Definitions., Distribution of Funds., Energy Assistance Benefits., Eligibility Factors., Application Procedures and Processing., Hearings.

 

DEPARTMENT OF COMMUNITY AFFAIRS
Division of Housing and Community Development

RULE NO: RULE TITLE
9B-65.020: Definitions.
9B-65.021: Distribution of Funds.
9B-65.022: Energy Assistance Benefits.
9B-65.023: Eligibility Factors.
9B-65.024: Application Procedures and Processing.
9B-65.025: Hearings.

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34, No. 27, July 3, 2008, issue of the Florida Administrative Weekly.

9B-65.020 Definitions.

(1) “Act” means Title XXVI of the Omnibus Budget Reconciliation Act of 1981, Public Law 97‑35, as amended [42 U.S.C. Sections 8621-8630 8629] and [45 CFR Part 96, Subpart H, Sections 96.80-96.89], all of which are incorporated by reference herein.

(2) through (8) No change.

Specific Authority 409.508 163.03(3) FS. Law Implemented 409.508 163.03 FS. History–New________.

 

9B-65.021 Distribution of Funds.

Based on the availability of federal LIHEAP funds each year, the distribution of funds shall be made as follows:

(1) through (2) No change.

(3) The Department will provide up to 6 percent of the total LIHEAP funds to the Department of Elder Affairs to provide assistance under LIHEAP to assist low-income households that include at least one member age 60 years of age or older.

(4) The Department will reserve 2% of the annual LIHEAP amount designated for pass-through to the subgrantees funds to be used in case of a weather-related, supply shortage or economic emergency. These funds will be retained by the Department held each year until December 15. If a and may only be used during state or federal emergency emergencies is declared by the President, the Governor or the Secretary of the Department prior to December 15, then the funds will be released for use for LIHEAP eligible activities in response to the emergency as he or she deems necessary. After December 15, if no emergency has been declared, the Department will release these funds for energy benefits. When funds are distributed for an emergency, the terms of the executive order Department will determine the allowable expenditures of the funds, based on the nature of the emergency. Any additional emergency funds will be added to the existing contracts of the subgrantees affected by the emergency.

(5) The balance of the LIHEAP funds shall be awarded through an allocation plan for statewide distribution of the funds based in part on the percentage of poverty population and the climate zone of in each county service area. Notice shall be sent annually by email to each subgrantee. For any county not served by a LIHEAP provider, a public hearing must be held to select a new LIHEAP provider in accordance with the requirements of the Act [42 U.S.C. § 8624].

(6) through (8) No change.

Specific Authority 409.508 163.03(3) FS. Law Implemented 409.508 163.03 FS. History–New________.

 

9B-65.022 Energy Assistance Benefits.

(1) The number, nature and amount of energy benefits will be set by DCA in accordance with the federal requirements of the Act and adjusted annually based on funding availability.; DCA will notify the Subgrantees in writing at the address stated in the Subgrant Agreement.

(2) through (4) No change.

Specific Authority 409.508 163.03(3) FS. Law Implemented 409.508 163.03 FS. History–New________.

 

9B-65.023 Client Eligibility.

(1) through (9)(a) No change.

(b) Any applicant denied LIHEAP services must be provided a written notice of the denial. At a minimum, the written Notice of Denial and Appeals shall contain the reason for the denial;, under what circumstances the client may reapply;, what information or documentation is needed for the person to reapply;, and the name, telephone number and address to whom the re-application or appeal must should be sent.

Specific Authority 409.508 163.03(3) FS. Law Implemented 409.508 163.03 FS. History–New________.

 

9B-65.024 Energy Payments.

(1) through (2) No change.

Specific Authority 409.508 163.03(3) FS. Law Implemented 409.508 163.03 FS. History–New________.

 

9B-65.025 Hearings.

(1) Subgrantees are required to have written applicant appeal procedures which satisfy the requirements of 42 U.S.C. § 8624(b)(13). Appeal provisions must be posted in a prominent place in the office visible to all applicants.

Specific Authority 409.508 163.03(3) FS. Law Implemented 409.508 163.03 FS. History–New________.