The purpose of the proposed amendments to Rule 12E-1.008 F.A.C. (Determination of Cooperation; Determination of Noncooperation; Determination of Good Cause), is to update the Department’s requirement to provide recipients with documentation to ...

 

DEPARTMENT OF REVENUE

Division of Child Support Enforcement

RULE NOS.:RULE TITLES:

12E-1.008Determination of Cooperation; Determination of Noncooperation; Determination of Good Cause

12E-1.011Lottery Intercept

12E-1.014Internal Revenue Service Tax Refund Offset Program; Passport Denial; Internal Revenue Service Full Collection Services

12E-1.030Administrative Establishment of Child Support Obligations

12E-1.036Administrative Establishment of Paternity and Support Obligations

PURPOSE AND EFFECT: The purpose of the proposed amendments to Rule 12E-1.008 F.A.C. (Determination of Cooperation; Determination of Noncooperation; Determination of Good Cause), is to update the Department’s requirement to provide recipients with documentation to request an informal review, and to incorporate by reference forms CS-CF07, CS-CF08, CS-CF11 and CS-CF38

The effect of the amendment is to provide the forms the Department intends to use to provide recipients with documentation to request an informal review.

The purpose of the proposed amendments to Rule 12E-1.011 F.A.C. (Lottery Intercept), is to incorporate by reference the Notice of Intent to Deduct Lottery Winnings (CS-EF160) used to notify an obligor that prize money is being deducted and applied to past-due support.

The effect of the amendment is to provide the form the Department intends to use to notify an obligor that prize money is being deducted and applied to past-due support.

The purpose of the proposed amendments to Rule 12E-1.014 F.A.C. (Internal Revenue Service Tax Refund Offset Program; Passport Denial; Internal Revenue Service Full Collection Services), is to update the criteria for certifying a parent who owes support for the Federal Offset and Passport Denial Programs; add information about offsetting federal payments other than income tax refunds; add a provision excluding retroactive support from offset in certain circumstances; add provisions for referring a potentially erroneous tax refund offset for review by the Internal Revenue Service; update the conditions for decertification from Passport Denial; add criteria for referring cases to the U.S. Department of the Treasury for full collection services; incorporate by reference form CS-EF36A, and update the name of the rule to more accurately reflect its contents.

The effect of the amendment is to provide the forms the Department intends to use in Federal Offset, Passport Denial, and Secretary of the Treasury Full Collection Services proceedings.

The purpose of the proposed amendments to Rule 12E-1.030, F.A.C. (Administrative Establishment of Child Support Obligations), is to incorporate by reference changes to forms CS-ES96, CS-OA120R and CS-OA140R the Department uses in administrative proceedings.

The effect of the amendments is to correct terminology in forms the Department uses in administrative proceedings.

The purpose of the proposed amendments to Rule 12E-1.036, F.A.C. (Administrative Establishment of Paternity and Support Obligations), is to incorporate by reference changes to forms CS-OA20, CS-OX20, CS-OP50, CS-OA40, and CS-OX40, the Department uses in administrative proceedings.

The effect of the amendments is to correct terminology in forms the Department uses in administrative proceedings.

SUBJECT AREA TO BE ADDRESSED: Updates to child support rules and forms.

RULEMAKING AUTHORITY: 61.13(1)(b)7., 61.14(1)(d), 409.2557(3), 409.256(17), 409.2563(7)(e), 409.2563(16), 409.25633(9), 409.2564(13), FS.

LAW IMPLEMENTED: 24.115(4), 61.17, 409.256, 409.2563, 409.25633, 409.2564, 409.2572, FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: May 16, 2018, 1:00 p.m.

PLACE: Shumard Oak Boulevard, Building Two, Room 1220, Tallahassee, Florida

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Bobby York, Government Analyst II, Child Support Program, Department of Revenue, 2450 Shumard Oak Blvd., Suite 2-4454, Tallahassee, Florida 32399-0184, telephone: [phone], email: [e-mail].

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS: Published on the Department’s Internet site at floridarevenue.com/dor/rules.

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