Lottery Intercept (+3 more)

12E-1.011 Lottery Intercept.

(1) No change.

(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) No change.

(3) Certification of Past-Due Support. The Department certifies all parents who owe a past-due amount for lottery intercept. Prior to the payment of a prize to any obligor owing past-due support, the Department of the Lottery will verify the information provided by the Department to determine if past-due support is owed. Upon the request of the Department of the Lottery, the Department will provide written certification that the obligor owes past-due support and specify the amount owed. Upon receipt of such written certification from the Department, the Department of the Lottery will transmit the prize money, not to exceed the amount certified as past-due support, to the Department.

(4) Notification of Intercept.

(a) The Department will notify the obligor by regular U.S. mail, that the prize money is being intercepted and will be applied to the balance of past-due support. The Notice of Intent to Deduct Lottery Winnings (CS-EF160), incorporated herein by reference, effective 07/22, (http://www.flrules.org/Gateway/reference.asp?No=Ref-14345) will be sent to the address provided by the obligor to the Department of the Lottery. The obligor may request an administrative hearing as set forth in Chapter 120, F.S., to contest a mistake of fact about the amount of past-due support or the identity of the obligor.

(b) If a petition for administrative hearing is not received within 21 days of receipt of the notice specified in paragraph (4)(a), the prize received from the Department of the Lottery will be applied to the obligor’s past-due support.

(c) To request an administrative hearing , the obligor will file a petition for an administrative hearing with the Department of Revenue, Child Support Program, Deputy Agency Clerk, P.O. Box 8030, Tallahassee, FL 32314-8030, within 21 days of receipt of this notice. If a petition for administrative hearing is not received within 21 days of receipt of this notice, the obligor will be considered to have waived the right to a hearing and the intercept will be applied to the obligor’s past-due support obligation. Administrative hearings will be conducted pursuant to Chapter 120, F.S.

(5) No change.

Rulemaking Authority 409.2557(3) FS. Law Implemented 24.115(4) History–New 6-17-92, Amended 7-20-94, Formerly 10C-25.008, Amended 1-23-03, 9-17-18, 11-12-20, 6-9-22 .

Substantial rewording of Rule 12E-1.032, F.A.C. follows. See Florida Administrative Code for present text.

12E-1.011 Lottery Intercept.

(1) No change.

(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 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 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) No change.

(3) Procedure.

(a) Pursuant to section 24.115, F.S., the Department transmits data to the Department of the Lottery identifying obligors who owe past-due support for the Department of the Lottery to compare with personally identifying information provided by claimants of prizes equal to or greater than $600.

(b) If the Department of the Lottery determines that a claimant is an obligor who owes past-due support, the Department of the Lottery notifies the Department. The Department then provides a completed Verification of Past Due Support Lottery Intercepts (CS-EF161) form to the Department of the Lottery that indicates the amount of past-due support owed or that the Department is withdrawing its claim against the claimant’s prize. Form CS-EF161, (HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-20269"http://www.flrules.org/Gateway/reference.asp?No=Ref-20269), is hereby incorporated by reference, effective 11/26.

(c) If the claimant owes past-due support as indicated on form CS-EF161, the Department mails the obligor a Notice of Intent to Deduct Lottery Winnings (CS-EF160) form, as specified in subsection (4).

(d) After receiving a form CS-EF161 from the Department confirming that the claimant owes past-due support, the Department of the Lottery withholds payment of the prize to the claimant and remits payment to the Department by check, up to the amount of past-due support.

(e) The Department holds the payment remitted by the Department of the Lottery until the proceeding is concluded. If the matter is uncontested or the Department prevails in a contested proceeding, the Department applies the payment to the child support case as a credit against past-due support and disburses the payment due. If the action is contested and the obligor prevails, the Department sends all or part of the payment to the obligor in accordance with the findings and conclusions in the final order.

(4) Notification of Intercept.

(a) The Department shall notify the obligor by regular U.S. mail, that the prize money is being intercepted and will be applied to the balance of past-due support. The Notice of Intent to Deduct Lottery Winnings (CS-EF160), hereby incorporated by reference, effective 07/22, (http://www.flrules.org/Gateway/reference.asp?No=Ref-14345), shall be sent to the address provided by the obligor to the Department of the Lottery. The obligor may request an administrative hearing as set forth in Chapter 120, F.S., to contest a mistake of fact about the amount of past-due support or the identity of the obligor.

(b) If a petition for administrative hearing is not received within 21 days of receipt of the notice specified in paragraph (4)(a), the prize received from the Department of the Lottery shall be applied to the obligor’s past-due support.

(c) To request an administrative hearing pursuant to Chapter 120, F.S., the obligor must file a petition for an administrative hearing with the Department of Revenue, Child Support Program, Deputy Agency Clerk, P.O. Box 8030, Tallahassee, FL 32314-8030, within 21 days of receipt of the notice. If a petition for administrative hearing is not received within 21 days of receipt of the notice, the obligor will be considered to have waived the right to a hearing and the intercept shall be applied to the obligor’s past-due support .

(5) No change.

Rulemaking Authority 409.2557(3) FS. Law Implemented 24.115(4) History–New 6-17-92, Amended 7-20-94, Formerly 10C-25.008, Amended 1-23-03, 9-17-18, 11-12-20, 6-9-22, .

Substantial rewording of Rule 12E-1.032, F.A.C. follows. See Florida Administrative Code for present text.

12E-1.032 Electronic Remittance of Support Payments.

HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-14350")

HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-20270" HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-20271" HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-20272"

Rulemaking Authority 61.1824(6), 409.2557(3)(o) FS. Law Implemented 61.1824(6) FS. History–New 5-31-07, Amended 9-18-08, 6-9-22 .

12E-1.032 Electronic Remittance of Support Payments.

(1) Section 61.1824(6), F.S., provides for the electronic remittance of support payments deducted by an employer pursuant to an income deduction order or income deduction notice and the electronic submission of associated case data to the State Disbursement Unit. An employer who needs information or assistance may contact the State Disbursement Unit at fl.smartchildsupport.com or 1(888)883-0743.

(2) Definitions. As used in this rule:

(a) “Addenda record” means information required by the Department in an Automated Clearing House Credit or “ACH credit” transfer that is needed to completely identify an employee or provide information concerning a payment, in an approved electronic format.

(b) “Associated case data” means support payment information required to be submitted to the State Disbursement Unit pursuant to Title IV-D of the Social Security Act.

(c) “Automated Clearing House” or “ACH” means a central distribution and settlement point for the electronic clearing of debits and credits between financial institutions rather than the physical movement of paper items.

(d) “Automated Clearing House Credit” or “ACH credit” means the electronic transfer of funds initiated by the employer, cleared through the ACH for deposit to the State Disbursement Unit.

(e) “Automated Clearing House Debit” or “ACH Debit” means the electronic transfer of funds initiated by the State Disbursement Unit, cleared through the ACH for deposit to the State Disbursement Unit.

(f) “Department” means the Florida Department of Revenue.

(g) “Employer” means a person, business, or organization that pays one or more workers to perform a service or engage in an activity in exchange for financial compensation.

(h) “Employer’s designated child support payment processor” or “employer’s processor” means a financial institution or business used by the employer to provide ACH support payment services.

(i) “National Automated Clearing House Association” or “NACHA” means the national trade association for electronic payments associations that establishes the rules, industry standards, and procedures governing the exchange of commercial ACH payments by depository financial institutions.

(j) “State Disbursement Unit” or “SDU” means the single unit in the state that receives and processes support payments pursuant to Section 61.1824, F.S.

(3) Employers or employers’ processors electronically submitting support payments and associated case data may remit payments using ACH Credit or ACH Debit.

(4) Procedures for ACH Credit.

(a) The employer or employer’s processor must contact the employer’s financial institution and arrange remittance of the support payment to the State Disbursement Unit by ACH credit.

(b) For the employer to establish ACH payments directly to the State Disbursement Unit, the employer or the employer’s processor must contact the SDU at fl.smartchildsupport.com and provide the information in paragraph (4)(c) of this rule. The State Disbursement Unit shall compare the information provided by the employer or the employer’s processor with identifying information in the SDU’s system. Identifying information submitted by the employer or the employer’s processor must match the identifying information in the SDU’s system. The SDU shall work with the employer to resolve any discrepancies.

(c) The employer or the employer’s processor must provide the SDU with the following information for each employee for whom payments will be remitted:

1. Employee’s first and last name;

2. Employee’s Social Security Number;

3. County where the support order was entered as stated in the income withholding order;

4. Remittance ID as stated in the income withholding order; and

5. Payment amount to be remitted for the employee.

(d) When the information provided in paragraph (4)(c) matches the information in the SDU’s system, the SDU shall provide the employer or the employer’s processor with the SDU’s banking information. The employer must complete a prenotification test before electronic remittance of support payments begins.

(e) Neither the State Disbursement Unit nor the Department will pay for expenses incurred by the employer or employer’s processor to use ACH credit.

(f) All ACH credit transactions must be in the NACHA Cash Concentration and Disbursement Plus (CCD+) or NACHA Corporate Trade Exchange (CTX) format containing an Accredited Standards Committee (ASC) X12 820 Payment Order/Remittance Advice Transaction Set with associated addenda records for child support. The required NACHA guidelines and formats for electronic remittance and associated case data are contained in the User Guide For Electronic Child Support Payments, Using The Child Support Application Banking Convention, Version 9.0, revised February 24, 2017, hereby incorporated by reference, (HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-14350"http://www.flrules.org/Gateway/reference.asp?No=Ref-14350). A copy of the NACHA guidelines may be obtained at fl.smartchildsupport.com. The employer, the employer’s financial institution, or the employer’s processor providing ACH services may contact the State Disbursement Unit at fl.smartchildsupport.com for assistance in implementing the required formats, standards, and technical requirements.

(g) The employer or employer’s processor may combine payments from more than one employee into a single payment, provided the employer or the employer’s processor identifies the amount withheld for each employee.

(5) Procedures for ACH Debit.

(a) The employer or employer’s processor must contact the State Disbursement Unit at fl.smartchildsupport.com to create an account using the employer’s name, Employer Identification Number (EIN), and contact information.

(b) The employer or employer’s processor must register a bank account and complete a micro deposit validation to verify the bank account.

(c) The employer or employer’s processor must provide the SDU with the information stated in paragraph (4)(c) for each employee for whom payments will be remitted, select a payment frequency and date, and authorize deductions from the registered bank account.

(d) The employer or employer’s processor may contact the SDU at 1(888)883-0743 for assistance with the actions required to remit support payments through ACH Debit.

(6) Remittance or Transmission Problems.

(a) If the employer or the employer’s processor incorrectly submits associated case data or incorrectly remits support payments, the employer or the employer’s processor must contact the SDU at 1(888)883-0743 for specific instructions within one business day after the error is discovered.

(b) The State Disbursement Unit shall review payment errors and associated case data problems reported under paragraph (6)(a) of this rule, determine the course of action to correct errors, and process the information and payment as able.

(c) The State Disbursement Unit shall contact the employer or employer’s processor as needed to correct errors identified by the SDU.

(7) The employer or employer’s processor must remit payments within two business days after the date the employee is paid.

(8) Waiver From Electronic Filing Requirements. To request a waiver from the requirement to remit payments electronically, the employer must complete and submit the Electronic Remittance of Child Support Payments Request for Waiver (CS-FM42). Form CS-FM42, (HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-20270"http://www.flrules.org/Gateway/reference.asp?No=Ref-20270), is hereby incorporated by reference, effective 11/26. The Department reviews written requests and responds to requesters using the Electronic Remittance of Child Support Payments Waiver Approval (CS-FM43) or Electronic Remittance of Child Support Payments Waiver Denial (CS-FM47) notice. Form CS-FM43, (HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-20271"http://www.flrules.org/Gateway/reference.asp?No=Ref-20271), is hereby incorporated by reference, effective 11/26. Form CS-FM47, (HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-20272"http://www.flrules.org/Gateway/reference.asp?No=Ref-20272), is hereby incorporated by reference, effective 11/26.

(9) Members of the public may obtain a copy of the forms used in this rule chapter, incorporated by reference, without cost, by writing to the Department of Revenue, Child Support Program, Attn: Forms Coordinator, P.O. Box 8030, Tallahassee, Florida 32314-8030.

Rulemaking Authority 61.1824(6), 409.2557(3)(o) FS. Law Implemented 61.1824(6) FS. History–New 5-31-07, Amended 9-18-08, 6-9-22, .