Florida Senate - 2024                                    SB 7052
       
       
        
       By the Committee on Children, Families, and Elder Affairs
       
       
       
       
       
       586-02949-24                                          20247052__
    1                        A bill to be entitled                      
    2         An act relating to economic self-sufficiency; amending
    3         s. 414.065, F.S.; providing that a participant has
    4         good cause for noncompliance with work requirements
    5         for a specified time period under certain
    6         circumstances; making technical changes; amending s.
    7         414.105, F.S.; providing requirements for staff
    8         members of local workforce development boards when
    9         interviewing participants; amending s. 414.455, F.S.;
   10         requiring certain persons to participate in an
   11         employment and training program; making a technical
   12         change; amending s. 445.009, F.S.; requiring benefit
   13         management and career planning using a specified tool
   14         as part of the state’s one-stop delivery system;
   15         amending s. 445.011, F.S.; requiring the Department of
   16         Commerce to develop certain training; conforming
   17         provisions to changes made by the act; making a
   18         technical change; amending s. 445.017, F.S.; requiring
   19         a local workforce development board to administer an
   20         intake survey; amending s. 445.024, F.S.; authorizing
   21         certain participants to participate in certain
   22         programs or courses for a specified number of hours
   23         per week; authorizing the Department of Commerce to
   24         suspend certain work requirements under certain
   25         circumstances; requiring the department to issue
   26         notice to participants under certain circumstances;
   27         amending s. 445.028, F.S.; requiring the Department of
   28         Children and Families to administer an exit survey;
   29         making technical changes; creating s. 445.0281, F.S.;
   30         providing voluntary case management services to
   31         certain persons for specified purposes; providing
   32         requirements for such case management services and
   33         case managers; amending s. 445.035, F.S.; requiring
   34         CareerSource Florida, Inc., in collaboration with
   35         other entities, to develop standardized intake and
   36         exit surveys for specified purposes; specifying when
   37         such surveys must be administered; providing
   38         requirements for such surveys; requiring completed
   39         surveys to be submitted to CareerSource Florida, Inc.,
   40         and disseminated quarterly to certain departments;
   41         requiring the Department of Commerce, in consultation
   42         with other entities, to prepare and submit an annual
   43         report to the Legislature; providing requirements for
   44         such report; providing an effective date.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Subsection (1) of section 414.065, Florida
   49  Statutes, is amended to read:
   50         414.065 Noncompliance with work requirements.—
   51         (1) PENALTIES FOR NONPARTICIPATION IN WORK REQUIREMENTS AND
   52  FAILURE TO COMPLY WITH ALTERNATIVE REQUIREMENT PLANS.—The
   53  department shall establish procedures for administering
   54  penalties for nonparticipation in work requirements and failure
   55  to comply with the alternative requirement plan. If an
   56  individual in a family receiving temporary cash assistance fails
   57  to engage in work activities required in accordance with s.
   58  445.024, the following penalties shall apply. Before Prior to
   59  the imposition of a sanction, the participant must shall be
   60  notified orally or in writing that the participant is subject to
   61  sanction and that action will be taken to impose the sanction
   62  unless the participant complies with the work activity
   63  requirements. The participant must shall be counseled as to the
   64  consequences of noncompliance and, if appropriate, shall be
   65  referred for services that could assist the participant to fully
   66  comply with program requirements. If the participant has good
   67  cause for noncompliance or demonstrates satisfactory compliance,
   68  the sanction may shall not be imposed. If the requirements of s.
   69  445.024(2)(a)1. are suspended pursuant to s. 445.024(2)(a)2., a
   70  participant in noncompliance because of such suspension is
   71  considered to have good cause for noncompliance for up to 6
   72  weeks after the change in the participant’s work requirements.
   73  If the participant has subsequently obtained employment, the
   74  participant must shall be counseled regarding the transitional
   75  benefits that may be available and provided information about
   76  how to access such benefits. The department shall administer
   77  sanctions related to food assistance consistent with federal
   78  regulations.
   79         (a)1. First noncompliance: temporary cash assistance is
   80  shall be terminated for the family for a minimum of 10 days or
   81  until the individual who failed to comply does so.
   82         2. Second noncompliance: temporary cash assistance is shall
   83  be terminated for the family for 1 month or until the individual
   84  who failed to comply does so, whichever is later. Upon meeting
   85  this requirement, temporary cash assistance must shall be
   86  reinstated to the date of compliance or the first day of the
   87  month following the penalty period, whichever is later.
   88         3. Third noncompliance: temporary cash assistance is shall
   89  be terminated for the family for 3 months or until the
   90  individual who failed to comply does so, whichever is later. The
   91  individual must shall be required to comply with the required
   92  work activity upon completion of the 3-month penalty period,
   93  before reinstatement of temporary cash assistance. Upon meeting
   94  this requirement, temporary cash assistance must shall be
   95  reinstated to the date of compliance or the first day of the
   96  month following the penalty period, whichever is later.
   97         (b) If a participant receiving temporary cash assistance
   98  who is otherwise exempted from noncompliance penalties fails to
   99  comply with the alternative requirement plan required in
  100  accordance with this section, the penalties provided in
  101  paragraph (a) shall apply.
  102  
  103  If a participant fully complies with work activity requirements
  104  for at least 6 months, the participant must shall be reinstated
  105  as being in full compliance with program requirements for
  106  purpose of sanctions imposed under this section.
  107         Section 2. Subsection (10) of section 414.105, Florida
  108  Statutes, is amended to read:
  109         414.105 Time limitations of temporary cash assistance.
  110  Except as otherwise provided in this section, an applicant or
  111  current participant shall receive temporary cash assistance for
  112  no more than a lifetime cumulative total of 48 months, unless
  113  otherwise provided by law.
  114         (10) A member of the staff of the local workforce
  115  development board shall interview and assess the employment
  116  prospects and barriers of each participant who is within 6
  117  months of reaching the 48-month time limit. The staff member
  118  shall do all of the following:
  119         (a)Administer the exit survey required under s.
  120  445.035(2).
  121         (b)Use a tool to demonstrate future financial impacts of
  122  the participant’s change in income and benefits over time.
  123         (c) Assist the participant in identifying actions necessary
  124  to become employed before reaching the benefit time limit for
  125  temporary cash assistance.
  126         (d)and, If appropriate, shall refer the participant for
  127  services that could facilitate employment, including, but not
  128  limited to, transitional benefits and services.
  129         Section 3. Section 414.455, Florida Statutes, is amended to
  130  read:
  131         414.455 Supplemental Nutrition Assistance Program;
  132  legislative authorization.—
  133         (1) Notwithstanding s. 414.45, and unless expressly
  134  required by federal law, the department must shall obtain
  135  specific authorization from the Legislature before seeking,
  136  applying for, accepting, or renewing any waiver of work
  137  requirements established by the Supplemental Nutrition
  138  Assistance Program under 7 U.S.C. s. 2015(o).
  139         (2)Unless prohibited by the Federal Government, the
  140  department must require a person who is receiving food
  141  assistance; who is 18 to 59 years of age, inclusive; who does
  142  not have children under the age of 18 in his or her home; who
  143  does not qualify for an exemption; and who is determined by the
  144  department to be eligible, to participate in an employment and
  145  training program.
  146         Section 4. Present paragraph (k) of subsection (1) of
  147  section 445.009, Florida Statutes, is redesignated as paragraph
  148  (l), and a new paragraph (k) is added to that subsection, to
  149  read:
  150         445.009 One-stop delivery system.—
  151         (1) The one-stop delivery system is the state’s primary
  152  customer-service strategy for offering every Floridian access,
  153  through service sites or telephone or computer networks, to the
  154  following services:
  155         (k) Benefit management and career planning using a tool to
  156  demonstrate future financial impacts of the participant’s change
  157  in income and benefits over time.
  158         Section 5. Subsections (1) and (5) of section 445.011,
  159  Florida Statutes, are amended to read:
  160         445.011 Consumer-first workforce system.—
  161         (1) The department, in consultation with the state board,
  162  the Department of Education, and the Department of Children and
  163  Families, shall implement, subject to legislative appropriation,
  164  an automated consumer-first workforce system that improves
  165  coordination among required one-stop partners and is necessary
  166  for the efficient and effective operation and management of the
  167  workforce development system. This system must shall include,
  168  but is need not be limited to, the following:
  169         (a) An integrated management system for the one-stop
  170  service delivery system, which includes, at a minimum, common
  171  registration and intake for required one-stop partners,
  172  screening for needs and benefits, benefit management and career
  173  planning using a tool to demonstrate future financial impacts of
  174  the participant’s change in income and benefits over time, case
  175  management, training benefits management, service and training
  176  provider management, performance reporting, executive
  177  information and reporting, and customer-satisfaction tracking
  178  and reporting.
  179         1. The system should report current budgeting, expenditure,
  180  and performance information for assessing performance related to
  181  outcomes, service delivery, and financial administration for
  182  workforce programs pursuant to s. 445.004(5) and (9).
  183         2. The system should include auditable systems and controls
  184  to ensure financial integrity and valid and reliable performance
  185  information.
  186         3. The system should support service integration and case
  187  management across programs and agencies by providing for case
  188  tracking for participants in workforce programs, participants
  189  who receive benefits pursuant to public assistance programs
  190  under chapter 414, and participants in welfare transition
  191  programs under this chapter.
  192         (b) An automated job-matching information system that is
  193  accessible to employers, job seekers, and other users via the
  194  Internet, and that includes, at a minimum, all of the following:
  195         1. Skill match information, including skill gap analysis;
  196  resume creation; job order creation; skill tests; job search by
  197  area, employer type, and employer name; and training provider
  198  linkage.;
  199         2. Job market information based on surveys, including
  200  local, state, regional, national, and international occupational
  201  and job availability information.; and
  202         3. Service provider information, including education and
  203  training providers, child care facilities and related
  204  information, health and social service agencies, and other
  205  providers of services that would be useful to job seekers.
  206         (5) The department shall develop training for required one
  207  stop partners on the use of the consumer-first workforce system,
  208  best practices for the use of a tool demonstrating future
  209  financial impacts of the participant’s change in income and
  210  benefits over time, the different case management methods, the
  211  availability of welfare transition services, and how to
  212  prequalify individuals for workforce programs.
  213         Section 6. Subsection (4) of section 445.017, Florida
  214  Statutes, is amended to read:
  215         445.017 Diversion.—
  216         (4)(a) The local workforce development board shall screen
  217  each family on a case-by-case basis for barriers to obtaining or
  218  retaining employment. The screening must shall identify barriers
  219  that, if corrected, may prevent the family from receiving
  220  temporary cash assistance on a regular basis. At the time of
  221  screening, the local workforce development board shall
  222  administer the intake survey required under s. 445.035(2).
  223         (b) Assistance to overcome a barrier to employment is not
  224  limited to cash, but may include vouchers or other in-kind
  225  benefits.
  226         Section 7. Subsection (2) of section 445.024, Florida
  227  Statutes, is amended to read:
  228         445.024 Work requirements.—
  229         (2) WORK ACTIVITY REQUIREMENTS.—Each individual who is not
  230  otherwise exempt from work activity requirements must
  231  participate in a work activity for the maximum number of hours
  232  allowable under federal law; however, a participant may not be
  233  required to work more than 40 hours per week. The maximum number
  234  of hours each month that a family may be required to participate
  235  in community service or work experience programs is the number
  236  of hours that would result from dividing the family’s monthly
  237  amount for temporary cash assistance and food assistance by the
  238  applicable minimum wage. However, the maximum hours required per
  239  week for community service or work experience may not exceed 40
  240  hours.
  241         (a)1.A participant who has not earned a high school
  242  diploma or its equivalent may participate in adult general
  243  education, as defined in s. 1004.02(3), or a high school
  244  equivalency examination preparation, as defined in s.
  245  1004.02(16). A participant must participate in such program or
  246  course for at least 20 hours per week in order to satisfy the
  247  participant’s work activity requirement.
  248         2.If the state’s TANF work participation rate, as provided
  249  by federal law, does not exceed the federal minimum work
  250  participation rate by 10 percentage points in any month, the
  251  requirements of this subsection may be suspended by the
  252  department until the work participation rate exceeds the federal
  253  minimum work participation rate by 10 percentage points for at
  254  least 3 consecutive months.
  255         3.If the requirements of this subsection are suspended,
  256  the department must issue notice to the affected participants of
  257  the changed work requirements within 5 days after the change in
  258  such work requirements.
  259         (b)(a) A participant in a work activity may also be
  260  required to enroll in and attend a course of instruction
  261  designed to increase literacy skills to a level necessary for
  262  obtaining or retaining employment if the instruction plus the
  263  work activity does not require more than 40 hours per week.
  264         (c)(b) Program funds may be used, as available, to support
  265  the efforts of a participant who meets the work activity
  266  requirements and who wishes to enroll in or continue enrollment
  267  in an adult general education program or other training
  268  programs.
  269         Section 8. Subsections (1) and (2) of section 445.028,
  270  Florida Statutes, are amended to read:
  271         445.028 Transitional benefits and services.—In cooperation
  272  with the department, the Department of Children and Families
  273  shall develop procedures to ensure that families leaving the
  274  temporary cash assistance program receive transitional benefits
  275  and services that will assist the family in moving toward self
  276  sufficiency. At a minimum, such procedures must include, but are
  277  not limited to, the following:
  278         (1) Each recipient of cash assistance who is determined
  279  ineligible for cash assistance for a reason other than a work
  280  activity sanction must shall be contacted by the workforce
  281  system case manager and provided information about the
  282  availability of transitional benefits and services. Such contact
  283  must include the administration of the exit survey required
  284  under s. 445.035(2) and shall be attempted before prior to
  285  closure of the case management file.
  286         (2) Each recipient of temporary cash assistance who is
  287  determined ineligible for cash assistance due to noncompliance
  288  with the work activity requirements must shall be contacted and
  289  provided information in accordance with s. 414.065(1). Such
  290  contact must include the administration of the exit survey
  291  required under s. 445.035(2).
  292         Section 9. Section 445.0281, Florida Statutes, is created
  293  to read:
  294         445.0281 Transitional case management.—Each recipient of
  295  cash assistance who is determined ineligible for cash assistance
  296  for a reason other than noncompliance with work activity
  297  requirements is eligible for voluntary case management services
  298  administered by the local workforce development board. Case
  299  management services must be available to support families who
  300  transition to economic self-sufficiency and to mitigate
  301  dependency on cash assistance. Case management services must
  302  include, but are not limited to, career planning, job search
  303  assistance, resume building, basic financial planning,
  304  connection to support services, and benefits management using a
  305  tool to demonstrate future financial impacts of the
  306  participant’s change in income and benefits over time, as
  307  applicable. Case managers must connect recipients to other
  308  transitional benefits as needed.
  309         Section 10. Section 445.035, Florida Statutes, is amended
  310  to read:
  311         445.035 Data collection and reporting.—
  312         (1) The Department of Children and Families and the state
  313  board shall collect data necessary to administer this chapter
  314  and make the reports required under federal law to the United
  315  States Department of Health and Human Services and the United
  316  States Department of Agriculture.
  317         (2)CareerSource Florida, Inc., in collaboration with the
  318  department, the Department of Children and Families, and the
  319  local workforce development boards, shall develop standardized
  320  intake and exit surveys for the purpose of collecting and
  321  aggregating data to monitor program effectiveness, inform
  322  program improvements, and allocate resources.
  323         (a)The intake survey must be administered by the local
  324  workforce development boards during the required diversion
  325  screening process under s. 445.017. The intake survey must be
  326  administered to each new recipient of temporary cash assistance
  327  under chapter 414 who has not otherwise completed the survey.
  328         (b)The intake survey must, at a minimum, collect
  329  qualitative or quantitative data, as applicable, relating to all
  330  of the following:
  331         1.The recipient’s perceived individual barriers to
  332  employment.
  333         2.The reasons cited by the recipient for his or her
  334  separation from employment in the previous 12 months.
  335         3.The recipient’s stated goals for employment or
  336  professional development.
  337         4.The recipient’s highest level of education or
  338  credentials attained or training received at the time of
  339  enrollment.
  340         5.The recipient’s awareness of welfare transition
  341  services.
  342         (c)The exit survey must be administered by the local
  343  workforce development boards to recipients of temporary cash
  344  assistance under chapter 414 as recipients prepare to transition
  345  off of temporary cash assistance. Based on a recipient’s
  346  circumstances, the exit survey must be administered to the
  347  recipient at one of the following points of contact:
  348         1.The recipient is approaching the statutory time
  349  limitation for temporary cash assistance and is interviewed
  350  pursuant to s. 414.105(10); or
  351         2.At such time when the recipient becomes ineligible for
  352  cash assistance and is contacted pursuant to s. 445.028.
  353         (d)The exit survey must, at a minimum, collect data
  354  relating to all of the following:
  355         1.The recipient’s enrollment in other public benefits
  356  programs at the time of exit.
  357         2.Whether the recipient has a long-term career plan.
  358         3.The recipient’s credentials or education attained or
  359  training received during enrollment.
  360         4.Barriers to the recipient’s employment which were
  361  addressed during enrollment.
  362         5.Any remaining barriers to the recipient’s employment.
  363         (e)The completed surveys must be submitted to CareerSource
  364  Florida, Inc., and anonymized data must be disseminated
  365  quarterly to the department and the Department of Children and
  366  Families.
  367         (f)The department, in consultation with CareerSource
  368  Florida, Inc., and the Department of Children and Families,
  369  shall prepare and submit to the President of the Senate and the
  370  Speaker of the House of Representatives a report by January 1 of
  371  each year. The report must include, at a minimum, the results of
  372  the intake and exit surveys, an analysis of the barriers to
  373  employment experienced by the survey respondents, and any
  374  recommendations for legislative and administrative changes to
  375  mitigate such barriers and improve the effective use of
  376  transitional benefits.
  377         Section 11. This act shall take effect July 1, 2024.