HB 1293

1	A bill to be entitled
2	An act relating to public assistance; amending ss. 97.021,
3	163.2523, 163.456, 220.187, 288.9618, 341.041, 379.353,
4	402.33, 409.2554, 409.2576, 409.903, 409.942, 411.0101,
5	414.0252, 414.065, 414.0655, 414.075, 414.085, 414.095,
6	414.14, 414.16, 414.17, 414.175, 414.31, 414.32, 414.33,
7	414.34, 414.35, 414.36, 414.39, 414.41, 414.45, 420.624,
8	430.2053, 445.004, 445.009, 445.024, 445.026, 445.048,
9	718.115, 817.568, 921.0022, and 943.401, F.S.; revising
10	terminology relating to the food stamp program and the
11	WAGES Program to conform to current federal law; providing
12	an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Subsection (29) of section 97.021, Florida
17	Statutes, is amended to read:
18	97.021  Definitions.-For the purposes of this code, except
19	where the context clearly indicates otherwise, the term:
20	(29)  "Public assistance" means assistance provided through
21	the food assistance stamp program under the federal Supplemental
22	Nutrition Assistance Program; the Medicaid program; the Special
23	Supplemental Food Program for Women, Infants, and Children; and
24	the Temporary Cash Assistance WAGES Program.
25	Section 2.  Section 163.2523, Florida Statutes, is amended
26	to read:
27	163.2523  Grant program.-An Urban Infill and Redevelopment
28	Assistance Grant Program is created for local governments. A
29	local government may allocate grant money to special districts,
30	including community redevelopment agencies, and nonprofit
31	community development organizations to implement projects
32	consistent with an adopted urban infill and redevelopment plan
33	or plan employed in lieu thereof. Thirty percent of the general
34	revenue appropriated for this program shall be available for
35	planning grants to be used by local governments for the
36	development of an urban infill and redevelopment plan, including
37	community participation processes for the plan. Sixty percent of
38	the general revenue appropriated for this program shall be
39	available for fifty/fifty matching grants for implementing urban
40	infill and redevelopment projects that further the objectives
41	set forth in the local government's adopted urban infill and
42	redevelopment plan or plan employed in lieu thereof. The
43	remaining 10 percent of the revenue must be used for outright
44	grants for implementing projects requiring an expenditure of
45	under $50,000. If the volume of fundable applications under any
46	of the allocations specified in this section does not fully
47	obligate the amount of the allocation, the Department of
48	Community Affairs may transfer the unused balance to the
49	category having the highest dollar value of applications
50	eligible but unfunded. However, in no event may the percentage
51	of dollars allocated to outright grants for implementing
52	projects exceed 20 percent in any given fiscal year. Projects
53	that provide employment opportunities to clients of the
54	Temporary Cash Assistance WAGES program and projects within
55	urban infill and redevelopment areas that include a community
56	redevelopment area, Florida Main Street program, Front Porch
57	Florida Community, sustainable community, enterprise zone,
58	federal enterprise zone, enterprise community, or neighborhood
59	improvement district must be given an elevated priority in the
60	scoring of competing grant applications. The Division of Housing
61	and Community Development of the Department of Community Affairs
62	shall administer the grant program. The Department of Community
63	Affairs shall adopt rules establishing grant review criteria
64	consistent with this section.
65	Section 3.  Paragraph (c) of subsection (1) of section
66	163.456, Florida Statutes, is amended to read:
67	163.456  Legislative findings and intent.-
68	(1)  The Legislature finds that:
69	(c)  The available means of eliminating or reducing these
70	deteriorating economic conditions and encouraging local resident
71	participation and support is to provide support assistance and
72	resource investment to community-based development
73	organizations. The Legislature also finds that community-based
74	development organizations can contribute to the creation of jobs
75	in response to federal welfare reform and state Temporary Cash
76	Assistance WAGES Program legislation, and economic development
77	activities related to urban and rural economic initiatives.
78	Section 4.  Paragraph (b) of subsection (2) of section
79	220.187, Florida Statutes, is amended to read:
80	220.187  Credits for contributions to nonprofit
81	scholarship-funding organizations.-
82	(2)  DEFINITIONS.-As used in this section, the term:
83	(b)  "Direct certification list" means the certified list
84	of children who qualify for the food assistance Stamp program,
85	the Temporary Assistance to Needy Families Program, or the Food
86	Distribution Program on Indian Reservations provided to the
87	Department of Education by the Department of Children and Family
88	Services.
89	Section 5.  Paragraph (h) of subsection (1) of section
90	288.9618, Florida Statutes, is amended to read:
91	288.9618  Microenterprises.-
92	(1)  Subject to specific appropriations in the General
93	Appropriations Act, the Office of Tourism, Trade, and Economic
94	Development may contract with some appropriate not-for-profit or
95	governmental organization for any action that the office deems
96	necessary to foster the development of microenterprises in the
97	state. As used within this section, microenterprises are
98	extremely small business enterprises which enable low and
99	moderate income individuals to achieve self-sufficiency through
100	self-employment. Microenterprise programs are those which
101	provide at least one of the following: small amounts of capital,
102	business training, and technical assistance. Where feasible, the
103	office or organizations under contract with the office shall
104	work in cooperation with other organizations active in the study
105	and support of microenterprises. Such actions may include, but
106	are not limited to:
107	(h)  Coordinating with other organizations to ensure that
108	participants in the Temporary Cash Assistance WAGES Program are
109	given opportunities to create microenterprises.
110	Section 6.  Subsection (14) of section 341.041, Florida
111	Statutes, is amended to read:
112	341.041  Transit responsibilities of the department.-The
113	department shall, within the resources provided pursuant to
114	chapter 216:
115	(14)  Assist local governmental entities and other transit
116	operators in the planning, development, and coordination of
117	transit services for Temporary Cash Assistance WAGES Program
118	participants as defined in s. 414.0252.
119	Section 7.  Paragraph (h) of subsection (2) of section
120	379.353, Florida Statutes, is amended to read:
121	379.353  Recreational licenses and permits; exemptions from
122	fees and requirements.-
123	(2)  A hunting, freshwater fishing, or saltwater fishing
124	license or permit is not required for:
125	(h)  Any resident saltwater fishing from land or from a
126	structure fixed to the land who has been determined eligible by
127	the Department of Children and Family Services for the food
128	assistance stamp program, temporary cash assistance, or the
129	Medicaid programs. A benefit issuance or program identification
130	card issued by the Department of Children and Family Services or
131	the Florida Medicaid program of the Agency for Health Care
132	Administration shall serve as proof of program eligibility. The
133	client must have in his or her possession the ID card and
134	positive proof of identification when fishing.
135	Section 8.  Paragraph (g) of subsection (1) of section
136	402.33, Florida Statutes, is amended to read:
137	402.33  Department authority to charge fees for services
138	provided.-
139	(1)  As used in this section, the term:
140	(g)  "State and federal aid" means cash assistance or cash
141	equivalent benefits based on an individual's proof of financial
142	need, including, but not limited to, temporary cash assistance
143	and food assistance stamps.
144	Section 9.  Subsection (8) of section 409.2554, Florida
145	Statutes, is amended to read:
146	409.2554  Definitions; ss. 409.2551-409.2598.-As used in
147	ss. 409.2551-409.2598, the term:
148	(8)  "Public assistance" means money assistance paid on the
149	basis of Title IV-E and Title XIX of the Social Security Act,
150	temporary cash assistance, or food assistance benefits stamps
151	received on behalf of a child under 18 years of age who has an
152	absent parent.
153	Section 10.  Paragraph (a) of subsection (9) of section
154	409.2576, Florida Statutes, is amended to read:
155	409.2576  State Directory of New Hires.-
156	(9)  DISCLOSURE OF INFORMATION.-
157	(a)  New hire information shall be disclosed to the state
158	agency administering the following programs for the purposes of
159	determining eligibility under those programs:
160	1.  Any state program funded under part A of Title IV of
161	the Social Security Act;
162	2.  The Medicaid program under Title XIX of the Social
163	Security Act;
164	3.  The unemployment compensation program under s. 3304 of
165	the Internal Revenue Code of 1954;
166	4.  The food assistance stamp program under the Food and
167	Nutrition Act of 2008 Food Stamp Act of 1977; and
168	5.  Any state program under a plan approved under Title I
169	(Old-Age Assistance for the Aged), Title X (Aid to the Blind),
170	Title XIV (Aid to the Permanently and Totally Disabled), or
171	Title XVI (Aid to the Aged, Blind, or Disabled; Supplemental
172	Security Income for the Aged, Blind, and Disabled) of the Social
173	Security Act.
174	Section 11.  Subsection (3) of section 409.903, Florida
175	Statutes, is amended to read:
176	409.903  Mandatory payments for eligible persons.-The
177	agency shall make payments for medical assistance and related
178	services on behalf of the following persons who the department,
179	or the Social Security Administration by contract with the
180	Department of Children and Family Services, determines to be
181	eligible, subject to the income, assets, and categorical
182	eligibility tests set forth in federal and state law. Payment on
183	behalf of these Medicaid eligible persons is subject to the
184	availability of moneys and any limitations established by the
185	General Appropriations Act or chapter 216.
186	(3)  A child under age 21 living in a low-income, two-
187	parent family, and a child under age 7 living with a
188	nonrelative, if the income and assets of the family or child, as
189	applicable, do not exceed the resource limits under the
190	Temporary Cash Assistance WAGES Program.
191	Section 12.  Subsection (1) of section 409.942, Florida
192	Statutes, is amended to read:
193	409.942  Electronic benefit transfer program.-
194	(1)  The Department of Children and Family Services shall
195	establish an electronic benefit transfer program for the
196	dissemination of food assistance stamp benefits and temporary
197	cash assistance payments, including refugee cash assistance
198	payments, asylum applicant payments, and child support disregard
199	payments. If the Federal Government does not enact legislation
200	or regulations providing for dissemination of supplemental
201	security income by electronic benefit transfer, the state may
202	include supplemental security income in the electronic benefit
203	transfer program.
204	Section 13.  Subsection (1) of section 411.0101, Florida
205	Statutes, is amended to read:
206	411.0101  Child care and early childhood resource and
207	referral.-The Agency for Workforce Innovation shall establish a
208	statewide child care resource and referral network. Preference
209	shall be given to using the already established early learning
210	coalitions as the child care resource and referral agency. If an
211	early learning coalition cannot comply with the requirements to
212	offer the resource information component or does not want to
213	offer that service, the early learning coalition shall select
214	the resource information agency based upon a request for
215	proposal pursuant to s. 411.01(5)(e)1. At least one child care
216	resource and referral agency must be established in each early
217	learning coalition's county or multicounty region. Child care
218	resource and referral agencies shall provide the following
219	services:
220	(1)  Identification of existing public and private child
221	care and early childhood education services, including child
222	care services by public and private employers, and the
223	development of a resource file of those services. These services
224	may include family day care, public and private child care
225	programs, head start, prekindergarten early intervention
226	programs, special education programs for prekindergarten
227	handicapped children, services for children with developmental
228	disabilities, full-time and part-time programs, before-school
229	and after-school programs, vacation care programs, parent
230	education, the Temporary Cash Assistance WAGES Program, and
231	related family support services. The resource file shall
232	include, but not be limited to:
233	(a)  Type of program.
234	(b)  Hours of service.
235	(c)  Ages of children served.
236	(d)  Number of children served.
237	(e)  Significant program information.
238	(f)  Fees and eligibility for services.
239	(g)  Availability of transportation.
240	Section 14.  Subsection (10) of section 414.0252, Florida
241	Statutes, is amended to read:
242	414.0252  Definitions.-As used in ss. 414.025-414.55, the
243	term:
244	(10)  "Public assistance" means benefits paid on the basis
245	of the temporary cash assistance, food assistance stamp,
246	Medicaid, or optional state supplementation program.
247	Section 15.  Subsection (1), paragraphs (a), (c), and (d)
248	of subsection (2), and subsection (3) of section 414.065,
249	Florida Statutes, are amended to read:
250	414.065  Noncompliance with work requirements.-
251	(1)  PENALTIES FOR NONPARTICIPATION IN WORK REQUIREMENTS
252	AND FAILURE TO COMPLY WITH ALTERNATIVE REQUIREMENT PLANS.-The
253	department shall establish procedures for administering
254	penalties for nonparticipation in work requirements and failure
255	to comply with the alternative requirement plan. If an
256	individual in a family receiving temporary cash assistance fails
257	to engage in work activities required in accordance with s.
258	445.024, the following penalties shall apply. Prior to the
259	imposition of a sanction, the participant shall be notified
260	orally or in writing that the participant is subject to sanction
261	and that action will be taken to impose the sanction unless the
262	participant complies with the work activity requirements. The
263	participant shall be counseled as to the consequences of
264	noncompliance and, if appropriate, shall be referred for
265	services that could assist the participant to fully comply with
266	program requirements. If the participant has good cause for
267	noncompliance or demonstrates satisfactory compliance, the
268	sanction shall not be imposed. If the participant has
269	subsequently obtained employment, the participant shall be
270	counseled regarding the transitional benefits that may be
271	available and provided information about how to access such
272	benefits. The department shall administer sanctions related to
273	food assistance stamps consistent with federal regulations.
274	(a)1.  First noncompliance: temporary cash assistance shall
275	be terminated for the family for a minimum of 10 days or until
276	the individual who failed to comply does so.
277	2.  Second noncompliance: temporary cash assistance shall
278	be terminated for the family for 1 month or until the individual
279	who failed to comply does so, whichever is later. Upon meeting
280	this requirement, temporary cash assistance shall be reinstated
281	to the date of compliance or the first day of the month
282	following the penalty period, whichever is later.
283	3.  Third noncompliance: temporary cash assistance shall be
284	terminated for the family for 3 months or until the individual
285	who failed to comply does so, whichever is later. The individual
286	shall be required to comply with the required work activity upon
287	completion of the 3-month penalty period, before reinstatement
288	of temporary cash assistance. Upon meeting this requirement,
289	temporary cash assistance shall be reinstated to the date of
290	compliance or the first day of the month following the penalty
291	period, whichever is later.
292	(b)  If a participant receiving temporary cash assistance
293	who is otherwise exempted from noncompliance penalties fails to
294	comply with the alternative requirement plan required in
295	accordance with this section, the penalties provided in
296	paragraph (a) shall apply.
297
298	If a participant fully complies with work activity requirements
299	for at least 6 months, the participant shall be reinstated as
300	being in full compliance with program requirements for purpose
301	of sanctions imposed under this section.
302	(2)  CONTINUATION OF TEMPORARY CASH ASSISTANCE FOR
303	CHILDREN; PROTECTIVE PAYEES.-
304	(a)  Upon the second or third occurrence of noncompliance,
305	temporary cash assistance and food assistance stamps for the
306	child or children in a family who are under age 16 may be
307	continued. Any such payments must be made through a protective
308	payee or, in the case of food assistance stamps, through an
309	authorized representative. Under no circumstances shall
310	temporary cash assistance or food assistance stamps be paid to
311	an individual who has failed to comply with program
312	requirements.
313	(c)  The protective payee designated by the department
314	shall be the authorized representative for purposes of receiving
315	food assistance stamps on behalf of a child or children under
316	age 16. The authorized representative must agree in writing to
317	use the food assistance stamps in the best interest of the child
318	or children.
319	(d)  If it is in the best interest of the child or
320	children, as determined by the department, for the staff member
321	of a private agency, a public agency, the department, or any
322	other appropriate organization to serve as a protective payee or
323	authorized representative, such designation may be made, except
324	that a protective payee or authorized representative must not be
325	any individual involved in determining eligibility for temporary
326	cash assistance or food assistance stamps for the family, staff
327	handling any fiscal processes related to issuance of temporary
328	cash assistance or food assistance stamps, or landlords,
329	grocers, or vendors of goods, services, or items dealing
330	directly with the participant.
331	(3)  PROPORTIONAL REDUCTION OF TEMPORARY CASH ASSISTANCE
332	RELATED TO PAY AFTER PERFORMANCE.-Notwithstanding the provisions
333	of subsection (1), if an individual is receiving temporary cash
334	assistance under a pay-after-performance arrangement and the
335	individual participates, but fails to meet the full
336	participation requirement, then the temporary cash assistance
337	received shall be reduced and shall be proportional to the
338	actual participation. Food assistance stamps may be included in
339	a pay-after-performance arrangement if permitted under federal
340	law.
341	Section 16.  Subsection (1) of section 414.0655, Florida
342	Statutes, is amended to read:
343	414.0655  Medical incapacity due to substance abuse or
344	mental health impairment.-
345	(1)  Notwithstanding the provisions of s. 414.065 to the
346	contrary, any participant who requires out-of-home residential
347	treatment for alcoholism, drug addiction, alcohol abuse, or a
348	mental health disorder, as certified by a physician licensed
349	under chapter 458 or chapter 459, shall be exempted from work
350	activities while participating in treatment. The participant
351	shall be required to comply with the course of treatment
352	necessary for the individual to resume work activity
353	participation. The treatment agency shall be required to notify
354	the department with an initial estimate of when the participant
355	will have completed the course of treatment and be ready to
356	resume full participation in the Temporary Cash Assistance WAGES
357	Program. If the treatment will take longer than 60 days, the
358	treatment agency shall provide to the department the conditions
359	justifying extended treatment, and the department and the
360	treatment agency shall negotiate a continued stay in treatment
361	not to exceed an additional 90 days.
362	Section 17.  Section 414.075, Florida Statutes, is amended
363	to read:
364	414.075  Resource eligibility standards.-For purposes of
365	program simplification and effective program management, certain
366	resource definitions, as outlined in the food assistance stamp
367	regulations at 7 C.F.R. s. 273.8, shall be applied to the
368	Temporary Cash Assistance WAGES Program as determined by the
369	department to be consistent with federal law regarding temporary
370	cash assistance and Medicaid for needy families, except that:
371	(1)  The maximum allowable resources, including liquid and
372	nonliquid resources, of all members of the family may not exceed
373	$2,000.
374	(2)  In determining the resources of a family, the
375	following shall be excluded:
376	(a)  Licensed vehicles needed for individuals subject to
377	the work participation requirement, not to exceed a combined
378	value of $8,500, and needed for training, employment, or
379	education purposes. For any family without an individual subject
380	to the work participation requirement, one vehicle valued at not
381	more than $8,500 shall be excluded. Any vehicle that is
382	necessary to transport a physically disabled family member shall
383	be excluded. A vehicle shall be considered necessary for the
384	transportation of a physically disabled family member if the
385	vehicle is specially equipped to meet the specific needs of the
386	disabled person or if the vehicle is a special type of vehicle
387	and makes it possible to transport the disabled person.
388	(b)  Funds paid to a homeless shelter which are being held
389	for the family to enable the family to pay deposits or other
390	costs associated with moving to a new shelter arrangement.
391	(3)  A vacation home that annually produces income
392	consistent with its fair market value, and that is excluded as a
393	resource in determining eligibility for food assistance stamps
394	under federal regulations, may not be excluded as a resource in
395	determining a family's eligibility for temporary cash
396	assistance.
397	(4)  An individual and the assistance group in which the
398	individual is a current member will be ineligible for a period
399	of 2 years from the original date of a transfer of an asset made
400	for the purpose of qualifying for or maintaining eligibility for
401	temporary cash assistance.
402	Section 18.  Subsection (1) of section 414.085, Florida
403	Statutes, is amended to read:
404	414.085  Income eligibility standards.-
405	(1)  For purposes of program simplification and effective
406	program management, certain income definitions, as outlined in
407	the food assistance stamp regulations at 7 C.F.R. s. 273.9,
408	shall be applied to the temporary cash assistance program as
409	determined by the department to be consistent with federal law
410	regarding temporary cash assistance and Medicaid for needy
411	families, except as to the following:
412	(a)  Participation in the temporary cash assistance program
413	shall be limited to those families whose gross family income is
414	equal to or less than 185 percent of the federal poverty level
415	established in s. 673(2) of the Community Services Block Grant
416	Act, 42 U.S.C. s. 9901(2).
417	(b)  Income security payments, including payments funded
418	under part B of Title IV of the Social Security Act, as amended;
419	supplemental security income under Title XVI of the Social
420	Security Act, as amended; or other income security payments as
421	defined by federal law shall be excluded as income unless
422	required to be included by federal law.
423	(c)  The first $50 of child support paid to a parent
424	receiving temporary cash assistance may not be disregarded in
425	calculating the amount of temporary cash assistance for the
426	family, unless such exclusion is required by federal law.
427	(d)  An incentive payment to a participant authorized by a
428	regional workforce board shall not be considered income.
429	Section 19.  Subsection (1), paragraphs (c) and (f) of
430	subsection (9), and paragraph (f) of subsection (14) of section
431	414.095, Florida Statutes, are amended to read:
432	414.095  Determining eligibility for temporary cash
433	assistance.-
434	(1)  ELIGIBILITY.-An applicant must meet eligibility
435	requirements of this section before receiving services or
436	temporary cash assistance under this chapter, except that an
437	applicant shall be required to register for work and engage in
438	work activities in accordance with s. 445.024, as designated by
439	the regional workforce board, and may receive support services
440	or child care assistance in conjunction with such requirement.
441	The department shall make a determination of eligibility based
442	on the criteria listed in this chapter. The department shall
443	monitor continued eligibility for temporary cash assistance
444	through periodic reviews consistent with the food assistance
445	stamp eligibility process. Benefits shall not be denied to an
446	individual solely based on a felony drug conviction, unless the
447	conviction is for trafficking pursuant to s. 893.135. To be
448	eligible under this section, an individual convicted of a drug
449	felony must be satisfactorily meeting the requirements of the
450	temporary cash assistance program, including all substance abuse
451	treatment requirements. Within the limits specified in this
452	chapter, the state opts out of the provision of Pub. L. No. 104-
453	193, s. 115, that eliminates eligibility for temporary cash
454	assistance and food assistance stamps for any individual
455	convicted of a controlled substance felony.
456	(9)  OPPORTUNITIES AND OBLIGATIONS.-An applicant for
457	temporary cash assistance has the following opportunities and
458	obligations:
459	(c)  To be advised of any reduction or termination of
460	temporary cash assistance or food assistance stamps.
461	(f)  To use temporary cash assistance and food assistance
462	stamps for the purpose for which the assistance is intended.
463	(14)  PROHIBITIONS AND RESTRICTIONS.-
464	(f)  An individual who is convicted in federal or state
465	court of receiving benefits under this chapter, Title XIX, the
466	Food and Nutrition Act of 2008 Food Stamp Act of 1977, or Title
467	XVI (Supplemental Security Income), in two or more states
468	simultaneously may not receive temporary cash assistance or
469	services under this chapter for 10 years following the date of
470	conviction.
471	Section 20.  Section 414.14, Florida Statutes, is amended
472	to read:
473	414.14  Public assistance policy simplification.-To the
474	extent possible, the department shall align the requirements for
475	eligibility under this chapter with the food assistance stamp
476	program and medical assistance eligibility policies and
477	procedures to simplify the budgeting process and reduce errors.
478	If the department determines that s. 414.075, relating to
479	resources, or s. 414.085, relating to income, is inconsistent
480	with related provisions of federal law which govern the food
481	assistance stamp program or medical assistance, and that
482	conformance to federal law would simplify administration of the
483	Temporary Cash Assistance WAGES Program or reduce errors without
484	materially increasing the cost of the program to the state, the
485	secretary of the department may propose a change in the resource
486	or income requirements of the program by rule. The secretary
487	shall provide written notice to the President of the Senate, the
488	Speaker of the House of Representatives, and the chairpersons of
489	the relevant committees of both houses of the Legislature
490	summarizing the proposed modifications to be made by rule and
491	changes necessary to conform state law to federal law. The
492	proposed rule shall take effect 14 days after written notice is
493	given unless the President of the Senate or the Speaker of the
494	House of Representatives advises the secretary that the proposed
495	rule exceeds the delegated authority of the Legislature.
496	Section 21.  Paragraph (e) of subsection (3) of section
497	414.16, Florida Statutes, is amended to read:
498	414.16  Emergency assistance program.-
499	(3)  CRITERIA.-The department shall develop criteria for
500	implementation of the program in accordance with the following
501	guidelines:
502	(e)  The family's adjusted gross income may not exceed the
503	prevailing standard for participation in the Temporary Cash
504	Assistance WAGES Program for the family's size.
505	Section 22.  Section 414.17, Florida Statutes, is amended
506	to read:
507	414.17  Audits.-The Temporary Cash Assistance WAGES Program
508	is subject to the audit requirements of 31 U.S.C. ss. 5701 et
509	seq.
510	Section 23.  Subsection (2) of section 414.175, Florida
511	Statutes, is amended to read:
512	414.175  Review of existing waivers.-
513	(2)  The department shall review federal law, including
514	revisions to federal food assistance program stamp requirements.
515	If the department determines that federal food assistance stamp
516	waivers will further the goals of this chapter, including
517	simplification of program policies or program administration,
518	the department may obtain waivers if this can be accomplished
519	within available resources.
520	Section 24.  Section 414.31, Florida Statutes, is amended
521	to read:
522	414.31  State agency for administering federal food
523	assistance stamp program.-
524	(1)  The department shall place into operation in each of
525	the several counties of the state a food assistance stamp
526	program as authorized by the Congress of the United States. The
527	department is designated as the state agency responsible for the
528	administration and operation of such programs.
529	(2)  The department shall provide for such instruction and
530	counseling as will best assure that the recipients are able to
531	provide a nutritionally adequate diet through the increased
532	purchasing power received. This program shall be administered
533	and operated in such a way that the distribution of food
534	assistance stamps shall be in locations reasonably accessible to
535	those areas in which persons eligible for the benefit of this
536	program are likely to be concentrated.
537	Section 25.  Section 414.32, Florida Statutes, is amended
538	to read:
539	414.32  Prohibitions and restrictions with respect to food
540	assistance program stamps.-
541	(1)  COOPERATION WITH CHILD SUPPORT ENFORCEMENT AGENCY.-
542	(a)  A parent or caretaker relative who receives temporary
543	cash assistance or food assistance stamps on behalf of a child
544	under 18 years of age who has an absent parent is ineligible for
545	food assistance stamps unless the parent or caretaker relative
546	cooperates with the state agency that administers the child
547	support enforcement program in establishing the paternity of the
548	child, if the child is born out of wedlock, and in obtaining
549	support for the child or for the parent or caretaker relative
550	and the child. This paragraph does not apply if the state agency
551	that administers the food assistance stamp program determines
552	that the parent or caretaker relative has good cause for failing
553	to cooperate. The Department of Revenue shall determine good
554	cause for failure to cooperate if the Department of Children and
555	Family Services obtains written authorization from the United
556	States Department of Agriculture approving such arrangements.
557	(b)  A putative or identified noncustodial parent of a
558	child under 18 years of age is ineligible for food assistance
559	stamps if the parent fails to cooperate with the state agency
560	that administers the child support enforcement program in
561	establishing the paternity of the child, if the child is born
562	out of wedlock, or fails to provide support for the child. This
563	paragraph does not apply if the state agency that administers
564	the child support enforcement program determines that the
565	noncustodial parent has good cause for refusing to cooperate in
566	establishing the paternity of the child.
567	(2)  REDUCTION OR DENIAL OF TEMPORARY CASH ASSISTANCE.-The
568	food assistance stamp allotment shall be reduced or terminated
569	as otherwise provided in this chapter if temporary cash
570	assistance under the Temporary Cash Assistance WAGES Program is
571	reduced or denied because an individual in the family fails to
572	perform an action required under the program.
573	(3)  DENIAL OF FOOD ASSISTANCE STAMP BENEFITS FOR RECEIPT
574	OF MULTIPLE FOOD ASSISTANCE STAMP BENEFITS.-An individual is
575	ineligible to participate in the food assistance stamp program
576	individually, or as a member of any assistance group, for 10
577	years following a conviction in federal or state court of having
578	made a fraudulent statement or representation with respect to
579	the identity or place of residence of the individual in order to
580	receive multiple benefits simultaneously under the food
581	assistance stamp program.
582	(4)  DENIAL OF FOOD ASSISTANCE STAMP BENEFITS TO FLEEING
583	FELONS.-An individual is ineligible to participate in the food
584	assistance stamp program during any period when the individual
585	is fleeing to avoid prosecution, custody, or confinement after
586	committing a crime, attempting to commit a crime that is a
587	felony under the laws of the place from which the individual
588	flees or a high misdemeanor in the State of New Jersey, or
589	violating a condition of probation or parole imposed under
590	federal or state law.
591	Section 26.  Section 414.33, Florida Statutes, is amended
592	to read:
593	414.33  Violations of food assistance stamp program.-
594	(1)  In accordance with federal law and regulations, the
595	department shall establish procedures for notifying the
596	appropriate federal and state agencies of any violation of
597	federal or state laws or rules governing the food assistance
598	stamp program.
599	(2)  In addition, the department shall establish procedures
600	for referring to the Department of Law Enforcement any case that
601	involves a suspected violation of federal or state law or rules
602	governing the administration of the food assistance stamp
603	program.
604	Section 27.  Section 414.34, Florida Statutes, is amended
605	to read:
606	414.34  Annual report concerning administrative complaints
607	and disciplinary actions involving food assistance stamp program
608	violations.-The department shall prepare and submit a report to
609	the President of the Senate, the Speaker of the House of
610	Representatives, the chairs of the appropriate legislative
611	committees, and the Department of Law Enforcement by January 1
612	of each year. In addition to any other information the
613	Legislature may require, the report must include statistics and
614	relevant information detailing:
615	(1)  The number of complaints received and investigated.
616	(2)  The number of findings of probable cause made.
617	(3)  The number of findings of no probable cause made.
618	(4)  The number of administrative complaints filed.
619	(5)  The disposition of all administrative complaints.
620	(6)  The number of criminal complaints brought under s.
621	414.39, and their disposition.
622	(7)  The status of the development and implementation of
623	rules governing the electronic benefits transfer program,
624	including any recommendations for statutory changes.
625	Section 28.  Subsections (1) and (3) of section 414.35,
626	Florida Statutes, are amended to read:
627	414.35  Emergency relief.-
628	(1)  The department shall adopt rules for the
629	administration of emergency assistance programs delegated to the
630	department either by executive order in accordance with the
631	Disaster Relief Act of 1974 or pursuant to the Food and
632	Nutrition Act of 2008 Food Stamp Act of 1977.
633	(3)  In administering emergency food assistance stamp and
634	other emergency assistance programs, the department shall
635	cooperate fully with the United States Government and with other
636	departments, instrumentalities, and agencies of this state.
637	Section 29.  Subsections (1) and (2) of section 414.36,
638	Florida Statutes, are amended to read:
639	414.36  Public assistance overpayment recovery program;
640	contracts.-
641	(1)  The department shall develop and implement a plan for
642	the statewide privatization of activities relating to the
643	recovery of public assistance overpayment claims. These
644	activities shall include, at a minimum, voluntary cash
645	collections functions for recovery of fraudulent and
646	nonfraudulent benefits paid to recipients of temporary cash
647	assistance, food assistance stamps, and aid to families with
648	dependent children.
649	(2)  For purposes of privatization of public assistance
650	overpayment recovery, the department shall enter into contracts
651	consistent with federal law with for-profit corporations, not-
652	for-profit corporations, or other entities capable of providing
653	the services for recovering public assistance required under
654	this section. The department shall issue requests for proposals,
655	enter into a competitive bidding process, and negotiate
656	contracts for such services. Contracts for such services may be
657	funded on a contingency fee basis, per fiscal year, based on a
658	percentage of the state-retained share of collections, for
659	claims for food assistance stamps, aid to families with
660	dependent children, and temporary cash assistance. This section
661	does not prohibit districts from entering into contracts to
662	carry out the provisions of this section, if that is a cost-
663	effective use of resources.
664	Section 30.  Subsections (2) and (3), paragraph (c) of
665	subsection (5), and subsection (10) of section 414.39, Florida
666	Statutes, are amended to read:
667	414.39  Fraud.-
668	(2)  Any person who knowingly:
669	(a)  Uses, transfers, acquires, traffics, alters, forges,
670	or possesses, or
671	(b)  Attempts to use, transfer, acquire, traffic, alter,
672	forge, or possess, or
673	(c)  Aids and abets another person in the use, transfer,
674	acquisition, traffic, alteration, forgery, or possession of,
675
676	a food stamp, a food assistance stamp identification card, an
677	authorization, including, but not limited to, an electronic
678	authorization, for the expenditure purchase of food assistance
679	benefits stamps, a certificate of eligibility for medical
680	services, or a Medicaid identification card in any manner not
681	authorized by law commits is guilty of a crime and shall be
682	punished as provided in subsection (5). For the purposes of this
683	section, the value of an authorization to purchase food stamps
684	shall be the difference between the coupon allotment and the
685	amount paid by the recipient for that allotment.
686	(3)  Any person having duties in the administration of a
687	state or federally funded public assistance program or in the
688	distribution of public assistance, or authorizations or
689	identifications to obtain public assistance, under a state or
690	federally funded public assistance program and who:
691	(a)  Fraudulently misappropriates, attempts to
692	misappropriate, or aids and abets in the misappropriation of, a
693	food assistance stamp, an authorization for food assistance
694	stamps, a food assistance stamp identification card, a
695	certificate of eligibility for prescribed medicine, a Medicaid
696	identification card, or public assistance from any other state
697	or federally funded program with which he or she has been
698	entrusted or of which he or she has gained possession by virtue
699	of his or her position, or who knowingly fails to disclose any
700	such fraudulent activity; or
701	(b)  Knowingly misappropriates, attempts to misappropriate,
702	or aids or abets in the misappropriation of, funds given in
703	exchange for food assistance program benefits stamps or for any
704	form of food assistance stamp benefits authorization,
705
706	commits is guilty of a crime and shall be punished as provided
707	in subsection (5).
708	(5)
709	(c)  As used in this subsection, the value of a food
710	assistance stamp authorization benefit is the cash or exchange
711	value unlawfully obtained by the fraudulent act committed in
712	violation of this section.
713	(10)  The department shall create an error-prone or fraud-
714	prone case profile within its public assistance information
715	system and shall screen each application for public assistance,
716	including food assistance stamps, Medicaid, and temporary cash
717	assistance, against the profile to identify cases that have a
718	potential for error or fraud. Each case so identified shall be
719	subjected to preeligibility fraud screening.
720	Section 31.  Section 414.41, Florida Statutes, is amended
721	to read:
722	414.41  Recovery of payments made due to mistake or fraud.-
723	(1)  Whenever it becomes apparent that any person or
724	provider has received any public assistance under this chapter
725	to which she or he is not entitled, through either simple
726	mistake or fraud on the part of the department or on the part of
727	the recipient or participant, the department shall take all
728	necessary steps to recover the overpayment. Recovery may include
729	Federal Income Tax Refund Offset Program collections activities
730	in conjunction with Food and Nutrition Consumer Service and the
731	Internal Revenue Service to intercept income tax refunds due to
732	clients who owe food assistance stamp or temporary cash
733	assistance WAGES debt to the state. The department will follow
734	the guidelines in accordance with federal rules and regulations
735	and consistent with the Food Assistance Stamp Program. The
736	department may make appropriate settlements and shall establish
737	a policy and cost-effective rules to be used in the computation
738	and recovery of such overpayments.
739	(a)  The department will consider an individual who has
740	willfully provided false information or omitted information to
741	become or remain eligible for temporary cash assistance to have
742	committed an intentional program violation.
743	(b)  When the intentional program violation or case facts
744	do not warrant criminal prosecution for fraud as defined in s.
745	414.39, the department will initiate an administrative
746	disqualification hearing. The administrative disqualification
747	hearing will be initiated regardless of the individual's current
748	eligibility.
749	(c)  Upon a finding through the administrative
750	disqualification hearing process that the individual did commit
751	an intentional program violation, the department will impose a
752	disqualification period consistent with those established for
753	food assistance stamp program purposes.
754	(2)  The department shall determine if recovery of an
755	overpayment as a result of department error regarding temporary
756	cash assistance provided under the Temporary Cash Assistance
757	WAGES Program or benefits provided to a recipient of aid to
758	families with dependent children would create extreme hardship.
759	The department shall provide by rule the circumstances that
760	constitute an extreme hardship. The department may reduce the
761	amount of repayment if a recipient or participant demonstrates
762	to the satisfaction of the department that repayment of the
763	entire overpayment would result in extreme hardship, but the
764	department may not excuse repayment. A determination of extreme
765	hardship is not grounds for a waiver of repayment in whole or in
766	part.
767	(3)  The department, or its designee, shall enforce an
768	order of income deduction by the court against the liable adult
769	recipient or participant, including the head of a family, for
770	overpayment received as an adult under the temporary cash
771	assistance program, the AFDC program, the food assistance stamp
772	program, or the Medicaid program.
773	Section 32.  Section 414.45, Florida Statutes, is amended
774	to read:
775	414.45  Rulemaking.-The department has authority to adopt
776	rules pursuant to ss. 120.536(1) and 120.54 to implement and
777	enforce the provisions of this chapter. The rules must provide
778	protection against discrimination and the opportunity for a
779	participant to request a review by a supervisor or administrator
780	of any decision made by a panel or board of the department or
781	the Temporary Cash Assistance WAGES Program.
782	Section 33.  Subsection (8) of section 420.624, Florida
783	Statutes, is amended to read:
784	420.624  Local homeless assistance continuum of care.-
785	(8)  Continuum of care plans must promote participation by
786	all interested individuals and organizations and may not exclude
787	individuals and organizations on the basis of race, color,
788	national origin, sex, handicap, familial status, or religion.
789	Faith-based organizations must be encouraged to participate. To
790	the extent possible, these components should be coordinated and
791	integrated with other mainstream health, social services, and
792	employment programs for which homeless populations may be
793	eligible, including Medicaid, State Children's Health Insurance
794	Program, Temporary Assistance for Needy Families, Food
795	Assistance Program Stamps, and services funded through the
796	Mental Health and Substance Abuse Block Grant, the Workforce
797	Investment Act, and the welfare-to-work grant program.
798	Section 34.  Paragraph (g) of subsection (5) of section
799	430.2053, Florida Statutes, is amended to read:
800	430.2053  Aging resource centers.-
801	(5)  The duties of an aging resource center are to:
802	(g)  Enhance the existing area agency on aging in each
803	planning and service area by integrating, either physically or
804	virtually, the staff and services of the area agency on aging
805	with the staff of the department's local CARES Medicaid nursing
806	home preadmission screening unit and a sufficient number of
807	staff from the Department of Children and Family Services'
808	Economic Self-Sufficiency Unit necessary to determine the
809	financial eligibility for all persons age 60 and older residing
810	within the area served by the aging resource center that are
811	seeking Medicaid services, Supplemental Security Income, and
812	food assistance stamps.
813	Section 35.  Paragraph (b) of subsection (5) of section
814	445.004, Florida Statutes, is amended to read:
815	445.004  Workforce Florida, Inc.; creation; purpose;
816	membership; duties and powers.-
817	(5)  Workforce Florida, Inc., shall have all the powers and
818	authority, not explicitly prohibited by statute, necessary or
819	convenient to carry out and effectuate the purposes as
820	determined by statute, Pub. L. No. 105-220, and the Governor, as
821	well as its functions, duties, and responsibilities, including,
822	but not limited to, the following:
823	(b)  Providing oversight and policy direction to ensure
824	that the following programs are administered by the Agency for
825	Workforce Innovation in compliance with approved plans and under
826	contract with Workforce Florida, Inc.:
827	1.  Programs authorized under Title I of the Workforce
828	Investment Act of 1998, Pub. L. No. 105-220, with the exception
829	of programs funded directly by the United States Department of
830	Labor under Title I, s. 167.
831	2.  Programs authorized under the Wagner-Peyser Act of
832	1933, as amended, 29 U.S.C. ss. 49 et seq.
833	3.  Activities authorized under Title II of the Trade Act
834	of 2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
835	Adjustment Assistance Program.
836	4.  Activities authorized under 38 U.S.C., chapter 41,
837	including job counseling, training, and placement for veterans.
838	5.  Employment and training activities carried out under
839	funds awarded to this state by the United States Department of
840	Housing and Urban Development.
841	6.  Welfare transition services funded by the Temporary
842	Assistance for Needy Families Program, created under the
843	Personal Responsibility and Work Opportunity Reconciliation Act
844	of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
845	of the Social Security Act, as amended.
846	7.  Displaced homemaker programs, provided under s. 446.50.
847	8.  The Florida Bonding Program, provided under Pub. L. No.
848	97-300, s. 164(a)(1).
849	9.  The Food Assistance Stamp Employment and Training
850	Program, provided under the Food and Nutrition Act of 2008 Stamp
851	Act of 1977, 7 U.S.C. ss. 2011-2032; the Food Security Act of
852	1988, Pub. L. No. 99-198; and the Hunger Prevention Act, Pub. L.
853	No. 100-435.
854	10.  The Quick-Response Training Program, provided under
855	ss. 288.046-288.047. Matching funds and in-kind contributions
856	that are provided by clients of the Quick-Response Training
857	Program shall count toward the requirements of s.
858	288.90151(5)(d), pertaining to the return on investment from
859	activities of Enterprise Florida, Inc.
860	11.  The Work Opportunity Tax Credit, provided under the
861	Tax and Trade Relief Extension Act of 1998, Pub. L. No. 105-277,
862	and the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
863	12.  Offender placement services, provided under ss.
864	944.707-944.708.
865	Section 36.  Paragraph (b) of subsection (9) of section
866	445.009, Florida Statutes, is amended to read:
867	445.009  One-stop delivery system.-
868	(9)
869	(b)  The network shall assure that a uniform method is used
870	to determine eligibility for and management of services provided
871	by agencies that conduct workforce development activities. The
872	Department of Management Services shall develop strategies to
873	allow access to the databases and information management systems
874	of the following systems in order to link information in those
875	databases with the one-stop delivery system:
876	1.  The Unemployment Compensation Program of the Agency for
877	Workforce Innovation.
878	2.  The public employment service described in s. 443.181.
879	3.  The FLORIDA System and the components related to
880	temporary cash assistance WAGES, food assistance stamps, and
881	Medicaid eligibility.
882	4.  The Student Financial Assistance System of the
883	Department of Education.
884	5.  Enrollment in the public postsecondary education
885	system.
886	6.  Other information systems determined appropriate by
887	Workforce Florida, Inc.
888	Section 37.  Subsection (2) of section 445.024, Florida
889	Statutes, is amended to read:
890	445.024  Work requirements.-
891	(2)  WORK ACTIVITY REQUIREMENTS.-Each individual who is not
892	otherwise exempt from work activity requirements must
893	participate in a work activity for the maximum number of hours
894	allowable under federal law; however, a participant may not be
895	required to work more than 40 hours per week. The maximum number
896	of hours each month that a family may be required to participate
897	in community service or work experience programs is the number
898	of hours that would result from dividing the family's monthly
899	amount for temporary cash assistance and food assistance stamps
900	by the applicable minimum wage. However, the maximum hours
901	required per week for community service or work experience may
902	not exceed 40 hours.
903	(a)  A participant in a work activity may also be required
904	to enroll in and attend a course of instruction designed to
905	increase literacy skills to a level necessary for obtaining or
906	retaining employment if the instruction plus the work activity
907	does not require more than 40 hours per week.
908	(b)  Program funds may be used, as available, to support
909	the efforts of a participant who meets the work activity
910	requirements and who wishes to enroll in or continue enrollment
911	in an adult general education program or other training
912	programs.
913	Section 38.  Section 445.026, Florida Statutes, is amended
914	to read:
915	445.026  Cash assistance severance benefit.-An individual
916	who meets the criteria listed in this section may choose to
917	receive a lump-sum payment in lieu of ongoing cash assistance
918	payments, provided the individual:
919	(1)  Is employed and is receiving earnings.
920	(2)  Has received cash assistance for at least 6
921	consecutive months.
922	(3)  Expects to remain employed for at least 6 months.
923	(4)  Chooses to receive a one-time, lump-sum payment in
924	lieu of ongoing monthly payments.
925	(5)  Provides employment and earnings information to the
926	regional workforce board, so that the regional workforce board
927	can ensure that the family's eligibility for severance benefits
928	can be evaluated.
929	(6)  Signs an agreement not to apply for or accept cash
930	assistance for 6 months after receipt of the one-time payment.
931	In the event of an emergency, such agreement shall provide for
932	an exception to this restriction, provided that the one-time
933	payment shall be deducted from any cash assistance for which the
934	family subsequently is approved. This deduction may be prorated
935	over an 8-month period. The board of directors of Workforce
936	Florida, Inc., shall adopt criteria defining the conditions
937	under which a family may receive cash assistance due to such
938	emergency.
939
940	Such individual may choose to accept a one-time, lump-sum
941	payment of $1,000 in lieu of receiving ongoing cash assistance.
942	Such payment shall only count toward the time limitation for the
943	month in which the payment is made in lieu of cash assistance. A
944	participant choosing to accept such payment shall be terminated
945	from cash assistance. However, eligibility for Medicaid, food
946	assistance stamps, or child care shall continue, subject to the
947	eligibility requirements of those programs.
948	Section 39.  Subsection (2) of section 445.048, Florida
949	Statutes, is amended to read:
950	445.048  Passport to Economic Progress program.-
951	(2)  WAIVERS.-If Workforce Florida, Inc., in consultation
952	with the Department of Children and Family Services, finds that
953	federal waivers would facilitate implementation of the program,
954	the department shall immediately request such waivers, and
955	Workforce Florida, Inc., shall report to the Governor, the
956	President of the Senate, and the Speaker of the House of
957	Representatives if any refusal of the federal government to
958	grant such waivers prevents the implementation of the program.
959	If Workforce Florida, Inc., finds that federal waivers to
960	provisions of the Food Assistance Stamp Program would facilitate
961	implementation of the program, the Department of Children and
962	Family Services shall immediately request such waivers in
963	accordance with s. 414.175.
964	Section 40.  Paragraph (d) of subsection (1) of section
965	718.115, Florida Statutes, is amended to read:
966	718.115  Common expenses and common surplus.-
967	(1)
968	(d)  If so provided in the declaration, the cost of a
969	master antenna television system or duly franchised cable
970	television service obtained pursuant to a bulk contract shall be
971	deemed a common expense. If the declaration does not provide for
972	the cost of a master antenna television system or duly
973	franchised cable television service obtained under a bulk
974	contract as a common expense, the board may enter into such a
975	contract, and the cost of the service will be a common expense
976	but allocated on a per-unit basis rather than a percentage basis
977	if the declaration provides for other than an equal sharing of
978	common expenses, and any contract entered into before July 1,
979	1998, in which the cost of the service is not equally divided
980	among all unit owners, may be changed by vote of a majority of
981	the voting interests present at a regular or special meeting of
982	the association, to allocate the cost equally among all units.
983	The contract shall be for a term of not less than 2 years.
984	1.  Any contract made by the board after the effective date
985	hereof for a community antenna system or duly franchised cable
986	television service may be canceled by a majority of the voting
987	interests present at the next regular or special meeting of the
988	association. Any member may make a motion to cancel said
989	contract, but if no motion is made or if such motion fails to
990	obtain the required majority at the next regular or special
991	meeting, whichever is sooner, following the making of the
992	contract, then such contract shall be deemed ratified for the
993	term therein expressed.
994	2.  Any such contract shall provide, and shall be deemed to
995	provide if not expressly set forth, that any hearing-impaired or
996	legally blind unit owner who does not occupy the unit with a
997	non-hearing-impaired or sighted person, or any unit owner
998	receiving supplemental security income under Title XVI of the
999	Social Security Act or food assistance stamps as administered by
1000	the Department of Children and Family Services pursuant to s.
1001	414.31, may discontinue the service without incurring disconnect
1002	fees, penalties, or subsequent service charges, and, as to such
1003	units, the owners shall not be required to pay any common
1004	expenses charge related to such service. If less than all
1005	members of an association share the expenses of cable
1006	television, the expense shall be shared equally by all
1007	participating unit owners. The association may use the
1008	provisions of s. 718.116 to enforce payment of the shares of
1009	such costs by the unit owners receiving cable television.
1010	Section 41.  Paragraph (f) of subsection (1) of section
1011	817.568, Florida Statutes, is amended to read:
1012	817.568  Criminal use of personal identification
1013	information.-
1014	(1)  As used in this section, the term:
1015	(f)  "Personal identification information" means any name
1016	or number that may be used, alone or in conjunction with any
1017	other information, to identify a specific individual, including
1018	any:
1019	1.  Name, postal or electronic mail address, telephone
1020	number, social security number, date of birth, mother's maiden
1021	name, official state-issued or United States-issued driver's
1022	license or identification number, alien registration number,
1023	government passport number, employer or taxpayer identification
1024	number, Medicaid or food assistance stamp account number, bank
1025	account number, credit or debit card number, or personal
1026	identification number or code assigned to the holder of a debit
1027	card by the issuer to permit authorized electronic use of such
1028	card;
1029	2.  Unique biometric data, such as fingerprint, voice
1030	print, retina or iris image, or other unique physical
1031	representation;
1032	3.  Unique electronic identification number, address, or
1033	routing code;
1034	4.  Medical records;
1035	5.  Telecommunication identifying information or access
1036	device; or
1037	6.  Other number or information that can be used to access
1038	a person's financial resources.
1039	Section 42.  Paragraph (a) of subsection (3) of section
1040	921.0022, Florida Statutes, is amended to read:
1041	921.0022  Criminal Punishment Code; offense severity
1042	ranking chart.-
1043	(3)  OFFENSE SEVERITY RANKING CHART
1044	(a)  LEVEL 1
1045
	FloridaStatute FelonyDegree Description
1046
	24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
1047
	212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
1048
	212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $300 but less than $20,000.
1049
	316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
1050
	319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
1051
	319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
1052
	320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
1053
	322.212(1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver's license; possession of simulated identification.
1054
	322.212(4) 3rd Supply or aid in supplying unauthorized driver's license or identification card.
1055
	322.212(5)(a) 3rd False application for driver's license or identification card.
1056
	414.39(2) 3rd Unauthorized use, possession, forgery, or alteration of food assistance stamps, Medicaid ID, value greater than $200.
1057
	414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
1058
	443.071(1) 3rd False statement or representation to obtain or increase unemployment compensation benefits.
1059
	509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300.
1060
	517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
1061
	562.27(1) 3rd Possess still or still apparatus.
1062
	713.69 3rd Tenant removes property upon which lien has accrued, value more than $50.
1063
	812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
1064
	812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
1065
	815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
1066
	817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
1067
	817.569(2) 3rd Use of public record or public records information to facilitate commission of a felony.
1068
	826.01 3rd Bigamy.
1069
	828.122(3) 3rd Fighting or baiting animals.
1070
	831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
1071
	831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
1072
	832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
1073
	832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
1074
	838.15(2) 3rd Commercial bribe receiving.
1075
	838.16 3rd Commercial bribery.
1076
	843.18 3rd Fleeing by boat to elude a law enforcement officer.
1077
	847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
1078
	849.01 3rd Keeping gambling house.
1079
	849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
1080
	849.23 3rd Gambling-related machines; "common offender" as to property rights.
1081
	849.25(2) 3rd Engaging in bookmaking.
1082
	860.08 3rd Interfere with a railroad signal.
1083
	860.13(1)(a) 3rd Operate aircraft while under the influence.
1084
	893.13(2)(a)2. 3rd Purchase of cannabis.
1085
	893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
1086
	934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
1087
1088	Section 43.  Paragraph (a) of subsection (1) of section
1089	943.401, Florida Statutes, is amended to read:
1090	943.401  Public assistance fraud.-
1091	(1)(a)  The Department of Law Enforcement shall investigate
1092	all public assistance provided to residents of the state or
1093	provided to others by the state. In the course of such
1094	investigation the Department of Law Enforcement shall examine
1095	all records, including electronic benefits transfer records and
1096	make inquiry of all persons who may have knowledge as to any
1097	irregularity incidental to the disbursement of public moneys,
1098	food assistance stamps, or other items or benefits
1099	authorizations to recipients.
1100	Section 44.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.