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 incorporate, by reference, changes to the Notice of Noncooperation ....

 

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-1.012Consumer Reporting Agencies

12E-1.023Suspension of Driver License; Suspension of Motor Vehicle Registration

12E-1.028Garnishment by Levy

12E-1.030Administrative Establishment of Child Support Obligations

12E-1.036Administrative Establishment of Paternity and Support Obligations

12E-1.039Request for Services

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 incorporate, by reference, changes to the Notice of Noncooperation (Form CS-CF07), to add the notice may also be issued to recipients of assistance from the State of Florida that have not completed and returned documents required by the Department.

The purpose of the proposed amendments to Rule 12E-1.012, F.A.C. (Consumer Reporting Agencies), is to provide that the Notice of Intent to Request Credit Report (Form CS-EF15) is no longer required to be sent by certified or registered mail, as provided in s. 61.1354(3), F.S., as amended by section 2, Chapter 2021-103, L.O.F. When in effect, the amendment provides the notice will be sent by regular mail. The proposed amendments are also needed to incorporate, by reference, changes to the Notice of Decision Concerning Report to Consumer Reporting Agencies (Form CS-EF62) to provide the recipient may contact the Department by email for assistance and to eliminate the need for customers to come into an office to receive services in child support proceedings.

The purpose of the proposed amendments to Rule 12E-1.023, F.A.C. (Suspension of Driver License; Suspension of Motor Vehicle Registration), is to incorporate, by reference, changes to the Notice of Intent to Suspend Driver License and Motor Vehicle Registration(s) (Form CS-EF55) to eliminate the need to come into an office to receive assistance and to provide the recipient may contact the Department by email for assistance.

The purpose of the proposed amendments to Rule 12E-1.028, F.A.C. (Garnishment by Levy), is to incorporate the provisions of s. 409.25656(4), F.S., as amended by section 2, Chapter 2021-103, L.O.F., which authorizes the use of electronic notices of levy to consenting financial institutions. The proposed amendments will allow financial institutions to elect to participate in the Federally Assisted State Transmitted (FAST) Levy service, sponsored by the federal Office of Child Support Enforcement, to receive secure electronic notices to levy issued by the Department. The proposed amendments are also needed to incorporate, by reference, updates to the forms the used in FAST Levy data exchange with participating financial institutions.

Sections 5 and 6, Chapter 2021-103, L.O.F., amending ss. 409.256(1)(i) and 409.2563(1)(e), F.S., removed the filing of a final order with the Department of Revenue’s clerk or deputy clerk to render a final order.

The purpose of the proposed amendments to Rule 12E-1.030, F.A.C. (Administrative Establishment of Child Support Obligations) and to Rule 12E-1.036, F.A.C. (Administrative Establishment of Paternity and Support Obligations) is to incorporate, by reference, updates to the process for rendering final orders. When in effect, the final orders incorporated by reference in these rules will reflect the updated process for rendering final orders.

The purpose of the proposed amendments to Rule 12E-1.036, F.A.C. (Administrative Establishment of Paternity and Support Obligations), is also to incorporate, by reference, changes to paternity and support final orders to allow those required to submit samples for genetic testing to schedule an appointment online, and to incorporate, by reference, changes to the Family Law Financial Affidavit forms required to establish support obligations that simplify the form instructions.

The purpose of the proposed amendments to Rule 12E-1.039, F.A.C. (Request for Services), is to incorporate, by reference, changes to forms used in the application for services process that eliminate the request for information available to the Department on other forms or by other means, and to remove an obsolete form, Additional Information (CS-ES56ACI).

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

RULEMAKING AUTHORITY: 61.13(1)(b)7., 61.1354(5), 61.14(1)(d), 409.2557, 409.2557(3)(h), 409.2557(3)(i), 409.2557(3)(p), 409.2563(7)(e), 409.2563(16), 409.25633(9), 409.25656(11) FS.

LAW IMPLEMENTED: 61.13016, 61.1354, 322.058, 409.256, 409.2563, 409.25633, 409.25656, 409.2567, 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: August 12, 2021, 1:00 p.m.

PLACE: 2450 Shumard Oak Boulevard, Building 2, 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, Child Support Program, Department of Revenue, 2450 Shumard Oak Blvd., Suite 2-4466, Tallahassee, Florida 32399-0184, telephone: [phone], email: [e-mail].

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS: Published on the Department’s website at www.floridarevenue.com/rule