The purpose of this proposed rule is to keep the subject matter of Emergency Rule 65AER05-3 in effect without interruption for the provision of the State Temporary Recovery Assistance Program (STRAP) benefit to eligible families residing in Rural ...

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Economic Self Sufficiency Program

RULE NO.: RULE TITLE:

65A-4.2082 State Temporary Recovery Assistance Program

PURPOSE AND EFFECT: The purpose of this proposed rule is to keep the subject matter of Emergency Rule 65AER05-3 in effect without interruption for the provision of the State Temporary Recovery Assistance Program (STRAP) benefit to eligible families residing in Rural Areas of Critical Economic Concern. The State Temporary Recovery Assistance Program provides a non-recurrent cash assistance diversion payment of $1,000 to meet the needs of families residing in Rural Areas of Critical Economic Concern (as defined in Section 288.0656(7), F.S.) that have experienced persistent adverse economic impact on their core industry(ies) as the result of natural phenomena and disaster. The areas must also have been federally declared as disaster areas two or more times in the past six months and be experiencing persistent adverse economic impact on their core industry(ies) as evidenced by increased unemployment claims, small business losses, and other adverse economic conditions resulting from natural phenomena and disaster.

SUBJECT AREA TO BE ADDRESSED: Specific provisions for STRAP include definitions; requirements related to application, eligibility, income and assets, residency, and verification; and the establishment of a non-recurring cash assistance payment of $1,000. Also, forms for the program are incorporated by reference.

SPECIFIC AUTHORITY: 414.45 FS.

LAW IMPLEMENTED: 414.16 FS., 414.1559 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: January 25, 2006, 10:30 a.m.

PLACE: 1317 Winewood Boulevard, Building 3, Room 439, Tallahassee, FL 32399-0700

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Jennifer Lange, Chief, Program Policy, Economic Self-Sufficiency, 1317 Winewood Boulevard, Building 3, Room 450, Tallahassee, FL 32399-0700, telephone [phone]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

65A-4.2082 State Temporary Recovery Assistance Program.

(1) Definitions:

(a) Application for STRAP means CF-ES Form 2351, Application for State Temporary Recovery Assistance Program (STRAP), Dec 2005, incorporated by reference.

(b) Assistance Group or Eligible Family means individuals whose needs, income, and resources are considered to determine eligibility for STRAP.

(c) Available Countable Income and Assets means only income and assets available to the family at the time of application based on the applicant’s statement of circumstances.

(d) Designated Geographic Area means a county that has been:

1. Designated by the Governor as a Rural Area of Critical Economic Concern in accordance with Section 288.0656(7), F.S.;

2. Declared as a major federal disaster area two or more times within the past 6 months from the date the first disaster occurred; and is

3. Evidencing persistent adverse economic impact on its core industry(ies) as a result of natural phenomena and disasters evidenced by increased unemployment claims, small business losses, and other adverse economic conditions resulting from natural phenomena and disasters.

(2) Household Eligibility Requirements for STRAP. The family:

(a) Would most likely meet all requirements of eligibility for Temporary Cash Assistance in accordance with Section 414.095, F.S., except for income and assets. The household must contain an eligible adult household member and at least one minor related child.

(b) Must be a resident of the Designated Geographic Area at the time of application.

(c) Must apply for STRAP within 10 working days from the date of the first day the department declares the program will accept applications in a designated county(ies).

(d) Must be experiencing emergency situations caused by the disaster that are impeding their ability to obtain or maintain employment. It must be reasonably determined that short term assistance could meet their needs and enable them to achieve self-sufficiency and avoid the need for ongoing Temporary Cash Assistance (TCA). These situations include the need to:

1. Replace a loss or reduction in income;

2. Replace or repair housing or necessary items for the home or pay temporary shelter expenses;

3. Repair or replace self-employment property or equipment; or

4. Pay other expenses.

(e) Must have available income equal to or less than 200 percent of the federal poverty level for their household size.

(f) Must have available liquid assets equal to or less than $2,000.

(g) Must meet the technical requirements of citizenship/ alien status set forth in Section 414.095(3), F.S., and the non-fleeing felon status set forth in Section 414.095(14)(g), F.S.

(h) Cannot receive STRAP more than once.

(i) Cannot be concurrently receiving TCA.

(j) Must sign an agreement, using CF-ES Form 2352, State Temporary Recovery Assistance Program (STRAP) Agreement, Dec 2005, incorporated by reference, not to apply for TCA for three consecutive months beginning with the month of receipt of the STRAP payment unless a demonstrated emergency occurs.

(3) Approval for Payment. Upon determination of eligibility, the household will be approved for the receipt of a nonrecurring payment of $1,000.

(4) Current recipients of TCA may request closure of their ongoing TCA benefit and apply for STRAP without a separate application.

(5) For STRAP, the following verification procedures apply:

(a) Identity and residency in the disaster area will be verified through readily accessible documentation such as a driver's license, utility or other bill with the applicant's name and address, tax records or other government documents with the applicant's name and address if available, or a collateral contact verifying the applicant's identity and family's residence.

(b) Acceptance of the applicant(s) or assistance group statement, unless questionable, as to household composition, income, resources, citizenship, non-fleeing felon status, or other information pertinent to determining eligibility.

(c) Any applicant (including the designated or authorized representative) who intentionally does not tell the truth, hides information, pretends to be someone else, does not give all the information needed about themselves, the person(s) they are applying for, or other people in their home or does anything else unlawful in order to get state or federal public assistance benefits is guilty of a crime and will be punished as state or federal law allows as set forth in Section 414.39, F.S, and 45 CFR 235.110.

(6) Hardship Exceptions. Households that receive a STRAP payment cannot receive TCA benefits for three consecutive months beginning with the month of receipt of STRAP benefits unless a demonstrated emergency occurs. If the household applies for TCA within the three-month period, the household must demonstrate that an emergency necessitates a hardship exception to the policy. The following are allowable hardship exceptions to receiving TCA:

(a) A significant loss of income or employment;

(b) Loss of housing; or

(c) Other unforeseen emergencies.

(7) STRAP Repayment. Upon determination that the household meets a hardship exception, the department will complete the TCA eligibility determination and calculate the repayment amount of the STRAP payment. The STRAP repayment amount will be reduced by one-third for each month the family does not receive TCA (i.e., the month of receipt of the STRAP payment and subsequent months). The repayment amount will be prorated over the next eight months for which TCA is received.

(8) Effective Date. Implemented in Franklin County and Gulf County. STRAP may be implemented in other Designated Geographic Areas that meet the criteria in paragraph (1)(d) of this rule as determined by the department.

Specific Authority 414.45 FS.  Law Implemented 414.16, 414.1599 FS. History–New________.