65A-1.605. Food Assistance Employment and Training

(1) The Food Assistance Employment and Training Program is administered in accordance with the requirements of 7 C.F.R. § 273.7, P.L. 104-193, The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and P.L. 107-171, Food Stamp Reauthorization Act of 2002.

(2) Each member of the assistance group (AG), who does not meet an exemption in accordance with 7 C.F.R. § 273.7(b)(1), must work register for the Food Assistance Program as a condition of eligibility for the receipt of food assistance. If a head of household refuses to comply with Food Assistance Program requirements without good cause at initial application or reapplication, the application will be denied for that reason. The eligibility specialist will use the Food Stamp Work Registration Notice, CF-ES 2095, 01/2003, incorporated by reference, to work register each nonexempt member of the AG for the Food Assistance Program and to explain the employment and training requirements and possible penalties for noncompliance without good cause. Nonexempt head of households and AG members will be referred to the Regional Workforce Board (RWB) Service Center or contract provider when required to participate in assigned Food Assistance Program employment and training activities.

(3) A head of household or AG member(s) who refuses or fails to comply with Food Assistance Employment and Training Program requirements without good cause is ineligible to receive food assistance. The eligibility specialist will determine whether the individual meets an exemption in accordance with 7 C.F.R. § 273.7(b), or if good cause for noncompliance exists in accordance with 7 C.F.R. § 273.7(i). If not exempt, and good cause is not established, action will be taken to deny approval or to impose a food assistance penalty in accordance with 7 C.F.R. § 273.7(f). When the head of household is noncompliant with Food Assistance Employment and Training Program requirements, the minimum Food Assistance Employment and Training Program penalty period will apply to the entire AG. If at the end of the minimum penalty period the head of household is still noncompliant, or does not meet a Food Assistance Employment and Training Program exemption, the head of household will remain ineligible, but other members of the AG may reapply. If the noncompliant AG member is not the head of household, the penalty will only apply to that AG member until the individual serves the minimum penalty period or complies, whichever is later, or becomes exempt. The following Food Assistance Program penalties for non-compliance with Food Assistance Employment and Training Program requirements are applied.

(a) For the first noncompliance, food assistance benefits shall be terminated for a minimum of one month, or until compliance with Food Assistance Employment and Training Program requirements, whichever is later, or the noncompliant AG member meets an exemption.

(b) For the second noncompliance, food assistance benefits shall be terminated for a minimum of three consecutive months, or until compliance with Food Assistance Employment and Training Program requirements, whichever is later, or the noncompliant AG member meets an exemption.

(c) For the third noncompliance, food assistance benefits shall be terminated for a minimum of six consecutive months, or until compliance with Food Assistance Employment and Training Program requirements, whichever is later, or the noncompliant AG member meets an exemption.

(d) Disqualification shall follow the AG member who was noncompliant. Assistance group ineligibility results when a disqualified individual joins a new AG as its head of household. The minimum penalty period of AG ineligibility referred to in paragraph (a), (b) or (c) above shall apply, as appropriate. If a disqualified individual joins the new AG as a member, only the disqualified AG member shall be ineligible for the remainder of the penalty period or the individual complies, whichever is later, or becomes exempt from Food Assistance Employment and Training Program requirements.

(e) Food Assistance Program AG members who are subject to and determined to meet the work requirements or alternative requirement plan requirements under the Temporary Cash Assistance (TCA) Program will also meet Food Assistance Employment and Training Program requirements in accordance with 7 C.F.R. § 273.11(k). If the AG member is penalized for failure to meet TCA Program requirements, the eligibility specialist must determine if the AG member meets a Food Assistance Employment and Training Program exemption. If the noncompliant AG member does not meet an exemption, Food Assistance Employment and Training Program penalties specified in this rule will be applied.

(4) Penalties for refusal to comply with the requirements of the Food Assistance Employment and Training Program shall not apply to non-English speaking persons if the Department failed to provide bilingual notices or forms in accordance with bilingual requirements of 7 C.F.R. § 272.4.

(5) Able-Bodied Adults without Dependents (ABAWDs). Assistance group members who meet the definition of an ABAWD in 7 C.F.R. § 273.24 and are not exempt are referred to the RWB Service Center for Food Assistance Program participation.

(a) Remote Areas. Assistance group members subject to ABAWD provisions and living in areas designated as remote by the Department must sign form CF-ES 2095 to work register, but will not be required to participate in Food Assistance Program activities as long as the area is designated remote.

(b) Required Hours of Service. The required number of hours of service is determined by dividing the AG’s food assistance allotment by the federal minimum wage. If more than one ABAWD is in an AG, divide the number of hours by the number of ABAWDs in the AG to determine the number of hours each ABAWD must comply with Food Assistance Employment and Training Program requirements. The maximum required hours of service cannot exceed 120 hours per month per food assistance AG. No individual’s required hours of service will exceed 30 hours per week. Mandatory ABAWDs in AGs with individuals exempt from ABAWD provisions are required to participate the full amount of hours based on the AG’s full food assistance allotment.

(c) Federal Waiver. The Department is granted a federal waiver of the ABAWD three-month time limit to receive food assistance each year for counties with high unemployment. Able-bodied adults without dependents who reside in the waiver areas must comply with work registration requirements and other Food Assistance Employment and Training Program requirements.

(6) Copies of materials incorporated by reference are available from the ACCESS Florida Headquarters Office, 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700 or on the Department’s web site at http://www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx.

Rulemaking Authority 414.45 FS. Law Implemented 414.31 FS. History–New 10-1-87, Amended 4-13-92, Formerly 10C-32.001, Amended 3-3-99, Formerly 65A-32.001, 3-27-03.