These rules are being amended to clarify the specific statute that requires service of all court documents; remove unnecessary language; change the Department’s website address; correct errors on Form DFS-A3-1927 and Form DFS-A3-1928; and update the ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Accounting and Auditing

RULE NO.:RULE TITLE:

69I-31.803Garnishee Agency Responsibilities

PURPOSE AND EFFECT: These rules are being amended to clarify the specific statute that requires service of all court documents; remove unnecessary language; change the Department’s website address; correct errors on Form DFS-A3-1927 and Form DFS-A3-1928; and update the history notes.

SUMMARY: Updates and clarification of language in Rule 69I-31.803, F.A.C.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Bureau of State Payrolls conducted an analysis of the proposed rule’s potential economic impact and determined that it did not exceed any of the criteria established in subsection 120.541(1), F.S. and it therefore does not require legislative ratification pursuant to subsection 120.541(3), F.S.

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.

RULEMAKING AUTHORITY: 17.14, 17.29 FS.

LAW IMPLEMENTED: 48.111, 77.0305, 222.11 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Tuesday, December 30, 2014, 9:00 a.m.

PLACE: 116 Larson Building, 200 East Gaines Street, 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 5 days before the workshop/meeting by contacting: John Bennett, [phone] or [e-mail]. 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: John Bennett, Chief, Bureau of State Payrolls, Division of Accounting and Auditing, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0356 or [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69I-31.803 Garnishee Agency Responsibilities.

(1) All Service of all court documents should be served in accordance with Section Chapter 48.111, Florida Statutes. Service of garnishment writs must be on the employing state agency. The Bureau of State Payrolls will not respond on behalf of an agency served.

(2) Upon receipt of service of a garnishment applicable to a judgment, the agency served shall, within two (2) working days of service, determine if the judgment debtor is currently employed and or if any wage amounts are due and owing to the judgment debtor by the agency. If the judgment debtor is currently employed, and or if amounts are due and owing, the employing agency shall, on the same day of that determination transmit a facsimile copy of the garnishment to the Bureau at [phone], utilizing the Bureau of State Payrolls Garnishment Fax Form, Form DFS-A3-1928 (revised 07/14 07/11), is hereby incorporated by reference and is available from the Bureau at website http://www.myfloridacfo.com/Division/AA/Manuals/BOSP_MANUAL2.pdf http://www.myfloridacfo.com/aadir/bosp/default.htm or by calling [phone].

(3) No change.

(4) At the same time the response to the garnishment is prepared, the employing agency shall mail a partially completed Debt Garnishment Information Form, Judgment Debtor Information Form DFS-A3-1927, to the judgment creditor (or judgment creditor’s attorney) instructing the judgment creditor to return the completed original form to the employing agency. Form DFS-A3-1927 (revised 07/14 07/11), is hereby incorporated by reference and is available from the Bureau at website http://www.myfloridacfo.com/Division/AA/Manuals/BOSP_MANUAL2.pdf http://www.myfloridacfo.com/aadir/bosp/default.htm or by calling [phone]. The employing agency shall forward the completed original form to the Bureau.

(5) through (9) No change.

Rulemaking Authority 17.14, 17.29 FS. Law Implemented 48.111, 77.0305, 222.11, 222.12 FS. History–New 2-19-95, Amended 1-25-96, 2-4-98, 5-7-98, Formerly 3A-31.803, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: John Bennett, Chief, Bureau of State Payrolls, Division of Accounting and Auditing, Department of Financial Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer, Department of Financial Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 18, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 26, 2014