24812035, 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: 24812035

Notice of Development of Rulemaking

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
12E-1.012	Consumer Reporting Agencies
12E-1.023	Suspension of Driver License; Suspension of Motor Vehicle Registration
12E-1.028	Garnishment by Levy
12E-1.030	Administrative Establishment of Child Support Obligations
12E-1.036	Administrative Establishment of Paternity and Support Obligations
12E-1.039	Request for Services

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 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:

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:

61.13016, 61.1354, 322.058, 409.256, 409.2563, 409.25633, 409.25656, 409.2567, 409.2572 FS.

PRINT PUBLISH DATE:

7/29/2021 Vol. 47/146

RELATED STATUTES
AND LAWS:

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., 61.13016, 61.1354, 322.058, 409.256, 409.2563, 409.25633, 409.25656, 409.2567, 409.2572 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=12E-1.008&PDate=7/29/2021&Section=1

REFERENCE MATERIALS:

No reference(s).

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