reglab/statecodes huggingface dataset:
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-2 - RULES OF PRACTICE AND PROCEDURE › Section 65-2.069 - Intentional Program Violation Disqualification Hearings

Current through Reg. 50, No. 138; July 16, 2024
(1) The hearings officer of the Office of
				Appeal Hearings shall conduct intentional program violation disqualification
				hearings. These hearings shall be conducted in accordance with regulations
				published by the United States Department of Agriculture, Food and Nutrition
				Service in 7 C.F.R.
				273.16.
(2) The provision for an individual to waive
				an intentional program violation disqualification hearing is an option of the
				Food Stamp Act of 1977, 7
				U.S.C. 2011 et seq., as amended, and included
				in 7 C.F.R.
				273.16.
Rulemaking Authority
					 409.285 FS. Law Implemented
					 409.285
					 FS.
New 7-16-80, Formerly 10-2.69, Amended 4-28-86, 1-5-93,
					 Formerly 10-2.069, Amended 4-2-18.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-6 - STATE RESIDENTIAL FACILITIES - FEE COLLECTION SYSTEM › Section 65-6.011 - Authority for Charging Fees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 402.33(2), (9)(a),
					 (10) FS. Law Implemented
					 402.33
					 FS.
New 1-23-85, Formerly 10-6.11, Amended 3-29-89, Formerly
					 10-6.011, Repealed 9-30-18.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-6 - STATE RESIDENTIAL FACILITIES - FEE COLLECTION SYSTEM › Section 65-6.012 - Liability for Fees

Current through Reg. 50, No. 138; July 16, 2024
Liability for fees begins on the first day that services are
				  provided and terminates at the end of the next to the last day that services
				  are provided to the client.
(1) The
				following shall be liable for the payment of fees for services or reimbursement
				for the cost of services:
(a)
				Clients;
(b) Parents of a minor
				client;
(c) A spouse, regardless of
				the age of either party, or
(d)
				Guardians, representative payees and trustees, not as individuals, but in their
				fiduciary capacity.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-6 - STATE RESIDENTIAL FACILITIES - FEE COLLECTION SYSTEM › Section 65-6.013 - Exclusions from Liability

Current through Reg. 50, No. 138; July 16, 2024
The following parties shall not be liable for the payment of
				  fees:
(1) Indigents whose only sources
				of income are from state and federal aid. For purposes of this rule, income
				from state or federal aid shall be defined as cash assistance or cash
				equivalent benefits based on an individual's proof of financial need, such as
				Temporary Cash Assistance and the Supplemental Nutrition Assistance
				Program.
(2) Recipients of
				Supplemental Security Income shall not be assessed fees other than for
				residential services, in accordance with subsection
				 65-6.016(2),
				F.A.C.
(3) Parents of minor
				clients, when the client has been permanently committed to the department and
				parental rights have been permanently severed.
(4) Parents of a minor child, when the child
				has requested and is receiving services without parental consent. However, the
				court may order fees to be paid to the department in accordance with chapter
				39, F.S., when parental consent has not been obtained before providing services
				under this statute.
(5) Clients in
				residential care, receiving wages from employment as part of discharge plans or
				plans to prepare the client for independent living, who have requested and been
				granted a fee waiver or reduction in accordance with subsection
				 65-6.022(6),
				F.A.C.
Rulemaking Authority
					 402.33(2) FS.
					 Law Implemented 402.33
					 FS.
New 1-23-85, Formerly 10-6.13, Amended 3-29-89, Formerly
					 10-6.013.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-6 - STATE RESIDENTIAL FACILITIES - FEE COLLECTION SYSTEM › Section 65-6.014 - Determining Cost of Services and Criteria for Ability to Pay (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 402.33(4) FS.
					 Law Implemented 402.33
					 FS.
New 1-23-85, Formerly 10-6.14, 10-6.014, Repealed
					 9-30-18.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-6 - STATE RESIDENTIAL FACILITIES - FEE COLLECTION SYSTEM › Section 65-6.015 - Financial Information and Verification

Current through Reg. 50, No. 138; July 16, 2024
(1) The client or responsible party will
				complete and return to the department the Financial Information form (CF Form
				280, effective September 2018), which is incorporated by reference and
				available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10017
,
				will be completed by the direct service worker for parents of children placed
				in the custody of the department under chapter 39, F.S. The form will be
				provided by the direct service worker, or may be obtained from the fee
				collection unit. This form will specify all gross income, benefit payments,
				third party benefits available to the client and responsible party, the number
				of persons dependent on that income, and other related information required to
				determine and verify the ability to pay for the cost of services provided. In
				addition, the client or responsible party must identify the assets that may be
				available to assure payment of the fees. The form, and instructions for its
				completion, will be provided at the time a person applies for services, becomes
				a client or is admitted to a residential facility.
(2) The direct service worker, or a person
				designated by the Regional Managing Director or Facility Administrator, shall
				assist the client or responsible party in completing the form.
(3) The client or responsible party must
				complete, sign and return the form to the department within 30 days of its
				receipt. If the responsible party is not present at the time the client is
				admitted for services or the client is unable to complete the form, a blank
				form will be delivered or mailed to the client or responsible party within 10
				days of the client's admission for services. A completed and signed form must
				be returned to the department within 30 days of receipt of the form.
(4) The Financial Information form must
				include a signed statement specifying that:
(a) The information is true and
				correct;
(b) Changes in gross
				income or expenses in excess of $50 a month, in the number of individuals
				dependent on that income, or in the availability of third party benefits or
				benefit payments shall be reported to the department within 15 days of the
				change;
(c) The client or
				responsible party may, at his option, assign third party or benefit payments to
				the department.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-6 - STATE RESIDENTIAL FACILITIES - FEE COLLECTION SYSTEM › Section 65-6.016 - Income and Benefits Subject to Fee Assessment

Current through Reg. 50, No. 138; July 16, 2024
The cost of services, as defined in subsection
				   65-6.010(4),
				  F.A.C., is the maximum amount which a payor shall be charged, unless ordered by
				  a court. Payment of fees shall not be a prerequisite to receiving
				  services.
(1) First and second party
				payors shall be charged a fee not in excess of their ability to pay, according
				to the procedures described in rule
				 65-6.019, F.A.C. The maximum
				amount which may be charged is the cost of service, unless otherwise ordered by
				a court, less:
(a) Third party reimbursements
				received by the department for services provided to the client; and,
(b) In the case of residential care services,
				benefit payments applied to the cost of residential care.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-6 - STATE RESIDENTIAL FACILITIES - FEE COLLECTION SYSTEM › Section 65-6.017 - Client Earnings

Current through Reg. 50, No. 138; July 16, 2024
(1) Fees shall not
				be assessed on wages which are below the minimum hourly wage under the Federal
				Fair Labor Standards Act.
(2)
				Clients who are employed while in residential care may keep monthly earnings of
				up to $100. Of the remaining amount of earnings, the client may keep one third
				of the earnings. Two thirds of the earnings shall be subject to fee assessment
				in accordance with rule
				 65-6.019, F.A.C.
(3) Clients, whose cost of service is being
				paid by the Medicaid Program, shall pay fees from client earnings in accordance
				with Medicaid regulations 42 C.F.R. Parts 430-436.
(4) A client who was employed prior to
				admission, and who has earnings as a result of that employment, such as from
				self-employment, or sick or annual leave, shall be assessed on such earnings in
				accordance with rule  65-6.019,
				F.A.C.
Rulemaking Authority
					 402.33(2) FS.
					 Law Implemented 402.33
					 FS.
New 1-23-85, Formerly 10-6.17, Amended 4-27-93, Formerly
					 10-6.017.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-6 - STATE RESIDENTIAL FACILITIES - FEE COLLECTION SYSTEM › Section 65-6.018 - Personal Allowance

Current through Reg. 50, No. 138; July 16, 2024
For clients in residential care, a personal allowance shall
				  be set aside from benefit payments for the personal needs of the client. The
				  representative payee is responsible for maintaining and administering the
				  client's personal allowance for the benefit of the client. This allowance shall
				  be used to purchase clothing, recreational needs or activities, therapeutic
				  equipment, transportation, and other personal and comfort items for the client.
				  The amount of the allowance shall be determined annually by the client, the
				  direct service worker, the appropriate program office and the provider of
				  services. The allowance shall not exceed $100 per month. This amount may be
				  adjusted annually to reflect changes in the cost of living.
Rulemaking Authority
					 402.33(2) FS.
					 Law Implemented 402.33
					 FS.
New 1-23-85, Formerly 10-6.18, Amended 4-27-93, Formerly
					 10-6.018.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-6 - STATE RESIDENTIAL FACILITIES - FEE COLLECTION SYSTEM › Section 65-6.019 - Methodology for Assessing Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon
				submission of the financial information required by this chapter, or the court
				order for clients in short term placement, the department shall compute the fee
				according to the fee formula as found in rule
				 65-6.020, F.A.C., or fee
				schedule as found in subsection (3), or assess the Court ordered
				payment.
(2) Fees for residential
				services charged to clients with no dependents shall be based on the fee
				formula in rule  65-6.020, F.A.C.
(3) For families of two or more, fees for
				residential services except for those services listed in subsection
				 65-6.019(7),
				F.A.C., shall be charged according to a sliding fee schedule based on gross
				income and family size. The "Sliding Fee Schedule for Residential Services, "
				CF-FSP 5435, July, 2018 is incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10018
.
(4) Fees for non-residential services shall
				be assessed according to sliding fee schedules based on gross income and family
				size, unless the fee, or the criteria for determining the fee, is set by
				statute.
(5) If the department
				makes any retroactive adjustment on the basis of additional financial
				information the department may:
(a) Refund
				payors for overpayment of fees;
(b)
				At the payor's option, offset overpayments against future billings,
				or
(c) Bill the payor for any
				underpayments.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-6 - STATE RESIDENTIAL FACILITIES - FEE COLLECTION SYSTEM › Section 65-6.020 - Fee Formula for Residential Services for Adult Clients with No Dependents

Current through Reg. 50, No. 138; July 16, 2024
(1) For purposes of this rule, the following
				definitions shall apply:
(a) Disposable
				Income. Net income less fixed domestic expenses and other allowable
				deductions.
(b) Fixed Domestic
				Expenses. Basic household expenses which are deducted from net income in the
				fee formula:
1. Rent on domicile,
2. Homestead payments,
3. Real estate taxes on homestead,
4. Utility payments,
5. Life insurance,
6. Automobile insurance,
7. Home insurance,
8. Health insurance,
9. Transportation costs. Mileage is allowed
				at the rate approved under state travel regulations.
(c) Other expenses to be considered include:
1. Uninsured medical expenses or casualty
				losses of such assets as housing or tools of a trade.
2. Legal fees and court costs which are
				incurred for the benefit of the client for such purposes as: restoration of
				competency, filing of reports by relatives, parents or guardians of estates or
				property, adoption, and other legal fees for which a client could normally be
				responsible.
3. Maintenance or
				major repairs on a home, major appliances, or automobile which is a primary
				vehicle.
4. Elective surgery which
				would permit the client to maintain or improve health
				conditions.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-6 - STATE RESIDENTIAL FACILITIES - FEE COLLECTION SYSTEM › Section 65-6.021 - Notification of Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) When a client
				applies for services, the client or responsible party shall be informed of the
				department's fee collection policy.
(2) The department shall determine the fee
				assessment based on the client's or responsible party's ability to pay and on
				the availability of benefit payments and third party benefits. The fee assessed
				shall be billed to the client or responsible party retroactive to the first day
				that services were provided to the client.
(3) The department shall notify the client or
				responsible party of the amount of the fee, the billing procedure, and the
				right to request a review of the assessed fee.
Rulemaking Authority
					 402.33(2) FS.
					 Law Implemented 402.33
					 FS.
New 1-23-85, Formerly 10-6.21,
					 10-6.021.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-6 - STATE RESIDENTIAL FACILITIES - FEE COLLECTION SYSTEM › Section 65-6.022 - Fee Review Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) A client or
				responsible party may request a review of the fee if they do not agree with the
				assessment.
(2) The Regional
				Managing Director or Facility Administrator shall appoint, at a minimum, three
				members to a review committee. The Regional Managing Director or Facility
				Administrator may appoint a designee to approve the decisions of the
				committee.
(3) The client or
				responsible party must notify the department, in writing, of his request for
				review of the fee assessed, and must submit any receipts, tax records, bills,
				certified statements or other documentation needed to substantiate the request
				for a review of the fee.
(a) If the request,
				with the required documentation, is submitted to the department within three
				months of the date shown on the Notice of Maintenance Fee to be Charged,
				depending upon the committee's recommendation, the fee may be changed
				retroactive to the first month for which fees were assessed.
(b) If the request, with the required
				documentation, is submitted later than three months after the date shown on the
				Notice of Maintenance Fee to be Charged, depending upon the committee's
				recommendation, the fee may be adjusted retroactively to the month in which the
				request was received.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-6 - STATE RESIDENTIAL FACILITIES - FEE COLLECTION SYSTEM › Section 65-6.023 - Enforcement of Delinquent Accounts

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				account is considered delinquent when a charge for fees remains unpaid for 61
				days from the date the charge was made to the account.
(2) The department shall charge interest on
				amounts which remain unpaid for over 6 months from the date the amount was
				charged to the account.
(a) The interest rate
				charged shall be equal to the average rate of interest earned by the Chief
				Financial Officer on state funds deposited in commercial banks as reported by
				the Treasurer for the previous year.
(b) Payments received on accounts which have
				been charged interest shall first be applied to interest charges. Any remaining
				amounts shall be applied to the oldest charges.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-6 - STATE RESIDENTIAL FACILITIES - FEE COLLECTION SYSTEM › Section 65-6.024 - Out-of-State Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) A responsible
				party whose residence is out of state shall be requested by the department to
				apply for interstate transfer of the client. This requirement does not apply to
				a foster care client's responsible party.
(2) If the responsible party applies for
				interstate transfer of the client within 90 days of the department's request,
				fees will be assessed as described in this rule.
(3) A responsible party who does not apply
				for interstate transfer of the client within 90 days of the department's
				request shall be assessed the cost of service.
Rulemaking Authority
					 402.33(2) FS.
					 Law Implemented 402.33
					 FS.
New 1-23-85, Formerly 10-6.24, Amended 1-27-86, Formerly
					 10-6.024.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-6 - STATE RESIDENTIAL FACILITIES - FEE COLLECTION SYSTEM › Section 65-6.025 - Administration of Client Trust Funds (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 402.17 FS. Law Implemented
					 402.17
					 FS.
New 1-27-86, Amended 4-27-93, Formerly 10-6.025, Repealed
					 9-30-18.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-6 - STATE RESIDENTIAL FACILITIES - FEE COLLECTION SYSTEM › Section 65-6.026 - Payments from the Client Trust Fund (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 402.17 FS. Law Implemented
					 402.17
					 FS.
New 1-27-86, Amended 4-27-93, Formerly 10-6.026, Repealed
					 9-30-18.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-6 - STATE RESIDENTIAL FACILITIES - FEE COLLECTION SYSTEM › Section 65-6.027 - Use of Client Resources for Financial Eligibility

Current through Reg. 50, No. 138; July 16, 2024
(1) When the department determines that a
				client should be placed in a program which requires financial eligibility and
				the client is income eligible, but exceeds the program's resource limitation,
				the department may apply excess resources in the Client Trust Fund to the cost
				of care in accordance with rule
				 65-6.016, F.A.C., after
				providing for personal need and comfort items for the client. A monthly charge,
				up to the full cost of care less third party reimbursements, shall be made
				until the amount of the client's resources are below the program's resource
				limitation.
(2) Subsequent charges
				may be made to ensure that the client's resources do not exceed the resource
				limitation.
(3) If the client's
				resources are deposited in a client trust fund, the department shall transfer
				the amounts charged to the state treasury. The client, guardian, or responsible
				party shall be notified of charges made for the cost of care in accordance with
				rule  65-6.021,
				F.A.C.
Rulemaking Authority 402.17(1)(a)9. FS. Law Implemented
					 402.17
					 FS.
New 1-27-86, Amended 4-27-93, Formerly
					 10-6.027.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-25 - CLIENT TRUST FUNDS INTEREST EARNED AND FEES CHARGED DISTRIBUTION › Section 65-25.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The following terms and phrases when used in this rule and in
				  the interpretation thereof, shall have the meaning ascribed to them as
				  follows:
(1) "Client" - means any
				person receiving services, or who is determined eligible to receive services,
				provided by the department.
(2)
				"Department" - refers to the Department of Children and Families.
(3) "Fees charged" - means any assessments
				made against the fund amount on deposit by the applicable bank, by the United
				States Government, or by the department for maintenance of the fund or other
				charges to the fund as prescribed by law.
(4) "Earning balance" - is derived by
				calculating the average of the ending monthly balance for each month for which
				interest or fees are being distributed. A client's fund should reflect a
				minimum earning balance of two hundred dollars ($200.00) in order to receive a
				pro-rata share of the distributed interest or fees charged. The department's
				Assistant Secretary for Administration, or designee, shall approve the
				distribution of interest or fees on an earning balance less than the above
				minimum balance if it is so requested by the departmental custodian of the
				applicable fund. The approval shall be granted for the requesting fund only to
				avoid the necessity of: re-programming micro-computer systems originally
				designed with a lesser earning balance computation, changing earning balances
				on existing accounts, or other circumstances warranting a lesser computational
				earning balance.
Rulemaking Authority
					 402.17(6) FS.
					 Law Implemented 402.17(6)(b)
					 FS.
New 3-19-92, 9-23-92, Formerly
					 10-25.001.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-25 - CLIENT TRUST FUNDS INTEREST EARNED AND FEES CHARGED DISTRIBUTION › Section 65-25.002 - Distribution Methodology

Current through Reg. 50, No. 138; July 16, 2024
(1) The interest
				accruing on client funds is the property of the individual client and must be
				used or conserved for the personal use or benefit of that client. Similarly,
				when service charges or other fees are charged to the fund, the individual
				clients whose monies comprise the fund must bear those charges and fees. The
				department, in order to offset administrative cost of maintaining the client's
				individual accounts, shall assess, upon approval by the department's Assistant
				Secretary for Administration, or designee, a service charge against the fund
				ranging from zero (0%) to a maximum not to exceed ten per cent (10%) per period
				on the net interest earned/fees charged for that particular period.
(2) Interest earned or fees charged will be
				prorated quarterly, or a more frequent proration if in the best interest of the
				department and approved by the department's Assistant Secretary for
				Administration, or designee, and distributed to the individual client's
				accounts who have had a positive balance throughout the period and meets the
				minimum balance criteria.
(3) The
				methodology for proration is as follows:
(a)
				Compute the earning balance for each client.
(b) List all clients with an earning
				balance.
(c) Sum the earning
				balances of all individual clients to arrive at a total earning
				balance.
(d) Divide the net amount
				for distribution, interest earned minus service charges or fees, by the total
				earning balance obtained in paragraph (c), above. This yields an interest/fee
				factor.
(e) Multiply each
				individual client's earning balance by the interest/fee factor. The resulting
				figure is the interest to be credited or the fees to be charged to the
				individual client's account. The sum of all clients' interest or fees posted
				must equal the total net interest earned/fees charged for distribution. Service
				charges or fees charged to a client's account cannot result in a negative
				balance within the account.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-29 - PENALTIES ON SERVICE PROVIDERS › Section 65-29.001 - Financial Penalties for a Provider's Failure to Comply With a Requirement for Corrective Action (Contracts Not Subject to Rule 65-29.002)

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose. The purpose of this rule is to
				implement the provisions of section
				 402.73(1),
				F.S., and to provide procedures for the imposition of financial penalties upon
				providers that fail to comply with a department request for corrective
				action.
(2) Definitions. For the
				purpose of this rule, the following definitions shall apply:
(a) "Corrective Action" means acts of
				remediation the provider is required to make in response to department findings
				of unacceptable performance, nonperformance, or noncompliance to the terms and
				conditions of a contract.
(b)
				"Corrective Action Plan" means the mutually agreed upon plan prepared by the
				provider and approved by the department by which corrective action will be
				accomplished.
(c) "Department"
				means the Florida Department of Children and Families.
(d) "Extenuating Circumstances" means
				conditions beyond the control of either party that may form a basis for
				reasonable forgiveness of certain contract requirements. By their nature such
				conditions are unique necessitating the determination of their existence on a
				case by case basis and precluding the application of such a determination to
				more than a single instance during the term of any contract.
(e) "Findings of Fact" means the conclusions
				reached by the department on factual issues.
(f) "Notice of Intent to Impose a Financial
				Penalty" means a written notice issued by the department to the provider making
				the provider aware that a financial penalty is pending if the provider does not
				successfully complete the required corrective action plan within the time
				specified in the corrective action plan.
(g) "Provider" means an organization or
				individual providing services to or on behalf of the department or its
				clients.
(h) "Unacceptable
				Performance" means provider action(s), or lack thereof, that fails to satisfy
				the requirements of the contract.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.201 - Administrative and Statutory Authority (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026 FS. Law Implemented
					 409.026,
					 409.185,
					 409.235,
					 409.275,
					 409.903,
					 409.904,
					 410.033
					 FS.
New 4-9-92, Amended 11-22-93, Formerly 10C-1.201, Repealed
					 10-8-98.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.202 - Administration (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026,
					 410.033 FS. Law Implemented
					 409.026,
					 409.185,
					 409.235,
					 409.275,
					 409.903,
					 409.904,
					 410.033
					 FS.
New 4-9-92, Formerly 10C-1.202, Repealed
					 10-8-98.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.204 - Rights and Responsibilities

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				individual has the right to apply for assistance, to have eligibility
				determined, and if found eligible, to receive benefits. The applicant for or
				recipient of public assistance must assume the responsibility of furnishing
				information, documentation and verification needed to establish eligibility. If
				the information, documentation or verification is difficult for the individual
				to obtain, the Department must provide assistance in obtaining it when
				requested or when it appears necessary.
(2) The individual has the right of
				confidentiality in accordance with subsection (3), below, to receive prompt
				action, equitable treatment, notification of any case action taken and to
				receive a fair hearing due to an appeal of case action. The Department provides
				the individual with Your Rights and Responsibilities, CF-ES 2064, 07/2016,
http://www.flrules.org/Gateway/reference.asp?No=Ref-07159
,
				incorporated by reference, to explain these and other rights and
				responsibilities.
(3) All
				individuals have the right to a confidential relationship with the Department
				pursuant to the following federal regulations, federal statutes and Florida
				Statutes: for the Food Assistance Program,  7 U.S.C. §
										2020(e)(8),  7 C.F.R. §
										272.1(c), Sections
				 414.295,
				 414.31, F.S.; for the Medicaid
				Program,  42 U.S.C. §
										1396a(a)(7),  42 C.F.R. §§
										431.300-431.306,
				Sections  409.902,
				 414.295, F.S.; and, for the Cash
				Assistance Program,  42 U.S.C. §
										602(a)(1)(A)(iv),  45 C.F.R. §
										205.50,
				and Sections  414.106 and
				 414.295, F.S. Information
				obtained by the Department is considered confidential state agency material and
				is not subject to the Freedom of Information Act.
(4) Fair hearings are conducted in accordance
				with the Department's hearing procedures in Chapter 65-2, F.A.C. The Office of
				Appeal Hearings Hearing Request, CF-ES 1007, 10/2005, incorporated by
				reference, can be used to request fair hearings. An individual can also request
				a fair hearing either orally or in writing without using the form.
(5) Copies of materials incorporated by
				reference are available from the Economic Self-Sufficiency Headquarters Office,
				1317 Winewood Boulevard, Tallahassee, Florida 32399-0700, or on the
				Department's website at
http://www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx
.
Rulemaking Authority
					 409.919,
					 414.45 FS. Law Implemented
					 409.903,
					 409.904,
					 414.095,
					 414.295,
					 414.31
					 FS.
New 4-9-92, Amended 11-22-93, Formerly 10C-1.204, Amended
					 12-29-98, 5-9-02, 3-9-03, 6-4-12,
					 7-18-16.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.206 - Lifeline Service

Current through Reg. 50, No. 138; July 16, 2024
(1) The automatic
				Lifeline service enrollment process is an electronic interface between the
				Department and the Public Service Commission. Applicants and recipients can
				indicate their interest in receiving Lifeline service within the ACCESS Florida
				Web Application, CF-ES 2353, 09/2011, incorporated by reference in Rule
				 65A-1.205, F.A.C. After being
				determined eligible for Food Assistance or Medicaid, the Department sends an
				electronic file to the Public Service Commission to ensure automatic enrollment
				with the appropriate eligible telecommunications carrier.
(2) The CF-ES 2353 is available on the
				Department's website at
http://www.myflorida.com/accessflorida/
.
Rulemaking Authority 364.10(2)(g)2. FS. Law Implemented
					 364.10
					 FS.
New 2-3-09, Amended
					 4-23-17.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.300 - Cross Programmatic Policy Section (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026 FS. Law Implemented
					 409.026,
					 409.185,
					 409.235,
					 409.275,
					 409.903,
					 409.904,
					 410.033
					 FS.
New 4-9-92, Formerly 10C-1.300, Repealed
					 10-8-98.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.302 - Social Security Numbers

Current through Reg. 50, No. 138; July 16, 2024
(1) To be
				eligible for public assistance, the individual must either provide the social
				security number (SSN) when known for each person whose needs are included in
				the assistance group or SFU or, apply for a SSN for each individual who either
				does not have a number assigned or whose number is unknown. The client's verbal
				statement is sufficient to verify this information.
(2) If the SSN is unknown or has never been
				obtained, the individual must apply for a SSN through the local Department
				office or Social Security Administration (SSA) office. If the individual
				chooses to apply for a SSN through the Department Office, the eligibility
				specialist sends the completed form SS-5, Application for SSN, and original
				evidence of age, identification and citizenship to the local SSA office.
				Assistance is not denied, delayed, or discontinued when the individual (or his
				representative) has applied through the welfare enumeration system for a SSN,
				pending issuance and/or verification.
(3) If the individual (or his representative)
				fails to provide or apply for a SSN on his own behalf or on the behalf of the
				child(ren) without good cause, the needs of the individual or child, whichever
				is applicable, must be excluded from the assistance group.
Rulemaking Authority
					 414.45 FS. Law Implemented
					 409.903,
					 409.904,
					 410.033,
					 414.095(2),
					 414.31
					 FS.
New 4-9-92, Formerly
					 10C-1.302.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.303 - Assets

Current through Reg. 50, No. 138; July 16, 2024
(1) Specific policies concerning assets vary
				by program and are found in federal statutes and regulations and Florida
				Statutes.
(2) Any individual who
				has the legal ability to dispose of an interest in an asset owns the
				asset.
(3) Once the individual's
				ownership interest of an asset(s) is established, the availability of that
				asset must be determined. Asset(s) determined not to be available are not
				considered in determining eligibility. Assets are considered available to an
				individual when the individual has unrestricted access to it. Accessibility
				depends on the legal structure of the account or property. An asset is
				countable, if the asset is available to a representative possessing the legal
				ability to make the asset available for another's support or maintenance, even
				though the representative chooses not to do so. Assets not available due to
				legal restrictions are not considered in determining total available assets
				unless the legal restrictions were caused or requested by the individual or
				another acting at their request or on their behalf.
(4) Vehicles. The vehicle asset determination
				for cash assistance benefits will be completed in accordance with Section
				 414.075, F.S. Vehicles are
				excluded as assets in the eligibility determination for food assistance as
				provided in  7 CFR §
										273.8(f)(4).
Rulemaking Authority
					 409.919,
					 414.45 FS. Law Implemented
					 409.903,
					 409.904,
					 414.075
					 FS.
New 4-9-92, Amended 9-19-94, Formerly 10C-1.303, Amended
					 8-22-05, 5-20-10.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.400 - Forms for Client Notice and Contact

Current through Reg. 50, No. 138; July 16, 2024
The following forms are used for Public Assistance Programs
				  to provide applicants and recipients with required notice of the agency's and
				  client's rights and responsibilities and other necessary program information.
				  These forms are hereby incorporated by reference.
(1) Forms that apply to two or more public
				assistance programs are:
(a) CF-ES Form 1007,
				Oct 05, Office of Appeal Hearings Hearing Request
(b) CF-ES Form 2064, Mar 12, Your Rights and
				Responsibilities
(c) CF-ES Form
				2304, Sep 02, Public Assistance Consent to Release Information
(d) CF-ES Form 2305, Oct 05, Relative
				Caregiver Program Request for Eligibility Consideration
(e) CF-ES Form 2332, Mar 05, Appointment
				Notice for Face-to-Face Interview
(f) CF-ES Form 2333, Mar 05, Eligibility
				Redetermination Letter
(g) CF-ES
				Form 2334, Mar 05, Request for Information
(h) CF-ES Form 2335, Mar 05, Request for
				Information for Elderly and Disabled Individuals
(i) CF-ES Form 2336, Nov 06, Interim Contact
				Letter
(j) CF-ES Form 2640, May 05,
				Temporary Cash Assistance (TCA)/Medicaid/Food Stamp Program Child Support
				Cooperation Notice
(k) CF-ES Form
				2641, May 05, Claim Notice - Good Cause for Refusal to Cooperate
(l) CF-ES Form 2672, Oct 05, Real Property
				Agreement
(m) CF-ES Form 3052A, Feb
				09, Change Report Form
(n) CF-ES
				Form 3103, Sep 02, Authorized Benefit Representative for Electronic Benefit
				Transfer
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.502 - Beginning Dates of Eligibility (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026 FS. Law Implemented
					 409.185,
					 409.235
					 FS.
New 1-31-94, Amended 1-16-96, Formerly 10C-1.502, Repealed
					 10-8-98.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.503 - Determination of Continued Eligibility (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 414.45 FS. Law Implemented
					 414.095
					 FS.
New 1-31-94, Formerly 10C-1.503, Transferred to
					  65A-4.219.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.504 - Amount and Duration of Cash Payment (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 414.45 FS. Law Implemented
					 414.095
					 FS.
New 1-31-94, Amended 10-9-96, Formerly 10C-1.504, Amended
					 11-30-98, Transferred to
					  65A-4.220.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.505 - Payee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026 FS. Law Implemented
					 409.185,
					 409.235
					 FS.
New 1-31-94, Amended 4-26-94, Formerly 10C-1.505, Repealed
					 4-8-98.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.506 - Living in the Home of a Specified Relative (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026 FS. Law Implemented
					 409.235
					 FS.
New 1-31-94, Formerly 10C-1.506, Repealed
					 10-8-98.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.5061 - Teen Parents (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 414.45 FS. Law Implemented
					 414.095
					 FS.
New 10-9-96, Formerly 10C-1.5061, Amended 5-23-99,
					 Transferred to  65A-4.217.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.507 - Age (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026 FS. Law Implemented
					 409.235
					 FS.
New 1-31-94, Formerly 10C-1.507, Repealed
					 10-8-98.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.508 - Residence (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026 FS. Law Implemented
					 409.026,
					 409.235
					 FS.
New 1-31-94, Formerly 10C-1.508, Repealed
					 10-8-98.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.509 - Citizenship (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026 FS. Law Implemented
					 409.026,
					 409.235
					 FS.
New 1-31-94, Formerly 10C-1.509, Repealed
					 10-8-98.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.510 - Deprivation of Parental Support or Care (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026 FS. Law Implemented
					 409.235
					 FS.
New 1-31-94, Amended 9-19-94, Formerly 10C-1.510, Repealed
					 10-8-98.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.511 - Need (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026 FS. Law Implemented
					 409.185,
					 409.235
					 FS.
New 1-31-94, Formerly 10C-1.511, Repealed
					 10-8-98.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.512 - Income (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026 FS. Law Implemented
					 409.185,
					 409.235
					 FS.
New 1-31-94, Formerly 10C-1.512, Repealed
					 10-8-98.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.513 - Budgeting (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026 FS. Law Implemented
					 409.185
					 FS.
New 1-31-94, Amended 9-19-94, 3-5-95, Formerly 10C-1.513,
					 Repealed 10-8-98.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.514 - Temporary Cash Assistance Eligibility for Pregnant Women (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.54(1),
					 414.45 FS. Law Implemented
					 414.095(1), (2)(b)5., (6) FS.
New 1-31-94, Amended 1-16-96, Formerly 10C-1.514, Amended
					 10-16-97, Repealed 7-21-98.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.515 - Special Provisions for Families Who Qualify Due to Unemployment of a Parent (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026,
					 409.255 FS. Law Implemented
					 409.185,
					 409.235,
					 409.255
					 FS.
New 1-31-94, Formerly 10C-1.515, Repealed
					 10-8-98.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.517 - Immunization Program (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.54(1),
					 414.45 FS. Law Implemented
					 414.13
					 FS.
New 4-26-94, Formerly 10C-1.517, Amended 7-22-97,
					 Transferred to  65A-4.216.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.518 - The Family Transition Program (Welfare Reform) (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026 FS. Law Implemented
					 409.185,
					 409.235
					 FS.
New 4-26-94, Formerly 10C-1.518, Repealed
					 4-8-98.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.519 - Child Care (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 414.45 FS. Law Implemented
					 414.095(1)
					 FS.
New 3-5-95, Formerly 10C-1.519, Amended 8-18-97, 3-12-00,
					 Transferred to  65A-4.218.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.520 - Learnfare and Family Cap Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026 FS. Law Implemented
					 409.185(2),
					 414.125
					 FS.
New 11-18-96, Formerly 10C-1.520, Repealed
					 4-13-98.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.521 - Penalties for Nonparticipation in Work Requirements (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 414.065(4),
					 414.45 FS. Law Implemented
					 414.065(4), (7)
					 FS.
New 12-21-97, Transferred to
					  65A-4.205.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.601 - Food Stamp Program Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 414.45 FS. Law Implemented
					 414.31
					 FS.
New 1-31-94, Amended 9-6-94, Formerly 10C-1.601, Amended
					 11-30-98, Repealed 4-17-06.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.602 - Food Assistance Program Case Processing

Current through Reg. 50, No. 138; July 16, 2024
(1) Food Assistance Program case processing
				is done in accordance with the eligibility determination process in Rule
				 65A-1.205, F.A.C., and in
				7 CFR
				271.2,
				273.1 -
				273.18,
				273.24 and
				273.25.
(2) Responsible Member is defined as any
				member of the Standard Filing Unit (SFU) capable of representing the Assistance
				Group (AG) by providing sufficient and accurate information concerning the AG
				circumstances.
(3) Authorized
				Representative is defined as an adult non-household member authorized to
				represent the household during an interview. The authorized representative must
				be appointed in writing by the head of the AG, the spouse or responsible
				household member.
(4) 24-Month
				Certification Periods: Apply to AGs in which all members of the SFU meet all of
				the following criteria:
(a) Are elderly or
				disabled;
(b) Do not have any
				earned income; and,
(c) Have stable
				financial circumstances.