Consumer Reporting Agencies

DEPARTMENT OF REVENUE
Division of Child Support Enforcement

RULE NO: RULE TITLE
12E-1.012: Consumer Reporting Agencies

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. 32 No. 25, June 23, 2006 issue of the Florida Administrative Weekly.

These changes are in response to comments received from the Joint Administrative Procedures Committee.

Paragraph (a) of subsection (4) of Rule 12E-1.012, F.A.C., has been changed, so that, when adopted, the paragraph will read as follows:

(a) The department shall give notice to the obligor by regular mail at his or her last known address with Department of Revenue Form CS-EF32, ‘Notice of Intent to Report to Consumer Reporting Agencies’, incorporated herein by reference with a revision date of July 2006 February 2000. Members of the public may obtain a copy of this form by a written request to: Department of Revenue, Child Support Enforcement Program, attn.: Forms Coordinator, P. O. Box 8030, Tallahassee, Florida 32314-8030. The notice will inform the obligor that the department will report the amount of overdue support owed by the obligor to consumer reporting agencies, that the department subsequently will report an update of the overdue support amount each month, that reporting the information may affect the obligor’s ability to obtain credit, and that the obligor can avoid the initial report by paying the full amount owed within 15 days. The notice will also inform the obligor of the department’s duty to release the information, that the obligor may request the department to enter into a written agreement that establishes a payment plan in lieu of reporting the overdue support, and that the obligor has the right to contest the information proposed to be released if the overdue support amount is incorrect or if he or she is not the individual obligated to pay support by requesting an informal review. Form CS-EF32 shall provide notice to the obligor of the intent of the department to release the following information to one or more consumer reporting agencies: the obligor’s name, social security number, and the amount of overdue support owed by the obligor.

Subparagraph 3. of paragraph (4)(b) of Rule 12E-1.012, F.A.C., has been changed so that, when adopted, the subparagraph will read:

3. The department shall conclude its review by hand delivering or sending to the obligor by regular mail the Department of Revenue Form CS-EF62, ‘Notice of Decision Concerning Report to Consumer Reporting Agencies’, incorporated herein by reference with a revision date of July 2005. Members of the public may obtain a copy of this form by a written request to: Department of Revenue, Child Support Enforcement Program, attn.: Forms Coordinator, P. O. Box 8030, Tallahassee, Florida 32314-8030. The notice shall inform the obligor whether the department intends to report the obligor’s overdue support amount to the consumer reporting agencies. The notice must inform the obligor of the right under Chapter 120, Florida Statutes, to file a petition for administrative hearing to contest the accuracy of the information to be reported.

Paragraph (b) of subsection (6) of Rule 12E-1.012, F.A.C., has been changed so that, when adopted, the subparagraph will read:

(b) The department shall provide notice to an individual whose consumer report is sought by sending Department of Revenue Form CS-EF15 CS-EF10, ‘Notice of Consumer Report Inquiry’, by certified mail to the individual’s last known address at least 15 days prior to transmitting the request to the consumer reporting agency. Form CS-EF15 CS-EF10 is incorporated herein by reference with a revision date of September 2005 January 1999. Members of the public may obtain a copy of this form by a written request to: Department of Revenue, Child Support Enforcement Program, attn.: Forms Coordinator, P. O. Box 8030, Tallahassee, Florida 32314-8030.