12473732, 12E-1.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12473732

Notice of Proposed Rule

Department:

DEPARTMENT OF REVENUE

Division:

Child Support Program

Chapter:

CHILD SUPPORT PROGRAM

Overview

RULE:

12E-1.001	General (Repealed)
12E-1.002	Services Provided (Repealed)
12E-1.003	Conditions of Eligibility (Repealed)
12E-1.004	Application for Services, Application Forms and Fee (Repealed)
12E-1.005	Collection and Distribution of Payments (Repealed)
12E-1.009	Enforcement of Income Deduction in IV-D Cases Where No Income Deduction Order Currently Exists (Repealed)
12E-1.013	Release of Information (Repealed)
12E-1.015	Reciprocity Requests
12E-1.016	Child Support Guidelines (Repealed)
12E-1.017	Expedited Process (Repealed)
12E-1.019	Judgments by Operation of Law (Repealed)
12E-1.020	Genetic Testing (Repealed)
12E-1.024	Business or Professional License or Certification Suspension or Application Denial (Repealed)
12E-1.025	Procurement of Legal Services (Repealed)
12E-1.026	Central Depository Electronic Transmission of Information (Repealed)

PURPOSE:

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.

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 F.

LAW:

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 F.

PRINT PUBLISH DATE:

1/7/2013 Vol. 39/04

COMMENTS:

From 1/7/2013 To 1/28/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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