Fla. Admin. Code Ann. R. 65A-4.205 - Penalties for Nonparticipation in Work Requirements
(1) Penalty Requirements. The provisions for
receipt of temporary cash assistance (TCA) include the requirement of
individuals who do not meet exemptions to participate in work activities or
alternative requirement plans. For the purposes of this rule "work activities"
include alternative requirement plans. Failure to do so, without good cause,
will result in penalties being applied in accordance with Section
414.065(1),
F.S. Individuals who also receive food assistance and fail to meet TCA work
requirements will be considered noncompliant with food assistance work
requirements in accordance with
7 CFR, Section
273.7. Individuals will be notified at
program entry of the work activities requirement and penalties for
noncompliance without good cause on the ACCESS Florida Web Application,
incorporated by reference in Rule
65A-1.205, F.A.C., or the
Communication and Work Activity Referral form, CF-ES 2097, Nov 2019,
incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11578
for paper applications. The Spanish version, CF-ES 2097S, Nov 2019, and Creole
version, CF-ES 2097H, Nov 2019, of the Communication and Work Activity Referral
form are incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11580
and http://www.flrules.org/Gateway/reference.asp?No=Ref-11579,
respectively.
(2) Compliance with
work requirements and determination of good cause for failure to comply with
work requirements will be determined by the Local Workforce Development Board
(LWDB) designee, in accordance with Sections
414.065(1) and
(4), F.S. Other good cause reasons for
failure to comply include the temporary inability to participate due to
circumstances beyond the participant's control such as:
(a) A family emergency due to the inability
to find suitable child care for a sick child under age 12;
(b) Hospitalization, medical emergency or
death of an immediate family member;
(c) Natural disaster;
(d) Lack of transportation;
(e) Court appearance, or
(f) Caring for a disabled family member when
the need for care has been verified and alternative care is not
available.
(3)
Individuals failing to comply with work activities will be mailed notification
of the failure and possible sanction by the LWDB designee within two working
days following the failure. The notification must inform the individuals they
have 10 calendar days from the date the notification is mailed to contact the
LWDB designee to have a good cause determination made or to comply with the
work requirement or penalty action will be imposed. During the 10-day period,
the LWDB designee is required to make both oral and written attempts to contact
and to counsel the participant to:
(a)
Determine if the participant had good cause for failing to meet the work
requirement;
(b) Refer to or
provide services, if appropriate, to assist with the removal of barriers to
participation;
(c) Understand the
consequences for failure to comply with work or alternative requirement plan
activity requirements without good cause;
(d) Provide information regarding
transitional benefits in accordance with Section
445.028(2),
F.S., if the participant subsequently obtained employment; and,
(e) Understand that compliance with work
activity during the 10-day period will avoid the imposition of a sanction. The
LWDB designee must provide the participant with another work activity within
the 10-day period if it is impossible for the participant to comply with the
original assigned activity.
(4) Upon failure of the individual to respond
by the date indicated, the LWDB designee will notify the department to impose a
sanction in accordance with Section
414.065(1)(a),
F.S. Upon receipt of the sanction request, the department will notify the
individual of the penalty action using the Notice of Work Penalty form, CF-ES
4192, 04/2007, incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11581.
The Spanish version, CF-ES 4192S, 4/2007, and Creole version, CF-ES 4192H,
4/2007, of the Notice of Work Penalty form are incorporated by reference and
available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11583
and http://www.flrules.org/Gateway/reference.asp?No=Ref-11582,
respectively. An individual who provides verification of good cause for failure
to respond within the 10-day time frame will not be penalized.
(5) Temporary cash assistance groups who are
receiving food assistance at the time of the disqualification for failure to
perform a required TCA work activity, will also be disqualified for food
assistance in accordance with federal food assistance policy at
7 CFR Sections
273.7(f)(6) and
273.11(j)(4)
and (k). Food assistance penalty periods are
to be applied in accordance with
7 CFR Section
273.7(f)(2). If the
noncompliant individual is the head of household, the entire household will be
disqualified from receipt of food assistance in accordance with
7 CFR Section
273.7(f)(4). The department
must determine if the noncompliant individual meets a food assistance work
exemption before imposing a food assistance penalty. The food assistance
penalty is not to be imposed if the individual meets a food assistance
exemption. Individuals who are penalized for food assistance due to
noncompliance with TCA work requirements cannot have a penalty lifted by opting
not to receive TCA.
(6) Temporary
cash assistance penalties are to be applied in accordance with Section
414.065(1)(a),
F.S. The fourth and each subsequent penalty prior to reinstatement as being in
full compliance with TCA program requirements will be applied pursuant to
Section 414.065(1)(a)3., F.S.
(7)
Time limits. If, during the penalty period, temporary cash assistance is
received for children under age 16 through a protective payee, the months in
which the penalties are applied will be counted as months receiving temporary
cash assistance for purposes of the time limits in Section
414.105, F.S.
(8) Reinstatement of Benefits. Reinstatement
of benefits requires the filing of an ACCESS Florida Application, incorporated
by reference in Rule 65A-1.205, F.A.C., or an ACCESS
Florida Web Application (only accepted electronically), incorporated by
reference in Rule 65A-1.205, F.A.C., and a
face-to-face interview, unless the individual demonstrates compliance and
action is being taken to reinstate benefits within 30 days from the beginning
date of the penalty. Cash assistance benefits will be reinstated in accordance
with Section 414.065(1)(a),
F.S., as determined by the LWDB designee, as long as all other factors of
eligibility are met and any minimum penalty period has been served. Food
assistance benefits will be reinstated in accordance with
7 CFR Section
273.7(g) of the food
assistance requirements. If at the end of the food assistance penalty period
the head of household is still in noncompliance, the head of household remains
ineligible, but other members of the assistance group may reapply. If the other
assistance group members are reapproved for food assistance, the pre-sanction
TCA grant amount must be included in the food assistance benefit
calculation.
Notes
Rulemaking Authority 414.45 FS. Law Implemented 414.065(1), (4) FS.
New 12-21-97, Formerly 65A-1.521, Amended 6-10-01, 2-26-20.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.