The revisions of this administrative rule are required by s.2, 2014-119, Laws of Florida, signed into law June 13, 2014. The revisions explain how temporary absence from the state will be determined for Temporary Cash Assistance (TCA). The ...

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Economic Self-Sufficiency Program

RULE NO.:RULE TITLE:

65A-4.220Amount and Duration of Cash Payment

PURPOSE AND EFFECT: The revisions of this administrative rule are required by s. 2, 2014-119, Laws of Florida, signed into law June 13, 2014. The revisions explain how temporary absence from the state will be determined for Temporary Cash Assistance (TCA). The revisions also implement the requirement to designate a protective payee when the parent or caretaker has been disqualified from participation in TCA due to fraud.

SUBJECT AREA TO BE ADDRESSED: Temporary absence from the State by recipients of TCA and its effect on Temporary Cash Assistance eligibility and, circumstances or situations that will require the designation of a protective payee for children who receive Temporary Cash Assistance.

RULEMAKING AUTHORITY: 414.45, 414.095(18) FS.

LAW IMPLEMENTED: 414.095 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: September 30, 2014, 10:00 a.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: Bob Hoelzle. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Bob Hoelzle, Economic Self-Sufficiency Program, [phone], 1317 Winewood Boulevard, Bldg. 3, Room 419, Tallahassee, Florida 32399-0700, [e-mail]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

65A-4.220 Amount and Duration of Cash Payment.

(1) through (6) No change.

(7) Residency is not affected during temporary absences.

(a) Temporary absence exists when an absence is 30 days or less. If the absence is greater than 30 days, the individual must provide the Department with:

1. The reason(s) the absence has been prolonged (eg., medical treatment),

2. Plans to return to the state, and

3. The date the individual intends to return to the state.

(b) Temporary absence may exist when the absence is greater than 30 days if there is an intent to return to Florida. In determining continuation of TCA for temporarily absent assistance groups, TCA will continue if:

1. The assistance group has maintained its residence in Florida during the temporary absence period, and

2. The assistance group plans to return to Florida when the reason for the temporary absence has ended.

(c) Temporary absence does not exist, and therefore residency is not established, if:

1. Another state has determined the individual is a resident of their state for TCA purposes, or

2. The individual leaves the U.S. with the intent to establish permanent residence outside the U.S., or

3. There is no intent to return to Florida.

(8) The department must designate a protective payee so an application can be approved or TCA can be continued for other assistance group members, when the payee of the TCA group is disqualified due to fraud. Protective payee rules for TCA are the same as those listed in Section 414.065(2), F.S. DCF Form 2635, Protective Payee Agreement, 7/2014, is incorporated herein by reference.  Copies of forms and materials incorporated by reference in this rule may be obtained by the public from the ACCESS Florida Headquarter’s Office at 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700. Forms are also available on the Department’s web site at http://www.dcf.state.fl.us/DCFForms/Search/DCFFormSearch.aspx.

Rulemaking Authority 414.45, 414.095(18) FS. Law Implemented 414.065 FS. History–New 1-31-94, Amended 10-9-96, Formerly 10C-1.504, Amended 11-30-98, Formerly 65A-1.504, Amended 2-10-03, 3-10-09,__________.