Senate Bill 2510er
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2 An act relating to rulemaking authority of the
3 Department of Children and Family Services
4 (RAB); amending s. 409.919, F.S.; requiring
5 that the department adopt rules to administer
6 provisions governing medical assistance;
7 creating s. 409.953, F.S.; requiring the
8 department to adopt rules to administer the
9 refugee assistance program; amending ss.
10 414.085, 414.095, F.S.; authorizing the
11 department to adopt rules for determining a
12 person's eligibility for the WAGES Program;
13 amending s. 414.13, F.S.; providing for rules
14 to allow exceptions to the requirements that a
15 child receive certain immunizations; amending
16 s. 414.15, F.S.; authorizing the department to
17 adopt rules for administering diversion
18 services; providing an effective date.
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20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Section 409.919, Florida Statutes, is
23 amended to read:
24 409.919 Rules.--The agency shall adopt any rules
25 necessary to comply with or administer ss. 409.901-409.920 and
26 all rules necessary to comply with federal requirements. In
27 addition, the Department of Children and Family Services shall
28 adopt and accept transfer of any rules that are necessary to
29 administer its responsibilities of receiving and processing
30 applications for Medicaid and determining Medicaid eligibility
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1 and for assuring compliance with and for administering ss.
2 409.901-409.906, as it relates to these responsibilities.
3 Section 2. Section 409.953, Florida Statutes, is
4 created to read:
5 409.953 Rulemaking authority.--The Department of
6 Children and Family Services shall adopt rules to administer
7 the eligibility requirements for the refugee assistance
8 program.
9 Section 3. Section 414.085, Florida Statutes, is
10 amended to read:
11 414.085 Income eligibility standards.--
12 (1) For purposes of program simplification and
13 effective program management, certain income definitions, as
14 outlined in the food stamp regulations at 7 C.F.R. s. 273.9,
15 shall be applied to the WAGES Program as determined by the
16 department to be consistent with federal law regarding
17 temporary cash assistance and Medicaid for needy families,
18 except as to the following:
19 (a)(1) Participation in the WAGES Program shall be
20 limited to those families whose gross family income is equal
21 to or less than 130 percent of the federal poverty level
22 established in s. 673(2) of the Community Services Block Grant
23 Act, 42 U.S.C. s. 9901(2).
24 (b)(2) Income security payments, including payments
25 funded under part B of Title IV of the Social Security Act, as
26 amended; supplemental security income under Title XVI of the
27 Social Security Act, as amended; or other income security
28 payments as defined by federal law shall be excluded as income
29 unless required to be included by federal law.
30 (c)(3) The first $50 of child support paid to a
31 custodial parent receiving temporary cash assistance may not
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1 be disregarded in calculating the amount of temporary cash
2 assistance for the family, unless such exclusion is required
3 by federal law.
4 (d)(4) An incentive payment to a participant
5 authorized by a local WAGES coalition shall not be considered
6 income.
7 (2) The department may adopt rules governing the
8 administration of this section and may establish requirements
9 for income inclusions, income exclusions, income deductions,
10 budgeting criteria, money management by participants, criteria
11 for eligibility verification, processing timeframes, and other
12 eligibility criteria necessary for the department to
13 administer this section.
14 Section 4. Subsection (13) of section 414.095, Florida
15 Statutes, is amended, and subsection (20) is added to that
16 section, to read:
17 414.095 Determining eligibility for the WAGES
18 Program.--
19 (13) CALCULATION OF LEVELS OF TEMPORARY CASH
20 ASSISTANCE.--
21 (a) Temporary cash assistance shall be calculated
22 based on average monthly gross family income, earned and
23 unearned, less any applicable disregards. The resulting
24 monthly net income amount shall be subtracted from the
25 applicable payment standard to determine the monthly amount of
26 temporary cash assistance.
27 (b) A deduction may not be allowed for child care
28 payments.
29 (c) The department may adopt rules governing the
30 administration of this subsection and may establish criteria
31 pertaining to types of budgeting, conversion factors,
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1 verification of income, treatment of self-employment income,
2 treatment of child-support income, and treatment of other
3 sources of income.
4 (20) RULES.--The department may adopt rules governing
5 the administration of this section and may establish criteria
6 regarding verification requirements and limitations on
7 eligibility.
8 Section 5. Section 414.13, Florida Statutes, is
9 amended to read:
10 414.13 Immunizations.--Each applicant who has a
11 preschool child must begin and complete appropriate childhood
12 immunizations for the child as a condition of eligibility. At
13 the time of application and redetermination of eligibility,
14 the department shall advise applicants and participants of the
15 availability of childhood immunizations through the county
16 health department. Each participant who has a preschool child
17 must verify compliance with the section. If a participant
18 fails to provide such verification, the child for whom such
19 verification is not provided shall be removed from
20 consideration for purposes of calculating the assistance
21 available to the family. If the child subject to this
22 requirement is the only child in the family, participation in
23 the program shall be terminated until verification of
24 compliance is provided. The department shall waive this
25 requirement if the failure to immunize the child is because of
26 religious reasons or other good cause, as defined in rules
27 adopted by the department.
28 Section 6. Subsection (7) is added to section 414.15,
29 Florida Statutes, to read:
30 414.15 Diversion.--
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1 (7) The department may adopt rules governing the
2 administration of this section and may establish guidelines
3 for screening criteria, referrals to community resources,
4 restrictions on receipt of up-front diversion and transitional
5 services, definitions of emergency services, verification
6 requirements, and processing timeframes.
7 Section 7. This act shall take effect upon becoming a
8 law.
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