The Department intends to amend Rule 65A-1.900, F.A.C., to clarify information contained in an incorporated form.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Economic Self-Sufficiency Program

RULE NO.:RULE TITLE:

65A-1.900Overpayment and Benefit Recovery

PURPOSE AND EFFECT: The Department intends to amend Rule 65A-1.900, F.A.C., to clarify information contained in an incorporated form.

SUMMARY: The Department intends to clarify information regarding disqualification penalties contained in form CF-ES 3056, Notification of Intent to Disqualify.

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: 414.41, 414.45, FS.

LAW IMPLEMENTED: 414.31, 414.36, 414.41 FS.

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:

 

65A-1.900 Overpayment and Benefit Recovery.

This section sets forth the administrative policies applicable to the establishment and recovery of overpayments in the food assistance and cash assistance programs.

(1) through (11) No change.

(12) The following forms, incorporated by reference, and, unless otherwise stated, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-08254, are used by the Department in the process of establishing and recovering overpayment:

(a) through (k) No change.

(l) Notification of Intent to Disqualify, CF-ES 3056, September 2018 Feb 2018, available at www.flrules.org/Gateway/reference.asp?No=Ref-XXX 09359.

Copies of the forms and materials incorporated by reference are available from the Office of Public Benefits Integrity Headquarters, 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700. Forms are also available on the Department’s website at http://www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx.

Rulemaking Authority 414.41, 414.45 FS. Law Implemented 414.31, 414.36, 414.41 FS. History–New 7-21-92, Amended 1-5-93, 9-5-93, Formerly 10C-1.900, Amended 7-9-98, 4-2-00, 2-26-02, 3-18-03, 7-21-05, 1-19-09, 6-21-10, 5-24-17, 6-4-18. Amended_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Karen Jilson

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Rebecca Kapusta

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 14, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 26, 2018