Fla. Admin. Code R. 65G-13.005

Current through Reg. 50, No. 119; June 18, 2024
Section 65G-13.005 - In-Home Subsidy Criteria
(1) All in-home subsidy funding is limited to basic living necessities that enable a client, in supported living, to live in his or her own home.
(2) In addition to the other requirements of this section, to be eligible for an in-home subsidy, a client must establish:
(a) He or she is eighteen years of age or older;
(b) He or she either:
1. Requires the assistance of an in-home subsidy to move into one's own home; or
2. Is unable to remain in his or her own home without an in-home subsidy;
(c) That living in his or her own home:
1. Is in the client's best interest;
2. Does not jeopardize the health, safety, or welfare of themselves or others; and
3. Is more cost-effective than other options;
(d) For a client who leases their own home, a current written lease, signed by the client and landlord that is not prohibited.
1. Prohibited leases for in-home subsidy purposes include:
a. A month-to-month lease unless the client's circumstances meet any of the criteria listed in sub-sub-subparagraphs (I)-(III) of this paragraph and may not be used for more than three consecutive months per fiscal year.
I. All available housing options that meet a client's identified needs require a month-to-month lease. For purposes of this paragraph, "available housing options" means the options that are reasonable relative to the client's financial means, as identified in the Individual Financial Profile;
II. Alternative living arrangements that offer long-term leases, such as annual leases, cannot reasonably meet the client's identified needs as described in his or her support plan; or
III. The client's health, safety, and welfare require he or she sign a month-to-month lease. The client may request an extension to the three-month period if the client's health, safety, and welfare are at risk.
b. Any fixed term that is less than one month.
(3) In-home subsidies are funds of last resort and will only be granted when all other available resources are exhausted, including those described in subsection 65G-13.003(3), F.A.C. The client shall utilize all resources or options, other than moving into the family home, to reduce the cost of living, including the requirements in paragraphs (a)-(e) below, before an in-home subsidy may be authorized.
(a) A client requesting an in-home subsidy for rental assistance shall show proof that he or she has applied for and been denied or is on the waiting list for rental assistance through the U.S. Department of Housing and Urban Development or other local governmental organization (e.g., the local public housing authority).
(b) A client is expected to participate in utility/telephone company budget plans, if available, or other low-income cellular phone assistance programs. In-home subsidy funds may be used to pay the cost of cellular phone service instead of a landline telephone service only if it would not cost more than a landline telephone service. A cost comparison of cellular phone services and landline telephone service shall be included with the client's Individual Financial Profile.
(c) A client who intends to use the in-home subsidy funds for food shall show proof that he or she has been approved or denied supplemental nutrition assistance program ("SNAP") benefits within the last twelve (12) months.
(d) A client is expected to live within his or her means, which may include living with a roommate or roommates.
(e) Costs related to the in-home subsidy request shall be reasonable for the geographical area where the client lives.
(4) An in-home subsidy will not be approved if the need for which it is being requested is the result of the mismanagement of client funds by either the client or the client's legal representative.
(5) The Agency will not reimburse start-up expenses that the client incurred prior to receiving approval for a start-up in-home subsidy.
(6) Unavailability of funds is sufficient reason to deny an in-home subsidy.
(7) Amount of in-home subsidy. The Agency determines an eligible client's in-home subsidy amount by calculating an individual determination of need, based on the client's Individual Financial Profile and supporting documentation.
(8) This rule shall be reviewed, and if necessary, renewed through the rulemaking process five years from the effective date.

Fla. Admin. Code Ann. R. 65G-13.005

Rulemaking Authority 393.066, 393.0663, 393.0695, 393.501 FS. Law Implemented, 393.063, 393.066, 393.0663, 393.0695 FS.

Adopted by Florida Register Volume 48, Number 240, December 13, 2022 effective 12/25/2022.

New 12-25-22.