Fla. Admin. Code R. 12E-1.036 (2026)

(1) Introduction. Section 409.256, F.S., authorizes the Department to administratively establish the paternity of a child. The law also authorizes the Department to administratively establish paternity and support obligation _{when itis providingservices under TitleIV-D ofthe Social SecurityAct}.

(2) Definitions. For purposes of this rule:

(a) _{“Address ofrecord”means the address to which all administrativeproposed orders,final orders, and other noticesaremailed. The addressof record is established as the activemailingor residential address maintained for thepartybytheDepartmentthat islisted on theinitial notice that is served on the respondent. If thepartyprovides anew address in writingafter serviceof the initial notice, the newaddress is designated theaddress ofrecord and allsubsequent documents associated with the administrative action willbemailed to that address.}

_(b) “Administrative Support Order” or “Final Order” means a final order rendered by the Department as allowed by Section 409.256, F.S. The Final Order establishes paternity or paternity and a support obligation for the child or children. The administrative support order may also include terms for monetary support, retroactive support, health insurance, and non-covered medical expenses if appropriate.

(c) “Alleged Father” means “Putative Father” as defined by Section 409.256(1)(g), F.S., 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.

(d) “Amended Proposed Administrative Support Order” or “Amended Proposed Order” is a modified Proposed Order issued by the Department to correct an error or reflect new information that changes the terms of the original or subsequent Proposed Order.

(e) “Caregiver” means a person other than the mother, father, or alleged father, who has physical custody of a child or with whom the child primarily resides.

_{(f) “Emancipated”meansthe status of aminor child who has become an adult on reaching18 years of age, byorder ofthe court, bymarriage, orbyothermeans provided bylaw.}

(g) “Good cause” means the person scheduled for genetic testing missed the appointment for reasons beyond their control.

_{(h) “Income Deduction Order”means anadministrativefinalorder rendered bythe Department directinganemployer orotherpayorof income to deduct support payments from the incomeof aparent who is ordered to paysupport.}

(i) “Legal service provider” means a program attorney as defined by Section 409.2554(10), F.S.

(j) “Long-arm jurisdiction” refers to the conditions listed in Sections 48.193(1)(a) and 88.2011, F.S., that allow the Department to assert personal jurisdiction over a respondent who does not reside in Florida.

(k) “Paternity and Administrative Support Proceeding” means an administrative action taken by the Department to order genetic testing, establish paternity, and establish a support obligation.

_{(l) “Petitioner”or“petitioningparent”means theparent orcaregiverwithwhom the child resides.}

(m) “Public assistance” means temporary cash assistance, food assistance, Medicaid, or any combination thereof.

_{(n) “Respondent”meansthe parent from whom theDepartment is seekingsupport.}

(3) Case Selection Criteria.

(a) Section 409.256(2)(a), F.S., authorizes the Department to start an administrative proceeding to establish paternity or paternity and support when _{the statutorycriteria aremet.}

(b) The Department does not start an administrative _{paternityor paternityand support} proceeding when:

1. The Department has _{filed apaternityaction in circuitcourt to determinethe paternityof the child and the actionis pending}.

2. The alleged father or mother is a minor.

3. The alleged father does not live in Florida and long-arm jurisdiction is not applicable.

4. The child is in foster care.

_{5. InaccordancewithSection 409.2579(4),F.S., the Department has reason to believethat the disclosureof information on the whereaboutsof onepartyor the child to another person may resultin physical or emotional harm to thepartyorthe child.}

_{6. TheDepartment doesnot have an activeresidential or mailingaddress for thepetitioner or respondent.}

(4) Statement Naming an Alleged Father or Fathers. For cases meeting the criteria in subsection (3), the Department a statemnet naming an alleged father or fathers. The Department uses Form CS-PO34, Paternity Declaration (incorporated by reference _{inRule 12E-1.039, F.A.C.),} to record the name of the alleged father or fathers.

(a) The Department uses Form CS-PO34, Paternity Declaration (incorporated by reference _{inRule 12E-1.039, F.A.C.), completed and signed by the mother,} to record the name of the alleged father or fathers.

(b) The Department uses Form CS-PO102, _{PaternityStatement byNon-Parent,} (incorporated by reference in Rule _{12E-1.039, F.A.C.), completed and signed by the non-parent caregiver.}

_{(c) The Department uses Form CS-PO103, PaternityStatementbyAlleged Father} (incorporated by reference in Rule _{12E-1.039, F.A.C.), completed and signed by the alleged father, who may or may not be the caregiver of the child.}

_{(5) ObtainingCooperation from theMother orCaregiver.}

_{(a)Ifacaseis eligiblefor establishment of anadministrative paternityorder, the Department mustobtain cooperationfrom the mother orcaregiver beforeservingnoticeon the respondent. To obtain cooperation, the Departmentmails Form CS-OP05, Requirement to Provide Sample forGeneticTesting, hereby incorporated by reference, effective 09/23, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15863), byregularmail to the motheror caregiver. TheCS-OP05 informs themother orcaregiver where and when to appear to provideasampleforgenetic testing, and italso informs themother or caregiver to bringthe child(ren)named on theform to betested.}

_{(b)If themother orcaregiver and the child(ren)appear for thegenetictest and provide a sampletimely, the Department shall proceed to servethe respondent with aninitialnotice as described in subsection (7), below.}

_{(c)Ifthe mother orcaregiver and child(ren) donotprovide asampleand asample is not available to the Department from a previous genetic test,the Department shall initiate case closureforapetitioner who does not receive publicassistance.For petitionersreceivingpublic assistance, the Department shall report noncooperation tothe Department of Children and Families and initiate caseclosure.}

_{(6) Title IV-D Standard Parenting Time Plan.}

_{(a) The Department will provide a Title IV-D Standard Parenting Time Plan, form CS-OA250 (available online at floridarevenue.com/childsupport/parenting_time_plans), to each parent as required by Section 409.25633, F.S., unless:}

_{1. Florida is not the child’s home state,}

_{2. One or both parents do not reside in Florida,}

_{3. Either parent has requested nondisclosure for fear of harm from the other parent,}

_{4. The parent who owes support is incarcerated, or}

_{5. The parent owed support is a caregiver.}

_{(b) If both parents agree to, sign, and return the parenting time plan to the Department before an administrative Final Order is entered, the parenting time plan will be incorporated into the Final Order. Both parents do not need to sign the same form.If the parents have a judicially established parenting time plan, the plan will not be incorporated in the administrative order.}

(7) Notice of Proceeding to Establish Paternity and Order to Appear for Genetic Testing.

(a) Notice of Proceeding to Establish Paternity or Paternity and Administrative Support Requirements. The Department serves the alleged father with Form CS-OP01, Notice of Administrative Proceeding to Establish Paternity, hereby incorporated by reference, effective 1/18, (http://www.flrules.org/Gateway/reference.asp?No=Ref-08994), hereafter referred to as the Notice of Proceeding. The Department sends the alleged father Form CS-OP02,Order to Appear for Genetic Testing, _{incorporated by reference, effective 09/23,} (http://www.flrules.org/Gateway/reference.asp?No=Ref-15864), with the Notice of Proceeding and a copy of the Paternity Declaration, CS-PO34, CS-PO102, or an affidavit that names the alleged father. The Notice of Proceeding will be served on the respondent by certified mail, restricted delivery, return receipt requested, or by any other means of service that meet the requirements for service of process in a civil action. Once served, the alleged father must notify the Department in writing of any change of address. If the alleged father does not update the Department, the Department will serve by regular mail any other document or resulting order to the address _{of record} and the alleged father is deemed to have received them.

(b) Proceeding in Circuit Court.

1. As allowed by Sections 409.256(4)(a)11. and 12., F.S., the alleged father may file a paternity action in circuit court and serve the Department with a copy of the petition. The person ordered to appear must have the petition served on the Deputy Agency Clerk within 20 days after the date he is served the Notice of Proceeding. If the Department is served timely, the administrative proceeding ends and the case proceeds in circuit court. If the alleged father files a petition in circuit court, but does not serve the Department in the 20-day time frame, the Department will continue with the administrative establishment proceeding. If the petition is served on the Department timely, the Department will mail the child’s mother or caregiver Form CS-OA88, Dismissal of Administrative Proceeding form, hereby incorporated by reference, effective 11/20, (http://www.flrules.org/Gateway/reference.asp?No=Ref-12353).

2. Respondent Asks the Department to Proceed in Circuit Court. The respondent may ask the Department to stop the administrative proceeding and proceed in circuit court. The respondent must make this request in writing and the request must be received by the Department within 20 days after being served the Initial Notice. The request from the respondent must state that he requests the Department proceed with the determination of paternity in circuit court or that he has custody matters or parental rights issues which need to be addressed by the court. Oral requests are not accepted. _{If therespondent files atimelyrequest forthe Department to fileanaction in circuitcourt,theDepartmentwill send the respondent Form CS-OA247, Request forCourt Action Status Update, hereby incorporated by reference, effective 11/20, (http://www.flrules.org/Gateway/reference.asp?No=Ref-12354). TheDepartment sends thepetitioning parent Form CS-OA248, Noticeof CourtAction Financial AffidavitNeeded for Court, hereby incorporated by reference, effective 09/19/2017, (http://www.flrules.org/Gateway/reference.asp?No=Ref-08634).}

_{3. TheDepartment then sends the petitioningparent Form CS-PO31,Family LawFinancial Affidavit (Short Form), hereby incorporated by reference, effective 11/21,(http://www.flrules.org/Gateway/reference.asp?No=Ref-13858). Form CS-PO31 instructs the petitioning parent to contact the Department by phone to request a Family LawFinancial Affidavit (Long Form), Form CS-PO30, if the individual’s gross income is $50,000 or more per year. Form CS-PO30 is hereby incorporated by reference, effective 11/21, (http://www.flrules.org/Gateway/reference.asp?No=Ref-13859). The Department will send the CS-PO30 to the petitioning parent upon request.}

_{4. Ifthe petitioningparent does notreturn the CS-PO30 or CS-PO31, the Department shallinitiate case closure if thepetitioningparent is not receivingpublic assistance.If thepetitioningparent isreceivingMedicaid or food assistance,the Department shallreport noncooperationto the Department ofChildren and Familiesasrequired bySection 409.2572, F.S., and initiate caseclosure.Ifthe petitioningparent is receivingtemporarycash assistanceforthe child, the Department shall prepareafinancial affidavit for theotherparentas authorized bySection 61.30(15), F.S. If the petitioningparent returns the CS-PO30 or CS-PO31, the Departmentwillfileapetition withthe clerk ofcourt to determinethe support obligation and obtain acivil casenumber.}

_5. After filing the petition in circuit court, the Department sends a copy of the petition to the respondent by certified mail, return receipt requested. Along with the copy of the petition, the Department sends the Notice of Commencement of Action and Request for Waiver of Service of Process Administrative Paternity Proceeding form (http://www.flrules.org/Gateway/reference.asp?No=Ref-06604), CS-OA18, effective 4/5/16, and incorporated by reference. The Department also sends two copies of the Waiver of Service of Process form (http://www.flrules.org/Gateway/reference.asp?No=Ref-06605), CS-OA19, effective 4/5/16, and incorporated by reference. If the respondent is represented by an attorney, the Department sends this packet of forms and petition to the respondent’s attorney.

6. The respondent has 10 days from the receipt of these forms to sign and complete one copy of the CS-OA19, and return it to the Department. If the Department does not receive the signed completed CS-OA19, within 10 days, it proceeds with the establishment of paternity administratively. The Department also files a voluntary dismissal of the civil case with the clerk of court and mails a copy of the voluntary dismissal to the respondent. If the respondent completes and returns the CS-OA19, within 10 days, the Department sends the petitioner or caregiver the Dismissal of Administrative Proceeding CS-OA88 form. The Department will then end the administrative proceeding and proceed in circuit court.

(8) Right to Contest the Order to Appear for Genetic Testing.

(a) Alleged Father Requests Informal Review.

1. Section 409.256(5), F.S., allows the person ordered to appear to contest the Order to Appear for Genetic Testing by asking the Department, in writing, for an informal review within 15 days after the date the Notice of Proceeding is served. When the Department receives the request for an informal review, it will contact the alleged father and, if possible, conduct the review by telephone. If the alleged father asks to appear in person, the Department will schedule an appointment. If the alleged father is incarcerated, he may present any concerns to the Department in writing or arrange with confinement officials to receive a phone call from the Department. At the end of the informal review, the Department will inform the alleged father whether it will continue with the administrative establishment of paternity. If the Department decides not to continue, it will end the administrative proceeding and will send the Dismissal of Administrative Proceeding form, CS-OA88, to the parties notifying them about the dismissal. If the Department intends to continue, it will inform the alleged father of its decision using the Notice of Conclusion of Informal Discussion Administrative Paternity Proceeding form (http://www.flrules.org/Gateway/reference.asp?No=Ref-06606), CS-OA32 effective 4/5/16 and incorporated by reference. The CS-OA32 informs the alleged father of the Department’s decision to continue and why. It also informs him of the right to contest the Order to Appear for Genetic Testing at an administrative hearing.

2. If the alleged father does not ask for an informal review within 15 days after the date of service of the Notice of Proceeding, the Department will inform him the request is outside the required time to ask for an informal review. The Department will do this using the Notice of Late Request for Informal Discussion Administrative Proceeding form (http://www.flrules.org/Gateway/reference.asp?No=Ref-06607), CS-OA35, effective 4/5/16, and incorporated by reference, and will continue with the administrative establishment proceeding.

(b) Alleged Father Asks for an Administrative Hearing.

1. In accordance with Section 409.256(5)(b), F.S., the person ordered to appear has 15 calendar days from the mailing date of the Notice of Conclusion of Informal Review to ask the Department for an administrative hearing. If the Department receives the request within the 15-day period, the Department will refer the request to the Division of Administrative Hearings. The Department will inform the requestor it sent the request to the Division of Administrative Hearings using the Acknowledgment of Hearing Request Administrative Proceeding form (http://www.flrules.org/Gateway/reference.asp?No=Ref-12362), CS-OA55, effective 11/20, and incorporated by reference. If the Department receives a timely hearing request, it will not continue the proceeding until the Division of Administrative Hearings issues an order, or the alleged father withdraws his request for a hearing. The Department will mail the Notice of Proceeding, Order to Appear for Genetic Testing, Paternity Declaration, and the alleged father’s request for hearing to the Division of Administrative Hearings within 15 calendar days after the receipt of the request for hearing.

2. If the alleged father does not ask for an administrative hearing within the 15-day time frame, the Department will proceed with the administrative proceeding. The alleged father may not ask for an administrative hearing without first requesting an informal review.

(9) Scheduling and Rescheduling of Genetic Testing Sample Collections.

(a) Scheduling of Genetic Testing Sample Collections. The Department will schedule the initial genetic testing sample collection before sending the alleged father the Order to Appear for Genetic Testing, CSOP02, and the mother or caregiver the Requirement to Provide Sample for Genetic Testing, CS-OP05. The CS-OP02 and CS-OP05, informs the parties when and where to appear for the genetic testing sample collection. The CS-OP05 will also direct the child’s mother or caregiver to bring the child to the genetic test sample collection.

(b) Rescheduling of Genetic Testing. The Department will reschedule the appointment for a genetic testing sample collection:

1. When a person scheduled for the genetic testing sample collection asks the Department to reschedule the genetic testing sample collection before the ordered test date. The person does not have to provide the Department a reason for rescheduling the initial genetic testing sample collection. The Department will inform the person of the new date using Department form Requirement to Provide Sample for Genetic Testing, CS-OP05.

2. One time if the person ordered to test shows good cause for not appearing at the scheduled genetic testing sample collection. The person claiming good cause must provide the Department with the facts that supports his or her claim for missing the scheduled genetic testing sample collection in writing no later than 10 days after the scheduled sample collection.

3. One time when a person sanctioned as described by subsection (10) of this rule, asks for a genetic testing sample collection.

(c) The Department will require and schedule a second genetic testing sample collection if it has reason to believe that the result of the previous test may be unreliable.

(d) Per Section 409.256(6)(c), F.S., a person previously tested may ask for a second genetic testing sample collection by filing a written request with the Department. The person asking for the second genetic testing sample collection must pay for the test before the Department schedules the test unless that person is receiving public assistance. To get a second genetic testing sample collection, the person must ask for the sample collection no later than 15 days after the Department mailed the initial test results.

(10) Refusal to Submit to Genetic Testing Sample Collection or Failure to Appear for Genetic Testing Sample Collection.

(a) Section 409.256(7), F.S., allows the Department to take one or more of the following actions if a person refuses to submit to the genetic testing sample collection or fails to appear on the ordered date, does not use the one-time opportunity to reschedule, or does not show good cause for missing the sample collection within 10 days after the scheduled sample collection.

(b) If the alleged father does not appear without requesting rescheduling or providing good cause, the Department will schedule a second genetic sample collection and send the alleged father the Requirement to Provide Sample for Genetic Testing, CS-OP05, which will list the new date, time, and location of the genetic testing sample collection. If the alleged father does not appear to the second sample collection, the Department is authorized to start a proceeding to suspend the alleged father’s driver license and motor vehicle registration as allowed by Section 61.13016, F.S. The Department will tell the alleged father of the intent to suspend his driver license and vehicle registration by sending the Notice of Intent to Suspend Driver’s License and Vehicle Registration(s) form, CS-EF55, incorporated by reference in Rule 12E-1.023, F.A.C. The Department sends this form by regular mail and it also informs the alleged father of his right to contest the action in circuit court. If the alleged father does not request a new genetic testing sample collection or contest the driver license suspension within 20 days after the mailing date of the CS-EF55, the Department will send an electronic request to the Department of Highway Safety and Motor Vehicles to suspend the driver license and vehicle registration of the alleged father. If the alleged father later complies with the Department and requests another test, and appears at the rescheduled genetic testing appointment, the Department will electronically request reinstatement of the driver license/vehicle registration from the Department of Highway Safety and Motor Vehicles. The Department will provide the alleged father the Driver License/Vehicle Registration Reinstatement Notice, CS-EF57, incorporated by reference in Rule 12E-1.023, F.A.C., which informs the alleged father to go to a local Driver License Examining Office to get the license reinstated. If the alleged father does not contest the suspension of the driver license/vehicle registration or request a new appointment, the Department will end the administrative proceeding and proceed in circuit court. The Department will not authorize reinstatement of the license until the alleged father submits to genetic testing.

(c) Prior Test Results. If an alleged father refuses to comply with the Order to Appear for Genetic Testing, but previously provided a sample for another case, the Department is authorized to use the previous sample taken from the alleged father. The alleged father is informed that the Department is authorized to do this in the Order to Appear for Genetic Testing, CS-OP02.

(d) File a Petition in Circuit Court. If the alleged father refuses to comply with the Order to Appear, and a previous sample is not available, the Department will file a petition in circuit court to establish paternity, obtain a support order, and seek repayment from the alleged father for costs incurred by the Department. If the Department files a petition in circuit court, it will notify the mother or caregiver using the Dismissal of Administrative Proceeding, CS-OA88 form.

(11) Genetic Testing Results.

(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.

(b) The Department will close the alleged father’s case if the genetic test shows a statistical probability of less than 99% that the alleged father is the biological father. In this circumstance the Department will:

1. Send the alleged father a copy of the Results of Genetic Testing form (http://www.flrules.org/Gateway/reference.asp?No=Ref-06611), CS-PO07a, effective 4/5/16, and incorporated by reference, by regular mail. The CS-PO07a is sent to the alleged father to inform him of the results of the genetic test. If genetic testing results indicate less than a 99% probability that the alleged father is the biological father, the form states that he is not the biological father of the child listed on the notice and the Department will take no further action, unless a second test is required.

2. The Department will close the alleged father’s case unless a second test is requested within 15 days after the mailing date of the genetic testing results or a second test is required by the Department.

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-06612), CS-PO07b, effective 4/5/16, 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.

(12) Proposed Order of Paternity. The Proposed Order of Paternity (http://www.flrules.org/Gateway/reference.asp?No=Ref-15865), CS-OP30, effective 09/23, and incorporated by reference, is sent to the alleged father by regular mail _{to the address of record}. The Proposed Order of Paternity informs him that the Department intends to issue a final order establishing him as the legal father of the child or children named in the Proposed Order of Paternity. The Proposed Order of Paternity informs the alleged father of his right to an informal review and to an administrative hearing. The time frames, forms, and procedures for the informal review and administrative hearing are the same as described in paragraph (14)(g). A blank Title IV-D Standard Parenting Time Plan, CS-OA250, is included with the Proposed Order of Paternity, form CS-OP30 except as provided by paragraph (6)(a). The Department will:

(a) Serve the Proposed Order of Paternity, CS-OP30, on the alleged father by regular mail _{at the address of record}. A copy of the genetic test results from the laboratory must accompany the proposed order when the Department mails the Proposed Order of Paternity.

(b) Send the alleged father the results of the genetic test showing that he is the biological father of the child.

(c) Mail a copy of the Proposed Order of Paternity, CS-OP30, to the mother, caregiver, or other state. The genetic test results will be included in the packet showing the alleged father is the biological father of the child or children.

(13) Proceeding to Establish an Administrative Paternity and Support Order.

(a) After paternity has been determined, the Department may serve the alleged father by regular mail at the address of record with the Notice of Proceeding to Establish Administrative Support Order form (http://www.flrules.org/Gateway/reference.asp?No=Ref-11092), CS-OA01, effective 08/19, and incorporated by reference. The CS-OA01 informs the alleged father the Department intends to establish a paternity and a support obligation for the child named in the Notice and explains the steps the Department will take. The CS-OA01 also informs the alleged father of his right to file an action in circuit court or request the Department to proceed in circuit court instead of administratively. The Department will:

1. Send the alleged father the Notice of Proceeding to Establish Administrative Support Order form, CS-OA01, by regular mail informing him of the Department’s intent to establish an order for paternity and support. The Department uses the Notice of Proceeding to Establish Paternity and Administrative Support Order form (http://www.flrules.org/Gateway/reference.asp?No=Ref-08997), CS-OX01, effective 1/18, and incorporated by reference, when there is more than one child on the case and paternity has already been established for one or more children. The Department will provide a _{Title IV-D Standard Parenting Time Plan, CS-OA250, except as provided by paragraph (6)(a)}.

2. Send the alleged father the Financial Affidavit Administrative Support Proceeding form (http://www.flrules.org/Gateway/reference.asp?No=Ref-12364), CS-OA11, effective 11/20, and incorporated by reference. The CS-OA11 requests information to determine an individual’s income for the purpose of calculating the child support guideline amount. Also included in the packet is the Parent Information Form Administrative Support Proceeding (http://www.flrules.org/Gateway/reference.asp?No=Ref-12365), CS-OA12, effective 11/20, and incorporated by reference, which asks each party for case specific information regarding employment, residence, and children.

3. 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 genetic test results, 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 Proceeding form (http://www.flrules.org/Gateway/reference.asp?No=Ref-08998), CS-OA06, effective 1/18, and incorporated by reference. The Notice to Parent or Caregiver of Administrative 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 Support Proceeding, CS-OA12. The Department will provide a _{Title IV-D Standard Parenting Time Plan, CS-OA250, except as provided by paragraph (6)(a)}.

(b) Alleged Father’s Rights; Proceeding _{in CircuitCourt as an alternativeto the AdministrativeProcess:}

1. The alleged father may file a paternity action in circuit court and serve the Department with a copy of the petition. The alleged father must have the petition served on the Deputy Agency Clerk at the address specified in the notice within 20 days after the date the Notice of Proceeding to Establish Administrative Support Order was mailed. If the Department is served timely, it will end the administrative establishment process and proceed in circuit court. If the alleged father files a petition in circuit court, but does not serve the Department in the 20-day time frame, the Department will continue with the administrative establishment proceeding by either issuing a Proposed Administrative Paternity and Support Order (http://www.flrules.org/Gateway/reference.asp?No=Ref-15866), CS-OA20, effective 09/23, and incorporated by reference, or referring 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. If _{the petition is served on the Department timely, theDepartment will mail thepetitioningparent or caregiver theDismissal ofAdministrativeProceeding, CS-OA88.}

2. The alleged father may ask the Department to stop the administrative proceeding and proceed in circuit court. The alleged father must make this request in writing _{and therequest mustbereceived bytheDepartment}within 20 days after the date the Notice of Proceeding to Establish Administrative Support Order was mailed. The request from the alleged father must state _{theallegedfather}requests the Department to proceed with the establishment of paternity and a support obligation in circuit court, or that _{theallegedfather}custody matters or parental rights issues which need to be addressed by the court. Oral requests _{arenot accepted.If therespondentfiles a timelyrequest forthe Department to file an action in circuitcourt, the Department sends the respondent a Request forCourt Action Status Update (CS-OA247). TheDepartment sends the other parent a Noticeof Court Action Financial Affidavit Needed forCourt (CS-OA248).} The Department then sends the other _{parent theFamily LawFinancial Affidavit(CS-PO31). When the petitioningparent returns the CS-PO31, the Department}will file a petition with the clerk of court to determine paternity and support obligation and to obtain a civil case number. _{If theother parent does not return the CS-PO31, the Department shallinitiatecase closureif thepetitioningparent is not receivingpublic assistance. Ifthe petitioningparent is receivingMedicaid or food assistance, the Department shall report noncooperation to the Department of Children andFamiliesas required bySection 409.2572, F.S., and initiate caseclosure.Ifthe petitioningparentis receivingtemporarycashassistanceforthe child, the Department shallprepareafinancial affidavit forthe other parentas authorized by Section 61.30(15),F.S.} When the Department receives a stamped copy from the clerk, it sends one copy of the petition to the alleged father by certified mail, return receipt requested. Along with the copy of the petition, the Department sends a Notice of Commencement of Action and Request for Waiver of Service of Process Administrative Paternity and Support Proceeding, CS-OA18 form. The Department also sends two copies of the Waiver of Service of Process, CS-OA19 form. _{If therespondentis represented by an attorney, the Departmentsends thepacket of formsand petition to therespondent’s attorney.}The alleged father has 10 days after the receipt of these forms to complete one copy of the CS-OA19, and return it to the Department. If the Department does not receive the signed completed CS-OA19, within 10 days or if the alleged father does not respond to the Notice of Proceeding, the Department proceeds with the administrative establishment of paternity and support by issuing a Proposed Administrative Paternity and Support Order, CS-OA20, or referring the proceeding to the Division of Administrative Hearings _{withoutissuingaProposed} Administrative Paternity and Support Order if the Department determines that an evidentiary hearing is appropriate to determine the respondent’s income. The Department will also file a voluntary dismissal of the civil case with the clerk of court _{and mail acopyof thevoluntary dismissal to the respondent}.

3. If the alleged father completes and returns the CS-OA19, within 10 days, the Department sends the petitioner the Dismissal of Administrative Proceeding, CS-OA88 form. The Department will end the administrative proceeding and proceed in circuit court.

(14) Proposed Administrative Paternity and Support Order.

(a) Not sooner than 20 days after _{servingtheNoticeof Proceedingto Establish AdministrativeSupport Order form, CS-OA01,} under subsection (13), _{the Department will calculatethe respondent’s support obligation using the child support guidelines in Section 61.30, F.S.If therespondent does not providefinancial information within the timerequired bySections409.2563(13)(a) and (b), F.S., the Department will imputeincome as provided Section 61.30(2)(b) or 409.2563(5), F.S., as applicable.}

_{(b) Calculation oftherespondent’s retroactivesupport obligation will bein accordancewith Section 61.30(17),F.S. Retroactivesupport willbe addressed in an initial determination of child support.}

_{(c)TheDepartment will prepareaProposedAdministrativePaternityandSupport Order (CS-OA20), whichforpurposes of theruleis entitled Proposed Order, that establishes the terms ofthe support obligation and includes, at aminimum, all elements contained in Section 409.2563(7)(e), F.S. TheDepartment will mail the Proposed Order to therespondent byregularmail to the respondent’saddress of record. The} Proposed Order _will include a notice of rights that informs the respondent of the right to an _{informal discussion with theDepartment, theright to aformal administrativehearing,and the right to consent to theentryof an AdministrativePaternityand Support Order. Copies ofthe child support guidelinesworksheet prepared bytheDepartment and thefinancial affidavit submitted bytheotherparent aremailed with theProposed Order.TheDepartment will provide a copyof theProposed Order and its attachments to the petitioner at thepetitioner’s address of record.}

_(d)The Department may proceed with the administrative establishment of paternity and support by either sending the alleged father a Proposed Administrative Paternity and Support Order, CS-OA20, or referring 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. _{TheDepartment will calculate therespondent’s support obligationusingthe child supportguidelines in Section 61.30, F.S.If therespondent does not providefinancial information within thetime required by Sections 409.2563(13)(a)and (b),F.S., the Department willimpute income as providedby Section 61.30(2)(b), F.S., or imputeincome at fulltimeminimum wage as provided bySection 409.2563(5)(a), F.S. Calculation of therespondent’s retroactivesupport obligation isin accordancewith Section61.30(17), F.S. Retroactivesupport is addressed in an initial determination of child support.} The Department uses a Proposed Administrative Paternity and Support Order (http://www.flrules.org/Gateway/reference.asp?No=Ref-15867), CS-OX20, effective 09/23, and incorporated by reference, when a proceeding involves more than one child and paternity has already been established for one or more of the children. The Proposed Administrative Paternity and Support Order may include terms for monetary support, retroactive support, health insurance, and non-covered medical expenses as appropriate. The Proposed Administrative Paternity and Support Order tells the alleged father that the Department intends to issue an administrative order establishing paternity and a support obligation for the child or children listed in the Proposed Administrative Paternity and Support Order. When an agreed to and signed parenting time plan is provided by the parents, it is enclosed with Proposed Order. If a signed parenting time plan is not enclosed, the Department will provide a blank Title IV-D Standard Parenting Time Plan, CS-OA250, with form CS-OX20 _{except as provided by paragraph (6)(a)}.

_{(e)TheProposedOrdermustinclude an explanation of anydeviations from theguidelines the Departmentconsidered when calculatingthe support obligationand anyretroactivesupport owed.}

_{(f)Ifadditional facts or information becomeavailable to the Department thatmaterially changes the Proposed Order, theDepartment shallprepare an Amended Proposed Administrative Paternityand Support Orderform, CS-OA20 (from now on referred toas the Amended Proposed Order). An Amended Proposed Order shallincludeguideline worksheets to explain the changes and the requirements established inSection 409.2563(5)(a), F.S. TheDepartmentdoesnot amend the Proposed Order iftheadditional facts or information become availableafter therespondent has requestedan administrativehearing.Anyadditional facts or information areaddressedat the hearing.}

_(g)The Proposed Order also informs the alleged father of his rights to contest the Proposed Administrative Paternity and Support Order. The alleged father’s rights to contest the Proposed Administrative Paternity and Support Order, CS-OA20, CS-OX20, or the Proposed Order for Paternity, CS-OP30, discussed in subsection (12), are:

1. Informal Review. The alleged father has the right to an informal review, and may contact the Department within 10 days after the mailing date of the proposed order to ask for an informal review. The alleged father may ask for an informal review either orally or in writing. If the informal review results in a change to the proposed order or if an error is detected, the Department will issue either an Amended Proposed Order of Paternity, CS-OP30, or an Amended Proposed Administrative Paternity and Support Order, CS-OA20. The Department may discontinue the support proceeding if the alleged father provides proof that an obligation should not be established. Types of circumstances where the Department would not proceed to render a support obligation includes: all children reside with the alleged father, or the alleged father, mother, and children reside together. If at the conclusion of the informal review the Department intends to render a final order, it will tell the alleged father using the Notice of Conclusion of Informal Discussion Administrative Paternity and Support Proceeding form, CS-OA32.

2. Administrative Hearing. The alleged father or the Department has the right to an administrative hearing. _{To request anadministrativehearing, therespondent must submit a written request to the Department’s DeputyAgencyClerk at the address provided in the Proposed Order.} If the alleged father wishes to ask for an administrative hearing, he has 20 days after the mailing date of the Proposed Administrative Paternity and Support Order or the Proposed Order for Paternity or, if the Department receives an informal review request timely, 10 days from the mailing date of the CS-OA32, whichever is later. If the Department receives the request for administrative hearing timely, it will refer the request to the Division of Administrative Hearings. _{If therequest is received timely, the} Department sends the respondent the Acknowledgment of Hearing Request Administrative _{Proceeding, form CS-OA55, notifyingthe respondent that therequest that theDepartment will proceedwith a hearing.TheDepartment alsosends the request to the FloridaDivision of AdministrativeHearings.TheDivision of AdministrativeHearingsnotifiesthe Department, respondent, and petitioner in writingof thedate, time, and placeofthe hearing. If the Department receives an untimelyrequest for anadministrativehearing, theDepartmentdenies the request and sends therespondent theAcknowledgment of HearingRequest Administrative Proceeding, form CS-OA55. This form notifies the respondent that therequest was not timely and the Department will proceedwithoutahearing.}

_(h) The genetic test results will be admitted as evidence and made part of the hearing record. If the statistical probability equals or exceeds a 99% probability that the alleged father is the biological father, there is a presumption of paternity. The presumption can be rebutted only by clear and convincing evidence to the contrary.

(i) If the Department determines that an administrative hearing is appropriate, it may refer the proceeding to the Division of Administrative Hearings without issuing a Proposed Administrative Paternity and Support Order. At the hearing, the administrative law judge may issue a final order that addresses paternity, or paternity and support. The administrative law judge will also determine any applicable retroactive support and include it as a sum certain in the final order. The retroactive support will be calculated for the 24 months prior to the date of the service of process for the Notice of Proceeding to Establish Paternity. If the administrative law judge issues an order, the Department will render it.

(15) Final Order Establishing Paternity or Paternity and Child Support.

(a) The Department will render a Final Order of Paternity (http://www.flrules.org/Gateway/reference.asp?No=Ref-15868), CS-OP50, effective 09/23, or a Final Administrative Paternity and Support Order (http://www.flrules.org/Gateway/reference.asp?No=Ref-15869), CS-OA40, effective 09/23, both forms incorporated by reference, if the alleged father does not ask for a hearing timely. The Department may use a Final Administrative Paternity and Support Order (http://www.flrules.org/Gateway/reference.asp?No=Ref-15870), CS-OX40, effective 09/23, and incorporated by reference, in cases where there is more than one child on the order and paternity does not need to be established for all of the children. _{In addition to the Final AdministrativePaternityand SupportOrder, theDepartment enters anIncome Deduction Order as part oftheFinal AdministrativePaternityand Support Order. Therespondent is responsible for makingtheordered payments to theStateDisbursement Unit untilthe income deduction begins.}

_{(b) If a parenting time plan is not incorporated into the final order, the Department will provide each parent a blank Petition to Establish a Parenting Time Plan, except as provided by paragraph (6)(a). The Petition to Establish a Parenting Time Plan is available at} floridarevenue.com/childsupport/parenting_time_plans_.

_{(c) Arespondent mayconsentto the entryof afinalorderanytime after thereceiptof the Initial Notice.To do this, the respondent must complete and returntheWaiverof Opt-Out AdministrativeProceeding (CS-PO384), (http://www.flrules.org/Gateway/reference.asp?No=Ref-08647), incorporated byreference,} effective 09/19/2017, after the respondent receives the Initial Notice Packet. If the respondent _{returns the WaiverofOpt-Out AdministrativeProceeding,Financial Affidavit, andParent Information Form, theDepartment sends therespondenttheWaiverof AdministrativeHearing (CS-ES97), (http://www.flrules.org/Gateway/reference.asp?No=Ref-08648), incorporated herein byreference, effective09/19/2017. TheDepartment also sends a copyof theProposed AdministrativeSupport Order discussed in subsection (12) ofthis rule.If therespondent completes and returns the CS-ES97, the Departmentneed notwait27 daysfrom sendingthe Proposed Order tocomplete and rendera Final AdministrativePaternityand Support Order, CS-OX40.If therespondentdoes not return the CS-ES97, the Department waits at least27 days after sendingthe Proposed Order beforecompletingaFinal AdministrativePaternityand Support Order.}

(d) Any Final Order of Paternity or Final Administrative Paternity and Support Order rendered as allowed by this rule has the same effect as a judgment entered by the circuit court pursuant to Chapter 742, F.S.

(e) The Department will notify the Department of Health’s Bureau of Vital Statistics when paternity is established for a child under this rule. The Department will ask the Bureau of Vital Statistics to amend the child’s birth certificate to include the name of the legal father. In cases where the child was born in a state or U.S. Territory other than Florida, the Department will send a copy of the Final Order of Paternity or Final Administrative Paternity and Support Order to the birth registrar where the child was born.

_{(16) Judicial Enforcement of AdministrativeSupport Order. TheDepartment mayinitiate judicial enforcement ofan administrativesupport order byfilinga petitionfor enforcement of administrative paternityand support order in circuitcourt. To do this, the Department must serve} the respondent with a summons and a copy of the petition. If the circuit court issues an order _{enforcingtheadministrativepaternityand support order, and therespondent does not comply, the Department mayinitiate contempt proceedingsforviolation ofthe courtorder.}

(17) Right to Judicial Review.

(a) Each Final Order of Paternity or Final Administrative Paternity and Support Order rendered by the Department shall inform the adversely affected party of his or her right to judicial review. The adversely affected party must file a Notice of Appeal within 30 days after the date of rendition of the final order.

(b) The Department has 30 days to ask for judicial review of any Final Order of Paternity or Final Administrative Paternity and Support Order issued by an administrative law judge.

(18) Modification, Termination, or Suspension of a Final Administrative Paternity and Support Order. The Department shall follow the procedures in Section 409.2563, F.S., to modify, or terminate the support obligation of a Final Administrative Paternity and Support Order.

(19) Dismissing the Administrative Paternity Proceeding. At any time before the entry of a Final Order of Paternity or a Final Administrative Paternity and Support Order, the Department may end the administrative proceeding and either close the case or proceed judicially. Instances when the Department will not proceed administratively include: a previous judicial support order for the children is provided by a party, the parties currently reside together as an intact family, or all the children reside with the alleged father. When the Department decides to end the administrative proceeding it will send the Dismissal of Administrative Proceeding form, CS-OA88, to the parties.

(20) Vacating Administrative Support Orders.

_{(a) TheDepartment vacates an administrative support order when the orderisrendered in errorresultinginafundamental defect, such as alack of jurisdiction and other reasons listed in subparagraphs 1. through3. Casesituations that requirevacatingtheadministrativesupport order include:}

_{1. TheDepartmentbecomes aware of asupport order that predates theadministrativesupport order.}

_{2.Information provided to the Department byanotherstatewas in error causingFloridato renderan order when itdid nothavethe authority.}

_{3. The casedid notmeetthe criterialisted in subsection (3).}

(21) Forms. Members of the public may get copies 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 409.2557(3)(p), 409.256(17), 409.25633(9) FS. Law Implemented 409.256, 409.2563, 409.25633 FS. History–New 4-5-16, Amended 9-19-17, 1-17-18, 9-17-18, 8-28-19, 11-12-20, 11-21-21, 6-9-22, 9-14-23, 11-16-23, Technical Change 4-27-26.

Effective: 11/16/2023.