(1) For purposes of this rule, the following definitions shall apply:

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Terms Used In Florida Regulations 65-6.020

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
    (a) Disposable Income. Net income less fixed domestic expenses and other allowable deductions.
    (b) Fixed Domestic Expenses. Basic household expenses which are deducted from net income in the fee formula:
    1. Rent on domicile,
    2. Homestead payments,
    3. Real estate taxes on homestead,
    4. Utility payments,
    5. Life insurance,
    6. Automobile insurance,
    7. Home insurance,
    8. Health insurance,
    9. Transportation costs. Mileage is allowed at the rate approved under state travel regulations.
    (c) Other expenses to be considered include:
    1. Uninsured medical expenses or casualty losses of such assets as housing or tools of a trade.
    2. Legal fees and court costs which are incurred for the benefit of the client for such purposes as: restoration of competency, filing of reports by relatives, parents or guardians of estates or property, adoption, and other legal fees for which a client could normally be responsible.
    3. Maintenance or major repairs on a home, major appliances, or automobile which is a primary vehicle.
    4. Elective surgery which would permit the client to maintain or improve health conditions.
    (2) Contingent upon the satisfactory completion and submittal of the Financial Information form, the client will be assessed a fee based on ability to pay, determined according to the following formula:
    (a) Gross income less normal payroll deductions for social security and income tax equals net income.
    (b) Net income less fixed and other allowable expenses equals disposable income.
    (3) The residential fee is the lower of:
    (a) The client’s disposable income after providing for a personal allowance in accordance with Fl. Admin. Code R. 65-6.018
    (b) The cost of care less reimbursements from other sources.
Rulemaking Authority Florida Statutes § 402.33(6). Law Implemented Florida Statutes § 402.33. History-New 1-23-85, Formerly 10-6.20, Amended 1-27-86, Formerly 10-6.020, Amended 11-26-18.