(a) The Departmentshall prepare and submit to the Director of the Budget a biennial State Planthat proposes the goals and requirements for the State and the terms of theWork First Program for each fiscal year. Prior to submitting a State Plan tothe General Assembly, the Department shall:
(1) Consult with localgovernment and private sector organizations regarding the design of the StatePlan and allow 45 days to receive comments from those organizations; and
(2) Upon complying withsubdivision (1) of this subsection, submit the State Plan to the SenateAppropriations Committee on Health and Human Services and the House ofRepresentatives Appropriations Subcommittee on Health and Human Services forreview.
(b) The State Plan shallconsist of generally applicable provisions and two separate sections, oneproposing the terms of the Work First Program in Electing Counties, and theother proposing the terms for the Standard Work First Program.
(c) The State Planshall include the following generally applicable provisions:
(1) Provisions to ensurethat recipients who are sanctioned are provided a clear explanation of thesanction and that all recipients, including those under sanction or terminationfor rules infractions, are fully informed of their right to legal counsel andany other representatives they choose at their own cost;
(1a) Provisions to ensurethat no Work First Program recipients, required to participate in workactivities, shall be employed or assigned when:
a. Any regular employeeis on layoff from the same or substantially equivalent job;
b. An employerterminates any regular employee or otherwise causes an involuntary reduction inthe employer's workforce in order to hire Work First recipients; or
c. An employer otherwisecauses the displacement of any currently employed worker or positions,including partial displacements such as reductions in hours of nonovertimework, wages, or employment benefits, in order to hire Work First recipients;
(1b) Reserved for futurecodification purposes.
(1c) Provisions to ensurethat all work eligible parents and all parents with a child under 12 months ofage are subject to pay for performance requirements. Pay for performancerequirements means that the family will receive Work First benefits in themonth following a month that they comply with their Mutual ResponsibilityAgreement. Failure to comply with the Mutual Responsibility Agreement withoutgood cause will result in no Work First benefits in the following month.
(2) Provisions to ensurethe establishment and maintenance of grievance procedures to resolve complaintsby regular employees who allege that the employment or assignment of a WorkFirst Program recipient is in violation of subdivision (1a) of this subsection,and grievance procedures to resolve complaints by Work First Participants madepursuant to subdivision (3) of this subsection;
(3) Provisions to ensurethat Work First Program participants, required to participate in workactivities, shall be subject to and have the Work First Program employees insimilarly situated work activities, including, but not limited to, wage andhour laws, health and safety standards, and nondiscrimination laws, providedthat nothing in this subdivision shall be construed to prohibit Work FirstProgram participants from receiving additional State or county servicesdesigned to assist Work First Program participants achieve job stability andself‑sufficiency;
(4) A description ofeligible federal and State work activities. For up to twenty percent (20%) ofWork First recipients, authorized State work activities shall include at leastpart‑time enrollment in a postsecondary education program. In StandardCounties, recipients enrolled on at least a part‑time basis in apostsecondary education program and maintaining a 2.5 grade point average orits equivalent shall have their two‑year time limit suspended for up tothree years.
(5) Requirements forassignment of child support income and compliance with child supportactivities;
(6) Incentives for high‑performingcounties, contingency plans for counties unable to meet financial commitmentsduring the term of the State Plan, and sanctions against counties failing tomeet performance expectations, including allocation of any federal penaltiesthat may be assessed against the State as a result of a county's failure toperform; and
(7) Anything elserequired by federal or State law, rule, or regulation to be included in theState Plan.
(d) The section of theState Plan proposing the terms of the Work First Program in Electing Countiesshall be based upon the aggregate of the Electing County Plans and shallinclude federal eligibility requirements and a description of the eligibilityrequirements and benefit calculation in each Electing County.
The Department may modify thesection in the State Plan regarding Electing Counties once a biennium or exceptas necessary to reflect any modifications made by an Electing County. Anychanges to the section of the State Plan regarding Electing Counties shall bereported to the Senate Appropriations Committee on Health and Human Services,the House of Representatives Appropriations Subcommittee on Health and HumanServices, and the Fiscal Research Division within one month following thechanges.
(e) The section of the StatePlan describing the Standard Work First Program shall include:
(1) Benefit levels,limitations, and payments and the method for calculating benefit levels andpayments;
(2) Eligibilitycriteria, including asset and income standards;
(3) Any exceptions orexemptions proposed to work requirements;
(4) Provisions for whenextensions may be granted to a person or family who reaches the time limit forreceipt of benefits;
(5) Provisions forexceptions and exemptions to criteria, time limits, and standards;
(6) Provisions forsanctions for recipient failure to comply with program requirements; and
(7) through (10) Repealed bySession Laws 2009‑489, s. 7, effective August 26, 2009.
(11) A description of theDepartment's consultation with local governments and private sectororganizations and a summary of any comments received during the 45‑daypublic comment period.
(f) In addition tothose items required to be included pursuant to subsection (e) of this section,the State Plan may include proposals to establish the following as part of theStandard Work First Program:
(1) Demonstrationprojects in one or more counties to assess the value of any proposed changes inState policy or to test ways to improve programs; and
(2) Requirement thatrecipients shall be required to enter into and comply with MutualResponsibility Agreements as a condition of receiving benefits. If provided forin the State Plan, the terms and conditions of Mutual Responsibility Agreementsshall be consistent with program purposes, federal law, and availability offunds.
(g) The State Plan mayprovide for automatic Medicaid eligibility for all Work First Programrecipients.
(h) The State Plan mayprovide that in cases where benefits are paid only for a child, the case isconsidered a family case. (1997‑443, s. 12.6; 1997‑456, s. 55.10;1998‑212, s. 12.27A(b), (b1); 1999‑359, ss. 1.2(b), 2(c); 2001‑424,s. 21.13(c), (e); 2007‑323, s. 10.35A(a); 2009‑489, s. 10.)
(a) The Departmentshall prepare and submit to the Director of the Budget a biennial State Planthat proposes the goals and requirements for the State and the terms of theWork First Program for each fiscal year. Prior to submitting a State Plan tothe General Assembly, the Department shall:
(1) Consult with localgovernment and private sector organizations regarding the design of the StatePlan and allow 45 days to receive comments from those organizations; and
(2) Upon complying withsubdivision (1) of this subsection, submit the State Plan to the SenateAppropriations Committee on Health and Human Services and the House ofRepresentatives Appropriations Subcommittee on Health and Human Services forreview.
(b) The State Plan shallconsist of generally applicable provisions and two separate sections, oneproposing the terms of the Work First Program in Electing Counties, and theother proposing the terms for the Standard Work First Program.
(c) The State Planshall include the following generally applicable provisions:
(1) Provisions to ensurethat recipients who are sanctioned are provided a clear explanation of thesanction and that all recipients, including those under sanction or terminationfor rules infractions, are fully informed of their right to legal counsel andany other representatives they choose at their own cost;
(1a) Provisions to ensurethat no Work First Program recipients, required to participate in workactivities, shall be employed or assigned when:
a. Any regular employeeis on layoff from the same or substantially equivalent job;
b. An employerterminates any regular employee or otherwise causes an involuntary reduction inthe employer's workforce in order to hire Work First recipients; or
c. An employer otherwisecauses the displacement of any currently employed worker or positions,including partial displacements such as reductions in hours of nonovertimework, wages, or employment benefits, in order to hire Work First recipients;
(1b) Reserved for futurecodification purposes.
(1c) Provisions to ensurethat all work eligible parents and all parents with a child under 12 months ofage are subject to pay for performance requirements. Pay for performancerequirements means that the family will receive Work First benefits in themonth following a month that they comply with their Mutual ResponsibilityAgreement. Failure to comply with the Mutual Responsibility Agreement withoutgood cause will result in no Work First benefits in the following month.
(2) Provisions to ensurethe establishment and maintenance of grievance procedures to resolve complaintsby regular employees who allege that the employment or assignment of a WorkFirst Program recipient is in violation of subdivision (1a) of this subsection,and grievance procedures to resolve complaints by Work First Participants madepursuant to subdivision (3) of this subsection;
(3) Provisions to ensurethat Work First Program participants, required to participate in workactivities, shall be subject to and have the Work First Program employees insimilarly situated work activities, including, but not limited to, wage andhour laws, health and safety standards, and nondiscrimination laws, providedthat nothing in this subdivision shall be construed to prohibit Work FirstProgram participants from receiving additional State or county servicesdesigned to assist Work First Program participants achieve job stability andself‑sufficiency;
(4) A description ofeligible federal and State work activities. For up to twenty percent (20%) ofWork First recipients, authorized State work activities shall include at leastpart‑time enrollment in a postsecondary education program. In StandardCounties, recipients enrolled on at least a part‑time basis in apostsecondary education program and maintaining a 2.5 grade point average orits equivalent shall have their two‑year time limit suspended for up tothree years.
(5) Requirements forassignment of child support income and compliance with child supportactivities;
(6) Incentives for high‑performingcounties, contingency plans for counties unable to meet financial commitmentsduring the term of the State Plan, and sanctions against counties failing tomeet performance expectations, including allocation of any federal penaltiesthat may be assessed against the State as a result of a county's failure toperform; and
(7) Anything elserequired by federal or State law, rule, or regulation to be included in theState Plan.
(d) The section of theState Plan proposing the terms of the Work First Program in Electing Countiesshall be based upon the aggregate of the Electing County Plans and shallinclude federal eligibility requirements and a description of the eligibilityrequirements and benefit calculation in each Electing County.
The Department may modify thesection in the State Plan regarding Electing Counties once a biennium or exceptas necessary to reflect any modifications made by an Electing County. Anychanges to the section of the State Plan regarding Electing Counties shall bereported to the Senate Appropriations Committee on Health and Human Services,the House of Representatives Appropriations Subcommittee on Health and HumanServices, and the Fiscal Research Division within one month following thechanges.
(e) The section of the StatePlan describing the Standard Work First Program shall include:
(1) Benefit levels,limitations, and payments and the method for calculating benefit levels andpayments;
(2) Eligibilitycriteria, including asset and income standards;
(3) Any exceptions orexemptions proposed to work requirements;
(4) Provisions for whenextensions may be granted to a person or family who reaches the time limit forreceipt of benefits;
(5) Provisions forexceptions and exemptions to criteria, time limits, and standards;
(6) Provisions forsanctions for recipient failure to comply with program requirements; and
(7) through (10) Repealed bySession Laws 2009‑489, s. 7, effective August 26, 2009.
(11) A description of theDepartment's consultation with local governments and private sectororganizations and a summary of any comments received during the 45‑daypublic comment period.
(f) In addition tothose items required to be included pursuant to subsection (e) of this section,the State Plan may include proposals to establish the following as part of theStandard Work First Program:
(1) Demonstrationprojects in one or more counties to assess the value of any proposed changes inState policy or to test ways to improve programs; and
(2) Requirement thatrecipients shall be required to enter into and comply with MutualResponsibility Agreements as a condition of receiving benefits. If provided forin the State Plan, the terms and conditions of Mutual Responsibility Agreementsshall be consistent with program purposes, federal law, and availability offunds.
(g) The State Plan mayprovide for automatic Medicaid eligibility for all Work First Programrecipients.
(h) The State Plan mayprovide that in cases where benefits are paid only for a child, the case isconsidered a family case. (1997‑443, s. 12.6; 1997‑456, s. 55.10;1998‑212, s. 12.27A(b), (b1); 1999‑359, ss. 1.2(b), 2(c); 2001‑424,s. 21.13(c), (e); 2007‑323, s. 10.35A(a); 2009‑489, s. 10.)
(a) The Departmentshall prepare and submit to the Director of the Budget a biennial State Planthat proposes the goals and requirements for the State and the terms of theWork First Program for each fiscal year. Prior to submitting a State Plan tothe General Assembly, the Department shall:
(1) Consult with localgovernment and private sector organizations regarding the design of the StatePlan and allow 45 days to receive comments from those organizations; and
(2) Upon complying withsubdivision (1) of this subsection, submit the State Plan to the SenateAppropriations Committee on Health and Human Services and the House ofRepresentatives Appropriations Subcommittee on Health and Human Services forreview.
(b) The State Plan shallconsist of generally applicable provisions and two separate sections, oneproposing the terms of the Work First Program in Electing Counties, and theother proposing the terms for the Standard Work First Program.
(c) The State Planshall include the following generally applicable provisions:
(1) Provisions to ensurethat recipients who are sanctioned are provided a clear explanation of thesanction and that all recipients, including those under sanction or terminationfor rules infractions, are fully informed of their right to legal counsel andany other representatives they choose at their own cost;
(1a) Provisions to ensurethat no Work First Program recipients, required to participate in workactivities, shall be employed or assigned when:
a. Any regular employeeis on layoff from the same or substantially equivalent job;
b. An employerterminates any regular employee or otherwise causes an involuntary reduction inthe employer's workforce in order to hire Work First recipients; or
c. An employer otherwisecauses the displacement of any currently employed worker or positions,including partial displacements such as reductions in hours of nonovertimework, wages, or employment benefits, in order to hire Work First recipients;
(1b) Reserved for futurecodification purposes.
(1c) Provisions to ensurethat all work eligible parents and all parents with a child under 12 months ofage are subject to pay for performance requirements. Pay for performancerequirements means that the family will receive Work First benefits in themonth following a month that they comply with their Mutual ResponsibilityAgreement. Failure to comply with the Mutual Responsibility Agreement withoutgood cause will result in no Work First benefits in the following month.
(2) Provisions to ensurethe establishment and maintenance of grievance procedures to resolve complaintsby regular employees who allege that the employment or assignment of a WorkFirst Program recipient is in violation of subdivision (1a) of this subsection,and grievance procedures to resolve complaints by Work First Participants madepursuant to subdivision (3) of this subsection;
(3) Provisions to ensurethat Work First Program participants, required to participate in workactivities, shall be subject to and have the Work First Program employees insimilarly situated work activities, including, but not limited to, wage andhour laws, health and safety standards, and nondiscrimination laws, providedthat nothing in this subdivision shall be construed to prohibit Work FirstProgram participants from receiving additional State or county servicesdesigned to assist Work First Program participants achieve job stability andself‑sufficiency;
(4) A description ofeligible federal and State work activities. For up to twenty percent (20%) ofWork First recipients, authorized State work activities shall include at leastpart‑time enrollment in a postsecondary education program. In StandardCounties, recipients enrolled on at least a part‑time basis in apostsecondary education program and maintaining a 2.5 grade point average orits equivalent shall have their two‑year time limit suspended for up tothree years.
(5) Requirements forassignment of child support income and compliance with child supportactivities;
(6) Incentives for high‑performingcounties, contingency plans for counties unable to meet financial commitmentsduring the term of the State Plan, and sanctions against counties failing tomeet performance expectations, including allocation of any federal penaltiesthat may be assessed against the State as a result of a county's failure toperform; and
(7) Anything elserequired by federal or State law, rule, or regulation to be included in theState Plan.
(d) The section of theState Plan proposing the terms of the Work First Program in Electing Countiesshall be based upon the aggregate of the Electing County Plans and shallinclude federal eligibility requirements and a description of the eligibilityrequirements and benefit calculation in each Electing County.
The Department may modify thesection in the State Plan regarding Electing Counties once a biennium or exceptas necessary to reflect any modifications made by an Electing County. Anychanges to the section of the State Plan regarding Electing Counties shall bereported to the Senate Appropriations Committee on Health and Human Services,the House of Representatives Appropriations Subcommittee on Health and HumanServices, and the Fiscal Research Division within one month following thechanges.
(e) The section of the StatePlan describing the Standard Work First Program shall include:
(1) Benefit levels,limitations, and payments and the method for calculating benefit levels andpayments;
(2) Eligibilitycriteria, including asset and income standards;
(3) Any exceptions orexemptions proposed to work requirements;
(4) Provisions for whenextensions may be granted to a person or family who reaches the time limit forreceipt of benefits;
(5) Provisions forexceptions and exemptions to criteria, time limits, and standards;
(6) Provisions forsanctions for recipient failure to comply with program requirements; and
(7) through (10) Repealed bySession Laws 2009‑489, s. 7, effective August 26, 2009.
(11) A description of theDepartment's consultation with local governments and private sectororganizations and a summary of any comments received during the 45‑daypublic comment period.
(f) In addition tothose items required to be included pursuant to subsection (e) of this section,the State Plan may include proposals to establish the following as part of theStandard Work First Program:
(1) Demonstrationprojects in one or more counties to assess the value of any proposed changes inState policy or to test ways to improve programs; and
(2) Requirement thatrecipients shall be required to enter into and comply with MutualResponsibility Agreements as a condition of receiving benefits. If provided forin the State Plan, the terms and conditions of Mutual Responsibility Agreementsshall be consistent with program purposes, federal law, and availability offunds.
(g) The State Plan mayprovide for automatic Medicaid eligibility for all Work First Programrecipients.
(h) The State Plan mayprovide that in cases where benefits are paid only for a child, the case isconsidered a family case. (1997‑443, s. 12.6; 1997‑456, s. 55.10;1998‑212, s. 12.27A(b), (b1); 1999‑359, ss. 1.2(b), 2(c); 2001‑424,s. 21.13(c), (e); 2007‑323, s. 10.35A(a); 2009‑489, s. 10.)
