Section 409.1664, F.S., became effective July 1, 2015. The statute provides for adoption benefits for qualifying adoptive employees of state agencies. The Department intends to create a new rule to administer the section and provide for an ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-16.021Adoption Benefits for Qualifying Adoptive Employees of State Agencies

PURPOSE AND EFFECT: Section 409.1664, F.S., became effective July 1, 2015. The statute provides for adoption benefits for qualifying adoptive employees of state agencies. The Department intends to create a new rule to administer the section and provide for an application process.

SUMMARY: The rule incorporates an application for adoption benefits and establishes a procedure for review.

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 used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the criteria in section 120.541(2)(a), F.S. Based upon this analysis, the Department has determined that the proposed rule is not expected to require legislative ratification.

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: 409.1664(6) F.S.

LAW IMPLEMENTED: 409.1664 F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jodi Abramowitz. Jodi can be reached at [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-16.021 Adoption Benefits for Qualifying Employees of State Agencies.

(1) The adoption benefit is a non-qualified plan under Section 125 of the Internal Revenue Code, subject to withholding taxes.

(2) The Department shall hold an annual open enrollment period for submission of applications between the first business day of March and the last business day of April. To apply for this benefit, the applicant shall use  the “Application for Adoption Benefit” form, CF-FSP 5327, July 2015, incorporated by reference and available at www.dcf.state.fl.us/dcfforms/.

(a) The applicant shall complete Part I of the application.

(b) The applicant shall then deliver the application to his or her agency head to complete Part II of the application.  Upon  completion, the agency head shall return the original application to the applicant.

(c) The applicant shall then deliver the application to the community-based care agency that facilitated or subcontracted the facilitation of the adoption to complete Part III of the application. .

(d)The applicant shall submit the completed  application to the  Department’s email address provided on the application before the close of the annual open enrollment period.

(e) For multiple adoptions, the applicant shall submit a separate application for each child.

(3) The Department shall review all timely applications and determine who is eligible to receive the benefit. (a) Applications will be processed in the order they were received during the open enrollement period.

(b) If applications are received on the same date, those with the earlier final order of adoption shall have priority.

(c) Eligible applicants who are denied a benefit due to lack of funds must submit a new application during the next annual open enrollment period, if they desire consideration for payment of the benefit from later appropriations.

Rulemaking Authority 409.1664(6)FS. Law Implemented 409.1664  History-New __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Courtney Smith

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Carroll

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 14, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 28, 2015