Fla. Stat. § 414.065
(1) WORK ACTIVITIES.--The following activities may be used individually or in combination to satisfy the work requirements for a participant in the WAGES Program:
(b) Subsidized private sector employment.--Subsidized private sector employment is employment in a private for-profit enterprise or a private not-for-profit enterprise which is directly supplemented by federal or state funds. A subsidy may be provided in one or more of the forms listed in this paragraph.
1. Work supplementation.--A work supplementation subsidy diverts a participant's temporary cash assistance under the program to the employer. The employer must pay the participant wages that equal or exceed the applicable federal minimum wage. Work supplementation may not exceed 6 months. At the end of the supplementation period, the employer is expected to retain the participant as a regular employee without receiving a subsidy. A work supplementation agreement may not be continued with any employer who exhibits a pattern of failing to provide participants with continued employment after the period of work supplementation ends.
2. On-the-job training.--On-the-job training is full-time, paid employment in which the employer or an educational institution in cooperation with the employer provides training needed for the participant to perform the skills required for the position. The employer or the educational institution on behalf of the employer receives a subsidy to offset the cost of the training provided to the participant. Upon satisfactory completion of the training, the employer is expected to retain the participant as a regular employee without receiving a subsidy. An on-the-job training agreement may not be continued with any employer who exhibits a pattern of failing to provide participants with continued employment after the on-the-job training subsidy ends.
3. Incentive payments.--The department and local WAGES coalitions may provide additional incentive payments to encourage employers to employ program participants. Incentive payments may include payments to encourage the employment of hard-to-place participants, in which case the amount of the payment shall be weighted proportionally to the extent to which the participant has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment. In establishing incentive payments, the department and local WAGES coalitions shall consider the extent of prior receipt of welfare, lack of employment experience, lack of education, lack of job skills, and other appropriate factors. A participant who has complied with program requirements and who is approaching the time limit for receiving temporary cash assistance may be defined as "hard-to-place." Incentive payments may include payments in which an initial payment is made to the employer upon the employment of a participant, and the majority of the incentive payment is made after the employer retains the participant as a full-time employee for at least 12 months. An incentive agreement may not be continued with any employer who exhibits a pattern of failing to provide participants with continued employment after the incentive payments cease.
4. Tax credits.--An employer who employs a program participant may qualify for enterprise zone property tax credits under s. 220.182, the tax refund program for qualified target industry businesses under s. 288.106, or other federal or state tax benefits. The department and the Department of Labor and Employment Security shall provide information and assistance, as appropriate, to use such credits to accomplish program goals.
5. WAGES training bonus.--An employer who hires a WAGES participant who has less than 6 months of eligibility for temporary cash assistance remaining and who pays the participant a wage that precludes the participant's eligibility for temporary cash assistance may receive $240 for each full month of employment for a period that may not exceed 3 months. An employer who receives a WAGES training bonus for an employee may not receive a work supplementation subsidy for the same employee. Employment is defined as 35 hours per week at a wage of no less than minimum wage.
(d) Community service work experience.--Community service work experience is job training experience at a supervised public or private not-for-profit agency. A participant shall receive temporary cash assistance in the form of wages, which, when combined with the value of food stamps awarded to the participant, is proportional to the amount of time worked. A participant in the WAGES Program or the Food Stamp Employment and Training program assigned to community service work experience shall be deemed an employee of the state for purposes of workers' compensation coverage and is subject to the requirements of the drug-free workplace program. Community service work experience may be selected as an activity for a participant who needs to increase employability by improving his or her interpersonal skills, job-retention skills, stress management, and job problem solving, and by learning to attain a balance between job and personal responsibilities. Community service is intended to:
1. Assess WAGES Program compliance before referral of the participant to costly services such as career education;
2. Maintain work activity status while the participant awaits placement into paid employment or training;
3. Fulfill a clinical practicum or internship requirement related to employment; or
4. Provide work-based mentoring. As used in this paragraph, the terms "community service experience," "community work," and "workfare" are synonymous.
(f) Job search and job readiness assistance.--Job search assistance may include supervised or unsupervised job-seeking activities. Job readiness assistance provides support for job-seeking activities, which may include:
1. Orientation to the world of work and basic job-seeking and job retention skills.
2. Instruction in completing an application for employment and writing a resume.
3. Instruction in conducting oneself during a job interview, including appropriate dress.
4. Instruction in how to retain a job, plan a career, and perform successfully in the workplace. Job readiness assistance may also include providing a participant with access to an employment resource center that contains job listings, telephones, facsimile machines, typewriters, and word processors. Job search and job readiness activities may be used in conjunction with other program activities, such as work experience, but may not be the primary work activity for longer than the length of time permitted under federal law.
(g) Vocational education or training.--Vocational education or training is education or training designed to provide participants with the skills and certification necessary for employment in an occupational area. Vocational education or training may be used as a primary program activity for participants when it has been determined that the individual has demonstrated compliance with other phases of program participation and successful completion of the vocational education or training is likely to result in employment entry at a higher wage than the participant would have been likely to attain without completion of the vocational education or training. Vocational education or training may be combined with other program activities and also may be used to upgrade skills or prepare for a higher paying occupational area for a participant who is employed.
1. Unless otherwise provided in this section, vocational education shall not be used as the primary program activity for a period which exceeds 12 months. The 12-month restriction applies to instruction in a career education program and does not include remediation of basic skills, including English language proficiency, if remediation is necessary to enable a WAGES participant to benefit from a career education program. Any necessary remediation must be completed before a participant is referred to vocational education as the primary work activity. In addition, use of vocational education or training shall be restricted to the limitation established in federal law. Vocational education included in a program leading to a high school diploma shall not be considered vocational education for purposes of this section.
2. When possible, a provider of vocational education or training shall use funds provided by funding sources other than the department or the local WAGES coalition. Either department may provide additional funds to a vocational education or training provider only if payment is made pursuant to a performance-based contract. Under a performance-based contract, the provider may be partially paid when a participant completes education or training, but the majority of payment shall be made following the participant's employment at a specific wage or job retention for a specific duration. Performance-based payments made under this subparagraph are limited to education or training for targeted occupations identified by the Occupational Forecasting Conference under s. 216.136, or other programs identified by the Workforce Development Board as beneficial to meet the needs of designated groups, such as WAGES participants, who are hard to place. If the contract pays the full cost of training, the community college or school district may not report the participants for other state funding, except that the college or school district may report WAGES clients for performance incentives or bonuses authorized for student enrollment, completion, and placement.
(j) School attendance.--Attendance at a high school or attendance at a program designed to prepare the participant to receive a high school equivalency diploma is a required program activity for each participant 19 years of age or younger who:
1. Has not completed high school or obtained a high school equivalency diploma;
2. Is a dependent child or a head of household; and
3. For whom it has not been determined that another program activity is more appropriate.
(2) WORK ACTIVITY REQUIREMENTS.--Each individual who is not otherwise exempt must participate in a work activity, except for community service work experience, for the maximum number of hours allowable under federal law, provided that no participant be required to work more than 40 hours per week or less than the minimum number of hours required by federal law. The maximum number of hours each month that a participant may be required to participate in community service activities is the greater of: the number of hours that would result from dividing the family's monthly amount for temporary cash assistance and food stamps by the federal minimum wage and then dividing that result by the number of participants in the family who participate in community service activities; or the minimum required to meet federal participation requirements. However, in no case shall the maximum hours required per week for community work experience exceed 40 hours. An applicant shall be referred for employment at the time of application if the applicant is eligible to participate in the WAGES Program.
(3) EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The following individuals are exempt from work activity requirements:
(4) PENALTIES FOR NONPARTICIPATION IN WORK REQUIREMENTS AND FAILURE TO COMPLY WITH ALTERNATIVE REQUIREMENT PLANS.--The department shall establish procedures for administering penalties for nonparticipation in work requirements and failure to comply with the alternative requirement plan. If an individual in a family receiving temporary cash assistance fails to engage in work activities required in accordance with this section, the following penalties shall apply. Prior to the imposition of a sanction, the participant shall be notified orally or in writing that the participant is subject to sanction and that action will be taken to impose the sanction unless the participant complies with the work activity requirements. The participant shall be counseled as to the consequences of noncompliance and, if appropriate, shall be referred for services that could assist the participant to fully comply with program requirements. If the participant has good cause for noncompliance or demonstrates satisfactory compliance, the sanction shall not be imposed. If the participant has subsequently obtained employment, the participant shall be counseled regarding the transitional benefits that may be available and provided information about how to access such benefits. Notwithstanding provisions of this section to the contrary, if the Federal Government does not allow food stamps to be treated under sanction as provided in this section, the department shall attempt to secure a waiver that provides for procedures as similar as possible to those provided in this section and shall administer sanctions related to food stamps consistent with federal regulations.
(a) 1. First noncompliance: temporary cash assistance shall be terminated for the family until the individual who failed to comply does so, and food stamp benefits shall not be increased as a result of the loss of temporary cash assistance.
2. Second noncompliance: temporary cash assistance and food stamps shall be terminated for the family until the individual demonstrates compliance in the required work activity for a period of 30 days. Upon compliance, temporary cash assistance and food stamps shall be reinstated to the date of compliance.
3. Third noncompliance: temporary cash assistance and food stamps shall be terminated for the family for 3 months. The individual shall be required to demonstrate compliance in the work activity upon completion of the 3-month penalty period, before reinstatement of temporary cash assistance and food stamps.
(5) CONTINUATION OF TEMPORARY CASH ASSISTANCE FOR CHILDREN; PROTECTIVE PAYEES.--
(b) Protective payees shall be designated by the department and may include:
1. A relative or other individual who is interested in or concerned with the welfare of the child or children and agrees in writing to utilize the assistance in the best interest of the child or children.
2. A member of the community affiliated with a religious, community, neighborhood, or charitable organization who agrees in writing to utilize the assistance in the best interest of the child or children.
3. A volunteer or member of an organization who agrees in writing to fulfill the role of protective payee and to utilize the assistance in the best interest of the child or children.
(7) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--Unless otherwise provided, the situations listed in this subsection shall constitute exceptions to the penalties for noncompliance with participation requirements, except that these situations do not constitute exceptions to the applicable time limit for receipt of temporary cash assistance:
(a) Noncompliance related to child care.--Temporary cash assistance may not be terminated for refusal to participate in work activities if the individual is a single custodial parent caring for a child who has not attained 6 years of age, and the adult proves to the department an inability to obtain needed child care for one or more of the following reasons:
1. Unavailability of appropriate child care within a reasonable distance from the individual's home or worksite.
2. Unavailability or unsuitability of informal child care by a relative or under other arrangements.
3. Unavailability of appropriate and affordable formal child care arrangements.
(8) WORK ACTIVITY REQUIREMENTS FOR NONCUSTODIAL PARENTS.--
(b) The court may order a noncustodial parent to participate in work activities under this chapter if the child of the noncustodial parent has been placed with a relative, in an emergency shelter, in foster care, or in other substitute care, and:
1. The case plan requires the noncustodial parent to participate in work activities; or
2. The noncustodial parent would be eligible to participate in the WAGES Program and subject to work activity requirements if the child were living with the parent. If a noncustodial parent fails to comply with the case plan, the noncustodial parent may be removed from program participation.
(9) PRIORITIZATION OF WORK REQUIREMENTS.--The department and local WAGES coalitions 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, local WAGES coalitions shall screen participants and assign priority based on the following:
(10) USE OF CONTRACTS.--The department and local WAGES coalitions shall provide work activities, training, and other services, as appropriate, through contracts. In contracting for work activities, training, or services, the following applies:
(13) CONTRACTS FOR VOCATIONAL ASSESSMENTS AND WORK EVALUATIONS.--Vocational assessments or work evaluations by the Division of Vocational Rehabilitation pursuant to this section shall be performed under contract with the local WAGES coalitions.
1Note.--Redesignated as paragraph (1)(j) by s. 42, ch. 97-246.
2Note.--Redesignated as s. 39.905(1)(g) by s. 117, ch. 98-403.
History.--s. 10, ch. 96-175; s. 46, ch. 97-98; s. 6, ch. 97-173; s. 42, ch. 97-246; s. 4, ch. 98-57; s. 152, ch. 98-403; s. 51, ch. 99-5; s. 10, ch. 99-241.