reglab/statecodes huggingface dataset:
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12D - Property Tax Oversight Program › Chapter 12D-19 - CERTIFIED FLORIDA PROPERTY APPRAISER AND CERTIFIED FLORIDA TAX COLLECTOR PROGRAM › Section 12D-19.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The following definitions apply to this chapter:
(1) Official or officials: Individuals who
				are elected or appointed to the offices of county tax collector or county
				property appraiser in the State of Florida.
(2) Applicant: Individuals who apply for
				certification as a Certified Florida Appraiser, Certified Florida Evaluator,
				Certified Florida Collector, Certified Florida Collector Assistant, or
				Certified Cadastralist of Florida.
(3) Department: The Florida Department of
				Revenue.
(4) Chairperson: The
				individual who conducts the admissions and certifications committee meetings,
				and is a member of said committees.
(5) Professional designee: An elected or
				appointed official, or an employee of such official or an employee of the
				Department who has met the requirements for certification as set forth in these
				rules.
(6) Executive Director: The
				Executive Director of the Department.
(7) State Associations: The Property
				Appraisers' Association of Florida, Inc., Florida Association of Property
				Appraisers, Inc., and Florida Tax Collectors, Inc.
(8) Committees: The Admissions and
				Certifications Committees for Certified Florida Appraisers, Certified Florida
				Evaluators, Certified Cadastralists of Florida, Certified Florida Collectors
				and Certified Florida Collector Assistants.
(9) Committee Members: Officials who serve on
				either Admissions and Certifications Committee. Committee members who are
				property appraisers or tax collectors shall hold the designation of Certified
				Florida Appraiser or Certified Florida Collector.
(10) Approved Course: Any course, seminar, or
				workshop approved by the Department for credit towards certification,
				recertification, or reinstatement. Any course approved under the criteria and
				procedures described in Rule 12D-19.004, F.A.C., is an approved
				course.
(11) Governmental
				Employment: Employment with a Florida county property appraiser, Florida county
				tax collector, or the Department.
(12) Department Sponsored: In reference to an
				approved course, a course for which the Department sets the agenda, arranges
				presenters or space, or collects tuition.
Rulemaking Authority
					 195.002(2),
					 195.027(1) FS.
					 Law Implemented 145.10,
					 145.11,
					 195.002
					 FS.
New 4-2-81, Formerly 12-9.01, Amended 4-11-89, 12-30-97,
					 10-26-21, Formerly 12-9.001.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12D - Property Tax Oversight Program › Chapter 12D-19 - CERTIFIED FLORIDA PROPERTY APPRAISER AND CERTIFIED FLORIDA TAX COLLECTOR PROGRAM › Section 12D-19.002 - Certified Florida Appraiser, Certified Florida Evaluator, Certified Cadastralist of Florida, Certified Florida Collector, and Certified Florida Collector Assistant Program

Current through Reg. 50, No. 138; July 16, 2024
(1) A Certified
				Florida Appraiser, Certified Florida Evaluator, Certified Cadastralist of
				Florida, Certified Florida Collector, and Certified Florida Collector Assistant
				program is established and administratered by the Department.
(2) The five certifications are:
(a) Certified Florida Appraiser
				(CFA).
(b) Certified Florida
				Evaluator (CFE).
(c) Certified
				Cadastralist of Florida (CCF).
(d)
				Certified Florida Collector (CFC).
(e) Certified Florida Collector Assistant
				(CFCA).
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12D - Property Tax Oversight Program › Chapter 12D-19 - CERTIFIED FLORIDA PROPERTY APPRAISER AND CERTIFIED FLORIDA TAX COLLECTOR PROGRAM › Section 12D-19.003 - Qualifications

Current through Reg. 50, No. 138; July 16, 2024
(1) To qualify for any of the certifications,
				an applicant must have at least 2 years experience in a Florida property
				appraiser's office, a Florida tax collector's office, or with the Department.
				To qualify for the special qualification salary, officials must meet all
				certification requirements set forth in these rules within 4 years after taking
				office. A person who is a Certified Florida Evaluator or a Certified Florida
				Collector Assistant upon being appointed or elected to office will be
				recognized as a Certified Florida Appraiser or Certified Florida Collector upon
				taking office.
(2) Applicants for a
				certification as a Certified Florida Appraiser, Certified Florida Evaluator,
				Certified Florida Collector, or Certified Florida Collector Assistant must
				attend a minimum of 120 hours of approved courses and pass monitored
				examinations. Applicants for a certification as a Certified Cadastralist of
				Florida must attend a minimum of 150 hours of approved courses and pass
				monitored examinations.
(3) The
				approved courses for certification as a Certified Florida Collector or a
				Certified Florida Collector Assistant must include the following courses:
(a) A minimum of 30 hours of approved courses
				which include instruction and examination on the duties and responsibilities of
				a Florida Tax Collector.
(b) A
				minimum of 90 hours of approved elective courses which include instruction and
				examination designed to impact expertise in the areas of tax administration,
				assessment, or collection in Florida.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12D - Property Tax Oversight Program › Chapter 12D-19 - CERTIFIED FLORIDA PROPERTY APPRAISER AND CERTIFIED FLORIDA TAX COLLECTOR PROGRAM › Section 12D-19.004 - Approval of Courses

Current through Reg. 50, No. 138; July 16, 2024
(1) Any course
				approved for credit towards certification, recertification, or reinstatement
				must be approved by the Department through one of the two methods provided in
				paragraphs (a) and (b) before the course is taken for credit. The courses must
				impart expertise in one of the following areas, as it relates to the
				professional designation of the requesting individual: professionally accepted
				appraisal practices, appropriate appraisal methodologies, cadastral mapping,
				tax administration, assessment, or collection in Florida. To be approved as a
				course for initial certification, the course must contain a monitored
				examination.
(a) Any course that meets the
				requirements of the applicable program and is approved by the Department for
				credit towards certification, recertification, or reinstatment is published on
				the Department's Certification and Training webpage
https://floridarevenue.com/property/Pages/Cofficial_Training.aspx
.
(b) Any course not found in the Department's
				list of approved courses will be approved for certification, recertification or
				reinstatement on a case-by-case basis by the Department's training staff.
				Approval is contingent upon documentation showing the proposed course imparts
				expertise as it relates to the professional designation of the requesting
				individual in one of the areas in subsection (1).
1. For CFA certifications, continuing
				education courses must address topics within the following areas as they relate
				specifically to the functions of property appraisers:
a. Duties and role of property
				appraisers.
b. Duties and role of
				the Department.
c. State or federal
				appraisal law, including professionally accepted appraisal practices and
				appropriate appraisal methodologies.
d. Management of technology information
				systems.
e. Office management and
				personnel training as it relates to property appraiser offices.
f. Public administration.
g. Ethics training required by Section
				112.3142,
				F.S.
2. For CFC
				certifications, continuing education courses must address topics within the
				following areas as they relate specifically to the functions of tax collectors:
a. Duties and role of tax
				collectors.
b. Duties and role of
				the Department.
c. Duties and roles
				of state agencies for which tax collectors serve as an agent.
d. State or federal tax law.
e. Management of technology information
				systems.
f. Office management and
				personnel training as it relates to tax collector offices.
g. Public administration.
h. Ethics training required by Section
				112.3142,
				F.S.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12D - Property Tax Oversight Program › Chapter 12D-19 - CERTIFIED FLORIDA PROPERTY APPRAISER AND CERTIFIED FLORIDA TAX COLLECTOR PROGRAM › Section 12D-19.005 - Department Sponsored Courses

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Department sponsored courses will be announced at least 60 days before the
				course start date on the Department's Certification and Training webpage
https://floridarevenue.com/property/Pages/Cofficial_Training.aspx
.
				The continuing education courses include 4 hours of ethics training to meet the
				requirement of Section
				112.3142, F.S., and continuing
				education hours for recertification or reinstatement.
(2)
(a)
				After the Department announces a course, registration is open as space is
				available. The registration deadline will be included in the announcement. The
				registration period closes 15 business days before the course start date for
				courses in which course materials must be ordered in advance by the Department.
				The registration period closes 5 business days before the course start date for
				all other Department sponsored courses. Registrations are timely if made online
				or received by the Department on or before the close date. Course registrations
				cannot be accepted after the date the registration period closes.
(b) Participants may register and pay tuition
				using the Property Tax Oversight Certification and Training Online Registration
				at
https://taxapps.floridarevenue.com/ptoregpublic/
.
				Participants who are unable to register online may contact Property Tax
				Oversight Program Certification and Training for assistance by email at
				PTOTraining@floridarevenue.com or by calling (850)717-6570.
(c) Participants are encouraged to register
				as early as possible. Classes are filled on a first come, first serve basis,
				once the registration and payment are received. Participants registering less
				than two weeks before the course start date may inquire whether space is
				available by contacting Property Tax Oversight Program Certification and
				Training by email at PTOTraining@floridarevenue.com or by calling
				(850)717-6570. Student substitutions requested in writing will be accepted up
				to one week before the class.
(d)
				Registration is open to all interested parties on a space available basis. The
				registration process for external individuals is the same as those working for
				the property appraiser or tax collector.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12D - Property Tax Oversight Program › Chapter 12D-19 - CERTIFIED FLORIDA PROPERTY APPRAISER AND CERTIFIED FLORIDA TAX COLLECTOR PROGRAM › Section 12D-19.006 - Application for Certification

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				applicant for certification shall provide the Department the following:
(a) A completed Application for Florida
				Professional Certification (Form DR-4001, incorporated by reference in Rule
				12D-16.002, F.A.C.). Form
				DR-4001 is available on the Department's Certification and Training webpage
https://floridarevenue.com/property/Pages/Cofficial_Training.aspx
.
(b) The originals or copies of certificates
				or other documents, course transcripts and current related professional
				licenses showing completion of the required courses as set forth in these
				rules.
(c) Certification fee in an
				amount set as referenced in Rule 12D-19.007, F.A.C.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12D - Property Tax Oversight Program › Chapter 12D-19 - CERTIFIED FLORIDA PROPERTY APPRAISER AND CERTIFIED FLORIDA TAX COLLECTOR PROGRAM › Section 12D-19.007 - Fees and Tuition

Current through Reg. 50, No. 138; July 16, 2024
(1) An applicant
				for certification will not be eligible for consideration by a committee until
				the certification fee is paid. Recertification fees are due January 1 of each
				year and are delinquent April 1. Certification and recertification fees shall
				be set as follows:
(a) All applicants shall
				pay an initial certification fee of $25.00.
(b) All Certified Florida Appraisers,
				Certified Florida Collectors, Certified Florida Collector Assistants, Certified
				Florida Evaluators, and Certified Cadastralists of Florida shall pay an annual
				recertification fee of $5.00.
(c)
				All persons seeking reinstatement of a certification must pay a reinstatement
				fee of $5.00.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12D - Property Tax Oversight Program › Chapter 12D-19 - CERTIFIED FLORIDA PROPERTY APPRAISER AND CERTIFIED FLORIDA TAX COLLECTOR PROGRAM › Section 12D-19.008 - Certification

Current through Reg. 50, No. 138; July 16, 2024
(1) No certification shall be issued by the
				Department until the provisions of Rule 12D-19.006, F.A.C., are satisfied and
				the appropriate committee has recommended certification. The minutes of the
				meeting of the appropriate committee wherein a majority of the members present
				approved an application for certification or signatures of a majority of the
				members of a committee shall serve as evidence of approval.
(2) To prorate the special qualification
				salary for property appraisers and tax collectors, the certification date shall
				begin the first day of the month following the date the last educational or
				other requirement for certification was met. Employees are qualified for
				certification as of the first day of the month following the date the last
				educational or other requirement for certification was met. Any person who is a
				Certified Florida Evaluator or Certified Florida Collector Assistant that is
				elected or appointed as a property appraiser or a tax collector will be
				recognized as a Certified Florida Appraiser or Certified Florida Collector as
				of the first day of the month following the date the official took
				office.
(3) After a committee
				approves a certification of an applicant, the Department will mail such person
				a certificate of accomplishment and membership card in a format prescribed by
				the Department. In addition, each professional designee will be issued a pin
				composed of the Great Seal of the State of Florida, with certification wording
				and the initials of the designation on the periphery of the state
				seal.
Rulemaking Authority
					 195.002(2),
					 195.027(1) FS.
					 Law Implemented 145.10,
					 145.11,
					 195.002
					 FS.
New 4-2-81, Formerly 12-9.06, Amended 4-11-89, 12-30-97,
					 10-26-21, Formerly 12-9.006.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12D - Property Tax Oversight Program › Chapter 12D-19 - CERTIFIED FLORIDA PROPERTY APPRAISER AND CERTIFIED FLORIDA TAX COLLECTOR PROGRAM › Section 12D-19.009 - Recertification

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) To
				be recertified, Certified Florida Appraisers and Certified Florida Collectors
				must complete a minimum of 24 hours of approved courses that meet the criteria
				of subsection 12D-19.004(1), F.A.C., each calendar year and pay a
				recertification fee, as specified in paragraph 12D-19.007(1)(b),
				F.A.C.
(b) To be recertified,
				Certified Florida Evaluators, Certified Cadastralists of Florida, and Certified
				Florida Collector Assistants must certify their governmental employment each
				calendar year and pay a recertification fee, as specified in paragraph
				12D-19.007(1)(b), F.A.C. At the discretion of each official, professional
				designees employed by such official may be required to maintain recertification
				by completing a designated number of continuing education hours.
(c) Professional designees applying for
				recertification must submit a completed Application for Florida Professional
				Certification (Form DR-4001, incorporated by reference in Rule
				12D-16.002, F.A.C.) to the
				Department. Certification automatically expires if recertification as set forth
				in this rule is not maintained timely.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12D - Property Tax Oversight Program › Chapter 12D-19 - CERTIFIED FLORIDA PROPERTY APPRAISER AND CERTIFIED FLORIDA TAX COLLECTOR PROGRAM › Section 12D-19.010 - Reinstatement

Current through Reg. 50, No. 138; July 16, 2024
(1) Once a professional designee's
				certification has expired, that person may apply to the Department for
				reinstatement. Such applicant must meet the reinstatement requirements in
				subsection (2), and receive approval for reinstatement from the Department and
				the committee. Applications for reinstatement will be considered by the
				committee at its next meeting.
(2)
				The requirements for reinstatement are:
(a)
				For the professional designation for property appraisers and tax collectors,
				the professional must complete a minimum of 24 hours of approved continuing
				education courses which relate to their professional designation.
(b) For all previously certified professional
				designees seeking reinstatement, the professional must submit a completed
				Application for Florida Professional Certification (Form DR-4001, incorporated
				by reference in Rule 12D-16.002, F.A.C.) certifying
				their governmental employment and reporting any continuing education courses
				required for reinstatement.
(c) For
				all previously certified professional designees, pay the reinstatement fee set
				forth in Rule 12D-19.007(1)(c), F.A.C.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12D - Property Tax Oversight Program › Chapter 12D-51 - STANDARD ASSESSMENT PROCEDURES AND STANDARD MEASURES OF VALUE; GUIDELINES › Section 12D-51.001 - Florida Agricultural Classified Use Real Property Appraisal Guidelines

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Section
				  195.062, F.S., these guidelines
				  are adopted in general conformity with the procedures set forth in Section
				  120.54, F.S., but do not have
				  the force and effect of rules and are to be used only to assist property
				  appraisers in the assessment of agricultural property as provided by Section
				  195.002, F.S. These guidelines
				  are titled Florida Agricultural Classified Use Real Property Appraisal
				  Guidelines (June 2024). Copies of these guidelines may be obtained from the
				  Department's website at
floridarevenue.com/property/Pages/Cofficial_MOI.aspx
.
Rulemaking Authority
					 195.027(1),
					 195.032 FS. Law Implemented
					 193.461,
					 195.032,
					 195.062
					 FS.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12D - Property Tax Oversight Program › Chapter 12D-51 - STANDARD ASSESSMENT PROCEDURES AND STANDARD MEASURES OF VALUE; GUIDELINES › Section 12D-51.002 - Standard Measures of Value: Tangible Personal Property Appraisal Guidelines

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Section
				  195.062, F.S., these guidelines
				  are adopted in general conformity with the procedures set forth in Section
				  120.54, F.S., but shall not have
				  the force and effect of rules. These guidelines are to be used only to assist
				  property appraisers in the assessment of tangible personal property as provided
				  by Section 195.002, F.S. These guidelines
				  supersede any previous tangible personal property appraisal guidelines and are
				  entitled:
Standard Measures of Value:
Tangible Personal Property
Appraisal Guidelines Rev. 12/97
Copies of these guidelines may be obtained from the
				  Department of Revenue, Property Tax Oversight Program, P.O. Box 3000,
				  Tallahassee, Florida 32315-3000 and may be found on the Internet at
http://dor.myflorida.com/dor/property/
.
Rulemaking Authority
					 195.027(1),
					 195.032,
					 213.06(1) FS.
					 Law Implemented 195.032,
					 195.062,
					 213.05
					 FS.
New 12-30-97.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12D - Property Tax Oversight Program › Chapter 12D-51 - STANDARD ASSESSMENT PROCEDURES AND STANDARD MEASURES OF VALUE; GUIDELINES › Section 12D-51.003 - Florida Real Property Appraisal Guidelines

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Section
				  195.062, F.S., this rule shall
				  give notice that these guidelines are available from the address given below.
				  These guidelines do not have the force and effect of rules. These guidelines
				  are entitled:
Florida Real Property Appraisal Guidelines Rev.
				  11/26/02.
Copies of these guidelines may be obtained from the
				  Department of Revenue, Property Tax Oversight Program, P.O. Box 3000,
				  Tallahassee, Florida 32315-3000 and may be found on the Internet at
http://dor.myflorida.com/dor/property/
.
Rulemaking Authority
					 195.027(1),
					 195.032,
					 213.06(1) FS.
					 Law Implemented 195.032,
					 195.062,
					 213.05
					 FS.
New 12-30-02.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12D - Property Tax Oversight Program › Chapter 12DER23 - EMERGENCY RULE FOR YEAR 2023 › Section 12DER23-01 - Hurricane Ian or Hurricane Nicole Tax Refund

Current through Reg. 50, No. 138; July 16, 2024
(1) Form DR-5001, Application for Hurricane
				Ian or Hurricane Nicole Tax Refund (R. 1/23), is hereby adopted and
				incorporated by reference. This emergency rule and revised form supersede the
				previous emergency rule, 12DER22-13, and previous Form DR-5001, adopted by
				reference in that rule.
(2) Copies
				of the form are available, without cost, by downloading from the Department's
				website at floridarevenue.com/property/forms. Persons with hearing or speech
				impairments may call the Department's TDD at (800) 367-8331.
Rulemaking Authority s. 7, Ch. 2022-272, L.O.F. Law
					 Implemented s. 3, Ch. 2022-272, L.O.F.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12D - Property Tax Oversight Program › Chapter 12DER23 - EMERGENCY RULE FOR YEAR 2023 › Section 12DER23-10 - Application to Offset Total Reductions in Ad Valorem Tax Revenue from Refunds Due to Hurricane Ian or Hurricane Nicole

Current through Reg. 50, No. 138; July 16, 2024
(1) Form DR-5004, Application to Offset
				Reductions in Ad Valorem Tax Revenue from Refunds Due to Hurricane Ian or
				Hurricane Nicole, (N. 7/23), is hereby adopted and incorporated by
				reference.
(2) Copies of the form
				are available, without cost, by downloading from the Department's website at
				floridarevenue.com/property/forms. Persons with hearing or speech impairments
				may call the Department's TDD at (800) 367-8331.
Rulemaking Authority s. 50, Ch. 2023-157, L.O.F. Law
					 Implemented s. 50, Ch. 2023-157,
					 L.O.F.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.001 - General (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 61.181(8),
					 409.026,
					 409.2567 FS. Law Implemented
					 61.13,
					 61.181(8),
					 88.0405,
					 88.331,
					 95.11(3),
					 409.2554,
					 409.2557,
					 409.2561,
					 409.2567,
					 409.2569,
					 409.2577,
					 742.10
					 FS.
New 1-11-76, Formerly 10C-25.01, Amended 2-18-86, 4-6-88,
					 8-1-89, 6-17-92, 7-20-94, Formerly 10C-25.001, Repealed
					 5-9-13.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.002 - Services Provided (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026,
					 409.2557 FS. Law Implemented
					 61.14,
					 61.30,
					 119.08(3),
					 409.026,
					 409.2557,
					 409.2561,
					 409.2567
					 FS.
New 1-11-76, Formerly 10C-25.02, Amended 2-18-86, 6-17-92,
					 7-20-94, Formerly 10C-25.002, Repealed
					 5-9-13.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.003 - Conditions of Eligibility (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026,
					 409.2567 FS. Law Implemented
					 409.2554,
					 409.2557,
					 409.2561,
					 409.2567,
					 409.2569,
					 409.2577,
					 742.011
					 FS.
New 1-11-76, Formerly 10C-25.03, Amended 2-18-86, 4-6-88,
					 8-1-89, 7-20-94, Formerly 10C-25.003, Repealed
					 5-9-13.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.004 - Application for Services, Application Forms and Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority s. 1, Chapter 94-124, s. 14, Chapter
					 94-236, L.O.F. Law Implemented
					 61.08(4)(d),
					 61.16(1),
					 61.30(1)(b), (14),
					 (15),
					 88.111,
					 88.151,
					 88.235,
					 90.502(5),
					 119.08(3),
					 319.23,
					 319.24,
					 320.01,
					 327.02(27),
					 328.01,
					 328.15,
					 409.2557,
					 409.2561,
					 409.2567,
					 409.2564(2), (3),
					 (4),
					 409.2569,
					 409.2572,
					 409.2577,
					 695.25,
					 742.045,
					 742.12
					 FS.
New 2-18-86, Amended 4-9-87, 4-6-88, 8-1-89, 6-17-92,
					 7-20-94, Formerly 10C-25.0035, Amended 8-19-96, Repealed
					 5-9-13.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.005 - Collection and Distribution of Payments (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026,
					 409.2567 FS. Law Implemented
					 409.2554,
					 409.2557,
					 409.2561,
					 409.2567,
					 409.2569
					 FS.
New 2-18-86, Amended 4-6-88, 8-1-89, 7-20-94, Formerly
					 10C-25.0036, Repealed 5-9-13.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.0051 - Undistributable Collections

Current through Reg. 50, No. 138; July 16, 2024
(1) Introduction.
				The Department is responsible for distribution of child support payments under
				Section 409.2558, F.S. When the
				Department is unable to disburse the payment to the final intended recipient,
				the provisions of this rule apply.
(2) Definitions. For purposes of this rule:
(a) "Final intended recipient" means a
				parent, caregiver, a parent's or caregiver's estate, or a state, country, or
				agency providing Title IV-D services, including agencies administering programs
				under Title IV-A (Temporary Assistance for Needy Families), Title IV-E (Foster
				Care), or Title XIX (Medicaid) of the Social Security Act.
(b) "Obligee" means the person to whom
				support payments are made pursuant to an alimony or child support
				order.
(c) "Obligor" means a person
				who is responsible for making support payments pursuant to an alimony or child
				support order.
(d) "Undistributable
				collection" means a support payment received by the Department that the
				Department determines cannot be distributed to the final intended recipient, as
				defined by Section 409.2554(17),
				F.S.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.0052 - Unidentifiable Payments

Current through Reg. 50, No. 138; July 16, 2024
(1) Introduction.
				The Department is responsible for receipt and disbursement of child support
				payments under section
				409.2558, F.S. The State
				Disbursement Unit operating under Section
				61.1824, F.S., is responsible
				for the receipt and disbursement of child support payments for:
(a) Cases enforced by the Department under
				Title IV-D of the Social Security Act; and,
(b) Cases not enforced by the Department
				under Title IV-D of the Social Security Act (non Title IV-D cases) in which the
				support order is issued on or after January 1, 1994, and in which the obligor's
				support obligation is being paid through income deduction.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.007 - Right to Appeal (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.535,
					 409.026 FS. Law Implemented
					 409.026,
					 409.2557
					 FS.
New 1-11-76, Formerly 10C-25.05, Amended 2-18-86, 7-20-94,
					 Formerly 10C-25.005, Repealed
					 9-30-99.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.008 - Determination of Cooperation; Determination of Noncooperation; Determination of Good Cause to Not Cooperate

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions.
(a) Definitions. As used in this section:
1. "Applicant" or "recipient" means an
				individual who has applied for or receives public assistance.
2. "Cooperation" means an applicant or
				recipient taking the actions identified in Section
				409.2572, F.S., as requested by
				the child support program, to assist in identifying and locating the parent who
				owes support; establishing paternity; establishing, modifying, and enforcing
				medical and financial support; and collecting support or other payments or
				property due from the parent who owes support.
3. "Department" means the Department of
				Revenue.
4. "Good cause to not
				cooperate" means a legally and factually sufficient reason to excuse the
				applicant or recipient from cooperation requirements as determined by the
				Department, after evaluating the applicant or recipient's written good cause to
				not cooperate claim, and other evidence available to the Department, in
				accordance with subsection (5) of this rule.
5. "Public assistance" means temporary cash
				assistance; food assistance received on behalf of a child under 18 years of age
				residing most of the time with only one parent or a nonparent caregiver; or
				money paid for foster care or Medicaid under Title IV-E and Title XIX of the
				Social Security Act, respectively.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.009 - Enforcement of Income Deduction in IV-D Cases Where No Income Deduction Order Currently Exists (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.2574 FS. Law Implemented
					 Chapter 48, 61.1301,
					 409.2557,
					 409.2574
					 FS.
New 10-20-86, Amended 6-17-92, 7-20-94, Formerly
					 10C-25.007, Repealed 5-9-13.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.010 - Immediate Income Deduction Orders (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026 FS. Law Implemented
					 61.1301,
					 61.181,
					 409.2574
					 FS.
New 6-17-92, Amended 7-20-94, Formerly 10C-25.0071,
					 Repealed 9-30-99.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.011 - Lottery Intercept

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to
				Section 24.115(4),
				F.S., the Department will intercept the Florida lottery prize of any obligor
				who owes past-due support and who claims or is awarded a lottery prize or a
				portion of a lottery prize equal to or greater than $600. The prize is applied
				toward any past-due support or costs owed by the obligor for a Title IV-D case,
				not to exceed the amount owed.
(2)
				Definitions. As used in this rule:
(a)
				"Obligor" means a person responsible for making payments pursuant to an order
				establishing, enforcing, or modifying an obligation for child support, spousal
				support, or for child and spousal support when enforced by the
				Department.
(b) "Past-due support"
				means the amount of support owed pursuant to an order for child support,
				spousal support, or for child and spousal support when enforced by the
				Department that has not been paid. Also included in past-due support are
				amounts owed to the Department for court or administrative costs.
(c) "Department" means the Department of
				Revenue.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.012 - Consumer Reporting Agencies

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Definitions. As used in this rule:
(a)
				"Consumer Reporting Agency, " also referred to as a "credit bureau" or a
				"credit reporting agency, " means a person who, for monetary fees, dues, or on
				a cooperative nonprofit basis, regularly engages in whole or in part in the
				practice of assembling or evaluating consumer credit information or other
				information on consumers for the purpose of furnishing consumer reports to
				third parties, and who uses any means or facility of interstate commerce for
				the purpose of preparing or furnishing consumer reports.
(b) "Delinquency" means the total amount of
				support that has come due and is unpaid pursuant to the payment schedule set
				forth in the support order as that term is defined by Section 61.046(21), F.
				S.
(c) "Overdue Support" means the
				amount of a delinquency, arrearage, or both, that is owed under a support order
				as that term is defined by Section 61.046(21), F. S.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.013 - Release of Information (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026 FS. Law Implemented
					 119.07,
					 409.2579
					 FS.
New 6-17-92, Amended 7-20-94, Formerly 10C-25.010, Repealed
					 5-9-13.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.014 - Federal Offset Program; Passport Denial; Secretary of the Treasury Full Collection Services

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions. As
				used in this rule:
(a) "Assignment" means an
				assignment of rights to support as a condition of eligibility for temporary
				cash assistance, foster care maintenance payments, or medical support as
				authorized by 45 CFR
				301.1.
(b) "Offset" means the complete or partial
				intercept of a federal income tax refund, rebate, or other federal
				payment.
(c) "Past-due support"
				means the amount of support determined under a court order, or an order of an
				administrative process established under Florida or another state's law, for
				support and maintenance of a child which has not been paid, regardless of
				whether the child is a minor, but does not include retroactive support only
				with no delinquent payments.
(d)
				"Department" means the Department of Revenue.
(e) "Obligee" means the person to whom
				support payments are made pursuant to a child support order.
(f) "Obligor" means a person who is
				responsible for making support payments pursuant to a child support
				order.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.016 - Child Support Guidelines (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026 FS. Law Implemented
					 61.30
					 FS.
New 6-17-92, Amended 7-20-94, Formerly 10C-25.013, Repealed
					 5-9-13.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.017 - Expedited Process (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026 FS. Law Implemented
					 Chapter 86-220, Section 127, L.O.F.
New 6-17-92, Amended 7-20-94, Formerly 10C-25.014, Repealed
					 5-9-13.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.018 - Liens

Current through Reg. 50, No. 138; July 16, 2024
(1) Lien on Vehicles. If there is an
				arrearage of $600 or more and a noncustodial parent owns or is purchasing a
				vehicle, a lien shall be sought by the Director of the IV-D agency. When a lien
				already exists, the first lienholder must be notified and requested to forward
				the title to the Department of Highway Safety and Motor Vehicles (DHSMV) for
				registration of the department as the subsequent lienholder. Pursuant to
				Section 319.24, F.S., the program shall
				request DHSMV to pursue any action on the title as prescribed in Section
				319.24, F.S. If there is no
				prior lien, and the noncustodial parent does not surrender the title, the
				district child support enforcement office shall compel the noncustodial parent
				to surrender the title. If the noncustodial parent divests himself or herself
				of the property and does so after the receipt of the notices, penalties and
				remedies shall be pursued as provided in Chapter 726, F.S.
(2) Release of lien on vehicle is as follows:
(a) If the department is the only lienholder
				and the arrears have been collected, the child support enforcement program
				shall notify the noncustodial parent and DHSMV of the lien
				satisfaction.
(b) If the department
				is listed as the first lienholder and the lien is satisfied with no other
				lienholder listed, the title shall be mailed to the vehicle owner and the IV-D
				agency shall notify DHSMV to issue a new title without the department as a
				lienholder.
(c) If the department
				is the second lienholder and only the debt to the first lien becomes satisfied,
				the title shall be sent to DHSMV by the first lienholder. DHSMV will then
				reissue the title showing the department as the first
				lienholder.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.019 - Judgments by Operation of Law (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026 FS. Law Implemented
					 61.14(6)(a), (6)(a)3. FS.
New 6-17-92, Amended 7-20-94, Formerly 10C-25.016, Repealed
					 5-9-13.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.020 - Genetic Testing (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026 FS. Law Implemented
					 409.2554,
					 409.2567,
					 742.12
					 FS.
New 6-17-92, Amended 7-20-94, Formerly 10C-25.017, Repealed
					 5-9-13.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.021 - Case Closure

Current through Reg. 50, No. 138; July 16, 2024
(1) Cases are
				closed in accordance with federal regulation
				45 CFR
				303.11, (June 9, 2020), incorporated herein
				by reference, effective 10-1-20, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-14347
).
				A copy may be obtained by writing to the Florida Department of Revenue, Child
				Support Program, Attn: Rules Coordinator, P.O. Box 8030, Tallahassee, Florida
				32314-8030.
(2) The IV-D agency
				must retain all records for all closed cases for a minimum of three
				years.
Rulemaking Authority
					 409.2557(3)(q)
					 FS. Law Implemented 409.2561
					 FS.
New 6-17-92, Amended 7-20-94, Formerly 10C-25.018, Amended
					 6-9-22.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.022 - Overpayment Recovery

Current through Reg. 50, No. 138; July 16, 2024
(1) For purposes of
				this rule:
(a) "Department" means the
				Department of Revenue or a contractor or a subcontractor when authorized by the
				Department of Revenue.
(b)
				"Overpayment" means the amount of a disbursement that is received by an obligee
				in a Title IV-D case that the obligee is not entitled to receive. The term
				includes, but is not limited to, a disbursement resulting from fraud or
				mistake, a disbursement made based on a non-sufficient funds instrument or
				electronic funds transfer, and a disbursement made from a collection that was
				partially or fully reversed by the Internal Revenue
				Service.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.023 - Suspension of Driver License; Suspension of Motor Vehicle Registration

Current through Reg. 50, No. 138; July 16, 2024
(1) Introduction. The purpose of driver
				license suspension is to obtain compliance with a support order, subpoena,
				order to appear, order to show cause, order to appear for genetic testing, or
				similar order.
(2) Definition. For
				purposes of this rule "delinquency" means the total amount of support that has
				come due and is unpaid pursuant to the payment schedule set forth in the
				support order.
(3) Suspension
				Criteria.
(a) The Department is authorized
				pursuant to Section 61.13016, F.S., to initiate a
				proceeding for the suspension of an obligor's driver license and the
				registration of all motor vehicles solely owned by the obligor when:
1. The obligor is 15 days delinquent in
				making a support payment, or
2. The
				obligor fails to comply with a subpoena, order to appear, order to show cause,
				or
similar order relating to paternity or support
				  proceedings.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.024 - Business or Professional License or Certification Suspension or Application Denial (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026 FS. Law Implemented
					 61.13015,
					 231.097,
					 231.28,
					 409.2598,
					 455.203,
					 559.79
					 FS.
New 7-20-94, Formerly 10C-25.021, Repealed
					 5-9-13.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.025 - Procurement of Legal Services (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.535,
					 409.026 FS. Law Implemented
					 409.2554,
					 409.2557
					 FS.
New 7-20-94, Formerly 10C-25.022, Repealed
					 5-9-13.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.026 - Central Depository Electronic Transmission of Information (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.026 FS. Law Implemented
					 61.181,
					 61.1811,
					 409.2557
					 FS.
New 7-20-94, Formerly 10C-25.023, Repealed
					 5-9-13.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.027 - Written Agreements for Payment of Past-Due Support

Current through Reg. 50, No. 138; July 16, 2024
(1) Scope. This rule establishes procedures
				for the department to settle enforcement actions in child support cases by
				entering into written agreements with support obligors for the payment of
				past-due support. The department may enter into such written agreements in
				accordance with this rule.
(2)
				Definitions.
(a) "Authorized representative"
				means a representative of the department's Child Support Enforcement Program
				authorized to complete and sign a written agreement.
(b) "Past-due support" means the amount of
				support determined under a support order established under state law for
				support and maintenance of a child, or of a child and the parent with whom the
				child is living, which has not been paid.
(c) "Written agreement" or "payment
				agreement" means an agreement entered into by the Department and an obligor
				that sets the terms for payment of past-due support.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.028 - Garnishment by Levy

Current through Reg. 50, No. 138; July 16, 2024
(1) Introduction.
				Section 409.25656, F.S., authorizes the
				Department to levy against the personal property of obligors who owe past-due
				support.
(2) Definitions. For
				purposes of this rule:
(a) "Account" includes
				demand deposits, time deposits, checking or negotiable withdrawal orders, money
				market funds, mutual funds and any other intangible property subject to
				garnishment under Florida law.
(b)
				"Current earnings" means earnings received by an obligor from any source:
1. Within 30-days preceding the date a Notice
				to Freeze is served on the custodian; and,
2. At any time during the period when a
				Notice to Freeze is in effect.
(c) "Custodian" means a person other than the
				obligor, including a business entity, who has control or possession of any
				personal property owned by, or owed to, an obligor.
(d) "Freeze" means a hold placed by a
				custodian on an obligor's personal property pursuant to a Notice to Freeze that
				prevents transfer or other disposition of the property from the time the notice
				is served on the custodian until the Notice to Freeze is released by the
				Department.
(e) "Levy action" means
				the garnishment procedure authorized by Section
				409.25656, F.S., beginning with
				a Notice to Freeze issued by the Department, and ending with termination of the
				Notice to Freeze or the Department's allocation of property received from the
				custodian when the Department issues a Notice of Levy.
(f) "Personal property" includes assets,
				credits, wages or other personal property owned by an obligor, or debts owed to
				an obligor, which are in the possession or control of a custodian.
(g) "Thrift Savings Plan" or "TSP" means a
				retirement savings and investment plan for Federal employees and military
				service members established by the Federal Employees' Retirement System Act of
				1986.