69I-21.003. Procedure for Collection of Delinquent Accounts

(1) Section 17.20, F.S., requires each agency to exercise due diligence in securing full payment of all accounts and claims due to the state. When determining the level of due diligence to exercise, consideration shall be given to the agency’s independent statutory authority to collect delinquent accounts; the type, age and amount of delinquent accounts; and whether or not the actions taken by the agency are reasonable and cost effective. Agencies shall establish, document and maintain policies and procedures which fully explain the process of exercising due diligence.

(2) No later than 120 days after the original due date of an account due to the state, and after exhausting other lawful measures available to the agency, each agency shall assign the account to a debt collection agent contracted by the Chief Financial Officer, unless the agency has statutory authority to collect delinquent accounts independently.

(3) Agencies assigning accounts to a debt collection agent contracted by the Chief Financial Officer must complete and submit to the debt collection agent a Debt Collection Referral Form (Form DFS-A1-1829, effective 01/14, http://www.flrules.org/Gateway/reference.asp?No=Ref-04202) unless another method of transmitting the required account information is approved in advance by the Chief Financial Officer. All other approved methods of transmitting data must contain the required account information found in the Debt Collection Referral Form. The Debt Collection Referral Form is hereby incorporated by reference and is available at: http:/www.myfloridacfo.com/Division/AA/Forms/default.htm.

(4) Agencies must regularly monitor collection activities on accounts assigned to a debt collection agent and verify the accuracy of amounts collected and the related collection fees.

(5) Where the delinquent account receivable is due from a state officer or employee, any agency of local government, a county or any agency thereof, or any other person to whom the state may be indebted for other goods or services or in any other manner except for salary or wages due to state officers or employees in which case rule 69I-21.004, F.A.C. would apply, the Department shall offset such delinquent account receivable against such other sums due from the state or intercept or issue stop payment orders for any outstanding warrants payable to such persons or entities or take further action authorized by chapter 17, F.S. The Department will take such action unless it is shown that demonstrative harm will occur to the State of Florida as a result of the offset, intercept or stop payment order. Additionally, the Department will advise the agency to whom such delinquent account receivable is due of such action so the agency may properly account for such offset.

Rulemaking Authority 17.29 FS. Law Implemented 17.03, 17.04, 17.20 FS. History–New 1-8-86, Formerly 3A-21.03, Amended 4-12-89, 6-3-90, 11-20-94, 5-12-97, Formerly 3A-21.003, Amended 8-13-14.