20552571, 12E-1.008 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 20552571

Notice of Proposed Rule

Department:

DEPARTMENT OF REVENUE

Division:

Child Support Program

Chapter:

CHILD SUPPORT PROGRAM

Overview

RULE:

12E-1.008	Determination of Cooperation; Determination of Noncooperation; Determination of Good Cause to Not Cooperate
12E-1.011	Lottery Intercept
12E-1.014	Federal Offset Program; Passport Denial; Secretary of the Treasury Full Collection Services
12E-1.030	Administrative Establishment of Child Support Obligations
12E-1.036	Administrative Establishment of Paternity and Support Obligations

PURPOSE:

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 update the Department’s requirement to provide recipients with documentation to request an informal review, and to incorporate by reference forms CS-CF07, CS-CF08, CS-CF11 and CS-CF38.
The effect of the amendment is to provide the forms the Department intends to use to provide recipients with documentation to request an informal review.
The purpose of the proposed amendments to Rule 12E-1.011 F.A.C., Lottery Intercept, is to incorporate by reference the Notice of Intent to Deduct Lottery Winnings (CS-EF160) used to notify an obligor that prize money is being deducted and applied to past-due support.
The effect of the amendment is to provide the form the Department intends to use to notify an obligor that prize money is being deducted and applied to past-due support.
The purpose of the proposed amendments to Rule 12E-1.014 F.A.C., Internal Revenue Service Tax Refund Offset Program; Passport Denial; Internal Revenue Service Full Collection Services, is to update the criteria for certifying a parent who owes support for the Federal Offset and Passport Denial Programs; add information about offsetting federal payments other than income tax refunds; add a provision excluding retroactive support from offset in certain circumstances; add provisions for referring a potentially erroneous tax refund offset for review by the Internal Revenue Service; update the conditions for decertification from Passport Denial; add criteria for referring cases to the U.S. Department of the Treasury for full collection services; incorporate by reference form CS-EF36A, and update the name of the rule to more accurately reflect its contents.
The effect of the amendments is to provide the forms the Department intends to use in Federal Offset, Passport Denial, and Secretary of the Treasury Full Collection Services proceedings.
The purpose of the proposed amendments to Rule 12E-1.030, F.A.C., Administrative Establishment of Child Support Obligations, is to incorporate by reference changes to forms CS-ES96, CS-OA120R and CS-OA140R the Department uses in administrative proceedings. 
The effect of the amendments is to correct terminology in forms the Department uses in administrative proceedings.
The purpose of the proposed amendments to Rule 12E-1.036, F.A.C., Administrative Establishment of Paternity and Support Obligations, is to incorporate by reference changes to forms CS-OA20, CS-OX20, CS-OP50, CS-OA40, and CS-OX40, the Department uses in administrative proceedings. 
The effect of the amendments is to correct terminology in forms the Department uses in administrative proceedings.

SUMMARY:

The rule amendments incorporate changes to procedures and forms used by the Child Support Program.
The proposed amendments to Rule 12E-1.008, F.A.C., Determination of Cooperation; Determination of Noncooperation; Determination of Good Cause, substantially rewords the rule which establishes how the Department determines cooperation and noncooperation in child support cases.
The proposed amendments to Rule 12E-1.011 F.A.C., Lottery Intercept, incorporates by reference the notice the Department uses to notify an obligor that prize money is being deducted and applied to past-due support.
The proposed amendments to Rule 12E-1.014 F.A.C., Internal Revenue Service Tax Refund Offset Program; Passport Denial; Internal Revenue Service Full Collection Services, substantially rewords the rule which establishes how the Department: certifies a parent who owes support for the Federal Offset and Passport Denial Programs; adds information about offsetting federal payments other than income tax refunds; excludes retroactive support from offset in certain circumstances; refers potentially erroneous tax refund offsets for review by the Internal Revenue Service; updates the conditions for decertification from Passport Denial; adds criteria for referring cases to the U.S. Department of the Treasury for full collection services; and updates the name of the rule to more accurately reflect its contents.
The proposed amendments to Rule 12E-1.030, F.A.C., Administrative Establishment of Child Support Obligations, incorporates by reference changes to forms used in administrative proceedings. 
The proposed amendments to Rule 12E-1.036, F.A.C., Administrative Establishment of Paternity and Support Obligations, incorporates by reference changes to forms the Department uses in administrative proceedings.

RULEMAKING AUTHORITY:

61.14(1)(d), 409.2557(3), 409.2557(3)(h), 409.2557(3)(i), 409.2557(3)(p), 409.256(17), 409.2563(7)(e), 409.2564(13), 409.2563(16), 409.25633(9), FS.

LAW:

61.17, 409.256, 409.2563, 409.25633, 409.2564, 409.2572, FS.

PRINT PUBLISH DATE:

6/18/2018 Vol. 44/118

COMMENTS:

From 6/18/2018 To 7/9/2018 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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