12E-1.022. Overpayment Recovery

(1) For purposes of this rule:

(a) “Department” means the Department of Revenue or a contractor or a subcontractor when authorized by the Department of Revenue.

(b) “Overpayment” means the amount of a disbursement that is received by an obligee in a Title IV-D case that the obligee is not entitled to receive. The term includes, but is not limited to, a disbursement resulting from fraud or mistake, a disbursement made based on a non-sufficient funds instrument or electronic funds transfer, and a disbursement made from a collection that was partially or fully reversed by the Internal Revenue Service.

(2) When an obligee receives an overpayment for a period during which the obligee was receiving temporary cash assistance, the department shall report the amount of the overpayment to the Department of Children and Family Services.

(3) When an obligee receives an overpayment for a period during which the obligee was not receiving cash assistance, the department shall send the obligee a written notice of overpayment by regular mail to the obligee’s last known address. The written notice of overpayment must state:

(a) The amount of the overpayment;

(b) The date of the overpayment;

(c) That the obligee is required to repay the overpayment;

(d) That the obligee may repay the overpayment in one lump sum;

(e) That the obligee may sign a repayment agreement to withhold a percentage of future collections or repay in installments;

(f) That recovery of the overpayment will be pursued whether the obligee’s child support case is open or closed; and

(g) That if the obligee does not repay the overpayment, sign a repayment agreement, or respond to the department in writing, the department shall withhold 25% of future collections received until an overpayment has been repaid.

(4) When an obligee has agreed in writing to repay overpayments by withholding future collections received by the department that would otherwise be disbursed to the obligee, the department shall send the obligee a written notice of overpayment in compliance with subsection (3). The written notice of overpayment must also state:

(a) That the obligee has previously agreed in writing to withholding future collections to repay the overpayment;

(b) That the obligee must respond to the department in writing within 60 days from the date of the written notice of overpayment;

(c) The method by which the obligee can request a reconsideration as provided by Rule 12E-1.006, F.A.C., Request for Reconsideration;

(d) That if the obligee makes a timely request for reconsideration, no further collection action will be taken until the reconsideration process is concluded;

(e) That if an overpayment is established when the reconsideration process is concluded, and the obligee does not repay the overpayment, sign a repayment agreement, or respond to the department in writing, the department shall attempt to recover the overpayment by withholding future collections or by pursuing other collection actions or legal remedies to recover the overpayment from the obligee; and

(f) That if the obligee is not satisfied with the reconsideration decision, the obligee may request an administrative hearing as provided by subsection 12E-1.006(10), F.A.C., Request for Reconsideration.

(5) When an obligee has not agreed in writing to repay overpayments by withholding future collections received by the department that would otherwise be disbursed to the obligee, the department shall send the obligee a written notice of overpayment in compliance with subsection (3).

(a) The first written notice of overpayment must also state:

1. That the obligee must respond to the department in writing within 20 days from the date of the written notice of overpayment;

2. The method by which the obligee can request a reconsideration as provided by Rule 12E-1.006, F.A.C., Request for Reconsideration;

3. That if the obligee makes a timely request for reconsideration, no further collection action will be taken until the reconsideration process is concluded;

4. That if an overpayment is established when the reconsideration process is concluded, and the obligee does not repay the overpayment, sign a repayment agreement, or respond to the department in writing, the department shall attempt to recover the overpayment by withholding future collections or by pursuing other collection actions or legal remedies to recover the overpayment from the obligee; and

5. That if the obligee is not satisfied with the reconsideration decision, the obligee may request an administrative hearing as provided by subsection 12E-1.006(10), F.A.C., Request for Reconsideration.

(b) If the obligee does not respond to the first written notice of overpayment sent pursuant to paragraph (5)(a), the department shall send the obligee a second written notice of overpayment in compliance with subsection (3). The second written notice of overpayment must also state:

1. The date of the first written notice of overpayment;

2. That this is a second written notice of overpayment; and

3. That the obligee must respond to the department in writing within 20 days from the date of the second written notice of overpayment.

(c) If the obligee does not respond to the second written notice of overpayment sent pursuant to paragraph (5)(b), the department shall send the obligee a third and final written notice of overpayment in compliance with subsection (3). The third and final written notice of overpayment must also state:

1. The dates of the first and second written notices of overpayment;

2. That this is the third and final written notice of overpayment that will be sent;

3. That the obligee must respond to the department in writing within 20 days from the date of the third and final written notice of overpayment; and

4. That the department shall pursue other collection actions or legal remedies to recover the overpayment from the obligee.

(6) The department shall provide a repayment agreement form with each written notice of overpayment that is sent to the obligee. The obligee may use the repayment agreement form to respond to the department in writing.

(7) The obligee may request to sign a repayment agreement to repay the overpayment in installments. Upon request and after full disclosure by the obligee of available income and resources, the department shall agree to a repayment agreement with the obligee that is reasonably related to the obligee’s current ability to pay.

(8) The department shall withhold 25% of future collections received until an overpayment has been repaid if the obligee does not respond to the written notices sent pursuant to subsection (4) or paragraph (5)(c).

(9) Amounts withheld from future collections received by the department that would otherwise be disbursed to the obligee shall be applied toward the overpayment until it has been repaid. The remaining amount of each collection will be disbursed as required by Section 409.2558(1), F.S.

Rulemaking Authority 409.2557(3)(q), 409.2558(7), 409.2558(9), 409.2564(13) FS. Law Implemented 409.2558(7), 409.2564(12)(b) FS. History–New 6-17-92, Amended 7-20-94, Formerly 10C-25.019, Amended 10-22-00, 7-8-03.