Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69I - Division of Accounting and Auditing › Chapter 69I-21 - AUDIT AND ADJUSTMENT OF ACCOUNTS AND RECOVERY OF ACCOUNTS RECEIVABLE › Section 69I-21.003 - Procedure for Collection of Delinquent Accounts

Current through Reg. 50, No. 138; July 16, 2024
(1) Section
				 17.20, F.S., requires each
				agency to exercise due diligence in securing full payment of all accounts and
				claims due to the state. When determining the level of due diligence to
				exercise, consideration shall be given to the agency's independent statutory
				authority to collect delinquent accounts; the type, age and amount of
				delinquent accounts; and whether or not the actions taken by the agency are
				reasonable and cost effective. Agencies shall establish, document and maintain
				policies and procedures which fully explain the process of exercising due
				diligence.
(2) No later than 120
				days after the original due date of an account due to the state, and after
				exhausting other lawful measures available to the agency, each agency shall
				assign the account to a debt collection agent contracted by the Chief Financial
				Officer, unless the agency has statutory authority to collect delinquent
				accounts independently.
(3)
				Agencies assigning accounts to a debt collection agent contracted by the Chief
				Financial Officer must complete and submit to the debt collection agent a Debt
				Collection Referral Form (Form DFS-A1-1829, effective 01/14,
http://www.flrules.org/Gateway/reference.asp?No=Ref-04202
)
				unless another method of transmitting the required account information is
				approved in advance by the Chief Financial Officer. All other approved methods
				of transmitting data must contain the required account information found in the
				Debt Collection Referral Form. The Debt Collection Referral Form is hereby
				incorporated by reference and is available at:
http:/www.myfloridacfo.com/Division/AA/Forms/default.htm
.
(4) Agencies must regularly monitor
				collection activities on accounts assigned to a debt collection agent and
				verify the accuracy of amounts collected and the related collection
				fees.
(5) Where the delinquent
				account receivable is due from a state officer or employee, any agency of local
				government, a county or any agency thereof, or any other person to whom the
				state may be indebted for other goods or services or in any other manner except
				for salary or wages due to state officers or employees in which case rule
				 69I-21.004, F.A.C. would apply,
				the Department shall offset such delinquent account receivable against such
				other sums due from the state or intercept or issue stop payment orders for any
				outstanding warrants payable to such persons or entities or take further action
				authorized by chapter 17, F.S. The Department will take such action unless it
				is shown that demonstrative harm will occur to the State of Florida as a result
				of the offset, intercept or stop payment order. Additionally, the Department
				will advise the agency to whom such delinquent account receivable is due of
				such action so the agency may properly account for such
				offset.
Rulemaking Authority
					 17.29 FS. Law Implemented
					 17.03,
					 17.04,
					 17.20
					 FS.
New 1-8-86, Formerly 3A-21.03, Amended 4-12-89, 6-3-90,
					 11-20-94, 5-12-97, Formerly 3A-21.003, Amended
					 8-13-14.