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SECTION 8: DISQUALIFICATIONS

Florida disqualifies individuals who have committed intentional program violations through administrative disqualification hearings, signed disqualification waivers, or criminal court proceedings.

8.1 FRAUD (SECTION 414.39, F.S.)

1. According to Florida law, DCF must use an error-prone profile within its public assistance information system and must screen each application for public assistance, including food assistance, Medicaid, and TCA, against the profile to identify cases with a potential for error or fraud. Each identified case must complete a pre-eligibility fraud screening. 2. For non-fraud (agency or recipient) error cases, a claim is limited to six years prior to the month the overpayment initially discovered by, or reported to, an ESS Specialist. 3. The statute of limitations restricts suspected fraud overpayment claim establishment for criminal prosecutions for fraud. DCF must refer a case to the Department of Public Assistance Fraud involving fraud before two years for a misdemeanor or three years for a felony, has elapsed from the date the fraud occurred until the case is filed with the State Attorney. 4. The court must define disqualification periods, when specified in a court order. In the absence of court ordered specifications, the TCA disqualification periods are: a. 12 months for the first violation b. 24 months for the second violation c. Permanent disqualification for the third violation

8.2 OTHER PROGRAM VIOLATIONS

1. Program violations involving trafficking of Temporary Cash Assistance benefits in the amount of $500 or more, the disqualification period is permanent for the first violation if found guilty in a Court of law. 2. Convictions for felony drug trafficking pursuant to section 893.135, F.S. including agreeing, conspiring, combining, or confederating with another person to commit the act committed on or after Aug. 22, 1996, results in the permanent disqualification for TCA benefits with the first violation, provided the conviction has not been expunged by a court. If a court expunges the felony drug trafficking conviction, the individual is not subject to the disqualification. The individual must provide proof of the expungement. 3. If the illegal behavior that led to the conviction occurred on or before 8/22/96, the disqualification does not apply regardless of the date of the conviction. 4. Fraudulent statements or representations about identity or residence to receive multiple benefits results in a disqualification period of ten years for each violation.