t'cililrj 91 1393 Miii...t'cililrj 91 1393 Miii I K 1 6 a Depaitment of Revenue Rules 12E-1.0052,...

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February 11,2016 ;yA. 7^

Ms. Jamie L. Jackson Senior Attorney Joint Administrative Procedures Committee Room 680, Pepper Building Tallahassee, Florida 32399-1400

Re: Department of Revenue Rules 12E-1.0052, .029, .031, and .036, F A.C.

Dear Ms. Jackson:

Enclosed is a matrix containing your January 7,2016, comments to the above- referenced proposed rules and the Department's responses. Revised text is included on the matrix where applicable. Also enclosed are forms revised in response to your comments with changes highlighted.

Please let us know if our responses and proposed changes adequately address your comments. The Department's contact person is Douglas Sunshine at (850) 717-6536. We would be happy to meet with you or schedule a call to resolve any remaining issues. Thank you for your review and comments on these materials.

Sincerely,

Andrea Moreland Deputy Executive Director

DEPARTMENT OF REVENUE

Executive Director Marshall Stranburg

Child Support Enforcement-Ann Coffin, Director e General Tax Administration - Maria Johnson, Director Property Tax Oversight - Howard Moyes, Intenm Director • Information Services - Damu Kuttiknshnan, Director

www.myflorida.com/dor Tallahassee, Florida 32399-0100

Joint Administrative Procedures Committee Comment Response

Row# Reference Proposed Rule Language JAPC Comment Response Revised Text 1 12E-1 0052 12E-1 0052 Unidentifiable Payments The Department proposes to amend the title of this rule to

conform with its proposed change in reference from "unidentifiable collection" to "unidentifiable payment" Section 409 2558(4), Florida Statutes, authorizes the Department to establish procedures for identifying unidentifiable collections Although the Department may include the alternative naming, it appears that it may be confusing to change the statutorily defined terminology without providing a reference to the statutory terminology in

See revised definition in 12E-1 0052(2)(d) that now references the statutory terminology (row 2)

2 12E-1 0052(2)(d) (d) "Unidentifiable payment" means a payment received by the Department, including the State Disbursement Unit, for which the Department cannot identify the intended recipient or remitter

Please see the comments above for rule 12E-1 0052 In addition, it appears that the definition for "unidentifiable payment" alters the statutory definition of "unidentifiable collection" found in section 409 2554(15), Florida Statutes

The Department will revise the definition to include a reference to the statutory definition of unidentifiable collection

fdl "Unidentifiable Davment" means "unidentifiable collection" as defined bv section 409 2554(15). Florida Statutes, and includes including a payment received by the Department, including the State Disbursement Unit, for which the Department cannot identify the intended recipient or remitter

3 12E-1 029(1)(b) (b) At a minimum, the Financial Institution Data Match Election Form Memorandum of Aareoment specified in paragraph (a) above shall identify the records that will be compared, tho methods of accomplishing the record comparisons, the methods for electronic or other transmission of records between the Department and the financial institution, fees to be paid to the financial institution for services provided, and the financial institution's contact persons The financial institution's electronic files containing data match records shall be prepared according to the specifications prescribed by the Federal Office of Child Support Enforcement's Financial Institution Data Match Specifications Handbook (http //www flrules ora/Gatewav/reference asp?No=Ref-

). incorporated herein bv reference, effective XX/XX

http //www acf dhhs gov/programs/cso/fct/fidm/dataspecs p df

It appears that the portion of this paragraph that sets forth the contents found in the Financial Institution Data Match Election form is duplicative of the actual incorporation of that form found in paragraph (l)(a) of this rule Should the Department intend to repeat the contents of the form in the narrative portion of the rule, it should ensure that all elements are enumerated It appears that the form requires the establishment of what is referred to as a "match schedule" and this requirement is not included in the rule text Please review and revise as necessary

Additionally, the Department included a place holder date for the incorporated document entitled the, "Financial Institution Data Match Specifications Handbook", however, the document provided features an edition date of August 3, 2010 This date should be utilized in the rule to identify the specific version of the document being incorporated unless the Department intends to remove this date from the document and insert a new date to coincide with that in rule Please revise as necessary

The Department will delete the first sentence of paragraph (1)(b)

The Department will change the second sentence of paragraph (1)(b) by adding the words "edition dated August 3, 2010" after "Financial Institution Data Match Specifications Handbook"

(b) At a minimum, the Memorandum of Agreement specified in

compared, the methods of accomplishing the record comparisons, the methods for electronic or other transmission of records be&veen the Department and tho financial institution, foos te-bs-paid to the financial institution for services provided, and tho financial institution's contact persons The financial institution's electronic files containing data match records shall be prepared according to the specifications prescribed by the Federal Office of Child Support Enforcement's Financial Institution Data Match SDecifications Handbook edition dated Auaust 3. 2010 fhttD //www flrules ora/Gatewav/reference asD?No=Ref- ). incorporated herein bv reference, effective XX/XX Members of

http //www acf dhhs gov/programs/cso/fct/fidm/dataspecs pdf

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Depaitment of Revenue Rules 12E-1.0052, .029, .031, and .036 2/16/2016 1


Row# Reference Proposed Rule Lanquaqe JAPC Comment Response Revised Text 4 12E-1 031 Rulemaking Authority 409 2557(3)0) F S Law Implemented

61 17, 409 25635 F S History-New Rulemaking Authority It appears that section 409 25635(9), Florida Statutes, should be cited as rulemaking authority for this rule

The Department will add the reference cited and section 61 13(1)(b)7, F S

Rulemakina Authoritv 61 13(1)(b)7. 409 2557(3101. 409 25635(91 FS Law Implemented 61 17,409 25635 F S History-New

5 12E-1 031(2) (a) "Noncovered Medical Expenses" means reasonable and necessary uninsured medical, dental, or prescription medication expenses ordered to be paid on behalf of a child, including insurance deductibles and co-payments, pursuant to Section 61 13(1)(b), F S , or a similar law of another state

Section 409 25635(1), Florida Statutes, specifically defines the term "non-covered medical expenses" As such, it appears duplicative to include a definition in a rule Further, the definition in the proposed rule amends the statutory definition by adding that non-covered medical expenses must be "reasonable and necessary" See§ 120 52(8)(c), Fla Stat Further, assuming the Department has the authority to amend the statutory definition, how does the Department determine medical expenses to be "reasonable and necessary'" See § 120 52(8)(d), Fla Stat Please review and advise

The Department will delete the definition and renumber paragraphs (2)(b)-(c) as (2)(a)-(b)

/ " M / * » > * » M p r f i p o i P y r t p f l P P Q " m P O F l P f t o 4 (idj itunuuvci cu mCtttvCn tApcrtoctr rticctno roctowncwto CHIKJ

ovftoncQf mrrloroH f/~» ho nplH fin hpholf flf A rhllH infill iHlfin CAUvl IvlCO vrUvrvu tt7 L/L. pCtttr Ul i UCIIOI1 U1 u Orttttty tnoTwatny insurance deductibles and co payments, pursuant te Section 61 13(1 )(b), F S , or a similar law of another state (ab) "Obligee" means the person to whom support payments are made pursuant to a child support order (bo) "Obligor" means a person who is responsible for making support payments pursuant to a child support order

6 12E-1 031(3)(c) The expenses are reasonable and necessary Please see the comments above for rule 12E-1 031 (2)(a) The Department will revise the text to delineate what constitutes reasonable and necessary expenses, which are implicit elements of reimbursable noncovered medical expenses The statute is permissive and allows the Department to determine cases in which the Child Support Program can establish the expense reimbursement amount owed to the obligee and use compliance remedies to collect these expenses Courts have long interpreted the court ordered provision of payment of noncovered medical expenses to include the requirement that the expenses must be reasonable and necessary Armstrong v Armstrong, 623 So 2d 1216 (Fla 4th DCA 1993)(Order requiring obligor to pay children's future medical expenses must be limited to reasonable and necessary medical expenses), Patterson v Cuervo, 683 So 2d 205 (Fla 3rd DCA 1996)(lt is implicit in trial court's award that medical expenses be reasonable and necessary), Schellhammer v Schellhammer, 687 So 2d 987 (Fla 5th DCA 1997) (Noncustodial parent could not be compelled to pay for half of children's elective medical expenses) Similar language is found in Supreme Court approved Family Law fianl judgment forms for collection of noncovered medical expenses and is often a provision of orders the Department enforces See Section V 4 b of Florida Supreme Court Approved Family Law Form 12 990(c)(1), Section II 4 b of Form 12 983(g), and Section II 4 b of Form 12 994(a)

The exDenses are reasonable and necessarv based on the specific lanauaae in the suooort order, the nature of the expense, and whether it is medicallv necessarv as determined bv a phvsician or other healthcare provider

Department of Revenue Rules 12E-1.0052, .029, .031, and .036 2/16/2016 2


Row# Reference Proposed Rule Language JAPC Comment Response Revised Text 7 12E-1 031 (3)(d) The obligee has tried at least once to collect the amount

owed from the obligor and provides the Department with a copy of the written document used to attempt to collect the amount from the obligor

It appears that the requirements for the collection of a non-covered medical expense are statutorily set forth in section 409 25635(2)(a)-(c), Florida Statutes While the Department has the authority to implement this statute, it appears that the Department has proposed further substantive qualifications that must be met in order for the Department to consider something to be a valid non-covered medical expense See § 120 52(8)(c), Fla Stat Please review and advise how this paragraph comports with the statute being implemented

The language in (3)(d) does not determine validity of a noncovered medical expense The requirement merely provides that the obligee must give the obligor notice of the expenses and the opportunity to pay the obligor's proportionate share before requesting the Department's services under s 409 25635, F S A similar provision is found in Supreme Court approved Family Law final judgment forms for collection of noncovered medical expenses and is often a provision of orders the Department enforces, See Section V 4 b of Florida Supreme Court Approved Family Law Form 12 990(c)(1), Section II4 b of Form 12 983(g), and Section II 4 b of Form 12 994(a) The Department's authority under s 409 25635(2), F S is permissive which allows the Department to determine the manner in which to proceed The text is revised to incorporate and clarify the exception in (3)(h), which will hp rlplptpH /rrp rpnnnse in row 111

The obligee has tried at least once to collect the amount owed from the obligor and provides the Department with a copy of the written document used to attempt to collect the amount from the obliaor unless the obligee has reason to believe contacting the obligor mav result in ohvsical or emotional harm to themself. to the child or both

8 12E-1 031(3)(e) The obligee has not received services from the Department to determine and collect noncovered medical expenses for the same case within the last six months

Please see the comments above for rule 12E-1 031 (3){d) Additionally, it is unclear what is meant by "same case" in this paragraph (i e does this refer to the same non-covered medical expense that is attempted to be collected or just the same child')

The language in (3)(e) does not determine validity of a noncovered medical expense The statutory authority is permissive which allows the Department to determine the time, frequency, and manner in which to proceed The statute is a supplemental remedy and does not preclude the obligee from collecting these expenses civilly or otherwise Because the determination and collection of noncovered medical expenses is time and labor intensive, a reasonable limit on the frequency of when services will be provided is appropriate Clarification added by changing "same case" to "same support

The obligee has not received services from the Department to determine and collect noncovered medical expenses for the same suDDort order ease within the last six months

9 12E-1 031 (3)(f) The last or only child on the case did not emancipate more than 24 months ago


The language in (3)(f) does not determine the validity of a noncovered medical expense The statutory authority is permissive which allows the Department to determine the time, frequency, and manner in which to proceed The Department seeks to exercise its discretion by establishing a reasonable time limit to prevent stale claims Section 409 25635, F S , is a supplemental remedy and does not preclude the obligee from collecting these expenses on their own civilly or otherwise

None

10 12E-1 031 (3)(g) The medical expenses are equal to or less than 24 months old


The language in (3)(g) does not determine the validity of a noncovered medical expense Please see the response above for 12E-1 031 (3)(f) (row 9)

None

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Row# Reference Proposed Rule Lanquaqe JAPC Comment Response Revised Text 11 12E-1 031(3)(h) The Department does not require the obligee to make a

collection attempt if the case has a Family Violence Indicator (FVI) against either parent

Please see the comments above for rule 12E-1 031(3)(d) Additionally, this paragraph does not maintain the same parallel structure as the paragraphs that precede it (i e , (3)(a)-(g) are exceptions to when the Department will collect non-covered medical expenses and this paragraph is an exception to one of the above exceptions) Please review

The Department will delete paragraph 12E-1 031 (3)(h) The contents of 12E-1 031 (3)(h) will be reworded and incorporated into 12E-1 031 (3)(d) (row 7)

See reworded provision (3)(d) above (row 7)

12 12E-1 031(4)(a) If the case meets the criteria in subsection (3) upon request, the Department will send the obligee, by regular mail, the Instructions for Repayment of Medical Expenses Not Covered by Insurance (CS-EF204) (http //www flrules org/Gateway/reference asp?No=Ref-

), incorporated herein by reference effective XX/XX

Incorporated Material-Instruction for Repayment of Medical Expenses Not Covered by Insurance CS-EF205

This form includes the requirements that proof must be submitted of the attempt to obtain payment from the owing parent, that the non-covered expense must be less than 2 years old, and that only one determination will be made in a 6 month period per case Please see the comments above for rule 12E-1 031(3)(d)

We believe you are referencing form CS-EF204

The requirements in the form do not determine the validity of a noncovered medical expense Please see the responses above for 12E-1 031 (3)d, (3)(e), and (3)(f) (rows 7, 8, and 9)

None

13 12-E-1 031(4)(e) The obligee may only include medical expenses that are equal to or less than 24 months old

It appears that the requirements for the collection of a noncovered medical expense are statutorily set forth in section 409 25635(2)(a)-(c), Florida Statutes While the Department has the authority to implement this statute, it appears that the Department has proposed further substantive qualifications that must be met in order for the Department to consider something to be a valid non-covered medical expense See § 120 52(8)(c), Fla Stat Please review and advise how this

The language in (4)(e) does not determine the validity of a noncovered medical expense Please see the comments above for 12E-1 031(4)(a) (row 12)

None

14 12-E-1 031 (5)(e)2 The payment date of the expense must be within 24 months of the date the obligee signed the form CS-EF205


The language in (5)(e)2 does not determine the validity of a noncovered medical expense Please see the response above for 12E-1 031 (3)(f) (row 9)

None

Department of Revenue Rules 12! .-1.0052, .029, .031, and .036 2/16/2016 4


Row# Reference Proposed Rule Language JAPC Comment Response Revised Text 15 12-E-1 031 (5)(f)8 The expense was paid more than 24 months before the

obligee signed the Statement of Medical Expenses Not Covered by Insurance (CS-EF205)


The language in (5)(f)8 does not determine the validity of a noncovered medical expense Please see the response above for 12E-1 031 (3)(f) (row 9)

None

16 12-E-1 031 (5){f)12 The expense is not reasonable and necessary Section 409 25635(1), Florida Statutes, specifically defines the term "non-covered medical expenses" As such, it appears duplicative to include a definition in a rule Further, the definition in the proposed rule amends the statutory definition by adding that non-covered medical expenses must be "reasonable and necessary" See§ 120 52(8)(c), Fla Stat Further, assuming the Department has the authority to amend the statutory definition, how does the Department determine medical expenses to be "reasonable and necessary?" See § 120 52(8)(d), Fla Stat Please review

Please see the response above for 12E-1 031(3)(c) (row 6) The exDenses are not reasonable and necessarv based on the specific language in the support order, the nature of the expense.


Please see the response above for 12E-1 031(3)(c) (row 6)

and whether it is medicallv necessarv as determined bv a



physician or other healthcare provider



17 12-E-1 031 (5)(f)13 The obligee did not initially try to collect the expense payment directly from the obligor


The language in (5)(f)13 does not determine the validity of a noncovered medical expense Please see the response above for 12E-1 031 (3)(d) (row 7)

None

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Department of Revenue Rules 12E-1.0052, .029, .031, and .036 2/16/2016

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Row# Reference Proposed Rule Lanquaqe JAPC Comment Response Revised Text 18 12E-1 036 FS Law Implemented 409 256 FS Law Implemented It appears that section 409 2563, Florida

Statutes should be added as a law implemented The Department will add cite Law Imolemented 409 256 and 409 2563 FS

19 12E-1 036(2)(b),passim

(b) "Alleged Father" means an individual who is or may be the biological father of a child whose paternity has not been established

It appears that the Department has inserted the use of "alleged father" to refer to what is statutorily defined as a "putative father" Although the Department may include the alternative naming, it appears that it may be confusing to change the statutorily defined terminology without providing a reference to the statutory terminology in the rule Please review and advise Additionally, the definition appears to substantively differ from that provided for in statute, See section 120 52(8)(c), Fla Stat Please review and advise

The term "putative" father will be added to the definition for alleged father For purposes of plain language, the Department uses the term "alleged" in place of "putative"

fbl "Alleaed Father" means "Putative Father" as defined bv section 409 256(1 )fa). Florida Statutes, which is an individual who is or may be the biological father of a child whose paternity has not been established and whose mother was unmarried when the child was conceived and born

20 12E-1 036(2)(e) (e) "Genetic testing" means a scientific analysis of genetic markers conducted by a qualified laboratory to either exclude an individual as a biological parent or to show a statistical probability that the alleged father is the child's

It appears that the definition for "[g]enetic testing" is duplicative of and alters the statutory definition found in section 409 256(1 )(d), Florida Statutes

The Department will delete the definition (o) "Genetic testing" moans a scientific analysis of genehe-

21 12E-1 036(2)(f) (f) "Good cause" means the person scheduled for genetic testing had a good reason why they missed the appointment

This definition of "good cause" defines the term as a "good reason " This definition appears to be vague and lacks direction to the Department as to how to determine what is sufficient See §120 52(8)(d), Fla Stat Please review and

The Department will revise the definition (f) "Good cause" means the person scheduled for genetic testing had a aoed reason whv thov missed the appointment for reasons bevond their control

22 12E-1 036(2)Q) 0) "Paternity proceeding" means an administrative action taken by the Department to order genetic testing and establish paternity

It appears that the definition for "[p]aternity proceeding" is duplicative of and alters the statutory definition found in section 409 256(1)(f), Florida Statutes

The Department will delete the definition (l) "Paternity proceeding" means an administrative action taken by tho Department to order genetic testing and establish paternity

23 12E-1 036(2)(m) (m) "Rendered" means the completed act of assigning a unique number and mailing copies of the Final Order to the parties and the clerk of court

It appears that the definition for "[r]endered" is duplicative of and alters the statutory definition found in section 409 256(1)(i), Florida Statutes

The Department will delete the definition (m) "Rendered" means the complotod act of assigning a unique

Department of Revenue Rules 12E-1.0052, ,029, .031, and .036 2/16/2016 6


Row# Reference Proposed Rule Language JAPC Comment Response Revised Text 24 12E-1 036(3)(a)2 2 No father's name appears on the child's birth certificate

or the person named on a birth certificate prior to July 1, 1997, is the alleged father named in the paternity declaration or affidavit,

Please provide the Department's authority to set forth a January 1,1997, exception date

Effective July 1,1997, section 742 10, F S , was amended by Chapter 97-170, s 70, Laws of Florida to provide "a signed voluntary acknowledgement of paternity shall constitute an establishment of paternity and may be challenged in court only on the basis of fraud, duress, or material mistake of fact " Before this date it is questionable whether a father's name on the birth certificate establishes paternity

None

25 12E-1 036(3)(b)1 1 The child's birth certificate lists the mother as married regardless of her marital status when the child was born

Although section 409 256(2)(a), Florida Statutes, sets forth the requirements that must be met for the Department to commence a paternity proceeding, this rule proposes to adopt certain substantive exceptions to the statutory requirements This subparagraph appears to alter the statutory requirement that the mother not be married when the child was conceived or born by adding that the mother cannot be listed as married on the birth certificate regardless of her marital status when the child was born See § 120 52(8)(c), Fla Stat Please review and advise

The Department will modify the criteria 1 The child's birth certificate lists the mother as married

26 12E-1 036(3)(b)4 4 The alleged father or mother is a minor Although section 409 256(2)(a), Florida Statutes, sets forth the requirements that must be met for the Department to commence a paternity proceeding, this rule proposes to adopt certain substantive exceptions to the statutory requirements Please provide the Department's authority to adopt this exception to section 409 256(2)(a)

The proposed rule does not adopt "certain substantive exceptions to the statutory requirements" The Department's authority to commence a paternity proceeding is permissive under s 409 256(2), F S , and the Department is defining which cases will proceed administratively Cases that do not meet the selection criteria for the administrative process will be handled by Department in circuit court as appropriate under Chapter 742, F S Section 409 256, F S , is a supplemental remedy as provided by section 409 265(16), F S

None



Row# Reference Proposed Rule Language JAPC Comment Response Revised Text 27 12E-1 036(3)(b)6 6 The child is in foster care Please see the comment above for rule 12E-1 036(3)(b)4 Please see response to 12E-1 036(3)(b)4 (row 26) Child support

for children in foster care and dependency cases is determined under section 39 521(2)(s), Florida Statutes, filed by the Department of Children and Families

None

28 12E-1 036(3)(b)7 7 The Department has approved a good cause claim for non-cooperation

Please see the comment above for rule 12E-1 036(3)(b)4 The Department will remove the criteria and renumber wu[2Ci aiici i

29 12E-1 036(3)(b)8 8 The Department plans to close the case Please see the comment above for rule 12E-1 036(3)(b)4 Additionally, it is unclear how the Department would implement this exception and how it would exercise its discretion to close a case See §120 52(8)(d), Fla Stat

The Department will remove the criteria and renumber

30 12E-1 036(3)(b)9 9 There is a family violence indicator on the case Please see the comment above for rule 12E-1 036(3)(b)4 Please see response to 12E-1 036(3)(b)4 (row 26) None 31 12E-1 036(5)(a)1 (a) Notice of Proceeding to Establish Paternity or Paternity

and Administrative Support Requirements Incorporated Material-Notice of Administrative Proceeding to Establish Paternity, CS-OP01

The Department will revise the form to add an explanation of the optional fields which contain required language Accents added to page 4

See enclosed revised form CS-OP01

Section 409 256(4)(a) sets forth the required contents of this notice It appears that the requirements in subparagraphs (4)(a)4 -5 as well as in the flush left language that follows subparagraph (4)(a)13 that begins with, "A notice under this paragraph " are not included within the incorporated form Please review and advise

The Department will revise the form to add an explanation of the optional fields which contain required language Accents added to page 4

Page 4, Spanish language translation Accents are needed for the words pagina and Ingles (located within the text)

32 12E-1 036(5)(b) (b) The Department sends a Notice of Genetic Testing Appointment form (http //www flrules org/Gateway/reference asp?No=Ref-

), CS-OP05 effective XX/XX/XX and incorporated by reference, by regular mail to the mother or caregiver The CS-OP05 informs the mother or caregiver where and when to appear to provide a sample for genetic testing, and it also informs the mother or caregiver to bring the children named on the form to be tested

Incorporated Material-Notice of Genetic Testing Appointment CS-OP05 This form includes the information that if a custodial parent/caregiver does not report to the appointment without notifying the Department the Department "may tell" DCF that the parent/caregiver is uncooperative It appears in the rule text that this reporting to DCF shall occur Please review to conform with the rule text or revise as necessary

Additionally, the form states what actions will be taken regarding the parent's/caregiver's benefits Is it the Department's authority to implement possible sanctions of benefits in these cases? If this is included as an informational cross reference, a citation to the appropriate statute should be included Please review and advise

The Department will revise the form to replace the word "may" with the word "will"

The Department has no authority to implement sanctions of public assistance benefits That authority lies with the Department of Children and Families Pursuant to section 409 2572(3) F S the Department is required to report noncooperation to Department of Children and Families DCF's authority to impose sanctions is provided by section 414 32(1), F S This cross reference has been added to the CS-OP05 form and the language clarified

See enclosed revised form CS-OP05



Row# Reference Proposed Rule Lanquage JAPC Comment Response Revised Text 33 12E-1 036(6)(a)1 Notice of Conclusion of Discussion Review Administrative

Paternity Proceeding Please conform the title of the incorporated material with that featured on the form itself Incorporated Material Notice of Conclusion of Informal Discussion Adminitratie Paternity Proceeding CS-OA32 It is unclear from the structuring of this auto-populated form whether the prompt in Option 4 on the second page of the hard copy of this form would be included in this form If so, it appears that the period within which a person may request an administrative hearing should be 15 days

The Department will revise the form Title and make other suggested corrections

See enclosed revised form CS-OA32

34 12E-1 036(8)(a) (a) If the mother or caregiver does not appear, the Department will verify the reason and schedule a second genetic testing sample collection if the mother or caregiver agrees to submit to genetic testing The Department will tell the mother or caregiver of the new sample collection date using the Notice of Genetic Testing Appointment form, CS-OP05 If the mother or caregiver does not appear at the second test or refuses to submit, and the mother or caregiver is not on public assistance, the Department will begin action to close the case If the mother or caregiver receives public assistance, the Department will report him or her to the Department of Children and Families for

The Department indicates that it will refer parents/caregivers who receive public assistance to DCF for possible sanctions of benefits Is it the Department's authority to implement possible sanctions of benefits in these cases? If not, it appears misleading to include the implementation of authority vested with DCF in this rule Please review and advise

Please see response to 12E-1 036(5)(b) (Row 32) See enclosed revised form CS-OP05

35 12E-1 036(8)(b) The alleged father must present this form to the Department of Highway Safety and Motor Vehicles within 30 days after the date on the Driver License/Vehicle Registration Reinstatement Notice to have his driver license and vehicle registration reinstated

Incorporated Material -Driver License Vehicle Registration Reinstatement Notice This form includes the requirements and directions for reinstatement of a driver license and/or vehicle registration It omits the requirement that this must be completed within 30 days of the date of the notice Please review and consider revision to include this pertinent information

Proposed rule text revised to eliminate the 30 day requirement The alleged father must present this form to tho Department of Highway Safety and Motor Vehicles within 30 days aftor tho date on tho Driver Licence/Vehicle Registration Reinstatement Notice

36 12E-1 036(9)(a) (a) A laboratory under contract with the Department performs genetic testing of the samples and notifies the Department of the results If the genetic testing results show a statistical probability of 99% or greater that the alleged father is the biological father the Department will issue a Proposed Order of Paternity, issue a Proposed Administrative Paternity and Support Order, or refer the proceeding to the Division of Administrative Hearings without issuing a Proposed Administrative Paternity and Support Order if the Department determines that an evidentiary hearing is appropriate to determine the respondent's income

Is the list of actions that the Department may take duplicative of the specific direction provided in subsection (10) of this rule? It appears that these provisions may overlap Please review and advise

The Department will revised to delete subsection (10) and renumber subsections

! I J J I A h J ; ) ( ) A l l A T A 9 ! ' l A i l v m i l J I N i i " I ' T "

the genetic tost shows a statistical probability of 99% or greater

one of two ways It may issue a Proposed Order of Paternity, CS OP30, as provided in paragraph (9)(a), or if appropriate, may

nhhmfinn WngCcttwtT

(104-) Proposed Order of Paternity

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Row# Reference Proposed Rule Lanquage JAPC Comment Response Revised Text 37 12E-1 036(9)(b)3 3 Send the mother, caregiver, or other state a copy of the

Results of Genetic Testing form (http //www flrules org/Gateway/reference asp'No=Ref-

), CS-PO07b effective XX/XX/XX and incorporated by reference, by regular mail The CS-PO07b informs the addressee the results of the genetic test If genetic testing results indicate less than a 99% probability that the alleged father is the biological father, it states that alleged father is not the biological father of the child named in the notice

Incorporated Materials-Results of Genetic Testing CS-PO07b Please provide the Department's authority to impose these requirements on parents/caregivers Additionally, please see the comment above for rule 12E-1 036(8)(a)

The Department's authority is provided by section 409 2572(1 )(b) and (h), F S Also, please see response to 12E-1 036(5)(b) (row 32) The Department will revise the form

See revised form CS-PO07b

38 12E-1 036(9)(b)4 4 Contact the mother or caregiver if he or she is on public assistance to find out if there is another possible father If the mother or caregiver claims there is another possible father or fathers, the Department will have the mother or caregiver complete a Paternity Declaration, CS-P034 If he or she does not cooperate and receives public assistance, the Department will report the person to the Department of Children and Families for sanctions If the mother or caregiver does not receive public assistance and does not provide the name of an alleged father, the Department will dismiss the administrative proceeding and close the case

Please provide the Department's authority to impose these requirements on parents/caregivers Additionally, please see the comment above for rule 12E-1 036(8)(a)

Please see response to 12E-1 036 (9)(b)3 (row 37) See revised form CS-P034

39 12E-1 036(12)(a) Incorporated Materials-Notice of Proceeding to Establish Administrative Support Order CS-OA01 Page 2, #3 The word "parents" should be made possessive Page 4, Spanish language translation Accents are needed for the words pagina and Ingles (located within the text)

The Department will revise the form to correct spelling and grammar Explanation of the optional fields will also be attached to form

See enclosed revised form CS-OA01

40 12E-1 036(12)(a)1 Notice of Proceeding to Establish Paternity and Administrative Support Order

Please conform the title of the incorporated material with that featured on the form itself Incorporated Materials-Notice of Proceeding to Establish Paternity and Administrative Support Order, CS-OX01 Page 4, Spanish language translation Accents are needed for the words pagina and Ingles (located within the text)

The Department will revise the form to conform the title and add accents Explanation of optional fields will also be attached to form

See enclosed revised form CS-OX01



Row# Reference Proposed Rule Language JAPC Comment Response Revised Text 41 12E-1 036(12)(a)4 Notice to Parent or Caregiver of Administrative Support

Proceeding Please conform the title of the incorporated material with that featured on the form itself

The Department will conform the title of the incorporated material with that featured on the form itself

4 Send the mother, caregiver, or other state a copy of the Notice of Proceeding to Establish Administrative Support Order, CS-OA01, by regular mail The Department will also include the Results of Genetic Testing, CS-PO07b, and a blank Financial Affidavit Administrative Support Proceeding, CS-OA11, in the packet The Financial Affidavit is not sent to caregivers The Department also sends the Notice to Parent or Caregiver of Administrative Support Proceeding form (http //www flrules org/Gateway/reference asp'No=Ref- ), CS-OA06 effective XX/XX/XX and incorporated by reference The Notice to Parent or Caregiver of Administrative Support-Proceeding informs the mother or caregiver of the proceeding to establish support and directs the mother to complete the enclosed forms Included in the packet is the Parent Information Form Administrative Sunnort Proceedina. CS-OA12.

c g ^ U l r l 8 1 8 3 3 3 ^

Depai tment of Revenue Rules 12E-1.0052, .029, .031, and .036 2/16/2016 11

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