CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 487, 2009 WL 160306
...It is undisputed that Appellee, Miguel Mora Rodriguez, is an illegal alien who suffered neurological injuries and paralysis on the right side of his body as a result of an automobile accident. Appellee, who had been living in Florida, sought services through the BSCI Program, which, pursuant to section 381.76(1)(b), Florida Statutes, limits benefits to "legal resident[s] of this state at the time of application for services." The Department denied benefits, finding that Appellee was not a "legal Florida resident." In response, Appellee file...
...merica." The ALJ, relying on the fact that the Legislature has distinguished between citizenship/immigration status and legal Florida residency in other statutes, determined that rule 64I-1.001(1)(c) impermissibly modified, enlarged, and contravened section 381.76(1)(b)....
...We reject Appellee's alternative argument that BSCI Program services are exempted from PRWORA pursuant to sections 1621(b)(1) and (b)(4). Given the fact that a person who suffers a brain or spinal cord injury is only eligible for the BSCI Program if he or she is medically stable, see § 381.76(1)(d), Fla....
