_h7083c1
CS/HB 7083

1
A bill to be entitled
2An act relating to child support enforcement; amending s.
361.13, F.S.; deleting a reference to health insurance with
4respect to a proceeding to determine each parent's share
5of a child's medical-support-only obligation; providing
6the procedure for child support payments to be paid
7through the depository; clarifying that income deduction
8payments are required to be paid to the State Disbursement
9Unit; amending s. 61.30, F.S.; authorizing the Department
10of Revenue to provide documentation of the income of a
11parent receiving public assistance to the court under
12certain circumstances; amending s. 382.013, F.S.;
13authorizing paternity determination based on final
14judgment of dissolution of marriage requiring the former
15husband to pay child support; authorizing the Department
16of Health to amend a birth certificate to reflect marital
17status if the mother and father marry after the birth of
18the child; amending s. 382.015, F.S.; authorizing the
19Office of Vital Statistics to amend a birth certificate to
20include the name of the legal father when a final judgment
21of dissolution of marriage requires the former husband to
22pay support for the child; amending s. 382.016, F.S.;
23authorizing the Office of Vital Statistics to amend a
24child's birth certificate to include the name of the legal
25father upon receipt of a marriage license that identifies
26the registrant; amending s. 409.2558, F.S.; creating
27additional priorities for processing undistributable
28collections; authorizing the Department of Revenue to
29retain uncashed checks or closed Title IV-D case balances
30of child support collections under $1; amending s.
31409.256, F.S.; revising definitions; permitting a person
32ordered to appear for genetic testing to contest the order
33by filing a written request for informal review within a
34specified time period; amending s. 409.2563, F.S.;
35revising the definition of the term "caretaker relative";
36conforming terminology; conforming a reference; amending
37s. 409.25635, F.S.; authorizing the Department of Revenue
38to collect noncovered medical expenses in installments by
39issuing an income deduction notice; amending s. 409.2564,
40F.S.; deleting the requirement for reducing the child
41support guideline amount for retroactive support by 25
42percent; providing a process for court hearings relating
43to support order reviews; requiring the department, rather
44than the Title IV-D agency, to review and take certain
45actions with respect to child support orders; providing
46for modification of a child support order; requiring the
47department to file a petition to modify the order and
48specified financial documentation under certain
49circumstances; providing procedures for a party to obtain
50a court hearing; amending s. 409.2567, F.S.; authorizing
51the Department of Revenue to seek a waiver from certain
52application requirements from the United States Department
53of Health and Human Services under certain conditions;
54amending s. 409.259, F.S.; extending the deadline for
55implementing electronic filing in Title IV-D cases to
56coincide with completion of the department's Child Support
57Automated Management System II; amending s. 409.910, F.S.;
58authorizing the Agency for Health Care Administration to
59provide health insurance information to the Department of
60Revenue for administering the Title IV-D program;
61requiring the agency and the department to enter into a
62cooperative agreement to implement the requirement;
63amending s. 414.095, F.S.; requiring a family to assign
64rights to receive certain financial support to the
65Department of Revenue, rather than the Department of
66Children and Family Services, as a condition of receiving
67temporary cash assistance; amending s. 741.01, F.S.;
68providing that an application for a marriage license must
69allow both parties to the marriage to state under oath and
70in writing if they are the parents of any child born in
71the state and to identify any child they have in common;
72requiring the name of any child recorded by both parties
73to be transmitted to the Department of Health; reenacting
74ss. 61.14(1)(c) and 61.30(1)(c), F.S., relating to the
75enforcement and modification of support, maintenance, or
76alimony agreements or orders and child support guidelines,
77respectively, to incorporate the amendments made to s.
78409.2564, F.S., in references thereto; providing effective
79dates.
80
81Be It Enacted by the Legislature of the State of Florida:
82
83     Section 1.  Paragraphs (b) and (d) of subsection (1) of
84section 61.13, Florida Statutes, are amended to read:
85     61.13  Support of children; parenting and time-sharing;
86powers of court.-
87     (1)
88     (b)  Each order for support shall contain a provision for
89health insurance for the minor child when health insurance is
90reasonable in cost and accessible to the child. Health insurance
91is presumed to be reasonable in cost if the incremental cost of
92adding health insurance for the child or children does not
93exceed 5 percent of the gross income, as defined in s. 61.30, of
94the parent responsible for providing health insurance. Health
95insurance is accessible to the child if the health insurance is
96available to be used in the county of the child's primary
97residence or in another county if the parent who has the most
98time under the time-sharing plan agrees. If the time-sharing
99plan provides for equal time-sharing, health insurance is
100accessible to the child if the health insurance is available to
101be used in either county where the child resides or in another
102county if both parents agree. The court may require the obligor
103to provide health insurance or to reimburse the obligee for the
104cost of health insurance for the minor child when insurance is
105provided by the obligee. The presumption of reasonable cost may
106be rebutted by evidence of any of the factors in s.
10761.30(11)(a). The court may deviate from what is presumed
108reasonable in cost only upon a written finding explaining its
109determination why ordering or not ordering the provision of
110health insurance or the reimbursement of the obligee's cost for
111providing health insurance for the minor child would be unjust
112or inappropriate. In any event, the court shall apportion the
113cost of health insurance, and any noncovered medical, dental,
114and prescription medication expenses of the child, to both
115parties by adding the cost to the basic obligation determined
116pursuant to s. 61.30(6). The court may order that payment of
117noncovered medical, dental, and prescription medication expenses
118of the minor child be made directly to the obligee on a
119percentage basis. In a proceeding for medical support only, each
120parent's share of the child's health insurance and noncovered
121medical expenses shall equal the parent's percentage share of
122the combined net income of the parents. The percentage share
123shall be calculated by dividing each parent's net monthly income
124by the combined monthly net income of both parents. Net income
125is calculated as specified by s. 61.30(3) and (4).
126     1.  In a non-Title IV-D case, a copy of the court order for
127health insurance shall be served on the obligor's union or
128employer by the obligee when the following conditions are met:
129     a.  The obligor fails to provide written proof to the
130obligee within 30 days after receiving effective notice of the
131court order that the health insurance has been obtained or that
132application for health insurance has been made;
133     b.  The obligee serves written notice of intent to enforce
134an order for health insurance on the obligor by mail at the
135obligor's last known address; and
136     c.  The obligor fails within 15 days after the mailing of
137the notice to provide written proof to the obligee that the
138health insurance existed as of the date of mailing.
139     2.a.  A support order enforced under Title IV-D of the
140Social Security Act which requires that the obligor provide
141health insurance is enforceable by the department through the
142use of the national medical support notice, and an amendment to
143the support order is not required. The department shall transfer
144the national medical support notice to the obligor's union or
145employer. The department shall notify the obligor in writing
146that the notice has been sent to the obligor's union or
147employer, and the written notification must include the
148obligor's rights and duties under the national medical support
149notice. The obligor may contest the withholding required by the
150national medical support notice based on a mistake of fact. To
151contest the withholding, the obligor must file a written notice
152of contest with the department within 15 business days after the
153date the obligor receives written notification of the national
154medical support notice from the department. Filing with the
155department is complete when the notice is received by the person
156designated by the department in the written notification. The
157notice of contest must be in the form prescribed by the
158department. Upon the timely filing of a notice of contest, the
159department shall, within 5 business days, schedule an informal
160conference with the obligor to discuss the obligor's factual
161dispute. If the informal conference resolves the dispute to the
162obligor's satisfaction or if the obligor fails to attend the
163informal conference, the notice of contest is deemed withdrawn.
164If the informal conference does not resolve the dispute, the
165obligor may request an administrative hearing under chapter 120
166within 5 business days after the termination of the informal
167conference, in a form and manner prescribed by the department.
168However, the filing of a notice of contest by the obligor does
169not delay the withholding of premium payments by the union,
170employer, or health plan administrator. The union, employer, or
171health plan administrator must implement the withholding as
172directed by the national medical support notice unless notified
173by the department that the national medical support notice is
174terminated.
175     b.  In a Title IV-D case, the department shall notify an
176obligor's union or employer if the obligation to provide health
177insurance through that union or employer is terminated.
178     3.  In a non-Title IV-D case, upon receipt of the order
179pursuant to subparagraph 1., or upon application of the obligor
180pursuant to the order, the union or employer shall enroll the
181minor child as a beneficiary in the group health plan regardless
182of any restrictions on the enrollment period and withhold any
183required premium from the obligor's income. If more than one
184plan is offered by the union or employer, the child shall be
185enrolled in the group health plan in which the obligor is
186enrolled.
187     4.a.  Upon receipt of the national medical support notice
188under subparagraph 2. in a Title IV-D case, the union or
189employer shall transfer the notice to the appropriate group
190health plan administrator within 20 business days after the date
191on the notice. The plan administrator must enroll the child as a
192beneficiary in the group health plan regardless of any
193restrictions on the enrollment period, and the union or employer
194must withhold any required premium from the obligor's income
195upon notification by the plan administrator that the child is
196enrolled. The child shall be enrolled in the group health plan
197in which the obligor is enrolled. If the group health plan in
198which the obligor is enrolled is not available where the child
199resides or if the obligor is not enrolled in group coverage, the
200child shall be enrolled in the lowest cost group health plan
201that is accessible to the child.
202     b.  If health insurance or the obligor's employment is
203terminated in a Title IV-D case, the union or employer that is
204withholding premiums for health insurance under a national
205medical support notice must notify the department within 20 days
206after the termination and provide the obligor's last known
207address and the name and address of the obligor's new employer,
208if known.
209     5.a.  The amount withheld by a union or employer in
210compliance with a support order may not exceed the amount
211allowed under s. 303(b) of the Consumer Credit Protection Act,
21215 U.S.C. s. 1673(b), as amended. The union or employer shall
213withhold the maximum allowed by the Consumer Credit Protection
214Act in the following order:
215     (I)  Current support, as ordered.
216     (II)  Premium payments for health insurance, as ordered.
217     (III)  Past due support, as ordered.
218     (IV)  Other medical support or insurance, as ordered.
219     b.  If the combined amount to be withheld for current
220support plus the premium payment for health insurance exceed the
221amount allowed under the Consumer Credit Protection Act, and the
222health insurance cannot be obtained unless the full amount of
223the premium is paid, the union or employer may not withhold the
224premium payment. However, the union or employer shall withhold
225the maximum allowed in the following order:
226     (I)  Current support, as ordered.
227     (II)  Past due support, as ordered.
228     (III)  Other medical support or insurance, as ordered.
229     6.  An employer, union, or plan administrator who does not
230comply with the requirements in sub-subparagraph 4.a. is subject
231to a civil penalty not to exceed $250 for the first violation
232and $500 for subsequent violations, plus attorney's fees and
233costs. The department may file a petition in circuit court to
234enforce the requirements of this subparagraph.
235     7.  The department may adopt rules to administer the child
236support enforcement provisions of this section that affect Title
237IV-D cases.
238     (d)1.  All child support orders shall provide the full name
239and date of birth of each minor child who is the subject of the
240child support order.
241     2.  If both parties request and the court finds that it is
242in the best interest of the child, support payments need not be
243subject to immediate income deduction. Support orders that are
244not subject to immediate income deduction may be directed
245through the depository under s. 61.181 or made payable directly
246to the obligee. Payments for all support orders that provide for
247immediate income deduction shall be made to the State
248Disbursement Unit. The court shall provide a copy of the order
249to the depository.
250     3.  For support orders payable directly to the obligee that
251do not provide for immediate income deduction, any party, or the
252department IV-D agency in a IV-D case, may subsequently file an
253affidavit with the depository State Disbursement Unit alleging a
254default in payment of child support and stating that the party
255wishes to require that payments be made through the depository
256State Disbursement Unit. The party shall provide copies of the
257affidavit to the court and to each other party. Fifteen days
258after receipt of the affidavit, the depository State
259Disbursement Unit shall notify all parties that future payments
260shall be paid through the depository, except that income
261deduction payments shall be made to the State Disbursement Unit.
262     Section 2.  Effective July 1, 2010, subsection (15) of
263section 61.30, Florida Statutes, is amended to read:
264     61.30  Child support guidelines; retroactive child
265support.-
266     (15)  For purposes of establishing an obligation for
267support in accordance with this section, if a person who is
268receiving public assistance is found to be noncooperative as
269defined in s. 409.2572, the department IV-D agency is authorized
270to submit to the court an affidavit or written declaration
271signed under penalty of perjury pursuant to s. 92.525(2)
272attesting to the income of that parent based upon information
273available to the department IV-D agency.
274     Section 3.  Subsection (2) of section 382.013, Florida
275Statutes, is amended to read:
276     382.013  Birth registration.-A certificate for each live
277birth that occurs in this state shall be filed within 5 days
278after such birth with the local registrar of the district in
279which the birth occurred and shall be registered by the local
280registrar if the certificate has been completed and filed in
281accordance with this chapter and adopted rules. The information
282regarding registered births shall be used for comparison with
283information in the state case registry, as defined in chapter
28461.
285     (2)  PATERNITY.-
286     (a)  If the mother is married at the time of birth, the
287name of the husband shall be entered on the birth certificate as
288the father of the child, unless paternity has been determined
289otherwise by a court of competent jurisdiction.
290     (b)  Notwithstanding paragraph (a), if the husband of the
291mother dies while the mother is pregnant but before the birth of
292the child, the name of the deceased husband shall be entered on
293the birth certificate as the father of the child, unless
294paternity has been determined otherwise by a court of competent
295jurisdiction.
296     (c)  If the mother is not married at the time of the birth,
297the name of the father may not be entered on the birth
298certificate without the execution of an affidavit signed by both
299the mother and the person to be named as the father. The
300facility shall give notice orally or through the use of video or
301audio equipment, and in writing, of the alternatives to, the
302legal consequences of, and the rights, including, if one parent
303is a minor, any rights afforded due to minority status, and
304responsibilities that arise from signing an acknowledgment of
305paternity, as well as information provided by the Title IV-D
306agency established pursuant to s. 409.2557, regarding the
307benefits of voluntary establishment of paternity. Upon request
308of the mother and the person to be named as the father, the
309facility shall assist in the execution of the affidavit, a
310notarized voluntary acknowledgment of paternity, or a voluntary
311acknowledgment of paternity that is witnessed by two individuals
312and signed under penalty of perjury as specified by s.
31392.525(2).
314     (d)  If the paternity of the child is determined by a court
315of competent jurisdiction as provided under s. 382.015, or if
316there is a final judgment of dissolution of marriage that
317requires the former husband to pay child support for the child,
318the name of the father and the surname of the child shall be
319entered on the certificate in accordance with the finding and
320order of the court. If the court fails to specify a surname for
321the child, the surname shall be entered in accordance with
322subsection (3).
323     (e)  If the paternity of the child is determined pursuant
324to s. 409.256, the name of the father and the surname of the
325child shall be entered on the certificate in accordance with the
326finding and order of the Department of Revenue.
327     (f)  If the mother and father marry each other at any time
328after the child's birth, upon receipt of a marriage license that
329identifies any such child, the department shall amend the birth
330certificate with regard to the parents' marital status as though
331the parents were married at the time of the child's birth.
332     (g)(f)  If the father is not named on the certificate, no
333other information about the father shall be entered on the
334certificate.
335     Section 4.  Subsection (2) of section 382.015, Florida
336Statutes, is amended to read:
337     382.015  New certificates of live birth; duty of clerks of
338court and department.-The clerk of the court in which any
339proceeding for adoption, annulment of an adoption, affirmation
340of parental status, or determination of paternity is to be
341registered, shall within 30 days after the final disposition,
342forward to the department a certified copy of the court order,
343or a report of the proceedings upon a form to be furnished by
344the department, together with sufficient information to identify
345the original birth certificate and to enable the preparation of
346a new birth certificate. The clerk of the court shall implement
347a monitoring and quality control plan to ensure that all
348judicial determinations of paternity are reported to the
349department in compliance with this section. The department shall
350track paternity determinations reported monthly by county,
351monitor compliance with the 30-day timeframe, and report the
352data to the clerks of the court quarterly.
353     (2)  DETERMINATION OF PATERNITY.-Upon receipt of the
354report, or a certified copy of a final decree of determination
355of paternity, or a certified copy of a final judgment of
356dissolution of marriage that requires the former husband to pay
357support for the child, together with sufficient information to
358identify the original certificate of live birth, the department
359shall prepare and file a new birth certificate which shall bear
360the same file number as the original birth certificate. The
361registrant's name shall be entered as decreed by the court or as
362reflected in the final judgment or support order. The names and
363identifying information of the parents shall be entered as of
364the date of the registrant's birth.
365     Section 5.  Paragraph (b) of subsection (1) of section
366382.016, Florida Statutes, is amended to read:
367     382.016  Amendment of records.-The department, upon receipt
368of the fee prescribed in s. 382.0255; documentary evidence, as
369specified by rule, of any misstatement, error, or omission
370occurring in any birth, death, or fetal death record; and an
371affidavit setting forth the changes to be made, shall amend or
372replace the original certificate as necessary.
373     (1)  CERTIFICATE OF LIVE BIRTH AMENDMENT.-
374     (b)  Upon written request and receipt of an affidavit, a
375notarized voluntary acknowledgment of paternity signed by the
376mother and father acknowledging the paternity of a registrant
377born out of wedlock, or a voluntary acknowledgment of paternity
378that is witnessed by two individuals and signed under penalty of
379perjury as specified by s. 92.525(2), together with sufficient
380information to identify the original certificate of live birth,
381the department shall prepare a new birth certificate, which
382shall bear the same file number as the original birth
383certificate. The names and identifying information of the
384parents shall be entered as of the date of the registrant's
385birth. The surname of the registrant may be changed from that
386shown on the original birth certificate at the request of the
387mother and father of the registrant, or the registrant if of
388legal age. If the mother and father marry each other at any time
389after the registrant's birth, the department shall, upon receipt
390of a marriage license that identifies the registrant, or upon
391the request of the mother and father or the registrant if the
392registrant is of legal age, and upon proof of the marriage,
393amend the certificate with regard to the parents' marital status
394as though the parents were married at the time of birth. The
395department shall substitute the new certificate of birth for the
396original certificate on file. All copies of the original
397certificate of live birth in the custody of a local registrar or
398other state custodian of vital records shall be forwarded to the
399State Registrar. Thereafter, when a certified copy of the
400certificate of birth or portion thereof is issued, it shall be a
401copy of the new certificate of birth or portion thereof, except
402when a court order requires issuance of a certified copy of the
403original certificate of birth. Except for a birth certificate on
404which a father is listed pursuant to an affidavit, a notarized
405voluntary acknowledgment of paternity signed by the mother and
406father acknowledging the paternity of a registrant born out of
407wedlock, or a voluntary acknowledgment of paternity that is
408witnessed by two individuals and signed under penalty of perjury
409as specified by s. 92.525(2), the department shall place the
410original certificate of birth and all papers pertaining thereto
411under seal, not to be broken except by order of a court of
412competent jurisdiction or as otherwise provided by law.
413     Section 6.  Effective July 1, 2010, paragraph (b) of
414subsection (3) of section 409.2558, Florida Statutes, is amended
415to read:
416     409.2558  Support distribution and disbursement.-
417     (3)  UNDISTRIBUTABLE COLLECTIONS.-
418     (b)  Collections that are determined to be undistributable
419shall be processed in the following order of priority:
420     1.  Apply the payment to any financial liability incurred
421by the obligor as a result of a previous payment returned to the
422department for insufficient funds; then
423     2.  Apply the payment to any financial liability incurred
424by the obligor as a result of an overpayment to the obligor that
425the obligor has failed to return to the department after notice;
426then
427     3.  Apply the payment to any financial liability incurred
428by the obligee as a result of an overpayment to the obligee that
429the obligee has failed to return to the department after notice;
430then
431     4.1.  Apply the payment to any assigned arrears on the
432obligee's case; then
433     5.2.  Apply the payment to any administrative costs ordered
434by the court pursuant to s. 409.2567 associated with the
435obligee's case; then
436     6.3.  When the obligor is subject to a valid order to
437support another child in a case with a different obligee and the
438obligation is being enforced by the department, the department
439shall send by certified mail, restricted delivery, return
440receipt requested, to the obligor at the most recent address
441provided by the obligor to the tribunal that issued the order, a
442notice stating the department's intention to apply the payment
443pursuant to this subparagraph, and advising the obligor of the
444right to contest the department's proposed action in the circuit
445court by filing and serving a petition on the department within
44630 days after the mailing of the notice. If the obligor does not
447file and serve a petition within the 30 days after mailing of
448the notice, or upon a disposition of the judicial action
449favorable to the department, the department shall apply the
450payment toward his or her other support obligation. If there is
451more than one such other case, the department shall allocate the
452remaining undistributable amount as specified by s.
45361.1301(4)(c); then
454     7.4.  Return the payment to the obligor; then
455     8.5.  If the obligor cannot be located after diligent
456efforts by the department, the federal share of the payment
457shall be credited to the Federal Government and the state share
458shall be transferred to the General Revenue Fund.
459     Section 7.  Effective July 1, 2010, paragraph (d) is added
460to subsection (3) of section 409.2558, Florida Statutes, to
461read:
462     409.2558  Support distribution and disbursement.-
463     (3)  UNDISTRIBUTABLE COLLECTIONS.-
464     (d)  If a payment of less than $1 is made by a paper check
465on an open Title IV-D case and the payment is not cashed after
466180 days, or less than $1 is owed on a closed Title IV-D case,
467the department shall declare the payment as program income,
468crediting the federal share of the payment to the Federal
469Government and the state share of the payment to the General
470Revenue Fund, without attempting to locate either party.
471     Section 8.  Section 409.256, Florida Statutes, is amended
472to read:
473     409.256  Administrative proceeding to establish paternity
474or paternity and child support; order to appear for genetic
475testing.-
476     (1)  DEFINITIONS.-As used in this section, the term:
477     (a)  "Another state" or "other state" means a state of the
478United States, the District of Columbia, Puerto Rico, the United
479States Virgin Islands, or any territory or insular possession
480subject to the jurisdiction of the United States. The term
481includes:
482     1.  An Indian tribe.
483     2.  A foreign jurisdiction that has enacted a law or
484established procedures for issuance and enforcement of support
485orders which are substantially similar to the procedures under
486this act, the Uniform Reciprocal Enforcement of Support Act, or
487the Revised Uniform Reciprocal Enforcement of Support Act, as
488determined by the Attorney General.
489     (b)  "Caregiver Custodian" means a person, other than the
490mother, father, or a putative father, who has physical custody
491of a child or with whom the child primarily resides. References
492in this section to the obligation of a caregiver custodian to
493submit to genetic testing mean that the caregiver custodian is
494obligated to submit the child for genetic testing, not that the
495caregiver custodian must submit to genetic testing.
496     (c)  "Filed" means a document has been received and
497accepted for filing at the offices of the department of Revenue
498by the clerk or an authorized deputy clerk designated by the
499department.
500     (d)  "Genetic testing" means a scientific analysis of
501genetic markers that is performed by a qualified technical
502laboratory only to exclude an individual as the parent of a
503child or to show a probability of paternity.
504     (e)  "Paternity and child support proceeding" means an
505administrative action commenced by the department of Revenue to
506order genetic testing, establish paternity, and establish an
507administrative support order pursuant to this section.
508     (f)  "Paternity proceeding" means an administrative action
509commenced by the department of Revenue to order genetic testing
510and establish paternity pursuant to this section.
511     (g) "Putative father" means an individual who is or may be
512the biological father of a child whose paternity has not been
513established and whose mother was unmarried when the child was
514conceived and born.
515     (h)  "Qualified technical laboratory" means a genetic-
516testing laboratory that may be under contract with the
517department of Revenue, that uses tests and methods of a type
518generally acknowledged as reliable by accreditation
519organizations recognized by the United States Department of
520Health and Human Services, and that is approved by such an
521accreditation organization. The term includes a genetic-testing
522laboratory used by another state, if the laboratory has
523comparable qualifications.
524     (i)  "Rendered" means that a signed written order is filed
525with the clerk or a deputy clerk of the department of Revenue
526and served on the respondent. The date of filing must be
527indicated on the face of the order at the time of rendition.
528     (j)  "Respondent" means the person or persons served by the
529department of Revenue with a notice of proceeding pursuant to
530subsection (4). The term includes the putative father and may
531include the mother or the caregiver custodian of the child.
532     (k)  "This state" or "the state" means the State of
533Florida.
534     (2)  JURISDICTION; LOCATION OF HEARINGS; RIGHT OF ACCESS TO
535THE COURTS.-
536     (a)  The department of Revenue may commence a paternity
537proceeding or a paternity and child support proceeding as
538provided in subsection (4) if:
539     1.  The child's paternity has not been established.
540     2.  No one is named as the father on the child's birth
541certificate or the person named as the father is the putative
542father named in an affidavit or a written declaration as
543provided in subparagraph 5.
544     3.  The child's mother was unmarried when the child was
545conceived and born.
546     4.  The department of Revenue is providing services under
547Title IV-D.
548     5.  The child's mother or caregiver or a putative father
549has stated in an affidavit, or in a written declaration as
550provided in s. 92.525(2) that the putative father is or may be
551the child's biological father. The affidavit or written
552declaration must set forth the factual basis for the allegation
553of paternity as provided in s. 742.12(2).
554     (b)  If the department of Revenue receives a request from
555another state to assist in the establishment of paternity, the
556department may serve an order to appear for genetic testing on a
557person who resides in this state and transmit the test results
558to the other state without commencing a paternity proceeding in
559this state.
560     (c)  The department of Revenue may use the procedures
561authorized by this section against a nonresident over whom this
562state may assert personal jurisdiction under chapter 48 or
563chapter 88.
564     (d)  If a putative father, mother, or caregiver custodian
565in a Title IV-D case voluntarily submits to genetic testing, the
566department of Revenue may schedule that individual or the child
567for genetic testing without serving that individual with an
568order to appear for genetic testing. A respondent or other
569person who is subject to an order to appear for genetic testing
570may waive, in writing or on the record at an administrative
571hearing, formal service of notices or orders or waive any other
572rights or time periods prescribed by this section.
573     (e)  Whenever practicable, hearings held by the Division of
574Administrative Hearings pursuant to this section shall be held
575in the judicial circuit where the person receiving services
576under Title IV-D resides or, if the person receiving services
577under Title IV-D does not reside in this state, in the judicial
578circuit where the respondent resides. If the department of
579Revenue and the respondent agree, the hearing may be held in
580another location. If ordered by the administrative law judge,
581the hearing may be conducted telephonically or by
582videoconference.
583     (f)  The Legislature does not intend to limit the
584jurisdiction of the circuit courts to hear and determine issues
585regarding establishment of paternity. This section is intended
586to provide the department of Revenue with an alternative
587procedure for establishing paternity and child support
588obligations in Title IV-D cases. This section does not prohibit
589a person who has standing from filing a civil action in circuit
590court for a determination of paternity or of child support
591obligations.
592     (g)  Section 409.2563(2)(e), (f), and (g) apply to a
593proceeding under this section.
594     (3)  MULTIPLE PUTATIVE FATHERS; MULTIPLE CHILDREN.-If more
595than one putative father has been named, the department of
596Revenue may proceed under this section against a single putative
597father or may proceed simultaneously against more than one
598putative father. If a putative father has been named as a
599possible father of more than one child born to the same mother,
600the department may proceed to establish the paternity of each
601child in the same proceeding.
602     (4)  NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR
603PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC
604TESTING; MANNER OF SERVICE; CONTENTS.-The department of Revenue
605shall commence a proceeding to determine paternity, or a
606proceeding to determine both paternity and child support, by
607serving the respondent with a notice as provided in this
608section. An order to appear for genetic testing may be served at
609the same time as a notice of the proceeding or may be served
610separately. A copy of the affidavit or written declaration upon
611which the proceeding is based shall be provided to the
612respondent when notice is served. A notice or order to appear
613for genetic testing shall be served by certified mail,
614restricted delivery, return receipt requested, or in accordance
615with the requirements for service of process in a civil action.
616Service by certified mail is completed when the certified mail
617is received or refused by the addressee or by an authorized
618agent as designated by the addressee in writing. If a person
619other than the addressee signs the return receipt, the
620department shall attempt to reach the addressee by telephone to
621confirm whether the notice was received, and the department
622shall document any telephonic communications. If someone other
623than the addressee signs the return receipt, the addressee does
624not respond to the notice, and the department is unable to
625confirm that the addressee has received the notice, service is
626not completed and the department shall attempt to have the
627addressee served personally. For purposes of this section, an
628employee or an authorized agent of the department may serve the
629notice or order to appear for genetic testing and execute an
630affidavit of service. The department may serve an order to
631appear for genetic testing on a caregiver custodian. The
632department shall provide a copy of the notice or order to appear
633by regular mail to the mother and caregiver custodian, if they
634are not respondents.
635     (a)  A notice of proceeding to establish paternity must
636state:
637     1.  That the department has commenced an administrative
638proceeding to establish whether the putative father is the
639biological father of the child named in the notice.
640     2.  The name and date of birth of the child and the name of
641the child's mother.
642     3.  That the putative father has been named in an affidavit
643or written declaration that states the putative father is or may
644be the child's biological father.
645     4.  That the respondent is required to submit to genetic
646testing.
647     5.  That genetic testing will establish either a high
648degree of probability that the putative father is the biological
649father of the child or that the putative father cannot be the
650biological father of the child.
651     6.  That if the results of the genetic test do not indicate
652a statistical probability of paternity that equals or exceeds 99
653percent, the paternity proceeding in connection with that child
654shall cease unless a second or subsequent test is required.
655     7.  That if the results of the genetic test indicate a
656statistical probability of paternity that equals or exceeds 99
657percent, the department may:
658     a.  Issue a proposed order of paternity that the respondent
659may consent to or contest at an administrative hearing; or
660     b.  Commence a proceeding, as provided in s. 409.2563, to
661establish an administrative support order for the child. Notice
662of the proceeding shall be provided to the respondent by regular
663mail.
664     8.  That, if the genetic test results indicate a
665statistical probability of paternity that equals or exceeds 99
666percent and a proceeding to establish an administrative support
667order is commenced, the department shall issue a proposed order
668that addresses paternity and child support. The respondent may
669consent to or contest the proposed order at an administrative
670hearing.
671     9.  That if a proposed order of paternity or proposed order
672of both paternity and child support is not contested, the
673department shall adopt the proposed order and render a final
674order that establishes paternity and, if appropriate, an
675administrative support order for the child.
676     10.  That, until the proceeding is ended, the respondent
677shall notify the department in writing of any change in the
678respondent's mailing address and that the respondent shall be
679deemed to have received any subsequent order, notice, or other
680paper mailed to the most recent address provided or, if a more
681recent address is not provided, to the address at which the
682respondent was served, and that this requirement continues if
683the department renders a final order that establishes paternity
684and a support order for the child.
685     11.  That the respondent may file an action in circuit
686court for a determination of paternity, child support
687obligations, or both.
688     12.  That if the respondent files an action in circuit
689court and serves the department with a copy of the petition or
690complaint within 20 days after being served notice under this
691subsection, the administrative process ends without prejudice
692and the action must proceed in circuit court.
693     13.  That, if paternity is established, the putative father
694may file a petition in circuit court for a determination of
695matters relating to custody and rights of parental contact.
696
697A notice under this paragraph must also notify the respondent of
698the provisions in s. 409.2563(4)(m) and (o).
699     (b)  A notice of proceeding to establish paternity and
700child support must state the requirements of paragraph (a),
701except for subparagraph (a)7., and must state the requirements
702of s. 409.2563(4), to the extent that the requirements of s.
703409.2563(4) are not already required by and do not conflict with
704this subsection. This section and s. 409.2563 apply to a
705proceeding commenced under this subsection.
706     (c)  The order to appear for genetic testing shall inform
707the person ordered to appear:
708     1.  That the department has commenced an administrative
709proceeding to establish whether the putative father is the
710biological father of the child.
711     2.  The name and date of birth of the child and the name of
712the child's mother.
713     3.  That the putative father has been named in an affidavit
714or written declaration that states the putative father is or may
715be the child's biological father.
716     4.  The date, time, and place that the person ordered to
717appear must appear to provide a sample for genetic testing.
718     5.  That if the person has custody of the child whose
719paternity is the subject of the proceeding, the person must
720submit the child for genetic testing.
721     6.  That when the samples are provided, the person ordered
722to appear shall verify his or her identity and the identity of
723the child, if applicable, by presenting a form of identification
724as prescribed by s. 117.05(5)(b)2. that bears the photograph of
725the person who is providing the sample or other form of
726verification approved by the department.
727     7.  That if the person ordered to appear submits to genetic
728testing, the department shall pay the cost of the genetic
729testing and shall provide the person ordered to appear with a
730copy of any test results obtained.
731     8.  That if the person ordered to appear does not appear as
732ordered or refuses to submit to genetic testing without good
733cause, the department may take one or more of the following
734actions:
735     a.  Commence proceedings to suspend the driver's license
736and motor vehicle registration of the person ordered to appear,
737as provided in s. 61.13016;
738     b.  Impose an administrative fine against the person
739ordered to appear in the amount of $500; or
740     c.  File a petition in circuit court to establish paternity
741and obtain a support order for the child and an order for costs
742against the person ordered to appear, including costs for
743genetic testing.
744     9.  That the person ordered to appear may contest the order
745by filing a written request for informal review within 15 days
746after the date of service of the order, with further rights to
747an administrative hearing following the informal review.
748     (d)  If the putative father is incarcerated, the
749correctional facility shall assist the putative father in
750complying with an administrative order to appear for genetic
751testing issued under this section.
752     (e)  An administrative order to appear for genetic testing
753has the same force and effect as a court order.
754     (5)  RIGHT TO CONTEST ORDER TO APPEAR FOR GENETIC TESTING.-
755     (a)  The person ordered to appear may contest an order to
756appear for genetic testing by filing a written request for
757informal review with the department of Revenue within 15 days
758after the date of service of the order. The purpose of the
759informal review is to provide the person ordered to appear with
760an opportunity to discuss the proceedings and the basis of the
761order. At the conclusion of the informal review, the department
762shall notify the person ordered to appear, in writing, whether
763it intends to proceed with the order to appear. If the
764department notifies the person ordered to appear of its intent
765to proceed, the notice must inform the person ordered to appear
766of the right to contest the order at an administrative hearing.
767     (b)  Following an informal review, within 15 days after the
768mailing date of the department's Department of Revenue's
769notification that the department shall proceed with an order to
770appear for genetic testing, the person ordered to appear may
771file a request for an administrative hearing to contest whether
772the person should be required to submit to genetic testing. A
773request for an administrative hearing must state the specific
774reasons why the person ordered to appear believes he or she
775should not be required to submit to genetic testing as ordered.
776If the person ordered to appear files a timely request for a
777hearing, the department shall refer the hearing request to the
778Division of Administrative Hearings. Unless otherwise provided
779in this section, administrative hearings are governed by chapter
780120 and the uniform rules of procedure. The administrative law
781judge assigned to the case shall issue an order as to whether
782the person must submit to genetic testing in accordance with the
783order to appear. The department or the person ordered to appear
784may seek immediate judicial review under s. 120.68 of an order
785issued by an administrative law judge pursuant to this
786paragraph.
787     (c)  If a timely request for an informal review or an
788administrative hearing is filed, the department may not proceed
789under the order to appear for genetic testing and may not impose
790sanctions for failure or refusal to submit to genetic testing
791until:
792     1.  The department has notified the person of its intent to
793proceed after informal review, and a timely request for hearing
794is not filed;
795     2.  The person ordered to appear withdraws the request for
796hearing or informal review; or
797     3.  The Division of Administrative Hearings issues an order
798that the person must submit to genetic testing, or issues an
799order closing the division's file, and that an order has become
800final.
801     (d)  If a request for an informal review or administrative
802hearing is not timely filed, the person ordered to appear is
803deemed to have waived the right to a hearing, and the department
804may proceed under the order to appear for genetic testing.
805     (6)  SCHEDULING OF GENETIC TESTING.-
806     (a)  The department of Revenue shall notify, in writing,
807the person ordered to appear of the date, time, and location of
808the appointment for genetic testing and of the requirement to
809verify his or her identity and the identity of the child, if
810applicable, when the samples are provided by presenting a form
811of identification as prescribed in s. 117.05(5)(b)2. that bears
812the photograph of the person who is providing the sample or
813other form of verification approved by the department. If the
814person ordered to appear is the putative father or the mother,
815that person shall appear and submit to genetic testing. If the
816person ordered to appear is a caregiver custodian, or if the
817putative father or the mother has physical custody of the child,
818that person must submit the child for genetic testing.
819     (b)  The department shall reschedule genetic testing:
820     1.  One time without cause if, in advance of the initial
821test date, the person ordered to appear requests the department
822to reschedule the test.
823     2.  One time if the person ordered to appear shows good
824cause for failure to appear for a scheduled test.
825     3.  One time upon request of a person ordered to appear
826against whom sanctions have been imposed as provided in
827subsection (7).
828
829A claim of good cause for failure to appear shall be filed with
830the department within 10 days after the scheduled test date and
831must state the facts and circumstances supporting the claim. The
832department shall notify the person ordered to appear, in
833writing, whether it accepts or rejects the person's claim of
834good cause. There is not a separate right to a hearing on the
835department's decision to accept or reject the claim of good
836cause because the person ordered to appear may raise good cause
837as a defense to any proceeding initiated by the department under
838subsection (7).
839     (c)  A person ordered to appear may obtain a second genetic
840test by filing a written request for a second test with the
841department within 15 days after the date of mailing of the
842initial genetic testing results and by paying the department in
843advance for the full cost of the second test.
844     (d)  The department may schedule and require a subsequent
845genetic test if it has reason to believe the results of the
846preceding genetic test may not be reliable.
847     (e)  Except as provided in paragraph (c) and subsection
848(7), the department shall pay for the cost of genetic testing
849ordered under this section.
850     (7)  FAILURE OR REFUSAL TO SUBMIT TO GENETIC TESTING.-If a
851person who is served with an order to appear for genetic testing
852fails to appear without good cause or refuses to submit to
853testing without good cause, the department may take one or more
854of the following actions:
855     (a)  Commence a proceeding to suspend the driver's license
856and motor vehicle registration of the person ordered to appear,
857as provided in s. 61.13016;
858     (b)  Impose an administrative fine against the person
859ordered to appear in the amount of $500; or
860     (c)  File a petition in circuit court to establish
861paternity, obtain a support order for the child, and seek
862reimbursement from the person ordered to appear for the full
863cost of genetic testing incurred by the department.
864
865As provided in s. 322.058(2), a suspended driver's license and
866motor vehicle registration may be reinstated when the person
867ordered to appear complies with the order to appear for genetic
868testing. The department may collect an administrative fine
869imposed under this subsection by using civil remedies or other
870statutory means available to the department for collecting
871support.
872     (8)  GENETIC-TESTING RESULTS.-The department shall send a
873copy of the genetic-testing results to the putative father, to
874the mother, to the caregiver custodian, and to the other state,
875if applicable. If the genetic-testing results, including second
876or subsequent genetic-testing results, do not indicate a
877statistical probability of paternity that equals or exceeds 99
878percent, the paternity proceeding in connection with that child
879shall cease.
880     (9)  PROPOSED ORDER OF PATERNITY; COMMENCEMENT OF
881PROCEEDING TO ESTABLISH ADMINISTRATIVE SUPPORT ORDER; PROPOSED
882ORDER OF PATERNITY AND CHILD SUPPORT.-
883     (a)  If a paternity proceeding has been commenced under
884this section and the results of genetic testing indicate a
885statistical probability of paternity that equals or exceeds 99
886percent, the department of Revenue may:
887     1.  Issue a proposed order of paternity as provided in
888paragraph (b); or
889     2.  If appropriate, delay issuing a proposed order of
890paternity and commence, by regular mail, an administrative
891proceeding to establish a support order for the child pursuant
892to s. 409.2563 and issue a single proposed order that addresses
893paternity and child support.
894     (b)  A proposed order of paternity must:
895     1.  State proposed findings of fact and conclusions of law.
896     2.  Include a copy of the results of genetic testing.
897     3.  Include notice of the respondent's right to informal
898review and to contest the proposed order of paternity at an
899administrative hearing.
900     (c)  If a paternity and child support proceeding has been
901commenced under this section and the results of genetic testing
902indicate a statistical probability of paternity that equals or
903exceeds 99 percent, the department of Revenue may issue a single
904proposed order that addresses paternity as provided in this
905section and child support as provided in s. 409.2563.
906     (d)  The department of Revenue shall serve a proposed order
907issued under this section on the respondent by regular mail and
908shall provide a copy by regular mail to the mother or caregiver
909custodian if they are not respondents.
910     (10)  INFORMAL REVIEW; ADMINISTRATIVE HEARING; PRESUMPTION
911OF PATERNITY.-
912     (a)  Within 10 days after the date of mailing or other
913service of a proposed order of paternity, the respondent may
914contact a representative of the department of Revenue at the
915address or telephone number provided to request an informal
916review of the proposed order. If an informal review is timely
917requested, the time for requesting a hearing is extended until
91810 days after the department mails notice to the respondent that
919the informal review has been concluded.
920     (b)  Within 20 days after the mailing date of the proposed
921order or within 10 days after the mailing date of notice that an
922informal review has been concluded, whichever is later, the
923respondent may request an administrative hearing by filing a
924written request for a hearing with the department of Revenue. A
925request for a hearing must state the specific objections to the
926proposed order, the specific objections to the genetic testing
927results, or both. A respondent who fails to file a timely
928request for a hearing is deemed to have waived the right to a
929hearing.
930     (c)  If the respondent files a timely request for a
931hearing, the department of Revenue shall refer the hearing
932request to the Division of Administrative Hearings. Unless
933otherwise provided in this section or in s. 409.2563, chapter
934120 and the uniform rules of procedure govern the conduct of the
935proceedings.
936     (d)  The genetic-testing results shall be admitted into
937evidence and made a part of the hearing record. For purposes of
938this section, a statistical probability of paternity that equals
939or exceeds 99 percent creates a presumption, as defined in s.
94090.304, that the putative father is the biological father of the
941child. The presumption may be overcome only by clear and
942convincing evidence. The respondent or the department of Revenue
943may call an expert witness to refute or support the testing
944procedure or results or the mathematical theory on which they
945are based. Verified documentation of the chain of custody of the
946samples tested is competent evidence to establish the chain of
947custody.
948     (11)  FINAL ORDER ESTABLISHING PATERNITY OR PATERNITY AND
949CHILD SUPPORT; CONSENT ORDER; NOTICE TO OFFICE OF VITAL
950STATISTICS.-
951     (a)  If a hearing is held, the administrative law judge of
952the Division of Administrative Hearings shall issue a final
953order that adjudicates paternity or, if appropriate, paternity
954and child support. A final order of the administrative law judge
955constitutes final agency action by the department of Revenue.
956The Division of Administrative Hearings shall transmit any such
957order to the department for filing and rendering.
958     (b)  If the respondent does not file a timely request for a
959hearing or consents in writing to entry of a final order without
960a hearing, the department of Revenue may render a final order of
961paternity or a final order of paternity and child support, as
962appropriate.
963     (c)  The department of Revenue shall mail a copy of the
964final order to the putative father, the mother, and the
965caregiver custodian, if any. The department shall notify the
966respondent of the right to seek judicial review of a final order
967in accordance with s. 120.68.
968     (d)  Upon rendering a final order of paternity or a final
969order of paternity and child support, the department of Revenue
970shall notify the Division of Vital Statistics of the Department
971of Health that the paternity of the child has been established.
972     (e)  A final order rendered pursuant to this section has
973the same effect as a judgment entered by the court pursuant to
974chapter 742.
975     (f)  The provisions of s. 409.2563 that apply to a final
976administrative support order rendered under that section apply
977to a final order rendered under this section when a child
978support obligation is established.
979     (12)  RIGHT TO JUDICIAL REVIEW.-A respondent has the right
980to seek judicial review, in accordance with s. 120.68, of a
981final order rendered under subsection (11) and an order issued
982under paragraph (5)(b). The department of Revenue has the right
983to seek judicial review, in accordance with s. 120.68, of a
984final order issued by an administrative law judge under
985subsection (11) and an order issued by an administrative law
986judge under paragraph (5)(b).
987     (13)  DUTY TO PROVIDE AND MAINTAIN CURRENT MAILING
988ADDRESS.-Until a proceeding that has been commenced under this
989section has ended, a respondent who is served with a notice of
990proceeding must inform the department of Revenue in writing of
991any change in the respondent's mailing address and is deemed to
992have received any subsequent order, notice, or other paper
993mailed to that address, or the address at which the respondent
994was served, if the respondent has not provided a more recent
995address.
996     (14)  PROCEEDINGS IN CIRCUIT COURT.-The results of genetic
997testing performed pursuant to this section are admissible as
998evidence to the same extent as scientific testing ordered by the
999court pursuant to chapter 742.
1000     (15)  GENDER NEUTRAL.-This section shall be construed
1001impartially, regardless of a person's gender, and applies with
1002equal force to the mother of a child whose paternity has not
1003been established and is not presumed by law.
1004     (16)  REMEDIES SUPPLEMENTAL.-The remedies provided in this
1005section are supplemental and in addition to other remedies
1006available to the department for the establishment of paternity
1007and child support obligations.
1008     (17)  RULEMAKING AUTHORITY.-The department may adopt rules
1009to implement this section.
1010     Section 9.  Paragraph (b) of subsection (1), paragraph (d)
1011of subsection (2), subsection (4), paragraphs (a) and (b) of
1012subsection (5), paragraphs (d) and (e) of subsection (7), and
1013subsection (13) of section 409.2563, Florida Statutes, are
1014amended to read:
1015     409.2563  Administrative establishment of child support
1016obligations.-
1017     (1)  DEFINITIONS.-As used in this section, the term:
1018     (b)  "Caregiver" means a person other than the mother,
1019father, or putative father who has physical custody of a child
1020or with whom the child primarily resides. "Caretaker relative"
1021has the same meaning ascribed in s. 414.0252(11).
1022
1023Other terms used in this section have the meanings ascribed in
1024ss. 61.046 and 409.2554.
1025     (2)  PURPOSE AND SCOPE.-
1026     (d)  Either parent, or a caregiver caretaker relative if
1027applicable, may at any time file a civil action in a circuit
1028court having jurisdiction and proper venue to determine parental
1029support obligations, if any. A support order issued by a circuit
1030court prospectively supersedes an administrative support order
1031rendered by the department.
1032     (4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
1033SUPPORT ORDER.-To commence a proceeding under this section, the
1034department shall provide to the parent from whom support is not
1035being sought and serve the parent from whom support is being
1036sought with a notice of proceeding to establish administrative
1037support order and a blank financial affidavit form. The notice
1038must state:
1039     (a)  The names of both parents, the name of the caregiver
1040caretaker relative, if any, and the name and date of birth of
1041the child or children;
1042     (b)  That the department intends to establish an
1043administrative support order as defined in this section;
1044     (c)  That both parents must submit a completed financial
1045affidavit to the department within 20 days after receiving the
1046notice, as provided by paragraph (13)(a);
1047     (d)  That both parents, or a parent and the caregiver
1048caretaker relative if applicable, are required to furnish to the
1049department information regarding their identities and locations,
1050as provided by paragraph (13)(b);
1051     (e)  That both parents, or a parent and the caregiver
1052caretaker relative if applicable, are required to promptly
1053notify the department of any change in their mailing addresses
1054to ensure receipt of all subsequent pleadings, notices, and
1055orders, as provided by paragraph (13)(c);
1056     (f)  That the department will calculate support obligations
1057based on the child support guidelines schedule in s. 61.30 and
1058using all available information, as provided by paragraph
1059(5)(a), and will incorporate such obligations into a proposed
1060administrative support order;
1061     (g)  That the department will send by regular mail to both
1062parents, or to a parent and the caregiver caretaker relative if
1063applicable, a copy of the proposed administrative support order,
1064the department's child support worksheet, and any financial
1065affidavits submitted by a parent or prepared by the department;
1066     (h)  That the parent from whom support is being sought may
1067file a request for a hearing in writing within 20 days after the
1068date of mailing or other service of the proposed administrative
1069support order or will be deemed to have waived the right to
1070request a hearing;
1071     (i)  That if the parent from whom support is being sought
1072does not file a timely request for hearing after service of the
1073proposed administrative support order, the department will issue
1074an administrative support order that incorporates the findings
1075of the proposed administrative support order, and will send by
1076regular mail a copy of the administrative support order to both
1077parents, or a parent and the caregiver caretaker relative if
1078applicable;
1079     (j)  That after an administrative support order is
1080rendered, the department will file a copy of the order with the
1081clerk of the circuit court;
1082     (k)  That after an administrative support order is
1083rendered, the department may enforce the administrative support
1084order by any lawful means;
1085     (l)  That either parent, or the caregiver caretaker
1086relative if applicable, may file at any time a civil action in a
1087circuit court having jurisdiction and proper venue to determine
1088parental support obligations, if any, and that a support order
1089issued by a circuit court supersedes an administrative support
1090order rendered by the department;
1091     (m)  That, neither the department nor the Division of
1092Administrative Hearings has jurisdiction to award or change
1093child custody or rights of parental contact or time-sharing and
1094these issues may only be addressed in circuit court.
1095     1.  The parent from whom support is being sought may
1096request in writing that the department proceed in circuit court
1097to determine his or her support obligations.
1098     2.  The parent from whom support is being sought may state
1099in writing to the department his or her intention to address
1100issues concerning custody or rights to parental contact in
1101circuit court.
1102     3.  If the parent from whom support is being sought submits
1103the request authorized in subparagraph 1., or the statement
1104authorized in subparagraph 2. to the department within 20 days
1105after the receipt of the initial notice, the department shall
1106file a petition in circuit court for the determination of the
1107parent's child support obligations, and shall send to the parent
1108from whom support is being sought a copy of its petition, a
1109notice of commencement of action, and a request for waiver of
1110service of process as provided in the Florida Rules of Civil
1111Procedure.
1112     4.  If, within 10 days after receipt of the department's
1113petition and waiver of service, the parent from whom support is
1114being sought signs and returns the waiver of service form to the
1115department, the department shall terminate the administrative
1116proceeding without prejudice and proceed in circuit court.
1117     5.  In any circuit court action filed by the department
1118pursuant to this paragraph or filed by a parent from whom
1119support is being sought or other person pursuant to paragraph
1120(l) or paragraph (n), the department shall be a party only with
1121respect to those issues of support allowed and reimbursable
1122under Title IV-D of the Social Security Act. It is the
1123responsibility of the parent from whom support is being sought
1124or other person to take the necessary steps to present other
1125issues for the court to consider.
1126     (n)  That if the parent from whom support is being sought
1127files an action in circuit court and serves the department with
1128a copy of the petition within 20 days after being served notice
1129under this subsection, the administrative process ends without
1130prejudice and the action must proceed in circuit court;
1131     (o)  Information provided by the Office of State Courts
1132Administrator concerning the availability and location of self-
1133help programs for those who wish to file an action in circuit
1134court but who cannot afford an attorney.
1135
1136The department may serve the notice of proceeding to establish
1137administrative support order by certified mail, restricted
1138delivery, return receipt requested. Alternatively, the
1139department may serve the notice by any means permitted for
1140service of process in a civil action. For purposes of this
1141section, an authorized employee of the department may serve the
1142notice and execute an affidavit of service. Service by certified
1143mail is completed when the certified mail is received or refused
1144by the addressee or by an authorized agent as designated by the
1145addressee in writing. If a person other than the addressee signs
1146the return receipt, the department shall attempt to reach the
1147addressee by telephone to confirm whether the notice was
1148received, and the department shall document any telephonic
1149communications. If someone other than the addressee signs the
1150return receipt, the addressee does not respond to the notice,
1151and the department is unable to confirm that the addressee has
1152received the notice, service is not completed and the department
1153shall attempt to have the addressee served personally. The
1154department shall provide the parent from whom support is not
1155being sought or the caregiver caretaker relative with a copy of
1156the notice by regular mail to the last known address of the
1157parent from whom support is not being sought or the caregiver
1158caretaker.
1159     (5)  PROPOSED ADMINISTRATIVE SUPPORT ORDER.-
1160     (a)  After serving notice upon a parent in accordance with
1161subsection (4), the department shall calculate that parent's
1162child support obligation under the child support guidelines
1163schedule as provided by s. 61.30, based on any timely financial
1164affidavits received and other information available to the
1165department. If either parent fails to comply with the
1166requirement to furnish a financial affidavit, the department may
1167proceed on the basis of information available from any source,
1168if such information is sufficiently reliable and detailed to
1169allow calculation of guideline schedule amounts under s. 61.30.
1170If a parent receives public assistance and fails to submit a
1171financial affidavit, the department may submit a financial
1172affidavit or written declaration for that parent pursuant to s.
117361.30(15). If there is a lack of sufficient reliable information
1174concerning a parent's actual earnings for a current or past
1175period, it shall be presumed for the purpose of establishing a
1176support obligation that the parent had an earning capacity equal
1177to the federal minimum wage during the applicable period.
1178     (b)  The department shall send by regular mail to both
1179parents, or to a parent and the caregiver caretaker relative if
1180applicable, copies of the proposed administrative support order,
1181its completed child support worksheet, and any financial
1182affidavits submitted by a parent or prepared by the department.
1183The proposed administrative support order must contain the same
1184elements as required for an administrative support order under
1185paragraph (7)(e).
1186     (7)  ADMINISTRATIVE SUPPORT ORDER.-
1187     (d)  The department shall send by regular mail a copy of
1188the administrative support order, or the final order denying an
1189administrative support order, to both parents, or a parent and
1190the caregiver caretaker relative if applicable. The parent from
1191whom support is being sought shall be notified of the right to
1192seek judicial review of the administrative support order in
1193accordance with s. 120.68.
1194     (e)  An administrative support order must comply with ss.
119561.13(1) and 61.30. The department shall develop a standard form
1196or forms for administrative support orders. An administrative
1197support order must provide and state findings, if applicable,
1198concerning:
1199     1.  The full name and date of birth of the child or
1200children;
1201     2.  The name of the parent from whom support is being
1202sought and the other parent or the caregiver caretaker relative;
1203     3.  The parent's duty and ability to provide support;
1204     4.  The amount of the parent's monthly support obligation;
1205     5.  Any obligation to pay retroactive support;
1206     6.  The parent's obligation to provide for the health care
1207needs of each child, whether through health insurance,
1208contribution towards the cost of health insurance, payment or
1209reimbursement of health care expenses for the child, or any
1210combination thereof;
1211     7.  The beginning date of any required monthly payments and
1212health insurance;
1213     8.  That all support payments ordered must be paid to the
1214Florida State Disbursement Unit as provided by s. 61.1824;
1215     9.  That the parents, or the caregiver caretaker relative
1216if applicable, must file with the department when the
1217administrative support order is rendered, if they have not
1218already done so, and update as appropriate the information
1219required pursuant to paragraph (13)(b);
1220     10.  That both parents, or a parent and the caregiver
1221caretaker relative if applicable, are required to promptly
1222notify the department of any change in their mailing addresses
1223pursuant to paragraph (13)(c); and
1224     11.  That if the parent ordered to pay support receives
1225unemployment compensation benefits, the payor shall withhold,
1226and transmit to the department, 40 percent of the benefits for
1227payment of support, not to exceed the amount owed.
1228
1229An income deduction order as provided by s. 61.1301 must be
1230incorporated into the administrative support order or, if not
1231incorporated into the administrative support order, the
1232department or the Division of Administrative Hearings shall
1233render a separate income deduction order.
1234     (13)  REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT TO
1235ADDRESS OF RECORD.-In all proceedings pursuant to this section:
1236     (a)  Each parent must execute and furnish to the
1237department, no later than 20 days after receipt of the notice of
1238proceeding to establish administrative support order, a
1239financial affidavit in the form prescribed by the department. An
1240updated financial affidavit must be executed and furnished to
1241the department at the inception of each proceeding to modify an
1242administrative support order. A caregiver is Caretaker relatives
1243are not required to furnish a financial affidavit affidavits.
1244     (b)  Each parent and the caregiver caretaker relative if
1245applicable, shall disclose to the department, no later than 20
1246days after receipt of the notice of proceeding to establish
1247administrative support order, and update as appropriate,
1248information regarding his or her identity and location,
1249including names he or she is known by; social security number;
1250residential and mailing addresses; telephone numbers; driver's
1251license numbers; and names, addresses, and telephone numbers of
1252employers. Pursuant to the federal Personal Responsibility and
1253Work Opportunity Reconciliation Act of 1996, each person must
1254provide his or her social security number in accordance with
1255this section. Disclosure of social security numbers obtained
1256through this requirement shall be limited to the purpose of
1257administration of the Title IV-D program for child support
1258enforcement.
1259     (c)  Each parent and the caregiver caretaker relative, if
1260applicable, has a continuing obligation to promptly inform the
1261department in writing of any change in his or her mailing
1262address to ensure receipt of all subsequent pleadings, notices,
1263payments, statements, and orders, and receipt is presumed if
1264sent by regular mail to the most recent address furnished by the
1265person.
1266     Section 10.  Effective October 1, 2010, subsection (7) of
1267section 409.25635, Florida Statutes, is amended to read:
1268     409.25635  Determination and collection of noncovered
1269medical expenses.-
1270     (7)  COLLECTION ACTION; ADMINISTRATIVE REMEDIES.-Any
1271administrative remedy available for collection of support may be
1272used to collect noncovered medical expenses that are determined
1273or established under this section. The department may collect
1274noncovered medical expenses in installments by adding a periodic
1275payment to an income deduction notice issued by the department.
1276     Section 11.  Effective November 1, 2010, subsections (4),
1277(5), (7), (8), (9), and (11) of section 409.2564, Florida
1278Statutes, are amended to read:
1279     409.2564  Actions for support.-
1280     (4)  Whenever the Department of Revenue has undertaken an
1281action for enforcement of support, the Department of Revenue may
1282enter into an agreement with the obligor for the entry of a
1283judgment determining paternity, if applicable, and for periodic
1284child support payments based on the child support guidelines
1285schedule in s. 61.30. Prior to entering into this agreement, the
1286obligor shall be informed that a judgment will be entered based
1287on the agreement. The clerk of the court shall file the
1288agreement without the payment of any fees or charges, and the
1289court, upon entry of the judgment, shall forward a copy of the
1290judgment to the parties to the action. To encourage out-of-court
1291settlement and promote support order compliance, if the obligor
1292and the Department of Revenue agree on entry of a support order
1293and its terms, the guideline amount owed for retroactive support
1294that is permanently assigned to the state shall be reduced by 25
1295percent.
1296     (5)  Whenever the department IV-D agency has undertaken an
1297action to determine paternity, to establish an obligation of
1298support, or to enforce or modify an obligation of support, the
1299department IV-D agency shall be a party to the action only for
1300those purposes allowed under Title IV-D of the Social Security
1301Act. The program attorney shall be the attorney of record solely
1302for the purposes of support enforcement as authorized under
1303Title IV-D and may prosecute only those activities which are
1304eligible for federal financial participation under Title IV-D.
1305An attorney-client relationship exists only between the
1306department and the legal services providers in all Title IV-D
1307cases. The attorney shall advise the obligee in Title IV-D cases
1308that the attorney represents the agency and not the obligee.
1309     (7)  The director of the department Title IV-D agency, or
1310the director's designee, is authorized to subpoena from any
1311person financial and other information necessary to establish,
1312modify, or enforce a child support order.
1313     (a)  For the purpose of establishing or modifying a child
1314support order, or enforcing a support order, the director of the
1315department this or another state's Title IV-D agency, or any
1316employee designated by the director of the department this
1317state's Title IV-D agency or authorized under another
1318law, may administer oaths or affirmations, subpoena witnesses
1319and compel their attendance, take evidence and require the
1320production of any matter which is relevant to the support
1321action, including the existence, description, nature, custody,
1322condition, and location of any books, documents, or other
1323tangible things and the identity and location of persons having
1324knowledge of relevant facts or any other matter reasonably
1325calculated to lead to the discovery of material evidence.
1326     (b)  Subpoenas issued by the department this or another any
1327other state's Title IV-D agency may be challenged in accordance
1328with s. 120.569(2)(k)1. While a subpoena is being challenged,
1329the department Title IV-D agency may not impose a fine as
1330provided for under paragraph (c) until the challenge is complete
1331and the subpoena has been found to be valid.
1332     (c)  The department Title IV-D agency is authorized to
1333impose a fine for failure to comply with a subpoena. Failure to
1334comply with the subpoena, or to challenge the subpoena as
1335provided in paragraph (b), within 15 days after service of the
1336subpoena may result in the agency taking the following actions:
1337     1.  Imposition of an administrative fine of not more than
1338$500.
1339     2.  Enforcement of the subpoena as provided in s.
1340120.569(2)(k)2. When the subpoena is enforced pursuant to s.
1341120.569(2)(k)2., the court may award costs and fees to the
1342prevailing party in accordance with that section.
1343     (d)  The department Title IV-D agency may seek to collect
1344administrative fines imposed pursuant to paragraph (c) by filing
1345a petition in the circuit court of the judicial circuit in which
1346the person against whom the fine was imposed resides. All fines
1347collected pursuant to this subsection shall be deposited into
1348the Child Support Enforcement Application and Program Revenue
1349Trust Fund.
1350     (8)  In cases in which support is subject to an assignment
1351as provided under 45 C.F.R. s. 301.1, the department Title IV-D
1352agency shall, upon providing notice to the obligor and obligee,
1353direct the obligor or other payor to change the payee to the
1354appropriate depository.
1355     (9)(a)  For the purpose of securing delinquent support, the
1356department Title IV-D agency may increase the amount of the
1357monthly support obligation to include amounts for delinquencies,
1358subject to such conditions or limitations as set forth in
1359paragraph (b).
1360     (b)  In support obligations not subject to income
1361deduction, the department Title IV-D agency shall notify the
1362obligor of his or her delinquency and of the department's intent
1363to require an additional 20 percent of the monthly obligation
1364amount to allow for collection of the delinquency unless, within
136520 days, the obligor:
1366     1.  Pays the delinquency in full; or
1367     2.  Files a petition with the circuit court to contest the
1368delinquency action.
1369     (11)(a)  The department Title IV-D agency shall review
1370child support orders in IV-D cases at least once every 3 years
1371when requested upon request by either party, or when support
1372rights are assigned the agency in cases where there is an
1373assignment of support to the state under s. 414.095(7), and
1374seek modification adjustment of the order if appropriate under
1375the child support guidelines schedule established in s. 61.30.
1376Not less than once every 3 years the department IV-D agency
1377shall provide notice to the parties subject to the order
1378informing them of their right to request a review and, if
1379appropriate, a modification an adjustment of the child support
1380order. The Said notice requirement may be met by including
1381appropriate language in the initial support order or any
1382subsequent orders.
1383     (b)  If the department's review of a support order entered
1384by the circuit court indicates that the order should be
1385modified, the department, through counsel, shall file a petition
1386to modify the order with the court. Along with the petition, the
1387department shall file a child support guideline worksheet, any
1388financial affidavits or written declarations, pursuant to s.
138961.30(15), received from the parties or completed by the
1390department as part of the support order review, a proposed
1391modified order that includes findings as to the source and
1392amount of income, and a notice that informs the parties of the
1393requirement to file an objection or a request for hearing with
1394the court if the party wants a court hearing on the petition to
1395modify. A copy of the petition, proposed order, and other
1396documents shall be served by regular mail on a party who
1397requested the support order review. A party who did not request
1398the support order review shall be served personally in any
1399manner authorized under chapter 48.
1400     (c)  To obtain a court hearing on a petition to modify, a
1401party who is served by regular mail must file an objection to
1402the proposed order or a request for hearing with the court
1403within 30 days after the date on which the petition, proposed
1404order, and other documents were mailed. If a party is served
1405personally, to obtain a court hearing on a petition to modify
1406the party must file an objection to the proposed order or a
1407request for hearing with the court within 30 days after the date
1408of receipt of the petition, proposed order, and other documents.
1409     (d)  If a timely objection or request for hearing is not
1410filed with the court, the court may modify the support order
1411without a hearing in accordance with the terms of the proposed
1412order.
1413     (e)  If a support order does not provide for payment of
1414noncovered medical expenses or require health insurance for the
1415minor child and health insurance is accessible to the child and
1416available at a reasonable cost, the department shall seek to
1417have the order modified and any modification shall be made
1418without a requirement for proof or showing of a change in
1419circumstances.
1420     Section 12.  Subsection (5) of section 409.2567, Florida
1421Statutes, is amended to read:
1422     409.2567  Services to individuals not otherwise eligible.-
1423     (5)  The Department of Revenue may shall seek a waiver from
1424the Secretary of the United States Department of Health and
1425Human Services to authorize the Department of Revenue to provide
1426services in accordance with Title IV-D of the Social Security
1427Act to individuals who are owed support without need of an
1428application. The department may seek a waiver if it determines
1429that the estimated increase in federal funding to the state
1430would exceed any additional cost to the state if the waiver is
1431granted. If the waiver is granted, the Department of Revenue
1432shall adopt rules to implement the waiver and begin providing
1433Title IV-D services if support payments are not being paid as
1434ordered, except that the individual first must be given written
1435notice of the right to refuse Title IV-D services and a
1436reasonable opportunity to respond.
1437     Section 13.  Subsection (3) of section 409.259, Florida
1438Statutes, is amended to read:
1439     409.259  Filing fees in Title IV-D cases; electronic filing
1440of pleadings, returns of service, and other papers.-
1441     (3)  The clerks of the circuit court, chief judges through
1442the Office of the State Courts Administrator, sheriffs, Office
1443of the Attorney General, and Department of Revenue shall work
1444cooperatively to implement electronic filing of pleadings,
1445returns of service, and other papers with the clerks of the
1446circuit court in Title IV-D cases upon completion of the
1447department's Child Support Automated Management System II by
1448October 1, 2009.
1449     Section 14.  Paragraph (a) of subsection (20) of section
1450409.910, Florida Statutes, is amended to read:
1451     409.910  Responsibility for payments on behalf of Medicaid-
1452eligible persons when other parties are liable.-
1453     (20)  Entities providing health insurance as defined in s.
1454624.603, health maintenance organizations and prepaid health
1455clinics as defined in chapter 641, and, on behalf of their
1456clients, third-party administrators and pharmacy benefits
1457managers as defined in s. 409.901(27) shall provide such records
1458and information as are necessary to accomplish the purpose of
1459this section, unless such requirement results in an unreasonable
1460burden.
1461     (a)  The director of the agency and the Director of the
1462Office of Insurance Regulation of the Financial Services
1463Commission shall enter into a cooperative agreement for
1464requesting and obtaining information necessary to effect the
1465purpose and objective of this section.
1466     1.  The agency shall request only that information
1467necessary to determine whether health insurance as defined
1468pursuant to s. 624.603, or those health services provided
1469pursuant to chapter 641, could be, should be, or have been
1470claimed and paid with respect to items of medical care and
1471services furnished to any person eligible for services under
1472this section.
1473     2.  All information obtained pursuant to subparagraph 1. is
1474confidential and exempt from s. 119.07(1). The agency shall
1475provide the information obtained pursuant to subparagraph 1. to
1476the Department of Revenue for purposes of administering the
1477Title IV-D program. The agency and the department shall enter
1478into a cooperative agreement for purposes of implementing this
1479requirement.
1480     3.  The cooperative agreement or rules adopted under this
1481subsection may include financial arrangements to reimburse the
1482reporting entities for reasonable costs or a portion thereof
1483incurred in furnishing the requested information. Neither the
1484cooperative agreement nor the rules shall require the automation
1485of manual processes to provide the requested information.
1486     Section 15.  Subsection (7) of section 414.095, Florida
1487Statutes, is amended to read:
1488     414.095  Determining eligibility for temporary cash
1489assistance.-
1490     (7)  ASSIGNMENT OF RIGHTS TO SUPPORT.-As a condition of
1491receiving temporary cash assistance, the family must assign to
1492the Department of Revenue any rights a member of a family may
1493have to support from any other person. This applies to any
1494family member; however, the assigned amounts must not exceed the
1495total amount of temporary cash assistance provided to the
1496family. The assignment of support does not apply if the family
1497leaves the program.
1498     Section 16.  Subsection (1) of section 741.01, Florida
1499Statutes, is amended to read:
1500     741.01  County court judge or clerk of the circuit court to
1501issue marriage license; fee.-
1502     (1)  Every marriage license shall be issued by a county
1503court judge or clerk of the circuit court under his or her hand
1504and seal. The county court judge or clerk of the circuit court
1505shall issue such license, upon application for the license, if
1506there appears to be no impediment to the marriage. An
1507application for a marriage license must allow both parties to
1508the marriage to state under oath and in writing if they are the
1509parents of a child born in the state and to identify any such
1510child they have in common by name, date of birth, place of
1511birth, and, if available, birth certificate number. The name of
1512any child recorded by both parties must be transmitted to the
1513Department of Health with the original marriage license and
1514endorsements. The county court judge or clerk of the circuit
1515court shall collect and receive a fee of $2 for receiving the
1516application for the issuance of a marriage license.
1517     Section 17.  Effective November 1, 2010, for the purpose of
1518incorporating the amendment made by this act to section
1519409.2564, Florida Statutes, in a reference thereto, paragraph
1520(c) of subsection (1) of section 61.14, Florida Statutes, is
1521reenacted to read:
1522     61.14  Enforcement and modification of support,
1523maintenance, or alimony agreements or orders.-
1524     (1)
1525     (c)  For each support order reviewed by the department as
1526required by s. 409.2564(11), if the amount of the child support
1527award under the order differs by at least 10 percent but not
1528less than $25 from the amount that would be awarded under s.
152961.30, the department shall seek to have the order modified and
1530any modification shall be made without a requirement for proof
1531or showing of a change in circumstances.
1532     Section 18.  Effective November 1, 2010, for the purpose of
1533incorporating the amendment made by this act to section
1534409.2564, Florida Statutes, in a reference thereto, paragraph
1535(c) of subsection (1) of section 61.30, Florida Statutes, is
1536reenacted to read:
1537     61.30  Child support guidelines; retroactive child
1538support.-
1539     (1)
1540     (c)  For each support order reviewed by the department as
1541required by s. 409.2564(11), if the amount of the child support
1542award under the order differs by at least 10 percent but not
1543less than $25 from the amount that would be awarded under s.
154461.30, the department shall seek to have the order modified and
1545any modification shall be made without a requirement for proof
1546or showing of a change in circumstances.
1547     Section 19.  Except as otherwise expressly provided in this
1548act, this act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.

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