(1) The adoption benefit is a non-qualified plan under Section 125 of the Internal Revenue Code, subject to withholding taxes.
    (2) The Department shall hold an annual open enrollment period for submission of applications between the first business day of January and the last business day of March. To apply for this benefit, the applicant shall use the “”Adoption Benefits For State Employees And Other Eligible Applicants,”” form CF-FSP 5327, (October 2022), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14887.
    (a) The applicant shall complete Part I of the application.
    (b) The applicant shall then deliver the application to his or her agency head to complete Part II of the application. Upon completion, the agency head shall return the original application to the applicant.
    (c) The applicant shall then deliver the application to the community-based care agency that facilitated or subcontracted the facilitation of the adoption to complete Part III of the application.
    (d) The applicant shall submit the completed application to the Department’s email address provided on the application before the close of the annual open enrollment period.
    (e) For multiple adoptions, the applicant shall submit a separate application for each child.
    (3) The Department shall review all timely applications and determine who is eligible to receive the benefit.
    (a) Applications will be processed in the order they were received during the open enrollment period.
    (b) If applications are received on the same date, those with the earlier final order of adoption shall have priority.
    (c) Eligible applicants who are denied a benefit due to lack of funds do not have to submit a new application during the next annual open enrollment period. These eligible applicants will automatically be considered for payment of the benefit from later appropriations.
Rulemaking Authority Florida Statutes § 409.1664(6). Law Implemented Florida Statutes § 409.1664. History—New 11-22-15, Amended 1-2-18, 12-7-20, 11-22-22.