Division of Child Support Enforcement
RULE NO.:RULE TITLE:
12E-1.028Garnishment by Levy
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 45 No. 237, December 9, 2019 issue of the Florida Administrative Register.
12E-1.028 Garnishment by Levy.
(1) through (3) No change.
(4) Notice to Freeze.
(a) After considering the factors and conditions in subsection (3), the Department sends a Notice to Freeze (CS-EF121) to the custodian of the obligor’s personal property by certified mail, return receipt requested. The Notice to Freeze (CS-EF121) is incorporated herein by reference, effective xx/xx, (http://www.flrules.org/Gateway/reference.asp?No=Ref-_____). If the account is a Thrift Savings Plan, the Department sends the custodian a Thrift Savings Plan Income Withholding Order For State Agencies (TSP-CS-1) and Thrift Savings Plan Cover Sheet (CS-EF287). The Thrift Savings Plan Income Withholding Order For State Agencies (TSP-CS-1), 06/2016 is incorporated herein by reference, effective xx/xx, (http://www.flrules.org/Gateway/reference.asp?No=Ref-_____). The Thrift Savings Plan Cover Sheet (CS-EF287) is incorporated herein by reference, effective xx/xx, (http://www.flrules.org/Gateway/reference.asp?No=Ref-_____).
(b) through (d) No change.
(5) through (6) No change.
(7) Right to Hearing.
(a) through (c) No change.
(d) The Department may not proceed in timely, contested levy actions involving amounts less than $50.00. The Department sends a Release of Freeze/Levy (CS-EF129) by regular mail to notify the obligor the Department is withdrawing the levy action and releasing the freeze. The Department issues a release to the financial institution or a refund to the obligor parent. The Release of Freeze/Levy (CS-EF129) is incorporated herein by reference, effective xx/xx, (http://www.flrules.org/Gateway/reference.asp?No=Ref-_____).
(8) Release of Freeze.
(a) In the following circumstances, the Department releases a Notice to Freeze freeze, in full or in part, as appropriate:
1. through 2. No change.
3. All or part of the personal property constitutes current earnings exempt from levy in accordance with subsection (11)(12) of this rule;
4. through 7. No change.
(b) through (c) No change.
(9) No change.
(10) Notice of Levy.
(a) Unless the obligor and each joint owner, if any, consents to a levy as provided in subsection (9), the Department may send a Notice of Levy (CS-EF123) to the custodian after the latest of the following time periods:
1. No change.
2. Thirty days after the earlier of the date the Department mails or hand delivers the Notice of Intent to Levy to the obligor in accordance with subsection (6)(7); or
3. No change.
(b) No change.
(c)(b) The Department sends the custodian a Notice of Levy (CS-EF123) by certified mail, return receipt requested. The Notice of Levy (CS-EF123) is incorporated herein by reference, effective xx/xx, (http://www.flrules.org/Gateway/reference.asp?No=Ref-_____).
(d)(c) The custodian is required to transfer the obligor’s personal property to the Department, or pay the Department the amount owed by to the obligor, up to the amount of past-due or overdue support stated in the notice, and provide with transmittal tranmittal of any personal property or payment, the obligor’s name, social security number and the control number referenced in the Notice of Levy.
(e)(d) If the custodian does not pay the Department the amount due within 20 days after receipt of the Notice of Levy (CS-EF123), or within 60 days after receipt of the Thrift Savings Plan Income Withholding Order For State Agencies (TSP-CS-1), the Department mails the custodian a Request for Compliance with Notice of Levy (CS-EF146). The Request for Compliance with Notice of Levy (CS-EF146) is incorporated herein by reference, effective xx/xx, (http://www.flrules.org/Gateway/reference.asp?No=Ref-_____).
(11) Limits on Levying Against Current Earnings.
(a) If the Department determines the freeze on an obligor’s account in a financial institution includes the obligor’s current earnings as defined in paragraph (2)(b)(c), the Department may not levy from the current earnings an amount that is greater than the limits on garnishment for child support provided by the Consumer Credit Protection Act (CCPA), 15 U.S.C. 1673(b).
(b) No change.
(c) An obligor who claims the Department has frozen exempt earnings must provide the Department with the following proof concerning the current earnings and the account:
1. through 6. No change.
7. The dates and amounts of all debits and withdrawals from the account, from the first date of deposit of current earnings until the date of the freeze.
(d) Upon receipt of the proof required by paragraph (11)(c)(d), the Department shall determine if the amount that has been frozen includes exempt earnings. Upon determining that exempt earnings have been frozen, the Department shall notify the financial institution to release the exempt portion of current earnings from the Notice to Freeze.
(12) through (13) No change.
Rulemaking Authority 409.2557(3)(i), 409.25656(11) FS. Law Implemented 409.25656 FS. History–New 4-3-02, Amended_______.
