10082391, 12E-1.0051 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 10082391

Notice of Proposed Rule

Department:

DEPARTMENT OF REVENUE

Division:

Child Support Program

Chapter:

CHILD SUPPORT PROGRAM

Overview

RULE:

12E-1.0051

Undistributable Collections

PURPOSE:

Section 409.2558(3), F.S., requires the Department to establish by rule a method to determine a collection or refund to be undistributable to the final intended recipient. The law provides that before determining a collection or refund undistributable, the Department must make reasonable efforts to locate individuals to whom collections or refunds are owed. The law also directs the Department to process, as program income, payments the Department disburses that are less than $1.00 by paper check and the check is not cashed after 180 days, or any amount less than $1.00 owed on a closed Title IV-D case. The purpose of creating proposed Rule 12E-1.0051, F.A.C., is to provide guidance to the public about the Department’s procedures for locating individuals to whom collections or refunds are owed, processing undistributable collections, how an individual can reclaim an undistributable collection, and processing payments that are less than $1.00 as program income. The effect is to provide the public with information on how the Department will: (1) try to locate individuals to whom collections or refunds are owed; (2) determine a collection or refund to be undistributable; (3) process undistributable collections; (4) allow an individual to reclaim a collection applied as program income; and (5) process payments that are less than $1.00 as program income.

SUMMARY:

The proposed creation of Rule 12E-1.0051, F.A.C., provides guidance to the public about the Department’s procedures for locating individuals to whom collections or refunds are owed, processing undistributable collections, allowing individuals to reclaim an undistributable collection and processing refund requests. The proposed rule also tells the public that if the Department disburses a payment of less than $1.00 by paper check and the check is not cashed after 180 days, or if less than $1 is owed on a closed Title IV-D case, the Department will process the payment as program income, which is split between the state (General Revenue Fund) and federal governments.

RULEMAKING AUTHORITY:

409.2557(3)(j), 409.2558(3), 409.2558(9) FS.

LAW:

409.2558(3), 409.2558(5) FS.

PRINT PUBLISH DATE:

7/8/2011 Vol. 37/27

COMMENTS:

From 7/8/2011 To 7/29/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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