Fla. Admin. Code R. 12E-1.012 (2026)

_{(1)Definitions. As used in this rule:}

_{(a) “Consumer Reporting Agency,”also referred to as a “credit bureau”ora “credit reporting agency,”means apersonwho, formonetaryfees,dues, or on a cooperativenonprofit basis, regularlyengages in whole orin part in the practiceof assemblingor evaluatingconsumercredit information or other information on consumers for thepurposeoffurnishingconsumer reports to third parties, and who uses anymeans or facilityof interstate commerce for thepurposeof preparingorfurnishingconsumer reports.}

_{(b) “Delinquency”meansthe total amount of support that has come due and is unpaid pursuant to the paymentschedule set forth in thesupport order as that termis defined bySection 61.046(21), F. S.}

_{(c) “OverdueSupport” means the amountofadelinquency, arrearage, or both,that is owed under asupport orderas that term is defined bySection61.046(21), F. S.}

_{(2)ReportingOverdue Supportupon aRequestfrom a Consumer ReportingAgency.}

_{(a)Ifa consumer reportingagencyrequestsinformation from theDepartmentpursuant to} Section 61.1354(1), F.S., concerning an obligor who has not been reported by the Department _{pursuant to subsection (3) ofthis rule, theDepartmentshall, after complyingwith subsection (4) of this rule, provide theconsumer reportingagencywith theobligor’s name, social security number, and the amountof overduesupport heorsheowes, if any.}

_{(b)Ifa consumerreportingagencyor lendinginstitution requeststheDepartmentto verify the amountof overduesupport owed byan obligorwho has beenreported bytheDepartment pursuant to subsection (3) ofthis rule, theDepartmentshallprovide the informationto the consumer reporting agencyor lendinginstitution.A request from alending institutionmustbe accompanied byawritten authorization signed bythe obligor authorizingtheDepartmentto disclose theinformation.}

_{(3)PeriodicReportingtoConsumer ReportingAgencies.}

_{(a) Theinitial report concerningan obligormaynot be released until the Departmenthas complied with the notice and hearing requirements insubsection (4) ofthis rule. Subsequent reports providingupdatedamounts owed byan obligor arereleased bytheDepartmentwithout furthernoticeto theobligor.}

_{(b)TheDepartmentinitiates reportingto consumer reporting agenciesif the case meets all the followingcriteria, unless anyof thefactors listed in paragraph (3)(c), arepresent:}

_{1. TheDepartmenthas avalid mailingor residential addressfor theobligor,}

_{2. Thedelinquencyin thecase is:}

_{a.Equal to orgreaterthan$400, or}

_{b. Greater than $100 andless than $400, and:}

_{(I) For aweeklysupport obligation, the Department has not receivedand postedapayment in} the past 10 days or longer,

_{(II) For abi-weeklysupport obligation,the Department has not receivedand postedapayment in the past17 days or longer,}

_{(III) For asemi-monthlysupport obligation,the Department has not receivedand posteda payment inthe past18 daysor longer,}

_{(IV) For amonthlysupportobligation,the Department has not receivedand postedapayment in the past34 days or longer,}

_{(V) For aquarterlysupport obligation,the Departmenthas not received and postedapayment in the past95 days or longer,}

_{(VI) For asemi-annual support obligation,the Department has not received and posteda payment inthe past 186 daysor longer,}

_{(VII) For an annual support obligation,the Department has not received andpostedapayment in the past 368days or longer,}

_{(VIII)For aone-time support obligation,the Department has not receivedand posteda payment inthe past 34daysor longer.}

_{3. TheDepartment has avalid social securitynumber for theobligor,}

_{4. Overduesupport in the case equals or exceeds two times the monthlysupport obligation, if any.}

_{(c)TheDepartmentmaynot initiate reportingto consumer reportingagencies in a caseif any of thefollowing factors arepresent:}

_{1. Theobligorreceivestemporarycash assistance,}

_{2. TheobligorreceivesSupplemental Security Income benefits,}

3. The obligor is complying with a written agreement he or she entered with the Department,

_{4. Theobligorreceives reemployment assistance(formerlyknownasunemployment compensation),}

_{5. TheDepartment has initiated an incomededuction noticetothe current employer or other incomeproviderduringthe employer’s or incomeprovider’s most recent payfrequency(e.g., weekly, monthly), if known, orduringthe supportorder obligation frequency(e.g., weekly, monthly),}

_{6. TheDepartment has placedan overrideon reportingoverduesupport to consumer reportingagencies (for example, when a court hasprohibited usingtheaction on aspecificcase),}

_{7. TheDepartmenthas anyof thefollowing complianceactions pending inthe case:}

_{a. A past-duenoticesentto theobligor,}

_{b. An appointment lettersent to the obligor,}

_{c. An action to suspend theobligor’s driverlicense and motor vehicleregistration(s),}

_{d. An action to suspend the obligor’s business, professional, occupational, or recreational licenseor certification,}

_{e. A legal action againstthe obligorfor contempt of court orto establish arepayment on past-duesupport,}

_{f.An action to placealien on the obligor’s motorvehicle(s)or vessel(s),}

_{g. Areferral of theobligor’s caseto another state’s TitleIV-D agencyto take compliance action againstthe obligor,}

_{8. Theobligor is payingsupport pursuant to an income deduction notice, or}

9. The obligor is incarcerated.

_{(d)1. TheDepartmentmaynot releasetheinitial report concerning an obligor’s overdue support if, after theobligor receives noticepursuant to subsection (4), theDepartmentand the obligor enter into awritten agreement establishing apayment plan in accordancewith Rule 12E-1.027, F.A.C.}

_{2.If theobligor does notcomplywith thewrittenagreement, theDepartment shall releasethe initial report and subsequent periodicreports withoutfurthernoticeto theobligor, which must be stated in thewritten agreement.}

_{3. TheDepartmentmaynot releasetheinitial report for as longasthe obligorcomplies with the written agreement.}

_{(4)Noticeand Right toHearing.}

_{(a)Beforereleasingareport orprovidinginformation concerning an obligorunder this section, the Departmentsends the obligor byregular mailto his or her last known addressa NoticeofIntent to Report to Consumer Reporting Agencies, Form CS-EF32, incorporated herein byreference, effective09/23,(http://www.flrules.org/Gateway/reference.asp?No=Ref-15850). Thenotice informs the obligor that:}

_{1. TheDepartment willreport the amountof overduesupport tothe consumerreporting agencies,}

_{2. TheDepartment willreport an update of theoverduesupportamounteach month,}

_{3. Reportingoverduesupport to consumerreportingagencies mayaffect theobligor’sability to obtain credit,}

_{4. Theobligor mayavoidthe initial report bypayingthe fullamountof theoverduesupport} within 20 days after the date the notice is mailed,

_{5. Theobligor mayrequest theDepartment to enter into awritten agreement that establishes apayment plan to avoid reportingthe overduesupport; and,}

_{6. Byrequesting an informal review, the obligormaycontest theinformation proposed to be released if theoverduesupport amountis incorrectorthe obligor is notthe individual obligated to paysupport.}

_{(b)An obligor maycontest theDepartment’s reportingof overduesupport to consumer reportingagencies. To contest:}

_{1. Theobligor must submit a written request forinformal review to theDepartmentat the address specified in theNotice ofIntent to Report to Consumer Reporting Agencies(CS-EF32) within 20 calendar days after themailingdate ofthenotice.}

_{2.If awritten request forinformal reviewis received timely, the Departmentshallconduct the informal review to determinewhether reportingto consumer reporting agencies is appropriate. TheDepartmentshallconclude its reviewwithin 20 daysafterreceivingtherequest.}

_{3. When the reviewis concluded, the Department willhand-deliver or send the obligor by regularmailaNoticeofDecision ConcerningReport to Consumer ReportingAgencies, Form CS‑EF62, incorporated herein byreference,effective 07/22,(http://www.flrules.org/Gateway/reference.asp?No=Ref-14808). Thenoticeinforms theobligorwhether the Department intends to report the obligor’s overduesupport amount to the consumer reportingagencies. The notice also informs theobligor oftheright underChapter120, F.S., to fileapetition for administrativehearingtocontest the accuracyof theinformation tobereported.}

_{(5)ModifyingPrevious Reports to Consumer ReportingAgencies.TheDepartmentshall notifyconsumer reportingagencies to remove ormodifythe amountof overduesupport from the obligor’sconsumer report if the Department determines the amountreported bythe Department isincorrect or has been paid in full.}

_{(6)Department RequestsforConsumer Reports.TheDepartmentis authorized to request consumer reports from consumer reportingagencies pursuant toSections 61.1354(3) and (4), F.S. Beforethe Departmentsubmitsarequestforaconsumer report to aconsumerreportingagency, the Department shallcertifyone-time to the consumerreportingagencythat everysubsequent request fora consumer report from that agencywillmeet therequirements set forth inSection 61.1354(3), F.S. When the Department requestsaconsumer report, theDepartmentshallprovide the Noticeof Intent to Request Credit Report, Form CS-EF15, incorporated herein by reference, effective 09/19/2017, (http://www.flrules.org/Gateway/reference.asp?No=Ref-08619), byregular mailto the individual’s last known address at least 15 days prior to transmittingthe request to the consumer reportingagency.}

Rulemaking Authority 61.1354(5), 409.2557(3)(i) FS. Law Implemented 61.1354 FS. History–New 6-17-92, Amended 7-20-94, Formerly 10C-25.009, Amended 10-22-00, 10-30-06, 9-19-17, 11-12-20, 11-21-21, 6-9-22, 10-26-22, 9-14-23.

Effective: 9/14/2023.