The purpose of the proposed amendments to Rule 12E-1.014, F.A.C., is to reflect the change in 42 USC Section 664(c) which now allows the certification of past-due amounts for Internal Revenue Service Tax Refund Offset in non-public assistance cases ...

DEPARTMENT OF REVENUE
Division of Child Support Enforcement

RULE NO: RULE TITLE
12E-1.0052: Unidentifiable Collections
12E-1.014: Internal Revenue Service Tax Refund Offset Program; Passport Denial; Administrative Offset Program; Internal Revenue Service Full Collection Services
PURPOSE AND EFFECT: The purpose of the proposed amendments to Rule 12E-1.014, F.A.C., is to reflect the change in 42 USC Section 664(c) which now allows the certification of past-due amounts for Internal Revenue Service Tax Refund Offset in non-public assistance cases where the child has emancipated. The amendment also changes the certification threshold for passport denial from $5000 to amounts over $2500 as allowed by Section 409.2564(10), F.S., as amended July 1, 2007. Other amendments provide new exception criteria for restoring passport privileges to an obligor who owes more than $2500. The effect of the proposed rule is to inform the public the Department will certify past-due amounts for non-public assistance cases for a child for Internal Revenue Service Tax Refund Offset, even if the child has emancipated. The rule also informs the public that the certification threshold for past-due support for passport denial has changed from $5000, to past-due support of more the $2500. Finally, the rule informs the public the Department may consider exceptions to restoring an obligor’s passport even if the obligor was not certified in error and has not paid the past-due support balance amount below $2500. The purpose of creating proposed Rule 12E-1.0052, F.A.C., is to provide guidance to the public about the Department’s procedures for resolving unidentifiable Title IV-D support payments received by the State Disbursement Unit. The proposed rule also provides information to the public about how to reclaim unidentifiable collections. The effect of the proposed rule is to provide: (1) information on identifying support payments that could not be processed because there was not enough information to identify who the payment was for; (2) information on how a noncustodial parent may seek the return of a payment which was never processed; and (3) guidance on how the Department will process payment return requests.
SUBJECT AREA TO BE ADDRESSED: Rule 12E-1.014, F.A.C.: The subject of this workshop is: (1) the certification threshold amount for passport denial; (2) the certification of past-due support amounts for Internal Revenue Service Tax Refund Offset; and (3) the exception criteria for restoring passport privileges. Rule 12E-1.0052, F.A.C.: The subject of this workshop is: (1) to develop procedures for determining a collection to be unidentifiable; and (2) to provide a method of retrieving unidentifiable collections when the collection becomes identified.
SPECIFIC AUTHORITY: 409.2557(3)(i), 409.2557 (3)(j), 409.2558(4), 409.2558(9) FS.
LAW IMPLEMENTED: 61.17, 409.2558(3), 409.2558(4), 409.2564 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: May 11, 2009, 1:00 p.m.
PLACE: Room 301, 4070 Esplanade Way, 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]. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: For information concerning the proposed changes to Rule 12E-1.014, F.A.C., contact Steve Robinson, Government Analyst II, Child Support Enforcement Program, Department of Revenue, P. O. Box 8030, Tallahassee, Florida 32314-8030; telephone [phone]; e-mail [e-mail]., and for information concerning proposed new Rule 12E-1.0052, F.A.C., contact Phil Scruggs, Government Analyst II, Child Support Enforcement Program, Department of Revenue, P. O. Box 8030, Tallahassee, Florida 32314-8030; telephone [phone]; e-mail [e-mail]. The draft rules are published on the department’s Internet site at myflorida.com/dor/rules

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.