7038240, 12E-1.0052 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7038240

Notice of Development of Rulemaking

Department:

DEPARTMENT OF REVENUE

Division:

Child Support Program

Chapter:

CHILD SUPPORT PROGRAM

Overview

RULE:

12E-1.0052	Unidentifiable Payments
12E-1.014	Federal Offset Program; Passport Denial; Secretary of the Treasury Full Collection Services

PURPOSE:

The purpose of the proposed amendments to Rule 12E-1.014, F.A.C., is to reflect the change in 42 USC Section 664(c) which now allows the certification of past-due amounts for Internal Revenue Service Tax Refund Offset in non-public assistance cases where the child has emancipated. The amendment also changes the certification threshold for passport denial from $5000 to amounts over $2500 as allowed by Section 409.2564(10), F.S., as amended July 1, 2007. Other amendments provide new exception criteria for restoring passport privileges to an obligor who owes more than $2500. The effect of the proposed rule is to inform the public the Department will certify past-due amounts for non-public assistance cases for a child for Internal Revenue Service Tax Refund Offset, even if the child has emancipated. The rule also informs the public that the certification threshold for past-due support for passport denial has changed from $5000, to past-due support of more the $2500. Finally, the rule informs the public the Department may consider exceptions to restoring an obligor’s passport even if the obligor was not certified in error and has not paid the past-due support balance amount below $2500. The purpose of creating proposed Rule 12E-1.0052, F.A.C., is to provide guidance to the public about the Department’s procedures for resolving unidentifiable Title IV-D support payments received by the State Disbursement Unit. The proposed rule also provides information to the public about how to reclaim unidentifiable collections. The effect of the proposed rule is to provide: (1) information on identifying support payments that could not be processed because there was not enough information to identify who the payment was for; (2) information on how a noncustodial parent may seek the return of a payment which was never processed; and (3) guidance on how the Department will process payment return requests.

SUBJECT:

Rule 12E-1.014, F.A.C.: The subject of this workshop is: (1) the certification threshold amount for passport denial; (2) the certification of past-due support amounts for Internal Revenue Service Tax Refund Offset; and (3) the exception criteria for restoring passport privileges. Rule 12E-1.0052, F.A.C.: The subject of this workshop is: (1) to develop procedures for determining a collection to be unidentifiable; and (2) to provide a method of retrieving unidentifiable collections when the collection becomes identified.

RULEMAKING AUTHORITY:

409.2557(3)(i), 409.2557 (3)(j), 409.2558(4), 409.2558(9) FS.

LAW:

61.17, 409.2558(3), 409.2558(4), 409.2564 FS.

PRINT PUBLISH DATE:

4/24/2009 Vol. 35/16

RELATED STATUTES
AND LAWS:

409.2557(3)(i), 409.2557 (3)(j), 409.2558(4), 409.2558(9) FS., 61.17, 409.2558(3), 409.2558(4), 409.2564 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=12E-1.0052&PDate=4/24/2009&Section=1

REFERENCE MATERIALS:

No reference(s).

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