The Department intends to amend rules 65A-1.400 and .900, F.A.C., to incorporate updated and new forms.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Economic Self-Sufficiency Program

RULE NO.: RULE TITLE:

65A-1.400   Forms for Client Notice and Contact

65A-1.900 Overpayment and Benefit Recovery

PURPOSE AND EFFECT: The Department intends to amend rules 65A-1.400 and .900, F.A.C., to incorporate updated and new forms.

SUMMARY: The Department intends to incorporate notification forms used by the Office of Public Benefits Integrity, make minor changes to Waiver of Administrative Disqualification Hearing forms, and update and correct statutory references to the Notification of Intent to Disqualify and Information forms.

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: 409.919, 410.033, 414.45, FS.

LAW IMPLEMENTED: 409.903, 409.904, 410.033, 414.065, 414.075, 414.085, 414.095, 414.105, 414.115, 414.122, 414.3, 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-1.400 Forms for Client Notice and Contact.

(1) through (3) No change.

(4) The Overpayment and Benefit Recovery only forms are:

(a) CF-ES Form 3057, Sep 09, Information Concerning Administrative Disqualification Hearings

(b) is relettered (a) No change

(b)(c) CF-ES Form 3410, Feb 2018 Sep 06, Waiver of Administrative Disqualification Hearing with Program Loss

(c)(d) CF-ES Form 3410A, Feb 2018 Sep 06, Waiver of Administrative Disqualification Hearing without Program Loss

(e) is relettered (d) No change.

(e) CF-ES Form 2338, Feb 2018, Contact Notice

(f) CF-ES Form 2339, Feb 2018, Request for Verification

(g) CF-ES Form 2340, Feb 2018, Home Visit Confirmation Notice

(5) through (6) No change

Rulemaking Authority 409.919, 410.033, 414.45 FS. Law Implemented 409.903, 409.904, 410.033, 414.065, 414.075, 414.085, 414.095, 414.105, 414.115, 414.122, 414.31 FS. History–New 4-9-92, Amended 7-1-93, 8-3-94, Formerly 10C-1.400, Amended 12-29-98, 3-18-03, 7-25-06, 1-8-12, ____.

 

65A-1.900 Overpayment and Benefit Recovery.

(1) through (11) No change.

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

(a) Information Concerning Administrative Disqualification Hearings, CF-ES 3057, 09/2009;

(b) is relettered (a) No change.

(b)(c) Waiver of Administrative Disqualification Hearing With a Program Loss, CF-ES 3410, Feb 2018 09/2006;

(c)(d) Waiver of Administrative Disqualification Hearing Without a Program Loss, CF-ES 3410A, Feb 2018 09/2006;

(e) through (i) are relettered (d) through (h) No change.

(i)(j) Treasury Offset Review Decision Notice 9/2016;.

(j) Management Review Notice, CF-ES 2341, Feb 2018;

(k) Trafficking Waiver of an Administrative Hearing, CF-ES 2372, Feb 2018; and

(l) Notification of Intent to Disqualify, CF-ES 3056, Feb 2018.

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, ____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Karen Jilson

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Carroll

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 19, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 21, 2018