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 the Temporary Cash Assistance Program (TCA) determines temporary absence from the state. The revisions ...

 

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 the Temporary Cash Assistance Program (TCA) determines temporary absence from the state. The revisions implement the requirement to designate a protective payee when the parent or caretaker has been disqualified from TCA participation due to fraud. The revisions also implement time limits for restoration of TCA benefits.

SUMMARY: 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 the Temporary Cash Assistance Program (TCA) determines temporary absence from the state.

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: 414.45 FS.

LAW IMPLEMENTED: 414.095 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 23, 2014, 10:00 a.m. – 11:00 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 IS: Bob Hoelzle, Economic Self-Sufficiency Program, [phone], 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65A-4.220 Amount and Duration of Cash Payment.

(1) through (4) No change.

(5) Payments are made in monthly increments throughout the period of eligibility (i.e. – until determined ineligible).

(a) If the Department determines that a loss of benefits has occurred and the household is entitled to the restoration of those benefits, the Department will take action to restore lost benefits.

(b) Benefits will not be restored if the benefits were lost more than twelve months prior to the month the loss was discovered.

(6) The Department may continue assistance for only one month following the month of departure when the recipient moves out of the state and requests the extension.

(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 §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 ESS 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 414.14, FS., 414.095 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,___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dianna Laffey, Chief Program Policy, ESS

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Carroll, Interim Secretary DCF

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 24, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 4, 2014 Volume 40, Number 172