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Chapter: 1600 Assets Program: MSSI, SFP 23

Sources of information include documents such as tax statements, county property records, fire department records; and police records. If there is any indication that a portion of the individual's property is not physically located in the home plot, the individual must provide evidence of the property's ownership status and that the property is part of the home property. This information is included in the record.

Sources of the evidence can include items such as a copy of the tax assessment, bill, title, deed, or other relevant documents the individual has in his possession.

If the individual cannot provide this evidence or the evidence is insufficient, contact the local source of property tax information regarding the property boundaries and record the information for the record. 1640.0543.01 Home as Principal Place of Residence (MSSI, SFP) An individual’s temporary absence from the home does not affect the exclusion of the home as an asset regardless of the length of absence, if:

1. a spouse or dependent relative continues to reside in the home, or 2. the sale of the home would cause undue hardship due to loss of primary residence to a co-owner of the property, or 3. the individual (or, on his behalf, a designated representative) states an intent to return home.

The individual’s or designated representative’s verbal statement regarding the above must be recorded in the record and is sufficient to establish this factor of eligibility. There is no limit on how long a home may be excluded.

In defining “dependent relative”, dependency may be of any kind (financial, medical, etc.). For purposes of this section, a dependent relative may include a son, daughter, grandson, granddaughter, stepson, stepdaughter, half brother, half sister, niece, nephew, cousin, parents, in-laws, grandmother, grandfather, aunt, uncle, sister, brother, stepbrother, or stepsister.

Intent to return policy applies only to the continued exclusion of property which met the definition of the individual’s home prior to the time the individual left the property. The individual must have lived in the home prior to the temporary absence in order to have it excluded based on his intent to return. 1640.0543.02 Individuals with Homes in Another State (MSSI) Individuals who meet Florida residency requirements who have a home in another state may have that home excluded as an asset if:

1. the individual’s spouse or dependent relative resides in the home; or

2. the individual expresses an intent to return to that home (that is, the home continues to be the individual’s principal place of residence).

Statements of intent to return or allegations of dependency are accepted without further development (unless questionable) from the individual, designated representative, or the dependent relative if the individual is incapable of providing such information. 1640.0543.03 Home Replacement Exclusion (MSSI, SFP) The proceeds from sale of an excluded home and any other excluded property sold with the home can be excluded from assets for up to three months while the home is being replaced. Policy details on the three-month exclusion limit are provided in passage 1640.0543.04.