Financial Institution Data Matches, Administrative Establishment of Child Support Obligations, Administrative Establishment of Paternity and Support Obligations, Intergovernmental Forms, Review for Modification ....
Division of Child Support Enforcement
RULE NOS.:RULE TITLES:
12E-1.029Financial Institution Data Matches
12E-1.030Administrative Establishment of Child Support Obligations
12E-1.036Administrative Establishment of Paternity and Support Obligations
12E-1.040Intergovernmental Forms
12E-1.041Review for Modification of Support Order
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. 49 No. 104, May 30, 2023 issue of the Florida Administrative Register.
The following changes are made in response to written comments received from the staff of the Joint Administrative Procedures Committee.
12E-1.029 Financial Institution Data Matches
(1) Procedures for Entering into Agreements With Financial Institutions.
(a) The Department sends an Agreement for Financial Institution Data Matching (Form CS-EF134) (http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx), incorporated herein by reference, effective xx/xx, for the operation of the data match system described in Section 409.25657(2), F.S., to each financial institution doing business in Florida meeting the definition of a financial institution in Section 409.25657(1)(a), F.S., that has not elected to participate in the Federal Office of Child Support Services Enforcement’s national data match process specified in paragraph (c).
(b) The financial institution’s electronic files containing data match records must be prepared according to the specifications prescribed by the Federal Office of Child Support Services Enforcement’s Multistate Financial Institution Data Match Specifications Handbook, Version 3.0, December 30, 2020, (http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx), incorporated herein by reference, effective xx/xx. Members of the public may obtain copies of the Multistate Financial Institution Data Match Specifications Handbook, without cost, by writing to the Florida Department of Revenue, Mail Stop 2-4464, 5050 West Tennessee Street, Tallahassee, Florida 32399.
(c) No change.
(2) through (3) No change.
The Department revises the incorporated material, form CS-EF134, as follows:
P.2, II. A.: Maintain confidentiality of information exchanged in accordance with state and federal laws, rules, and regulations, including but not limited to, as required by section 409.2479(1), Florida Statutes, and 45 C.F.R. § 303.21, 42 U.S.C. § 654(26) and 42 U.S.C. § 654a(d)(1)(a). 45 C.F.R. § 303.21 (10-1-11) hereby incorporated by reference, effective xx/xx (http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx). Members of the public may obtain copies of 45 C.F.R. § 303.21 by writing to the Florida Department of Revenue, Mail Stop 2-4464, 5050 West Tennessee Street, Tallahassee, Florida 32399.
P.2, II. C.: Take all action required by state and federal law in the event of a data breach including compliance with section 501.171, Florida Statutes, 45 C.F.R. § 164.402 and 45 C.F.R. § 164.408, as applicable. A Party that becomes aware of a suspected or known data breach will notify the other Party within 24 hours of the discovery of the breach or unauthorized disclosure of confidential information.
P.2. II. D.: Establish managerial, operational, and technical safeguards to maintain confidentiality and prevent unauthorized access, use or disclosure of the confidential information as required by provided in accordance with state and federal laws, rules, and regulations, including but not limited to 45 C.F.R. § 307.13.
12E-1.030 Administrative Establishment of Child Support Obligations.
(1) through (18) No change.
The Department revises the incorporated material, form CS-OA120R, as follows:
OPTION 14.1 (User selects additional findings related to income used for support guidelines for the parent who owes support) Select only when parent who owes support’s income is imputed. Choose either A1, A2, or A3.
A. through C. No change.
OPTION 14.2 (User selects additional findings related to income used for support guidelines for the parent due support) Select only when parent due support/other parent (13.2) income is imputed. Choose either B1 or B2
A. through C. No change.
The Department revises the incorporated material, form CS-OA179, as follows:
5.a. I agree to waive all past-due support owed to me I do not want and agree to waive and forgive all past-due support owed to me. Yes ☐ No ☐
5b. I agree to waive past-due support owed to me in the amount of $__________________.
12E-1.036 Administrative Establishment of Paternity and Support Obligations.
(1) through (21) No change.
The Department revises the incorporated material, form CS-PO30, as follows:
Option 45
[Insert when a blank Title IV-D Standard Parenting Time Plan is enclosed with Proposed Order.]
If provided with a written parenting time plan agreed to and signed by both parents, we will make it part of the Final Order. A blank Title IV-D Standard Parenting Time Plan is included with this notice. If you and the other parent both agree to, sign, and return either the Title IV-D Standard Parenting Time Plan or your own parenting time plan before a Final Order is entered, we will make it part of the Final Order. A parenting time plan that is made part of the Final Order may only be modified or enforced by a court. The Department is not authorized to modify or enforce a parenting time plan.
The Department revises the incorporated material, form CS-OA20, as follows:
Option 14.1 User selects additional findings related to income used for support guidelines for the NCP. Select only when NCP’s income is imputed. Choose either A1, A2, or A3.
A. through C. No change.
Option 14.2 User selects additional findings related to income used for support guidelines for the CP. Select only when CP/OP (13.2) income is imputed. Choose either B1 or B2
A. through C. No change.
The Department revises the incorporated material, form CS-OX20, as follows:
Option 14.1 User selects additional findings related to income used for support guidelines for the NCP. Select only when NCP’s income is imputed. Choose either A1, A2, or A3.
A. through C. No change.
Option 14.2 User selects additional findings related to income used for support guidelines for the CP. Select only when CP/OP (13.2) income is imputed. Choose either B1 or B2
12E-1.040 Intergovernmental Forms.
(1) through (3) No change.
The Department revises the incorporated material, form CS-IS26i, as follows:
To complete the Declaration in Support of Establishing Paternity form, follow these instructions. The sections below correspond to what you as the, petitioner, must complete.
Section I – Declaration
q Complete item 4 questions to identify if there is a presumed parent under. A presumed parent can be the other biological parent or a parent with a legal tie to the child under state law.
The Department revises the incorporated material, form CS-IS72, as follows:
Option 1: Complete and return the attached forms within the next 30 days
· Read the form and complete all sections.
· Use the addressed envelope provided to return Mail the completed form and any requested information to Florida Department of Revenue, 5050 W Tennessee St., Tallahassee, FL 32399-0100.
The Department revises the incorporated material, form CS-IS73, as follows:
*Use the self-addressed envelope provided to return the forms.
The Department revises the incorporated material, form CS-IS74, as follows:
*Use the self-addressed envelope provided to return the forms.
The Department revises the incorporated material, form CS-IS75, as follows:
Option 1: Complete and return the attached forms within the next 30 days
· Read the form and complete all sections.
· Use the addressed envelope provided to return Mail the completed form and any requested information to Florida Department of Revenue, 5050 W Tennessee St., Tallahassee, FL 32399-0100.
12E-1.041 Review for Modification of Support Order.
(1) Initiating a review.
(a) through (b) No change.
(c) The Department begins a review by mailing the applicable forms to both parents when the review is initiated under (1)(a) or to the parent who requests a review under (1)(b).
1. No change.
2. If the support order under review is not an administrative support order issued by the Department, the forms consist of the Declaration of Change in Circumstances (CS-POBB) and the Family Law Financial Affidavit (Short Form) (CS-PO31). Form CS-PO31 is incorporated by reference in Rule 12E-1.036, F.A.C.
3. No change.
(d) through (g) No change.
(2) through (3) No change.
