HB 813

1	A bill to be entitled
2	An act relating to eligibility for temporary cash
3	assistance and food assistance; amending s. 414.095,
4	F.S.; prohibiting an individual convicted of a felony
5	offense from receiving temporary cash assistance or
6	food assistance under certain conditions; providing
7	conditions under which a person with a felony
8	conviction may resume receiving such assistance;
9	providing for designation of an alternative payee
10	under certain circumstances; amending ss. 409.2564,
11	409.902, 414.045, 414.0652, and 414.0655, F.S.;
12	conforming cross-references; providing an effective
13	date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Present subsections (2) through (18) of section
18	414.095, Florida Statutes, are renumbered as subsections (3)
19	through (19), respectively, subsection (1), paragraph (a) of
20	present subsection (2), paragraphs (c) and (e) of present
21	subsection (14), and present subsection (17) are amended, and a
22	new subsection (2) is added to that section, to read:
23	414.095  Determining eligibility for temporary cash and
24	food assistance.-
25	(1)  ELIGIBILITY FOR TEMPORARY CASH ASSISTANCE.-An
26	applicant must meet eligibility requirements of this section
27	before receiving services or temporary cash assistance under
28	this chapter, except that an applicant shall be required to
29	register for work and engage in work activities in accordance
30	with s. 445.024, as designated by the regional workforce board,
31	and may receive support services or child care assistance in
32	conjunction with such requirement. The department shall make a
33	determination of eligibility based on the criteria listed in
34	this chapter. The department shall monitor continued eligibility
35	for temporary cash assistance through periodic reviews
36	consistent with the food assistance eligibility process.
37	Benefits shall not be denied to an individual solely based on a
38	felony drug conviction, unless the conviction is for trafficking
39	pursuant to s. 893.135. To be eligible under this section, an
40	individual convicted of a drug felony must be satisfactorily
41	meeting the requirements of the temporary cash assistance
42	program, including all substance abuse treatment requirements.
43	Within the limits specified in this chapter, the state opts out
44	of the provision of Pub. L. No. 104-193, s. 115, that eliminates
45	eligibility for temporary cash assistance and food assistance
46	for any individual convicted of a controlled substance felony.
47	(2)  INELIGIBILITY DUE TO FELONY CONVICTION.-Pursuant to
48	Pub. L. No. 104-193, s. 115, on or after July 1, 2012, an
49	individual convicted of an offense classified as a felony for
50	possession of a controlled substance, as defined in the
51	Controlled Substances Act, 21 U.S.C., s. 802(6), or pursuant to
52	s. 893.135, is not eligible for temporary cash assistance or
53	food assistance unless the department receives verification that
54	the individual has satisfactorily completed a treatment program
55	or regimen for drug addiction or drug abuse. An individual who
56	has a felony conviction for drug trafficking is not eligible for
57	temporary cash assistance or food assistance. If the individual
58	is deemed ineligible for temporary cash assistance or food
59	assistance as a result of a felony drug conviction, an
60	appropriate alternate payee shall be designated to receive the
61	assistance on behalf of the other members of the assistance
62	group.
63	(3)(2)  ADDITIONAL ELIGIBILITY REQUIREMENTS.-
64	(a)  To be eligible for services or temporary cash
65	assistance and Medicaid:
66	1.  An applicant must be a United States citizen, or a
67	qualified noncitizen, as defined in this section.
68	2.  An applicant must be a legal resident of the state.
69	3.  Each member of a family must provide to the department
70	the member's social security number or shall provide proof of
71	application for a social security number. An individual who
72	fails to provide a social security number, or proof of
73	application for a social security number, is not eligible to
74	participate in the program.
75	4.  A minor child must reside with a parent or parents,
76	with a relative caretaker who is within the specified degree of
77	blood relationship as defined by 45 C.F.R. part 233, or, if the
78	minor is a teen parent with a child, in a setting approved by
79	the department as provided in subsection (15) (14).
80	5.  Each family must have a minor child and meet the income
81	and resource requirements of the program. All minor children who
82	live in the family, as well as the parents of the minor
83	children, shall be included in the eligibility determination
84	unless specifically excluded.
85	(15)(14)  PROHIBITIONS AND RESTRICTIONS.-
86	(c)  The teen parent is not required to live with a parent,
87	legal guardian, or other adult caretaker relative if the
88	department determines that:
89	1.  The teen parent has suffered or might suffer harm in
90	the home of the parent, legal guardian, or adult caretaker
91	relative.
92	2.  The requirement is not in the best interest of the teen
93	parent or the child. If the department determines that it is not
94	in the best interest of the teen parent or child to reside with
95	a parent, legal guardian, or other adult caretaker relative, the
96	department shall provide or assist the teen parent in finding a
97	suitable home, a second-chance home, a maternity home, or other
98	appropriate adult-supervised supportive living arrangement. Such
99	living arrangement may include a shelter obligation in
100	accordance with subsection (11) (10).
101
102	The department may not delay providing temporary cash assistance
103	to the teen parent through the alternative payee designated by
104	the department pending a determination as to where the teen
105	parent should live and sufficient time for the move itself. A
106	teen parent determined to need placement that is unavailable
107	shall continue to be eligible for temporary cash assistance so
108	long as the teen parent cooperates with the department and the
109	Department of Health. The teen parent shall be provided with
110	counseling to make the transition from independence to
111	supervised living and with a choice of living arrangements.
112	(e)  If a parent or caretaker relative does not assign any
113	rights a family member may have to support from any other person
114	as required by subsection (8) (7), temporary cash assistance to
115	the entire family shall be denied until the parent or caretaker
116	relative assigns the rights to the department.
117	(17)(16)  PROPORTIONAL REDUCTION.-If the Social Services
118	Estimating Conference forecasts an increase in the temporary
119	cash assistance caseload and there is insufficient funding, a
120	proportional reduction as determined by the department shall be
121	applied to the levels of temporary cash assistance in subsection
122	(11) (10).
123	Section 2.  Paragraph (a) of subsection (11) of section
124	409.2564, Florida Statutes, is amended to read:
125	409.2564  Actions for support.-
126	(11)(a)  The Department of Revenue shall review child
127	support orders in IV-D cases at least once every 3 years when
128	requested by either party, or when support rights are assigned
129	to the state under s. 414.095(8) 414.095(7), and may seek
130	modification of the order if appropriate under the child support
131	guidelines in s. 61.30. Not less than once every 3 years the
132	department shall provide notice to the parties subject to the
133	order informing them of their right to request a review and, if
134	appropriate, a modification of the child support order. The
135	notice requirement may be met by including appropriate language
136	in the initial support order or any subsequent orders.
137	Section 3.  Subsection (2) of section 409.902, Florida
138	Statutes, is amended to read:
139	409.902  Designated single state agency; payment
140	requirements; program title; release of medical records.-
141	(2)  Eligibility is restricted to United States citizens
142	and to lawfully admitted noncitizens who meet the criteria
143	provided in s. 414.095(4) 414.095(3).
144	(a)  Citizenship or immigration status must be verified.
145	For noncitizens, this includes verification of the validity of
146	documents with the United States Citizenship and Immigration
147	Services using the federal SAVE verification process.
148	(b)  State funds may not be used to provide medical
149	services to individuals who do not meet the requirements of this
150	subsection unless the services are necessary to treat an
151	emergency medical condition or are for pregnant women. Such
152	services are authorized only to the extent provided under
153	federal law and in accordance with federal regulations as
154	provided in 42 C.F.R. s. 440.255.
155	Section 4.  Paragraph (b) of subsection (1) of section
156	414.045, Florida Statutes, is amended to read:
157	414.045  Cash assistance program.-Cash assistance families
158	include any families receiving cash assistance payments from the
159	state program for temporary assistance for needy families as
160	defined in federal law, whether such funds are from federal
161	funds, state funds, or commingled federal and state funds. Cash
162	assistance families may also include families receiving cash
163	assistance through a program defined as a separate state
164	program.
165	(1)  For reporting purposes, families receiving cash
166	assistance shall be grouped into the following categories. The
167	department may develop additional groupings in order to comply
168	with federal reporting requirements, to comply with the data-
169	reporting needs of the board of directors of Workforce Florida,
170	Inc., or to better inform the public of program progress.
171	(b)  Child-only cases.-Child-only cases include cases that
172	do not have an adult or teen head of household as defined in
173	federal law. Such cases include:
174	1.  Children in the care of caretaker relatives where the
175	caretaker relatives choose to have their needs excluded in the
176	calculation of the amount of cash assistance.
177	2.  Families in the Relative Caregiver Program as provided
178	in s. 39.5085.
179	3.  Families in which the only parent in a single-parent
180	family or both parents in a two-parent family receive
181	supplemental security income (SSI) benefits under Title XVI of
182	the Social Security Act, as amended. To the extent permitted by
183	federal law, individuals receiving SSI shall be excluded as
184	household members in determining the amount of cash assistance,
185	and such cases shall not be considered families containing an
186	adult. Parents or caretaker relatives who are excluded from the
187	cash assistance group due to receipt of SSI may choose to
188	participate in work activities. An individual who volunteers to
189	participate in work activity but whose ability to participate in
190	work activities is limited shall be assigned to work activities
191	consistent with such limitations. An individual who volunteers
192	to participate in a work activity may receive child care or
193	support services consistent with such participation.
194	4.  Families where the only parent in a single-parent
195	family or both parents in a two-parent family are not eligible
196	for cash assistance due to immigration status or other
197	limitation of federal law. To the extent required by federal
198	law, such cases shall not be considered families containing an
199	adult.
200	5.  To the extent permitted by federal law and subject to
201	appropriations, special needs children who have been adopted
202	pursuant to s. 409.166 and whose adopting family qualifies as a
203	needy family under the state program for temporary assistance
204	for needy families. Notwithstanding any provision to the
205	contrary in s. 414.075, s. 414.085, or s. 414.095, a family
206	shall be considered a needy family if:
207	a.  The family is determined by the department to have an
208	income below 200 percent of the federal poverty level;
209	b.  The family meets the requirements of s. 414.095(3) and
210	(4) 414.095(2) and (3) related to residence, citizenship, or
211	eligible noncitizen status; and
212	c.  The family provides any information that may be
213	necessary to meet federal reporting requirements specified under
214	Part A of Title IV of the Social Security Act.
215
216	Families described in subparagraph 1., subparagraph 2., or
217	subparagraph 3. may receive child care assistance or other
218	supports or services so that the children may continue to be
219	cared for in their own homes or the homes of relatives. Such
220	assistance or services may be funded from the temporary
221	assistance for needy families block grant to the extent
222	permitted under federal law and to the extent funds have been
223	provided in the General Appropriations Act.
224	Section 5.  Paragraph (c) of subsection (2) of section
225	414.0652, Florida Statutes, is amended to read:
226	414.0652  Drug screening for applicants for Temporary
227	Assistance for Needy Families.-
228	(2)  The department shall:
229	(c)  Require that any teen parent who is not required to
230	live with a parent, legal guardian, or other adult caretaker
231	relative in accordance with s. 414.095(15)(c) 414.095(14)(c)
232	must comply with the drug-testing requirement.
233	Section 6.  Subsection (2) of section 414.0655, Florida
234	Statutes, is amended to read:
235	414.0655  Medical incapacity due to substance abuse or
236	mental health impairment.-
237	(2)  Notwithstanding any provision of s. 414.095(3)(a)4. or
238	5. 414.095(2)(a)4. or 5. to the contrary, a participant who is
239	absent from the home due to out-of-home residential treatment
240	for not more than 150 days shall continue to be a member of the
241	assistance group whether or not the child or children for whom
242	the participant is the parent or caretaker relative are living
243	in the residential treatment center.
244	Section 7.  This act shall take effect July 1, 2012.

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