Florida Senate - 2010                                    SB 1306
       By Senator Storms
       10-00778A-10                                          20101306__
    1                        A bill to be entitled                      
    2         An act relating to the food assistance program;
    3         amending ss. 97.021, 402.33, 409.2554, 409.2576,
    4         409.942, 414.0252, 414.065, 414.075, 414.085, 414.095,
    5         414.14, 414.175, 414.31, 414.32, 414.33, 414.34,
    6         414.35, 414.36, 414.39, 414.41, 420.624, 430.2053,
    7         445.004, 445.009, 445.024, 445.026, 445.048, 718.115,
    8         817.568, 921.0022, and 943.401, F.S.; conforming
    9         provisions to comply with nomenclature changes made to
   10         the program by the Federal Government; providing an
   11         effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Subsection (29) of section 97.021, Florida
   16  Statutes, is amended to read:
   17         97.021 Definitions.—For the purposes of this code, except
   18  where the context clearly indicates otherwise, the term:
   19         (29) “Public assistance” means assistance provided through
   20  the food assistance stamp program under the federal Supplemental
   21  Nutrition Assistance Program; the Medicaid program; the Special
   22  Supplemental Food Program for Women, Infants, and Children; and
   23  the Temporary Cash Assistance WAGES Program.
   24         Section 2. Paragraph (g) of subsection (1) of section
   25  402.33, Florida Statutes, is amended to read:
   26         402.33 Department authority to charge fees for services
   27  provided.—
   28         (1) As used in this section, the term:
   29         (g) “State and federal aid” means cash assistance or cash
   30  equivalent benefits based on an individual’s proof of financial
   31  need, including, but not limited to, temporary cash assistance
   32  and food assistance stamps.
   33         Section 3. Subsection (8) of section 409.2554, Florida
   34  Statutes, is amended to read:
   35         409.2554 Definitions; ss. 409.2551-409.2598.—As used in ss.
   36  409.2551-409.2598, the term:
   37         (8) “Public assistance” means money assistance paid on the
   38  basis of Title IV-E and Title XIX of the Social Security Act,
   39  temporary cash assistance, or food assistance benefits stamps
   40  received on behalf of a child under 18 years of age who has an
   41  absent parent.
   42         Section 4. Paragraph (a) of subsection (9) of section
   43  409.2576, Florida Statutes, is amended to read:
   44         409.2576 State Directory of New Hires.—
   46         (a) New hire information shall be disclosed to the state
   47  agency administering the following programs for the purposes of
   48  determining eligibility under those programs:
   49         1. Any state program funded under part A of Title IV of the
   50  Social Security Act;
   51         2. The Medicaid program under Title XIX of the Social
   52  Security Act;
   53         3. The unemployment compensation program under s. 3304 of
   54  the Internal Revenue Code of 1954;
   55         4. The food assistance stamp program under the Food and
   56  Nutrition Act of 2008 Food Stamp Act of 1977; and
   57         5. Any state program under a plan approved under Title I
   58  (Old-Age Assistance for the Aged), Title X (Aid to the Blind),
   59  Title XIV (Aid to the Permanently and Totally Disabled), or
   60  Title XVI (Aid to the Aged, Blind, or Disabled; Supplemental
   61  Security Income for the Aged, Blind, and Disabled) of the Social
   62  Security Act.
   63         Section 5. Subsection (1) of section 409.942, Florida
   64  Statutes, is amended to read:
   65         409.942 Electronic benefit transfer program.—
   66         (1) The Department of Children and Family Services shall
   67  establish an electronic benefit transfer program for the
   68  dissemination of food assistance stamp benefits and temporary
   69  cash assistance payments, including refugee cash assistance
   70  payments, asylum applicant payments, and child support disregard
   71  payments. If the Federal Government does not enact legislation
   72  or regulations providing for dissemination of supplemental
   73  security income by electronic benefit transfer, the state may
   74  include supplemental security income in the electronic benefit
   75  transfer program.
   76         Section 6. Subsection (10) of section 414.0252, Florida
   77  Statutes, is amended to read:
   78         414.0252 Definitions.—As used in ss. 414.025-414.55, the
   79  term:
   80         (10) “Public assistance” means benefits paid on the basis
   81  of the temporary cash assistance, food assistance stamp,
   82  Medicaid, or optional state supplementation program.
   83         Section 7. Subsections (1), (2), and (3) of section
   84  414.065, Florida Statutes, are amended to read:
   85         414.065 Noncompliance with work requirements.—
   88  department shall establish procedures for administering
   89  penalties for nonparticipation in work requirements and failure
   90  to comply with the alternative requirement plan. If an
   91  individual in a family receiving temporary cash assistance fails
   92  to engage in work activities required in accordance with s.
   93  445.024, the following penalties shall apply. Prior to the
   94  imposition of a sanction, the participant shall be notified
   95  orally or in writing that the participant is subject to sanction
   96  and that action will be taken to impose the sanction unless the
   97  participant complies with the work activity requirements. The
   98  participant shall be counseled as to the consequences of
   99  noncompliance and, if appropriate, shall be referred for
  100  services that could assist the participant to fully comply with
  101  program requirements. If the participant has good cause for
  102  noncompliance or demonstrates satisfactory compliance, the
  103  sanction shall not be imposed. If the participant has
  104  subsequently obtained employment, the participant shall be
  105  counseled regarding the transitional benefits that may be
  106  available and provided information about how to access such
  107  benefits. The department shall administer sanctions related to
  108  food assistance stamps consistent with federal regulations.
  109         (a)1. First noncompliance: temporary cash assistance shall
  110  be terminated for the family for a minimum of 10 days or until
  111  the individual who failed to comply does so.
  112         2. Second noncompliance: temporary cash assistance shall be
  113  terminated for the family for 1 month or until the individual
  114  who failed to comply does so, whichever is later. Upon meeting
  115  this requirement, temporary cash assistance shall be reinstated
  116  to the date of compliance or the first day of the month
  117  following the penalty period, whichever is later.
  118         3. Third noncompliance: temporary cash assistance shall be
  119  terminated for the family for 3 months or until the individual
  120  who failed to comply does so, whichever is later. The individual
  121  shall be required to comply with the required work activity upon
  122  completion of the 3-month penalty period, before reinstatement
  123  of temporary cash assistance. Upon meeting this requirement,
  124  temporary cash assistance shall be reinstated to the date of
  125  compliance or the first day of the month following the penalty
  126  period, whichever is later.
  127         (b) If a participant receiving temporary cash assistance
  128  who is otherwise exempted from noncompliance penalties fails to
  129  comply with the alternative requirement plan required in
  130  accordance with this section, the penalties provided in
  131  paragraph (a) shall apply.
  133  If a participant fully complies with work activity requirements
  134  for at least 6 months, the participant shall be reinstated as
  135  being in full compliance with program requirements for purpose
  136  of sanctions imposed under this section.
  139         (a) Upon the second or third occurrence of noncompliance,
  140  temporary cash assistance and food assistance stamps for the
  141  child or children in a family who are under age 16 may be
  142  continued. Any such payments must be made through a protective
  143  payee or, in the case of food assistance stamps, through an
  144  authorized representative. Under no circumstances shall
  145  temporary cash assistance or food assistance stamps be paid to
  146  an individual who has failed to comply with program
  147  requirements.
  148         (b) Protective payees shall be designated by the department
  149  and may include:
  150         1. A relative or other individual who is interested in or
  151  concerned with the welfare of the child or children and agrees
  152  in writing to utilize the assistance in the best interest of the
  153  child or children.
  154         2. A member of the community affiliated with a religious,
  155  community, neighborhood, or charitable organization who agrees
  156  in writing to utilize the assistance in the best interest of the
  157  child or children.
  158         3. A volunteer or member of an organization who agrees in
  159  writing to fulfill the role of protective payee and to utilize
  160  the assistance in the best interest of the child or children.
  161         (c) The protective payee designated by the department shall
  162  be the authorized representative for purposes of receiving food
  163  assistance stamps on behalf of a child or children under age 16.
  164  The authorized representative must agree in writing to use the
  165  food assistance stamps in the best interest of the child or
  166  children.
  167         (d) If it is in the best interest of the child or children,
  168  as determined by the department, for the staff member of a
  169  private agency, a public agency, the department, or any other
  170  appropriate organization to serve as a protective payee or
  171  authorized representative, such designation may be made, except
  172  that a protective payee or authorized representative must not be
  173  any individual involved in determining eligibility for temporary
  174  cash assistance or food assistance stamps for the family, staff
  175  handling any fiscal processes related to issuance of temporary
  176  cash assistance or food assistance stamps, or landlords,
  177  grocers, or vendors of goods, services, or items dealing
  178  directly with the participant.
  179         (e) The department may pay incidental expenses or travel
  180  expenses for costs directly related to performance of the duties
  181  of a protective payee as necessary to implement the provisions
  182  of this subsection.
  184  RELATED TO PAY AFTER PERFORMANCE.—Notwithstanding the provisions
  185  of subsection (1), if an individual is receiving temporary cash
  186  assistance under a pay-after-performance arrangement and the
  187  individual participates, but fails to meet the full
  188  participation requirement, then the temporary cash assistance
  189  received shall be reduced and shall be proportional to the
  190  actual participation. Food assistance stamps may be included in
  191  a pay-after-performance arrangement if permitted under federal
  192  law.
  193         Section 8. Section 414.075, Florida Statutes, is amended to
  194  read:
  195         414.075 Resource eligibility standards.—For purposes of
  196  program simplification and effective program management, certain
  197  resource definitions, as outlined in the food assistance stamp
  198  regulations at 7 C.F.R. s. 273.8, shall be applied to the
  199  Temporary Cash Assistance WAGES Program as determined by the
  200  department to be consistent with federal law regarding temporary
  201  cash assistance and Medicaid for needy families, except that:
  202         (1) The maximum allowable resources, including liquid and
  203  nonliquid resources, of all members of the family may not exceed
  204  $2,000.
  205         (2) In determining the resources of a family, the following
  206  shall be excluded:
  207         (a) Licensed vehicles needed for individuals subject to the
  208  work participation requirement, not to exceed a combined value
  209  of $8,500, and needed for training, employment, or education
  210  purposes. For any family without an individual subject to the
  211  work participation requirement, one vehicle valued at not more
  212  than $8,500 shall be excluded. Any vehicle that is necessary to
  213  transport a physically disabled family member shall be excluded.
  214  A vehicle shall be considered necessary for the transportation
  215  of a physically disabled family member if the vehicle is
  216  specially equipped to meet the specific needs of the disabled
  217  person or if the vehicle is a special type of vehicle and makes
  218  it possible to transport the disabled person.
  219         (b) Funds paid to a homeless shelter which are being held
  220  for the family to enable the family to pay deposits or other
  221  costs associated with moving to a new shelter arrangement.
  222         (3) A vacation home that annually produces income
  223  consistent with its fair market value, and that is excluded as a
  224  resource in determining eligibility for food assistance stamps
  225  under federal regulations, may not be excluded as a resource in
  226  determining a family’s eligibility for temporary cash
  227  assistance.
  228         (4) An individual and the assistance group in which the
  229  individual is a current member will be ineligible for a period
  230  of 2 years from the original date of a transfer of an asset made
  231  for the purpose of qualifying for or maintaining eligibility for
  232  temporary cash assistance.
  233         Section 9. Subsection (1) of section 414.085, Florida
  234  Statutes, is amended to read:
  235         414.085 Income eligibility standards.—
  236         (1) For purposes of program simplification and effective
  237  program management, certain income definitions, as outlined in
  238  the food assistance stamp regulations at 7 C.F.R. s. 273.9,
  239  shall be applied to the temporary cash assistance program as
  240  determined by the department to be consistent with federal law
  241  regarding temporary cash assistance and Medicaid for needy
  242  families, except as to the following:
  243         (a) Participation in the temporary cash assistance program
  244  shall be limited to those families whose gross family income is
  245  equal to or less than 185 percent of the federal poverty level
  246  established in s. 673(2) of the Community Services Block Grant
  247  Act, 42 U.S.C. s. 9901(2).
  248         (b) Income security payments, including payments funded
  249  under part B of Title IV of the Social Security Act, as amended;
  250  supplemental security income under Title XVI of the Social
  251  Security Act, as amended; or other income security payments as
  252  defined by federal law shall be excluded as income unless
  253  required to be included by federal law.
  254         (c) The first $50 of child support paid to a parent
  255  receiving temporary cash assistance may not be disregarded in
  256  calculating the amount of temporary cash assistance for the
  257  family, unless such exclusion is required by federal law.
  258         (d) An incentive payment to a participant authorized by a
  259  regional workforce board shall not be considered income.
  260         Section 10. Subsections (1), (9), and (14) of section
  261  414.095, Florida Statutes, are amended to read:
  262         414.095 Determining eligibility for temporary cash
  263  assistance.—
  264         (1) ELIGIBILITY.—An applicant must meet eligibility
  265  requirements of this section before receiving services or
  266  temporary cash assistance under this chapter, except that an
  267  applicant shall be required to register for work and engage in
  268  work activities in accordance with s. 445.024, as designated by
  269  the regional workforce board, and may receive support services
  270  or child care assistance in conjunction with such requirement.
  271  The department shall make a determination of eligibility based
  272  on the criteria listed in this chapter. The department shall
  273  monitor continued eligibility for temporary cash assistance
  274  through periodic reviews consistent with the food assistance
  275  stamp eligibility process. Benefits shall not be denied to an
  276  individual solely based on a felony drug conviction, unless the
  277  conviction is for trafficking pursuant to s. 893.135. To be
  278  eligible under this section, an individual convicted of a drug
  279  felony must be satisfactorily meeting the requirements of the
  280  temporary cash assistance program, including all substance abuse
  281  treatment requirements. Within the limits specified in this
  282  chapter, the state opts out of the provision of Pub. L. No. 104
  283  193, s. 115, that eliminates eligibility for temporary cash
  284  assistance and food assistance stamps for any individual
  285  convicted of a controlled substance felony.
  286         (9) OPPORTUNITIES AND OBLIGATIONS.—An applicant for
  287  temporary cash assistance has the following opportunities and
  288  obligations:
  289         (a) To participate in establishing eligibility by providing
  290  facts with respect to circumstances that affect eligibility and
  291  by obtaining, or authorizing the department to obtain, documents
  292  or information from others in order to establish eligibility.
  293         (b) To have eligibility determined without discrimination
  294  based on race, color, sex, age, marital status, handicap,
  295  religion, national origin, or political beliefs.
  296         (c) To be advised of any reduction or termination of
  297  temporary cash assistance or food assistance stamps.
  298         (d) To provide correct and complete information about the
  299  family’s circumstances that relate to eligibility, at the time
  300  of application and at subsequent intervals.
  301         (e) To keep the department informed of any changes that
  302  could affect eligibility.
  303         (f) To use temporary cash assistance and food assistance
  304  stamps for the purpose for which the assistance is intended.
  305         (g) To receive information regarding services available
  306  from certified domestic violence centers or organizations that
  307  provide counseling and supportive services to individuals who
  308  are past or present victims of domestic violence or who are at
  309  risk of domestic violence and, upon request, to be referred to
  310  such organizations in a manner which protects the individual’s
  311  confidentiality.
  313         (a) A family without a minor child living in the home is
  314  not eligible to receive temporary cash assistance or services
  315  under this chapter. However, a pregnant woman is eligible for
  316  temporary cash assistance in the ninth month of pregnancy if all
  317  eligibility requirements are otherwise satisfied.
  318         (b) Temporary cash assistance, without shelter expense, may
  319  be available for a teen parent who is a minor child and for the
  320  child. Temporary cash assistance may not be paid directly to the
  321  teen parent but must be paid, on behalf of the teen parent and
  322  child, to an alternative payee who is designated by the
  323  department. The alternative payee may not use the temporary cash
  324  assistance for any purpose other than paying for food, clothing,
  325  shelter, and medical care for the teen parent and child and for
  326  other necessities required to enable the teen parent to attend
  327  school or a training program. In order for the child of the teen
  328  parent and the teen parent to be eligible for temporary cash
  329  assistance, the teen parent must:
  330         1. Attend school or an approved alternative training
  331  program, unless the child is less than 12 weeks of age or the
  332  teen parent has completed high school; and
  333         2. Reside with a parent, legal guardian, or other adult
  334  caretaker relative. The income and resources of the parent shall
  335  be included in calculating the temporary cash assistance
  336  available to the teen parent since the parent is responsible for
  337  providing support and care for the child living in the home.
  338         3. Attend parenting and family classes that provide a
  339  curriculum specified by the department or the Department of
  340  Health, as available.
  341         (c) The teen parent is not required to live with a parent,
  342  legal guardian, or other adult caretaker relative if the
  343  department determines that:
  344         1. The teen parent has suffered or might suffer harm in the
  345  home of the parent, legal guardian, or adult caretaker relative.
  346         2. The requirement is not in the best interest of the teen
  347  parent or the child. If the department determines that it is not
  348  in the best interest of the teen parent or child to reside with
  349  a parent, legal guardian, or other adult caretaker relative, the
  350  department shall provide or assist the teen parent in finding a
  351  suitable home, a second-chance home, a maternity home, or other
  352  appropriate adult-supervised supportive living arrangement. Such
  353  living arrangement may include a shelter obligation in
  354  accordance with subsection (10).
  356  The department may not delay providing temporary cash assistance
  357  to the teen parent through the alternative payee designated by
  358  the department pending a determination as to where the teen
  359  parent should live and sufficient time for the move itself. A
  360  teen parent determined to need placement that is unavailable
  361  shall continue to be eligible for temporary cash assistance so
  362  long as the teen parent cooperates with the department and the
  363  Department of Health. The teen parent shall be provided with
  364  counseling to make the transition from independence to
  365  supervised living and with a choice of living arrangements.
  366         (d) Notwithstanding any law to the contrary, if a parent or
  367  caretaker relative without good cause does not cooperate with
  368  the state agency responsible for administering the child support
  369  enforcement program in establishing, modifying, or enforcing a
  370  support order with respect to a child of a teen parent or other
  371  family member, or a child of a family member who is in the care
  372  of an adult relative, temporary cash assistance to the entire
  373  family shall be denied until the state agency indicates that
  374  cooperation by the parent or caretaker relative has been
  375  satisfactory. To the extent permissible under federal law, a
  376  parent or caretaker relative shall not be penalized for failure
  377  to cooperate with paternity establishment or with the
  378  establishment, modification, or enforcement of a support order
  379  when such cooperation could subject an individual to a risk of
  380  domestic violence. Such risk shall constitute good cause to the
  381  extent permitted by Title IV-D of the Social Security Act, as
  382  amended, or other federal law.
  383         (e) If a parent or caretaker relative does not assign any
  384  rights a family member may have to support from any other person
  385  as required by subsection (7), temporary cash assistance to the
  386  entire family shall be denied until the parent or caretaker
  387  relative assigns the rights to the department.
  388         (f) An individual who is convicted in federal or state
  389  court of receiving benefits under this chapter, Title XIX, the
  390  Food and Nutrition Act of 2008 Stamp Act of 1977, or
  391  supplemental security income under Title XVI of the Social
  392  Security Act (Supplemental Security Income), in two or more
  393  states simultaneously may not receive temporary cash assistance
  394  or services under this chapter for 10 years following the date
  395  of conviction.
  396         (g) An individual is ineligible to receive temporary cash
  397  assistance or services under this chapter during any period when
  398  the individual is fleeing to avoid prosecution, custody, or
  399  confinement after committing a crime, attempting to commit a
  400  crime that is a felony under the laws of the place from which
  401  the individual flees or a high misdemeanor in the State of New
  402  Jersey, or violating a condition of probation or parole imposed
  403  under federal or state law.
  404         (h) The parent or other caretaker relative must report to
  405  the department by the end of the 5-day period that begins on the
  406  date it becomes clear to the parent or caretaker relative that a
  407  minor child will be absent from the home for 30 or more
  408  consecutive days. A parent or caretaker relative who fails to
  409  report this information to the department shall be disqualified
  410  from receiving temporary cash assistance for 30 days for the
  411  first occurrence, 60 days for the second occurrence, and 90 days
  412  for the third or subsequent occurrence.
  413         (i) If the parents of a minor child live apart and equally
  414  share custody and control of the child, a parent is ineligible
  415  for temporary cash assistance unless the parent clearly
  416  demonstrates to the department that the parent provides primary
  417  day-to-day custody.
  418         (j) The payee of the temporary cash assistance payment is
  419  the caretaker relative with whom a minor child resides and who
  420  assumes primary responsibility for the child’s daily
  421  supervision, care, and control, except in cases where a
  422  protective payee is established.
  423         Section 11. Section 414.14, Florida Statutes, is amended to
  424  read:
  425         414.14 Public assistance policy simplification.—To the
  426  extent possible, the department shall align the requirements for
  427  eligibility under this chapter with the food assistance stamp
  428  program and medical assistance eligibility policies and
  429  procedures to simplify the budgeting process and reduce errors.
  430  If the department determines that s. 414.075, relating to
  431  resources, or s. 414.085, relating to income, is inconsistent
  432  with related provisions of federal law which govern the food
  433  assistance stamp program or medical assistance, and that
  434  conformance to federal law would simplify administration of the
  435  Temporary Cash Assistance WAGES Program or reduce errors without
  436  materially increasing the cost of the program to the state, the
  437  secretary of the department may propose a change in the resource
  438  or income requirements of the program by rule. The secretary
  439  shall provide written notice to the President of the Senate, the
  440  Speaker of the House of Representatives, and the chairs
  441  chairpersons of the appropriate legislative relevant committees
  442  of both houses of the Legislature summarizing the proposed
  443  modifications to be made by rule and changes necessary to
  444  conform state law to federal law. The proposed rule shall take
  445  effect 14 days after written notice is given unless the
  446  President of the Senate or the Speaker of the House of
  447  Representatives advises the secretary that the proposed rule
  448  exceeds the delegated authority of the Legislature.
  449         Section 12. Subsection (2) of section 414.175, Florida
  450  Statutes, is amended to read:
  451         414.175 Review of existing waivers.—
  452         (2) The department shall review federal law, including
  453  revisions to federal food assistance stamp requirements. If the
  454  department determines that federal food assistance stamp waivers
  455  will further the goals of this chapter, including simplification
  456  of program policies or program administration, the department
  457  may obtain waivers if this can be accomplished within available
  458  resources.
  459         Section 13. Section 414.31, Florida Statutes, is amended to
  460  read:
  461         414.31 State agency for administering federal food
  462  assistance stamp program.—
  463         (1) The department shall place into operation in each of
  464  the several counties of the state a food assistance stamp
  465  program as authorized by the Congress of the United States. The
  466  department is designated as the state agency responsible for the
  467  administration and operation of such programs.
  468         (2) The department shall provide for such instruction and
  469  counseling as will best assure that the recipients are able to
  470  provide a nutritionally adequate diet through the increased
  471  purchasing power received. This program shall be administered
  472  and operated in such a way that the distribution of food
  473  assistance stamps shall be in locations reasonably accessible to
  474  those areas in which persons eligible for the benefit of this
  475  program are likely to be concentrated.
  476         Section 14. Section 414.32, Florida Statutes, is amended to
  477  read:
  478         414.32 Prohibitions and restrictions with respect to food
  479  assistance program stamps.—
  481         (a) A parent or caretaker relative who receives temporary
  482  cash assistance or food assistance stamps on behalf of a child
  483  under 18 years of age who has an absent parent is ineligible for
  484  food assistance stamps unless the parent or caretaker relative
  485  cooperates with the state agency that administers the child
  486  support enforcement program in establishing the paternity of the
  487  child, if the child is born out of wedlock, and in obtaining
  488  support for the child or for the parent or caretaker relative
  489  and the child. This paragraph does not apply if the state agency
  490  that administers the food assistance stamp program determines
  491  that the parent or caretaker relative has good cause for failing
  492  to cooperate. The Department of Revenue shall determine good
  493  cause for failure to cooperate if the Department of Children and
  494  Family Services obtains written authorization from the United
  495  States Department of Agriculture approving such arrangements.
  496         (b) A putative or identified noncustodial parent of a child
  497  under 18 years of age is ineligible for food assistance stamps
  498  if the parent fails to cooperate with the state agency that
  499  administers the child support enforcement program in
  500  establishing the paternity of the child, if the child is born
  501  out of wedlock, or fails to provide support for the child. This
  502  paragraph does not apply if the state agency that administers
  503  the child support enforcement program determines that the
  504  noncustodial parent has good cause for refusing to cooperate in
  505  establishing the paternity of the child.
  507  food assistance stamp allotment shall be reduced or terminated
  508  as otherwise provided in this chapter if temporary cash
  509  assistance under the Temporary Cash Assistance WAGES Program is
  510  reduced or denied because an individual in the family fails to
  511  perform an action required under the program.
  514  ineligible to participate in the food assistance stamp program
  515  individually, or as a member of any assistance group, for 10
  516  years following a conviction in federal or state court of having
  517  made a fraudulent statement or representation with respect to
  518  the identity or place of residence of the individual in order to
  519  receive multiple benefits simultaneously under the food
  520  assistance stamp program.
  522  FELONS.—An individual is ineligible to participate in the food
  523  assistance stamp program during any period when the individual
  524  is fleeing to avoid prosecution, custody, or confinement after
  525  committing a crime, attempting to commit a crime that is a
  526  felony under the laws of the place from which the individual
  527  flees or a high misdemeanor in the State of New Jersey, or
  528  violating a condition of probation or parole imposed under
  529  federal or state law.
  530         Section 15. Section 414.33, Florida Statutes, is amended to
  531  read:
  532         414.33 Violations of food assistance stamp program.—
  533         (1) In accordance with federal law and regulations, the
  534  department shall establish procedures for notifying the
  535  appropriate federal and state agencies of any violation of
  536  federal or state laws or rules governing the food assistance
  537  stamp program.
  538         (2) In addition, the department shall establish procedures
  539  for referring to the Department of Law Enforcement any case that
  540  involves a suspected violation of federal or state law or rules
  541  governing the administration of the food assistance stamp
  542  program.
  543         Section 16. Section 414.34, Florida Statutes, is amended to
  544  read:
  545         414.34 Annual report concerning administrative complaints
  546  and disciplinary actions involving food assistance stamp program
  547  violations.—The department shall prepare and submit a report to
  548  the President of the Senate, the Speaker of the House of
  549  Representatives, the chairs of the appropriate legislative
  550  committees, and the Department of Law Enforcement by January 1
  551  of each year. In addition to any other information the
  552  Legislature may require, the report must include statistics and
  553  relevant information detailing:
  554         (1) The number of complaints received and investigated.
  555         (2) The number of findings of probable cause made.
  556         (3) The number of findings of no probable cause made.
  557         (4) The number of administrative complaints filed.
  558         (5) The disposition of all administrative complaints.
  559         (6) The number of criminal complaints brought under s.
  560  414.39, and their disposition.
  561         (7) The status of the development and implementation of
  562  rules governing the electronic benefits transfer program,
  563  including any recommendations for statutory changes.
  564         Section 17. Section 414.35, Florida Statutes, is amended to
  565  read:
  566         414.35 Emergency relief.—
  567         (1) The department shall adopt rules for the administration
  568  of emergency assistance programs delegated to the department
  569  either by executive order in accordance with the Disaster Relief
  570  Act of 1974 or pursuant to the Food and Nutrition Act of 2008
  571  Food Stamp Act of 1977.
  572         (2) In promulgating the rules required in this section, the
  573  department shall give particular consideration to the prevention
  574  of fraud in emergency assistance programs. Such rules shall, at
  575  a minimum, provide for:
  576         (a) Verification of an applicant’s identity and address.
  577         (b) Determination of an applicant’s need for assistance and
  578  verification of an applicant’s need in accordance with
  579  appropriate federal law and regulations.
  580         (c) The timely and adequate dissemination of accurate
  581  certification information to local emergency management
  582  agencies.
  583         (3) In administering emergency food assistance stamp and
  584  other emergency assistance programs, the department shall
  585  cooperate fully with the United States Government and with other
  586  departments, instrumentalities, and agencies of this state.
  587         Section 18. Section 414.36, Florida Statutes, is amended to
  588  read:
  589         414.36 Public assistance overpayment recovery program;
  590  contracts.—
  591         (1) The department shall develop and implement a plan for
  592  the statewide privatization of activities relating to the
  593  recovery of public assistance overpayment claims. These
  594  activities shall include, at a minimum, voluntary cash
  595  collections functions for recovery of fraudulent and
  596  nonfraudulent benefits paid to recipients of temporary cash
  597  assistance, food assistance stamps, and aid to families with
  598  dependent children.
  599         (2) For purposes of privatization of public assistance
  600  overpayment recovery, the department shall enter into contracts
  601  consistent with federal law with for-profit corporations, not
  602  for-profit corporations, or other entities capable of providing
  603  the services for recovering public assistance required under
  604  this section. The department shall issue requests for proposals,
  605  enter into a competitive bidding process, and negotiate
  606  contracts for such services. Contracts for such services may be
  607  funded on a contingency fee basis, per fiscal year, based on a
  608  percentage of the state-retained share of collections, for
  609  claims for food assistance stamps, aid to families with
  610  dependent children, and temporary cash assistance. This section
  611  does not prohibit districts from entering into contracts to
  612  carry out the provisions of this section, if that is a cost
  613  effective use of resources.
  614         (3) The Economic Self-Sufficiency Self-sufficiency Services
  615  Program Office of the department shall have responsibility for
  616  contract management and for monitoring and policy development
  617  functions relating to privatization of the public assistance
  618  overpayment recovery program.
  619         Section 19. Subsections (2), (3), (5), and (10) of section
  620  414.39, Florida Statutes, are amended to read:
  621         414.39 Fraud.—
  622         (2) Any person who knowingly:
  623         (a) Uses, transfers, acquires, traffics, alters, forges, or
  624  possesses, or
  625         (b) Attempts to use, transfer, acquire, traffic, alter,
  626  forge, or possess, or
  627         (c) Aids and abets another person in the use, transfer,
  628  acquisition, traffic, alteration, forgery, or possession of,
  630  a food stamp, a food assistance stamp identification card, an
  631  authorization, including, but not limited to, an electronic
  632  authorization, for the expenditure purchase of food assistance
  633  benefits stamps, a certificate of eligibility for medical
  634  services, or a Medicaid identification card in any manner not
  635  authorized by law is guilty of a crime and shall be punished as
  636  provided in subsection (5). For the purposes of this section,
  637  the value of an authorization to purchase food stamps shall be
  638  the difference between the coupon allotment and the amount paid
  639  by the recipient for that allotment.
  640         (3) Any person having duties in the administration of a
  641  state or federally funded public assistance program or in the
  642  distribution of public assistance, or authorizations or
  643  identifications to obtain public assistance, under a state or
  644  federally funded public assistance program and who:
  645         (a) Fraudulently misappropriates, attempts to
  646  misappropriate, or aids and abets in the misappropriation of, a
  647  food assistance stamp, an authorization for food assistance
  648  stamps, a food assistance stamp identification card, a
  649  certificate of eligibility for prescribed medicine, a Medicaid
  650  identification card, or public assistance from any other state
  651  or federally funded program with which he or she has been
  652  entrusted or of which he or she has gained possession by virtue
  653  of his or her position, or who knowingly fails to disclose any
  654  such fraudulent activity; or
  655         (b) Knowingly misappropriates, attempts to misappropriate,
  656  or aids or abets in the misappropriation of, funds given in
  657  exchange for food assistance program benefits stamps or for any
  658  form of food assistance stamp benefits authorization,
  660  is guilty of a crime and shall be punished as provided in
  661  subsection (5).
  662         (5)(a) If the value of the public assistance or
  663  identification wrongfully received, retained, misappropriated,
  664  sought, or used is less than an aggregate value of $200 in any
  665  12 consecutive months, such person commits a misdemeanor of the
  666  first degree, punishable as provided in s. 775.082 or s.
  667  775.083.
  668         (b) If the value of the public assistance or identification
  669  wrongfully received, retained, misappropriated, sought, or used
  670  is of an aggregate value of $200 or more in any 12 consecutive
  671  months, such person commits a felony of the third degree,
  672  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  673         (c) As used in this subsection, the value of a food
  674  assistance stamp authorization benefit is the cash or exchange
  675  value unlawfully obtained by the fraudulent act committed in
  676  violation of this section.
  677         (d) As used in this section, “fraud” includes the
  678  introduction of fraudulent records into a computer system, the
  679  unauthorized use of computer facilities, the intentional or
  680  deliberate alteration or destruction of computerized information
  681  or files, and the stealing of financial instruments, data, and
  682  other assets.
  683         (10) The department shall create an error-prone or fraud
  684  prone case profile within its public assistance information
  685  system and shall screen each application for public assistance,
  686  including food assistance stamps, Medicaid, and temporary cash
  687  assistance, against the profile to identify cases that have a
  688  potential for error or fraud. Each case so identified shall be
  689  subjected to preeligibility fraud screening.
  690         Section 20. Section 414.41, Florida Statutes, is amended to
  691  read:
  692         414.41 Recovery of payments made due to mistake or fraud.—
  693         (1) Whenever it becomes apparent that any person or
  694  provider has received any public assistance under this chapter
  695  to which she or he is not entitled, through either simple
  696  mistake or fraud on the part of the department or on the part of
  697  the recipient or participant, the department shall take all
  698  necessary steps to recover the overpayment. Recovery may include
  699  Federal Income Tax Refund Offset Program collections activities
  700  in conjunction with Food and Nutrition Consumer Service and the
  701  Internal Revenue Service to intercept income tax refunds due to
  702  clients who owe food assistance stamp or temporary cash
  703  assistance WAGES debt to the state. The department will follow
  704  the guidelines in accordance with federal rules and regulations
  705  and consistent with the Food Assistance Stamp Program. The
  706  department may make appropriate settlements and shall establish
  707  a policy and cost-effective rules to be used in the computation
  708  and recovery of such overpayments.
  709         (a) The department will consider an individual who has
  710  willfully provided false information or omitted information to
  711  become or remain eligible for temporary cash assistance to have
  712  committed an intentional program violation.
  713         (b) When the intentional program violation or case facts do
  714  not warrant criminal prosecution for fraud as defined in s.
  715  414.39, the department will initiate an administrative
  716  disqualification hearing. The administrative disqualification
  717  hearing will be initiated regardless of the individual’s current
  718  eligibility.
  719         (c) Upon a finding through the administrative
  720  disqualification hearing process that the individual did commit
  721  an intentional program violation, the department will impose a
  722  disqualification period consistent with those established for
  723  food assistance stamp program purposes.
  724         (2) The department shall determine if recovery of an
  725  overpayment as a result of department error regarding temporary
  726  cash assistance provided under the Temporary Cash Assistance
  727  WAGES Program or benefits provided to a recipient of aid to
  728  families with dependent children would create extreme hardship.
  729  The department shall provide by rule the circumstances that
  730  constitute an extreme hardship. The department may reduce the
  731  amount of repayment if a recipient or participant demonstrates
  732  to the satisfaction of the department that repayment of the
  733  entire overpayment would result in extreme hardship, but the
  734  department may not excuse repayment. A determination of extreme
  735  hardship is not grounds for a waiver of repayment in whole or in
  736  part.
  737         (3) The department, or its designee, shall enforce an order
  738  of income deduction by the court against the liable adult
  739  recipient or participant, including the head of a family, for
  740  overpayment received as an adult under the temporary cash
  741  assistance program, the AFDC program, the food assistance stamp
  742  program, or the Medicaid program.
  743         Section 21. Subsection (8) of section 420.624, Florida
  744  Statutes, is amended to read:
  745         420.624 Local homeless assistance continuum of care.—
  746         (8) Continuum of care plans must promote participation by
  747  all interested individuals and organizations and may not exclude
  748  individuals and organizations on the basis of race, color,
  749  national origin, sex, handicap, familial status, or religion.
  750  Faith-based organizations must be encouraged to participate. To
  751  the extent possible, these components should be coordinated and
  752  integrated with other mainstream health, social services, and
  753  employment programs for which homeless populations may be
  754  eligible, including Medicaid, State Children’s Health Insurance
  755  Program, Temporary Assistance for Needy Families, Food
  756  Assistance Program Stamps, and services funded through the
  757  Mental Health and Substance Abuse Block Grant, the Workforce
  758  Investment Act, and the welfare-to-work grant program.
  759         Section 22. Paragraph (g) of subsection (5) of section
  760  430.2053, Florida Statutes, is amended to read:
  761         430.2053 Aging resource centers.—
  762         (5) The duties of an aging resource center are to:
  763         (g) Enhance the existing area agency on aging in each
  764  planning and service area by integrating, either physically or
  765  virtually, the staff and services of the area agency on aging
  766  with the staff of the department’s local CARES Medicaid nursing
  767  home preadmission screening unit and a sufficient number of
  768  staff from the Department of Children and Family Services’
  769  Economic Self-Sufficiency Unit necessary to determine the
  770  financial eligibility for all persons age 60 and older residing
  771  within the area served by the aging resource center that are
  772  seeking Medicaid services, Supplemental Security Income, and
  773  food assistance stamps.
  774         Section 23. Paragraph (b) of subsection (5) of section
  775  445.004, Florida Statutes, is amended to read:
  776         445.004 Workforce Florida, Inc.; creation; purpose;
  777  membership; duties and powers.—
  778         (5) Workforce Florida, Inc., shall have all the powers and
  779  authority, not explicitly prohibited by statute, necessary or
  780  convenient to carry out and effectuate the purposes as
  781  determined by statute, Pub. L. No. 105-220, and the Governor, as
  782  well as its functions, duties, and responsibilities, including,
  783  but not limited to, the following:
  784         (b) Providing oversight and policy direction to ensure that
  785  the following programs are administered by the Agency for
  786  Workforce Innovation in compliance with approved plans and under
  787  contract with Workforce Florida, Inc.:
  788         1. Programs authorized under Title I of the Workforce
  789  Investment Act of 1998, Pub. L. No. 105-220, with the exception
  790  of programs funded directly by the United States Department of
  791  Labor under Title I, s. 167.
  792         2. Programs authorized under the Wagner-Peyser Act of 1933,
  793  as amended, 29 U.S.C. ss. 49 et seq.
  794         3. Activities authorized under Title II of the Trade Act of
  795  2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
  796  Adjustment Assistance Program.
  797         4. Activities authorized under 38 U.S.C., chapter 41,
  798  including job counseling, training, and placement for veterans.
  799         5. Employment and training activities carried out under
  800  funds awarded to this state by the United States Department of
  801  Housing and Urban Development.
  802         6. Welfare transition services funded by the Temporary
  803  Assistance for Needy Families Program, created under the
  804  Personal Responsibility and Work Opportunity Reconciliation Act
  805  of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
  806  of the Social Security Act, as amended.
  807         7. Displaced homemaker programs, provided under s. 446.50.
  808         8. The Florida Bonding Program, provided under Pub. L. No.
  809  97-300, s. 164(a)(1).
  810         9. The Food Assistance Stamp Employment and Training
  811  Program, provided under the Food and Nutrition Act of 2008 Food
  812  Stamp Act of 1977, 7 U.S.C. ss. 2011-2032; the Food Security Act
  813  of 1988, Pub. L. No. 99-198; and the Hunger Prevention Act, Pub.
  814  L. No. 100-435.
  815         10. The Quick-Response Training Program, provided under ss.
  816  288.046-288.047. Matching funds and in-kind contributions that
  817  are provided by clients of the Quick-Response Training Program
  818  shall count toward the requirements of s. 288.90151(5)(d),
  819  pertaining to the return on investment from activities of
  820  Enterprise Florida, Inc.
  821         11. The Work Opportunity Tax Credit, provided under the Tax
  822  and Trade Relief Extension Act of 1998, Pub. L. No. 105-277, and
  823  the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
  824         12. Offender placement services, provided under ss.
  825  944.707-944.708.
  826         Section 24. Paragraph (b) of subsection (9) of section
  827  445.009, Florida Statutes, is amended to read:
  828         445.009 One-stop delivery system.—
  829         (9)
  830         (b) The network shall assure that a uniform method is used
  831  to determine eligibility for and management of services provided
  832  by agencies that conduct workforce development activities. The
  833  Department of Management Services shall develop strategies to
  834  allow access to the databases and information management systems
  835  of the following systems in order to link information in those
  836  databases with the one-stop delivery system:
  837         1. The Unemployment Compensation Program of the Agency for
  838  Workforce Innovation.
  839         2. The public employment service described in s. 443.181.
  840         3. The FLORIDA System and the components related to
  841  temporary cash assistance WAGES, food assistance stamps, and
  842  Medicaid eligibility.
  843         4. The Student Financial Assistance System of the
  844  Department of Education.
  845         5. Enrollment in the public postsecondary education system.
  846         6. Other information systems determined appropriate by
  847  Workforce Florida, Inc.
  848         Section 25. Subsection (2) of section 445.024, Florida
  849  Statutes, is amended to read:
  850         445.024 Work requirements.—
  851         (2) WORK ACTIVITY REQUIREMENTS.—Each individual who is not
  852  otherwise exempt from work activity requirements must
  853  participate in a work activity for the maximum number of hours
  854  allowable under federal law; however, a participant may not be
  855  required to work more than 40 hours per week. The maximum number
  856  of hours each month that a family may be required to participate
  857  in community service or work experience programs is the number
  858  of hours that would result from dividing the family’s monthly
  859  amount for temporary cash assistance and food assistance stamps
  860  by the applicable minimum wage. However, the maximum hours
  861  required per week for community service or work experience may
  862  not exceed 40 hours.
  863         (a) A participant in a work activity may also be required
  864  to enroll in and attend a course of instruction designed to
  865  increase literacy skills to a level necessary for obtaining or
  866  retaining employment if the instruction plus the work activity
  867  does not require more than 40 hours per week.
  868         (b) Program funds may be used, as available, to support the
  869  efforts of a participant who meets the work activity
  870  requirements and who wishes to enroll in or continue enrollment
  871  in an adult general education program or other training
  872  programs.
  873         Section 26. Section 445.026, Florida Statutes, is amended
  874  to read:
  875         445.026 Cash assistance severance benefit.—An individual
  876  who meets the criteria listed in this section may choose to
  877  receive a lump-sum payment in lieu of ongoing cash assistance
  878  payments, provided the individual:
  879         (1) Is employed and is receiving earnings.
  880         (2) Has received cash assistance for at least 6 consecutive
  881  months.
  882         (3) Expects to remain employed for at least 6 months.
  883         (4) Chooses to receive a one-time, lump-sum payment in lieu
  884  of ongoing monthly payments.
  885         (5) Provides employment and earnings information to the
  886  regional workforce board, so that the regional workforce board
  887  can ensure that the family’s eligibility for severance benefits
  888  can be evaluated.
  889         (6) Signs an agreement not to apply for or accept cash
  890  assistance for 6 months after receipt of the one-time payment.
  891  In the event of an emergency, such agreement shall provide for
  892  an exception to this restriction, provided that the one-time
  893  payment shall be deducted from any cash assistance for which the
  894  family subsequently is approved. This deduction may be prorated
  895  over an 8-month period. The board of directors of Workforce
  896  Florida, Inc., shall adopt criteria defining the conditions
  897  under which a family may receive cash assistance due to such
  898  emergency.
  900  Such individual may choose to accept a one-time, lump-sum
  901  payment of $1,000 in lieu of receiving ongoing cash assistance.
  902  Such payment shall only count toward the time limitation for the
  903  month in which the payment is made in lieu of cash assistance. A
  904  participant choosing to accept such payment shall be terminated
  905  from cash assistance. However, eligibility for Medicaid, food
  906  assistance stamps, or child care shall continue, subject to the
  907  eligibility requirements of those programs.
  908         Section 27. Subsection (2) of section 445.048, Florida
  909  Statutes, is amended to read:
  910         445.048 Passport to Economic Progress program.—
  911         (2) WAIVERS.—If Workforce Florida, Inc., in consultation
  912  with the Department of Children and Family Services, finds that
  913  federal waivers would facilitate implementation of the program,
  914  the department shall immediately request such waivers, and
  915  Workforce Florida, Inc., shall report to the Governor, the
  916  President of the Senate, and the Speaker of the House of
  917  Representatives if any refusal of the federal government to
  918  grant such waivers prevents the implementation of the program.
  919  If Workforce Florida, Inc., finds that federal waivers to
  920  provisions of the Food Assistance Stamp Program would facilitate
  921  implementation of the program, the Department of Children and
  922  Family Services shall immediately request such waivers in
  923  accordance with s. 414.175.
  924         Section 28. Paragraph (d) of subsection (1) of section
  925  718.115, Florida Statutes, is amended to read:
  926         718.115 Common expenses and common surplus.—
  927         (1)
  928         (d) If so provided in the declaration, the cost of a master
  929  antenna television system or duly franchised cable television
  930  service obtained pursuant to a bulk contract shall be deemed a
  931  common expense. If the declaration does not provide for the cost
  932  of a master antenna television system or duly franchised cable
  933  television service obtained under a bulk contract as a common
  934  expense, the board may enter into such a contract, and the cost
  935  of the service will be a common expense but allocated on a per
  936  unit basis rather than a percentage basis if the declaration
  937  provides for other than an equal sharing of common expenses, and
  938  any contract entered into before July 1, 1998, in which the cost
  939  of the service is not equally divided among all unit owners, may
  940  be changed by vote of a majority of the voting interests present
  941  at a regular or special meeting of the association, to allocate
  942  the cost equally among all units. The contract shall be for a
  943  term of not less than 2 years.
  944         1. Any contract made by the board after the effective date
  945  hereof for a community antenna system or duly franchised cable
  946  television service may be canceled by a majority of the voting
  947  interests present at the next regular or special meeting of the
  948  association. Any member may make a motion to cancel said
  949  contract, but if no motion is made or if such motion fails to
  950  obtain the required majority at the next regular or special
  951  meeting, whichever is sooner, following the making of the
  952  contract, then such contract shall be deemed ratified for the
  953  term therein expressed.
  954         2. Any such contract shall provide, and shall be deemed to
  955  provide if not expressly set forth, that any hearing-impaired or
  956  legally blind unit owner who does not occupy the unit with a
  957  non-hearing-impaired or sighted person, or any unit owner
  958  receiving supplemental security income under Title XVI of the
  959  Social Security Act or food assistance stamps as administered by
  960  the Department of Children and Family Services pursuant to s.
  961  414.31, may discontinue the service without incurring disconnect
  962  fees, penalties, or subsequent service charges, and, as to such
  963  units, the owners shall not be required to pay any common
  964  expenses charge related to such service. If less than all
  965  members of an association share the expenses of cable
  966  television, the expense shall be shared equally by all
  967  participating unit owners. The association may use the
  968  provisions of s. 718.116 to enforce payment of the shares of
  969  such costs by the unit owners receiving cable television.
  970         Section 29. Paragraph (f) of subsection (1) of section
  971  817.568, Florida Statutes, is amended to read:
  972         817.568 Criminal use of personal identification
  973  information.—
  974         (1) As used in this section, the term:
  975         (f) “Personal identification information” means any name or
  976  number that may be used, alone or in conjunction with any other
  977  information, to identify a specific individual, including any:
  978         1. Name, postal or electronic mail address, telephone
  979  number, social security number, date of birth, mother’s maiden
  980  name, official state-issued or United States-issued driver’s
  981  license or identification number, alien registration number,
  982  government passport number, employer or taxpayer identification
  983  number, Medicaid or food assistance stamp account number, bank
  984  account number, credit or debit card number, or personal
  985  identification number or code assigned to the holder of a debit
  986  card by the issuer to permit authorized electronic use of such
  987  card;
  988         2. Unique biometric data, such as fingerprint, voice print,
  989  retina or iris image, or other unique physical representation;
  990         3. Unique electronic identification number, address, or
  991  routing code;
  992         4. Medical records;
  993         5. Telecommunication identifying information or access
  994  device; or
  995         6. Other number or information that can be used to access a
  996  person’s financial resources.
  997         Section 30. Paragraph (a) of subsection (3) of section
  998  921.0022, Florida Statutes, is amended to read:
  999         921.0022 Criminal Punishment Code; offense severity ranking
 1000  chart.—
 1002         (a) LEVEL 1
 1003  FloridaStatute   FelonyDegree                Description                 
 1004  24.118(3)(a)     3rd     Counterfeit or altered state lottery ticket.
 1005  212.054(2)(b)    3rd     Discretionary sales surtax; limitations, administration, and collection.
 1006  212.15(2)(b)     3rd     Failure to remit sales taxes, amount greater than $300 but less than $20,000.
 1007  316.1935(1)      3rd     Fleeing or attempting to elude law enforcement officer.
 1008  319.30(5)        3rd     Sell, exchange, give away certificate of title or identification number plate.
 1009  319.35(1)(a)     3rd     Tamper, adjust, change, etc., an odometer.  
 1010  320.26(1)(a)     3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
 1011  322.212(1)(a)-(c)3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver’s license; possession of simulated identification.
 1012  322.212(4)       3rd     Supply or aid in supplying unauthorized driver’s license or identification card.
 1013  322.212(5)(a)    3rd     False application for driver’s license or identification card.
 1014  414.39(2)        3rd     Unauthorized use, possession, forgery, or alteration of food assistance program stamps, Medicaid ID, value greater than $200.
 1015  414.39(3)(a)     3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
 1016  443.071(1)       3rd     False statement or representation to obtain or increase unemployment compensation benefits.
 1017  509.151(1)       3rd     Defraud an innkeeper, food or lodging value greater than $300.
 1018  517.302(1)       3rd     Violation of the Florida Securities and Investor Protection Act.
 1019  562.27(1)        3rd     Possess still or still apparatus.           
 1020  713.69           3rd     Tenant removes property upon which lien has accrued, value more than $50.
 1021  812.014(3)(c)    3rd     Petit theft (3rd conviction); theft of any property not specified in subsection (2).
 1022  812.081(2)       3rd     Unlawfully makes or causes to be made a reproduction of a trade secret.
 1023  815.04(4)(a)     3rd     Offense against intellectual property (i.e., computer programs, data).
 1024  817.52(2)        3rd     Hiring with intent to defraud, motor vehicle services.
 1025  817.569(2)       3rd     Use of public record or public records information to facilitate commission of a felony.
 1026  826.01           3rd     Bigamy.                                     
 1027  828.122(3)       3rd     Fighting or baiting animals.                
 1028  831.04(1)        3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
 1029  831.31(1)(a)     3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
 1030  832.041(1)       3rd     Stopping payment with intent to defraud $150 or more.
 1031  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.
 1032  838.15(2)        3rd     Commercial bribe receiving.                 
 1033  838.16           3rd     Commercial bribery.                         
 1034  843.18           3rd     Fleeing by boat to elude a law enforcement officer.
 1035  847.011(1)(a)    3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
 1036  849.01           3rd     Keeping gambling house.                     
 1037  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.
 1038  849.23           3rd     Gambling-related machines;“common offender” as to property rights.
 1039  849.25(2)        3rd     Engaging in bookmaking.                     
 1040  860.08           3rd     Interfere with a railroad signal.           
 1041  860.13(1)(a)     3rd     Operate aircraft while under the influence. 
 1042  893.13(2)(a)2.   3rd     Purchase of cannabis.                       
 1043  893.13(6)(a)     3rd     Possession of cannabis (more than 20 grams).
 1044  934.03(1)(a)     3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
 1046         Section 31. Paragraph (a) of subsection (1) of section
 1047  943.401, Florida Statutes, is amended to read:
 1048         943.401 Public assistance fraud.—
 1049         (1)(a) The Department of Law Enforcement shall investigate
 1050  all public assistance provided to residents of the state or
 1051  provided to others by the state. In the course of such
 1052  investigation the Department of Law Enforcement shall examine
 1053  all records, including electronic benefits transfer records and
 1054  make inquiry of all persons who may have knowledge as to any
 1055  irregularity incidental to the disbursement of public moneys,
 1056  food assistance stamps, or other items or benefits
 1057  authorizations to recipients.
 1058         Section 32. This act shall take effect July 1, 2010.

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