Senate Bill sb0350c1

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    Florida Senate - 2001                            CS for SB 350

    By the Committee on Children and Families; and Senators
    Dawson, Miller, Mitchell and Lawson




    300-1447-01

  1                      A bill to be entitled

  2         An act relating to individual development

  3         accounts; providing purposes; providing

  4         definitions; requiring the Department of

  5         Children and Family Services to amend the

  6         Temporary Assistance for Needy Families State

  7         Plan to provide for use of funds for individual

  8         development accounts; specifying criteria and

  9         requirements for contributions to such

10         accounts; specifying purposes for use of such

11         accounts; providing for procedures for

12         withdrawals from such accounts; specifying

13         certain organizations to act as fiduciary

14         organizations for certain purposes; providing

15         for controlling the withdrawal of funds for

16         uses other than qualified purposes; providing

17         for resolution of certain disputes; providing

18         for transfer of ownership of such accounts

19         under certain circumstances; providing for

20         establishment of such accounts by certain

21         financial institutions under certain

22         circumstances; providing requirements;

23         providing that account funds and matching funds

24         do not affect certain program eligibility;

25         providing an effective date.

26

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

28

29         Section 1.  (1)  The purpose of this act is to provide

30  for the establishment of individual development accounts that

31  can provide families having limited means an opportunity to

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    Florida Senate - 2001                            CS for SB 350
    300-1447-01




  1  accumulate assets and to facilitate and mobilize savings; to

  2  promote education, homeownership, and microenterprise

  3  development; and help to stabilize families and build

  4  communities.  This section implements the provisions of s.

  5  404(h) of the Social Security Act, as amended, 42 U.S.C. s.

  6  604(h), related to individual development accounts.  Nothing

  7  in this section is intended to conflict with the provisions of

  8  federal law.

  9         (2)  As used in this section, the term:

10         (a)  "Individual development account" means an account

11  established exclusively to pay the qualified expenses of an

12  eligible individual or family.  The account is funded through

13  periodic contributions by the establishing individual which

14  are matched by or through a qualified entity for a qualified

15  purpose.

16         (b)  "Qualified entity" means:

17         1.  A not-for-profit organization described in s.

18  501(c)(3) of the Internal Revenue Code of 1986, as amended,

19  and exempt from taxation under s. 501(a) of such code; or

20         2.  A state or local government agency acting in

21  cooperation with an organization described in subparagraph 1.

22  For purposes of this section, a regional workforce board is a

23  government agency.

24         (c)  "Financial institution" means a financial

25  institution as defined in section 655.005(1)(h), Florida

26  Statutes.

27         (d)  "Eligible educational institution" means:

28         1.  An institution described in s. 481(a)(1) or s.

29  1201(a) of the Higher Education Act of 1965, 20 U.S.C. s.

30  1088(a)(1) or s. 1141(a), as such sections are in effect on

31  the date of the enactment of the Personal Responsibility and

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    Florida Senate - 2001                            CS for SB 350
    300-1447-01




  1  Work Opportunity Reconciliation Act of 1996, Pub. L. No.

  2  104-193.

  3         2.  An area vocational education school, as defined in

  4  s. 521(4)(C) or (D) of the Carl D. Perkins Vocational and

  5  Applied Technology Education Act, 20 U.S.C. s. 2471(4), in

  6  this state, as such sections are in effect on the date of the

  7  enactment of the Personal Responsibility and Work Opportunity

  8  Reconciliation Act of 1996, Pub. L. No. 104-193.

  9         (e)  "Postsecondary educational expenses" means:

10         1.  Tuition and fees required for the enrollment or

11  attendance of a student at an eligible educational

12  institution.

13         2.  Fees, books, supplies, and equipment required for

14  courses of instruction at an eligible educational institution.

15         (f)  "Qualified acquisition costs" means the costs of

16  acquiring, constructing, or reconstructing a residence. The

17  term includes any usual or reasonable settlement, financing,

18  or other closing costs.

19         (g)  "Qualified business" means any business that does

20  not contravene any law or public policy.

21         (h)  "Qualified business capitalization expenses" means

22  qualified expenditures for the capitalization of a qualified

23  business pursuant to a qualified plan.

24         (i)  "Qualified expenditures" means expenditures

25  included in a qualified plan, including capital, plant,

26  equipment, working capital, and inventory expenses.

27         (j)1.  "Qualified first-time homebuyer" means a

28  taxpayer and, if married, the taxpayer's spouse, who has no

29  present ownership interest in a principal residence during the

30  3-year period ending on the date of acquisition of the

31  principal residence.

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    Florida Senate - 2001                            CS for SB 350
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  1         2.  "Date of acquisition" means the date on which a

  2  binding contract to acquire, construct, or reconstruct the

  3  principal residence is entered into.

  4         (k)  "Qualified plan" means a business plan or a plan

  5  to use a business asset purchased, which:

  6         1.  Is approved by a financial institution, a

  7  microenterprise development organization, or a nonprofit loan

  8  fund having demonstrated fiduciary integrity.

  9         2.  Includes a description of services or goods to be

10  sold, a marketing plan, and projected financial statements.

11         3.  May require the eligible individual to obtain the

12  assistance of an experienced entrepreneurial advisor.

13         (l)  "Qualified principal residence" means a principal

14  residence, within the meaning of s. 1034 of the Internal

15  Revenue Code of 1986, as amended, the qualified acquisition

16  costs of which do not exceed 100 percent of the average area

17  purchase price applicable to such residence, determined in

18  accordance with s. 143(e)(2) and (3) of that code.

19         (3)  The Department of Children and Family Services

20  shall amend the Temporary Assistance for Needy Families State

21  Plan which was submitted in accordance with s. 402 of the

22  Social Security Act, as amended, 42 U.S.C. s. 602, to provide

23  for the use of funds for individual development accounts in

24  accordance with this section.

25         (4)(a)  Any family subject to time limits and fully

26  complying with work requirements of the temporary cash

27  assistance program, pursuant to sections 414.045, 414.065,

28  414.095, 414.105, and 445.024, Florida Statutes, which enters

29  into an agreement with an approved fiduciary organization is

30  eligible to participate in an individual development account.

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    Florida Senate - 2001                            CS for SB 350
    300-1447-01




  1         (b)  Contributions to the individual development

  2  account by an individual may be derived only from earned

  3  income, as defined in s. 911(d)(2) of the Internal Revenue

  4  Code of 1986, as amended.

  5         (c)  The individual or family must enter into an

  6  individual development account agreement with a certified

  7  fiduciary organization as described in subsection (7). This

  8  account agreement shall include, but need not be limited to,

  9  the matching funds to be contributed to the account, limits on

10  the deposits for which the match will be provided, required

11  documentation necessary for payment of moneys in the account

12  to be made for a qualified purpose, and penalties for

13  withdrawal of funds not used for one or more of the qualified

14  purposes.

15         (d)  Eligible participants may receive matching funds

16  for contributions to the individual development account,

17  pursuant to the strategic plan for workforce development. When

18  not restricted to the contrary, matching funds may be paid

19  from state and federal funds under the control of the regional

20  workforce board, from local agencies, or from private

21  donations.

22         (e)  Eligible participants may receive bonus payments

23  for program compliance, to the extent provided in the

24  strategic plan for workforce development.  Such bonus payments

25  may provide for a matching proportion higher than that of

26  matching funds described in paragraph (d).

27         (5)  Individual development accounts may be available

28  for any of the following qualified purposes once the family no

29  longer receives cash assistance:

30

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    Florida Senate - 2001                            CS for SB 350
    300-1447-01




  1         (a)  Postsecondary educational expenses paid from an

  2  individual development account directly to an eligible

  3  educational institution;

  4         (b)  Qualified acquisition costs with respect to a

  5  qualified principal residence for a qualified first-time

  6  homebuyer, if paid from an individual development account

  7  directly to the persons to whom the amounts are due; or

  8         (c)  Amounts paid from an individual development

  9  account directly to a business capitalization account that is

10  established in a federally insured financial institution and

11  is restricted to use solely for qualified business

12  capitalization.

13         (6)  The Workforce Florida, Inc., shall establish

14  procedures for regional workforce boards to include in their

15  annual program and financial plan an application to offer an

16  individual development account program as part of their TANF

17  allocation. These procedures shall include, but need not be

18  limited to, administrative costs permitted for the fiduciary

19  organization and policies relative to identifying the match

20  ratio and limits on the deposits for which the match will be

21  provided in the application process. Workforce Florida, Inc.,

22  shall establish policies and procedures that are necessary to

23  ensure that funds held in an individual development account

24  are not withdrawn except for one or more of the qualified

25  purposes described in this section.

26         (7)  Fiduciary organizations shall be the regional

27  workforce board or other community-based organizations

28  designated by the regional workforce board to serve as

29  intermediaries between individual account holders and

30  financial institutions holding accounts. Responsibilities of

31  such fiduciary organizations may include marketing

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    Florida Senate - 2001                            CS for SB 350
    300-1447-01




  1  participation, soliciting matching contributions, counseling

  2  program participants, and conducting verification and

  3  compliance activities.

  4         (8)  Workforce Florida, Inc., shall establish

  5  procedures for controlling the withdrawal of funds for uses

  6  other than qualified purposes, including specifying conditions

  7  under which an account must be closed.

  8         (9)  A fiduciary organization shall establish a

  9  grievance committee and a procedure for hearing, reviewing,

10  and responding in writing to any grievance filed by a holder

11  of an individual development account who disputes a decision

12  of the operating organization that funds were withdrawn for

13  uses other than qualified purposes.

14         (10)  Upon an account holder's death, his or her

15  account may be transferred to the ownership of a contingent

16  beneficiary. An account holder shall name contingent

17  beneficiaries at the time the account is established and may

18  change such beneficiaries at any time.

19         (11)  Financial institutions approved by Workforce

20  Florida, Inc., may establish individual development accounts

21  pursuant to this section. A financial institution shall

22  certify the establishment of the individual development

23  accounts in accordance with the forms, documentation, and

24  requirements prescribed by Workforce Florida, Inc.

25         (12)  In accordance with s. 404(h)(4) of the Social

26  Security Act, as amended, 42 U.S.C. s. 604(h)(4), and

27  notwithstanding any other provision of law, other than the

28  Internal Revenue Code of 1986, as amended, funds in an

29  individual development account, including interest accruing in

30  such account, shall be disregarded in determining eligibility

31  for any federal or state program.

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    Florida Senate - 2001                            CS for SB 350
    300-1447-01




  1         Section 2.  This act shall take effect October 1, 2001.

  2

  3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  4                         Senate Bill 350

  5

  6  Revises references to the WAGES program and the local WAGES
    coalitions to reflect the current organizational and program
  7  structure.

  8  Provides for the process for the regional workforce boards to
    apply to Workforce Florida Inc. to offer an individual
  9  development account program for their community.  Minimum
    components to be included in this process are identified.
10
    Replaces the definition of "financial institution" with the
11  definition provided in statute.

12  Provides a definition of "qualified purposes."

13  Identifies minimum components of the account agreement between
    the individual and the fiduciary organization for the
14  individual development account.

15  Eliminates the requirement that the provisions for receipt of
    bonus payments be stipulated in the regional workforce board
16  plan.

17  Replaces the development of penalties for withdrawal of funds
    under false pretenses and arrangements for loss of matching
18  funds with development of procedures for controlling the
    withdrawal of funds for uses other than qualified purposes.
19  References to penalties in the bill are eliminated.

20  Replaces the delineated requirements of the financial
    institutions in establishing the individual development
21  accounts and in certifying the establishment of the accounts
    with the requirement that financial institutions are to
22  certify the establishment of the individual development
    accounts in accordance with requirements prescribed by
23  Workforce Florida Inc.

24  Eliminates references to depositing the matching funds into
    the participants' accounts.
25
    Eliminates from the definition of "Individual Development
26  Account" the stipulation that the account is a trust.

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