The proposed rule adds a definition for the term “mail”. The proposed rule also deletes unnecessary definitions from rule Chapter 65A and modifies other terms and phrases used in rule Chapter 65A. The effect of these changes will be to expand the ...

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Economic Self-Sufficiency Program

RULE NO.:RULE TITLE:
65A-1.203Administrative Definitions
PURPOSE AND EFFECT: The proposed rule adds a definition for the term “mail”. The proposed rule also deletes unnecessary definitions from rule Title 65A and modifies other terms and phrases used in rule Title 65A. The effect of these changes will be to expand the resources available to the Department and the public assistance client to transmit or deliver important public assistance information and materials. And, the proposed amendments will synchronize the public assistance policies with public assistance programs operations.
SUMMARY: The proposed rule adds a definition for the term “mail”, deletes definitions and modifies other terms and phrases used in the public assistance programs.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department considered the factors in Section 120.541, F.S. The proposed rule is not expected to exceed the criteria in paragraph 120.541(2)(a), F.S., therefore, legislative ratification is not required under subsection 120.541(3), F.S.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 409.919, 414.45 FS.
LAW IMPLEMENTED: 409.903, 409.904, 410.033, 414.095, 414.28, 414.295, 414.31 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: December 12, 2012, 1:30 p.m.
PLACE: 1317 Winewood Boulevard, Building 3, Room 455, Tallahassee, Florida 32399-0700
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Cindy Keil. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Cindy Keil, Economic Self-Sufficiency Program, [phone], 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700, [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

65A-1.203 Administrative Definitions.

Except as otherwise provided within, the following definitions apply to this chapter.

(1) Public Assistance: Food Assistance, Temporary Cash Assistance, Medicaid, Refugee Assistance Program (RAP), Food Assistance Program, Medicaid, Optional State Supplementation (OSS).

(2) No change.

(3) Application: A specific paper, or electronic/web-based request on a designated agency media, Tthe ACCESS Florida Application, CF-ES 2337, 11/2011, incorporated by reference in Rule 65A-1.205, F.A.C., or an ACCESS Florida Web Application, CF-ES 2353, 09/2011, incorporated by reference in Rule 65A-1.205, F.A.C., available on the Department’s website at http://www.myflorida.com/accessflorida/, which has been dated and signed by the applicant or authorized/designated representative requesting that eligibility for public assistance be determined. The CF-ES 2353 is only accepted electronically. An application must include at least the individual’s name, address and signature to initiate the application process. Household members who are ineligible, or who are not applying for benefits, may be designated as non-applicants. A copy of the CF-ES 2337 may be obtained without cost from the ACCESS Florida office that serves your area or by written request to the ACCESS Florida Headquarters’ Office, 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700, or on the Department’s website at http://www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx.

(4) Date of Application: The date the Department receives an application on which a signed, CF-ES 2337, or electronic/web-based application is received in the Department’s Economic Self-Sufficiency offices. If a web or facsimile application is received after business hours, the next business day following receipt is the date of application. Applications may be submitted in person by hand delivery, by the postal system regular mail, facsimile, or electronically. If a site receives an application electronically or by facsimile after normal business hours, the first business day following the receipt will be the application date.

(5) No change.

(6) Assistance Group: All individuals within the standard filing unit who are potentially eligible for benefits or services.

(7) Standard Filing Unit (SFU): All individuals whose needs, income and/or assets are considered in the determination of eligibility for a category of assistance.

(8) Payee: The individual in whose name the assistance group benefits are issued and who. This individual normally assumes primary decision-making responsibility for and leadership in making decisions which affect the assistance group.

(9) Authorized/Designated Representative: An individual who has knowledge of the assistance group’s circumstances and is authorized to act responsibly on their behalf of the household in making application for benefits.

(10) Child in Care: Child(ren) who have been removed from the care of their parent(s) or relative(s), and are under the temporary or permanent custody of the Department Children and Families program as well as children who qualify for adoption subsidies and receive Medicaid benefits.

(11) Department: Department of Children and Families.

(12) Act: The Social Security Act.

(11)(13) No change.

(12) Mail: Written communication delivered by the postal system. Written communication delivered electronically to public assistance applicants, recipients and authorized/designated representatives who choose to receive electronic communication.

(14) Temporary Cash Assistance (TCA): Cash assistance payments authorized under the federal Temporary Assistance for Needy Families program and Chapter 414, F.S.

(15) Setting Approved by the Department: For the purpose of determining TCA eligibility for a minor child, the term “in a setting approved by the Department”, means a Department-approved, adult-supervised supportive living arrangement for an unwed minor child caring for their dependent child(ren) in accordance with paragraph 65A-4.208(2)(a), F.A.C.

Rulemaking Authority 409.919, 414.45 FS. Law Implemented 409.901, 409.903, 409.904, 414.0252 410.033, 414.095, 414.28, 414.295, 414.31 FS. History–New 4-9-92, Amended 11-22-93, Formerly 10C-1.203, Amended 11-30-98, 9-12-04, 7-23-06,________ .

NAME OF PERSON ORIGINATING PROPOSED RULE: Lawayne E. Salter
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: David E. Wilkins
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 30, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 21, 2012