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which conflicts with Section 296.12(2), Florida Statutes, providing that interest earned on resident accounts may be withdrawn by the resident at will.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 ...

 

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which conflicts with Section 296.12(2), Florida Statutes, providing that interest earned on resident accounts may be withdrawn by the resident at will.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.

SUMMARY: The current rule provision governing management of the interest earned on resident trust accounts conflicts with statute.

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:

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: 292.05(3) FS.

LAW IMPLEMENTED: 296.12 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: Darryl Griffin, FDVA, The Capitol, Suite 2105, 400 South Monroe Street, Tallahassee, Florida 32399-0001, [phone], x 7713

 

THE FULL TEXT OF THE PROPOSED RULE 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.

(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,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: David Herman, FDVA General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Prendergast, Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 8, 2014

DATE NOTICES OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 17, 2014 and March 18, 2014