19037043, 12E-1.012 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 19037043

Notice of Proposed Rule

Department:

DEPARTMENT OF REVENUE

Division:

Child Support Program

Chapter:

CHILD SUPPORT PROGRAM

Overview

RULE:

12E-1.012	Consumer Reporting Agencies
12E-1.023	Suspension of Driver License; Suspension of Motor Vehicle Registration
12E-1.030	Administrative Establishment of Child Support Obligations
12E-1.036	Administrative Establishment of Paternity and Support Obligations
12E-1.037	Notification to Withhold Support from Reemployment Assistance
12E-1.039	Request for Services
12E-1.040	Intergovernmental Forms

PURPOSE:

The purpose of the proposed amendment of Rule 12E-1.012, F.A.C. (Consumer Reporting Agencies) is to update the criteria for reporting past-due support to consumer reporting agencies by changing the delinquent support criterion and adding new criteria, and to adjust the time allowed for informal reviews, including an additional five days for mailing.
The effect of the amendment is to amend the criteria for reporting past-due support to consumer reporting agencies, to adjust the delinquent support amount criterion, add new criteria, and to clarify the time frame associated with the informal review process.
The purpose of the proposed amendment of Rule 12E-1.023, F.A.C. (Suspension of Driver License; Suspension of Motor Vehicle Registration), is to provide additional criteria for initiating an action to suspend a parent’s driver license, including a delinquent support criterion, and to clarify the conditions when the Program terminates a pending suspension action or reinstates a suspended driver license.
The effect of the amendment is to add new criteria for initiating license suspensions, including a delinquent support amount criterion, and to clarify the license reinstatement process. The rule specifies the suspension criteria and reinstatement conditions that apply to suspending a license for non-payment of support, and distinguishes them from the suspension criteria and reinstatement conditions that apply when the license suspension or reinstatement is for failure to comply with a subpoena or order relating to a paternity or support proceeding.
The purpose of creating proposed Rule 12E-1.030, F.A.C. (Administrative Establishment of Child Support Obligations), is to inform the public of how the Department establishes administrative support orders.
The effect of creating the proposed rule is to provide the public with the steps used by the Department when it seeks to administratively establish a child support child support obligations as well as the rights and responsibilities of the parties involved in an administrative support obligation.
The purpose of the proposed amendment to Rule 12E-1.036, F.A.C. (Administrative Establishment of Paternity and Support Obligations), is to align the rule with Rule 12E-1.030 (Administrative Establishment of Child Support Obligations. The amendment updates the rule for how the alleged father may opt-out of the administrative process, how the Department calculates support obligations for support orders, and updates information about how the Department determines cooperation for the mother.
The effect of the amendment is to clarify the alleged father’s right to opt-out of the administrative process, to clarify how the Department determines support obligations, and to clarify what actions constitute cooperation with this process.
The purpose of creating proposed Rule 12E-1.037, F.A.C. (Notification to Withhold Support from Reemployment Assistance), is to describe the process used to implement the requirement in section 443.051, Florida Statutes, to notify the Department of Economic Opportunity to withhold support payments from the reemployment assistance (formerly known as unemployment compensation) of parents who owe support obligations.
The effect of creating proposed Rule 12E-1.037, F.A.C., is to define the term “support obligations” as used in the rule, describe how the Department uses data received from the Department of Economic Opportunity, provide a limit for the amount to be withheld from a parent’s reemployment assistance, provide for refunding withheld amounts that exceed a parent’s total support obligation, provide for adjusting future withholdings to avoid excess withholding, and describe how the Department of Revenue allocates a withheld amount among cases when a parent who owes support has more than one case with a support obligation.
The purpose of proposed Rule 12E-1.039, F.A.C. (Request for Services), is to establish standards for applications and public assistance referrals for Title IV-D services.
The effect of the proposed rule is to define who is eligible to receive services, how to apply for services and the information that must be provided. The proposed rule also addresses how applications and public assistance referrals for child support services are reviewed and processed by the Child Support Program. 
The purpose of creating proposed Rule 12E-1.040, F.A.C. (Intergovernmental Forms), is to incorporate by reference federally approved forms General Testimony (CS-IS21) and the Affidavit in Support of Establishing Paternity (CS-IS26) used in intergovernmental cases.
The effect of creating proposed Rule 12E-1.040, F.A.C., is to provide the forms the department will use to in intergovernmental cases. The General Testimony (CS-IS21) form will be used to obtain a sworn statement about the information and facts of the case from a person seeking establishment of paternity, support, or paternity and support. The Affidavit in Support of Establishing Paternity (CS-IS26) form will be used to obtain a paternity affidavit from a person seeking establishment of paternity or paternity and support.

SUMMARY:

The proposed amendment to Rule 12E-1.012, F.A.C. (Consumer Reporting Agencies), substantially rewords the rule which establishes how the Department initiates an action to report a parent’s past-due support to consumer reporting agencies.
The proposed amendment to Rule 12E-1.023, F.A.C. (Suspension of Driver License; Suspension of Motor Vehicle Registration), substantially rewords the rule which establishes how the Department initiates suspension and reinstatement of driver’s licenses and vehicle registrations related to nonpayment of child support, and failure to comply with a subpoena or order in a paternity or support proceeding.
The proposed creation of Rule 12E-1.030, F.A.C. (Administrative Establishment of Child Support Obligations), establishes how the Department administratively establishes child support obligations when it is providing services under Title IV-D of the Social Security Act.
The proposed amendment to Rule 12E-1.036, F.A.C. (Administrative Establishment of Paternity and Support Obligations), is to align the rule with Rule 12E-1.030 (Administrative Establishment of Child Support Obligations.
The purpose of creating proposed Rule 12E-1.037, F.A.C. (Notification to Withhold Support from Reemployment Assistance), is to describe the process used to implement the requirement in section 443.051, Florida Statutes, to notify the Department of Economic Opportunity to withhold support payments from the reemployment assistance (formerly known as unemployment compensation) of parents who owe support obligations.
The purpose of creating proposed Rule 12E-1.039, F.A.C. (Request for Services), is to establish standards for applications and public assistance referrals for Title IV-D services.
The purpose of creating proposed Rule 12E-1.040, F.A.C. (Intergovernmental Forms), is to incorporate by reference federally approved forms General Testimony (CS-IS21) and the Affidavit in Support of Establishing Paternity (CS-IS26) used in intergovernmental cases.
The proposed rules and amendments adopt, by reference, technical and administrative changes to forms currently used to administer child support services, as well as promulgate several forms for the first time.

RULEMAKING AUTHORITY:

61.1354(5), 61.14(1)(c), 120.54(6), 409.2557, 409.2557(3)(h), 409.2557(3)(i) 409.2557(3)(p), 409.256(17), 409.2563(7)(e), 409.2563(16) FS.

LAW:

61.1354, 322.058, 409.256, 409.2563, 409.2567, 443.051 FS., 45 CFR 303.7(a)(4)

PRINT PUBLISH DATE:

6/1/2017 Vol. 43/106

COMMENTS:

From 6/1/2017 To 6/22/2017 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-06599 CS-PO34
Ref-06604 CS-OA18
Ref-06606 CS-OA32
Ref-06608 CS-OA55
Ref-06609 CS-EF55
Ref-06610 CS-EF57
Ref-06621 CS-OP100

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