SENATE AMENDMENT
    Bill No. HB 1741
    Amendment No. 1   Barcode 244456
                            CHAMBER ACTION
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11  The Committee on Appropriations recommended the following
12  amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (1) of section 414.045, Florida
19  Statutes, is amended to read:
20         414.045  Cash assistance program.--Cash assistance
21  families include any families receiving cash assistance
22  payments from the state program for temporary assistance for
23  needy families as defined in federal law, whether such funds
24  are from federal funds, state funds, or commingled federal and
25  state funds. Cash assistance families may also include
26  families receiving cash assistance through a program defined
27  as a separate state program.
28         (1)  For reporting purposes, families receiving cash
29  assistance shall be grouped into in the following categories.
30  The department may develop additional groupings in order to
31  comply with federal reporting requirements, to comply with the
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SENATE AMENDMENT Bill No. HB 1741 Amendment No. 1 Barcode 244456 1 data-reporting needs of the board of directors of Workforce 2 Florida, Inc., or to better inform the public of program 3 progress. Program reporting data shall include, but not 4 necessarily be limited to, the following groupings: 5 (a) Work-eligible cases.--Work-eligible cases shall 6 include: 7 1. Families containing an adult or a teen head of 8 household, as defined by federal law. These cases are 9 generally subject to the work activity requirements provided 10 in s. 445.024 and the time limitations on benefits provided in 11 s. 414.105. 12 2. Families with a parent where the parent's needs 13 have been removed from the case due to sanction or 14 disqualification shall be considered work-eligible cases to 15 the extent that such cases are considered in the calculation 16 of federal participation rates or would be counted in such 17 calculation in future months. 18 3. Families participating in transition assistance 19 programs. 20 4. Families otherwise eligible for temporary cash 21 assistance that receive diversion services, a severance 22 payment, or participate in the relocation program. 23 (b) Child-only cases.--Child-only cases include cases 24 that do not have an adult or teen head of household as defined 25 in federal law. Such cases include: 26 1. Child-only families with Children in the care of 27 caretaker relatives where the caretaker relatives choose to 28 have their needs excluded in the calculation of the amount of 29 cash assistance. 30 2. Families in the Relative Caregiver Program as 31 provided in s. 39.5085. 2 7:34 PM 04/27/01 h1741.ap.01
SENATE AMENDMENT Bill No. HB 1741 Amendment No. 1 Barcode 244456 1 3. Families in which the only parent in a 2 single-parent family or both parents in a two-parent family 3 receive supplemental security income (SSI) benefits under 4 Title XVI of the Social Security Act, as amended. To the 5 extent permitted by federal law, individuals receiving SSI 6 shall be excluded as household members in determining the 7 amount of cash assistance, and such cases shall not be 8 considered families containing an adult. Parents or caretaker 9 relatives who are excluded from the cash assistance group due 10 to receipt of SSI may choose to participate in work 11 activities. An individual who volunteers to participate in 12 work activity but whose ability to participate in work 13 activities is limited shall be assigned to work activities 14 consistent with such limitations. An individual who volunteers 15 to participate in a work activity may receive child care or 16 support services consistent with such participation. 17 4. Families where the only parent in a single-parent 18 family or both parents in a two-parent family are not eligible 19 for cash assistance due to immigration status or other 20 limitation requirements of federal law. To the extent required 21 by federal law, such cases shall not be considered families 22 containing an adult. 23 5. To the extent permitted by federal law and subject 24 to appropriations, special needs children who have been 25 adopted pursuant to s. 409.166 and whose adopting family 26 qualifies as a needy family under the state program for 27 temporary assistance for needy families. Notwithstanding any 28 provision to the contrary in s. 414.075, s. 414.085, or s. 29 414.095, a family shall be considered a needy family if: 30 a. The family is determined by the department to have 31 an income below 200 percent of the federal poverty level; 3 7:34 PM 04/27/01 h1741.ap.01
SENATE AMENDMENT Bill No. HB 1741 Amendment No. 1 Barcode 244456 1 b. The family meets the requirements of s. 414.095(2) 2 and (3) related to residence, citizenship, or eligible 3 noncitizen status; and 4 c. The family provides any information that may be 5 necessary to meet federal reporting requirements specified 6 under Part A of Title IV of the Social Security Act. 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 funds have been 15 provided in the General Appropriations Act permitted by 16 appropriation of funds. 17 Section 2. Section 409.1674, Florida Statutes, is 18 created to read: 19 409.1674 It is the intent of the Legislature to 20 improve services and local participation in community-based 21 care initiatives by fostering community support and providing 22 enhanced prevention and in-home services, thereby reducing the 23 risk otherwise faced by lead agencies. There is established a 24 community partnership matching grant program to be operated by 25 the Department of Children and Family Services for the purpose 26 of encouraging local participation in community-based care for 27 child welfare. Any children's services council or other local 28 government entity that makes a financial commitment to a 29 community-based care lead agency is eligible for a grant upon 30 proof that the children's services council or local government 31 entity has provided the selected lead agency at least $825,000 4 7:34 PM 04/27/01 h1741.ap.01
SENATE AMENDMENT Bill No. HB 1741 Amendment No. 1 Barcode 244456 1 in start-up funds, from any local resources otherwise 2 available to it. The total amount of local contribution may be 3 matched on a two-for-one basis up to a maximum amount of $2 4 million per council. Awarded matching grant funds may be used 5 for any prevention or in-home services provided by the 6 children's services council or other local government entity 7 that meets temporary-assistance-for-needy-families' 8 eligibility requirements and can be reasonably expected to 9 reduce the number of children entering the child welfare 10 system. To ensure necessary flexibility for the development, 11 start-up, and ongoing operation of community-based care 12 initiatives, the notice period required for any budget action 13 authorized by the provisions of s. 20.19(5)(b), is waived for 14 the family safety program; however, the Department of Children 15 and Family Services must provide copies of all such actions to 16 the Executive Office of the Governor and Legislature within 72 17 hours of their occurrence. Funding available for the matching 18 grant program is subject to legislative appropriation of 19 nonrecurring temporary-assistance-for-needy-families funds 20 provided for the purpose. This sections expires July 1, 2002. 21 Section 3. Subsection (1) of section 938.01, Florida 22 Statutes, is amended to read: 23 938.01 Additional Court Cost Clearing Trust Fund.-- 24 (1) All courts created by Art. V of the State 25 Constitution shall, in addition to any fine or other penalty, 26 assess $3 as a court cost against every person convicted for 27 violation of a state penal or criminal statute or convicted 28 for violation of a municipal or county ordinance. Any person 29 whose adjudication is withheld pursuant to the provisions of 30 s. 318.14(9) or (10) shall also be assessed such cost. In 31 addition, $3 from every bond estreature or forfeited bail bond 5 7:34 PM 04/27/01 h1741.ap.01
SENATE AMENDMENT Bill No. HB 1741 Amendment No. 1 Barcode 244456 1 related to such penal statutes or penal ordinances shall be 2 forwarded to the Treasurer as described in this subsection. 3 However, no such assessment may be made against any person 4 convicted for violation of any state statute, municipal 5 ordinance, or county ordinance relating to the parking of 6 vehicles. 7 (a) All such costs collected by the courts shall be 8 remitted to the Department of Revenue, in accordance with 9 administrative rules adopted by the executive director of the 10 Department of Revenue, for deposit in the Additional Court 11 Cost Clearing Trust Fund and shall be earmarked to the 12 Department of Law Enforcement and the Department of Community 13 Affairs for distribution as follows: 14 1. Two dollars and seventy-five cents of each $3 15 assessment shall be deposited in the Criminal Justice 16 Standards and Training Trust Fund, and the remaining 25 cents 17 of each such assessment shall be deposited into the Department 18 of Law Enforcement Operating Trust Fund and shall be disbursed 19 to the Bureau of Public Safety Management of the Department of 20 Law Enforcement Community Affairs. 21 2. Ninety-two percent of the money distributed to the 22 Additional Court Cost Clearing Trust Fund pursuant to s. 23 318.21 shall be earmarked to the Department of Law Enforcement 24 for deposit in the Criminal Justice Standards and Training 25 Trust Fund, and 8 percent of such money shall be deposited 26 into the Department of Law Enforcement Operating Trust Fund 27 and shall be disbursed to the Bureau of Public Safety 28 Management of the Department of Law Enforcement Community 29 Affairs. 30 (b) The funds deposited in the Criminal Justice 31 Standards and Training Trust Fund and the Department of Law 6 7:34 PM 04/27/01 h1741.ap.01
SENATE AMENDMENT Bill No. HB 1741 Amendment No. 1 Barcode 244456 1 Enforcement Operating Trust Fund may be invested. Any interest 2 earned from investing such funds and any unencumbered funds 3 remaining at the end of the budget cycle shall remain in the 4 respective trust fund until the following year. 5 (c) All funds in the Criminal Justice Standards and 6 Training Trust Fund earmarked to the Department of Law 7 Enforcement shall be disbursed only in compliance with s. 8 943.25(9). 9 Section 4. Subsection (1) of section 943.25, Florida 10 Statutes, is amended to read: 11 943.25 Criminal justice trust funds; source of funds; 12 use of funds.-- 13 (1) The Department of Law Enforcement Community 14 Affairs may approve, for disbursement from the Department of 15 Law Enforcement its Operating Trust Fund, those appropriated 16 sums necessary and required by the state for grant matching, 17 implementing, administering, evaluating, and qualifying for 18 such federal funds. Disbursements from the trust fund for the 19 purpose of supplanting state general revenue funds may not be 20 made without specific legislative appropriation. 21 Section 5. The criminal justice program of the 22 Department of Community Affairs is transferred to the 23 Department of Law Enforcement by a type two transfer, as 24 defined in section 20.06, Florida Statutes. The criminal 25 justice program so transferred is composed of the Byrne State 26 and Local Law Enforcement Assistance Program, local law 27 enforcement block grants, the Drug-Free Communities Program, 28 residential substance-abuse treatment of state prisoners, the 29 bulletproof vest program, the Guantanamo Bay Refugee and 30 Entrant Assistance Program, the national criminal history 31 improvement program, and the Violent Offender Incarceration 7 7:34 PM 04/27/01 h1741.ap.01
SENATE AMENDMENT Bill No. HB 1741 Amendment No. 1 Barcode 244456 1 and Truth-in-Sentencing Program. 2 Section 6. The Department of Law Enforcement may adopt 3 rules necessary for the operation of the criminal justice 4 program. 5 Section 7. (1) The Prevention of Domestic and Sexual 6 Violence Program is transferred from the Department of 7 Community Affairs to the Department of Children and Family 8 Services by a type two transfer, as defined in section 20.06, 9 Florida Statutes. The Domestic and Sexual Violence Program so 10 transferred is composed of the Governor's Task Force on 11 Domestic and Sexual Violence and the Violence Against Women 12 Program. 13 (2) From the funds deposited into the Department of 14 Law Enforcement Operating Trust Fund pursuant to section 15 938.01(1)(a)1. and 2., Florida Statutes, the Department of Law 16 Enforcement shall transfer funds to the Department of Children 17 and Family Services to be used as matching funds for the 18 administration of the Prevention of Domestic and Sexual 19 Violence Program transferred from the Department of Community 20 Affairs. The amount of the transfer for fiscal year 2001-2002 21 shall be determined by the Governor's Office of Planning and 22 Budgeting in consultation with the Department of Community 23 Affairs, the Department of Law Enforcement, and the Department 24 of Children and Family Services and shall be based on the 25 historic use of these funds and current needs of the 26 Prevention of Domestic and Sexual Violence Program. In 27 subsequent years, the transfer of funds shall be based on the 28 amount appropriated. 29 Section 8. This act shall take effect July 1, 2001. 30 31 8 7:34 PM 04/27/01 h1741.ap.01
SENATE AMENDMENT Bill No. HB 1741 Amendment No. 1 Barcode 244456 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 An act to be entitled 7 An act relating to children and family services 8 and to criminal justice programs; amending s. 9 414.045, F.S.; adding another category of 10 families eligible for cash assistance, for 11 federal reporting purposes; creating s. 12 409.1674, F.S.; providing legislative intent; 13 establishing the community partnership matching 14 grant program to be operated by the Department 15 of Children and Family Services to encourage 16 local participation in community-based care for 17 child welfare; providing conditions for 18 obtaining grants; providing that funding is 19 subject to legislative appropriation of 20 nonrecurring 21 temporary-assistance-for-needy-families funds; 22 amending ss. 938.01, 943.25, F.S.; providing 23 for deposit of certain court-cost proceeds into 24 the Department of Law Enforcement Operating 25 Trust Fund; prescribing authorized uses of 26 assets in such fund; transferring the criminal 27 justice program of the Department of Community 28 Affairs to the Department of Law Enforcement; 29 providing for the latter department to adopt 30 rules relating to the program; transferring the 31 Prevention of Domestic and Sexual Violence 9 7:34 PM 04/27/01 h1741.ap.01
SENATE AMENDMENT Bill No. HB 1741 Amendment No. 1 Barcode 244456 1 Program from the Department of Community 2 Affairs to the Department of Children and 3 Family Services; providing for funding the 4 program; providing an effective date. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 10 7:34 PM 04/27/01 h1741.ap.01