July 11, 2020
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       Florida Senate - 2010                             CS for SB 1306
       
       
       
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Storms
       
       
       
       586-02742-10                                          20101306c1
    1                        A bill to be entitled                      
    2         An act relating to public assistance; amending ss.
    3         97.021, 163.2523, 163.456, 220.187, 288.9618, 341.041,
    4         379.353, 402.33, 409.2554, 409.2576, 409.903, 409.942,
    5         411.0101, 414.0252, 414.065, 414.0655, 414.075,
    6         414.085, 414.095, 414.14, 414.16, 414.17, 414.175,
    7         414.31, 414.32, 414.33, 414.34, 414.35, 414.36,
    8         414.39, 414.41, 414.45, 420.624, 430.2053, 445.004,
    9         445.009, 445.024, 445.026, 445.048, 718.115, 817.568,
   10         921.0022, and 943.401, F.S.; revising terminology
   11         relating to the food stamp program and the WAGES
   12         Program to conform to current federal law; providing
   13         an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (29) of section 97.021, Florida
   18  Statutes, is amended to read:
   19         97.021 Definitions.—For the purposes of this code, except
   20  where the context clearly indicates otherwise, the term:
   21         (29) “Public assistance” means assistance provided through
   22  the food assistance stamp program under the federal Supplemental
   23  Nutrition Assistance Program; the Medicaid program; the Special
   24  Supplemental Food Program for Women, Infants, and Children; and
   25  the Temporary Cash Assistance WAGES Program.
   26         Section 2. Section 163.2523, Florida Statutes, is amended
   27  to read:
   28         163.2523 Grant program.—An Urban Infill and Redevelopment
   29  Assistance Grant Program is created for local governments. A
   30  local government may allocate grant money to special districts,
   31  including community redevelopment agencies, and nonprofit
   32  community development organizations to implement projects
   33  consistent with an adopted urban infill and redevelopment plan
   34  or plan employed in lieu thereof. Thirty percent of the general
   35  revenue appropriated for this program shall be available for
   36  planning grants to be used by local governments for the
   37  development of an urban infill and redevelopment plan, including
   38  community participation processes for the plan. Sixty percent of
   39  the general revenue appropriated for this program shall be
   40  available for fifty/fifty matching grants for implementing urban
   41  infill and redevelopment projects that further the objectives
   42  set forth in the local government’s adopted urban infill and
   43  redevelopment plan or plan employed in lieu thereof. The
   44  remaining 10 percent of the revenue must be used for outright
   45  grants for implementing projects requiring an expenditure of
   46  under $50,000. If the volume of fundable applications under any
   47  of the allocations specified in this section does not fully
   48  obligate the amount of the allocation, the Department of
   49  Community Affairs may transfer the unused balance to the
   50  category having the highest dollar value of applications
   51  eligible but unfunded. However, in no event may the percentage
   52  of dollars allocated to outright grants for implementing
   53  projects exceed 20 percent in any given fiscal year. Projects
   54  that provide employment opportunities to clients of the
   55  Temporary Cash Assistance WAGES program and projects within
   56  urban infill and redevelopment areas that include a community
   57  redevelopment area, Florida Main Street program, Front Porch
   58  Florida Community, sustainable community, enterprise zone,
   59  federal enterprise zone, enterprise community, or neighborhood
   60  improvement district must be given an elevated priority in the
   61  scoring of competing grant applications. The Division of Housing
   62  and Community Development of the Department of Community Affairs
   63  shall administer the grant program. The Department of Community
   64  Affairs shall adopt rules establishing grant review criteria
   65  consistent with this section.
   66         Section 3. Paragraph (c) of subsection (1) of section
   67  163.456, Florida Statutes, is amended to read:
   68         163.456 Legislative findings and intent.—
   69         (1) The Legislature finds that:
   70         (c) The available means of eliminating or reducing these
   71  deteriorating economic conditions and encouraging local resident
   72  participation and support is to provide support assistance and
   73  resource investment to community-based development
   74  organizations. The Legislature also finds that community-based
   75  development organizations can contribute to the creation of jobs
   76  in response to federal welfare reform and state Temporary Cash
   77  Assistance WAGES Program legislation, and economic development
   78  activities related to urban and rural economic initiatives.
   79         Section 4. Paragraph (b) of subsection (2) of section
   80  220.187, Florida Statutes, is amended to read:
   81         220.187 Credits for contributions to nonprofit scholarship
   82  funding organizations.—
   83         (2) DEFINITIONS.—As used in this section, the term:
   84         (b) “Direct certification list” means the certified list of
   85  children who qualify for the food assistance Stamp program, the
   86  Temporary Assistance to Needy Families Program, or the Food
   87  Distribution Program on Indian Reservations provided to the
   88  Department of Education by the Department of Children and Family
   89  Services.
   90         Section 5. Paragraph (h) of subsection (1) of section
   91  288.9618, Florida Statutes, is amended to read:
   92         288.9618 Microenterprises.—
   93         (1) Subject to specific appropriations in the General
   94  Appropriations Act, the Office of Tourism, Trade, and Economic
   95  Development may contract with some appropriate not-for-profit or
   96  governmental organization for any action that the office deems
   97  necessary to foster the development of microenterprises in the
   98  state. As used within this section, microenterprises are
   99  extremely small business enterprises which enable low and
  100  moderate income individuals to achieve self-sufficiency through
  101  self-employment. Microenterprise programs are those which
  102  provide at least one of the following: small amounts of capital,
  103  business training, and technical assistance. Where feasible, the
  104  office or organizations under contract with the office shall
  105  work in cooperation with other organizations active in the study
  106  and support of microenterprises. Such actions may include, but
  107  are not limited to:
  108         (h) Coordinating with other organizations to ensure that
  109  participants in the Temporary Cash Assistance WAGES Program are
  110  given opportunities to create microenterprises.
  111         Section 6. Subsection (14) of section 341.041, Florida
  112  Statutes, is amended to read:
  113         341.041 Transit responsibilities of the department.—The
  114  department shall, within the resources provided pursuant to
  115  chapter 216:
  116         (14) Assist local governmental entities and other transit
  117  operators in the planning, development, and coordination of
  118  transit services for Temporary Cash Assistance WAGES Program
  119  participants as defined in s. 414.0252.
  120         Section 7. Paragraph (h) of subsection (2) of section
  121  379.353, Florida Statutes, is amended to read:
  122         379.353 Recreational licenses and permits; exemptions from
  123  fees and requirements.—
  124         (2) A hunting, freshwater fishing, or saltwater fishing
  125  license or permit is not required for:
  126         (h) Any resident saltwater fishing from land or from a
  127  structure fixed to the land who has been determined eligible by
  128  the Department of Children and Family Services for the food
  129  assistance stamp program, temporary cash assistance, or the
  130  Medicaid programs. A benefit issuance or program identification
  131  card issued by the Department of Children and Family Services or
  132  the Florida Medicaid program of the Agency for Health Care
  133  Administration shall serve as proof of program eligibility. The
  134  client must have in his or her possession the ID card and
  135  positive proof of identification when fishing.
  136         Section 8. Paragraph (g) of subsection (1) of section
  137  402.33, Florida Statutes, is amended to read:
  138         402.33 Department authority to charge fees for services
  139  provided.—
  140         (1) As used in this section, the term:
  141         (g) “State and federal aid” means cash assistance or cash
  142  equivalent benefits based on an individual’s proof of financial
  143  need, including, but not limited to, temporary cash assistance
  144  and food assistance stamps.
  145         Section 9. Subsection (8) of section 409.2554, Florida
  146  Statutes, is amended to read:
  147         409.2554 Definitions; ss. 409.2551-409.2598.—As used in ss.
  148  409.2551-409.2598, the term:
  149         (8) “Public assistance” means money assistance paid on the
  150  basis of Title IV-E and Title XIX of the Social Security Act,
  151  temporary cash assistance, or food assistance benefits stamps
  152  received on behalf of a child under 18 years of age who has an
  153  absent parent.
  154         Section 10. Paragraph (a) of subsection (9) of section
  155  409.2576, Florida Statutes, is amended to read:
  156         409.2576 State Directory of New Hires.—
  157         (9) DISCLOSURE OF INFORMATION.—
  158         (a) New hire information shall be disclosed to the state
  159  agency administering the following programs for the purposes of
  160  determining eligibility under those programs:
  161         1. Any state program funded under part A of Title IV of the
  162  Social Security Act;
  163         2. The Medicaid program under Title XIX of the Social
  164  Security Act;
  165         3. The unemployment compensation program under s. 3304 of
  166  the Internal Revenue Code of 1954;
  167         4. The food assistance stamp program under the Food and
  168  Nutrition Act of 2008 Food Stamp Act of 1977; and
  169         5. Any state program under a plan approved under Title I
  170  (Old-Age Assistance for the Aged), Title X (Aid to the Blind),
  171  Title XIV (Aid to the Permanently and Totally Disabled), or
  172  Title XVI (Aid to the Aged, Blind, or Disabled; Supplemental
  173  Security Income for the Aged, Blind, and Disabled) of the Social
  174  Security Act.
  175         Section 11. Subsection (3) of section 409.903, Florida
  176  Statutes, is amended to read:
  177         409.903 Mandatory payments for eligible persons.—The agency
  178  shall make payments for medical assistance and related services
  179  on behalf of the following persons who the department, or the
  180  Social Security Administration by contract with the Department
  181  of Children and Family Services, determines to be eligible,
  182  subject to the income, assets, and categorical eligibility tests
  183  set forth in federal and state law. Payment on behalf of these
  184  Medicaid eligible persons is subject to the availability of
  185  moneys and any limitations established by the General
  186  Appropriations Act or chapter 216.
  187         (3) A child under age 21 living in a low-income, two-parent
  188  family, and a child under age 7 living with a nonrelative, if
  189  the income and assets of the family or child, as applicable, do
  190  not exceed the resource limits under the Temporary Cash
  191  Assistance WAGES Program.
  192         Section 12. Subsection (1) of section 409.942, Florida
  193  Statutes, is amended to read:
  194         409.942 Electronic benefit transfer program.—
  195         (1) The Department of Children and Family Services shall
  196  establish an electronic benefit transfer program for the
  197  dissemination of food assistance stamp benefits and temporary
  198  cash assistance payments, including refugee cash assistance
  199  payments, asylum applicant payments, and child support disregard
  200  payments. If the Federal Government does not enact legislation
  201  or regulations providing for dissemination of supplemental
  202  security income by electronic benefit transfer, the state may
  203  include supplemental security income in the electronic benefit
  204  transfer program.
  205         Section 13. Subsection (1) of section 411.0101, Florida
  206  Statutes, is amended to read:
  207         411.0101 Child care and early childhood resource and
  208  referral.—The Agency for Workforce Innovation shall establish a
  209  statewide child care resource and referral network. Preference
  210  shall be given to using the already established early learning
  211  coalitions as the child care resource and referral agency. If an
  212  early learning coalition cannot comply with the requirements to
  213  offer the resource information component or does not want to
  214  offer that service, the early learning coalition shall select
  215  the resource information agency based upon a request for
  216  proposal pursuant to s. 411.01(5)(e)1. At least one child care
  217  resource and referral agency must be established in each early
  218  learning coalition’s county or multicounty region. Child care
  219  resource and referral agencies shall provide the following
  220  services:
  221         (1) Identification of existing public and private child
  222  care and early childhood education services, including child
  223  care services by public and private employers, and the
  224  development of a resource file of those services. These services
  225  may include family day care, public and private child care
  226  programs, head start, prekindergarten early intervention
  227  programs, special education programs for prekindergarten
  228  handicapped children, services for children with developmental
  229  disabilities, full-time and part-time programs, before-school
  230  and after-school programs, vacation care programs, parent
  231  education, the Temporary Cash Assistance WAGES Program, and
  232  related family support services. The resource file shall
  233  include, but not be limited to:
  234         (a) Type of program.
  235         (b) Hours of service.
  236         (c) Ages of children served.
  237         (d) Number of children served.
  238         (e) Significant program information.
  239         (f) Fees and eligibility for services.
  240         (g) Availability of transportation.
  241         Section 14. Subsection (10) of section 414.0252, Florida
  242  Statutes, is amended to read:
  243         414.0252 Definitions.—As used in ss. 414.025-414.55, the
  244  term:
  245         (10) “Public assistance” means benefits paid on the basis
  246  of the temporary cash assistance, food assistance stamp,
  247  Medicaid, or optional state supplementation program.
  248         Section 15. Subsections (1), (2), and (3) of section
  249  414.065, Florida Statutes, are amended to read:
  250         414.065 Noncompliance with work requirements.—
  251         (1) PENALTIES FOR NONPARTICIPATION IN WORK REQUIREMENTS AND
  252  FAILURE TO COMPLY WITH ALTERNATIVE REQUIREMENT PLANS.—The
  253  department shall establish procedures for administering
  254  penalties for nonparticipation in work requirements and failure
  255  to comply with the alternative requirement plan. If an
  256  individual in a family receiving temporary cash assistance fails
  257  to engage in work activities required in accordance with s.
  258  445.024, the following penalties shall apply. Prior to the
  259  imposition of a sanction, the participant shall be notified
  260  orally or in writing that the participant is subject to sanction
  261  and that action will be taken to impose the sanction unless the
  262  participant complies with the work activity requirements. The
  263  participant shall be counseled as to the consequences of
  264  noncompliance and, if appropriate, shall be referred for
  265  services that could assist the participant to fully comply with
  266  program requirements. If the participant has good cause for
  267  noncompliance or demonstrates satisfactory compliance, the
  268  sanction shall not be imposed. If the participant has
  269  subsequently obtained employment, the participant shall be
  270  counseled regarding the transitional benefits that may be
  271  available and provided information about how to access such
  272  benefits. The department shall administer sanctions related to
  273  food assistance stamps consistent with federal regulations.
  274         (a)1. First noncompliance: temporary cash assistance shall
  275  be terminated for the family for a minimum of 10 days or until
  276  the individual who failed to comply does so.
  277         2. Second noncompliance: temporary cash assistance shall be
  278  terminated for the family for 1 month or until the individual
  279  who failed to comply does so, whichever is later. Upon meeting
  280  this requirement, temporary cash assistance shall be reinstated
  281  to the date of compliance or the first day of the month
  282  following the penalty period, whichever is later.
  283         3. Third noncompliance: temporary cash assistance shall be
  284  terminated for the family for 3 months or until the individual
  285  who failed to comply does so, whichever is later. The individual
  286  shall be required to comply with the required work activity upon
  287  completion of the 3-month penalty period, before reinstatement
  288  of temporary cash assistance. Upon meeting this requirement,
  289  temporary cash assistance shall be reinstated to the date of
  290  compliance or the first day of the month following the penalty
  291  period, whichever is later.
  292         (b) If a participant receiving temporary cash assistance
  293  who is otherwise exempted from noncompliance penalties fails to
  294  comply with the alternative requirement plan required in
  295  accordance with this section, the penalties provided in
  296  paragraph (a) shall apply.
  297  
  298  If a participant fully complies with work activity requirements
  299  for at least 6 months, the participant shall be reinstated as
  300  being in full compliance with program requirements for purpose
  301  of sanctions imposed under this section.
  302         (2) CONTINUATION OF TEMPORARY CASH ASSISTANCE FOR CHILDREN;
  303  PROTECTIVE PAYEES.—
  304         (a) Upon the second or third occurrence of noncompliance,
  305  temporary cash assistance and food assistance stamps for the
  306  child or children in a family who are under age 16 may be
  307  continued. Any such payments must be made through a protective
  308  payee or, in the case of food assistance stamps, through an
  309  authorized representative. Under no circumstances shall
  310  temporary cash assistance or food assistance stamps be paid to
  311  an individual who has failed to comply with program
  312  requirements.
  313         (b) Protective payees shall be designated by the department
  314  and may include:
  315         1. A relative or other individual who is interested in or
  316  concerned with the welfare of the child or children and agrees
  317  in writing to utilize the assistance in the best interest of the
  318  child or children.
  319         2. A member of the community affiliated with a religious,
  320  community, neighborhood, or charitable organization who agrees
  321  in writing to utilize the assistance in the best interest of the
  322  child or children.
  323         3. A volunteer or member of an organization who agrees in
  324  writing to fulfill the role of protective payee and to utilize
  325  the assistance in the best interest of the child or children.
  326         (c) The protective payee designated by the department shall
  327  be the authorized representative for purposes of receiving food
  328  assistance stamps on behalf of a child or children under age 16.
  329  The authorized representative must agree in writing to use the
  330  food assistance stamps in the best interest of the child or
  331  children.
  332         (d) If it is in the best interest of the child or children,
  333  as determined by the department, for the staff member of a
  334  private agency, a public agency, the department, or any other
  335  appropriate organization to serve as a protective payee or
  336  authorized representative, such designation may be made, except
  337  that a protective payee or authorized representative must not be
  338  any individual involved in determining eligibility for temporary
  339  cash assistance or food assistance stamps for the family, staff
  340  handling any fiscal processes related to issuance of temporary
  341  cash assistance or food assistance stamps, or landlords,
  342  grocers, or vendors of goods, services, or items dealing
  343  directly with the participant.
  344         (e) The department may pay incidental expenses or travel
  345  expenses for costs directly related to performance of the duties
  346  of a protective payee as necessary to implement the provisions
  347  of this subsection.
  348         (3) PROPORTIONAL REDUCTION OF TEMPORARY CASH ASSISTANCE
  349  RELATED TO PAY AFTER PERFORMANCE.—Notwithstanding the provisions
  350  of subsection (1), if an individual is receiving temporary cash
  351  assistance under a pay-after-performance arrangement and the
  352  individual participates, but fails to meet the full
  353  participation requirement, then the temporary cash assistance
  354  received shall be reduced and shall be proportional to the
  355  actual participation. Food assistance stamps may be included in
  356  a pay-after-performance arrangement if permitted under federal
  357  law.
  358         Section 16. Subsection (1) of section 414.0655, Florida
  359  Statutes, is amended to read:
  360         414.0655 Medical incapacity due to substance abuse or
  361  mental health impairment.—
  362         (1) Notwithstanding the provisions of s. 414.065 to the
  363  contrary, any participant who requires out-of-home residential
  364  treatment for alcoholism, drug addiction, alcohol abuse, or a
  365  mental health disorder, as certified by a physician licensed
  366  under chapter 458 or chapter 459, shall be exempted from work
  367  activities while participating in treatment. The participant
  368  shall be required to comply with the course of treatment
  369  necessary for the individual to resume work activity
  370  participation. The treatment agency shall be required to notify
  371  the department with an initial estimate of when the participant
  372  will have completed the course of treatment and be ready to
  373  resume full participation in the Temporary Cash Assistance WAGES
  374  Program. If the treatment will take longer than 60 days, the
  375  treatment agency shall provide to the department the conditions
  376  justifying extended treatment, and the department and the
  377  treatment agency shall negotiate a continued stay in treatment
  378  not to exceed an additional 90 days.
  379         Section 17. Section 414.075, Florida Statutes, is amended
  380  to read:
  381         414.075 Resource eligibility standards.—For purposes of
  382  program simplification and effective program management, certain
  383  resource definitions, as outlined in the food assistance stamp
  384  regulations at 7 C.F.R. s. 273.8, shall be applied to the
  385  Temporary Cash Assistance WAGES Program as determined by the
  386  department to be consistent with federal law regarding temporary
  387  cash assistance and Medicaid for needy families, except that:
  388         (1) The maximum allowable resources, including liquid and
  389  nonliquid resources, of all members of the family may not exceed
  390  $2,000.
  391         (2) In determining the resources of a family, the following
  392  shall be excluded:
  393         (a) Licensed vehicles needed for individuals subject to the
  394  work participation requirement, not to exceed a combined value
  395  of $8,500, and needed for training, employment, or education
  396  purposes. For any family without an individual subject to the
  397  work participation requirement, one vehicle valued at not more
  398  than $8,500 shall be excluded. Any vehicle that is necessary to
  399  transport a physically disabled family member shall be excluded.
  400  A vehicle shall be considered necessary for the transportation
  401  of a physically disabled family member if the vehicle is
  402  specially equipped to meet the specific needs of the disabled
  403  person or if the vehicle is a special type of vehicle and makes
  404  it possible to transport the disabled person.
  405         (b) Funds paid to a homeless shelter which are being held
  406  for the family to enable the family to pay deposits or other
  407  costs associated with moving to a new shelter arrangement.
  408         (3) A vacation home that annually produces income
  409  consistent with its fair market value, and that is excluded as a
  410  resource in determining eligibility for food assistance stamps
  411  under federal regulations, may not be excluded as a resource in
  412  determining a family’s eligibility for temporary cash
  413  assistance.
  414         (4) An individual and the assistance group in which the
  415  individual is a current member will be ineligible for a period
  416  of 2 years from the original date of a transfer of an asset made
  417  for the purpose of qualifying for or maintaining eligibility for
  418  temporary cash assistance.
  419         Section 18. Subsection (1) of section 414.085, Florida
  420  Statutes, is amended to read:
  421         414.085 Income eligibility standards.—
  422         (1) For purposes of program simplification and effective
  423  program management, certain income definitions, as outlined in
  424  the food assistance stamp regulations at 7 C.F.R. s. 273.9,
  425  shall be applied to the temporary cash assistance program as
  426  determined by the department to be consistent with federal law
  427  regarding temporary cash assistance and Medicaid for needy
  428  families, except as to the following:
  429         (a) Participation in the temporary cash assistance program
  430  shall be limited to those families whose gross family income is
  431  equal to or less than 185 percent of the federal poverty level
  432  established in s. 673(2) of the Community Services Block Grant
  433  Act, 42 U.S.C. s. 9901(2).
  434         (b) Income security payments, including payments funded
  435  under part B of Title IV of the Social Security Act, as amended;
  436  supplemental security income under Title XVI of the Social
  437  Security Act, as amended; or other income security payments as
  438  defined by federal law shall be excluded as income unless
  439  required to be included by federal law.
  440         (c) The first $50 of child support paid to a parent
  441  receiving temporary cash assistance may not be disregarded in
  442  calculating the amount of temporary cash assistance for the
  443  family, unless such exclusion is required by federal law.
  444         (d) An incentive payment to a participant authorized by a
  445  regional workforce board shall not be considered income.
  446         Section 19. Subsections (1), (9), and (14) of section
  447  414.095, Florida Statutes, are amended to read:
  448         414.095 Determining eligibility for temporary cash
  449  assistance.—
  450         (1) ELIGIBILITY.—An applicant must meet eligibility
  451  requirements of this section before receiving services or
  452  temporary cash assistance under this chapter, except that an
  453  applicant shall be required to register for work and engage in
  454  work activities in accordance with s. 445.024, as designated by
  455  the regional workforce board, and may receive support services
  456  or child care assistance in conjunction with such requirement.
  457  The department shall make a determination of eligibility based
  458  on the criteria listed in this chapter. The department shall
  459  monitor continued eligibility for temporary cash assistance
  460  through periodic reviews consistent with the food assistance
  461  stamp eligibility process. Benefits shall not be denied to an
  462  individual solely based on a felony drug conviction, unless the
  463  conviction is for trafficking pursuant to s. 893.135. To be
  464  eligible under this section, an individual convicted of a drug
  465  felony must be satisfactorily meeting the requirements of the
  466  temporary cash assistance program, including all substance abuse
  467  treatment requirements. Within the limits specified in this
  468  chapter, the state opts out of the provision of Pub. L. No. 104
  469  193, s. 115, that eliminates eligibility for temporary cash
  470  assistance and food assistance stamps for any individual
  471  convicted of a controlled substance felony.
  472         (9) OPPORTUNITIES AND OBLIGATIONS.—An applicant for
  473  temporary cash assistance has the following opportunities and
  474  obligations:
  475         (a) To participate in establishing eligibility by providing
  476  facts with respect to circumstances that affect eligibility and
  477  by obtaining, or authorizing the department to obtain, documents
  478  or information from others in order to establish eligibility.
  479         (b) To have eligibility determined without discrimination
  480  based on race, color, sex, age, marital status, handicap,
  481  religion, national origin, or political beliefs.
  482         (c) To be advised of any reduction or termination of
  483  temporary cash assistance or food assistance stamps.
  484         (d) To provide correct and complete information about the
  485  family’s circumstances that relate to eligibility, at the time
  486  of application and at subsequent intervals.
  487         (e) To keep the department informed of any changes that
  488  could affect eligibility.
  489         (f) To use temporary cash assistance and food assistance
  490  stamps for the purpose for which the assistance is intended.
  491         (g) To receive information regarding services available
  492  from certified domestic violence centers or organizations that
  493  provide counseling and supportive services to individuals who
  494  are past or present victims of domestic violence or who are at
  495  risk of domestic violence and, upon request, to be referred to
  496  such organizations in a manner which protects the individual’s
  497  confidentiality.
  498         (14) PROHIBITIONS AND RESTRICTIONS.—
  499         (a) A family without a minor child living in the home is
  500  not eligible to receive temporary cash assistance or services
  501  under this chapter. However, a pregnant woman is eligible for
  502  temporary cash assistance in the ninth month of pregnancy if all
  503  eligibility requirements are otherwise satisfied.
  504         (b) Temporary cash assistance, without shelter expense, may
  505  be available for a teen parent who is a minor child and for the
  506  child. Temporary cash assistance may not be paid directly to the
  507  teen parent but must be paid, on behalf of the teen parent and
  508  child, to an alternative payee who is designated by the
  509  department. The alternative payee may not use the temporary cash
  510  assistance for any purpose other than paying for food, clothing,
  511  shelter, and medical care for the teen parent and child and for
  512  other necessities required to enable the teen parent to attend
  513  school or a training program. In order for the child of the teen
  514  parent and the teen parent to be eligible for temporary cash
  515  assistance, the teen parent must:
  516         1. Attend school or an approved alternative training
  517  program, unless the child is less than 12 weeks of age or the
  518  teen parent has completed high school; and
  519         2. Reside with a parent, legal guardian, or other adult
  520  caretaker relative. The income and resources of the parent shall
  521  be included in calculating the temporary cash assistance
  522  available to the teen parent since the parent is responsible for
  523  providing support and care for the child living in the home.
  524         3. Attend parenting and family classes that provide a
  525  curriculum specified by the department or the Department of
  526  Health, as available.
  527         (c) The teen parent is not required to live with a parent,
  528  legal guardian, or other adult caretaker relative if the
  529  department determines that:
  530         1. The teen parent has suffered or might suffer harm in the
  531  home of the parent, legal guardian, or adult caretaker relative.
  532         2. The requirement is not in the best interest of the teen
  533  parent or the child. If the department determines that it is not
  534  in the best interest of the teen parent or child to reside with
  535  a parent, legal guardian, or other adult caretaker relative, the
  536  department shall provide or assist the teen parent in finding a
  537  suitable home, a second-chance home, a maternity home, or other
  538  appropriate adult-supervised supportive living arrangement. Such
  539  living arrangement may include a shelter obligation in
  540  accordance with subsection (10).
  541  
  542  The department may not delay providing temporary cash assistance
  543  to the teen parent through the alternative payee designated by
  544  the department pending a determination as to where the teen
  545  parent should live and sufficient time for the move itself. A
  546  teen parent determined to need placement that is unavailable
  547  shall continue to be eligible for temporary cash assistance so
  548  long as the teen parent cooperates with the department and the
  549  Department of Health. The teen parent shall be provided with
  550  counseling to make the transition from independence to
  551  supervised living and with a choice of living arrangements.
  552         (d) Notwithstanding any law to the contrary, if a parent or
  553  caretaker relative without good cause does not cooperate with
  554  the state agency responsible for administering the child support
  555  enforcement program in establishing, modifying, or enforcing a
  556  support order with respect to a child of a teen parent or other
  557  family member, or a child of a family member who is in the care
  558  of an adult relative, temporary cash assistance to the entire
  559  family shall be denied until the state agency indicates that
  560  cooperation by the parent or caretaker relative has been
  561  satisfactory. To the extent permissible under federal law, a
  562  parent or caretaker relative shall not be penalized for failure
  563  to cooperate with paternity establishment or with the
  564  establishment, modification, or enforcement of a support order
  565  when such cooperation could subject an individual to a risk of
  566  domestic violence. Such risk shall constitute good cause to the
  567  extent permitted by Title IV-D of the Social Security Act, as
  568  amended, or other federal law.
  569         (e) If a parent or caretaker relative does not assign any
  570  rights a family member may have to support from any other person
  571  as required by subsection (7), temporary cash assistance to the
  572  entire family shall be denied until the parent or caretaker
  573  relative assigns the rights to the department.
  574         (f) An individual who is convicted in federal or state
  575  court of receiving benefits under this chapter, Title XIX, the
  576  Food and Nutrition Act of 2008 Stamp Act of 1977, or
  577  supplemental security income under Title XVI of the Social
  578  Security Act (Supplemental Security Income), in two or more
  579  states simultaneously may not receive temporary cash assistance
  580  or services under this chapter for 10 years following the date
  581  of conviction.
  582         (g) An individual is ineligible to receive temporary cash
  583  assistance or services under this chapter during any period when
  584  the individual is fleeing to avoid prosecution, custody, or
  585  confinement after committing a crime, attempting to commit a
  586  crime that is a felony under the laws of the place from which
  587  the individual flees or a high misdemeanor in the State of New
  588  Jersey, or violating a condition of probation or parole imposed
  589  under federal or state law.
  590         (h) The parent or other caretaker relative must report to
  591  the department by the end of the 5-day period that begins on the
  592  date it becomes clear to the parent or caretaker relative that a
  593  minor child will be absent from the home for 30 or more
  594  consecutive days. A parent or caretaker relative who fails to
  595  report this information to the department shall be disqualified
  596  from receiving temporary cash assistance for 30 days for the
  597  first occurrence, 60 days for the second occurrence, and 90 days
  598  for the third or subsequent occurrence.
  599         (i) If the parents of a minor child live apart and equally
  600  share custody and control of the child, a parent is ineligible
  601  for temporary cash assistance unless the parent clearly
  602  demonstrates to the department that the parent provides primary
  603  day-to-day custody.
  604         (j) The payee of the temporary cash assistance payment is
  605  the caretaker relative with whom a minor child resides and who
  606  assumes primary responsibility for the child’s daily
  607  supervision, care, and control, except in cases where a
  608  protective payee is established.
  609         Section 20. Section 414.14, Florida Statutes, is amended to
  610  read:
  611         414.14 Public assistance policy simplification.—To the
  612  extent possible, the department shall align the requirements for
  613  eligibility under this chapter with the food assistance stamp
  614  program and medical assistance eligibility policies and
  615  procedures to simplify the budgeting process and reduce errors.
  616  If the department determines that s. 414.075, relating to
  617  resources, or s. 414.085, relating to income, is inconsistent
  618  with related provisions of federal law which govern the food
  619  assistance stamp program or medical assistance, and that
  620  conformance to federal law would simplify administration of the
  621  Temporary Cash Assistance WAGES Program or reduce errors without
  622  materially increasing the cost of the program to the state, the
  623  secretary of the department may propose a change in the resource
  624  or income requirements of the program by rule. The secretary
  625  shall provide written notice to the President of the Senate, the
  626  Speaker of the House of Representatives, and the chairs
  627  chairpersons of the appropriate legislative relevant committees
  628  of both houses of the Legislature summarizing the proposed
  629  modifications to be made by rule and changes necessary to
  630  conform state law to federal law. The proposed rule shall take
  631  effect 14 days after written notice is given unless the
  632  President of the Senate or the Speaker of the House of
  633  Representatives advises the secretary that the proposed rule
  634  exceeds the delegated authority of the Legislature.
  635         Section 21. Paragraph (e) of subsection (3) of section
  636  414.16, Florida Statutes, is amended to read:
  637         414.16 Emergency assistance program.—
  638         (3) CRITERIA.—The department shall develop criteria for
  639  implementation of the program in accordance with the following
  640  guidelines:
  641         (e) The family’s adjusted gross income may not exceed the
  642  prevailing standard for participation in the Temporary Cash
  643  Assistance WAGES Program for the family’s size.
  644         Section 22. Section 414.17, Florida Statutes, is amended to
  645  read:
  646         414.17 Audits.—The Temporary Cash Assistance WAGES Program
  647  is subject to the audit requirements of 31 U.S.C. ss. 5701 et
  648  seq.
  649         Section 23. Subsection (2) of section 414.175, Florida
  650  Statutes, is amended to read:
  651         414.175 Review of existing waivers.—
  652         (2) The department shall review federal law, including
  653  revisions to federal food assistance stamp requirements. If the
  654  department determines that federal food assistance stamp waivers
  655  will further the goals of this chapter, including simplification
  656  of program policies or program administration, the department
  657  may obtain waivers if this can be accomplished within available
  658  resources.
  659         Section 24. Section 414.31, Florida Statutes, is amended to
  660  read:
  661         414.31 State agency for administering federal food
  662  assistance stamp program.—
  663         (1) The department shall place into operation in each of
  664  the several counties of the state a food assistance stamp
  665  program as authorized by the Congress of the United States. The
  666  department is designated as the state agency responsible for the
  667  administration and operation of such programs.
  668         (2) The department shall provide for such instruction and
  669  counseling as will best assure that the recipients are able to
  670  provide a nutritionally adequate diet through the increased
  671  purchasing power received. This program shall be administered
  672  and operated in such a way that the distribution of food
  673  assistance stamps shall be in locations reasonably accessible to
  674  those areas in which persons eligible for the benefit of this
  675  program are likely to be concentrated.
  676         Section 25. Section 414.32, Florida Statutes, is amended to
  677  read:
  678         414.32 Prohibitions and restrictions with respect to food
  679  assistance program stamps.—
  680         (1) COOPERATION WITH CHILD SUPPORT ENFORCEMENT AGENCY.—
  681         (a) A parent or caretaker relative who receives temporary
  682  cash assistance or food assistance stamps on behalf of a child
  683  under 18 years of age who has an absent parent is ineligible for
  684  food assistance stamps unless the parent or caretaker relative
  685  cooperates with the state agency that administers the child
  686  support enforcement program in establishing the paternity of the
  687  child, if the child is born out of wedlock, and in obtaining
  688  support for the child or for the parent or caretaker relative
  689  and the child. This paragraph does not apply if the state agency
  690  that administers the food assistance stamp program determines
  691  that the parent or caretaker relative has good cause for failing
  692  to cooperate. The Department of Revenue shall determine good
  693  cause for failure to cooperate if the Department of Children and
  694  Family Services obtains written authorization from the United
  695  States Department of Agriculture approving such arrangements.
  696         (b) A putative or identified noncustodial parent of a child
  697  under 18 years of age is ineligible for food assistance stamps
  698  if the parent fails to cooperate with the state agency that
  699  administers the child support enforcement program in
  700  establishing the paternity of the child, if the child is born
  701  out of wedlock, or fails to provide support for the child. This
  702  paragraph does not apply if the state agency that administers
  703  the child support enforcement program determines that the
  704  noncustodial parent has good cause for refusing to cooperate in
  705  establishing the paternity of the child.
  706         (2) REDUCTION OR DENIAL OF TEMPORARY CASH ASSISTANCE.—The
  707  food assistance stamp allotment shall be reduced or terminated
  708  as otherwise provided in this chapter if temporary cash
  709  assistance under the Temporary Cash Assistance WAGES Program is
  710  reduced or denied because an individual in the family fails to
  711  perform an action required under the program.
  712         (3) DENIAL OF FOOD ASSISTANCE STAMP BENEFITS FOR RECEIPT OF
  713  MULTIPLE FOOD ASSISTANCE STAMP BENEFITS.—An individual is
  714  ineligible to participate in the food assistance stamp program
  715  individually, or as a member of any assistance group, for 10
  716  years following a conviction in federal or state court of having
  717  made a fraudulent statement or representation with respect to
  718  the identity or place of residence of the individual in order to
  719  receive multiple benefits simultaneously under the food
  720  assistance stamp program.
  721         (4) DENIAL OF FOOD ASSISTANCE STAMP BENEFITS TO FLEEING
  722  FELONS.—An individual is ineligible to participate in the food
  723  assistance stamp program during any period when the individual
  724  is fleeing to avoid prosecution, custody, or confinement after
  725  committing a crime, attempting to commit a crime that is a
  726  felony under the laws of the place from which the individual
  727  flees or a high misdemeanor in the State of New Jersey, or
  728  violating a condition of probation or parole imposed under
  729  federal or state law.
  730         Section 26. Section 414.33, Florida Statutes, is amended to
  731  read:
  732         414.33 Violations of food assistance stamp program.—
  733         (1) In accordance with federal law and regulations, the
  734  department shall establish procedures for notifying the
  735  appropriate federal and state agencies of any violation of
  736  federal or state laws or rules governing the food assistance
  737  stamp program.
  738         (2) In addition, the department shall establish procedures
  739  for referring to the Department of Law Enforcement any case that
  740  involves a suspected violation of federal or state law or rules
  741  governing the administration of the food assistance stamp
  742  program.
  743         Section 27. Section 414.34, Florida Statutes, is amended to
  744  read:
  745         414.34 Annual report concerning administrative complaints
  746  and disciplinary actions involving food assistance stamp program
  747  violations.—The department shall prepare and submit a report to
  748  the President of the Senate, the Speaker of the House of
  749  Representatives, the chairs of the appropriate legislative
  750  committees, and the Department of Law Enforcement by January 1
  751  of each year. In addition to any other information the
  752  Legislature may require, the report must include statistics and
  753  relevant information detailing:
  754         (1) The number of complaints received and investigated.
  755         (2) The number of findings of probable cause made.
  756         (3) The number of findings of no probable cause made.
  757         (4) The number of administrative complaints filed.
  758         (5) The disposition of all administrative complaints.
  759         (6) The number of criminal complaints brought under s.
  760  414.39, and their disposition.
  761         (7) The status of the development and implementation of
  762  rules governing the electronic benefits transfer program,
  763  including any recommendations for statutory changes.
  764         Section 28. Section 414.35, Florida Statutes, is amended to
  765  read:
  766         414.35 Emergency relief.—
  767         (1) The department shall adopt rules for the administration
  768  of emergency assistance programs delegated to the department
  769  either by executive order in accordance with the Disaster Relief
  770  Act of 1974 or pursuant to the Food and Nutrition Act of 2008
  771  Food Stamp Act of 1977.
  772         (2) In promulgating the rules required in this section, the
  773  department shall give particular consideration to the prevention
  774  of fraud in emergency assistance programs. Such rules shall, at
  775  a minimum, provide for:
  776         (a) Verification of an applicant’s identity and address.
  777         (b) Determination of an applicant’s need for assistance and
  778  verification of an applicant’s need in accordance with
  779  appropriate federal law and regulations.
  780         (c) The timely and adequate dissemination of accurate
  781  certification information to local emergency management
  782  agencies.
  783         (3) In administering emergency food assistance stamp and
  784  other emergency assistance programs, the department shall
  785  cooperate fully with the United States Government and with other
  786  departments, instrumentalities, and agencies of this state.
  787         Section 29. Section 414.36, Florida Statutes, is amended to
  788  read:
  789         414.36 Public assistance overpayment recovery program;
  790  contracts.—
  791         (1) The department shall develop and implement a plan for
  792  the statewide privatization of activities relating to the
  793  recovery of public assistance overpayment claims. These
  794  activities shall include, at a minimum, voluntary cash
  795  collections functions for recovery of fraudulent and
  796  nonfraudulent benefits paid to recipients of temporary cash
  797  assistance, food assistance stamps, and aid to families with
  798  dependent children.
  799         (2) For purposes of privatization of public assistance
  800  overpayment recovery, the department shall enter into contracts
  801  consistent with federal law with for-profit corporations, not
  802  for-profit corporations, or other entities capable of providing
  803  the services for recovering public assistance required under
  804  this section. The department shall issue requests for proposals,
  805  enter into a competitive bidding process, and negotiate
  806  contracts for such services. Contracts for such services may be
  807  funded on a contingency fee basis, per fiscal year, based on a
  808  percentage of the state-retained share of collections, for
  809  claims for food assistance stamps, aid to families with
  810  dependent children, and temporary cash assistance. This section
  811  does not prohibit districts from entering into contracts to
  812  carry out the provisions of this section, if that is a cost
  813  effective use of resources.
  814         (3) The Economic Self-Sufficiency Self-sufficiency Services
  815  Program Office of the department shall have responsibility for
  816  contract management and for monitoring and policy development
  817  functions relating to privatization of the public assistance
  818  overpayment recovery program.
  819         Section 30. Subsections (2), (3), (5), and (10) of section
  820  414.39, Florida Statutes, are amended to read:
  821         414.39 Fraud.—
  822         (2) Any person who knowingly:
  823         (a) Uses, transfers, acquires, traffics, alters, forges, or
  824  possesses, or
  825         (b) Attempts to use, transfer, acquire, traffic, alter,
  826  forge, or possess, or
  827         (c) Aids and abets another person in the use, transfer,
  828  acquisition, traffic, alteration, forgery, or possession of,
  829  
  830  a food stamp, a food assistance stamp identification card, an
  831  authorization, including, but not limited to, an electronic
  832  authorization, for the expenditure purchase of food assistance
  833  benefits stamps, a certificate of eligibility for medical
  834  services, or a Medicaid identification card in any manner not
  835  authorized by law is guilty of a crime and shall be punished as
  836  provided in subsection (5). For the purposes of this section,
  837  the value of an authorization to purchase food stamps shall be
  838  the difference between the coupon allotment and the amount paid
  839  by the recipient for that allotment.
  840         (3) Any person having duties in the administration of a
  841  state or federally funded public assistance program or in the
  842  distribution of public assistance, or authorizations or
  843  identifications to obtain public assistance, under a state or
  844  federally funded public assistance program and who:
  845         (a) Fraudulently misappropriates, attempts to
  846  misappropriate, or aids and abets in the misappropriation of, a
  847  food assistance stamp, an authorization for food assistance
  848  stamps, a food assistance stamp identification card, a
  849  certificate of eligibility for prescribed medicine, a Medicaid
  850  identification card, or public assistance from any other state
  851  or federally funded program with which he or she has been
  852  entrusted or of which he or she has gained possession by virtue
  853  of his or her position, or who knowingly fails to disclose any
  854  such fraudulent activity; or
  855         (b) Knowingly misappropriates, attempts to misappropriate,
  856  or aids or abets in the misappropriation of, funds given in
  857  exchange for food assistance program benefits stamps or for any
  858  form of food assistance stamp benefits authorization,
  859  
  860  is guilty of a crime and shall be punished as provided in
  861  subsection (5).
  862         (5)(a) If the value of the public assistance or
  863  identification wrongfully received, retained, misappropriated,
  864  sought, or used is less than an aggregate value of $200 in any
  865  12 consecutive months, such person commits a misdemeanor of the
  866  first degree, punishable as provided in s. 775.082 or s.
  867  775.083.
  868         (b) If the value of the public assistance or identification
  869  wrongfully received, retained, misappropriated, sought, or used
  870  is of an aggregate value of $200 or more in any 12 consecutive
  871  months, such person commits a felony of the third degree,
  872  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  873         (c) As used in this subsection, the value of a food
  874  assistance stamp authorization benefit is the cash or exchange
  875  value unlawfully obtained by the fraudulent act committed in
  876  violation of this section.
  877         (d) As used in this section, “fraud” includes the
  878  introduction of fraudulent records into a computer system, the
  879  unauthorized use of computer facilities, the intentional or
  880  deliberate alteration or destruction of computerized information
  881  or files, and the stealing of financial instruments, data, and
  882  other assets.
  883         (10) The department shall create an error-prone or fraud
  884  prone case profile within its public assistance information
  885  system and shall screen each application for public assistance,
  886  including food assistance stamps, Medicaid, and temporary cash
  887  assistance, against the profile to identify cases that have a
  888  potential for error or fraud. Each case so identified shall be
  889  subjected to preeligibility fraud screening.
  890         Section 31. Section 414.41, Florida Statutes, is amended to
  891  read:
  892         414.41 Recovery of payments made due to mistake or fraud.—
  893         (1) Whenever it becomes apparent that any person or
  894  provider has received any public assistance under this chapter
  895  to which she or he is not entitled, through either simple
  896  mistake or fraud on the part of the department or on the part of
  897  the recipient or participant, the department shall take all
  898  necessary steps to recover the overpayment. Recovery may include
  899  Federal Income Tax Refund Offset Program collections activities
  900  in conjunction with Food and Nutrition Consumer Service and the
  901  Internal Revenue Service to intercept income tax refunds due to
  902  clients who owe food assistance stamp or temporary cash
  903  assistance WAGES debt to the state. The department will follow
  904  the guidelines in accordance with federal rules and regulations
  905  and consistent with the Food Assistance Stamp Program. The
  906  department may make appropriate settlements and shall establish
  907  a policy and cost-effective rules to be used in the computation
  908  and recovery of such overpayments.
  909         (a) The department will consider an individual who has
  910  willfully provided false information or omitted information to
  911  become or remain eligible for temporary cash assistance to have
  912  committed an intentional program violation.
  913         (b) When the intentional program violation or case facts do
  914  not warrant criminal prosecution for fraud as defined in s.
  915  414.39, the department will initiate an administrative
  916  disqualification hearing. The administrative disqualification
  917  hearing will be initiated regardless of the individual’s current
  918  eligibility.
  919         (c) Upon a finding through the administrative
  920  disqualification hearing process that the individual did commit
  921  an intentional program violation, the department will impose a
  922  disqualification period consistent with those established for
  923  food assistance stamp program purposes.
  924         (2) The department shall determine if recovery of an
  925  overpayment as a result of department error regarding temporary
  926  cash assistance provided under the Temporary Cash Assistance
  927  WAGES Program or benefits provided to a recipient of aid to
  928  families with dependent children would create extreme hardship.
  929  The department shall provide by rule the circumstances that
  930  constitute an extreme hardship. The department may reduce the
  931  amount of repayment if a recipient or participant demonstrates
  932  to the satisfaction of the department that repayment of the
  933  entire overpayment would result in extreme hardship, but the
  934  department may not excuse repayment. A determination of extreme
  935  hardship is not grounds for a waiver of repayment in whole or in
  936  part.
  937         (3) The department, or its designee, shall enforce an order
  938  of income deduction by the court against the liable adult
  939  recipient or participant, including the head of a family, for
  940  overpayment received as an adult under the temporary cash
  941  assistance program, the AFDC program, the food assistance stamp
  942  program, or the Medicaid program.
  943         Section 32. Section 414.45, Florida Statutes, is amended to
  944  read:
  945         414.45 Rulemaking.—The department has authority to adopt
  946  rules pursuant to ss. 120.536(1) and 120.54 to implement and
  947  enforce the provisions of this chapter. The rules must provide
  948  protection against discrimination and the opportunity for a
  949  participant to request a review by a supervisor or administrator
  950  of any decision made by a panel or board of the department or
  951  the Temporary Cash Assistance WAGES Program.
  952         Section 33. Subsection (8) of section 420.624, Florida
  953  Statutes, is amended to read:
  954         420.624 Local homeless assistance continuum of care.—
  955         (8) Continuum of care plans must promote participation by
  956  all interested individuals and organizations and may not exclude
  957  individuals and organizations on the basis of race, color,
  958  national origin, sex, handicap, familial status, or religion.
  959  Faith-based organizations must be encouraged to participate. To
  960  the extent possible, these components should be coordinated and
  961  integrated with other mainstream health, social services, and
  962  employment programs for which homeless populations may be
  963  eligible, including Medicaid, State Children’s Health Insurance
  964  Program, Temporary Assistance for Needy Families, Food
  965  Assistance Program Stamps, and services funded through the
  966  Mental Health and Substance Abuse Block Grant, the Workforce
  967  Investment Act, and the welfare-to-work grant program.
  968         Section 34. Paragraph (g) of subsection (5) of section
  969  430.2053, Florida Statutes, is amended to read:
  970         430.2053 Aging resource centers.—
  971         (5) The duties of an aging resource center are to:
  972         (g) Enhance the existing area agency on aging in each
  973  planning and service area by integrating, either physically or
  974  virtually, the staff and services of the area agency on aging
  975  with the staff of the department’s local CARES Medicaid nursing
  976  home preadmission screening unit and a sufficient number of
  977  staff from the Department of Children and Family Services’
  978  Economic Self-Sufficiency Unit necessary to determine the
  979  financial eligibility for all persons age 60 and older residing
  980  within the area served by the aging resource center that are
  981  seeking Medicaid services, Supplemental Security Income, and
  982  food assistance stamps.
  983         Section 35. Paragraph (b) of subsection (5) of section
  984  445.004, Florida Statutes, is amended to read:
  985         445.004 Workforce Florida, Inc.; creation; purpose;
  986  membership; duties and powers.—
  987         (5) Workforce Florida, Inc., shall have all the powers and
  988  authority, not explicitly prohibited by statute, necessary or
  989  convenient to carry out and effectuate the purposes as
  990  determined by statute, Pub. L. No. 105-220, and the Governor, as
  991  well as its functions, duties, and responsibilities, including,
  992  but not limited to, the following:
  993         (b) Providing oversight and policy direction to ensure that
  994  the following programs are administered by the Agency for
  995  Workforce Innovation in compliance with approved plans and under
  996  contract with Workforce Florida, Inc.:
  997         1. Programs authorized under Title I of the Workforce
  998  Investment Act of 1998, Pub. L. No. 105-220, with the exception
  999  of programs funded directly by the United States Department of
 1000  Labor under Title I, s. 167.
 1001         2. Programs authorized under the Wagner-Peyser Act of 1933,
 1002  as amended, 29 U.S.C. ss. 49 et seq.
 1003         3. Activities authorized under Title II of the Trade Act of
 1004  2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
 1005  Adjustment Assistance Program.
 1006         4. Activities authorized under 38 U.S.C., chapter 41,
 1007  including job counseling, training, and placement for veterans.
 1008         5. Employment and training activities carried out under
 1009  funds awarded to this state by the United States Department of
 1010  Housing and Urban Development.
 1011         6. Welfare transition services funded by the Temporary
 1012  Assistance for Needy Families Program, created under the
 1013  Personal Responsibility and Work Opportunity Reconciliation Act
 1014  of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
 1015  of the Social Security Act, as amended.
 1016         7. Displaced homemaker programs, provided under s. 446.50.
 1017         8. The Florida Bonding Program, provided under Pub. L. No.
 1018  97-300, s. 164(a)(1).
 1019         9. The Food Assistance Stamp Employment and Training
 1020  Program, provided under the Food and Nutrition Act of 2008 Food
 1021  Stamp Act of 1977, 7 U.S.C. ss. 2011-2032; the Food Security Act
 1022  of 1988, Pub. L. No. 99-198; and the Hunger Prevention Act, Pub.
 1023  L. No. 100-435.
 1024         10. The Quick-Response Training Program, provided under ss.
 1025  288.046-288.047. Matching funds and in-kind contributions that
 1026  are provided by clients of the Quick-Response Training Program
 1027  shall count toward the requirements of s. 288.90151(5)(d),
 1028  pertaining to the return on investment from activities of
 1029  Enterprise Florida, Inc.
 1030         11. The Work Opportunity Tax Credit, provided under the Tax
 1031  and Trade Relief Extension Act of 1998, Pub. L. No. 105-277, and
 1032  the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
 1033         12. Offender placement services, provided under ss.
 1034  944.707-944.708.
 1035         Section 36. Paragraph (b) of subsection (9) of section
 1036  445.009, Florida Statutes, is amended to read:
 1037         445.009 One-stop delivery system.—
 1038         (9)
 1039         (b) The network shall assure that a uniform method is used
 1040  to determine eligibility for and management of services provided
 1041  by agencies that conduct workforce development activities. The
 1042  Department of Management Services shall develop strategies to
 1043  allow access to the databases and information management systems
 1044  of the following systems in order to link information in those
 1045  databases with the one-stop delivery system:
 1046         1. The Unemployment Compensation Program of the Agency for
 1047  Workforce Innovation.
 1048         2. The public employment service described in s. 443.181.
 1049         3. The FLORIDA System and the components related to
 1050  temporary cash assistance WAGES, food assistance stamps, and
 1051  Medicaid eligibility.
 1052         4. The Student Financial Assistance System of the
 1053  Department of Education.
 1054         5. Enrollment in the public postsecondary education system.
 1055         6. Other information systems determined appropriate by
 1056  Workforce Florida, Inc.
 1057         Section 37. Subsection (2) of section 445.024, Florida
 1058  Statutes, is amended to read:
 1059         445.024 Work requirements.—
 1060         (2) WORK ACTIVITY REQUIREMENTS.—Each individual who is not
 1061  otherwise exempt from work activity requirements must
 1062  participate in a work activity for the maximum number of hours
 1063  allowable under federal law; however, a participant may not be
 1064  required to work more than 40 hours per week. The maximum number
 1065  of hours each month that a family may be required to participate
 1066  in community service or work experience programs is the number
 1067  of hours that would result from dividing the family’s monthly
 1068  amount for temporary cash assistance and food assistance stamps
 1069  by the applicable minimum wage. However, the maximum hours
 1070  required per week for community service or work experience may
 1071  not exceed 40 hours.
 1072         (a) A participant in a work activity may also be required
 1073  to enroll in and attend a course of instruction designed to
 1074  increase literacy skills to a level necessary for obtaining or
 1075  retaining employment if the instruction plus the work activity
 1076  does not require more than 40 hours per week.
 1077         (b) Program funds may be used, as available, to support the
 1078  efforts of a participant who meets the work activity
 1079  requirements and who wishes to enroll in or continue enrollment
 1080  in an adult general education program or other training
 1081  programs.
 1082         Section 38. Section 445.026, Florida Statutes, is amended
 1083  to read:
 1084         445.026 Cash assistance severance benefit.—An individual
 1085  who meets the criteria listed in this section may choose to
 1086  receive a lump-sum payment in lieu of ongoing cash assistance
 1087  payments, provided the individual:
 1088         (1) Is employed and is receiving earnings.
 1089         (2) Has received cash assistance for at least 6 consecutive
 1090  months.
 1091         (3) Expects to remain employed for at least 6 months.
 1092         (4) Chooses to receive a one-time, lump-sum payment in lieu
 1093  of ongoing monthly payments.
 1094         (5) Provides employment and earnings information to the
 1095  regional workforce board, so that the regional workforce board
 1096  can ensure that the family’s eligibility for severance benefits
 1097  can be evaluated.
 1098         (6) Signs an agreement not to apply for or accept cash
 1099  assistance for 6 months after receipt of the one-time payment.
 1100  In the event of an emergency, such agreement shall provide for
 1101  an exception to this restriction, provided that the one-time
 1102  payment shall be deducted from any cash assistance for which the
 1103  family subsequently is approved. This deduction may be prorated
 1104  over an 8-month period. The board of directors of Workforce
 1105  Florida, Inc., shall adopt criteria defining the conditions
 1106  under which a family may receive cash assistance due to such
 1107  emergency.
 1108  
 1109  Such individual may choose to accept a one-time, lump-sum
 1110  payment of $1,000 in lieu of receiving ongoing cash assistance.
 1111  Such payment shall only count toward the time limitation for the
 1112  month in which the payment is made in lieu of cash assistance. A
 1113  participant choosing to accept such payment shall be terminated
 1114  from cash assistance. However, eligibility for Medicaid, food
 1115  assistance stamps, or child care shall continue, subject to the
 1116  eligibility requirements of those programs.
 1117         Section 39. Subsection (2) of section 445.048, Florida
 1118  Statutes, is amended to read:
 1119         445.048 Passport to Economic Progress program.—
 1120         (2) WAIVERS.—If Workforce Florida, Inc., in consultation
 1121  with the Department of Children and Family Services, finds that
 1122  federal waivers would facilitate implementation of the program,
 1123  the department shall immediately request such waivers, and
 1124  Workforce Florida, Inc., shall report to the Governor, the
 1125  President of the Senate, and the Speaker of the House of
 1126  Representatives if any refusal of the federal government to
 1127  grant such waivers prevents the implementation of the program.
 1128  If Workforce Florida, Inc., finds that federal waivers to
 1129  provisions of the Food Assistance Stamp Program would facilitate
 1130  implementation of the program, the Department of Children and
 1131  Family Services shall immediately request such waivers in
 1132  accordance with s. 414.175.
 1133         Section 40. Paragraph (d) of subsection (1) of section
 1134  718.115, Florida Statutes, is amended to read:
 1135         718.115 Common expenses and common surplus.—
 1136         (1)
 1137         (d) If so provided in the declaration, the cost of a master
 1138  antenna television system or duly franchised cable television
 1139  service obtained pursuant to a bulk contract shall be deemed a
 1140  common expense. If the declaration does not provide for the cost
 1141  of a master antenna television system or duly franchised cable
 1142  television service obtained under a bulk contract as a common
 1143  expense, the board may enter into such a contract, and the cost
 1144  of the service will be a common expense but allocated on a per
 1145  unit basis rather than a percentage basis if the declaration
 1146  provides for other than an equal sharing of common expenses, and
 1147  any contract entered into before July 1, 1998, in which the cost
 1148  of the service is not equally divided among all unit owners, may
 1149  be changed by vote of a majority of the voting interests present
 1150  at a regular or special meeting of the association, to allocate
 1151  the cost equally among all units. The contract shall be for a
 1152  term of not less than 2 years.
 1153         1. Any contract made by the board after the effective date
 1154  hereof for a community antenna system or duly franchised cable
 1155  television service may be canceled by a majority of the voting
 1156  interests present at the next regular or special meeting of the
 1157  association. Any member may make a motion to cancel said
 1158  contract, but if no motion is made or if such motion fails to
 1159  obtain the required majority at the next regular or special
 1160  meeting, whichever is sooner, following the making of the
 1161  contract, then such contract shall be deemed ratified for the
 1162  term therein expressed.
 1163         2. Any such contract shall provide, and shall be deemed to
 1164  provide if not expressly set forth, that any hearing-impaired or
 1165  legally blind unit owner who does not occupy the unit with a
 1166  non-hearing-impaired or sighted person, or any unit owner
 1167  receiving supplemental security income under Title XVI of the
 1168  Social Security Act or food assistance stamps as administered by
 1169  the Department of Children and Family Services pursuant to s.
 1170  414.31, may discontinue the service without incurring disconnect
 1171  fees, penalties, or subsequent service charges, and, as to such
 1172  units, the owners shall not be required to pay any common
 1173  expenses charge related to such service. If less than all
 1174  members of an association share the expenses of cable
 1175  television, the expense shall be shared equally by all
 1176  participating unit owners. The association may use the
 1177  provisions of s. 718.116 to enforce payment of the shares of
 1178  such costs by the unit owners receiving cable television.
 1179         Section 41. Paragraph (f) of subsection (1) of section
 1180  817.568, Florida Statutes, is amended to read:
 1181         817.568 Criminal use of personal identification
 1182  information.—
 1183         (1) As used in this section, the term:
 1184         (f) “Personal identification information” means any name or
 1185  number that may be used, alone or in conjunction with any other
 1186  information, to identify a specific individual, including any:
 1187         1. Name, postal or electronic mail address, telephone
 1188  number, social security number, date of birth, mother’s maiden
 1189  name, official state-issued or United States-issued driver’s
 1190  license or identification number, alien registration number,
 1191  government passport number, employer or taxpayer identification
 1192  number, Medicaid or food assistance stamp account number, bank
 1193  account number, credit or debit card number, or personal
 1194  identification number or code assigned to the holder of a debit
 1195  card by the issuer to permit authorized electronic use of such
 1196  card;
 1197         2. Unique biometric data, such as fingerprint, voice print,
 1198  retina or iris image, or other unique physical representation;
 1199         3. Unique electronic identification number, address, or
 1200  routing code;
 1201         4. Medical records;
 1202         5. Telecommunication identifying information or access
 1203  device; or
 1204         6. Other number or information that can be used to access a
 1205  person’s financial resources.
 1206         Section 42. Paragraph (a) of subsection (3) of section
 1207  921.0022, Florida Statutes, is amended to read:
 1208         921.0022 Criminal Punishment Code; offense severity ranking
 1209  chart.—
 1210         (3) OFFENSE SEVERITY RANKING CHART
 1211         (a) LEVEL 1
 1212  FloridaStatute   FelonyDegree                Description                 
 1213  24.118(3)(a)     3rd     Counterfeit or altered state lottery ticket.
 1214  212.054(2)(b)    3rd     Discretionary sales surtax; limitations, administration, and collection.
 1215  212.15(2)(b)     3rd     Failure to remit sales taxes, amount greater than $300 but less than $20,000.
 1216  316.1935(1)      3rd     Fleeing or attempting to elude law enforcement officer.
 1217  319.30(5)        3rd     Sell, exchange, give away certificate of title or identification number plate.
 1218  319.35(1)(a)     3rd     Tamper, adjust, change, etc., an odometer.  
 1219  320.26(1)(a)     3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
 1220  322.212(1)(a)-(c)3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver’s license; possession of simulated identification.
 1221  322.212(4)       3rd     Supply or aid in supplying unauthorized driver’s license or identification card.
 1222  322.212(5)(a)    3rd     False application for driver’s license or identification card.
 1223  414.39(2)        3rd     Unauthorized use, possession, forgery, or alteration of food assistance program stamps, Medicaid ID, value greater than $200.
 1224  414.39(3)(a)     3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
 1225  443.071(1)       3rd     False statement or representation to obtain or increase unemployment compensation benefits.
 1226  509.151(1)       3rd     Defraud an innkeeper, food or lodging value greater than $300.
 1227  517.302(1)       3rd     Violation of the Florida Securities and Investor Protection Act.
 1228  562.27(1)        3rd     Possess still or still apparatus.           
 1229  713.69           3rd     Tenant removes property upon which lien has accrued, value more than $50.
 1230  812.014(3)(c)    3rd     Petit theft (3rd conviction); theft of any property not specified in subsection (2).
 1231  812.081(2)       3rd     Unlawfully makes or causes to be made a reproduction of a trade secret.
 1232  815.04(4)(a)     3rd     Offense against intellectual property (i.e., computer programs, data).
 1233  817.52(2)        3rd     Hiring with intent to defraud, motor vehicle services.
 1234  817.569(2)       3rd     Use of public record or public records information to facilitate commission of a felony.
 1235  826.01           3rd     Bigamy.                                     
 1236  828.122(3)       3rd     Fighting or baiting animals.                
 1237  831.04(1)        3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
 1238  831.31(1)(a)     3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
 1239  832.041(1)       3rd     Stopping payment with intent to defraud $150 or more.
 1240  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.
 1241  838.15(2)        3rd     Commercial bribe receiving.                 
 1242  838.16           3rd     Commercial bribery.                         
 1243  843.18           3rd     Fleeing by boat to elude a law enforcement officer.
 1244  847.011(1)(a)    3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
 1245  849.01           3rd     Keeping gambling house.                     
 1246  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.
 1247  849.23           3rd     Gambling-related machines;“common offender” as to property rights.
 1248  849.25(2)        3rd     Engaging in bookmaking.                     
 1249  860.08           3rd     Interfere with a railroad signal.           
 1250  860.13(1)(a)     3rd     Operate aircraft while under the influence. 
 1251  893.13(2)(a)2.   3rd     Purchase of cannabis.                       
 1252  893.13(6)(a)     3rd     Possession of cannabis (more than 20 grams).
 1253  934.03(1)(a)     3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
 1254         Section 43. Paragraph (a) of subsection (1) of section
 1255  943.401, Florida Statutes, is amended to read:
 1256         943.401 Public assistance fraud.—
 1257         (1)(a) The Department of Law Enforcement shall investigate
 1258  all public assistance provided to residents of the state or
 1259  provided to others by the state. In the course of such
 1260  investigation the Department of Law Enforcement shall examine
 1261  all records, including electronic benefits transfer records and
 1262  make inquiry of all persons who may have knowledge as to any
 1263  irregularity incidental to the disbursement of public moneys,
 1264  food assistance stamps, or other items or benefits
 1265  authorizations to recipients.
 1266         Section 44. This act shall take effect July 1, 2010.

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