Suspension of Driver License; Suspension of Motor Vehicle Registration, Administrative Establishment of Child Support Obligations, Administrative Establishment of Paternity and Support Obligations, Notification to Withhold Support from Reemployment ...

 

DEPARTMENT OF REVENUE

Division of Child Support Enforcement

RULE NOS.:RULE TITLES:

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

12E-1.030Administrative Establishment of Child Support Obligations

12E-1.036Administrative Establishment of Paternity and Support Obligations

12E-1.037Notification to Withhold Support from Reemployment Assistance

12E-1.040Intergovernmental Forms

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. 43 No. 60, March 28, 2017 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-1.023 Suspension of Driver License; Suspension of Motor Vehicle Registration.

(1) through (3) No change.

(4) Termination of Driver License Suspension Process; Termination of Motor Vehicle Registration Suspension Process. After the Department has provided notice to the obligor of its intent to suspend the obligor’s driver license and motor vehicle registration(s), but before the Department has notified the Department of Highway Safety and Motor Vehicles to suspend, the Department shall terminate a pending suspension action if the obligor satisfies any of the conditions in subsection 61.13016(3), Florida Statutes. The Department shall also terminate a_pending suspension action as follows:

(a) through (b) No change.

(5) No change.

(6) The Department shall notify the Department of Highway Safety and Motor Vehicles to suspend the obligor’s driver license and motor vehicle registration(s) by electronic interface, fax or other means such as hand-delivery or U.S. mail.

(6)(7) Reinstatement of the Driver License; Reinstatement of Motor Vehicle Registration. The Department shall notify the Department of Highway Safety and Motor Vehicles to reinstate an obligor’s driver license and motor vehicle registration(s) in a case as follows:

(a) If the suspension action in a case is initiated due to non-payment of support, the Department shall notify the Department of Highway Safety and Motor Vehicles to reinstate the obligor’s driver license and motor vehicle registration(s) when:

1. The Department closes the case;

2. An income deduction payment is received;

3. The obligor pays the delinquency in full;

4. The obligor enters into a written agreement with the Department;

5. The obligor demonstrates that he or she receives reemployment assistance;

6. The obligor demonstrates that he or she is disabled and incapable of self-support;

7. The obligor receives Supplemental Security Income benefits;

8. The obligor receives benefits under the federal Social Security Disability Insurance program;

9. The obligor receives temporary cash assistance;

10. The obligor is making payments in accordance with a confirmed bankruptcy plan under Chapter 11, 12, or 13 of the U.S. Bankruptcy Code;

11. A court orders the reinstatement of the license and motor vehicle registration; or

12. The Department requests the suspension in error.

(b) If the suspension action in a case was initiated due to a failure to comply with a subpoena, order to appear, order to show cause, order to appear for genetic testing, or similar order, the Department shall notify the Department of Highway Safety and Motor Vehicles to reinstate the obligor’s driver license and motor vehicle registration(s) when:

1. The obligor complies with the subpoena or order;

2. A court orders the reinstatement of the license and motor vehicle registration;

3. The Department requests the suspension in error; or

4. The Department closes the case.

(7)(8) Procedure for Reinstatement. When the Department notifies the Department of Highway Safety and Motor Vehicles to reinstate the driver license and motor vehicle registration, the Department shall also notify the obligor that the Department is no longer pursuing suspension action, and the obligor’s driver license and motor vehicle registration(s) is eligible for reinstatement upon the obligor paying applicable fees owed to the Department of Highway Safety and Motor Vehicles. The Department uses Form CS-EF57, Driver License/Vehicle Registration Reinstatement Notice, to notify obligors their driver license and motor vehicle registration are eligible for reinstatement. Form CS-EF57, Driver License/Vehicle Registration Reinstatement Notice, (Effective XX/XX)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-    ), is hereby incorporated by reference in this rule.  

 

12E-1.030 Administrative Establishment of Child Support Obligations.

(1) through (2)(a) No change.

(b) “Administrative Support Order”, as defined by section 409.2563(1)(a) F.S., is also referred to as “Final Administrative Support Order”, or “Final Order” and may include payment of noncovered medical expenses.

(c) through (h) No change.

(3) through (5)

(6) Proceeding in Circuit Court as an Alternative to the Administrative Process.

(a) No change.

(b) Respondent Asks the Department to Proceed in Circuit Court. The respondent may ask the Department to stop the administrative proceeding and proceed in circuit court. The respondent must make this request in writing and the request must be received by the Department within 20 days after being served the Initial Notice. The request from the respondent must state that the respondent requests the Department proceed with the determination of the support obligation in circuit court or that the respondent states his or her intentions to address custody matters or parental rights issues in circuit court.

(c) No change.

(7) Proposed Administrative Support Order.

(a) After the Department serves the respondent with the Initial Notice in accordance with paragraph (4)(b), not no sooner than 20 days after service, the Department shall calculate the respondent’s support obligation using the child support guidelines in section 61.30, F.S. If the respondent does not provide financial information within the time required by section 409.2563(13)(a) and (b), F.S., the Department shall impute income as provided by section 61.30(2)(b), F.S. or section 409.2563(5), as applicable.

(b) through (e) No change.

(8) No change.

(9) Request for Administrative Hearing.

(a) through (e) No change.

(f) The respondent may withdraw the request for an administrative hearing up to five days before the scheduled date, or at the administrative law judge’s discretion. The respondent may withdraw the request by providing a written request directly to the Division of Administrative Hearings.

(g) To reschedule a hearing, the party requesting to reschedule shall file a motion for continuance with the Division of Administrative Hearings in accordance with Rules 28-106.204 and 28-106.210, F.A.C.

(f)(h) If the Department determines that an administrative hearing is appropriate, it may refer the proceeding to the Division of Administrative Hearings without issuing a Proposed Administrative Support Order. The Department may ask for an administrative hearing and the Division of Administrative Hearings shall conduct an administrative hearing to determine the support obligation when:

1. The Department is not able to determine the income of the respondent; or

2. The amount of income claimed by one party is disputed by the other party.

(10) through (13)

(14) Termination of an Administrative Support Order

(a) through (d) No change.

(e) When the Department begins a proceeding to terminate an Administrative Support Order, the Department shall notify the parents or caregiver by regular mail at the address of record for each party using Form CS-OA 160, Notice of Intent to Terminate Final Administrative Support Order, hereby incorporated by reference effective xx/xx (http://www.flrules.org/Gateway/reference.asp?No=Ref-           ). If the notice is not contested 35 days after the notice is sent by regular mail, the Department shall render Form CS-OA178, Final Administrative Order Terminating Support Order, hereby incorporated by reference effective xx/xx (http://www.flrules.org/Gateway/reference.asp?No=Ref-               ).

(15) Dismissing the Administrative Support Proceeding. At any time before the entry of a Final Administrative Support Order, the Department may end the administrative proceeding and either close the case or proceed judicially. Instances when the Department will not proceed administratively include: a previous judicial support order for the children is provided by a party; the parties currently reside together as an intact family; or all the children reside with the respondent alleged father. When the Department decides to end the administrative proceeding, it will send the Dismissal of Administrative Proceeding form, CS-OA88, to the parties.

Rulemaking Authority 61.13(1)(b)76., 61.14(1)(dc), 409.2557(3)(p), 409.2563(7)(e), 409.2563(16) F.S. Law Implemented 409.2563, History –  New_______.

 

The Department revises the incorporated material, form CS-OA120R, as follows:

Form number, citation to the rule and effective date moved from the last page to top right corner of page 1.

The Department revises the incorporated material, form CS-OA140R, as follows:

Form number, citation to the rule and effective date moved from the last page to the bottom left corner of page 1.

The Department revises the incorporated material, form CS-OA160, as follows:

Form number, citation to the rule and effective date moved from the last page to top right corner of page 1.

Page 1, #3: The first sentence is revised to read as follows: You may contact us by phone at 1-800-622-KIDS (5437) within 10 days to informally discuss the proposed termination, or you may request a hearing before we issue a final order terminating the Final Administrative Support Order. 

The Department revises the incorporated material, form CS-OA178, as follows:

Form number, citation to the rule and effective date moved from the last page to the bottom left corner of page 1.

 

12E-1.036 Administrative Establishment of Paternity and Support Obligations.

(1) through (4)

(5) Obtaining Cooperation from the Mother or Caregiver.

(a) No change.

(b) If the mother or caregiver and the child(ren) appear for the genetic test and provide a sample timely, the Department shall proceed to serve the respondent with an initial notice as described in subsection (65) below.

(c) No change.

(6) Notice of Proceeding to Establish Paternity and Order to Appear for Genetic Testing.

(a) No change.

(b) Proceeding in Circuit Court.

1. No change.

2. Respondent Asks the Department to Proceed in Circuit Court. The respondent may ask the Department to stop the administrative proceeding and proceed in circuit court. The respondent must make this request in writing and the request must be received by the Department within 20 days after being served the Initial Notice. The request from the respondent must state that he requests the Department proceed with the determination of paternity in circuit court or that he has custody matters or parental rights issues which need to be addressed by the court. Oral requests are not accepted. If the respondent files a timely request for the Department to file an action in circuit court, the Department will send the respondent Form CS-OA247, Request for Court Action Status Update, hereby incorporated by reference effective xx/xx (http://www.flrules.org/Gateway/reference.asp?No=Ref-   ). The Department sends the petitioning parent Form CS-OA248, Notice of Court Action Financial Affidavit Needed for Court, hereby incorporated by reference effective xx/xx (http://www.flrules.org/Gateway/reference.asp?No=Ref-   ). The Department then sends the petitioning parent Form CS-PO31, Family Law Financial, hereby incorporated by reference effective xx/xx (http://www.flrules.org/Gateway/reference.asp?No=Ref-   ). If the petitioning parent does not return the CS-PO31, the Department shall initiate case closure if the petitioning parent is not receiving public assistance. If the petitioning parent is receiving Medicaid or food assistance, the Department shall report noncooperation to the Department of Children and Families as required by section 409.2572, F.S., and initiate case closure. If the petitioning parent is receiving temporary cash assistance for the child, the Department shall prepare a financial affidavit for the other parent as authorized by section 61.30(15), F.S. If the petitioning parent returns the CS-PO31, the Department will file a petition with the clerk of court to determine the support obligation and obtain a civil case number. Alleged Father Asks the Department to Proceed in Circuit Court. The alleged father may ask the Department to stop the administrative proceeding and proceed in circuit court. The alleged father must make this request in writing within 20 days after being served the Notice of Proceeding. The request from the alleged father must state that he requests the Department proceed with the determination of paternity in circuit court or that he has custody matters or parental rights issues which need to be addressed by the court. Oral requests are not accepted. If the respondent makes a timely request for the Department to file an action in circuit court, the Department will send the respondent Form CS-OA247, Request for Court Action Status Update, hereby incorporated by reference effective xx/xx (http://www.flrules.org/Gateway/reference.asp?No=Ref-   ). The Department sends the petitioning parent Form CS-OA248, Notice of Court Action Financial Affidavit Needed for Court, hereby incorporated by reference effective xx/xx (http://www.flrules.org/Gateway/reference.asp?No=Ref-           _), If the petitioning parent does not return the CS-OA248,  the Department shall initiate case closure unless the petitioning parent receives Medicaid or food assistance. The Department shall report noncooperation as authorized by section 409.2572, F.S., to the Department of Children and Families, initiate case closure and send the petitioning parent Form CS-PO31, Family Law Financial Affidavit, hereby incorporated by reference effective xx/xx (http://www.flrules.org/Gateway/reference.asp?No=Ref- _ ). When the other parent returns the CS-PO31, the Department shall file a petition in circuit court to determine the support obligation. After filing the petition in circuit court, the Department sends a copy of the petition to the respondent alleged father by certified mail, return receipt requested. Along with the copy of the petition, the Department sends the Notice of Commencement of Action and Request for Waiver of Service of Process Administrative Paternity Proceeding form (http://www.flrules.org/Gateway/reference.asp?No=Ref-06604), CS-OA18 effective 4/5/16 and incorporated by reference. The Department also sends two copies of the Waiver of Service of Process form (http://www.flrules.org/Gateway/reference.asp?No=Ref-06605), CS-OA19 effective 4/5/16 and incorporated by reference. If the respondent alleged father is represented by an attorney, the Department sends the packet of forms and petition to the respondent’s alleged father’s attorney. The respondent alleged father has 10 days from the receipt of these forms to sign and complete one copy of the CS-OA19 and return it to the Department. If the Department does not receive the signed completed CS-OA19 within 10 days, it proceeds with the establishment of paternity administratively. The Department also files a voluntary dismissal of the civil case with the clerk of court and mails a copy of the voluntary dismissal to the respondent alleged father. If the respondent alleged father completes and returns the CS-OA19 within 10 days, the Department sends the petitioner or caregiver the Dismissal of Administrative Proceeding CS-OA88 form. The Department will then end the administrative proceeding and proceed in circuit court.

(7) through (12) No change.

(13) Proposed Administrative Paternity and Support Order. Not sooner than 20 days after serving the Notice of Proceeding to Establish Administrative Support Order form, CS-OA01 under subsection (11) the Department shall calculate the respondent’s support obligation using the child support guidelines in section 61.30, F.S. If the respondent does not provide financial information within the time required by section 409.2563(13)(a) and (b), F.S., the Department shall impute income as provided section 61.30(2)(b), F.S. or section 409.2563(5), as applicable.

(a) No change.

(b) The Department shall prepare a Proposed Administrative Paternity and Support Order (CS-OA20), incorporated by reference, which for purposes of the rule is entitled Proposed Administrative Support order, that establishes the terms of the support obligation and includes, at a minimum, all elements contained in section 409.2563(7)(e), F.S.

(c) through (g) No change.

(h) The respondent may withdraw the request for an administrative hearing up to five days before the scheduled date, or at the administrative law judge’s discretion. The respondent may withdraw the request by providing a written request directly to the Division of Administrative Hearings. To reschedule a hearing, the party requesting to reschedule shall file a motion for continuance with the Division of Administrative Hearings in accordance with rules 28-106.204 and 28-106.210, F.A.C.

(h)(i) If the Department determines that an administrative hearing is appropriate, it may refer the proceeding to the Division of Administrative Hearings without issuing a Proposed Administrative Paternity and Support Order. At the hearing, the administrative law judge may issue a final order that addresses paternity, or paternity and support. The administrative law judge will also determine any applicable retroactive support and include it as a sum certain in the final order. The retroactive support will be calculated for the 24 months prior to the date of the service of process for the Notice of Proceeding to Establish Paternity. If the administrative law judge issues an order, the Department will render it.

(14) through (20) No change.

 

The Department revises the incorporated material, form CS-OA248, as follows:

On page 1, the third paragraph is revised to read:

When you receive the form, you must complete it and send it back to us. 

 

The Department revises the incorporated material, form CS-PO31, as follows:

Form number, citation to the rule and effective date moved from the last page to the bottom left corner of page 1.

Text removed from bottom of each page: Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (09/12)

 

The Department revises the incorporated material, form CS-OP30, as follows:

Form number, citation to the rule and effective date moved from the last page to top right corner of page 1.

 

The Department revises the incorporated material, form CS-OA20, as follows:

Form number, citation to the rule and effective date moved from the last page to top right corner of page 1.

 

The Department revises the incorporated material, form CS-OX20, as follows:

Form number, citation to the rule and effective date moved from the last page to top right corner of page 1.

 

The Department revises the incorporated material, form CS-OP50, as follows:

Form number, citation to the rule and effective date moved from the last page to the bottom left corner of page 1.

 

The Department revises the incorporated material, form CS-OA40, as follows:

Form number, citation to the rule and effective date moved from the last page to the bottom left corner of page 1.

 

The Department revises the incorporated material, form CS-OX40, as follows:

Form number, citation to the rule and effective date moved from the last page to the bottom left corner of page 1.

 

12E-1.037 Notification to Withhold Support from Reemployment Assistance.

(1) through (9) No change.

Rulemaking Authority 409.2557 FS. Law Implemented 409.2557, 443.051 FS. History-New_______.

 

12E-1.040 Intergovernmental Forms.

(1) As the state’s Title IV-D agency under section 409.2557(1), F.S., the Department must use federally approved forms in intergovernmental cases involving child support programs in other states, foreign countries, or tribes as required by 45 CFR 303.7(a)(4) (http://www.flrules.org/Gateway/reference.asp?No=Ref-      ), which is hereby incorporated by reference in this rule effective xx/xx. Copies of the federally approved forms used in intergovernmental cases may be obtained from the federal Office of Child Support Enforcement on its website at: www.acf.hhs.gov.

(2) No change.

(3) The Department uses the Declaration in Support of Establishing Parentage Affidavit in Support of Establishing Paternity (CS-IS26) form to obtain a paternity affidavit from a person seeking establishment of paternity or paternity and support in an intergovernmental case. The Department provides the CS-IS26 to the other government’s child support program. Form CS-IS26 (Effective xx/xx) (http://www.flrules.org/Gateway/reference.asp?No=Ref-       ), is hereby incorporated by reference in this rule.

Rulemaking Authority 409.2557 120.54(6), F.S. Law Implemented 88.3111(2), 88.3071(1)(a), 409.2557, F.S., CFR 303.7(a)(4), History – New_______.