436711, 12E-1.012 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 436711

Notice of Proposed Rule

Department:

DEPARTMENT OF REVENUE

Division:

Child Support Program

Chapter:

CHILD SUPPORT PROGRAM

Overview

RULE:

12E-1.012

Consumer Reporting Agencies

PURPOSE:

The purpose of the proposed amendments to Rule 12E-1.012, F.A.C. (Consumer Reporting Agencies) is to change the dollar threshold used in determining which cases are eligible to be reported to consumer reporting agencies, provide a definition for the term “delinquency” that supports the new threshold, amend the notice provision, and create criteria that exclude recipients of temporary cash assistance and Supplemental Security Income (SSI) benefits from having their overdue support reported. The amendments create a written agreement provision under which the department will forego reporting an obligor’s overdue support to consumer reporting agencies for as long as the obligor complies with an agreed payment plan.  The amendments change the contest provision to require an obligor to have an informal review with department staff before the obligor can request an administrative hearing.
The effect of these amendments is to change the eligibility factors for reporting cases to consumer reporting agencies, give obligors an ability to opt out of being reported to consumer reporting agencies by complying with a payment plan, and change the contest provision to allow disputes to be resolved informally.

SUMMARY:

The proposed amendments change the criteria used to determine whether a noncustodial parent’s overdue support qualifies to be reported to consumer reporting agencies, require the department to conduct an informal review when the noncustodial parent contests the reporting of overdue support, and allow the department to agree to an alternative outcome in which the noncustodial parent can enter into a written agreement based on a negotiated payment plan in lieu of the support debt being reported.

RULEMAKING AUTHORITY:

61.1354(5), 409.2557 FS.

LAW:

61.1354 FS.

PRINT PUBLISH DATE:

6/23/2006 Vol. 32/25

COMMENTS:

From 6/23/2006 To 7/14/2006 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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