Chapter 414 — Chapter 414
48 sections in this chapter.
Fla. Stat. § 414.025 Legislative intent
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(1) It is the intent of the Legislature that families in this state be strong and economically self-sufficient so as to require minimal involvement by an efficient government.(2) This chapter does not entitle any individual or family to assistance under Title IV-A of the Social S…
Fla. Stat. § 414.0252 Definitions
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As used in ss. 414.025-414.55, the term:(1) “Alternative payee” means an individual who receives temporary assistance payments on behalf of a minor.(2) “Applicant” means an individual who applies to participate in the temporary family assistance program and submits a signed and d…
Fla. Stat. § 414.035 Authorized expenditures
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Any expenditures from the Temporary Assistance for Needy Families block grant, or from other state funds that the secretary or his or her designee determines meets the maintenance-of-effort requirement for the block grant, must be expended in accordance with the requirements and …
Fla. Stat. § 414.045 Cash assistance program
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Cash assistance families include any families receiving cash assistance payments from the state program for temporary assistance for needy families as defined in federal law, whether such funds are from federal funds, state funds, or commingled federal and state funds. Cash assis…
Fla. Stat. § 414.065 Noncompliance with work requirements
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(1) 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…
Fla. Stat. § 414.0652 Drug screening for applicants for Temporary Assistance for Needy Families
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(1) The department shall require a drug test consistent with s. 112.0455 to screen each individual who applies for Temporary Assistance for Needy Families (TANF). The cost of drug testing is the responsibility of the individual tested.(a) An individual subject to the requirements…
Fla. Stat. § 414.0655 Medical incapacity due to substance abuse or mental health impairment
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(1) Notwithstanding the provisions of s. 414.065 to the contrary, any participant who requires out-of-home residential treatment for alcoholism, drug addiction, alcohol abuse, or a mental health disorder, as certified by a physician licensed under chapter 458 or chapter 459, shal…
Fla. Stat. § 414.075 Resource eligibility standards
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For purposes of program simplification and effective program management, certain resource definitions, as outlined in the food assistance regulations at 7 C.F.R. s. 273.8, shall be applied to the Temporary Cash Assistance Program as determined by the department to be consistent w…
Fla. Stat. § 414.085 Income eligibility standards
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(1) For purposes of program simplification and effective program management, certain income definitions, as outlined in the food assistance regulations at 7 C.F.R. s. 273.9, shall be applied to the temporary cash assistance program as determined by the department to be consistent…
Fla. Stat. § 414.095 Determining eligibility for temporary cash assistance
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(1) ELIGIBILITY.—An applicant must meet eligibility requirements of this section before receiving services or temporary cash assistance under this chapter, except that an applicant shall be required to register for work and engage in work activities in accordance with s. 445.024,…
Fla. Stat. § 414.105 Time limitations of temporary cash assistance
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Except as otherwise provided in this section, an applicant or current participant shall receive temporary cash assistance for no more than a lifetime cumulative total of 48 months, unless otherwise provided by law.(1) Hardship exemptions from the time limitations provided in this…
Fla. Stat. § 414.106 Exemption from public meetings law
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That portion of a meeting held by the department, CareerSource Florida, Inc., or a local workforce development board or local committee created pursuant to s. 445.007 at which personal identifying information contained in records relating to temporary cash assistance is discussed…
Fla. Stat. § 414.115 Limited temporary cash assistance for children born to families receiving temporary cash assistance
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(1) The department shall provide limited additional temporary cash assistance to:(a) An existing temporary-cash-assistance case due to the birth of a child when the birth occurs more than 10 months after August 1, 1996; or(b) A new temporary-cash-assistance case when the birth oc…
Fla. Stat. § 414.122 Withholding of payments based on evidence of fraud
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The department shall withhold payment from a recipient of temporary cash assistance when, after redetermination of eligibility or at any other time, the department obtains evidence that may indicate fraud on the part of the recipient. When evidence of such fraud is obtained, the …
Fla. Stat. § 414.1251 Learnfare program
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(1) The department shall reduce the temporary cash assistance for a participant’s eligible dependent child or for an eligible teenage participant who has not been exempted from education participation requirements, if the eligible dependent child or eligible teenage participant h…
Fla. Stat. § 414.13 Immunizations
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Each applicant who has a preschool child must begin and complete appropriate childhood immunizations for the child as a condition of eligibility. At the time of application and redetermination of eligibility, the department shall advise applicants and participants of the availabi…
Fla. Stat. § 414.14 Public assistance policy simplification
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To the extent possible, the department shall align the requirements for eligibility under this chapter with the food assistance program and medical assistance eligibility policies and procedures to simplify the budgeting process and reduce errors. If the department determines tha…
Fla. Stat. § 414.157 Diversion program for victims of domestic violence
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(1) The diversion program for victims of domestic violence is intended to provide services and one-time payments to assist victims of domestic violence and their children in making the transition to independence.(2) Before finding an applicant family eligible for the diversion pr…
Fla. Stat. § 414.158 Diversion program to prevent or reduce child abuse and neglect
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(1) The diversion program to prevent or reduce child abuse and neglect is intended to provide services and one-time payments to assist families in avoiding welfare dependency and to strengthen families so that children can be cared for in their own homes or in the homes of relati…
Fla. Stat. § 414.1585 Diversion program for families at risk of welfare dependency due to substance abuse or mental illness
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(1) The diversion program for families at risk of welfare dependency due to substance abuse or mental illness is intended to provide services and one-time payments to assist families in avoiding welfare dependency and to stabilize families, so that children can be cared for in th…
Fla. Stat. § 414.1599 Diversion programs; determination of need
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If federal regulations require a determination of needy families or needy parents to be based on financial criteria, such as income or resources, for individuals or families who are receiving services, one-time payments, or nonrecurring short-term benefits, the department shall a…
Fla. Stat. § 414.161 Homelessness prevention grants
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(1) ESTABLISHMENT OF PROGRAM.—There is created a grant program to provide emergency financial assistance to families facing the loss of their current home due to a financial or other crisis. The State Office on Homelessness, with the concurrence of the Council on Homelessness, ma…
Fla. Stat. § 414.17 Audits
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The Temporary Cash Assistance Program is subject to the audit requirements of 31 U.S.C. ss. 5701 et seq.
Fla. Stat. § 414.175 Review of existing waivers
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(1) The Department of Children and Families shall review existing waivers granted to the department by the Federal Government and determine if such waivers continue to be necessary based on the flexibility granted to states by federal law. If it is determined that termination of …
Fla. Stat. § 414.24 Integrated welfare reform and child welfare services
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The department shall develop integrated service delivery strategies to better meet the needs of families subject to work activity requirements who are involved in the child welfare system or are at high risk of involvement in the child welfare system. To the extent that resources…
Fla. Stat. § 414.26 Court-appointed guardian unnecessary
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It is unnecessary for any incompetent person entitled to public assistance payments, as provided by this chapter, to have a court-appointed guardian in order to receive such payments if said incompetent person is living in the household with an adult family member or there is a r…
Fla. Stat. § 414.27 Temporary cash assistance; payment on death
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(1) Upon the death of any person receiving temporary cash assistance through the Department of Children and Families, all temporary cash accrued to such person from the date of last payment to the date of death shall be paid to the person who shall have been designated by her or …
Fla. Stat. § 414.28 Public assistance payments to constitute debt of recipient
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(1) CLAIMS.—The acceptance of public assistance creates a debt of the person accepting assistance, which debt is enforceable only after the death of the recipient. The debt thereby created is enforceable only by claim filed against the estate of the recipient after his or her dea…
Fla. Stat. § 414.295 Temporary cash assistance programs; public records exemption
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(1) Personal identifying information of a temporary cash assistance program participant, a participant’s family, or a participant’s family or household member, except for information identifying a parent who does not live in the same home as the child, which is held by the depart…
Fla. Stat. § 414.31 State agency for administering federal food assistance program
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(1) The department shall place into operation in each of the several counties of the state a food assistance program as authorized by the Congress of the United States. The department is designated as the state agency responsible for the administration and operation of such progr…
Fla. Stat. § 414.32 Prohibitions and restrictions with respect to food assistance program
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(1) COOPERATION WITH CHILD SUPPORT ENFORCEMENT AGENCY.—(a) A parent or caretaker relative who receives temporary cash assistance or food assistance on behalf of a child under 18 years of age who has an absent parent is ineligible for food assistance unless the parent or caretaker…
Fla. Stat. § 414.33 Violations of food assistance program
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(1) In accordance with federal law and regulations, the department shall establish procedures for notifying the appropriate federal and state agencies of any violation of federal or state laws or rules governing the food assistance program.(2) In addition, the department shall es…
Fla. Stat. § 414.34 Annual report concerning administrative complaints and disciplinary actions involving food assistance program violations
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The department shall prepare and submit a report to the President of the Senate, the Speaker of the House of Representatives, the chairs of the appropriate legislative committees, and the Department of Law Enforcement by January 1 of each year. In addition to any other informatio…
Fla. Stat. § 414.35 Emergency relief
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In administering emergency food assistance and other emergency assistance programs, the department shall cooperate fully with the United States Government and with other departments, instrumentalities, and agencies of this state.
Fla. Stat. § 414.36 Public assistance overpayment recovery program; contracts
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(1) For purposes of privatization of public assistance overpayment recovery, the department shall enter into contracts consistent with federal law with for-profit corporations, not-for-profit corporations, or other entities capable of providing the services for recovering public …
Fla. Stat. § 414.37 Public assistance overpayment recovery privatization; reemployment of laid-off career service employees
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Should career service employees of the Department of Children and Families be subject to layoff after July 1, 1995, due to the privatization of public assistance overpayment recovery functions, the privatization contract shall require the contracting firm to give priority conside…
Fla. Stat. § 414.39 Fraud
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(1) Any person who knowingly:(a) Fails, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose a material fact used in making a determination as to such person’s qualification to receive public assistance under any state or federally funded a…
Fla. Stat. § 414.391 Automated fingerprint imaging
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(1) The Department of Children and Families shall develop and implement, as part of the electronic benefits transfer program, a statewide program to prevent public assistance fraud by using a type of automated fingerprint imaging of adult and teen parent applicants for, and adult…
Fla. Stat. § 414.392 Applicant screening
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At the time of application or reapplication, each adult or teen parent applying for public assistance benefits under this chapter must provide the state with an automated fingerprint image performed by the state, before receiving any benefits.
Fla. Stat. § 414.40 Stop Inmate Fraud Program established; guidelines
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(1) There is created within the Department of Financial Services a Stop Inmate Fraud Program.(2) The Department of Financial Services is directed to implement the Stop Inmate Fraud Program in accordance with the following guidelines:(a) The program shall establish procedures for …
Fla. Stat. § 414.41 Recovery of payments made due to mistake or fraud
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(1) Whenever it becomes apparent that any person or provider has received any public assistance under this chapter to which she or he is not entitled, through either simple mistake or fraud on the part of the department or on the part of the recipient or participant, the departme…
Fla. Stat. § 414.411 Public assistance fraud
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(1) The Department of Financial Services shall investigate all public assistance provided to residents of the state or provided to others by the state. In the course of such investigation the department shall examine all records, including electronic benefits transfer records and…
Fla. Stat. § 414.42 Cause for employee dismissal
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It is cause for dismissal of an employee of the Department of Children and Families if the employee knowingly and willfully allows an ineligible person to obtain public assistance.
Fla. Stat. § 414.45 Rulemaking
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The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement and enforce the provisions of this chapter. The rules must provide protection against discrimination and the opportunity for a participant to request a review by a supervisor or adminis…
Fla. Stat. § 414.455 Supplemental Nutrition Assistance Program; legislative authorization; mandatory participation in employment and training programs
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(1) Notwithstanding s. 414.45, and unless expressly required by federal law, the department must obtain specific authorization from the Legislature before seeking, applying for, accepting, or renewing any waiver of work requirements established by the Supplemental Nutrition Assis…
Fla. Stat. § 414.456 Supplemental Nutrition Assistance Program; transactions in fresh produce markets
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(1) As used in this section, the term:(a) “Market” means a farmers’ market, community farmers’ market, flea market, or other open-air market.(b) “SNAP” means the federal Supplemental Nutrition Assistance Program established under 7 U.S.C. ss. 2011 et seq.(2)(a) The owner or opera…
Fla. Stat. § 414.55 Implementation of community work program
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The Governor shall minimize the liability of the state by opting out of the special provision related to community work, as described in s. 402(a)(1)(B)(iv) of the Social Security Act, as amended by Pub. L. No. 104-193. The department and CareerSource Florida, Inc., shall impleme…
Fla. Stat. § 414.56 Office of Continuing Care
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The department shall establish an Office of Continuing Care to ensure young adults who age out of the foster care system between 18 and 21 years of age, or 22 years of age with a documented disability, have a point of contact until the young adult reaches the age of 26 in order t…