Florida Regulations 69I-31.803: Garnishee Agency Responsibilities
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(1) All court documents should be served in accordance with Florida Statutes § 48.111 Service of garnishment writs must be on the employing state agency. The Bureau of State Payrolls will not respond on behalf of an agency served.
(2) Upon receipt of service of a garnishment applicable to a judgment, the agency served shall, within two (2) working days of service, determine if the judgment debtor is currently employed and if any wage amounts are due and owing to the judgment debtor by the agency. If the judgment debtor is currently employed, and if amounts are due and owing, the employing agency shall, on the same day of that determination transmit a facsimile copy of the garnishment to the Bureau at (850)413-5552, utilizing the Bureau of State Payrolls Garnishment Fax Form, Form DFS-A3-1928 (revised 07/14) http://www.flrules.org/Gateway/reference.asp?No=Ref-04943, is hereby incorporated by reference and is available at website: http://www.myfloridacfo.com/Division/AA/Manuals/BOSP_MANUAL2.pdf or by calling (850)413-5513.
(3) The agency served shall prepare and file a response to the garnishment, considering:
(a) Whether the agency has been properly served with the garnishment;
(b) Whether sovereign immunity has been waived due to the underlying cause of action having occurred on or after October 1, 1993 and the nature of the underlying cause of action; and
(c) If the judgment debtor is currently employed by the employing agency, the amount of disposable earnings as calculated by the Bureau. The employing agency may advise the judgment debtor of the head of family exemption from garnishment.
(4) At the same time the response to the garnishment is prepared, the employing agency shall mail a partially completed Debt Garnishment Information Form, Form DFS-A3-1927, to the judgment creditor (or judgment creditor’s attorney) instructing the judgment creditor to return the completed original form to the employing agency. Form DFS-A3-1927 (revised 07/14) http://www.flrules.org/Gateway/reference.asp?No=Ref-04942, is hereby incorporated by reference and is available at website http://www.myfloridacfo.com/Division/AA/Manuals/BOSP_MANUAL2.pdf or by calling (850)413-5513. The employing agency shall forward the completed original form to the Bureau.
(5) The employing agency shall send by facsimile transmission, a copy of the court’s final order of garnishment to the Bureau within two (2) working days of receipt utilizing Form DFS-A3-1928.
(6) If a judgment debtor is compensated simultaneously by more than one State agency, garnishment deductions will be taken only from salary payments of the employing agency served. Separate garnishment service must be made on each employing agency. An employing agency must disclose to the judgment creditor all dual employment arrangements of a judgment debtor.
(7) In the event the judgment debtor terminates employment with an employing agency, notice of the termination must be sent to the Bureau by the State agency. Should the judgment debtor not terminate from State employment, but begin working for a new agency, the judgment creditor must serve the new employing agency. No deductions will be made from the new employing agency’s payments to the judgment debtor until proper service has been made on the new employing agency and notification received by the Bureau pursuant to subsection 69I-31.803(2), F.A.C.
(8) Notification that the judgment has been satisfied or that the garnishment has been fully paid must be sent by facsimile transmission to the Bureau as soon as received by the employing agency to avoid excessive garnishment deductions from the judgment debtor, utilizing Form DFS-A3-1928.
(9) All notices, correspondence, or interoffice memoranda related to garnishment sent to the Bureau must include a complete case style.
Rulemaking Authority 17.14, 17.29 FS. Law Implemented 48.111, 77.0305, 222.11 FS. History-New 2-19-95, Amended 1-25-96, 2-4-98, 5-7-98, Formerly 3A-31.803, Amended 2-17-15.
Terms Used In Florida Regulations 69I-31.803
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
(3) The agency served shall prepare and file a response to the garnishment, considering:
(a) Whether the agency has been properly served with the garnishment;
(b) Whether sovereign immunity has been waived due to the underlying cause of action having occurred on or after October 1, 1993 and the nature of the underlying cause of action; and
(c) If the judgment debtor is currently employed by the employing agency, the amount of disposable earnings as calculated by the Bureau. The employing agency may advise the judgment debtor of the head of family exemption from garnishment.
(4) At the same time the response to the garnishment is prepared, the employing agency shall mail a partially completed Debt Garnishment Information Form, Form DFS-A3-1927, to the judgment creditor (or judgment creditor’s attorney) instructing the judgment creditor to return the completed original form to the employing agency. Form DFS-A3-1927 (revised 07/14) http://www.flrules.org/Gateway/reference.asp?No=Ref-04942, is hereby incorporated by reference and is available at website http://www.myfloridacfo.com/Division/AA/Manuals/BOSP_MANUAL2.pdf or by calling (850)413-5513. The employing agency shall forward the completed original form to the Bureau.
(5) The employing agency shall send by facsimile transmission, a copy of the court’s final order of garnishment to the Bureau within two (2) working days of receipt utilizing Form DFS-A3-1928.
(6) If a judgment debtor is compensated simultaneously by more than one State agency, garnishment deductions will be taken only from salary payments of the employing agency served. Separate garnishment service must be made on each employing agency. An employing agency must disclose to the judgment creditor all dual employment arrangements of a judgment debtor.
(7) In the event the judgment debtor terminates employment with an employing agency, notice of the termination must be sent to the Bureau by the State agency. Should the judgment debtor not terminate from State employment, but begin working for a new agency, the judgment creditor must serve the new employing agency. No deductions will be made from the new employing agency’s payments to the judgment debtor until proper service has been made on the new employing agency and notification received by the Bureau pursuant to subsection 69I-31.803(2), F.A.C.
(8) Notification that the judgment has been satisfied or that the garnishment has been fully paid must be sent by facsimile transmission to the Bureau as soon as received by the employing agency to avoid excessive garnishment deductions from the judgment debtor, utilizing Form DFS-A3-1928.
(9) All notices, correspondence, or interoffice memoranda related to garnishment sent to the Bureau must include a complete case style.
Rulemaking Authority 17.14, 17.29 FS. Law Implemented 48.111, 77.0305, 222.11 FS. History-New 2-19-95, Amended 1-25-96, 2-4-98, 5-7-98, Formerly 3A-31.803, Amended 2-17-15.