGES coalitions and local community agencies and

20  not-for-profit organizations described in section 501(c)(3) of

21  the Internal Revenue Code;

22         2.  Efforts by local WAGES coalitions to provide WAGES

23  applicants, recipients, and former recipients with information

24  on the services and programs available to them, including

25  diversion programs, relocation assistance, and other services

26  that may be obtained without receiving monthly cash

27  assistance;

28         3.  Efforts by local WAGES coalitions to overcome

29  transportation barriers to employment; and

30         4.  Other issues determined by the WAGES Program State

31  Board of Directors.


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  1         (c)  An evaluation of the performance of each local

  2  WAGES coalition based on the performance measures and

  3  guidelines.

  4         (d)(b)  Directives for creating and chartering local

  5  WAGES coalitions to plan and coordinate the delivery of

  6  services under the WAGES Program at the local level.

  7         (e)(c)  The approval of the implementation plans

  8  submitted by local WAGES coalitions.

  9         (f)(d)  Recommendations for clarifying, or if

10  necessary, modifying the roles of the state agencies charged

11  with implementing the WAGES Program so that all unnecessary

12  duplication is eliminated.

13         (g)(e)  Recommendations for modifying compensation and

14  incentive programs for state employees in order to achieve the

15  performance outcomes necessary for successful implementation

16  of the WAGES Program.

17         (h)(f)  Criteria for allocating WAGES Program resources

18  to local WAGES coalitions. Such criteria must include

19  weighting factors that reflect the relative degree of

20  difficulty associated with securing employment placements for

21  specific subsets of the welfare transition caseload.

22         (i)(g)  The development of a performance-based payment

23  structure to be used for all WAGES Program services, which

24  takes into account the following:

25         1.  The degree of difficulty associated with placing a

26  WAGES Program participant in a job;

27         2.  The quality of the placement with regard to salary,

28  benefits, and opportunities for advancement; and

29         3.  The employee's retention of the placement.

30

31


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  1  The payment structure shall provide not more than 50 40

  2  percent of the cost of services provided to a WAGES

  3  participant prior to placement, 25 50 percent upon employment

  4  placement, and 25 10 percent if employment is retained for at

  5  least 6 months. The payment structure should provide bonus

  6  payments to providers that experience notable success in

  7  achieving long-term job retention with WAGES Program

  8  participants. The board shall consult with the Workforce

  9  Development Board Enterprise Florida workforce development

10  board in developing the WAGES Program annual statewide program

11  implementation plan.

12         (j)  Specifications for WAGES Program services that are

13  to be delivered through local WAGES coalitions, including the

14  following:

15         1.  Referral of participants to diversion and

16  relocation programs;

17         2.  Pre-placement services, including assessment,

18  staffing, career plan development, work orientation, and

19  employability skills enhancement;

20         3.  Services necessary to secure employment for a WAGES

21  participant;

22         4.  Services necessary to assist participants in

23  retaining employment, including, but not limited to, remedial

24  education, language skills, and personal and family

25  counseling;

26         5.  Desired quality of job placements with regard to

27  salary, benefits, and opportunities for advancement;

28         6.  Expectations regarding job retention;

29         7.  Strategies to ensure that transition services are

30  provided to participants for the mandated period of

31  eligibility;


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  1         8.  Services that must be provided to the participant

  2  throughout an education or training program, such as

  3  monitoring attendance and progress in the program;

  4         9.  Services that must be delivered to WAGES

  5  participants who have a deferral from work requirements but

  6  wish to participate in activities that meet federal

  7  participation requirements; and

  8         10.  Expectations regarding continued participant

  9  awareness of available services and benefits.

10         Section 5.  Subsections (2), (4), (5), and (7) of

11  section 414.028, Florida Statutes, 1998 Supplement, are

12  amended, and subsections (9) and (10) are added to said

13  section, to read:

14         414.028  Local WAGES coalitions.--The WAGES Program

15  State Board of Directors shall create and charter local WAGES

16  coalitions to plan and coordinate the delivery of services

17  under the WAGES Program at the local level. The boundaries of

18  the service area for a local WAGES coalition shall conform to

19  the boundaries of the service area for the regional workforce

20  development board established under the Enterprise Florida

21  workforce development board. The local delivery of services

22  under the WAGES Program shall be coordinated, to the maximum

23  extent possible, with the local services and activities of the

24  local service providers designated by the regional workforce

25  development boards.

26         (2)  A local WAGES coalition and a regional workforce

27  development board may be combined into one board if the

28  membership complies with subsection (1), and if the membership

29  of the combined board meets the requirements of Pub. L. No.

30  105-220, s. 117(b)(2) 97-300, the federal Job Training

31  Partnership Act, as amended, and with any law delineating the


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  1  membership requirements for the regional workforce development

  2  boards.

  3         (4)  Each local WAGES coalition shall perform the

  4  planning, coordination, and oversight functions specified in

  5  the statewide implementation plan, including, but not limited

  6  to:

  7         (a)  Developing a program and financial plan to achieve

  8  the performance outcomes specified by the WAGES Program State

  9  Board of Directors for current and potential program

10  participants in the service area. The plan must reflect the

11  needs of service areas for seed money to create programs that

12  assist children of WAGES participants. The plan must also

13  include provisions for providing services for victims of

14  domestic violence.

15         (b)  Developing a funding strategy to implement the

16  program and financial plan which incorporates resources from

17  all principal funding sources.

18         (c)  Identifying employment, service, and support

19  resources in the community which may be used to fulfill the

20  performance outcomes of the WAGES Program.

21         (d)  In cooperation with the regional workforce

22  development board, coordinating the implementation of one-stop

23  career centers.

24         (e)  Advising the Department of Children and Family

25  Services and the Department of Labor and Employment Security

26  with respect to the competitive procurement of services under

27  the WAGES Program.

28         (f)  Selecting an entity to administer the program and

29  financial plan, such as a unit of a political subdivision

30  within the service area, a not-for-profit private organization

31


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  1  or corporation, or any other entity agreed upon by the local

  2  WAGES coalition.

  3         (g)  Developing a plan for services for victims of

  4  domestic violence.

  5         1.  The WAGES Program State Board of Directors shall

  6  specify requirements for the local plan, including:

  7         a.  Criteria for determining eligibility for exceptions

  8  to state work requirements;

  9         b.  The programs and services to be offered to victims

10  of domestic violence;

11         c.  Time limits for exceptions to program requirements,

12  which may not result in an adult participant exceeding the

13  federal time limit for exceptions or the state lifetime

14  benefit limit that the participant would otherwise be entitled

15  to receive; and

16         d.  An annual report on domestic violence, including

17  the progress made in reducing domestic violence as a barrier

18  to self-sufficiency among WAGES participants, local policies

19  and procedures for granting exceptions and exemptions from

20  program requirements due to domestic violence, and the number

21  and percentage of cases in which such exceptions and

22  exemptions are granted.

23         2.  Each local WAGES coalition plan must specify

24  provisions for coordinating and, where appropriate, delivering

25  services, including:

26         a.  Provisions for the local coalition to coordinate

27  with law enforcement agencies and social service agencies and

28  organizations that provide services and protection to victims

29  of domestic violence;

30         b.  Provisions for allowing participants access to

31  domestic violence support services and ensuring that WAGES


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  1  participants are aware of domestic violence shelters,

  2  hotlines, and other domestic violence services and policies;

  3         c.  Designation of the agency that is responsible for

  4  determining eligibility for exceptions from program

  5  requirements due to domestic violence;

  6         d.  Provisions that require each individual who is

  7  granted an exemption from program requirements due to domestic

  8  violence to participate in a program that prepares the

  9  individual for self-sufficiency and safety; and

10         e.  Where possible and necessary, provisions for job

11  assignments and transportation arrangements that take maximum

12  advantage of opportunities to preserve the safety of the

13  victim of domestic violence and the victim's dependents.

14         (5)  By October 1, 1998, local WAGES coalitions shall

15  deliver through one-stop career centers, the full continuum of

16  services provided under the WAGES Program, including services

17  that are provided at the point of application. The State WAGES

18  Board may direct the Department of Labor and Employment

19  Security to provide such services to WAGES participants if a

20  local WAGES coalition is unable to provide services due to

21  decertification. Local WAGES coalitions may not determine an

22  individual's eligibility for temporary cash assistance, and

23  all education and training shall be provided through

24  agreements with regional workforce development boards. The

25  local WAGES coalitions shall develop a transition plan to be

26  approved by the WAGES Program State Board of Directors. Should

27  career service employees of the Department of Labor and

28  Employment Security be subject to layoff due to the local

29  WAGES coalitions taking over the delivery of such services,

30  such employees shall be given priority consideration for

31  employment by the local WAGES coalitions. The local


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  1  coalition's transition plan shall provide for the utilization

  2  of space leased by the Department of Labor and Employment

  3  Security for WAGES service functions.  By October 1, 1998, the

  4  coalition may have negotiated and entered into new lease

  5  agreements or subleased for said space from the Department of

  6  Labor and Employment Security.  In the event the coalition

  7  does not utilize the Department of Labor and Employment

  8  Security leased space, the Department of Labor and Employment

  9  Security shall not be obligated to pay under any lease

10  agreement for WAGES services entered into by the department

11  since July 1, 1996.

12         (7)  At the option of the local WAGES coalition, local

13  employees of the department and the Department of Labor and

14  Employment Security shall provide staff support for the local

15  WAGES coalitions. Staff support may be provided by another

16  agency, entity, or by contract.

17         (9)(a)  Effective October 1, 1999, funds for the

18  administrative and service delivery operations of the local

19  WAGES coalitions shall be provided to the coalitions by

20  contract with the Department of Management Services. The local

21  WAGES coalitions are subject to the provisions of the

22  implementation plan approved for the coalition by the WAGES

23  Program State Board of Directors. Each coalition's

24  implementation plan shall be incorporated into the coalition's

25  contract with the Department of Management Services so that

26  the coalition is contractually committed to achieve the

27  performance requirements contained in the approved plan. The

28  Department of Management Services shall advise the state board

29  of directors of applicable federal and state law related to

30  the contract and of issues raised as a result of oversight of

31  the contracts.


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  1         (b)  A local WAGES coalition that does not meet the

  2  performance requirements set by the WAGES Program State Board

  3  of Directors and contained in the contract executed pursuant

  4  to this subsection must develop for approval by the state

  5  board of directors an analysis of the problems preventing the

  6  region from meeting the performance standards and a plan of

  7  corrective action for meeting state performance requirements.

  8  The analysis and plan of corrective action shall be included

  9  as appendices to the annual plan submitted to the Governor,

10  the President of the Senate, and the Speaker of the House of

11  Representatives by the WAGES Program State Board of Directors.

12         (c)  The WAGES Program State Board of Directors may

13  direct the Department of Management Services to procure a

14  portion of the duties of a local WAGES coalition from another

15  agency, coalition, or provider for good cause. Good cause may

16  include failure to meet performance requirements.

17         (d)  The WAGES Program State Board of Directors may

18  revoke the charter of a local WAGES coalition for good cause,

19  which may include repeated failure to meet performance

20  requirements. If the charter of a local WAGES coalition is

21  revoked, the state board of directors may direct the

22  Department of Management Services to procure a service

23  provider or providers for any or all of the duties of a local

24  WAGES coalition until a new coalition is established by the

25  WAGES Program State Board of Directors and a contract is

26  executed with the new coalition. The service provider may be a

27  public or private agency or another local WAGES coalition.

28         (10)  No less than 25 percent of funds provided to

29  local WAGES coalitions must be used to contract with local

30  public or private agencies that have elected or appointed

31  boards of directors on which a majority of the members are


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  1  residents of that local WAGES coalition's service area.

  2  Subcontracts with local public or private agencies shall be

  3  counted towards compliance with this requirement.

  4         Section 6.  Section 414.030, Florida Statutes, 1998

  5  Supplement, is amended to read:

  6         414.030  WAGES Program Employment Projects.--

  7         (1)  The Legislature finds that the success of the

  8  WAGES Program depends upon the existence of sufficient

  9  employment opportunities compatible with the education and

10  skill levels of participants in the WAGES Program.  The

11  Legislature further finds that extraordinary assistance may

12  need to be granted for certain economic development projects

13  that can have a great impact on the employment of WAGES

14  participants.  It is the intent of the Legislature to

15  authorize the Governor and local governments to marshal state

16  and local resources in a coordinated and timely manner to

17  foster the development and completion of economic development

18  projects that have been identified as having a great impact on

19  the employment of WAGES participants.

20         (2)  By August 1 of each year, each local city and

21  county economic development organization, in consultation with

22  local WAGES coalitions, shall identify economic development

23  projects that can have the greatest impact on employing WAGES

24  participants in their areas.  Each local economic development

25  organization shall provide a prioritized list of no more than

26  five such projects to Enterprise Florida, Inc., by August 1 of

27  each year.  The organizations shall identify local resources

28  that are available to foster the development and completion of

29  each project.

30         (3)(a)  By September 1 of each year, Enterprise

31  Florida, Inc., in consultation with the state WAGES Program


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  1  State Board of Directors, shall review and prioritize the list

  2  of projects identified pursuant to subsection (2) using the

  3  following criteria:

  4         1.  Areas with a high proportion of families who had

  5  already received cash assistance in 3 out of the previous 5

  6  years at the time their time limit was established;

  7         2.  Areas with a high proportion of families subject to

  8  the WAGES time limit headed by a parent who was under age 24

  9  at the time the time limit was established and who lacked high

10  school or GED completion;

11         3.  Areas with a high proportion of families subject to

12  the time limit who have used all of the available months of

13  cash assistance since October 1996;

14         4.  Areas with a low ratio of new jobs per WAGES

15  participant;

16         5.  Areas with a low ratio of job openings requiring

17  less than a high school degree per WAGES participant;

18         6.  Areas with a high proportion of families subject to

19  the time limit who are either within 6 months of the time

20  limit or are receiving cash assistance under a period of

21  hardship extension to the time limit;

22         7.  Areas with unusually high unemployment; and

23         8.  Areas identified as labor surplus areas using the

24  criteria established by the United States Department of Labor

25  Employment and Training Administration.

26         (b)  To the greatest extent possible, Enterprise

27  Florida, Inc., shall foster the development or completion of

28  the projects identified pursuant to paragraph (a) using

29  existing state and local resources under the control of

30  Enterprise Florida, Inc.  To the extent that such projects

31  cannot be developed or completed from resources available, to


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  1  Enterprise Florida, Inc., shall may identify and prioritize no

  2  more than 10 projects, of which no more than 3 may be located

  3  in Dade County, that need extraordinary state and local

  4  assistance. Enterprise Florida, Inc., shall provide the list

  5  of projects needing extraordinary assistance to the Governor

  6  and each WAGES Program Employment Project Coordinator

  7  designated pursuant to subsection (4) by September 1 of each

  8  year.

  9         (4)(a)  By July 1, 1998, the heads of the Departments

10  of Agriculture and Consumer Services, Labor and Employment

11  Security, Community Affairs, Children and Family Services,

12  Revenue, Business and Professional Regulation, Management

13  Services, Military Affairs, Transportation, and Environmental

14  Protection, and the Comptroller; the Auditor General; the

15  executive director of each water management district; and the

16  heads of the Office of Tourism, Trade, and Economic

17  Development, Enterprise Florida, Inc., Institute of Food and

18  Agricultural Sciences, the State Board of Community Colleges,

19  the Division of Workforce Development of the Department of

20  Education, State University System, and the Office of Planning

21  and Budgeting shall select from within such organizations a

22  person to be designated as the WAGES Program Employment

23  Project Coordinator.

24         (b)  By October 1 of each year, each WAGES Program

25  Employment Project Coordinator shall determine what resources

26  are available at the organization to foster the development

27  and completion of the economic development projects received

28  pursuant to subsection (3).  Each coordinator shall provide

29  this determination to the Governor by October 1 of each year.

30         (5)(a)  By October 15 of each year, the Governor may,

31  by executive order, designate these projects as WAGES Program


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  1  Employment Projects, and direct the agencies to use the

  2  resources identified pursuant to subsection (4) to develop or

  3  complete such projects.  The order shall direct such agencies

  4  to contract with the appropriate local WAGES coalition to

  5  develop or complete such projects. Funds allocated to these

  6  projects must not exceed $5,000 per new job created.

  7         (b)  Notwithstanding the eligibility provisions of s.

  8  403.973, the Governor may waive such eligibility requirements

  9  by executive order for projects that have been identified as

10  needing expedited permitting.

11         (c)  To the extent that resources identified pursuant

12  to subsection (4) have been appropriated by the Legislature

13  for a specific purpose that does not allow for the expenditure

14  of such resources on the projects, the Governor may use the

15  budget amendment process in chapter 216 to request that these

16  resources be released to the Governor's Office to accomplish

17  the development or completion of the project.

18         (d)  Any executive order issued by the Governor

19  pursuant to this section shall expire within 90 days, unless

20  renewed for an additional 60 days by the Governor.  However,

21  no executive order may be issued by the Governor pursuant to

22  this section for a period in excess of 150 days.

23         (6)  Each local WAGES coalition with jurisdiction over

24  an area where a WAGES Program Employment Project has been

25  designated by the Governor pursuant to subsection (5) shall

26  enter into a contract with the appropriate local, state, or

27  private entities to ensure that the project is developed and

28  completed.  Such contracts may include, but are not limited

29  to, contracts with applicable state agencies and businesses to

30  provide training, education, and employment opportunities for

31  WAGES participants. Each local WAGES coalition may be awarded


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  1  reasonable administration costs from funds appropriated for

  2  these projects.

  3         (7)  All contracts shall be performance-based and

  4  fixed-unit price. Contracts must include provisions for

  5  reporting employment performance outcomes, identified by the

  6  participant's social security number, utilizing the Florida

  7  Department of Labor and Employment Security's financial

  8  reporting management information system. Contracts may provide

  9  for expenditures that need to be made in advance of the hiring

10  of WAGES participants as provided by applicable federal and

11  state laws. Employment shall be committed to WAGES

12  participants for a period of at least 3 years and shall

13  provide health care benefits.

14         (8)(7)  The Office of Tourism, Trade, and Economic

15  Development shall convene a WAGES Program Employment

16  Implementation Team to ensure the timely and effective

17  implementation of these projects. By March 15 of each year,

18  this team Enterprise Florida, Inc., shall submit to the state

19  WAGES Program State Board of Directors, the Governor, the

20  President of the Senate, the Speaker of the House of

21  Representatives, the Senate Minority Leader, and the House

22  Minority Leader a complete and detailed report that includes,

23  but is not limited to, a description of the activities,

24  expenditures, and projects undertaken pursuant to this section

25  and a description of what, if any, legislative action that may

26  be necessary.

27         (9)(8)(a)  The Auditor General may, pursuant to his or

28  her own authority or at the direction of the Legislature,

29  conduct a financial audit of the expenditure of resources

30  pursuant to this section.

31


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  1         (b)  Prior to the 2000 Regular Session of the

  2  Legislature, the Office of Program Policy Analysis and

  3  Government Accountability shall conduct a review of the

  4  projects developed or completed pursuant to this section.  The

  5  review shall be comprehensive in its scope, but, at a minimum,

  6  must be conducted in a manner as to specifically determine:

  7         1.  The impact the provisions contained in this section

  8  had on the development and completion of the projects

  9  identified pursuant to this section.

10         2.  Whether it would be sound public policy to continue

11  or discontinue to foster the development or completion of

12  projects using the processes provided in this section.  The

13  report shall be submitted by January 1, 2000, to the President

14  of the Senate, the Speaker of the House of Representatives,

15  the Senate Minority Leader, and the House Minority Leader.

16         Section 7.  Section 414.035, Florida Statutes, is

17  created to read:

18         414.035  Authorized expenditures.--Any expenditures

19  from the Temporary Assistance for Needy Families block grant

20  shall be expended in accordance with the requirements and

21  limitations of part A of Title IV of the Social Security Act,

22  as amended, or any other applicable federal requirement or

23  limitation. Prior to any expenditure of such funds, the

24  Secretary of Children and Family Services, or his or her

25  designee, shall certify that controls are in place to ensure

26  such funds are expended in accordance with the requirements

27  and limitations of federal law and that any reporting

28  requirements of federal law are met. It shall be the

29  responsibility of any entity to which such funds are

30  appropriated to obtain the required certification prior to any

31  expenditure of funds.


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  1         Section 8.  Section 414.045, Florida Statutes, is

  2  created to read:

  3         414.045  Cash assistance program.--Cash assistance

  4  families include any families receiving cash assistance

  5  payments from the state program for temporary assistance for

  6  needy families as defined in federal law, whether such funds

  7  are from federal funds, state funds, or commingled federal and

  8  state funds. Cash assistance families may also include

  9  families receiving cash assistance through a program defined

10  as a separate state program.

11         (1)  For reporting purposes, families receiving cash

12  assistance shall be grouped in the following categories. The

13  department may develop additional groupings in order to comply

14  with federal reporting requirements, to comply with the

15  data-reporting needs of the WAGES Program State Board of

16  Directors, or to better inform the public of program progress.

17  Program reporting data shall include, but not necessarily be

18  limited to, the following groupings:

19         (a)  WAGES Cases.--WAGES cases shall include:

20         1.  Families containing an adult or a teen head of

21  household, as defined by federal law. These cases are

22  generally subject to the work activity requirements provided

23  in s. 414.065 and the time limitations on benefits provided in

24  s. 414.105.

25         2.  Families with a parent where the parent's needs

26  have been removed from the case due to sanction or

27  disqualification shall be considered WAGES cases to the extent

28  that such cases are considered in the calculation of federal

29  participation rates or would be counted in such calculation in

30  future months.

31


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  1         3.  Families participating in transition assistance

  2  programs.

  3         4.  Families otherwise eligible for the WAGES Program

  4  that receive a diversion or early exit payment or participate

  5  in the relocation program.

  6         (b)  Child-only cases.--Child-only cases include cases

  7  that do not have an adult or teen head of household as defined

  8  in federal law. Such cases include:

  9         1.  Child-only families with children in the care of

10  caretaker relatives where the caretaker relatives choose to

11  have their needs excluded in the calculation of the amount of

12  cash assistance.

13         2.  Families in the Relative Caregiver Program as

14  provided in s. 39.5085.

15         3.  Families in which the only parent in a

16  single-parent family or both parents in a two-parent family

17  receive supplemental security income (SSI) benefits under

18  Title XVI of the Social Security Act, as amended. To the

19  extent permitted by federal law, individuals receiving SSI

20  shall be excluded as household members in determining the

21  amount of cash assistance, and such cases shall not be

22  considered families containing an adult. Parents or caretaker

23  relatives who are excluded from the cash assistance group due

24  to receipt of SSI may choose to participate in WAGES work

25  activities. An individual who volunteers to participate in

26  WAGES work activity but whose ability to participate in work

27  activities is limited shall be assigned to work activities

28  consistent with such limitations. An individual who volunteers

29  to participate in a WAGES work activity may receive

30  WAGES-related child care or support services consistent with

31  such participation.


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  1         4.  Families where the only parent in a single-parent

  2  family or both parents in a two-parent family are not eligible

  3  for cash assistance due to immigration status or other

  4  requirements of federal law. To the extent required by federal

  5  law, such cases shall not be considered families containing an

  6  adult.

  7

  8  Families described in subparagraph 1., subparagraph 2., or

  9  subparagraph 3. may receive child care assistance or other

10  supports or services so that the children may continue to be

11  cared for in their own homes or the homes of relatives. Such

12  assistance or services may be funded from the temporary

13  assistance for needy families block grant to the extent

14  permitted under federal law and to the extent permitted by

15  appropriation of funds.

16         (2)  The oversight of the WAGES Program State Board of

17  Directors and the service delivery and financial planning

18  responsibilities of the local WAGES coalitions shall apply to

19  the families defined as WAGES cases in paragraph (1)(a).  The

20  department shall be responsible for program administration

21  related to families in groups defined in paragraph (1)(b) and

22  the department shall coordinate such administration with the

23  WAGES Program State Board of Directors to the extent needed

24  for operation of the program.

25         Section 9.  Subsection (6) of section 414.055, Florida

26  Statutes, is amended to read:

27         414.055  One-stop career centers.--

28         (6)  At the one-stop career centers, local WAGES

29  coalitions staff of the Department of Labor and Employment

30  Security shall assign a participant in the WAGES Program to an

31  approved work activities activity.


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  1         Section 10.  Paragraphs (b), (g), (h), and (i) of

  2  subsection (1) and subsections (2), (4), (7), (9), (10), and

  3  (11) of section 414.065, Florida Statutes, 1998 Supplement,

  4  are amended, paragraph (l) is added to subsection (1), and

  5  subsection (13) is added to said section, to read:

  6         414.065  Work requirements.--

  7         (1)  WORK ACTIVITIES.--The following activities may be

  8  used individually or in combination to satisfy the work

  9  requirements for a participant in the WAGES Program:

10         (b)  Subsidized private sector employment.--Subsidized

11  private sector employment is employment in a private

12  for-profit enterprise or a private not-for-profit enterprise

13  which is directly supplemented by federal or state funds. A

14  subsidy may be provided in one or more of the forms listed in

15  this paragraph.

16         1.  Work supplementation.--A work supplementation

17  subsidy diverts a participant's temporary cash assistance

18  under the program to the employer. The employer must pay the

19  participant wages that equal or exceed the applicable federal

20  minimum wage. Work supplementation may not exceed 6 months. At

21  the end of the supplementation period, the employer is

22  expected to retain the participant as a regular employee

23  without receiving a subsidy. A work supplementation agreement

24  may not be continued with any employer who exhibits a pattern

25  of failing to provide participants with continued employment

26  after the period of work supplementation ends.

27         2.  On-the-job training.--On-the-job training is

28  full-time, paid employment in which the employer or an

29  educational institution in cooperation with the employer

30  provides training needed for the participant to perform the

31  skills required for the position. The employer or the


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  1  educational institution on behalf of the employer receives a

  2  subsidy to offset the cost of the training provided to the

  3  participant. Upon satisfactory completion of the training, the

  4  employer is expected to retain the participant as a regular

  5  employee without receiving a subsidy. An on-the-job training

  6  agreement may not be continued with any employer who exhibits

  7  a pattern of failing to provide participants with continued

  8  employment after the on-the-job training subsidy ends.

  9         3.  Incentive payments.--The department and local WAGES

10  coalitions the Department of Labor and Employment Security may

11  provide additional incentive payments to encourage employers

12  to employ program participants. Incentive payments may include

13  payments to encourage the employment of hard-to-place

14  participants, in which case the amount of the payment shall be

15  weighted proportionally to the extent to which the participant

16  has limitations associated with the long-term receipt of

17  welfare and difficulty in sustaining employment. In

18  establishing incentive payments, the department and local

19  WAGES coalitions the Department of Labor and Employment

20  Security shall consider the extent of prior receipt of

21  welfare, lack of employment experience, lack of education,

22  lack of job skills, and other appropriate factors. A

23  participant who has complied with program requirements and who

24  is approaching the time limit for receiving temporary cash

25  assistance may be defined as "hard-to-place." Incentive

26  payments may include payments in which an initial payment is

27  made to the employer upon the employment of a participant, and

28  the majority of the incentive payment is made after the

29  employer retains the participant as a full-time employee for

30  at least 12 months. An incentive agreement may not be

31  continued with any employer who exhibits a pattern of failing


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  1  to provide participants with continued employment after the

  2  incentive payments cease.

  3         4.  Tax credits.--An employer who employs a program

  4  participant may qualify for enterprise zone property tax

  5  credits under s. 220.182, the tax refund program for qualified

  6  target industry businesses under s. 288.106, or other federal

  7  or state tax benefits. The department and the Department of

  8  Labor and Employment Security shall provide information and

  9  assistance, as appropriate, to use such credits to accomplish

10  program goals.

11         5.  WAGES training bonus.--An employer who hires a

12  WAGES participant who has less than 6 months of eligibility

13  for temporary cash assistance remaining and who pays the

14  participant a wage that precludes the participant's

15  eligibility for temporary cash assistance may receive $240 for

16  each full month of employment for a period that may not exceed

17  3 months. An employer who receives a WAGES training bonus for

18  an employee may not receive a work supplementation subsidy for

19  the same employee. Employment is defined as 35 hours per week

20  at a wage of no less than minimum wage.

21         (g)  Vocational education or training.--Vocational

22  education or training is education or training designed to

23  provide participants with the skills and certification

24  necessary for employment in an occupational area. Vocational

25  education or training may be used as a primary program

26  activity for participants when it has been determined that the

27  individual has demonstrated compliance with other phases of

28  program participation and successful completion of the

29  vocational education or training is likely to result in

30  employment entry at a higher wage than the participant would

31  have been likely to attain without completion of the


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  1  vocational education or training. Vocational education or

  2  training may be combined with other program activities and

  3  also may be used to upgrade skills or prepare for a higher

  4  paying occupational area for a participant who is employed.

  5         1.  Unless otherwise provided in this section,

  6  vocational education shall not be used as the primary program

  7  activity for a period which exceeds 12 months. The 12-month

  8  restriction applies to instruction in a career education

  9  program and does not include remediation of basic skills,

10  including English language proficiency, through adult general

11  education if remediation is necessary to enable a WAGES

12  participant to benefit from a career education program. Any

13  necessary remediation must be completed before a participant

14  is referred to vocational education as the primary work

15  activity. In addition, use of vocational education or training

16  shall be restricted to the not more than 20 percent of adult

17  participants in the WAGES region, or subject to other

18  limitation as established in federal law. Vocational education

19  included in a program leading to a high school diploma shall

20  not be considered vocational education for purposes of this

21  section.

22         2.  When possible, a provider of vocational education

23  or training shall use funds provided by funding sources other

24  than the department or the local WAGES coalition Department of

25  Labor and Employment Security. Either department may provide

26  additional funds to a vocational education or training

27  provider only if payment is made pursuant to a

28  performance-based contract. Under a performance-based

29  contract, the provider may be partially paid when a

30  participant completes education or training, but the majority

31  of payment shall be made following the participant's


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  1  employment at a specific wage or job retention for a specific

  2  duration. Performance-based payments made under this

  3  subparagraph are limited to education or training for targeted

  4  occupations identified by the Occupational Forecasting

  5  Conference under s. 216.136, or other programs identified by

  6  the Enterprise Florida Workforce Development Board as

  7  beneficial to meet the needs of designated groups, such as

  8  WAGES participants, who are hard to place. If the contract

  9  pays the full cost of training, the community college or

10  school district may not report the participants for other

11  state funding, except that the college or school district may

12  report WAGES clients for performance incentives or bonuses

13  authorized for student enrollment, completion, and placement.

14         (h)  Job skills training directly related to

15  employment.--Job skills training directly related to

16  employment provides job skills training in a specific

17  occupation for which there is a written commitment by the

18  employer to offer employment to a participant who successfully

19  completes the training. Job skills training includes

20  customized training designed to meet the needs of a specific

21  employer or a specific industry. Job skills training shall

22  include literacy instruction, and may include English

23  proficiency instruction or Spanish language or other language

24  instruction if necessary to enable a participant to perform in

25  a specific job or job training program or if the training

26  enhances employment opportunities in the local community. A

27  participant may be required to complete an entrance assessment

28  or test before entering into job skills training if

29  assessments or tests are required for employment upon

30  completion of the training. Job skills training includes

31  literacy instruction in the workplace if necessary to enable a


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  1  participant to perform in a specific job or job training

  2  program.

  3         (i)  Education services related to employment for

  4  participants 19 years of age or younger.--Education services

  5  provided under this paragraph are designed to prepare a

  6  participant for employment in an occupation. The department

  7  and the Department of Labor and Employment Security shall

  8  coordinate education services with the school-to-work

  9  activities provided under s. 229.595. Activities provided

10  under this paragraph are restricted to participants 19 years

11  of age or younger who have not completed high school or

12  obtained a high school equivalency diploma.

13         (l)  Extended education and training.--Notwithstanding

14  any other provisions of this section to the contrary, the

15  WAGES Program State Board of Directors may approve a plan by a

16  local WAGES coalition for assigning, as work requirements,

17  educational activities that exceed or are not included in

18  those provided elsewhere in this section and that do not

19  comply with federal work participation requirement

20  limitations.  In order to be eligible to implement this

21  provision, a coalition must continue to exceed the overall

22  federal work participation rate requirements.  For purposes of

23  this paragraph, the WAGES Program State Board of Directors may

24  adjust the regional participation requirement based on

25  regional caseload decline.  However, this adjustment is

26  limited to no more than the adjustment produced by the

27  calculation used to generate federal adjustments to the

28  participation requirement due to caseload decline.

29         (2)  WORK ACTIVITY REQUIREMENTS.--Each individual adult

30  participant who is not otherwise exempt must participate in a

31  work activity, except for community service work experience,


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  1  for the maximum number of hours allowable under federal law,

  2  provided that no participant be required to work more than 40

  3  hours per week or less than the minimum number of hours

  4  required by federal law. The maximum number of hours each

  5  month that a participant may be required to participate in

  6  community service activities is the greater of:  the number of

  7  hours that would result from dividing the family's monthly

  8  amount for temporary cash assistance and food stamps by the

  9  federal minimum wage and then dividing that result by the

10  number of participants in the family who participate in

11  community service activities; or the minimum required to meet

12  federal participation requirements. However, in no case shall

13  the maximum hours required per week for community work

14  experience exceed 40 hours. An applicant shall be referred for

15  employment at the time of application if the applicant is

16  eligible to participate in the WAGES Program.

17         (a)  A participant in a work activity may also be

18  required to enroll in and attend a course of instruction

19  designed to increase literacy skills to a level necessary for

20  obtaining or retaining employment, provided that the

21  instruction plus the work activity does not require more than

22  40 hours per week.

23         (b)  WAGES Program funds may be used, as available, to

24  support the efforts of a participant who meets the work

25  activity requirements and who wishes to enroll in or continue

26  enrollment in an adult general education program or a career

27  education program.

28         (4)  PENALTIES FOR NONPARTICIPATION IN WORK

29  REQUIREMENTS AND FAILURE TO COMPLY WITH ALTERNATIVE

30  REQUIREMENT PLANS.--The department and the Department of Labor

31  and Employment Security shall establish procedures for


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  1  administering penalties for nonparticipation in work

  2  requirements and failure to comply with the alternative

  3  requirement plan. If an individual in a family receiving

  4  temporary cash assistance fails to engage in work activities

  5  required in accordance with this section, the following

  6  penalties shall apply. Prior to the imposition of a sanction,

  7  the participant shall be notified orally or in writing that

  8  the participant is subject to sanction and that action will be

  9  taken to impose the sanction unless the participant complies

10  with the work activity requirements. The participant shall be

11  counseled as to the consequences of noncompliance and, if

12  appropriate, shall be referred for services that could assist

13  the participant to fully comply with program requirements. If

14  the participant has good cause for noncompliance or

15  demonstrates satisfactory compliance, the sanction shall not

16  be imposed. If the participant has subsequently obtained

17  employment, the participant shall be counseled regarding the

18  transitional benefits that may be available and provided

19  information about how to access such benefits. Notwithstanding

20  provisions of this section to the contrary, if the Federal

21  Government does not allow food stamps to be treated under

22  sanction as provided in this section, the department shall

23  attempt to secure a waiver that provides for procedures as

24  similar as possible to those provided in this section and

25  shall administer sanctions related to food stamps consistent

26  with federal regulations.:

27         (a)1.  First noncompliance:  temporary cash assistance

28  shall be terminated for the family until the individual who

29  failed to comply does so, and food stamp benefits shall not be

30  increased as a result of the loss of temporary cash

31  assistance.


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  1         2.(b)  Second noncompliance:  temporary cash assistance

  2  and food stamps shall be terminated for the family until the

  3  individual demonstrates compliance in the required work

  4  activity for a period of 30 days. Upon compliance, temporary

  5  cash assistance and food stamps shall be reinstated to the

  6  date of compliance.  Prior to the imposition of sanctions for

  7  a second noncompliance, the participant shall be interviewed

  8  to determine why full compliance has not been achieved.  The

  9  participant shall be counseled regarding compliance and, if

10  appropriate, shall be referred for services that could assist

11  the participant to fully comply with program requirements.

12         3.(c)  Third noncompliance:  temporary cash assistance

13  and food stamps shall be terminated for the family for 3

14  months. The individual shall be required to demonstrate

15  compliance in the work activity upon completion of the 3-month

16  penalty period, before reinstatement of temporary cash

17  assistance and food stamps.

18         (b)  If a participant receiving temporary cash

19  assistance who is otherwise exempted from noncompliance

20  penalties fails to comply with the alternative requirement

21  plan required in accordance with this section, the penalties

22  provided in paragraph (a) shall apply.

23

24  If a participant fully complies with work activity

25  requirements for at least 6 months, the participant shall be

26  reinstated as being in full compliance with program

27  requirements for purpose of sanctions imposed under this

28  section.

29         (7)  EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--Unless

30  otherwise provided, the situations listed in this subsection

31  shall constitute exceptions to the penalties for noncompliance


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  1  with participation requirements, except that these situations

  2  do not constitute exceptions to the applicable time limit for

  3  receipt of temporary cash assistance:

  4         (a)  Noncompliance related to child care.--Temporary

  5  cash assistance may not be terminated for refusal to

  6  participate in work activities if the individual is a single

  7  custodial parent caring for a child who has not attained 6

  8  years of age, and the adult proves to the department or to the

  9  Department of Labor and Employment Security an inability to

10  obtain needed child care for one or more of the following

11  reasons:

12         1.  Unavailability of appropriate child care within a

13  reasonable distance from the individual's home or worksite.

14         2.  Unavailability or unsuitability of informal child

15  care by a relative or under other arrangements.

16         3.  Unavailability of appropriate and affordable formal

17  child care arrangements.

18         (b)  Noncompliance related to domestic violence.--An

19  individual who is determined to be unable to comply with the

20  work requirements because such compliance would make it

21  probable that the individual would be unable to escape

22  domestic violence shall be exempt from work requirements

23  pursuant to s. 414.028(4)(g). However, the individual shall

24  comply with a plan that specifies alternative requirements

25  that prepare the individual for self-sufficiency while

26  providing for the safety of the individual and the

27  individual's dependents.  A participant who is determined to

28  be out of compliance with the alternative requirement plan

29  shall be subject to the penalties under subsection (4).  An

30  exception granted under this paragraph does not constitute an

31


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  1  exception to the time limitations on benefits specified under

  2  s. 414.105.

  3         (c)  Noncompliance related to treatment or remediation

  4  of past effects of domestic violence.--An individual who is

  5  determined to be unable to comply with the work requirements

  6  under this section due to mental or physical impairment

  7  related to past incidents of domestic violence may be exempt

  8  from work requirements for a specified period pursuant to s.

  9  414.028(4)(g), except that such individual shall comply with a

10  plan that specifies alternative requirements that prepare the

11  individual for self-sufficiency while providing for the safety

12  of the individual and the individual's dependents.  A

13  participant who is determined to be out of compliance with the

14  alternative requirement plan shall be subject to the penalties

15  under subsection (4). The plan must include counseling or a

16  course of treatment necessary for the individual to resume

17  participation. The need for treatment and the expected

18  duration of such treatment must be verified by a physician

19  licensed under chapter 458 or chapter 459; a psychologist

20  licensed under s. 490.005(1), s. 490.006, or the provision

21  identified as s. 490.013(2) in s. 1, chapter 81-235, Laws of

22  Florida; a therapist as defined in s. 491.003(2) or (6); or a

23  treatment professional who is registered under s.

24  415.605(1)(g), is authorized to maintain confidentiality under

25  s. 90.5036(1)(d), and has a minimum of 2 years experience at a

26  certified domestic violence center. An exception granted under

27  this paragraph does not constitute an exception from the time

28  limitations on benefits specified under s. 414.105.

29         (d)  Noncompliance related to medical incapacity.--If

30  an individual cannot participate in assigned work activities

31  due to a medical incapacity, the individual may be excepted


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  1  from the activity for a specific period, except that the

  2  individual shall be required to comply with the course of

  3  treatment necessary for the individual to resume

  4  participation. A participant may not be excused from work

  5  activity requirements unless the participant's medical

  6  incapacity is verified by a physician licensed under chapter

  7  458 or chapter 459, in accordance with procedures established

  8  by rule of the department of Labor and Employment Security. An

  9  individual for whom there is medical verification of

10  limitation to participate in work activities shall be assigned

11  to work activities consistent with such limitations.

12  Evaluation of an individual's ability to participate in work

13  activities or development of a plan for work activity

14  assignment may include vocational assessment or work

15  evaluation. The department or a local WAGES coalition may

16  require an individual to cooperate in medical or vocational

17  assessment necessary to evaluate the individual's ability to

18  participate in a work activity.

19         (e)  Noncompliance due to medical incapacity by

20  applicants for Supplemental Security Income (SSI).--An

21  individual subject to work activity requirements may be

22  exempted from those requirements if the individual provides

23  information verifying that he or she has filed an application

24  for SSI disability benefits and the decision is pending

25  development and evaluation under social security disability

26  law, rules, and regulations at the initial reconsideration,

27  administrative law judge, or Social Security Administration

28  Appeals Council levels.

29         (f)(e)  Other good cause exceptions for

30  noncompliance.--Individuals who are temporarily unable to

31  participate due to circumstances beyond their control may be


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  1  excepted from the noncompliance penalties. The department of

  2  Labor and Employment Security may define by rule situations

  3  that would constitute good cause. These situations must

  4  include caring for a disabled family member when the need for

  5  the care has been verified and alternate care is not

  6  available.

  7         (9)  PRIORITIZATION OF WORK REQUIREMENTS.--The

  8  department and local WAGES coalitions Department of Labor and

  9  Employment Security shall require participation in work

10  activities to the maximum extent possible, subject to federal

11  and state funding. If funds are projected to be insufficient

12  to allow full-time work activities by all program participants

13  who are required to participate in work activities, local

14  WAGES coalitions the Department of Labor and Employment

15  Security shall screen participants and assign priority based

16  on the following:

17         (a)  In accordance with federal requirements, at least

18  one adult in each two-parent family shall be assigned priority

19  for full-time work activities.

20         (b)  Among single-parent families, a family that has

21  older preschool children or school-age children shall be

22  assigned priority for work activities.

23         (c)  A participant who has access to nonsubsidized

24  child care may be assigned priority for work activities.

25         (d)  Priority may be assigned based on the amount of

26  time remaining until the participant reaches the applicable

27  time limit for program participation or may be based on

28  requirements of a case plan.

29

30  Local WAGES coalitions The Department of Labor and Employment

31  Security may limit a participant's weekly work requirement to


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  1  the minimum required to meet federal work activity

  2  requirements in lieu of the level defined in subsection (2).

  3  The department and local WAGES coalitions the Department of

  4  Labor and Employment Security may develop screening and

  5  prioritization procedures within service districts or within

  6  counties based on the allocation of resources, the

  7  availability of community resources, or the work activity

  8  needs of the service district.

  9         (10)  USE OF CONTRACTS.--The department and local WAGES

10  coalitions Department of Labor and Employment Security shall

11  provide work activities, training, and other services, as

12  appropriate, through contracts. In contracting for work

13  activities, training, or services, the following applies:

14         (a)  All education and training provided under the

15  WAGES Program shall be provided through agreements with

16  regional workforce development boards.

17         (b)  A contract must be performance-based. Wherever

18  possible, payment shall be tied to performance outcomes that

19  include factors such as, but not limited to, job entry, job

20  entry at a target wage, and job retention, rather than tied to

21  completion of training or education or any other phase of the

22  program participation process.

23         (c)  A contract may include performance-based incentive

24  payments that may vary according to the extent to which the

25  participant is more difficult to place. Contract payments may

26  be weighted proportionally to reflect the extent to which the

27  participant has limitations associated with the long-term

28  receipt of welfare and difficulty in sustaining employment.

29  The factors may include the extent of prior receipt of

30  welfare, lack of employment experience, lack of education,

31


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  1  lack of job skills, and other factors determined appropriate

  2  by the department Department of Labor and Employment Security.

  3         (d)  Notwithstanding the exemption from the competitive

  4  sealed bid requirements provided in s. 287.057(3)(f) for

  5  certain contractual services, each contract awarded under this

  6  chapter must be awarded on the basis of a competitive sealed

  7  bid, except for a contract with a governmental entity as

  8  determined by the department or the Department of Labor and

  9  Employment Security.

10         (e)  The department and the local WAGES coalitions or

11  the Department of Labor and Employment Security may contract

12  with commercial, charitable, or religious organizations. A

13  contract must comply with federal requirements with respect to

14  nondiscrimination and other requirements that safeguard the

15  rights of participants. Services may be provided under

16  contract, certificate, voucher, or other form of disbursement.

17         (f)  The administrative costs associated with a

18  contract for services provided under this section may not

19  exceed the applicable administrative cost ceiling established

20  in federal law. An agency or entity that is awarded a contract

21  under this section may not charge more than 7 percent of the

22  value of the contract for administration, unless an exception

23  is approved by the local WAGES coalition. A list of any

24  exceptions approved must be submitted to the WAGES Program

25  State Board of Directors for review, and the board may rescind

26  approval of the exception. The WAGES Program State Board of

27  Directors may also approve exceptions for any statewide

28  contract for services provided under this section.

29         (g)  Local WAGES coalitions The Department of Labor and

30  Employment Security may enter into contracts to provide

31


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  1  short-term work experience for the chronically unemployed as

  2  provided in this section.

  3         (h)  A tax-exempt organization under s. 501(c) of the

  4  Internal Revenue Code of 1986 which receives funds under this

  5  chapter must disclose receipt of federal funds on any

  6  advertising, promotional, or other material in accordance with

  7  federal requirements.

  8         (11)  PROTECTIONS FOR PARTICIPANTS.--

  9         (a)  Each participant is subject to the same health,

10  safety, and nondiscrimination standards established under

11  federal, state, or local laws that otherwise apply to other

12  individuals engaged in similar activities who are not

13  participants in the WAGES Program.

14         (b)  The Department of Labor and Employment Security

15  shall recommend to the Legislature by December 30, 1997,

16  policies to protect participants from discrimination,

17  unreasonable risk, and unreasonable expectations related to

18  work experience and community service requirements.

19         (13)  CONTRACTS FOR VOCATIONAL ASSESSMENTS AND WORK

20  EVALUATIONS.--Vocational assessments or work evaluations by

21  the Division of Vocational Rehabilitation pursuant to this

22  section shall be performed under contract with the local WAGES

23  coalitions.

24         Section 11.  Section 414.0655, Florida Statutes, is

25  created to read:

26         414.0655  Medical incapacity due to substance abuse or

27  mental health impairment.--

28         (1)  Notwithstanding the provisions of s. 414.065 to

29  the contrary, any participant who requires out-of-home

30  residential treatment for alcoholism, drug addiction, alcohol

31  abuse, or a mental health disorder, as certified by a


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  1  physician licensed under chapter 458 or chapter 459, shall be

  2  exempted from work activities while participating in

  3  treatment. The participant shall be required to comply with

  4  the course of treatment necessary for the individual to resume

  5  work activity participation. The treatment agency shall be

  6  required to notify the department with an initial estimate of

  7  when the participant will have completed the course of

  8  treatment and be ready to resume full participation in the

  9  WAGES program. If the treatment will take longer than 60 days,

10  the treatment agency shall provide to the department the

11  conditions justifying extended treatment and the department

12  and the treatment agency shall negotiate a continued stay in

13  treatment not to exceed an additional 90 days.

14         (2)  Notwithstanding any provision of s.

15  414.095(2)(a)4. or 5. to the contrary, a participant who is

16  absent from the home due to out-of-home residential treatment

17  for not more than 150 days shall continue to be a member of

18  the assistance group whether or not the child or children for

19  whom the participant is the parent or caretaker relative are

20  living in the residential treatment center.

21         Section 12.  Subsection (2) of section 414.085, Florida

22  Statutes, is amended and subsection (4) is added to said

23  section, to read:

24         414.085  Income eligibility standards.--For purposes of

25  program simplification and effective program management,

26  certain income definitions, as outlined in the food stamp

27  regulations at 7 C.F.R. s. 273.9, shall be applied to the

28  WAGES Program as determined by the department to be consistent

29  with federal law regarding temporary cash assistance and

30  Medicaid for needy families, except as to the following:

31


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  1         (2)  Income security payments, including payments

  2  funded under part B of Title IV of the Social Security Act, as

  3  amended; supplemental security income under Title XVI of the

  4  Social Security Act, as amended; or other income security

  5  payments as defined by federal law shall be excluded included

  6  as income unless to the extent required to be included or

  7  permitted by federal law.

  8         (4)  An incentive payment to a participant authorized

  9  by a local WAGES coalition shall not be considered income.

10         Section 13.  Paragraphs (b) and (c) of subsection (15)

11  of section 414.095, Florida Statutes, 1998 Supplement, are

12  amended, subsections (16), (17), and (18) are renumbered as

13  subsections (17), (18), and (19), respectively, and a new

14  subsection (16) is added to said section, to read:

15         414.095  Determining eligibility for the WAGES

16  Program.--

17         (15)  PROHIBITIONS AND RESTRICTIONS.--

18         (b)  Temporary cash assistance, without shelter

19  expense, may be available for a teen parent who is a minor

20  child less than 19 years of age and for the child. Temporary

21  cash assistance may not be paid directly to the teen parent

22  but must be paid, on behalf of the teen parent and child, to

23  an alternative payee who is designated by the department.  The

24  alternative payee may not use the temporary cash assistance

25  for any purpose other than paying for food, clothing, shelter,

26  and medical care for the teen parent and child and for other

27  necessities required to enable the teen parent to attend

28  school or a training program.  In order for the child of the

29  teen parent and the teen parent to be eligible for temporary

30  cash assistance, the teen parent must:

31


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  1         1.  Attend school or an approved alternative training

  2  program, unless the child is less than 12 weeks of age or the

  3  teen parent has completed high school; and

  4         2.  Reside with a parent, legal guardian, or other

  5  adult caretaker relative. The income and resources of the

  6  parent shall be included in calculating the temporary cash

  7  assistance available to the teen parent since the parent is

  8  responsible for providing support and care for the child

  9  living in the home.

10         3.  Attend parenting and family classes that provide a

11  curriculum specified by the department, the Department of

12  Labor and Employment Security, or the Department of Health, as

13  available.

14         (c)  The teen parent is not required to live with a

15  parent, legal guardian, or other adult caretaker relative if

16  the department determines that:

17         1.  The teen parent has suffered or might suffer harm

18  in the home of the parent, legal guardian, or adult caretaker

19  relative.

20         2.  The requirement is not in the best interest of the

21  teen parent or the child. If the department determines that it

22  is not in the best interest of the teen parent or child to

23  reside with a parent, legal guardian, or other adult caretaker

24  relative, the department shall provide or assist the teen

25  parent in finding a suitable home, a second-chance home, a

26  maternity home, or other appropriate adult-supervised

27  supportive living arrangement.  Such living arrangement may

28  include a shelter obligation in accordance with subsection

29  (11).

30

31


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  1  The department may not delay providing temporary cash

  2  assistance to the teen parent through the alternative payee

  3  designated by the department pending a determination as to

  4  where the teen parent should live and sufficient time for the

  5  move itself.  A teen parent determined to need placement that

  6  is unavailable shall continue to be eligible for temporary

  7  cash assistance so long as the teen parent cooperates with the

  8  department, the local WAGES coalition Department of Labor and

  9  Employment Security, and the Department of Health.  The teen

10  parent shall be provided with counseling to make the

11  transition from independence to supervised living and with a

12  choice of living arrangements.

13         (16)  TRANSITIONAL BENEFITS AND SERVICES.--The

14  department shall develop procedures to ensure that families

15  leaving the temporary cash assistance program receive

16  transitional benefits and services that will assist the family

17  in moving toward self-sufficiency. At a minimum, such

18  procedures must include, but are not limited to, the

19  following:

20         (a)  Each WAGES participant who is determined

21  ineligible for cash assistance for a reason other than a work

22  activity sanction shall be contacted by the case manager and

23  provided information about the availability of transitional

24  benefits and services. Such contact shall be attempted prior

25  to closure of the case management file.

26         (b)  Each WAGES participant who is determined

27  ineligible for cash assistance due to noncompliance with the

28  work activity requirements shall be contacted and provided

29  information in accordance with s. 414.065(4).

30         (c)  The department, in consultation with the WAGES

31  Program State Board of Directors, shall develop informational


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  1  material, including posters and brochures, to better inform

  2  families about the availability of transitional benefits and

  3  services.

  4         (d)  The department shall review federal requirements

  5  related to transitional Medicaid and shall, to the extent

  6  permitted by federal law, develop procedures to maximize the

  7  utilization of transitional Medicaid by families who leave the

  8  temporary cash assistance program.

  9         Section 14.  Subsections (2), (3), (10), and (12) of

10  section 414.105, Florida Statutes, 1998 Supplement, are

11  amended to read:

12         414.105  Time limitations of temporary cash

13  assistance.--Unless otherwise expressly provided in this

14  chapter, an applicant or current participant shall receive

15  temporary cash assistance for episodes of not more than 24

16  cumulative months in any consecutive 60-month period that

17  begins with the first month of participation and for not more

18  than a lifetime cumulative total of 48 months as an adult.

19         (2)  A participant who is not exempt from work activity

20  requirements may earn 1 month of eligibility for extended

21  temporary cash assistance, up to maximum of 12 additional

22  months, for each month in which the participant is fully

23  complying with the work activities of the WAGES Program

24  through subsidized or unsubsidized public or private sector

25  employment. The period for which extended temporary cash

26  assistance is granted shall be based upon compliance with

27  WAGES Program requirements beginning October 1, 1996. A

28  participant may not receive temporary cash assistance under

29  this subsection, in combination with other periods of

30  temporary cash assistance for longer than a lifetime limit of

31  48 months. Hardship exemptions to the time limitations of this


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  1  chapter shall be limited to 10 percent of participants in the

  2  first year of implementation of this chapter, 15 percent of

  3  participants in the second year of implementation of this

  4  chapter, and 20 percent of participants in all subsequent

  5  years, as determined by the department and approved by the

  6  WAGES Program State Board of Directors. Criteria for hardship

  7  exemptions include:

  8         (a)  Diligent participation in activities, combined

  9  with inability to obtain employment.

10         (b)  Diligent participation in activities, combined

11  with extraordinary barriers to employment, including the

12  conditions which may result in an exemption to work

13  requirements.

14         (c)  Significant barriers to employment, combined with

15  a need for additional time.

16         (d)  Diligent participation in activities and a need by

17  teen parents for an exemption in order to have 24 months of

18  eligibility beyond receipt of the high school diploma or

19  equivalent.

20         (e)  A recommendation of extension for a minor child of

21  a participating family that has reached the end of the

22  eligibility period for temporary cash assistance. The

23  recommendation must be the result of a review which determines

24  that the termination of the child's temporary cash assistance

25  would be likely to result in the child being placed into

26  emergency shelter or foster care. Temporary cash assistance

27  shall be provided through a protective payee. Staff of the

28  Children and Families Program Office of the department shall

29  conduct all assessments in each case in which it appears a

30  child may require continuation of temporary cash assistance

31  through a protective payee.


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  1

  2  At the recommendation of the local WAGES coalition, temporary

  3  cash assistance under a hardship exemption for a participant

  4  who is eligible for work activities and who is not working

  5  shall be reduced by 10 percent. Upon the employment of the

  6  participant, full benefits shall be restored.

  7         (3)  In addition to the exemptions listed in subsection

  8  (2), a victim of domestic violence may be granted a hardship

  9  exemption if the effects of such domestic violence delay or

10  otherwise interrupt or adversely affect the individual's

11  participation in the program.  Hardship exemptions granted

12  under this subsection shall not be subject to the percentage

13  limitations in subsection (2) (3).

14         (10)  An individual who receives benefits under the

15  Supplemental Security Income program or the Social Security

16  Disability Insurance program is not subject to time

17  limitations. An individual who has applied for supplemental

18  security income (SSI), but has not yet received a

19  determination must be granted an extension of time limits

20  until the individual receives a final determination on the SSI

21  application. Determination shall be considered final once all

22  appeals have been exhausted, benefits have been received, or

23  denial has been accepted without any appeal. Such individual

24  must continue to meet all program requirements assigned to the

25  participant based on medical ability to comply. Extensions of

26  time limits shall be within the recipient's 48-month lifetime

27  limit. Hardship exemptions granted under this subsection shall

28  not be subject to the percentage limitations in subsection

29  (2).

30         (12)  A member of the WAGES Program staff shall

31  interview and assess the employment prospects and barriers of


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  1  each participant who is within 6 months of reaching the

  2  24-month time limit.  The staff member shall assist the

  3  participant in identifying actions necessary to become

  4  employed prior to reaching the benefit time limit for

  5  temporary cash assistance and, if appropriate, shall refer the

  6  participant for services that could facilitate employment.

  7         Section 15.  Section 414.1525, Florida Statutes, is

  8  created to read:

  9         414.1525  WAGES early exit diversion program.--An

10  individual who meets the criteria listed in this section may

11  choose to receive a lump-sum payment in lieu of ongoing cash

12  assistance payments, provided the individual:

13         (1)  Is employed and is receiving earnings, and would

14  be eligible to receive cash assistance in an amount less than

15  $100 per month given the WAGES earnings disregard.

16         (2)  Has received cash assistance for at least 3

17  consecutive months.

18         (3)  Expects to remain employed for at least 6 months.

19         (4)  Chooses to receive a one-time lump-sum payment in

20  lieu of ongoing monthly payments.

21         (5)  Provides employment and earnings information to

22  the department, so that the department can ensure that the

23  family's eligibility for transitional benefits can be

24  evaluated.

25         (6)  Signs an agreement not to apply for or accept cash

26  assistance for 6 months after receipt of the one-time payment.

27  In the event of an emergency, such agreement shall provide for

28  an exception to this restriction, provided that the one-time

29  payment shall be deducted from any cash assistance for which

30  the family subsequently is approved. This deduction may be

31  prorated over an 8 month period.  The department shall adopt


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  1  rules defining the conditions under which a family may receive

  2  cash assistance due to such emergency.

  3

  4  Such individual may choose to accept a one-time lump-sum

  5  payment of $1,000 in lieu of receiving ongoing cash

  6  assistance. Such payment shall only count toward the time

  7  limitation for the month in which the payment is made in lieu

  8  of cash assistance. A participant choosing to accept such

  9  payment shall be terminated from cash assistance.  However,

10  eligibility for Medicaid, food stamps, or child care shall

11  continue, subject to the eligibility requirements of those

12  programs.

13         Section 16.  Subsections (2), (3), (4), and (5) of

14  section 414.155, Florida Statutes, 1998 Supplement, are

15  amended to read:

16         414.155  Relocation assistance program.--

17         (2)  The relocation assistance program shall involve

18  five steps by the Department of Children and Family Services

19  or a local WAGES coalition the Department of Labor and

20  Employment Security:

21         (a)  A determination that the family is a WAGES Program

22  participant or that all requirements of eligibility for the

23  WAGES Program would likely be met.

24         (b)  A determination that there is a basis for

25  believing that relocation will contribute to the ability of

26  the applicant to achieve self-sufficiency. For example, the

27  applicant:

28         1.  Is unlikely to achieve independence at the current

29  community of residence;

30         2.  Has secured a job that requires relocation to

31  another community;


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  1         3.  Has a family support network in another community;

  2  or

  3         4.  Is determined, pursuant to criteria or procedures

  4  established by the WAGES Program State Board of Directors, to

  5  be a victim of domestic violence who would experience reduced

  6  probability of further incidents through relocation.

  7         (c)  Establishment of a relocation plan which includes,

  8  including a budget and such requirements as are necessary to

  9  prevent abuse of the benefit and to provide an assurance that

10  the applicant will relocate. The plan may require that

11  expenditures be made on behalf of the recipient.  However, the

12  plan must include provisions to protect the safety of victims

13  of domestic violence and avoid provisions that place them in

14  anticipated danger.  The payment to defray relocation expenses

15  shall be determined based on a rule approved by the WAGES

16  Program State Board of Directors and adopted by the

17  department. Participants in the relocation program shall be

18  eligible for transitional benefits limited to an amount not to

19  exceed 4 months' temporary cash assistance, based on family

20  size.

21         (d)  A determination, pursuant to criteria adopted by

22  the WAGES Program State Board of Directors, that a Florida

23  community receiving a relocated family has the capacity to

24  provide needed services and employment opportunities.

25         (e)  Monitoring the relocation.

26         (3)  A family receiving relocation assistance for

27  reasons other than domestic violence must sign an agreement

28  restricting the family from applying for temporary cash

29  assistance for a period specified in a rule approved by the

30  WAGES Program State Board of Directors and adopted by the

31  department 6 months, unless an emergency is demonstrated to


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  1  the department.  If a demonstrated emergency forces the family

  2  to reapply for temporary cash assistance within such period, 6

  3  months after receiving a relocation assistance payment,

  4  repayment must be made on a prorated basis over an 8-month

  5  period and subtracted from any regular payment of temporary

  6  cash assistance for which the applicant may be eligible, as

  7  specified in a rule approved by the WAGES Program State Board

  8  of Directors and adopted by the department.

  9         (4)  The department Department of Labor and Employment

10  Security shall have authority to adopt rules pursuant to the

11  Administrative Procedure Act to determine that a community has

12  the capacity to provide services and employment opportunities

13  for a relocated family.

14         (5)  The department Department of Children and Family

15  Services shall have authority to adopt rules pursuant to the

16  Administrative Procedure Act to develop and implement

17  relocation plans and to draft an agreement restricting a

18  family from applying for temporary cash assistance for a

19  specified period within 6 months after receiving a relocation

20  assistance payment.

21         Section 17.  Section 414.157, Florida Statutes, is

22  created to read:

23         414.157  Diversion program for victims of domestic

24  violence.--

25         (1)  The diversion program for victims of domestic

26  violence is intended to provide services and one-time payments

27  to assist victims of domestic violence and their children in

28  making the transition to independence.

29         (2)  Before finding an applicant family eligible for

30  the diversion program created under this section, a

31  determination must be made that:


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  1         (a)  The applicant family includes a pregnant woman or

  2  a parent with one or more minor children or a caretaker

  3  relative with one or more minor children.

  4         (b)  The services or one-time payment provided are not

  5  considered assistance under federal law or guidelines.

  6         (3)  Notwithstanding any provision to the contrary in

  7  ss. 414.075, 414.085, and 414.095, a family meeting the

  8  criteria of subsection (2) who is determined by the domestic

  9  violence program to be in need of services or one-time payment

10  due to domestic violence shall be considered a needy family

11  and shall be deemed eligible under this section for services

12  through a certified domestic violence shelter.

13         (4)  One-time payments provided under this section

14  shall not exceed an amount recommended by the WAGES Program

15  State Board of Directors and adopted by the department in

16  rule.

17         (5)  Receipt of services or a one-time payment under

18  this section shall not preclude eligibility for, or receipt

19  of, other assistance or services under this chapter.

20         Section 18.  Section 414.158, Florida Statutes, is

21  created to read:

22         414.158  Diversion program to strengthen Florida's

23  families.--

24         (1)  The diversion program to strengthen Florida's

25  families is intended to provide services and one-time payments

26  to assist families in avoiding welfare dependency and to

27  strengthen families so that children can be cared for in their

28  own homes or in the homes of relatives and so that families

29  can be self-sufficient.

30

31


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  1         (2)  Before finding a family eligible for the diversion

  2  program created under this section, a determination must be

  3  made that:

  4         (a)  The family includes a pregnant woman or a parent

  5  with one or more minor children or a caretaker relative with

  6  one or more minor children.

  7         (b)  The family meets the criteria of a voluntary

  8  assessment performed by Healthy Families Florida; the family

  9  meets the criteria established by the department for

10  determining that one or more children in the family are at

11  risk of abuse, neglect, or threatened harm; or the family is

12  homeless or living in a facility that provides shelter to

13  homeless families.

14         (c)  The services or one-time payment provided are not

15  considered assistance under federal law or guidelines.

16         (3)  Notwithstanding any provision to the contrary in

17  s. 414.075, s. 414.085, or s. 414.095, a family meeting the

18  requirements of subsection (2) shall be considered a needy

19  family and shall be deemed eligible under this section.

20         (4)  The department, in consultation with Healthy

21  Families Florida, may establish additional requirements

22  related to services or one-time payments, and the department

23  is authorized to adopt rules relating to maximum amounts of

24  such one-time payments.

25         (5)  Receipt of services or a one-time payment under

26  this section shall not preclude eligibility for, or receipt

27  of, other assistance or services under this chapter.

28         Section 19.  Section 414.1585, Florida Statutes, is

29  created to read:

30         414.1585  Diversion program for families at risk of

31  welfare dependency due to substance abuse or mental illness.


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  1         (1)  The diversion program for families at risk of

  2  welfare dependency due to substance abuse or mental illness is

  3  intended to provide services and one-time payments to assist

  4  families in avoiding welfare dependency and to stabilize

  5  families, so that children can be cared for in their own homes

  6  or in the homes of relatives and so that families can be

  7  self-sufficient.

  8         (2)  Before finding a family eligible for the diversion

  9  program created under this section, a determination must be

10  made that:

11         (a)  The family includes a pregnant woman or a parent

12  with one or more minor children or a caretaker relative with

13  one or more minor children.

14         (b)  The family meets criteria established by the

15  department that one or more individuals in the family are at

16  risk of or are impaired due to substance abuse or mental

17  illness.

18         (c)  The services or one-time payment provided are not

19  considered assistance under federal law or guidelines.

20         (3)  Notwithstanding any provision to the contrary in

21  s. 414.075, s. 414.085, or s. 414.095, a family meeting the

22  criteria of subsection (2) shall a be considered a needy

23  family and shall be deemed eligible under this section.

24         (4)  The department is authorized to adopt rules

25  governing the administration of this section and may establish

26  additional criteria related to services, client need, or

27  one-time payments. The department may establish maximum

28  amounts of one-time payments in rule.

29         (5)  Receipt of services or a one-time payment under

30  this section shall not preclude eligibility for, or receipt

31  of, other assistance or services under this chapter.


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  1         Section 20.  Section 414.159, Florida Statutes, is

  2  created to read:

  3         414.159  Teen parent and pregnancy prevention diversion

  4  program; eligibility for services.--The Legislature recognizes

  5  that teen pregnancy is a major cause of dependency on

  6  government assistance that often extends through more than one

  7  generation. The purpose of the teen parent and pregnancy

  8  prevention diversion program is to provide services to reduce

  9  and avoid welfare dependency by reducing teen pregnancy,

10  reducing the incidence of multiple pregnancies to teens, and

11  by assisting teens in completing educational programs.

12         (1)  Notwithstanding any provision to the contrary in

13  ss. 414.075, 414.085, and 414.095, a teen who is determined to

14  be at-risk of teen pregnancy or who already has a child shall

15  be deemed eligible to receive services under this program.

16         (2)  Services provided under this program shall be

17  limited to services that are not considered assistance under

18  federal law or guidelines.

19         (3)  Receipt of services under this section shall not

20  preclude eligibility for, or receipt of, other assistance or

21  services under this chapter.

22         Section 21.  Section 414.1599, Florida Statutes, is

23  created to read:

24         414.1599  Diversion programs; determination of

25  need.--If federal regulations require a determination of needy

26  families or needy parents to be based on financial criteria,

27  such as income or resources, for individuals or families who

28  are receiving services, one-time payments, or nonrecurring

29  short-term benefits, the department shall adopt rules to

30  define such criteria. In such rules, the department shall use

31  the income level established for Temporary Assistance for


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  1  Needy Families funds which are transferred for use under Title

  2  XX of the Social Security Act. If federal regulations do not

  3  require a financial determination for receipt of such

  4  benefits, payments, or services, the criteria otherwise

  5  established in this chapter shall be used.

  6         Section 22.  Section 414.18, Florida Statutes, is

  7  created to read:

  8         414.18  Program for dependent care for families with

  9  children with special needs.--

10         (1)  There is created the program for dependent care

11  for families with children with special needs.  This program

12  is intended to provide assistance to families with children

13  who meet the following requirements:

14         (a)  The child or children are between the ages of 13

15  and 17 years, inclusive.

16         (b)  The child or children are considered to be

17  children with special needs as defined by the subsidized child

18  care program authorized under s. 402.3015.

19         (c)  The family meets the income guidelines established

20  under s. 402.3015. Financial eligibility for this program

21  shall be based solely on the guidelines used for subsidized

22  child care, notwithstanding any financial eligibility criteria

23  to the contrary in s. 414.075, s. 414.085, or s. 414.095.

24         (2)  Implementation of this program shall be subject to

25  appropriation of funds for this purpose.

26         (3)  If federal funds under the Temporary Assistance

27  for Needy Families block grant provided under Title IV-A of

28  the Social Security Act, as amended, are used for this

29  program, the family must be informed about the federal

30  requirements on receipt of such assistance and must sign a

31


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  1  written statement acknowledging, and agreeing to comply with,

  2  all federal requirements.

  3         (4)  In addition to child care services provided under

  4  s. 402.3015, dependent care may be provided for children age

  5  13 years and older who are in need of care due to disability

  6  and where such care is needed for the parent to accept or

  7  continue employment or otherwise participate in work

  8  activities. The amount of subsidy shall be consistent with the

  9  rates for special needs child care established by the

10  department. Dependent care needed for employment may be

11  provided as transitional services for up to 2 years after

12  eligibility for WAGES assistance ends.

13         (5)  Notwithstanding any provision of s. 414.105 to the

14  contrary, the time limitation on receipt of assistance under

15  this section shall be the limit established pursuant to s.

16  408(a)(7) of the Social Security Act, as amended, 42 U.S.C. s.

17  608(a)(7).

18         Section 23.  Section 414.20, Florida Statutes, 1998

19  Supplement, is amended to read:

20         414.20  Other support services.--Support services shall

21  be provided, if resources permit, to assist participants in

22  complying with work activity requirements outlined in s.

23  414.065. If resources do not permit the provision of needed

24  support services, the department and the local WAGES coalition

25  Department of Labor and Employment Security may prioritize or

26  otherwise limit provision of support services. This section

27  does not constitute an entitlement to support services. Lack

28  of provision of support services may be considered as a factor

29  in determining whether good cause exists for failing to comply

30  with work activity requirements but does not automatically

31  constitute good cause for failing to comply with work activity


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  1  requirements, and does not affect any applicable time limit on

  2  the receipt of temporary cash assistance or the provision of

  3  services under this chapter. Support services shall include,

  4  but need not be limited to:

  5         (1)  TRANSPORTATION.--Transportation expenses may be

  6  provided to any participant when the assistance is needed to

  7  comply with work activity requirements or employment

  8  requirements, including transportation to and from a child

  9  care provider. Payment may be made in cash or tokens in

10  advance or through reimbursement paid against receipts or

11  invoices. Transportation services may include, but are not

12  limited to, cooperative arrangements with the following:

13  public transit providers; community transportation

14  coordinators designated under chapter 427; school districts;

15  churches and community centers; donated motor vehicle

16  programs, van pools, and ridesharing programs; small

17  enterprise developments and entrepreneurial programs that

18  encourage WAGES participants to become transportation

19  providers; public and private transportation partnerships; and

20  other innovative strategies to expand transportation options

21  available to program participants.

22         (a)  Local WAGES coalitions are authorized to provide

23  payment for vehicle operational and repair expenses, including

24  repair expenditures necessary to make a vehicle functional;

25  vehicle registration fees; driver's license fees; and

26  liability insurance for the vehicle for a period of up to 6

27  months. Request for vehicle repairs must be accompanied by an

28  estimate of the cost prepared by a repair facility registered

29  under s. 559.904.

30         (b)  Transportation disadvantaged funds as defined in

31  chapter 427 do not include WAGES support services funds or


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  1  funds appropriated to assist persons eligible under the Job

  2  Training Partnership Act.  It is the intent of the Legislature

  3  that local WAGES coalitions and regional workforce development

  4  boards consult with local community transportation

  5  coordinators designated under chapter 427 regarding the

  6  availability and cost of transportation services through the

  7  coordinated transportation system prior to contracting for

  8  comparable transportation services outside the coordinated

  9  system.

10         (2)  ANCILLARY EXPENSES.--Ancillary expenses such as

11  books, tools, clothing, fees, and costs necessary to comply

12  with work activity requirements or employment requirements may

13  be provided.

14         (3)  MEDICAL SERVICES.--A family that meets the

15  eligibility requirements for Medicaid shall receive medical

16  services under the Medicaid program.

17         (4)  PERSONAL AND FAMILY COUNSELING AND

18  THERAPY.--Counseling may be provided to participants who have

19  a personal or family problem or problems caused by substance

20  abuse that is a barrier to compliance with work activity

21  requirements or employment requirements. In providing these

22  services, the department and local WAGES coalitions the

23  Department of Labor and Employment Security shall use services

24  that are available in the community at no additional cost. If

25  these services are not available, the department and local

26  WAGES coalitions the Department of Labor and Employment

27  Security may use support services funds. Personal or family

28  counseling not available through Medicaid may not be

29  considered a medical service for purposes of the required

30  statewide implementation plan or use of federal funds.

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  1         Section 24.  Section 414.22, Florida Statutes, is

  2  amended to read:

  3         414.22  Transitional education and training.--In order

  4  to assist current and former participants who are working or

  5  actively seeking employment in continuing their training and

  6  upgrading their skills, education, or training, support

  7  services may be provided to a participant for up to 2 years

  8  after the participant is no longer eligible to participate in

  9  the program. This section does not constitute an entitlement

10  to transitional education and training. If funds are not

11  sufficient to provide services under this section, the WAGES

12  Program State Board of Directors Department of Labor and

13  Employment Security may limit or otherwise prioritize

14  transitional education and training.

15         (1)  Education or training resources available in the

16  community at no additional cost to the WAGES Program

17  Department of Labor and Employment Security shall be used

18  whenever possible.

19         (2)  The local WAGES coalitions Department of Labor and

20  Employment Security may authorize child care or other support

21  services in addition to services provided in conjunction with

22  employment. For example, a participant who is employed full

23  time may receive subsidized child care related to that

24  employment and may also receive additional subsidized child

25  care in conjunction with training to upgrade the participant's

26  skills.

27         (3)  Transitional education or training must be

28  job-related, but may include training to improve job skills in

29  a participant's existing area of employment or may include

30  training to prepare a participant for employment in another

31  occupation.


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  1         (4)  A local WAGES coalition The Department of Labor

  2  and Employment Security may enter into an agreement with an

  3  employer to share the costs relating to upgrading the skills

  4  of participants hired by the employer. For example, local

  5  WAGES coalitions the department may agree to provide support

  6  services such as transportation or a wage subsidy in

  7  conjunction with training opportunities provided by the

  8  employer.

  9         Section 25.  Section 414.223, Florida Statutes, is

10  created to read:

11         414.223  Retention Incentive Training Accounts.--To

12  promote job retention and to enable upward job advancement

13  into higher skilled, higher paying employment, the WAGES

14  Program State Board of Directors, Workforce Development Board,

15  regional workforce development boards, and local WAGES

16  coalitions may jointly assemble, from postsecondary education

17  institutions, a list of programs and courses for WAGES

18  participants who have become employed which promote job

19  retention and advancement.

20         (1)  The WAGES Program State Board of Directors and the

21  Workforce Development Board may jointly establish Retention

22  Incentive Training Accounts (RITAs). RITAs shall utilize

23  Temporary Assistance to Needy Families block grant funds

24  specifically appropriated for this purpose. RITAs must

25  complement the Individual Training Account required by the

26  federal Workforce Investment Act of 1998, Pub. L. No. 105-220.

27         (2)  RITAs may pay for tuition, fees, educational

28  materials, coaching and mentoring, performance incentives,

29  transportation to and from courses, child care costs during

30  education courses, and other such costs as the regional

31


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  1  workforce development boards determine are necessary to effect

  2  successful job retention and advancement.

  3         (3)  Regional workforce development boards shall retain

  4  only those courses that continue to meet their performance

  5  standards as established in their local plan.

  6         (4)  Regional workforce development boards shall report

  7  annually to the Legislature on the measurable retention and

  8  advancement success of each program provider and the

  9  effectiveness of RITAs, making recommendations for any needed

10  changes or modifications.

11         Section 26.  Section 414.225, Florida Statutes, 1998

12  Supplement, is amended to read:

13         414.225  Transitional transportation.--In order to

14  assist former WAGES participants in maintaining and sustaining

15  employment or educational opportunities, transportation may be

16  provided, if funds are available, for up to 1 year after the

17  participant is no longer eligible to participate in the

18  program due to earnings. This does not constitute an

19  entitlement to transitional transportation. If funds are not

20  sufficient to provide services under this section, the

21  department may limit or otherwise prioritize transportation

22  services.

23         (1)  Transitional transportation must be job or

24  education related.

25         (2)  Transitional transportation may include expenses

26  identified in s. 414.20, paid directly or by voucher, as well

27  as a vehicle valued at not more than $8,500 if the vehicle is

28  needed for training, employment, or educational purposes.

29         Section 27.  Section 414.23, Florida Statutes, is

30  amended to read:

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  1         414.23  Evaluation.--The department and the WAGES

  2  Program State Board of Directors Department of Labor and

  3  Employment Security shall arrange for evaluation of programs

  4  operated under this chapter, as follows:

  5         (1)  If required by federal waivers or other federal

  6  requirements, the department and the WAGES Program State Board

  7  of Directors Department of Labor and Employment Security may

  8  provide for evaluation according to these requirements.

  9         (2)  The department and the WAGES Program State Board

10  of Directors Department of Labor and Employment Security shall

11  participate in the evaluation of this program in conjunction

12  with evaluation of the state's workforce development programs

13  or similar activities aimed at evaluating program outcomes,

14  cost-effectiveness, or return on investment, and the impact of

15  time limits, sanctions, and other welfare reform measures set

16  out in this chapter. Evaluation shall also contain information

17  on the number of participants in work experience assignments

18  who obtain unsubsidized employment, including, but not limited

19  to, the length of time the unsubsidized job is retained,

20  wages, and the public benefits, if any, received by such

21  families while in unsubsidized employment.  The evaluation

22  shall solicit the input of consumers, community-based

23  organizations, service providers, employers, and the general

24  public, and shall publicize, especially in low-income

25  communities, the process for submitting comments.

26         (3)  The department and the WAGES Program State Board

27  of Directors Department of Labor and Employment Security may

28  share information with and develop protocols for information

29  exchange with the Florida Education and Training Placement

30  Information Program.

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  1         (4)  The department and the WAGES Program State Board

  2  of Directors Department of Labor and Employment Security may

  3  initiate or participate in additional evaluation or assessment

  4  activities that will further the systematic study of issues

  5  related to program goals and outcomes.

  6         (5)  In providing for evaluation activities, the

  7  department and the WAGES Program State Board of Directors

  8  Department of Labor and Employment Security shall safeguard

  9  the use or disclosure of information obtained from program

10  participants consistent with federal or state requirements.

11  The department and the WAGES Program State Board of Directors

12  Department of Labor and Employment Security may use evaluation

13  methodologies that are appropriate for evaluation of program

14  activities, including random assignment of recipients or

15  participants into program groups or control groups. To the

16  extent necessary or appropriate, evaluation data shall provide

17  information with respect to the state, district, or county, or

18  other substate area.

19         (6)  The department and the WAGES Program State Board

20  of Directors Department of Labor and Employment Security may

21  contract with a qualified organization for evaluations

22  conducted under this section.

23         (7)  Evaluations described in this section are exempt

24  from the provisions of s. 381.85.

25         Section 28.  Section 414.37, Florida Statutes, is

26  amended to read:

27         414.37  Public assistance overpayment recovery

28  privatization; reemployment of laid-off career service

29  employees.--Should career service employees of the Department

30  of Children and Family Services be subject to layoff after

31  July 1, 1995, due to the privatization of public assistance


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  1  overpayment recovery functions, the privatization contract

  2  shall require the contracting firm to give priority

  3  consideration to employment of such employees.  In addition, a

  4  task force composed of representatives from the Department of

  5  Children and Family Services, the Department of Labor and

  6  Employment Security, and the Department of Management Services

  7  shall be established to provide reemployment assistance to

  8  such employees.

  9         Section 29.  Section 414.44, Florida Statutes, is

10  amended to read:

11         414.44  Data collection and reporting.--The department

12  and the WAGES Program State Board of Directors Department of

13  Labor and Employment Security shall collect data necessary to

14  administer this chapter and make the reports required under

15  federal law to the United States Department of Health and

16  Human Services and the United States Department of

17  Agriculture.

18         Section 30.  Section 414.45, Florida Statutes, 1998

19  Supplement, is amended to read:

20         414.45  Rulemaking.--The department has authority to

21  adopt rules pursuant to ss. 120.536(1) and 120.54 to implement

22  and enforce the provisions of this chapter. The Department of

23  Labor and Employment Security may adopt rules pursuant to ss.

24  120.536(1) and 120.54, to implement and enforce the provisions

25  of this chapter. The rules must provide protection against

26  discrimination and the opportunity for a participant to

27  request a review by a supervisor or administrator of any

28  decision made by a panel or board of the department, the

29  Department of Labor and Employment Security, or the WAGES

30  Program.

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  1         Section 31.  Subsection (1), paragraph (b) of

  2  subsection (2), and paragraph (a) of subsection (3) of section

  3  414.70, Florida Statutes, 1998 Supplement, are amended to

  4  read:

  5         414.70  Drug-testing and drug-screening program;

  6  procedures.--

  7         (1)  DEMONSTRATION PROJECT.--The Department of Children

  8  and Family Services, in consultation with local WAGES

  9  coalitions 3 and 8, shall develop and, as soon as possible

10  after January 1, 1999, implement a demonstration project in

11  WAGES regions 3 and 8 to screen each applicant and test

12  applicants for temporary cash assistance provided under this

13  chapter, who the department has reasonable cause to believe,

14  based on the screening, engage in illegal use of controlled

15  substances. Unless reauthorized by the Legislature, this

16  demonstration project expires June 30, 2001. As used in this

17  act, the term "applicant" means an individual who first

18  applies for assistance or services under the WAGES Program.

19  Screening and testing for the illegal use of controlled

20  substances is not required if the individual reapplies during

21  any continuous period in which the individual receives

22  assistance or services. However, an individual may volunteer

23  for drug testing and treatment if funding is available.

24         (a)  Applicants subject to the requirements of this

25  section include any parent or caretaker relative who is

26  included in the cash assistance group, including individuals

27  who may be exempt from work activity requirements due to the

28  age of the youngest child or who may be excepted from work

29  activity requirements under s. 414.065(7).

30         (b)  Applicants not subject to the requirements of this

31  section include applicants for food stamps or Medicaid who are


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  1  not applying for cash assistance, applicants who, if eligible,

  2  would be exempt from the time limitation and work activity

  3  requirements due to receipt of social security disability

  4  income, and applicants who, if eligible, would be excluded

  5  from the assistance group due to receipt of supplemental

  6  security income.

  7         (2)  PROCEDURES.--Under the demonstration project, the

  8  Department of Children and Family Services shall:

  9         (b)  Develop a procedure for drug screening and

10  conducting drug testing of applicants for temporary assistance

11  or services under the WAGES Program.  For two-parent families,

12  both parents must comply with the drug screening and testing

13  requirements of this section.

14         (3)  CHILDREN.--

15         (a)  If a parent is deemed ineligible for cash

16  assistance due to refusal to comply with the provisions of

17  this section the failure of a drug test under this act, his or

18  her dependent child's eligibility for cash assistance is not

19  affected.  A parent who is ineligible for cash assistance due

20  to refusal or failure to comply with the provisions of this

21  section shall be subject to the work activity requirements of

22  s. 414.065, and shall be subject to the penalties under s.

23  414.065(4) upon failure to comply with such requirements.

24         Section 32.  Subsection (13) of section 239.249,

25  Florida Statutes, is amended to read:

26         239.249  Market-driven, performance-based incentive

27  funding for vocational and technical education programs.--

28         (13)  Payment for vocational and technical education

29  and training provided to WAGES Program participants shall be

30  in accordance with the payment structure established by the

31


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  1  WAGES Program State Board of Directors under s.

  2  414.027(1)(i)(g).

  3         Section 33.  Paragraph (m) is added to subsection (2)

  4  of section 250.10, Florida Statutes, 1998 Supplement, to read:

  5         250.10  Appointment and duties of the Adjutant

  6  General.--

  7         (2)  The Adjutant General of the state shall be the

  8  Chief of the Department of Military Affairs. He or she shall:

  9         (m)  Subject to annual appropriations, administer youth

10  About Face programs and adult Forward March programs at sites

11  to be selected by the Adjutant General.

12         1.  About Face shall establish a summer and a

13  year-round afterschool life-preparation program for

14  economically disadvantaged and at-risk youths from 13 through

15  17 years of age. Both programs must provide schoolwork

16  assistance, focusing on the skills needed to pass the high

17  school competency test, and also focus on functional life

18  skills, including teaching students to work effectively in

19  groups; providing basic instruction in computer skills;

20  teaching basic problem solving, decisionmaking, and reasoning

21  skills; teaching how the business world and free enterprise

22  work through computer simulations; and teaching home finance

23  and budgeting and other daily living skills. In the

24  afterschool program, students must train in academic study

25  skills, and the basic skills that businesses require for

26  employment consideration.

27         2.  The Adjutant General shall provide job-readiness

28  services in the Forward March program for WAGES Program

29  participants who are directed to Forward March by local WAGES

30  coalitions. The Forward March program shall provide training

31  on topics that directly relate to the skills required for


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  1  real-world success. The program shall emphasize functional

  2  life skills, computer literacy, interpersonal relationships,

  3  critical-thinking skills, business skills, preemployment and

  4  work maturity skills, job-search skills, exploring careers

  5  activities, how to be a successful and effective employee, and

  6  some job-specific skills. The program also shall provide

  7  extensive opportunities for participants to practice generic

  8  job skills in a supervised work setting. Upon completion of

  9  the program, Forward March shall return participants to the

10  local WAGES coalition for placement in a job placement pool.

11         Section 34.  Sections 414.29 and 414.43, Florida

12  Statutes, are repealed.

13         Section 35.  (1)  Notwithstanding the provisions of ss.

14  216.031, 216.0181, 216.251, and 216.262, Florida Statutes, to

15  the contrary and pursuant to the provisions of s. 216.351,

16  Florida Statutes, funds and authorized positions for the

17  operation of programs affected by this act may be transferred

18  by the Executive Office of the Governor between appropriation

19  categories, budget entities, and departments as necessary to

20  implement the act. The affected departments shall develop and

21  publish annual operating budgets that reflect any

22  reallocations. Any program, activity, or function transferred

23  under the provisions of this subsection shall be considered a

24  type two transfer under the provisions of s. 20.06, Florida

25  Statutes.

26         (2)  Notwithstanding the provisions of s. 216.181,

27  Florida Statutes, and pursuant to the provisions of s.

28  216.351, Florida Statutes, but subject to any requirements

29  imposed in the General Appropriations Act, the Comptroller,

30  upon the request of the Executive Office of the Governor,

31  shall transfer or reallocate funds to or among accounts


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  1  established for disbursement purposes as necessary to

  2  implement this act. The departments shall maintain records to

  3  account for the original appropriation and shall submit

  4  legislative budget requests which reflect the transfer of

  5  funds between expenditure categories which have been made in

  6  order to implement this act.

  7         (3)  This section shall take effect upon this act

  8  becoming a law.

  9         Section 36.  This act shall take effect upon becoming a

10  law.

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