Current through Reg. 50, No. 187; September 24, 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.
(2) When an
obligee receives an overpayment for a period during which the obligee was
receiving temporary cash assistance, the department shall report the amount of
the overpayment to the Department of Children and Family Services.
(3) When an obligee receives an overpayment
for a period during which the obligee was not receiving cash assistance, the
department shall send the obligee a written notice of overpayment by regular
mail to the obligee's last known address. The written notice of overpayment
must state:
(a) The amount of the
overpayment;
(b) The date of the
overpayment;
(c) That the obligee
is required to repay the overpayment;
(d) That the obligee may repay the
overpayment in one lump sum;
(e)
That the obligee may sign a repayment agreement to withhold a percentage of
future collections or repay in installments;
(f) That recovery of the overpayment will be
pursued whether the obligee's child support case is open or closed; and,
(g) That if the obligee does not
repay the overpayment, sign a repayment agreement, or respond to the department
in writing, the department shall withhold 25% of future collections received
until an overpayment has been repaid.
(4) When an obligee has agreed in writing to
repay overpayments by withholding future collections received by the department
that would otherwise be disbursed to the obligee, the department shall send the
obligee a written notice of overpayment in compliance with subsection (3). The
written notice of overpayment must also state:
(a) That the obligee has previously agreed in
writing to withholding future collections to repay the overpayment;
(b) That the obligee must respond to the
department in writing within 60 days from the date of the written notice of
overpayment;
(c) The method by
which the obligee can request a reconsideration as provided by rule
12E-1.006, F.A.C., Request for
Reconsideration;
(d) That if the
obligee makes a timely request for reconsideration, no further collection
action will be taken until the reconsideration process is concluded;
(e) That if an overpayment is established
when the reconsideration process is concluded, and the obligee does not repay
the overpayment, sign a repayment agreement, or respond to the department in
writing, the department shall attempt to recover the overpayment by withholding
future collections or by pursuing other collection actions or legal remedies to
recover the overpayment from the obligee; and,
(f) That if the obligee is not satisfied with
the reconsideration decision, the obligee may request an administrative hearing
as provided by subsection
12E-1.006(10),
F.A.C., Request for Reconsideration.
(5) When an obligee has not agreed in writing
to repay overpayments by withholding future collections received by the
department that would otherwise be disbursed to the obligee, the department
shall send the obligee a written notice of overpayment in compliance with
subsection (3).
(a) The first written notice
of overpayment must also state:
1. That the
obligee must respond to the department in writing within 20 days from the date
of the written notice of overpayment;
2. The method by which the obligee can
request a reconsideration as provided by rule
12E-1.006, F.A.C., Request for
Reconsideration;
3. That if the
obligee makes a timely request for reconsideration, no further collection
action will be taken until the reconsideration process is concluded;
4. That if an overpayment is established when
the reconsideration process is concluded, and the obligee does not repay the
overpayment, sign a repayment agreement, or respond to the department in
writing, the department shall attempt to recover the overpayment by withholding
future collections or by pursuing other collection actions or legal remedies to
recover the overpayment from the obligee; and,
5. That if the obligee is not satisfied with
the reconsideration decision, the obligee may request an administrative hearing
as provided by subsection
12E-1.006(10),
F.A.C., Request for Reconsideration.
(b) If the obligee does not respond to the
first written notice of overpayment sent pursuant to paragraph (5)(a), the
department shall send the obligee a second written notice of overpayment in
compliance with subsection (3). The second written notice of overpayment must
also state:
1. The date of the first written
notice of overpayment;
2. That this
is a second written notice of overpayment; and,
3. That the obligee must respond to the
department in writing within 20 days from the date of the second written notice
of overpayment.
(c) If
the obligee does not respond to the second written notice of overpayment sent
pursuant to paragraph (5)(b), the department shall send the obligee a third and
final written notice of overpayment in compliance with subsection (3). The
third and final written notice of overpayment must also state:
1. The dates of the first and second written
notices of overpayment;
2. That
this is the third and final written notice of overpayment that will be
sent;
3. That the obligee must
respond to the department in writing within 20 days from the date of the third
and final written notice of overpayment; and,
4. That the department shall pursue other
collection actions or legal remedies to recover the overpayment from the
obligee.
(6)
The department shall provide a repayment agreement form with each written
notice of overpayment that is sent to the obligee. The obligee may use the
repayment agreement form to respond to the department in writing.
(7) The obligee may request to sign a
repayment agreement to repay the overpayment in installments. Upon request and
after full disclosure by the obligee of available income and resources, the
department shall agree to a repayment agreement with the obligee that is
reasonably related to the obligee's current ability to pay.
(8) The department shall withhold 25% of
future collections received until an overpayment has been repaid if the obligee
does not respond to the written notices sent pursuant to subsection (4) or
paragraph (5)(c).
(9) Amounts
withheld from future collections received by the department that would
otherwise be disbursed to the obligee shall be applied toward the overpayment
until it has been repaid. The remaining amount of each collection will be
disbursed as required by section
409.2558(1),
F.S.
Rulemaking Authority
409.2557(3)(q),
409.2558(7),
409.2558(9),
409.2564(13)
FS. Law Implemented 409.2558(7),
409.2564(12)(b)
FS.
New 6-17-92, Amended 7-20-94, Formerly 10C-25.019, Amended
10-22-00, 7-8-03.
