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Chapter: 1460 Technical Requirements Program: RAP 36 2. must be living in the State of Florida for employment purposes as described in passage 1460.0303.03.

For individuals institutionalized in Title XIX facilities, refer to passage 1440.0307.

1460.0303.02 Residents of Florida (RAP) Residency exists when the intent of the individual is to remain in the state. Residency is not dependent upon the duration of the stay. Residency does not exist when the stay is for a temporary purpose such as a vacation and there is intent to return to a residence in another state.

When a child is in the child's usual family setting, the residency of the child is considered in the context of the family situation. If the child leaves the family setting to reside elsewhere, residence is determined based on the extent and nature of the child's own stay.

A child is considered a resident when the parent or caretaker relative is a migrant agricultural worker who maintains Florida as a home for the children and intends to return to Florida.

Note: Children born in the U.S. of undocumented or ineligible noncitizen parents residing in the state may meet the residency requirement if they intend to remain even if parents may not legally remain due to USCIS status. 1460.0303.03 Residency for Employment (RAP) An individual is considered a resident if he is living in the state for purposes of employment without intent to remain and meets the following conditions:

1. the individual or caretaker relative is living in Florida without intent to remain and is not receiving assistance from another state, and 2. the individual or caretaker relative came to Florida with a job commitment or is actively seeking employment during the stay in the state. 1460.0309 Residency Verification (RAP) If residency is established by intent to remain in the state, verification is only necessary when the residency statement is questionable.

Residency due to employment purposes must be verified. Verification includes but is not limited to the following:

1. home visits, 2. collateral contacts, 3. rent/mortgage or utility receipts, 4. other forms of ID, 5. driver's license records, 6. letter of employment offer, or 7. letter from employment agency. 1460.0310 Temporary Absence from the State (RAP) An individual may be temporarily absent from the state if the person intends to return when the purpose of the absence has been accomplished, unless another state has determined the individual is a resident there for purposes of Medicaid.