The purpose and effect of the proposed repeal of Rule 12E-1.001, F.A.C. (General), is to remove rule provisions that repeat provisions in several statutes and include obsolete terminology. The purpose and effect of the proposed repeal of Rule 12E-1....

 

DEPARTMENT OF REVENUE
Division of Child Support Enforcement

RULE NOS.: RULE TITLES:
12E-1.001General
12E-1.002Services Provided
12E-1.003Conditions of Eligibility
12E-1.004Application for Services, Application Forms and Fee
12E-1.005Collection and Distribution of Payments
12E-1.009Enforcement of Income Deduction in IV-D Cases Where No Income Deduction Order Currently Exists
12E-1.013Release of Information
12E-1.015Reciprocity Requests
12E-1.016Child Support Guidelines
12E-1.017Expedited Process
12E-1.019Judgments by Operation of Law
12E-1.020Genetic Testing
12E-1.024Business or Professional License or Certification Suspension or Application Denial
12E-1.025Procurement of Legal Services
12E-1.026Central Depository Electronic Transmission of Information
PURPOSE AND EFFECT: The purpose and effect of the proposed repeal of Rule 12E-1.001, F.A.C. (General), is to remove rule provisions that repeat provisions in several statutes and include obsolete terminology.
The purpose and effect of the proposed repeal of Rule 12E-1.002, F.A.C. (Services Provided), is to remove rule provisions that repeat statutes, are inconsistent with the Child Support Enforcement Title IV-D State plan, contain obsolete terminology, and are no longer necessary.
The purpose and effect of the proposed repeal of Rule 12E-1.003, F.A.C. (Conditions of Eligibility), is to remove rule provisions that repeat statutes, are contrary to current law in some ways, incorporate obsolete forms, contain obsolete terminology, and are no longer necessary.
The purpose and effect of the proposed repeal of Rule 12E-1.004, F.A.C. (Application for Services, Application Forms and Fee), is to remove rule provisions that deviate from current law, incorporate obsolete forms, contain obsolete terminology, and are no longer needed.
The purpose and effect of the proposed repeal of Rule 12E-1.005, F.A.C. (Collection and Distribution of Payments), is to eliminate an unnecessary rule about the collection and distribution of support payments that contains obsolete information and references obsolete forms.
The purpose and effect of the proposed repeal of Rule 12E-1.009, F.A.C. (Enforcement of Income Deduction in IV-D Cases Where No Income Deduction Order Currently Exists), is to remove a rule that substantially restates section 61.1301, Florida Statutes, includes outdated provisions, and is unnecessary.
The purpose and effect of the proposed repeal of Rule 12E-1.013, F.A.C. (Release of Information), is to remove a rule that substantially repeats section 409.2579, Florida Statutes, and is no longer needed.
The purpose and effect of the proposed amendment of Rule 12E-1.015, F.A.C. (Reciprocity Requests), is to remove a provision that is inconsistent with the Child Support Enforcement Title IV-D State plan and is no longer needed, and correct the cite to rulemaking authority and law implemented in the history notes. The amendment will list the foreign jurisdictions with which Florida has reciprocal agreements for child support enforcement services and will provide a hyperlink members of the public can use to access a copy of reciprocal agreements.
The purpose and effect of the proposed repeal of Rule 12E-1.016, F.A.C. (Child Support Guidelines), is to remove a rule that repeats section 61.30, Florida Statutes, and is no longer necessary.
The purpose and effect of the proposed repeal of Rule 12E-1.017, F.A.C. (Expedited Process), is to remove a rule that repeats statutes, incorporates superseded federal regulations, cites as rulemaking authority a statute that has been repealed, and is no longer needed because expedited process is provided by rule of the Florida Family Law Rules of Procedure (Rule 12.491).
The purpose and effect of the proposed repeal of Rule 12E-1.019, F.A.C. (Judgments by Operation of Law), is to eliminate a rule that repeats section 61.14, Florida Statutes, cites as rulemaking authority a statute that has been repealed, and is no longer necessary.
The purpose and effect of the proposed repeal of Rule 12E-1.020, F.A.C. (Genetic Testing), is to remove rule provisions about genetic testing for paternity establishment that repeat section 742.12, Florida Statutes, contain obsolete information, and are no longer necessary.
The purpose and effect of the proposed repeal of Rule 12E-1.024, F.A.C. (Business or Professional License or Certification Suspension or Application Denial), is to remove obsolete information that has been superseded by statutory changes in section 409.2598, Florida Statutes.
The purpose and effect of the proposed repeal of Rule 12E-1.025, F.A.C. (Procurement of Legal Services), is to remove rule provisions that cite as rulemaking authority a statute that has been repealed, unnecessarily restate federal regulations, and are unnecessary.
The purpose and effect of the proposed repeal of Rule 12E-1.026, F.A.C. (Central Depository Electronic Transmission of Information), is to remove obsolete and unnecessary rule provisions that substantially repeat statute and reference a terminated contract between the Department of Revenue, the Florida Association of Court Clerks, and the county court depositories.
SUMMARY: The Department identified the repeal of Rules 12E-1.001, 12E-1.002, 12E-1.003, 12E-1.004, 12E-1.005, 12E-1.009, 12E-1.013, 12E-1.016, 12E-1.017, 12E-1.019, 12E-1.020, 12E-1.024, 12E-1.025, and 12E-1.026, F.A.C., and amendment of Rule 12E-1.015, F.A.C., during the Department’s comprehensive rule review conducted in 2011 as required by sections 120.74, F.S., and 120.745, F.S.
Rule 12E-1.001 repeats statutes and contains information that is obsolete and no longer needed. Rules 12E-1.002 and 12E-1.003 duplicate provisions in Florida Statutes, contain obsolete and inconsistent information, and are no longer needed. Rule 12E-1.004 contains obsolete and inconsistent information and is not needed. Rule 12E-1.005 contains obsolete information, references obsolete forms, and is no longer needed. Rule 12E-1.009 substantially repeats section 61.1301, Florida Statutes, unnecessarily incorporates a federal statute, and is no longer needed. Rule 12E-1.013 repeats section 409.2579, Florida Statutes, and is no longer necessary. The proposed amendments to Rule 12E-1.015 will correct the history notes, remove subsection (1) because it is no longer needed, list the foreign jurisdictions with which Florida has reciprocal agreements for support enforcement, and provide a hyperlink to allow access to copies of the reciprocal agreements. Rule 12E-1.016 repeats section 61.30, Florida Statutes, and is no longer needed. Rule 12E-1.017 repeats statute, incorporates superseded federal regulations, and is no longer needed because expedited process is provided by rule of the Florida Supreme Court. Rule 12E-1.019 substantially repeats section 61.14, Florida Statutes, a statute implemented by county court depositories, cites as rulemaking authority a statute that has been repealed, and is no longer necessary. Rule 12E-1.020 repeats section 742.12, Florida Statutes, is obsolete, and is no longer needed. Rule 12E-1.024 contains obsolete provisions superseded by changes to section 409.2598, Florida Statutes. Rule 12E-1.025 unnecessarily restates federal regulations and is no longer needed. Rule 12E-1.026 substantially repeats statute and references obsolete information about a terminated contract.
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: 1) no requirement for the Statement of Economic Regulatory Costs (SERC) was triggered under Section 120.541(1), F.S.; and 2) based on past experiences with activities for providing the public information regarding the collection of child support payments and rules of this nature, the adverse impact or regulatory cost, if any, do not exceed nor would exceed any one of the economic analysis criteria in a SERC, as set forth in Section 120.541(2)(a), 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: 61.181(8), 120.535, 409.026, 409.2557, 409.2557(3), 409.2557(3)(i), 409.2567, 409.2574(2)(d) FS., section 1, Chapter 94-124, section 14, Chapter 94-236, LOF.
LAW IMPLEMENTED: 61.08(4)(d), 61.13, 61.1301, 61.13015, 61.14, 61.14(6)(a), 61.14(6)(a)3., 61.16(1), 61.181, 61.181(8), 61.1811, 61.30, 61.30(1)(b), 61.30(14), 61.30(15), 88.0405, 88.111, 88.151, 88.171, 88.235, 88.331, 88.1011(19)(b), 90.502(5), 95.11(3), 119.07, 119.08(3), 231.097, 231.28, 319.23, 319.24, 320.01, 327.02(27), 328.01, 328.15, 409.2554, 409.2557, 409.2561, 409.2564(2), 409.2564(3), 409.2564(4), 409.2567, 409.2569, 409.2572, 409.2574, 409.2577, 409.2579, 409.2598, 455.203, 559.79, 695.25, 742.011, 742.045, 742.10, 742.12 FS., section 127, Chapter 86-220, LOF.
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: January 29, 2013, 1:30 p.m.
PLACE: 2450 Shumard Oak Boulevard, Building One, Room 1220, 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: Tammy Miller 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 IS: Mike Vergenz, Government Analyst II, Child Support Enforcement Program, Department of Revenue, P.O. Box 8030, Tallahassee, Florida 32314-8030, telephone [phone], e-mail address [e-mail].

THE FULL TEXT OF THE PROPOSED RULE IS:

12E-1.001 General.

Rulemaking Specific Authority 61.181(8), 409.026, 409.2567 FS. Law Implemented 61.13, 61.181(8), 88.0405, 88.331, 95.11(3), 409.2554, 409.2557, 409.2561, 409.2567, 409.2569, 409.2577, 742.10 FS. History-New 1-11-76, Formerly 10C-25.01, Amended 2-18-86, 4-6-88, 8-1-89, 6-17-92, 7-20-94, Formerly 10C-25.001, Repealed          .

 

12E-1.002 Services Provided.

Rulemaking Specific Authority 409.026, 409.2557 FS. Law Implemented 61.14, 61.30, 119.08(3), 409.026, 409.2557, 409.2561, 409.2567 FS. History-New 1-11-76, Formerly 10C-25.02, Amended 2-18-86, 6-17-92, 7-20-94, Formerly 10C-25.002, Repealed          .

 

12E-1.003 Conditions of Eligibility.

Rulemaking Specific Authority 409.026, 409.2567 FS. Law Implemented 409.2554, 409.2557, 409.2561, 409.2567, 409.2569, 409.2577, 742.011 FS. History-New 1-11-76, Formerly 10C-25.03, Amended 2-18-86, 4-6-88, 8-1-89, 7-20-94, Formerly 10C-25.003, Repealed            .

 

12E-1.004 Application for Services, Application Forms and Fee.

Rulemaking Specific Authority Section 1, Chapter 94-124, Section 14, Chapter 94-236, L.O.F. Law Implemented 61.08(4)(d), 61.16(1), 61.30(1)(b), (14), (15), 88.111, 88.151, 88.235, 90.502(5), 119.08(3), 319.23, 319.24, 320.01, 327.02(27), 328.01, 328.15, 409.2557, 409.2561, 409.2567, 409.2564(2), (3), (4), 409.2569, 409.2572, 409.2577, 695.25, 742.045, 742.12 FS. History-New 2-18-86, Amended 4-9-87, 4-6-88, 8-1-89, 6-17-92, 7-20-94, Formerly 10C-25.0035, Amended 8-19-96, Repealed            .

 

12E-1.005 Collection and Distribution of Payments.

Rulemaking Specific Authority 409.026, 409.2567 FS. Law Implemented 409.2554, 409.2557, 409.2561, 409.2567, 409.2569 FS. History-New 2-18-86, Amended 4-6-88, 8-1-89, 7-20-94, Formerly 10C-25.0036, Repealed            .

 

12E-1.009 Enforcement of Income Deduction in IV-D Cases Where No Income Deduction Order Currently Exists.

Rulemaking Specific Authority 409.2574 FS. Law Implemented Ch. 48, 61.1301, 409.2557, 409.2574 FS. History-New 10-20-86, Amended 6-17-92, 7-20-94, Formerly 10C-25.007, Repealed            .

 

12E-1.013 Release of Information.

Rulemaking Specific Authority 409.026 FS. Law Implemented 119.07, 409.2579 FS. History-New 6-17-92, Amended 7-20-94, Formerly 10C-25.010, Repealed            .

 

12E-1.015 Reciprocity Requests.

(1) The Florida Department of Revenue, Child Support Enforcement Program Office shall locate noncustodial parents and institute legal proceedings against them to establish paternity and support obligations, enforce support obligations, modify existing orders, collect support, and disburse support payments on behalf of custodial parents and custodians in foreign countries where there is a declaration of reciprocity between Florida and the requesting foreign country. Foreign countries requesting a support action in Florida must provide the following documents:

(a) Certified copies of any pleading, petition, affidavit, testimony, order and modification to be established, enforced or modified; and,

(b) A certificate of the arrearage, if any; and any other information relating to the case file.

(1)(2) Declarations of reciprocity, issued by the Florida Attorney General, and the United States are incorporated by reference as of the effective date of this rule. Declarations of reciprocity, have been established with a number of countries:

(a) Australia

(b) Austria

(c) Bermuda

(d) Canada

1. Province of Alberta

2. Province of British Columbia

3. Province of Manitoba

4. Province of New Brunswick

5. Province of New Foundland/Labrador

6. Province of Northwest Territories

7. Province of Nova Scotia

8. Province of Nunavut

9. Province of Ontario

10. Province of Saskatchewan

11. Province of Yukon Territory

12. Province of Prince Edward Island

13. Province of Quebec

(e) Czech Republic

(f) El Salvador

(g) Finland

(h) Fiji

(i) France

(j) Germany

(k) Hungary

(l) Ireland

(m) Israel

(n) Jamaica

(o) Netherlands

(p) Norway

(q) Poland

(r) Portugal

(s) Slovak Republic

(t) South Africa

(u) Sweden

(v) Switzerland

(w) United Kingdom

1.England

2. Northern Ireland

3. Scotland

4. Wales

A copy of a specific declaration of reciprocity may be obtained from:

Reciprocity Coordinator, Central Registry, Child Support Enforcement Program Office

Department of Revenue

1170 Capital Circle, N. E.

Tallahassee, Florida 32301

Rulemaking Specific Authority 409.2557(3)409.026 FS. Law Implemented 88.1011(19)(b) 88.0405, 88.171 FS. History-New 6-17-92, Amended 7-20-94, Formerly 10C-25.012,

Amended             .

 

12E-1.016 Child Support Guidelines.

Rulemaking Specific Authority 409.026 FS. Law Implemented 61.30 FS. History-New 6-17-92, Amended 7-20-94, Formerly 10C-25.013, Repealed            .

 

12E-1.017 Expedited Process.

Rulemaking Specific Authority 409.026 FS. Law Implemented Chapter 86-220, Section 127, L.O.F. History-New 6-17-92, Amended 7-20-94, Formerly 10C-25.014, Repealed            .

 

12E-1.019 Judgments by Operation of Law.

Rulemaking Specific Authority 409.026 FS. Law Implemented 61.14(6)(a), (6)(a)3. FS. History-New 6-17-92, Amended 7-20-94, Formerly 10C-25.016, Repealed            .

 

12E-1.020 Genetic Testing

Rulemaking Specific Authority 409.026 FS. Law Implemented 409.2554, 409.2567, 742.12 FS. History-New 6-17-92, Amended 7-20-94, Formerly 10C-25.017, Repealed         .

 

12E-1.024 Business or Professional License or Certification Suspension or Application Denial.

Rulemaking Specific Authority 409.026 FS. Law Implemented 61.13015, 231.097, 231.28, 409.2598, 455.203, 559.79 FS. History-New 7-20-94, Formerly 10C-25.021, Repealed            .

 

12E-1.025 Procurement of Legal Services.

Rulemaking Specific Authority 120.535, 409.026 FS., Law Implemented 409.2554, 409.2557 FS., History-New 7-20-94, Formerly 10C-25.022, Repealed            .

 

12E-1.026 Central Depository Electronic Transmission of Information.

Rulemaking Specific Authority 409.026 FS. Law Implemented 61.181, 61.1811, 409.2557 FS. History-New 7-20-94, Formerly 10C-25.023, Repealed            .

NAME OF PERSON ORIGINATING PROPOSED RULE: Mike Vergenz, Government Analyst II, Child Support Enforcement Program, Department of Revenue, P.O. Box 8030, Tallahassee, Florida 32314-8030, telephone [phone], e-mail address [e-mail].
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 11, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: A Notice of Rule Development was published in the Florida Administrative Weekly on July 20, 2012 (Vol. 38, No. 29, pp. 2913-2914) giving notice of the proposed amendment of Rule 12E-1.015, F.A.C., and repeal of Rules 12E-1.001, 1.002, 1.003, 1.004, 1.005, 1.009, 1.013, 1.016, 1.017, 1.019, 1.020, 1.024, 1.025, and 1.026, F.A.C. The notice announced that a rule development workshop would be held on August 8, 2012 if a member of the public requested a workshop in writing. No members of the public requested a workshop. No written comments about the proposed changes were received by the Department.