The amendment removes language in paragraph (2)(a) of Rule 55-11.010, F.A.C., which conflicts with Section 296.12(2), Florida Statutes, providing that interest earned on residnt accounts may be withdrawn by the resident at will. The Department has ...

 

DEPARTMENT OF VETERANS’ AFFAIRS

RULE NO.:RULE TITLE:

55-11.010Residents’ Deposits of Money

PURPOSE AND EFFECT: The amendment removes language in paragraph (2)(a) of Rule 55-11.010, F.A.C., which conflicts with Section 296.12(2), Florida Statutes, providing that interest earned on resident accounts may be withdrawn by the resident at will. The Department has consistently followed the statute’s requirements, not the conflicting rule. Accordingly, there will be no adverse impact resulting from the rule amendment.

SUBJECT AREA TO BE ADDRESSED: The current rule provision governing management of the interest earned on resident trust accounts conflicts with statute.

RULEMAKING AUTHORITY: 292.05(3) FS.

LAW IMPLEMENTED: 296.12 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Darryl Griffin, FDVA, The Capitol, Suite 2105, 400 South Monroe Street, Tallahassee, Florida 32399-0001, [phone], x 7713

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

55-11.010 Residents Deposits of Money.

(1) No change.

(2) A resident may voluntarily deposit moneys with the home at no charge to be made of the resident by the home.

(a) All interest earned on the residents deposits shall be deposited to the Grants and Donations Trust Fund to be expended for the common benefit of the residents of the home, such as improved facilities, recreational equipment and recreational supplies subject to the requirements of Chapter 216, F.S.

(a)(b) Each resident desiring to make a deposit of funds to the Residents Deposit Trust Fund shall be informed of the above provision.

(3) Such moneys as a resident may have on deposit with the Residents Deposit Trust Fund may be withdrawn, in whole or in part, at the request of the resident. A resident who requests a withdrawal between 9:00 a.m. and 11:00 a.m. on any weekday, excluding holidays observed by state employees, will, by 2:00 p.m. of the day of the request is made, receive a check payable to the resident drawn on the Trust Fund. Except in an emergency, requests made after 11:00 a.m. will be handled on the next regular weekday.

(4) through (5) No change.

Rulemaking Specific Authority 296.04(2) FS. Law Implemented 296.11(3), 296.12, 296.13 FS., as amended by Chapter 92-80, Laws of Florida. History–New 5-29-90, Amended 11-19-92, 12-27-98,________.