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Chapter: 1400 Technical Requirements Program: MSSI, SFP 40 1440.0300 RESIDENCY (MSSI, SFP) In order to receive public assistance, all individuals must be eligible on the factor of residency. 1440.0301 Residency of Homeless Individuals (MSSI, SFP) Homeless individuals and residents of public or private nonprofit shelters for the homeless are considered residents. An otherwise eligible individual must not be required to reside in a permanent dwelling or have a fixed mailing address. 1440.0303.01 Residency Requirements (MSSI, SFP) An individual must satisfy one of the following residency requirements:

1. Reside in the State of Florida with the intent to remain. 2. Be living in the State of Florida for employment purposes. or 3. Some individuals in the U.S. with a valid temporary Visa and their U.S. born children may meet the Florida residency requirement if they verify their residency and state an intent to remain. Lawfully residing children, up to age 19, are potentially eligible for Medicaid provided all other eligibility requirements, including residency, are met. Examples of verification of residency include: a. employment or school records, b. bank statements, c. lease agreements, d. utility bills, e. Florida driver’s license or state ID card, and f. other reliable information. 1440.0303.02 Residents of Florida (MSSI, SFP) 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. Lawfully residing children, up to age 19, are potentially eligible for Medicaid provided all other eligibility requirements, including residency, are met. 1440.0303.03 Residency for Employment (MSSI, SFP) 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.