Senate Bill sb0408e1
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1 A bill to be entitled
2 An act relating to economic eligibility
3 services; amending s. 409.2564, F.S.;
4 correcting a cross-reference; amending s.
5 414.095, F.S.; clarifying eligibility for
6 temporary cash assistance for teen parents;
7 deleting additional eligibility options
8 relating to families containing a stepparent;
9 correcting cross-references; amending s.
10 414.105, F.S.; aligning time limitations for
11 temporary cash assistance with federal
12 requirements; deleting provisions relating to
13 review panels; amending s. 414.32, F.S.;
14 deleting food stamp sanctions for persons who
15 are delinquent on child support payments;
16 amending s. 445.048, F.S.; correcting a
17 cross-reference; repealing s. 114 of ch.
18 2004-267, Laws of Florida, relating to the
19 eligibility determination functions of the
20 Economic Self-Sufficiency Services program;
21 providing an effective date.
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23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. Subsection (12) of section 409.2564,
26 Florida Statutes, is amended to read:
27 409.2564 Actions for support.--
28 (12) The Title IV-D agency shall review child support
29 orders in IV-D cases at least every 3 years upon request by
30 either party, or the agency in cases where there is an
31 assignment of support to the state under s. 414.095(7) s.
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1 414.095(8), and may seek adjustment of the order if
2 appropriate under the guidelines established in s. 61.30. Not
3 less than once every 3 years the IV-D agency shall provide
4 notice to the parties subject to the order informing them of
5 their right to request a review and, if appropriate, an
6 adjustment of the child support order. Said notice requirement
7 may be met by including appropriate language in the initial
8 support order or any subsequent orders.
9 Section 2. Subsections (5) through (19) of section
10 414.095, Florida Statutes, are renumbered as subsections (4)
11 through (18), respectively, and paragraph (a) of subsection
12 (2), present subsection (4), paragraphs (c) and (e) of present
13 subsection (15), and present subsection (17) of that section
14 are amended to read:
15 414.095 Determining eligibility for temporary cash
16 assistance.--
17 (2) ADDITIONAL ELIGIBILITY REQUIREMENTS.--
18 (a) To be eligible for services or temporary cash
19 assistance and Medicaid:
20 1. An applicant must be a United States citizen, or a
21 qualified noncitizen, as defined in this section.
22 2. An applicant must be a legal resident of the state.
23 3. Each member of a family must provide to the
24 department the member's social security number or shall
25 provide proof of application for a social security number. An
26 individual who fails to provide to the department a social
27 security number, or proof of application for a social security
28 number, is not eligible to participate in the program.
29 4. A minor child must reside with a custodial parent
30 or parents, or with a relative caretaker who is within the
31 specified degree of blood relationship as defined by 45 C.F.R.
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1 part 233 under this chapter, or, if the minor is a teen parent
2 with a child, in a setting approved by the department as
3 provided in subsection (14).
4 5. Each family must have a minor child and meet the
5 income and resource requirements of the program. All minor
6 children who live in the family, as well as the parents of the
7 minor children, shall be included in the eligibility
8 determination unless specifically excluded.
9 (4) STEPPARENTS.--A family that contains a stepparent
10 has the following special eligibility options if the family
11 meets all other eligibility requirements:
12 (a) A family that does not contain a mutual minor
13 child has the option to include or exclude a stepparent in
14 determining eligibility if the stepparent's monthly gross
15 income is less than 185 percent of the federal poverty level
16 for a two-person family.
17 1. If the stepparent chooses to be excluded from the
18 family, temporary cash assistance, without shelter expense,
19 shall be provided for the child. The parent of the child must
20 comply with work activity requirements as provided in s.
21 445.024. Income and resources from the stepparent may not be
22 included in determining eligibility; however, any income and
23 resources from the parent of the child shall be included in
24 determining eligibility.
25 2. If a stepparent chooses to be included in the
26 family, the department shall determine eligibility using the
27 requirements for a nonstepparent family. A stepparent whose
28 income is equal to or greater than 185 percent of the federal
29 poverty level for a two-person family does not have the option
30 to be excluded from the family, and all income and resources
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1 of the stepparent shall be included in determining the
2 family's eligibility.
3 (b) A family that contains a mutual minor child does
4 not have the option to exclude a stepparent from the family,
5 and the income and resources from the stepparent shall be
6 included in determining eligibility.
7 (c) A family that contains two stepparents, with or
8 without a mutual minor child, does not have the option to
9 exclude a stepparent from the family, and the income and
10 resources from each stepparent must be included in determining
11 eligibility.
12 (14)(15) PROHIBITIONS AND RESTRICTIONS.--
13 (c) The teen parent is not required to live with a
14 parent, legal guardian, or other adult caretaker relative if
15 the department determines that:
16 1. The teen parent has suffered or might suffer harm
17 in the home of the parent, legal guardian, or adult caretaker
18 relative.
19 2. The requirement is not in the best interest of the
20 teen parent or the child. If the department determines that it
21 is not in the best interest of the teen parent or child to
22 reside with a parent, legal guardian, or other adult caretaker
23 relative, the department shall provide or assist the teen
24 parent in finding a suitable home, a second-chance home, a
25 maternity home, or other appropriate adult-supervised
26 supportive living arrangement. Such living arrangement may
27 include a shelter obligation in accordance with subsection
28 (10) (11).
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30 The department may not delay providing temporary cash
31 assistance to the teen parent through the alternative payee
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1 designated by the department pending a determination as to
2 where the teen parent should live and sufficient time for the
3 move itself. A teen parent determined to need placement that
4 is unavailable shall continue to be eligible for temporary
5 cash assistance so long as the teen parent cooperates with the
6 department and the Department of Health. The teen parent shall
7 be provided with counseling to make the transition from
8 independence to supervised living and with a choice of living
9 arrangements.
10 (e) If a parent or caretaker relative does not assign
11 any rights a family member may have to support from any other
12 person as required by subsection (7) (8), temporary cash
13 assistance to the entire family shall be denied until the
14 parent or caretaker relative assigns the rights to the
15 department.
16 (16)(17) PROPORTIONAL REDUCTION.--If the Social
17 Services Estimating Conference forecasts an increase in the
18 temporary cash assistance caseload and there is insufficient
19 funding, a proportional reduction as determined by the
20 department shall be applied to the levels of temporary cash
21 assistance in subsection (10) (11).
22 Section 3. Section 414.105, Florida Statutes, is
23 amended to read:
24 414.105 Time limitations of temporary cash
25 assistance.--Except as Unless otherwise expressly provided in
26 this section chapter, an applicant or current participant
27 shall receive temporary cash assistance for no episodes of not
28 more than 24 cumulative months in any consecutive 60-month
29 period that begins with the first month of participation and
30 for not more than a lifetime cumulative total of 48 months as
31 an adult, unless otherwise provided by law.
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1 (1) The time limitation for episodes of temporary cash
2 assistance may not exceed 36 cumulative months in any
3 consecutive 72-month period that begins with the first month
4 of participation and may not exceed a lifetime cumulative
5 total of 48 months of temporary cash assistance as an adult,
6 for cases in which the participant:
7 (a) Has received aid to families with dependent
8 children or temporary cash assistance for any 36 months of the
9 preceding 60 months; or
10 (b) Is a custodial parent under the age of 24 who:
11 1. Has not completed a high school education or its
12 equivalent; or
13 2. Had little or no work experience in the preceding
14 year.
15 (2) A participant who is not exempt from work activity
16 requirements may earn 1 month of eligibility for extended
17 temporary cash assistance, up to a maximum of 12 additional
18 months, for each month in which the participant is fully
19 complying with the work activities of the WAGES Program
20 through subsidized or unsubsidized public or private sector
21 employment. The period for which extended temporary cash
22 assistance is granted shall be based upon compliance with
23 WAGES Program requirements beginning October 1, 1996.
24 (3) A WAGES participant who is not exempt from work
25 activity requirements and who participates in a recommended
26 mental health or substance abuse treatment program may earn 1
27 month of eligibility for extended temporary cash assistance,
28 up to a maximum of 12 additional months, for each month in
29 which the individual fully complies with the requirements of
30 the treatment program. This treatment credit may be awarded
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1 only upon the successful completion of the treatment program
2 and only once during the 48-month time limit.
3 (1)(4) A participant may not receive temporary cash
4 assistance under this subsection, in combination with other
5 periods of temporary cash assistance for longer than a
6 lifetime limit of 48 months. Hardship exemptions to the time
7 limitations provided in this section of this chapter shall be
8 limited to 20 percent of the average monthly caseload, as
9 determined by the department in cooperation with Workforce
10 Florida, Inc. Criteria for hardship exemptions include:
11 (a) Diligent participation in activities, combined
12 with inability to obtain employment.
13 (b) Diligent participation in activities, combined
14 with extraordinary barriers to employment, including the
15 conditions which may result in an exemption to work
16 requirements.
17 (c) Significant barriers to employment, combined with
18 a need for additional time.
19 (d) Diligent participation in activities and a need by
20 teen parents for an exemption in order to have 24 months of
21 eligibility beyond receipt of the high school diploma or
22 equivalent.
23 (e) A recommendation of extension for a minor child of
24 a participating family that has reached the end of the
25 eligibility period for temporary cash assistance. The
26 recommendation must be the result of a review which determines
27 that the termination of the child's temporary cash assistance
28 would be likely to result in the child being placed into
29 emergency shelter or foster care. Temporary cash assistance
30 shall be provided through a protective payee. Staff of the
31 Child Care Services Program Office of the department shall
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1 conduct all assessments in each case in which it appears a
2 child may require continuation of temporary cash assistance
3 through a protective payee.
4 (2)(5) In addition to the exemptions listed in
5 subsection (3), A victim of domestic violence may be granted a
6 hardship exemption if the effects of such domestic violence
7 delay or otherwise interrupt or adversely affect the
8 individual's participation in the program.
9 (3)(6) The department, in cooperation with Workforce
10 Florida, Inc., shall establish a procedure for approving
11 hardship exemptions and for reviewing hardship cases at least
12 once every 2 years. Regional workforce boards may assist in
13 making these determinations. The composition of any review
14 panel must generally reflect the racial, gender, and ethnic
15 diversity of the community as a whole. Members of a review
16 panel shall serve without compensation but are entitled to
17 receive reimbursement for per diem and travel expenses as
18 provided in s. 112.061.
19 (4)(7) For individuals who have moved from another
20 state, the months in which temporary cash assistance was
21 received under a block grant program that provided temporary
22 assistance for needy families in any state shall count towards
23 the cumulative 48-month benefit limit for temporary cash
24 assistance.
25 (5)(8) For individuals subject to a time limitation
26 under the Family Transition Act of 1993, that time limitation
27 shall continue to apply. Months in which temporary cash
28 assistance was received through the family transition program
29 shall count towards the time limitations under this section
30 chapter.
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1 (6)(9) Except when temporary cash assistance was
2 received through the family transition program, the
3 calculation of the time limitation for temporary cash
4 assistance shall begin with the first month of receipt of
5 temporary cash assistance after the effective date of this
6 act.
7 (7)(10) Child-only cases are not subject to time
8 limitations, and temporary cash assistance received while an
9 individual is a minor child shall not count towards time
10 limitations.
11 (8)(11) An individual who receives benefits under the
12 Supplemental Security Income (SSI) program or the Social
13 Security Disability Insurance (SSDI) program is not subject to
14 time limitations. An individual who has applied for
15 supplemental security income (SSI) or supplemental security
16 disability income (SSDI), but has not yet received a
17 determination must be granted an extension of time limits
18 until the individual receives a final determination on the SSI
19 or SSDI application. Determination shall be considered final
20 once all appeals have been exhausted, benefits have been
21 received, or denial has been accepted without any appeal.
22 While awaiting a final determination, the such individual must
23 continue to meet all program requirements assigned to the
24 participant based on medical ability to comply. If a final
25 determination results in the denial of benefits for
26 supplemental security income (SSI) or supplemental security
27 disability income (SSDI), any period during which the
28 recipient received assistance under this section chapter shall
29 be counted in count against the recipient's 48-month lifetime
30 limit.
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1 (9)(12) A person who is totally responsible for the
2 personal care of a disabled family member is not subject to
3 time limitations if the need for the care is verified and
4 alternative care is not available for the family member. The
5 department shall annually evaluate an individual's
6 qualifications for this exemption.
7 (10)(13) A member of the staff of the regional
8 workforce board shall interview and assess the employment
9 prospects and barriers of each participant who is within 6
10 months of reaching the 48-month 24-month time limit. The staff
11 member shall assist the participant in identifying actions
12 necessary to become employed prior to reaching the benefit
13 time limit for temporary cash assistance and, if appropriate,
14 shall refer the participant for services that could facilitate
15 employment.
16 Section 4. Subsections (3) through (5) of section
17 414.32, Florida Statutes, are renumbered as subsections (2)
18 through (4), respectively, and present subsection (2) of that
19 section is amended to read:
20 414.32 Prohibitions and restrictions with respect to
21 food stamps.--
22 (2) DISQUALIFICATION FOR CHILD SUPPORT ARREARS.--An
23 individual is ineligible to participate in the food stamp
24 program as a member of a food stamp assistance group during
25 any month in which the individual is delinquent in any payment
26 due under a court order for the support of a child. This
27 subsection does not apply if the court is allowing the
28 individual to delay payment for the support of a child or if
29 the individual is complying with a payment plan approved by
30 the court or the state agency that administers the child
31 support enforcement program.
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1 Section 5. Subsection (3) of section 445.048, Florida
2 Statutes, as amended by chapter 2004-269, Laws of Florida, is
3 amended to read:
4 445.048 Passport to Economic Progress demonstration
5 program.--
6 (3) INCOME DISREGARD.--In order to provide an
7 additional incentive for employment, and notwithstanding the
8 amount specified in s. 414.095(11) s. 414.095(12), for
9 individuals residing in the areas designated for this
10 demonstration program, the first $300 plus one-half of the
11 remainder of earned income shall be disregarded in determining
12 eligibility for temporary cash assistance. All other
13 conditions and requirements of s. 414.095(11) s. 414.095(12)
14 shall continue to apply to such individuals.
15 Section 6. Section 114 of chapter 2004-267, Laws of
16 Florida, is repealed.
17 Section 7. This act shall take effect July 1, 2005.
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