October 16, 2019
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The Florida Statutes

The 2009 Florida Statutes

Title XXXI
LABOR
Chapter 445
WORKFORCE INNOVATION
View Entire Chapter
Section 445.024, Florida Statutes 2009

445.024  Work requirements.--

(1)  WORK ACTIVITIES.--The Agency for Workforce Innovation may develop activities under each of the following categories of work activities. The following categories of work activities, based on federal law and regulations, may be used individually or in combination to satisfy the work requirements for a participant in the temporary cash assistance program:

(a)  Unsubsidized employment.

(b)  Subsidized private sector employment.

(c)  Subsidized public sector employment.

(d)  On-the-job training.

(e)  Community service programs.

(f)  Work experience.

(g)  Job search and job readiness assistance.

(h)  Vocational educational training.

(i)  Job skills training directly related to employment.

(j)  Education directly related to employment.

(k)  Satisfactory attendance at a secondary school or in a course of study leading to a graduate equivalency diploma.

(l)  Providing child care services.

(2)  WORK ACTIVITY REQUIREMENTS.--Each individual who is not otherwise exempt from work activity requirements must participate in a work activity for the maximum number of hours allowable under federal law; however, a participant may not be required to work more than 40 hours per week. The maximum number of hours each month that a family may be required to participate in community service or work experience programs is the number of hours that would result from dividing the family's monthly amount for temporary cash assistance and food stamps by the applicable minimum wage. However, the maximum hours required per week for community service or work experience may not exceed 40 hours.

(a)  A participant in a work activity may also be required to enroll in and attend a course of instruction designed to increase literacy skills to a level necessary for obtaining or retaining employment if the instruction plus the work activity does not require more than 40 hours per week.

(b)  Program funds may be used, as available, to support the efforts of a participant who meets the work activity requirements and who wishes to enroll in or continue enrollment in an adult general education program or other training programs.

(3)  EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The following individuals are exempt from work activity requirements:

(a)  An individual who receives benefits under the Supplemental Security Income program or the Social Security Disability Insurance program.

(b)  An adult who is not defined as a work-eligible individual under federal law.

(c)  A single parent of a child under 3 months of age, except that the parent may be required to attend parenting classes or other activities to better prepare for the responsibilities of raising a child.

(d)  An individual who is exempt from the time period pursuant to s. 414.105.

(4)  PRIORITIZATION OF WORK REQUIREMENTS.--Regional workforce boards shall require participation in work activities to the maximum extent possible, subject to federal and state funding. If funds are projected to be insufficient to allow full-time work activities by all program participants who are required to participate in work activities, regional workforce boards shall screen participants and assign priority based on the following:

(a)  In accordance with federal requirements, at least one adult in each two-parent family shall be assigned priority for full-time work activities.

(b)  Among single-parent families, a family that has older preschool children or school-age children shall be assigned priority for work activities.

(c)  A participant who has access to subsidized or unsubsidized child care may be assigned priority for work activities.

(d)  Priority may be assigned based on the amount of time remaining until the participant reaches the applicable time limit for program participation or may be based on requirements of a case plan.

Regional workforce boards may limit a participant's weekly work requirement to the minimum required to meet federal work activity requirements. Regional workforce boards may develop screening and prioritization procedures based on the allocation of resources, the availability of community resources, the provision of supportive services, or the work activity needs of the service area.

(5)  USE OF CONTRACTS.--Regional workforce boards shall provide work activities, training, and other services, as appropriate, through contracts. In contracting for work activities, training, or services, the following applies:

(a)  A contract must be performance-based. Payment shall be tied to performance outcomes that include factors such as, but not limited to, diversion from cash assistance, job entry, job entry at a target wage, job retention, and connection to transition services rather than tied to completion of training or education or any other phase of the program participation process.

(b)  A contract may include performance-based incentive payments that may vary according to the extent to which the participant is more difficult to place. Contract payments may be weighted proportionally to reflect the extent to which the participant has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment. The factors may include the extent of prior receipt of welfare, lack of employment experience, lack of education, lack of job skills, and other factors determined appropriate by the regional workforce board.

(c)  Notwithstanding the exemption from the competitive sealed bid requirements provided in s. 287.057(5)(f) for certain contractual services, each contract awarded under this chapter must be awarded on the basis of a competitive sealed bid, except for a contract with a governmental entity as determined by the regional workforce board.

(d)  Regional workforce boards may contract with commercial, charitable, or religious organizations. A contract must comply with federal requirements with respect to nondiscrimination and other requirements that safeguard the rights of participants. Services may be provided under contract, certificate, voucher, or other form of disbursement.

(e)  The administrative costs associated with a contract for services provided under this section may not exceed the applicable administrative cost ceiling established in federal law. An agency or entity that is awarded a contract under this section may not charge more than 7 percent of the value of the contract for administration, unless an exception is approved by the regional workforce board. A list of any exceptions approved must be submitted to the board of directors of Workforce Florida, Inc., for review, and the board may rescind approval of the exception.

(f)  Regional workforce boards may enter into contracts to provide short-term work experience for the chronically unemployed as provided in this section.

(g)  A tax-exempt organization under s. 501(c) of the Internal Revenue Code of 1986 which receives funds under this chapter must disclose receipt of federal funds on any advertising, promotional, or other material in accordance with federal requirements.

(6)  PROTECTIONS FOR PARTICIPANTS.--Each participant is subject to the same health, safety, and nondiscrimination standards established under federal, state, or local laws that otherwise apply to other individuals engaged in similar activities who are not participants in the welfare transition program.

(7)  PROTECTION FOR CURRENT EMPLOYEES.--In establishing and contracting for work experience and community service activities, other work experience activities, on-the-job training, subsidized employment, and work supplementation under the welfare transition program, an employed worker may not be displaced, either completely or partially. A participant may not be assigned to an activity or employed in a position if the employer has created the vacancy or terminated an existing employee without good cause in order to fill that position with a program participant.

History.--s. 24, ch. 2000-165; s. 71, ch. 2001-62; s. 16, ch. 2001-278; s. 35, ch. 2002-22; s. 42, ch. 2002-207; s. 1005, ch. 2002-387; s. 46, ch. 2004-357; s. 1, ch. 2007-197; s. 33, ch. 2008-61.

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