(A) The purpose of the proposed amendments to Rule 12-2.022, F.A.C., is to provide guidance to the public regarding inspection and copying of final orders pertaining to the Child Support Enforcement Program. The effect is to provide information to ...

DEPARTMENT OF REVENUE
Departmental

RULE NO: RULE TITLE
12-2.022: Public Inspection and Copying
12-2.023: Final Orders Required to be Indexed
12-2.025: Designation of Official Reporter
12-2.026: Numbering of Final Orders
PURPOSE AND EFFECT: (A) The purpose of the proposed amendments to Rule 12-2.022, F.A.C., is to provide guidance to the public regarding inspection and copying of final orders pertaining to the Child Support Enforcement Program. The effect is to provide information to the public concerning the location, inspection and copying of final orders issued by the Child Support Enforcement Program, as well as the responsibilities of the Deputy Agency Clerks for the Program. (B) The purpose of the proposed amendments to Rule 12-2.023, F.A.C., is to inform the public of final orders required to be indexed by the Child Support Enforcement Program. The effect is to ensure the public understands that final orders issued by the Child Support Enforcement Program will be excluded from indexing, unless the final order is of precedential value. (C) The purpose of the proposed amendments to Rule 12-2.025, F.A.C., is to inform the public that administrative child support final orders will be indexed, listed and maintained by the child support enforcement Deputy Agency Clerks. The effect is to ensure the public understands which child support enforcement final orders will be listed and maintained by the Deputy Agency Clerks. (D) The purpose of the proposed amendments to Rule 12-2.026, F.A.C., is to inform the public of the Department’s numbering of final orders issued by the Child Support Enforcement Program. The effect is to create two agency prefix designations and eleven sub-suffix designations for use in numbering final orders issued by the Child Support Enforcement Program.
SUMMARY: A) The proposed amendments to Rule 12-2.022, F.A.C., conform this rule to the proposed changes in Rules 12-2.023, 12-2.025, and 12-2.026. Also, these proposed amendments clarify how the public can seek information or copies of child support enforcement (CSE) final orders from the Department. B) The proposed changes to Rule 12-2.023, F.A.C., add final orders issued to administratively establish a support order or to determine paternity to the list of agency final orders that do not have to be indexed, unless such support or paternity order has precedential value as discussed in paragraphs (a) through (d) of subsection (1) of this rule. C) The proposed revisions to Rule 12-2.025, F.A.C., specify which office will list and maintain final orders pertaining to CSE. D) The proposed amendments to Rule 12-2.026, F.A.C., add several child support enforcement final order categories to the list used by the Department, including “Paternity Only Orders” and “Paternity and Support Orders”, and revises the index numbering structure to enable the various types of child support orders to be specifically identified.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 120.533, 213.06(1), 213.071, 409.2557(3), 409.256(17), 409.2563(16) FS.
LAW IMPLEMENTED: 120.53(2), (3), (4), 409.256, 409.2563 FS.
A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE: Tuesday, October 31, 2006, 9:30 a.m.
PLACE: 4070 Esplanade Way, Room 301, Tallahassee, Florida.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Larry Green at [phone]. A person who is hearing-impaired or speech-impaired, should contact the Department by using the Florida Relay Service, 1(800)955-8770 (Voice) and 1(800)955-8771 (TDD).
The Department’s proposed rules are available on the Department’s web site: www.myflorida.com/dor/rules. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Phil Scruggs, Government Analyst II, Department of Revenue, P.O. Box 8030, Tallahassee, Florida 32314-8030, telephone [phone], e-mail address [e-mail].

THE FULL TEXT OF THE PROPOSED RULE IS:

12-2.022 Public Inspection and Copying.

(1) The following shall be made available from the agency for public inspection and copying, at no more than cost:

(a) All final orders.

(b) A current subject-matter index identifying final orders which are indexed.

(c) A list of all final orders which are not indexed, which must be listed pursuant to Rule 1S-6.005, F.A.C.

(2)(a) The Agency Clerk shall assist the public in obtaining information pertaining to final orders, except for final orders for child support enforcement. The Office of the Agency Clerk is located at the Department of Revenue, Carlton Building, Room 204, Tallahassee, Florida 32399-0100, Phone Number [phone]. The office is open to the public between the hours of 8:00 a.m. and 5:00 p.m., excluding state holidays and weekends.

(b) The Office of the Deputy Agency Clerks for the Child Support Enforcement Program shall assist the public in obtaining information regarding final orders for child support enforcement.

1. For purposes of final orders for child support enforcement, except for administrative paternity and support orders, contact the Deputy Agency Clerk at the Department of Revenue, 4070 Esplanade Way, Tallahassee, FL 32399-3150, Phone Number [phone].

2. For purposes of administrative paternity and support orders, contact the Deputy Agency Clerk at the Department of Revenue, 400 W. Robinson Street, Suite S-509, Orlando, FL 32801, Phone Number [phone].

(c) The office of the Agency Clerk and the offices of the Deputy Agency Clerk are open to the public between the hours of 8:00 a.m. and 5:00 p.m., excluding state holidays and weekends.

(3)(a) Final orders, except final orders for child support enforcement, required to be indexed may be found by utilizing the Department's official reporter, Florida Administrative Law Reports (FALR). The official reporter is found at most county law libraries, and is available by subscription at Florida Administrative Law Reports, Post Office Box 385, Gainesville, Florida 32602, Phone Number [phone].

(b) Final orders relating to child support enforcement that are required to be indexed are located at the offices of the Deputy Agency Clerks, as provided in subsection (2).

(4)(a) Except for final orders relating to child support enforcement, final Final orders that which are listed, but not indexed and published, and the list of such final orders are maintained at the Office of the Agency Clerk and available for public inspection and copying at cost.

(b) Deputy Agency Clerks will render, file, index, and certify final orders relating to child support enforcement. Final orders relating to child support enforcement that are listed, but not indexed and published, and the list of those final orders are maintained at the offices of the Deputy Agency Clerks for the Child Support Enforcement Program.

(5) Certified copies of final orders pertaining to child support enforcement may be obtained from the Deputy Agency Clerks at their office designations, as provided in subsection (2). Certified copies of other final orders may be obtained from the Office of the Agency Clerk. The Department will charge fees, as provided in Section 119.07(1)(a), FS., for certified copies of final orders. The list of final orders not indexed and published is maintained at the Office of the Agency Clerk and is available for public inspection and copying at cost.

Specific Authority 120.533, 213.06(1), 213.071, 409.2557(3), 409.256(17), 409.2563 (16) FS.  Law Implemented 120.53(2)(a) FS.  History-New 11-11-92, Amended                .

 

12-2.023 Final Orders Required to be Indexed.

(1) For purposes of this part, final orders issued pursuant to ss.120.565, 120.569, 120.57(1), (2), and (3), 409.256 and 409.2563, FS., which are required to be indexed pursuant to Rule 1S-6.004, F.A.C., shall be indexed. The following categories of final orders are required to be indexed:

(a) A final order which discusses a substantial legal issue of first impression which is actually resolved in the case;

(b) A final order which establishes a rule of law, principle, or policy for the first time, which the agency will rely upon and apply in similar circumstances;

(c) A final order which alters, modifies, or significantly clarifies a rule of law, principle, or policy previously applied, announced, or relied upon by the agency; and

(d) A final order which resolves an apparent conflict in decisions of the agency or harmonizes decisions of appellate courts.

(2) Final orders rendered by the Division of Administrative Hearings pursuant to ss. 120.535, 120.54(4), and 120.56, FS., will be indexed by the Division of Administrative Hearings.

(3) The following categories of final orders are excluded from indexing, but are listed pursuant to the provisions of Rule 12-2.024, F.A.C.:

(a) Final orders resulting from stipulations, agreed settlements, and consent agreements; and

(b) Final orders in license or permit denial or revocation proceedings, unless the final order is of precedential value as described in paragraphs (1)(a) through (d); and

(c) Final orders issued by the child support enforcement program of the Department, unless the final order is of precedential value as described in paragraphs (1)(a) through (d).

Specific Authority 120.533, 213.06(1) FS., 409.2557(3)(p) FS., 409.256(17) FS., 409.2563(16) FS.  Law Implemented 120.53(2) FS.  History-New 11-11-92, Amended                   .

 

12-2.025 Designation of Official Reporter.

(1) Child support enforcement final orders will be listed and maintained by the child support enforcement Deputy Agency Clerks.

(2) For all other Department final orders, the The Department designates the Florida Administrative Law Reports as its official reporter for purposes of publishing and indexing by subject matter all Department final orders required to be indexed by s. 120.533, FS., and Rule 1S-6.004, F.A.C.

(3) The General Counsel, the General Counsel’s designee, or Agency Clerk shall determine the final orders required to be indexed.

Specific Authority 120.533, 213.06(1) FS. Law Implemented 120.53(4) FS. History-New 11-11-92, Amended                .

 

12-2.026 Numbering of Final Orders.

(1) All final orders shall be sequentially numbered at the time of rendition.

(2) The sequential number shall be a two-part number separated by a dash with the first part indicating the year and the second part indicating the numerical sequence of the order as rendered for that year, beginning with number 1 each new calendar year. The assigned agency designation prefix, DOR, shall precede the two-part number. The agency designated prefixes are:

(a) “DORCSA” for administrative paternity and support orders rendered by the Child Support Enforcement Program.

(b) “DORCSO” for all other final orders rendered by the Child Support Enforcement Program.

(c) “DOR” for all final orders not rendered by the Child Support Enforcement Program.

(3) The applicable order category shall be added as a suffix succeeding the agency designation prefix and two-part number. The order categories are as follows:

(a) DS - Declaratory Statement

(b) FOI - Final Order/Informal Proceedings

(c) FOF - Final Order/Formal Proceedings

(d) AS - Agreed Settlement

(4) For child support enforcement administrative paternity and support orders, the applicable categories shall be added as a sub-suffix succeeding the applicable order categories in subsection (3). The sub-suffix categories are as follows.

(a) Paternity Only: ESTPAT – Establishment of Administrative Paternity Order

(b) Paternity and Support:

1. ESTPAS – Establishment of Administrative Paternity and Support Order

2. MODPAS – Modification of Administrative Paternity and Support Order

3. SUSPPAS – Suspension of Administrative Paternity and Support Order

4. REIPAS – Reinstatement of Administrative Paternity and Support Order

5. TERMPAS – Termination of Administrative Paternity and Support Order

(c) Support Only:

1. ESTS – Establishment of Administrative Support Order

2. MODS – Modification of Administrative Support Order

3. SUSPS – Suspension of Administrative Support Order

4. REIS – Reinstatement of Administrative Support Order

5. TERMS – Termination of Administrative Support Order

Specific Authority 120.533, 213.06(1) FS. Law Implemented 120.53(2), (3), (4), 409.256, 409.2563 FS. History-New 11-11-92, Amended                     .

NAME OF PERSON ORIGINATING PROPOSED RULE: Phil Scruggs, Government Analyst II, Department of Revenue, P.O. Box 8030, Tallahassee, Florida 32314-8030, telephone [phone], e-mail address [e-mail].
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Sharyn Thomas, Revenue Program Administrator II, Department of Revenue, P. O. Box 8030, Tallahassee, Florida 32314-8030.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 25, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 4, 2006, Vol. 32, No. 31, pp. 3579-3581. A workshop was held on August 22, 2006. No one other than Department staff presented written or verbal comments at the workshop. No comments have been submitted on these proposed rules.