7591528, 12E-1.0052 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7591528

Notice of Proposed Rule

Department:

DEPARTMENT OF REVENUE

Division:

Child Support Program

Chapter:

CHILD SUPPORT PROGRAM

Overview

RULE:

12E-1.0052	Unidentifiable Payments
12E-1.014	Federal Offset Program; Passport Denial; Secretary of the Treasury Full Collection Services

PURPOSE:

The purpose of creating proposed Rule 12E-1.0052, F.A.C., is to provide guidance to the public about the Department’s procedures for resolving unidentifiable Title IV-D support payments received by the State Disbursement Unit. The proposed rule also provides information to the public about how to reclaim unidentifiable collections. The effect of the proposed rule is to provide: (1) information on identifying support payments that could not be processed because there was not enough information to identify who the payment was for; (2) information on how a noncustodial parent may seek the return of a payment which was never processed; and (3) guidance on how the Department will process payment return requests.
The purpose of the proposed amendments to Rule 12E-1.014, F.A.C., is to reflect the change in 42 United States Code (USC) Section 664(c) which now allows the certification of past-due amounts for Internal Revenue Service Tax Refund Offset in non-public assistance cases where the child has emancipated. The amendment also changes the certification threshold for passport denial from $5000 to amounts over $2500 as allowed by Section 409.2564(10), F.S., as amended July 1, 2007. Other amendments provide new exception criteria for restoring passport privileges to a non-custodial parent who owes more than $2500. The effect of the proposed rule is to inform the public the Department will certify past-due amounts for non-public assistance cases for a child for Internal Revenue Service Tax Refund Offset, even if the child has emancipated. The rule also informs the public that the certification threshold for past-due support for passport denial has changed from $5000 to more the $2500. Finally, the rule informs the public the Department may consider exceptions to restoring an obligor’s passport even if the obligor was not certified in error and has not paid the past-due support balance amount below $2500.

SUMMARY:

Rule 12E-1.0052, F.A.C., establishes a method for determining a support collection to be unidentifiable. The rule provides a method for retrieving unidentifiable collections once the collection becomes identified and establishes how the Department will process payment return requests. The rule also incorporates by reference CSE Forms CS-FM100 (Request to Return Payment), CS-FM101 (Request for Payment Return Denied), and CS-FM102 (Payment Return).
Rule 12E-1.014, F.A.C., allows certification for IRS Tax Offset in non-public assistance cases, whether or not the child is a minor. The amendment changes the certification threshold for passport denial from $5,000 to more than $2,500. The amendment also establishes exception criteria for restoration of a passport. The amendment also incorporates by reference CSE Form CS-EF36A (Notice of Decision of Informal Conference, Income Tax Refund or Passport Denial), as well as incorporates plain language.

RULEMAKING AUTHORITY:

409.2557(3)(i), 409.2557(3)(j), 409.2558(4), 409.2558(9) FS.

LAW:

61.17, 409.2558(3), 409.2558(4), 409.2564 FS.

PRINT PUBLISH DATE:

9/4/2009 Vol. 35/35

COMMENTS:

From 9/4/2009 To 9/25/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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