Notice of Proposed Rule

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Economic Self-Sufficiency Program
RULE NO: RULE TITLE
65A-1.603: Food Stamp Program Income and Expenses
PURPOSE AND EFFECT: The proposed rule amendment updates the telephone standard and includes wording changes, clarifications and technical changes of a non-substantive nature improving the content of the rule.
SUMMARY: General Food Stamp Program income and expense language.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 414.45 FS.
LAW IMPLEMENTED: 414.31 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: January 7, 2009, 11:00 a.m.
PLACE: 1317 Winewood Boulevard, Building 3, Room 455, Tallahassee, Florida 32399-0700
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Cindy Keil, ACCESS Florida Program Policy, 1317 Winewood Boulevard, Building 3, Tallahassee, Florida 32399-0700, (850)410-3291

THE FULL TEXT OF THE PROPOSED RULE IS:

65A-1.603 Food Stamp Program Income and Expenses.

(1) Rounding Income and Expenses. With the exception of the benefit reduction, cCents resulting from budgetary calculations are will be retained at each level in determining the assistance group’s (AG’s) food stamp benefits except at calculation of the benefit reduction. The result of calculation of the benefit reduction is will be rounded up to the next whole dollar amount.

(2) Standard Utility Allowance. A standard utility allowance (SUA) of $198 must be used by Assistance Groups (AGs) who actually incur or, within the certification period next 12 months expect to incur, either heating or cooling expenses costs or both separate and apart from their rent or mortgage and by AGs who receive direct or indirect assistance authorized under the Low Income Home Energy Assistance Act of 1981 payment. Actual utility expenses are not allowed. Any When a SUA is budgeted, no other additional utility expenses costs, including the separate telephone standard, are not used expense, will be budgeted. The AGs that must use the SUA include those that:

(a) Are billed by their landlord for actual usage of cooling and/or heating utilities, or are charged a flat rate for heating and cooling, separate and apart from their rent or mortgage;

(b) Receive direct or mortgage assistance authorized by the Low Income Home Energy Assistance Act of 1981 (LIHEAP); and

(c) Share a utility meter and incur a heating cost, a cooling cost or both.

(d) Assistance Groups who are residents of public housing that are billed only for excess utility expenses are entitled to the full SUA.

(e) If more than one AG shares in paying any of the utility expenses of the dwelling, the full SUA will be allowed for each AG sharing in any of the utility costs. An individual living with others and not sharing in the utility costs of the dwelling is not entitled to the SUA.

(3) Basic Utility Allowance. A basic utility allowance (BUA) of $173 must will be used by budgeted for AGs who that do not have the ability to incur either heating or cooling expenses, but do incur other utilityies expenses such as electricity, fuel, water, sewerage, or garbage pickup, separate and apart from their rent or mortgage. Actual utility expenses are not allowed. If the BUA is budgeted, no other Any additional utility expenses, including the telephone standard, are not used expense, will be budgeted. The use of this BUA is mandatory for all AGs who incur a utility expense other than a telephone, including AGs who:

(a) Are billed by their landlord for actual usage or are charged a flat rate for utilities; and

(b) Share a utility meter and pay for utilities.

If more than one AG shares in paying any of the utility expenses of the dwelling, the full BUA will be allowed for each AG sharing in the utility costs. An individual living with others and not sharing in the utility expenses of the dwelling is not entitled to share the BUA.

(4) Telephone Standard. A telephone standard of $29 must be used by AGs whose incur only allowable utility expense is for a telephone expense, will be offered a separate standard telephone allowance for use in the food stamp budget. Actual telephone expenses are not allowed. Any additional utility expenses, including the SUA or BUA, are not used. If more than one AG shares in payment of the telephone expense and that is the only utility expense of the dwelling, the full telephone standard will be allowed for each AG sharing in the telephone expense. The amount of the standard telephone allowance is $14.

(5) Homeless Shelter Deduction Standard Estimate for the Homeless. A hHomeless shelter deduction of $143 must be used by homeless AGs who do not receive free shelter throughout the month and individuals who incur or expect to incur shelter expenses unless higher expenses are claimed costs during a month shall have a shelter standard estimate of $143 included in their food stamp budget, if the individual so desires.

Specific Authority 414.45 FS. Law Implemented 414.31 FS. History– New 1-31-94, Formerly 10C-1.603, Amended 1-12-99, 5-25-03, 8-22-05,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Nathan Lewis
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: George H. Sheldon
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 26, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 17, 2008