Current through Reg. 50, No. 249, December 24, 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.
(b)
The Department shall initiate a proceeding to suspend the driver license and
the registration of all motor vehicles solely owned by the obligor for
non-payment of support in an obligor's case if the criteria in subparagraph
(3)(a)1., and the following criteria are met, unless any of the factors listed
in paragraph (3)(c), are present:
1. The
Department has a valid mailing or residential address for the obligor,
2. The delinquency in the case is:
a. Equal to or greater than $400,
or
b. Greater than $100 and less
than $400, and:
(I) For a weekly support
obligation, the Department has not received and posted a payment in the past 10
days or longer,
(II) For a
bi-weekly support obligation, the Department has not received and posted a
payment in the past 17 days or longer,
(III) For a semi-monthly support obligation,
the Department has not received and posted a payment in the past 18 days or
longer,
(IV) For a monthly support
obligation, the Department has not received and posted a payment in the past 34
days or longer,
(V) For a quarterly
support obligation, the Department has not received and posted a payment in the
past 95 days or longer,
(VI) For a
semi-annual support obligation, the Department has not received and posted a
payment in the past 186 days or longer,
(VII) For an annual support obligation, the
Department has not received and posted a payment in the past 368 days or
longer,
(VIII) For a one-time
support obligation, the Department has not received and posted a payment in the
past 34 days or longer,
(c) The Department may not initiate a
proceeding to suspend an obligor's driver license or motor vehicle registration
for non-payment of support if any of the following factors are present:
1. The obligor receives temporary cash
assistance,
2. The obligor receives
Supplemental Security Income benefits,
3. The obligor is complying with a written
agreement the obligor entered with the Department,
4. The obligor receives reemployment
assistance (formerly known as unemployment compensation),
5. The Department has initiated an income
deduction notice to an employer or other payor of income during the employer's
or payor's most recent pay frequency (e.g., weekly, monthly), if known, or
during the support order obligation frequency (e.g., weekly, monthly),
6. The obligor is paying support
pursuant to an income deduction notice,
7. The Department has placed an override on
driver license suspension actions in the case, for example, when a court has
prohibited driver license suspension in the case,
8. The Department has any of the following
compliance actions pending in the case:
a. A
past-due notice sent to the obligor,
b. An appointment letter sent to the obligor,
c. An action to report the
obligor's overdue support balance to consumer reporting agencies,
d. An action to suspend the obligor's
business, professional, occupational, or recreational license or certification,
e. A legal action against the
obligor for contempt of court or to establish a repayment on past-due support,
f. An action to place a lien on
the obligor's motor vehicle(s) or vessel(s),
g. A referral of the obligor's case to
another state's Title IV-D agency to take compliance actions against the
obligor,
9. The obligor
is disabled and incapable of self-support,
10. The obligor receives benefits under the
federal Social Security Disability Insurance program, or
11. The obligor is making payments in
accordance with a confirmed bankruptcy plan under Chapter 11, 12, or 13 of the
U.S. Bankruptcy Code,
(4) Notice to Obligor of Intent to Suspend
Driver License; Notice to Suspend Motor Vehicle Registration.
(a) In accordance with Section
61.13016(1),
F.S., the Department sends to the obligor by regular mail a Notice of Intent to
Suspend Driver License and Motor Vehicle Registration(s), Form CS-EF55,
incorporated herein by reference, effective 11/23, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-18989),
The notice is mailed to the obligor's address of record with the Department of
Highway Safety and Motor Vehicles.
(b) In addition to the notice required by
paragraph (4)(a), if the Department has information that using another address
is more likely to result in actual notice to the obligor, the Department shall
mail the notice to the obligor at that address.
(c) Service of the notice is complete upon
mailing.
(5) Termination
of Driver License Suspension Process; Termination of Motor Vehicle Registration
Suspension Process. After the Department has provided notice to the obligor of
its intent to suspend the obligor's driver license and motor vehicle
registration(s), but before the Department has notified the Department of
Highway Safety and Motor Vehicles to suspend, the Department shall terminate a
pending suspension action if the obligor satisfies any of the conditions in
Section 61.13016(3),
F.S. The Department shall also terminate a pending suspension action as
follows:
(a) If the suspension action in a
case was initiated due to non-payment of support, the Department will terminate
the action when:
1. The Department closes the
case,
2. An income deduction
payment is received:
a. During the past seven
days for a weekly obligation,
b.
During the past 14 days for a bi-weekly obligation,
c. During the past 15 days for a semi-monthly
obligation,
d. During the past 31
days for a monthly obligation,
e.
During the past 92 days for a quarterly obligation,
f. During the past 183 days for a semi-annual
obligation,
g. During the past 365
days for an annual obligation,
(b) If the suspension action in a case was
initiated due to a failure to comply with a subpoena, order to appear, order to
show cause, order to appear for genetic testing, or similar order, the
Department shall terminate the action when:
1.
The Department closes the case, or
2. A court orders the Department to terminate
the action.
(6)
Written Agreements for Payment of Past-Due Support.
(a) Rule
12E-1.027, F.A.C., governs the
requirements and procedures for entering into a written agreement with the
obligor for payment of past-due support.
(b) If the obligor defaults on a payment
required by the written agreement, the Department shall, without further notice
to the obligor, notify the Department of Highway Safety and Motor Vehicles to
suspend the obligor's license and registration(s), as provided by the terms of
the written agreement, unless one of the circumstances listed in paragraph
(5)(a), exists.
(7)
Reinstatement of the Driver License; Reinstatement of Motor Vehicle
Registration.
(a) The Department shall notify
the Department of Highway Safety and Motor Vehicles to reinstate an obligor's
driver license and motor vehicle registration(s) in a case as follows:
1. If the suspension action in a case is
initiated due to non-payment of support, the Department shall notify the
Department of Highway Safety and Motor Vehicles to reinstate the obligor's
driver license and motor vehicle registration(s) when:
a. The Department closes the case,
b. An income deduction payment is received,
c. The obligor pays the
delinquency in full,
d. The obligor
enters into a written agreement with the Department,
e. The obligor demonstrates that he or she
receives reemployment assistance,
f. The obligor demonstrates that he or she is
disabled and incapable of self-support,
g. The obligor receives Supplemental Security
Income benefits,
h. The obligor
receives benefits under the federal Social Security Disability Insurance
program,
i. The obligor receives
temporary cash assistance,
j. The
obligor is making payments in accordance with a confirmed bankruptcy plan under
Chapter 11, 12, or 13 of the U.S. Bankruptcy Code,
k. A court orders the reinstatement of the
license and motor vehicle registration, or
l. The Department requests the suspension in
error.
2. If the
suspension action in a case was initiated due to a failure to comply with a
subpoena, order to appear, order to show cause, order to appear for genetic
testing, or similar order, the Department shall notify the Department of
Highway Safety and Motor Vehicles to reinstate the obligor's driver license and
motor vehicle registration(s) when:
a. The
obligor complies with the subpoena or order,
b. A court orders the reinstatement of the
license and motor vehicle registration,
c. The Department requests the suspension in
error, or
d. The Department closes
the case.
(b)
The Department will notify the Department of Highway Safety and Motor Vehicles
to reinstate a driver license or motor vehicle registration(s) when, based on
supporting documentation:
1. The obligor is
unable to comply with a written agreement or pay the total
delinquency;
2. The obligor is
participating in a job training class;
3. The obligor shows evidence of
employment;
4. The child(ren) are
no longer in the obligee's household;
5. Child support payments are being
made;
6. Earnings statements show
deductions for child support;
7.
The obligor has an existing support order the Department did not know about;
or
8. The obligor documents a
hardship claim.
(8) Procedure for Reinstatement. When the
Department notifies the Department of Highway Safety and Motor Vehicles to
reinstate the driver license and motor vehicle registration, the Department
shall also notify the obligor that the Department is no longer pursuing
suspension action, and the obligor's driver license and motor vehicle
registration(s) is eligible for reinstatement upon the obligor paying
applicable fees owed to the Department of Highway Safety and Motor Vehicles.
The Department uses Form CS-EF57, Driver License/Vehicle Registration
Reinstatement Notice, to notify obligors their driver license and motor vehicle
registration are eligible for reinstatement. Form CS-EF57, Driver
License/Vehicle Registration Reinstatement Notice, (Effective 09/19/2017)
(http://www.flrules.org/Gateway/reference.asp?No=Ref-08621),
is hereby incorporated by reference in this rule.
Rulemaking Authority
409.2557(3)(i)
FS. Law Implemented 61.13016,
322.058
FS.
New 7-20-94, Formerly 10C-25.020, Amended 3-6-02, 9-19-17,
3-25-20, 11-12-20, 11-21-21, 6-9-22, 9-14-23,
11-16-23.
