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Senate Bill 0160

Senate Bill sb0160c1

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    Florida Senate - 2004                            CS for SB 160

    By the Committee on Children and Families; and Senator Lynn





    300-1982-04

  1                      A bill to be entitled

  2         An act relating to child support; amending s.

  3         61.046, F.S.; redefining the term "support

  4         order" for purposes of ch. 61, F.S., to include

  5         an order of an administrative agency; amending

  6         s. 61.13, F.S.; deleting the requirement that a

  7         child support order include the minor's social

  8         security number; amending s. 61.1301, F.S.;

  9         providing for continuation of a support

10         obligation at the same amount after

11         emancipation until any arrearage is satisfied;

12         providing for application to support orders or

13         income or income deduction orders entered

14         before, on, or after July 1, 2004; requiring an

15         obligor contesting an income deduction order

16         rendered by the Title IV-D agency to file the

17         petition with the Title IV-D agency; amending

18         s. 61.14, F.S.; providing for the termination

19         of the current child support obligation when

20         the child emancipates unless certain conditions

21         occur; providing for continuation of a support

22         obligation at the same amount after

23         emancipation until any arrearage is satisfied;

24         providing for application to support orders

25         entered before, on, or after July 1, 2004;

26         amending s. 61.181, F.S.; requiring the clerk

27         of the court to establish an account for

28         interstate cases; amending s. 61.1814, F.S.;

29         providing for types of moneys to be deposited

30         into the Child Support Enforcement Trust Fund;

31         providing for the use of moneys deposited into

                                  1

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    Florida Senate - 2004                            CS for SB 160
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 1         the Child Support Enforcement Trust Fund;

 2         amending s. 120.80, F.S.; providing for the

 3         location of an administrative hearing; amending

 4         ss. 382.013 and 382.016, F.S.; permitting

 5         voluntary acknowledgments of paternity which

 6         are witnessed; amending s. 409.2558, F.S.;

 7         providing for a notice to the noncustodial

 8         parent in applying an undistributable support

 9         collection to another support order; amending

10         s. 409.2561, F.S.; providing for the Department

11         of Revenue to establish the obligation of

12         support; amending s. 409.2563, F.S.; providing

13         for the noncustodial parent to request that the

14         Department of Revenue proceed in circuit court

15         to determine the support obligation; revising

16         the requirements under which a noncustodial

17         parent may petition the circuit court to

18         determine the support obligation; providing

19         that the Department of Revenue is a party to

20         court action only with respect to issues of

21         support; providing for the assignment of an

22         account number with the depository upon

23         initiating establishment of an administrative

24         support order; amending s. 409.25656, F.S.;

25         providing for the recovery of fees in

26         liquidating securities for the support owed;

27         creating s. 409.25659, F.S.; providing for

28         insurance claim data exchange; providing

29         definitions; specifying the duties of the

30         insurer; providing for the payment of a fee to

31         the insurer; providing immunity to the insurer;

                                  2

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    Florida Senate - 2004                            CS for SB 160
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 1         limiting the department's disclosure of

 2         information obtained from insurers; providing

 3         rulemaking authority; creating s. 409.25662,

 4         F.S.; providing for withholding of pari-mutuel

 5         winnings for unpaid support; providing

 6         definitions; requiring pari-mutuel facilities

 7         to identify whether individuals with winnings

 8         owe unpaid child support; requiring pari-mutuel

 9         facilities to withhold the amount of the unpaid

10         child support; providing for the right to

11         contest the withholding through an

12         administrative hearing; providing a pari-mutuel

13         facility with immunity; providing that a

14         pari-mutuel facility is liable for amounts not

15         withheld or remitted; authorizing the

16         department to adopt rules; amending s. 409.257,

17         F.S.; permitting the use of any means of

18         service of process under ch. 48, F.S.; amending

19         s. 409.2572, F.S.; revising the definition of

20         noncooperation or failure to cooperate as

21         applied to an applicant for or a recipient of

22         public assistance; substituting the use of DNA

23         sample for drawing a blood sample to confirm

24         paternity; amending s. 409.259, F.S.; revising

25         the manner of reimbursement to the clerk of the

26         court for court filings in Title IV-D cases;

27         amending s. 409.2598, F.S.; providing

28         definitions; providing for the suspension of

29         licenses under specified circumstances;

30         amending s. 742.10, F.S.; permitting voluntary

31         acknowledgments of paternity which are

                                  3

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    Florida Senate - 2004                            CS for SB 160
    300-1982-04




 1         witnessed; providing legislative intent to

 2         address the child support issues of

 3         incarcerated noncustodial parents to improve

 4         their ability to meet child support

 5         obligations; requiring the Department of

 6         Revenue, with the assistance of the Department

 7         of Corrections, to identify inmates with child

 8         support obligations; requiring the Department

 9         of Corrections and Department of Revenue to

10         jointly develop a plan to facilitate child

11         support payment from incarcerated noncustodial

12         parents upon release; providing for the minimum

13         requirements of the plan; requires reports to

14         the Governor and Legislature; providing

15         effective dates.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Subsection (19) of section 61.046, Florida

20  Statutes, is amended to read:

21         61.046  Definitions.--As used in this chapter:

22         (19)  "Support order" means a judgment, decree, or

23  order, whether temporary or final, issued by a court of

24  competent jurisdiction or administrative agency for the

25  support and maintenance of a child which provides for monetary

26  support, health care, arrearages, or past support. When the

27  child support obligation is being enforced by the Department

28  of Revenue, the term "support order" also means a judgment,

29  decree, or order, whether temporary or final, issued by a

30  court of competent jurisdiction for the support and

31  maintenance of a child and the spouse or former spouse of the

                                  4

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    Florida Senate - 2004                            CS for SB 160
    300-1982-04




 1  obligor with whom the child is living which provides for

 2  monetary support, health care, arrearages, or past support.

 3         Section 2.  Paragraph (d) of subsection (1) of section

 4  61.13, Florida Statutes, is amended to read:

 5         61.13  Custody and support of children; visitation

 6  rights; power of court in making orders.--

 7         (1)

 8         (d)1.  Unless the provisions of subparagraph 3. apply,

 9  all child support orders entered on or after January 1, 1985,

10  shall direct that the payments of child support be made as

11  provided in s. 61.181 through the depository in the county

12  where the court is located. All child support orders shall

13  provide the full name and, date of birth, and social security

14  number of each minor child who is the subject of the child

15  support order.

16         2.  Unless the provisions of subparagraph 3. apply, all

17  child support orders entered before January 1, 1985, shall be

18  modified by the court to direct that payments of child support

19  shall be made through the depository in the county where the

20  court is located upon the subsequent appearance of either or

21  both parents to modify or enforce the order, or in any related

22  proceeding.

23         3.  If both parties request and the court finds that it

24  is in the best interest of the child, support payments need

25  not be directed through the depository.  The order of support

26  shall provide, or shall be deemed to provide, that either

27  party may subsequently apply to the depository to require

28  direction of the payments through the depository.  The court

29  shall provide a copy of the order to the depository.

30         4.  If the parties elect not to require that support

31  payments be made through the depository, any party may

                                  5

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    Florida Senate - 2004                            CS for SB 160
    300-1982-04




 1  subsequently file an affidavit with the depository alleging a

 2  default in payment of child support and stating that the party

 3  wishes to require that payments be made through the

 4  depository. The party shall provide copies of the affidavit to

 5  the court and to each other party.  Fifteen days after receipt

 6  of the affidavit, the depository shall notify both parties

 7  that future payments shall be paid through the depository.

 8         5.  In IV-D cases, the IV-D agency shall have the same

 9  rights as the obligee in requesting that payments be made

10  through the depository.

11         Section 3.  Effective July 1, 2004, paragraphs (b) and

12  (e) of subsection (1), paragraphs (e) and (f) of subsection

13  (2) and subsection (3) of section 61.1301, Florida Statutes,

14  are amended to read:

15         61.1301  Income deduction orders.--

16         (1)  ISSUANCE IN CONJUNCTION WITH AN ORDER

17  ESTABLISHING, ENFORCING, OR MODIFYING AN OBLIGATION FOR

18  ALIMONY OR CHILD SUPPORT.--

19         (b)  The income deduction order shall:

20         1.  Direct a payor to deduct from all income due and

21  payable to an obligor the amount required by the court to meet

22  the obligor's support obligation including any attorney's fees

23  or costs owed and forward the deducted amount pursuant to the

24  order.

25         2.  State the amount of arrearage owed, if any, and

26  direct a payor to withhold an additional 20 percent or more of

27  the periodic amount specified in the order establishing,

28  enforcing, or modifying the obligation, until full payment is

29  made of any arrearage, attorney's fees and costs owed,

30  provided no deduction shall be applied to attorney's fees and

31  costs until the full amount of any arrearage is paid;

                                  6

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    Florida Senate - 2004                            CS for SB 160
    300-1982-04




 1         3.  Direct a payor not to deduct in excess of the

 2  amounts allowed under s. 303(b) of the Consumer Credit

 3  Protection Act, 15 U.S.C. s. 1673(b), as amended;

 4         4.  Direct whether a payor shall deduct all, a

 5  specified portion, or no income which is paid in the form of a

 6  bonus or other similar one-time payment, up to the amount of

 7  arrearage reported in the income deduction notice or the

 8  remaining balance thereof, and forward the payment to the

 9  governmental depository.  For purposes of this subparagraph,

10  "bonus" means a payment in addition to an obligor's usual

11  compensation and which is in addition to any amounts

12  contracted for or otherwise legally due and shall not include

13  any commission payments due an obligor;

14         5.  In Title IV-D cases, direct a payor to provide to

15  the court depository the date on which each deduction is made;

16  and

17         6.  In Title IV-D cases, if an obligation to pay

18  current support is reduced or terminated due to emancipation

19  of a child and the obligor owes an arrearage, retroactive

20  support, delinquency, or costs, direct the payor to continue

21  the income deduction at the rate in effect immediately prior

22  to emancipation until all arrearages, retroactive support,

23  delinquencies, and costs are paid in full or until the amount

24  of withholding is modified; and

25         7.6.  Direct that, at such time as the State

26  Disbursement Unit becomes operational, all payments in those

27  cases in which the obligee is receiving Title IV-D services

28  and in those cases in which the obligee is not receiving Title

29  IV-D services in which the initial support order was issued in

30  this state on or after January 1, 1994, and in which the

31  obligor's child support obligation is being paid through

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    Florida Senate - 2004                            CS for SB 160
    300-1982-04




 1  income deduction, be made payable to and delivered to the

 2  State Disbursement Unit. Notwithstanding any other statutory

 3  provision to the contrary, funds received by the State

 4  Disbursement Unit shall be held, administered, and disbursed

 5  by the State Disbursement Unit pursuant to the provisions of

 6  this chapter.

 7         (e)  Statement of obligor's rights. When the court

 8  orders the income deduction to be effective immediately, the

 9  court shall furnish to the obligor a statement of his or her

10  rights, remedies, and duties in regard to the income deduction

11  order.  The statement shall state:

12         1.  All fees or interest which shall be imposed.

13         2.  The total amount of income to be deducted for each

14  pay period until the arrearage, if any, is paid in full and

15  shall state the total amount of income to be deducted for each

16  pay period thereafter.  The amounts deducted may not be in

17  excess of that allowed under s. 303(b) of the Consumer Credit

18  Protection Act, 15 U.S.C. s. 1673(b), as amended.

19         3.  That the income deduction order applies to current

20  and subsequent payors and periods of employment.

21         4.  That a copy of the income deduction order or, in

22  Title IV-D cases, the income deduction notice will be served

23  on the obligor's payor or payors.

24         5.  That enforcement of the income deduction order may

25  only be contested on the ground of mistake of fact regarding

26  the amount owed pursuant to the order establishing, enforcing,

27  or modifying the obligation, the arrearages, or the identity

28  of the obligor, the payor, or the obligee.

29         6.  That the obligor is required to notify the obligee

30  and, when the obligee is receiving IV-D services, the IV-D

31  

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    Florida Senate - 2004                            CS for SB 160
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 1  agency within 7 days of changes in the obligor's address,

 2  payors, and the addresses of his or her payors.

 3         7.  That in a Title IV-D case, if an obligation to pay

 4  current support is reduced or terminated due to emancipation

 5  of a child and the obligor owes an arrearage, retroactive

 6  support, delinquency, or costs, income deduction continues at

 7  the rate in effect immediately prior to emancipation until all

 8  arrearages, retroactive support, delinquencies, and costs are

 9  paid in full or until the amount of withholding is modified.

10         (2)  ENFORCEMENT OF INCOME DEDUCTION ORDERS.--

11         (e)  Notice to payor and income deduction notice. The

12  notice to payor or, in Title IV-D cases, income deduction

13  notice shall contain only information necessary for the payor

14  to comply with the order providing for income deduction. The

15  notice shall:

16         1.  Provide the obligor's social security number.

17         2.  Require the payor to deduct from the obligor's

18  income the amount specified in the income deduction order, and

19  in the case of a delinquency the amount specified in the

20  notice of delinquency, and to pay that amount to the obligee

21  or to the depository, as appropriate. The amount actually

22  deducted plus all administrative charges shall not be in

23  excess of the amount allowed under s. 303(b) of the Consumer

24  Credit Protection Act, 15 U.S.C. s. 1673(b);

25         3.  Instruct the payor to implement income deduction no

26  later than the first payment date which occurs more than 14

27  days after the date the income deduction notice was served on

28  the payor, and the payor shall conform the amount specified in

29  the income deduction order or, in Title IV-D cases, income

30  deduction notice to the obligor's pay cycle. The court should

31  

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    Florida Senate - 2004                            CS for SB 160
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 1  request at the time of the order that the payment cycle

 2  reflect that of the payor;

 3         4.  Instruct the payor to forward, within 2 days after

 4  each date the obligor is entitled to payment from the payor,

 5  to the obligee or to the depository the amount deducted from

 6  the obligor's income, a statement as to whether the amount

 7  totally or partially satisfies the periodic amount specified

 8  in the income deduction order or, in Title IV-D cases, income

 9  deduction notice, and the specific date each deduction is

10  made. If the IV-D agency is enforcing the order, the payor

11  shall make these notifications to the agency instead of the

12  obligee;

13         5.  Specify that if a payor fails to deduct the proper

14  amount from the obligor's income, the payor is liable for the

15  amount the payor should have deducted, plus costs, interest,

16  and reasonable attorney's fees;

17         6.  Provide that the payor may collect up to $5 against

18  the obligor's income to reimburse the payor for administrative

19  costs for the first income deduction and up to $2 for each

20  deduction thereafter;

21         7.  State that the notice to payor or, in Title IV-D

22  cases, income deduction notice, and in the case of a

23  delinquency the notice of delinquency, are binding on the

24  payor until further notice by the obligee, IV-D agency, or the

25  court or until the payor no longer provides income to the

26  obligor;

27         8.  Instruct the payor that, when he or she no longer

28  provides income to the obligor, he or she shall notify the

29  obligee and shall also provide the obligor's last known

30  address and the name and address of the obligor's new payor,

31  if known; and that, if the payor violates this provision, the

                                  10

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    Florida Senate - 2004                            CS for SB 160
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 1  payor is subject to a civil penalty not to exceed $250 for the

 2  first violation or $500 for any subsequent violation. If the

 3  IV-D agency is enforcing the order, the payor shall make these

 4  notifications to the agency instead of to the obligee.

 5  Penalties shall be paid to the obligee or the IV-D agency,

 6  whichever is enforcing the income deduction order;

 7         9.  State that the payor shall not discharge, refuse to

 8  employ, or take disciplinary action against an obligor because

 9  of the requirement for income deduction and shall state that a

10  violation of this provision subjects the payor to a civil

11  penalty not to exceed $250 for the first violation or $500 for

12  any subsequent violation. Penalties shall be paid to the

13  obligee or the IV-D agency, whichever is enforcing the income

14  deduction, if any alimony or child support obligation is

15  owing. If no alimony or child support obligation is owing, the

16  penalty shall be paid to the obligor;

17         10.  State that an obligor may bring a civil action in

18  the courts of this state against a payor who refuses to

19  employ, discharges, or otherwise disciplines an obligor

20  because of income deduction. The obligor is entitled to

21  reinstatement and all wages and benefits lost, plus reasonable

22  attorney's fees and costs incurred;

23         11.  Inform the payor that the requirement for income

24  deduction has priority over all other legal processes under

25  state law pertaining to the same income and that payment, as

26  required by the notice to payor or income deduction notice, is

27  a complete defense by the payor against any claims of the

28  obligor or his or her creditors as to the sum paid;

29         12.  Inform the payor that, when the payor receives

30  notices to payor or income deduction notices requiring that

31  the income of two or more obligors be deducted and sent to the

                                  11

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 1  same depository, the payor may combine the amounts that are to

 2  be paid to the depository in a single payment as long as the

 3  payments attributable to each obligor are clearly identified;

 4  and

 5         13.  Inform the payor that if the payor receives more

 6  than one notice to payor or income deduction notice against

 7  the same obligor, the payor shall contact the court or, in

 8  Title IV-D cases, the Title IV-D agency for further

 9  instructions. Upon being so contacted, the court or, in Title

10  IV-D cases when all the cases upon which the notices are based

11  are Title IV-D cases, the Title IV-D agency shall allocate

12  amounts available for income deduction as provided in

13  subsection (4); and.

14         14.  State that in a Title IV-D case, if an obligation

15  to pay current support is reduced or terminated due to the

16  emancipation of a child and the obligor owes an arrearage,

17  retroactive support, delinquency, or costs, income deduction

18  continues at the rate in effect immediately prior to

19  emancipation until all arrearages, retroactive support,

20  delinquencies, and costs are paid in full or until the amount

21  of withholding is modified.

22         (f)  At any time an income deduction order is being

23  enforced, the obligor may apply to the court for a hearing to

24  contest the continued enforcement of the income deduction on

25  the same grounds set out in paragraph (c), with a copy to the

26  obligee and, in IV-D cases, to the IV-D agency. If the income

27  deduction order being enforced was rendered by the IV-D agency

28  pursuant to s. 409.2563 and the obligor contests the

29  withholding, the obligor shall file a petition for an

30  administrative hearing with the IV-D agency. The application

31  or petition does not affect the continued enforcement of the

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 1  income deduction until the court or IV-D agency, if

 2  applicable, enters an order granting relief to the obligor.

 3  The obligee or the IV-D agency is released from liability for

 4  improper receipt of moneys pursuant to an income deduction

 5  order upon return to the appropriate party of any moneys

 6  received.

 7         (3)(a)  It is the intent of the Legislature that this

 8  section may be used to collect arrearages in child support

 9  payments or in alimony payments which have been accrued

10  against an obligor.

11         (b)  In a Title IV-D case, if an obligation to pay

12  current support is reduced or terminated due to the

13  emancipation of a child and the obligor owes an arrearage,

14  retroactive support, delinquency, or costs, income deduction

15  continues at the rate in effect immediately prior to

16  emancipation until all arrearages, retroactive support,

17  delinquencies, and costs are paid in full or until the amount

18  of withholding is modified. The department shall send notice

19  of this requirement by regular mail to the payor. The

20  department shall send by certified mail, return receipt

21  requested, to the obligor at the most recent address provided

22  by the obligor to the tribunal that issued the order, a notice

23  of this requirement, that the obligor may contest the

24  withholding as provided by paragraph (2)(f), and that the

25  obligor may request the tribunal that issued the income

26  deduction to modify the amount of the withholding. This

27  paragraph provides an additional remedy for collection of

28  unpaid support and applies to cases in which a support order

29  or income deduction order was entered before, on, or after

30  July 1, 2004.

31  

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 1         Section 4.  Subsections (9) and (10) are added to

 2  section 61.14, Florida Statutes, as amended by section 73 of

 3  chapter 2003-402, Laws of Florida, to read:

 4         61.14  Enforcement and modification of support,

 5  maintenance, or alimony agreements or orders.--

 6         (9)  Unless otherwise ordered by the court or agreed to

 7  by the parties, the obligation to pay the current child

 8  support for that child is terminated when the child reaches 18

 9  years of age or the disability of nonage is removed. The

10  termination of the current child support obligation does not

11  otherwise terminate the obligation to pay any arrearage,

12  retroactive support, delinquency, or costs owed by the

13  obligor.

14         (10)(a)  In a Title IV-D case, if an obligation to pay

15  current child support is terminated due to the emancipation of

16  the child and the obligor owes an arrearage, retroactive

17  support, delinquency, or costs, the obligor shall continue to

18  pay at the same rate in effect immediately prior to

19  emancipation until all arrearages, retroactive support,

20  delinquencies, and costs are paid in full or until the amount

21  of the order is modified.

22         (b)  In a Title IV-D case, if an obligation to pay

23  current child support for multiple children is reduced due to

24  the emancipation of one child and the obligor owes an

25  arrearage, retroactive support, delinquency, or costs, the

26  obligor shall continue to pay at the same rate in effect

27  immediately prior to emancipation until all arrearages,

28  retroactive support, delinquencies, and costs are paid in full

29  or until the amount of the order is modified.

30         (c)  Paragraphs (a) and (b) provide an additional

31  remedy for collection of unpaid support and apply to cases in

                                  14

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 1  which a support order was entered before, on, or after July 1,

 2  2004.

 3         Section 5.  Effective July 1, 2004, subsection (1) of

 4  section 61.181, Florida Statutes, is amended to read:

 5         61.181  Depository for alimony transactions, support,

 6  maintenance, and support payments; fees.--

 7         (1)(a)  The office of the clerk of the court shall

 8  operate a depository unless the depository is otherwise

 9  created by special act of the Legislature or unless, prior to

10  June 1, 1985, a different entity was established to perform

11  such functions.  The department shall, no later than July 1,

12  1998, extend participation in the federal child support cost

13  reimbursement program to the central depository in each

14  county, to the maximum extent possible under existing federal

15  law.  The depository shall receive reimbursement for services

16  provided under a cooperative agreement with the department

17  pursuant to s. 61.1826. Each depository shall participate in

18  the State Disbursement Unit and shall implement all statutory

19  and contractual duties imposed on the State Disbursement Unit.

20  Each depository shall receive from and transmit to the State

21  Disbursement Unit required data through the Clerk of Court

22  Child Support Enforcement Collection System. Payments on

23  non-Title IV-D cases without income deduction orders shall not

24  be sent to the State Disbursement Unit.

25         (b)  Upon request by the department, the depository

26  created pursuant to paragraph (a) shall establish an account

27  for the receipt and disbursement of support payments for Title

28  IV-D interstate cases. The department shall provide a copy of

29  the other state's order with the request, and the depository

30  shall advise the department of the account number in writing

31  within 4 business days after receipt of the request.

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 1         Section 6.  Section 61.1814, Florida Statutes, is

 2  amended to read:

 3         61.1814  Child Support Enforcement Application and

 4  Program Revenue Trust Fund.--

 5         (1)  The Child Support Enforcement Application and

 6  Program Revenue Trust Fund is hereby created, to be

 7  administered by the Department of Revenue. The purpose of the

 8  trust fund is to account for Title IV-D program income and to

 9  support the activities of the child support enforcement

10  program under Title IV-D of the Social Security Act. The

11  department shall invest the money in the trust fund pursuant

12  to ss. 215.44-215.52 and retain all interest earnings in the

13  trust fund. Not withstanding the provisions of s. 216.301, and

14  pursuant to s. 216.351, any balance in the trust fund at the

15  end of any fiscal year shall remain in the trust fund and

16  shall be available for carrying out the purposes of the trust

17  fund. In accordance with federal requirements, the federal

18  share of program income shall be credited to the Federal

19  Government.

20         (2)  With the exception of fees required to be

21  deposited in the Clerk of the Court Child Support Enforcement

22  System Trust Fund under s. 61.181(2)(b) and collections

23  determined to be undistributable or unidentifiable under s.

24  409.2558, the fund shall be used for the deposit of Title IV-D

25  program income received by the department. Each type of

26  program income received shall be accounted for separately.

27  Program income received by the department includes, but is not

28  limited to:

29         (a)  Application fees of nonpublic assistance

30  applicants for child support enforcement services;

31  

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 1         (b)  Court ordered costs recovered from child support

 2  obligors;

 3         (c)  Interest on child support collections;

 4         (d)  The balance of fees received under s. 61.181(2)(a)

 5  on non-Title IV-D cases required to be processed through the

 6  State Disbursement Unit after the clerk's share is paid; and

 7         (e)  Fines imposed under ss. 409.2564(8) and 409.2578.

 8  Moneys deposited from fines imposed under ss. 409.2564(8) and

 9  409.2578 shall be maintained separately from moneys deposited

10  from application fees.

11         Section 7.  Paragraph (c) of subsection (14) of section

12  120.80, Florida Statutes, is amended to read:

13         120.80  Exceptions and special requirements;

14  agencies.--

15         (14)  DEPARTMENT OF REVENUE.--

16         (c)  Proceedings for administrative support orders.--In

17  proceedings for the establishment of administrative support

18  orders pursuant to s. 409.2563, final orders in cases referred

19  by the Department of Revenue to the Division of Administrative

20  Hearings shall be entered by the division's administrative law

21  judge and transmitted to the Department of Revenue for filing

22  and rendering. The Department of Revenue has the right to seek

23  judicial review under s. 120.68 of a final order entered by an

24  administrative law judge. Administrative support orders

25  rendered pursuant to s. 409.2563 may be enforced pursuant to

26  s. 120.69 or, alternatively, by any method prescribed by law

27  for the enforcement of judicial support orders, except

28  contempt. Hearings held by the Division of Administrative

29  Hearings pursuant to s. 409.2563 shall be held in the judicial

30  circuit where the person receiving services under Title IV-D

31  resides or, if the person receiving services under Title IV-D

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 1  does not reside in this state, in the judicial circuit where

 2  the respondent resides. If the department and the respondent

 3  agree, the hearing may be held in another location. If ordered

 4  by the administrative law judge, the hearing may be conducted

 5  telephonically or by videoconference.

 6         Section 8.  Effective July 1, 2004, paragraph (c) of

 7  subsection (2) of section 382.013, Florida Statutes, is

 8  amended to read:

 9         382.013  Birth registration.--A certificate for each

10  live birth that occurs in this state shall be filed within 5

11  days after such birth with the local registrar of the district

12  in which the birth occurred and shall be registered by the

13  local registrar if the certificate has been completed and

14  filed in accordance with this chapter and adopted rules. The

15  information regarding registered births shall be used for

16  comparison with information in the state case registry, as

17  defined in chapter 61.

18         (2)  PATERNITY.--

19         (c)  If the mother is not married at the time of the

20  birth, the name of the father may not be entered on the birth

21  certificate without the execution of an affidavit signed by

22  both the mother and the person to be named as the father.  The

23  facility shall give notice orally or through the use of video

24  or audio equipment, and in writing, of the alternatives to,

25  the legal consequences of, and the rights, including, if one

26  parent is a minor, any rights afforded due to minority status,

27  and responsibilities that arise from signing an acknowledgment

28  of paternity, as well as information provided by the Title

29  IV-D agency established pursuant to s. 409.2557, regarding the

30  benefits of voluntary establishment of paternity. Upon request

31  of the mother and the person to be named as the father, the

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 1  facility shall assist in the execution of the affidavit, or a

 2  notarized voluntary acknowledgment of paternity, or a

 3  voluntary acknowledgement of paternity that is witnessed by

 4  two individuals and signed under penalty of perjury as

 5  specified by s. 92.525(2).

 6         Section 9.  Effective July 1, 2004, paragraph (b) of

 7  subsection (1) of section 382.016, Florida Statutes, is

 8  amended to read:

 9         382.016  Amendment of records.--The department, upon

10  receipt of the fee prescribed in s. 382.0255; documentary

11  evidence, as specified by rule, of any misstatement, error, or

12  omission occurring in any birth, death, or fetal death record;

13  and an affidavit setting forth the changes to be made, shall

14  amend or replace the original certificate as necessary.

15         (1)  CERTIFICATE OF LIVE BIRTH AMENDMENT.--

16         (b)  Upon written request and receipt of an affidavit,

17  a or notarized voluntary acknowledgment of paternity signed by

18  the mother and father acknowledging the paternity of a

19  registrant born out of wedlock, or a voluntary acknowledgement

20  of paternity that is witnessed by two individuals and signed

21  under penalty of perjury as specified by s. 92.525(2),

22  together with sufficient information to identify the original

23  certificate of live birth, the department shall prepare a new

24  birth certificate, which shall bear the same file number as

25  the original birth certificate. The names and identifying

26  information of the parents shall be entered as of the date of

27  the registrant's birth. The surname of the registrant may be

28  changed from that shown on the original birth certificate at

29  the request of the mother and father of the registrant, or the

30  registrant if of legal age. If the mother and father marry

31  each other at any time after the registrant's birth, the

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 1  department shall, upon the request of the mother and father or

 2  registrant if of legal age and proof of the marriage, amend

 3  the certificate with regard to the parents' marital status as

 4  though the parents were married at the time of birth. The

 5  department shall substitute the new certificate of birth for

 6  the original certificate on file. All copies of the original

 7  certificate of live birth in the custody of a local registrar

 8  or other state custodian of vital records shall be forwarded

 9  to the State Registrar. Thereafter, when a certified copy of

10  the certificate of birth or portion thereof is issued, it

11  shall be a copy of the new certificate of birth or portion

12  thereof, except when a court order requires issuance of a

13  certified copy of the original certificate of birth. The

14  department shall place the original certificate of birth and

15  all papers pertaining thereto under seal, not to be broken

16  except by order of a court of competent jurisdiction or as

17  otherwise provided by law.

18         Section 10.  Paragraph (b) of subsection (2) of section

19  409.2558, Florida Statutes, is amended to read:

20         409.2558  Support distribution and disbursement.--

21         (2)  UNDISTRIBUTABLE COLLECTIONS.--

22         (b)  Collections that are determined to be

23  undistributable shall be processed in the following order of

24  priority:

25         1.  Apply the payment to any assigned arrears on the

26  custodial parent's case; then

27         2.  Apply the payment to any administrative costs

28  ordered by the court pursuant to s. 409.2567 associated with

29  the custodial parent's case; then

30         3.  When the noncustodial parent is subject to a valid

31  order to support another child other children in a another

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 1  case with a different custodial parent and the obligation is

 2  being enforced by the department, the department shall send by

 3  certified mail, return receipt requested, to the noncustodial

 4  parent at the most recent address provided by the noncustodial

 5  parent to the tribunal that issued the order, a notice stating

 6  the department's intention to apply the payment pursuant to

 7  this subparagraph, and advising the noncustodial parent of the

 8  right to contest the department's proposed action in the

 9  circuit court by filing and serving a petition on the

10  department within 30 days after the mailing of the notice. If

11  the noncustodial parent does not file and serve a petition

12  within the 30 days after mailing of the notice, or upon a

13  disposition of the judicial action favorable to the

14  department, the department shall, with the noncustodial

15  parent's permission, apply the payment towards his or her

16  other support obligation. If there is more than one such other

17  case, the department shall allocate the remaining

18  undistributable amount as specified by s. 61.1301(4)(c); then

19         4.  Return the payment to the noncustodial parent; then

20         5.  If the noncustodial parent cannot be located after

21  diligent efforts by the department, the federal share of the

22  payment shall be credited to the Federal Government and the

23  state share shall be transferred to the General Revenue Fund.

24         Section 11.  Subsection (1) of section 409.2561,

25  Florida Statutes, is amended to read:

26         409.2561  Support obligations when public assistance is

27  paid; assignment of rights; subrogation; medical and health

28  insurance information.--

29         (1)  Any payment of temporary cash or Title IV-E

30  assistance made to, or for the benefit of, any dependent child

31  creates an obligation in an amount determined pursuant to the

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 1  child support guidelines. In accordance with 42 U.S.C. s. 657,

 2  the state shall retain amounts collected only to the extent

 3  necessary to reimburse amounts paid to the family as

 4  assistance by the state. Such amounts collected shall be

 5  deposited into the General Revenue Fund up to the level

 6  specified in s. 61.1812. If there has been a prior support

 7  court order or final judgment of dissolution of marriage

 8  establishing an obligation of support, the obligation is

 9  limited to the amount provided by such support court order or

10  decree. The extraordinary remedy of contempt is applicable in

11  child support enforcement cases because of the public

12  necessity for ensuring that dependent children be maintained

13  from the resources of their parents, thereby relieving, at

14  least in part, the burden presently borne by the general

15  citizenry through the public assistance program. If there is

16  no prior support court order establishing an obligation of

17  support, the court, or the department as provided by s.

18  409.2563, shall establish the liability of the obligor, if

19  any, by applying the child support guidelines. The department

20  may apply for modification of a support court order on the

21  same grounds as either party to the cause and shall have the

22  right to settle and compromise actions brought pursuant to

23  law.

24         Section 12.  Subsections (4) and (8) of section

25  409.2563, Florida Statutes, are amended to read:

26         409.2563  Administrative establishment of child support

27  obligations.--

28         (4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE

29  SUPPORT ORDER.--To commence a proceeding under this section,

30  the department shall provide to the custodial parent and serve

31  the noncustodial parent with a notice of proceeding to

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 1  establish administrative support order and a blank financial

 2  affidavit form. The notice must state:

 3         (a)  The names of both parents, the name of the

 4  caretaker relative, if any, and the name and date of birth of

 5  the child or children;

 6         (b)  That the department intends to establish an

 7  administrative support order as defined in this section;

 8         (c)  That both parents must submit a completed

 9  financial affidavit to the department within 20 days after

10  receiving the notice, as provided by paragraph (13)(a);

11         (d)  That both parents, or parent and caretaker

12  relative if applicable, are required to furnish to the

13  department information regarding their identities and

14  locations, as provided by paragraph (13)(b);

15         (e)  That both parents, or parent and caretaker

16  relative if applicable, are required to promptly notify the

17  department of any change in their mailing addresses to ensure

18  receipt of all subsequent pleadings, notices, and orders, as

19  provided by paragraph (13)(c);

20         (f)  That the department will calculate support

21  obligations based on the child support guidelines in s. 61.30

22  and using all available information, as provided by paragraph

23  (5)(a), and will incorporate such obligations into a proposed

24  administrative support order;

25         (g)  That the department will send by regular mail to

26  both parents, or parent and caretaker relative if applicable,

27  a copy of the proposed administrative support order, the

28  department's child support worksheet, and any financial

29  affidavits submitted by a parent or prepared by the

30  department;

31  

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 1         (h)  That the noncustodial parent may file a request

 2  for a hearing in writing within 20 days after the date of

 3  mailing or other service of the proposed administrative

 4  support order or will be deemed to have waived the right to

 5  request a hearing;

 6         (i)  That if the noncustodial parent does not file a

 7  timely request for hearing after service of the proposed

 8  administrative support order, the department will issue an

 9  administrative support order that incorporates the findings of

10  the proposed administrative support order, and will send by

11  regular mail a copy of the administrative support order to

12  both parents, or parent and caretaker relative if applicable;

13         (j)  That after an administrative support order is

14  rendered, the department will file a copy of the order with

15  the clerk of the circuit court;

16         (k)  That after an administrative support order is

17  rendered, the department may enforce the administrative

18  support order by any lawful means;

19         (l)  That either parent, or caretaker relative if

20  applicable, may file at any time a civil action in a circuit

21  court having jurisdiction and proper venue to determine the

22  noncustodial parent's child support obligations, if any, and

23  that a support order issued by a circuit court supersedes an

24  administrative support order rendered by the department;

25         (m)  That, neither the department nor the Division of

26  Administrative Hearings has jurisdiction to award or change

27  child custody or rights of parental contact and these issues

28  may only be addressed in circuit court.

29         1.  The noncustodial parent may request in writing that

30  the department proceed in circuit court to determine his or

31  her support obligations.

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 1         2.  The noncustodial parent may state in writing to the

 2  department his or her intention to address issues concerning

 3  custody or rights to parental contact in circuit court.

 4         3.  If the noncustodial parent submits the request

 5  authorized in subparagraph 1., or the statement authorized in

 6  subparagraph 2. to the department within 20 days after the

 7  receipt of the initial notice, the department shall file a

 8  petition in circuit court for the determination of the

 9  noncustodial parent's child support obligations, and shall

10  send to the noncustodial parent a copy of its petition, a

11  notice of commencement of action, and a request for waiver of

12  service of process as provided in the Rules of Civil

13  Procedure.

14         4.  If, within 10 days after receipt of the

15  department's petition and waiver of service, the noncustodial

16  parent signs and returns the waiver of service form to the

17  department, the department shall terminate the administrative

18  proceeding without prejudice and proceed in circuit court.

19         5.  In any circuit court action filed by the department

20  pursuant to this paragraph or filed by a noncustodial parent

21  or other person pursuant to paragraph (l) or paragraph (n),

22  the department shall be a party only with respect to those

23  issues of support allowed and reimbursable under Title IV-D of

24  the Social Security Act. It is the responsibility of the

25  noncustodial parent or other person to take the necessary

26  steps to present other issues for the court to consider; That

27  if the noncustodial parent has issues regarding child custody

28  or right of parental contact or requests to proceed in circuit

29  court, the noncustodial parent may request in writing that the

30  department proceed in circuit court to determine support. That

31  the noncustodial parent must make such request in writing

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 1  within  20 days after receipt of the initial notice. That upon

 2  such request, the department shall send the noncustodial

 3  parent by regular mail a copy of the department's petition and

 4  waiver of service form. That the noncustodial parent must sign

 5  and return the waiver of service form, within 10 days of

 6  receipt of the petition, at which time the department shall

 7  terminate the administrative proceeding and file an action in

 8  circuit court to determine support;

 9         (n)  That if the noncustodial parent files an action in

10  circuit court and serves the department with a copy of the

11  petition within 20 days after being served notice under this

12  subsection, the administrative process ends without prejudice

13  and the action must proceed in circuit court;

14         (o)  Information provided by the Office of State Courts

15  Administrator concerning the availability and location of

16  self-help programs for those who wish to file an action in

17  circuit court but who cannot afford an attorney.

18  

19  The department may serve the notice of proceeding to establish

20  administrative support order by certified mail, restricted

21  delivery, return receipt requested. Alternatively, the

22  department may serve the notice by any means permitted for

23  service of process in a civil action. For purposes of this

24  section, an authorized employee of the department may serve

25  the notice and execute an affidavit of service. Service by

26  certified mail is completed when the certified mail is

27  received or refused by the addressee or by an authorized agent

28  as designated by the addressee in writing. If a person other

29  than the addressee signs the return receipt, the department

30  shall attempt to reach the addressee by telephone to confirm

31  whether the notice was received, and the department shall

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 1  document any telephonic communications. If someone other than

 2  the addressee signs the return receipt, the addressee does not

 3  respond to the notice, and the department is unable to confirm

 4  that the addressee has received the notice, service is not

 5  completed and the department shall attempt to have the

 6  addressee served personally. The department shall provide the

 7  custodial parent or caretaker relative with a copy of the

 8  notice by regular mail to the last known address of the

 9  custodial parent or caretaker.

10         (8)  FILING WITH THE CLERK OF THE CIRCUIT COURT;

11  OFFICIAL PAYMENT RECORD; JUDGMENT BY OPERATION OF LAW.--The

12  department shall file with the clerk of the circuit court a

13  certified copy of an administrative support order rendered

14  under this section. The depository operated pursuant to s.

15  61.181 for the county where the administrative support order

16  has been filed shall:

17         (a)  Act as the official recordkeeper for payments

18  required under the administrative support order;

19         (b)  Establish and maintain the necessary payment

20  accounts;

21         (c)  Upon a delinquency, initiate the judgment by

22  operation of law procedure as provided by s. 61.14(6); and

23         (d)  Perform all other duties required of a depository

24  with respect to a support order entered by a court of this

25  state.

26  

27  When a proceeding to establish an administrative support order

28  is commenced under subsection (4), the department shall file a

29  copy of the initial notice with the depository. The depository

30  shall assign an account number and provide the account number

31  

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 1  to the department within 4 business days after the initial

 2  notice is filed.

 3         Section 13.  Subsection (3) of section 409.25656,

 4  Florida Statutes, is amended to read:

 5         409.25656  Garnishment.--

 6         (3)  During the last 30 days of the 60-day period set

 7  forth in subsection (1), the executive director or his or her

 8  designee may levy upon such credits, personal property, or

 9  debts. The levy must be accomplished by delivery of a notice

10  of levy by registered mail, upon receipt of which the person

11  possessing the credits, other personal property, or debts

12  shall transfer them to the department or pay to the department

13  the amount owed by the obligor. If the department levies upon

14  securities and the value of the securities is less than the

15  total amount of past due or overdue support, the person who

16  possesses or controls the securities shall liquidate the

17  securities in a commercially reasonable manner. After

18  liquidation, the person shall transfer to the department the

19  proceeds, less any applicable commissions or fees, or both,

20  which are charged in the normal course of business. If the

21  value of the securities exceeds the total amount of past due

22  or overdue support, the obligor may, within 7 days after

23  receipt of the department's notice of levy, instruct the

24  person who possesses or controls the securities which

25  securities are to be sold to satisfy the obligation for past

26  due or overdue support. If the obligor does not provide

27  instructions for liquidation, the person who possesses or

28  controls the securities shall liquidate the securities in a

29  commercially reasonable manner and in an amount sufficient to

30  cover the obligation for past due or overdue support and, less

31  any applicable commissions or fees, or both, which are charged

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 1  in the normal course of business, beginning with the

 2  securities purchased most recently. After liquidation, the

 3  person who possesses or controls the securities shall transfer

 4  to the department the total amount of past due or overdue

 5  support.

 6         Section 14.  Effective July 1, 2004, section 409.25659,

 7  Florida Statutes, is created to read:

 8         409.25659  Insurance claim data exchange.--

 9         (1)  DEFINITIONS.--As used in this section, the term:

10         (a)  "Insurer" means an entity that is responsible for

11  paying a claim on liability coverage in an insurance contract

12  and which is:

13         1.  An insurer, as defined in s. 624.03, authorized to

14  transact insurance in this state;

15         2.  An eligible surplus lines insurer pursuant to part

16  VIII of chapter 626;

17         3.  A joint underwriter or joint reinsurer created by

18  law or otherwise operating pursuant to s. 627.311; or

19         4.  An insurance risk apportionment plan operating

20  pursuant to s. 627.351.

21         (b)  "Claim" means an open, unresolved claim on

22  liability coverage in an insurance contract payable to an

23  individual, or to a third party for the benefit of the

24  individual, who is a resident of this state or who had an

25  accident or loss that occurred in this state.

26         (2)  The department shall develop and operate a data

27  match system after consultation with one or more insurers,

28  using automated data exchanges to the maximum extent feasible,

29  in which an insurer is required to provide the department

30  monthly with the name, address, and, if known, date of birth

31  and social security number or other taxpayer identification

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 1  number, for each noncustodial parent who has a claim with the

 2  insurer and who owes past due support, and the claim number,

 3  claim processing agent's name, address, and phone number, and

 4  any other identifying information maintained by the insurer

 5  for each claim. An insurer may comply with this requirement

 6  by:

 7         (a)  Authorizing the department to obtain claim

 8  information from an insurance claim data collection

 9  organization to which the insurer subscribes and to which the

10  insurer submits the required claim data on at least a monthly

11  basis; or

12         (b)  Providing the required data for each claim being

13  maintained by the insurer directly to the department in an

14  electronic medium; or

15         (c)  Receiving a data file from the department and

16  conducting a data match of all noncustodial parents who have a

17  claim with the insurer and who owe past due support and

18  submitting the required data for each noncustodial parent to

19  the department.

20         (3)  The department shall establish by rule a standard

21  fee, not to exceed actual costs, and pay the fee upon request

22  to an insurer for conducting a data match as provided by

23  subsection (2)(c).

24         (4)  An insurer, its directors, agents, and employees

25  and any central reporting organization and its agents and

26  employees authorized by an insurer to act on its behalf, who

27  comply with the requirements of this section are immune from

28  any liability to the claimant or other payees, lienholders, or

29  other affected entities for any alleged or actual damages that

30  occur as a result of compliance with these requirements.

31  

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 1         (5)  The Department of Revenue may adopt rules to

 2  administer this section.

 3         Section 15.  Section 409.25662, Florida Statutes, is

 4  created to read:

 5         409.25662  Withholding pari-mutuel winnings for unpaid

 6  support.--

 7         (1)  DEFINITIONS.--As used in this section, the term:

 8         (a)  "Pari-mutuel facility" has the same meaning as in

 9  s. 550.002(23).

10         (b)  "Winnings" means the proceeds of a pari-mutuel

11  wager in an amount equal to or greater than $600, which are

12  subject to reporting to the United States Internal Revenue

13  Service pursuant to section 6041 of the Internal Revenue Code

14  of 1986.

15         (2)  DISCLOSURE OF INDIVIDUALS WHO OWE UNPAID

16  SUPPORT.--

17         (a)  Before a pari-mutuel facility pays winnings to an

18  individual, the pari-mutuel facility shall use one of the

19  methods specified in paragraph (b) to inquire of the

20  department whether the individual owes unpaid support. The

21  pari-mutuel facility shall provide the department with the

22  individual's name and social security number and the

23  department shall promptly disclose to the pari-mutuel facility

24  whether the individual owes unpaid support in an amount equal

25  to or greater than $600 in a Title IV-D case and, if so, the

26  amount owed. If the individual is a nonresident alien, the

27  pari-mutuel facility shall provide the department with the

28  individual's taxpayer identification number, if available, or

29  other identifying information in lieu of a social security

30  number.

31  

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 1         (b)  The department shall provide access to the

 2  information required by paragraph (a) through:

 3         1.  A secure database that is accessible through the

 4  Internet;

 5         2.  An automated telephone response system; and

 6         3.  Customer service representatives who may be

 7  contacted by telephone during the department's normal working

 8  hours.

 9         (3)  WITHHOLDING WINNINGS; TRANSMITTING PAYMENTS AND

10  PAYMENT DATA; TRANSACTION FEE.--After withholding amounts for

11  federal income taxes and any fee as authorized by this

12  section, a pari-mutuel facility shall withhold from the net

13  winnings of an individual who owes unpaid support, and pay to

14  the department, all amounts not exceeding the total amount of

15  unpaid support. After withholding winnings for unpaid support,

16  the pari-mutuel facility shall remit to the department the

17  amount due within 7 days, providing the department with the

18  name and address of the pari-mutuel facility; the name,

19  address, and social security number of the individual; the

20  amount withheld; and the date of withholding. The department

21  shall provide pari-mutuel facilities with access to an

22  Internet-based system for electronic transfer of payments and

23  data. A pari-mutuel facility may deduct a transaction fee from

24  the individual's winnings in an amount not to exceed $25

25  before remitting the net amount payable to the department.

26  Upon withholding, the pari-mutuel facility shall provide the

27  individual with a written notice, as specified or approved by

28  the department, which informs the individual of the right to

29  contest withholding and how to contact the department.

30         (4)  NOTICE OF RIGHT TO CONTEST WITHHOLDING;

31  ADMINISTRATIVE HEARING; JUDICIAL REVIEW.--Upon notice that

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 1  winnings have been withheld, the department shall promptly

 2  send by certified mail, return receipt requested, to the

 3  noncustodial parent at the most recent address provided by the

 4  noncustodial parent to the tribunal that issued the order, a

 5  notice advising the noncustodial parent of the right to

 6  contest the withholding by filing a written request for an

 7  administrative hearing under chapter 120 with the department

 8  within 21 days after the mailing of the notice. Failure of the

 9  individual to make a timely written request for an

10  administrative hearing is deemed a waiver of the right to

11  hearing. A final order rendered under chapter 120 is subject

12  to judicial review as provided by s. 120.68. If the individual

13  does not file a timely written request for an administrative

14  hearing, or if the department prevails in a contested matter,

15  the department shall distribute the collection as provided by

16  s. 409.2558.

17         (5)  IMMUNITY.--A pari-mutuel facility is immune from

18  liability to any person for actions taken in good faith to

19  comply with this section.

20         (6)  FAILURE TO COMPLY; REMEDIES.--A pari-mutuel

21  facility that does not inquire, withhold, or remit payments

22  and data as required by this section is liable for the amount

23  the pari-mutuel facility should have withheld or remitted,

24  plus costs, interest, and reasonable attorney's fees. The

25  department may file an action in circuit court to compel

26  compliance with any provision of this section.

27         (7)  RULEMAKING AUTHORITY.--The department may adopt

28  rules to administer or enforce this section.

29         Section 16.  Effective July 1, 2004, section 409.257,

30  Florida Statutes, is amended to read:

31  

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 1         409.257  Service of process.--The service of initial

 2  process and orders in lawsuits filed by the department, under

 3  this act, shall be served by the sheriff in the county where

 4  the person to be served may be found or, if determined more

 5  effective by the department, by any means permitted under

 6  chapter 48 for service of process in a civil action. The

 7  sheriff shall be reimbursed at the prevailing rate of federal

 8  financial participation for service of process and orders as

 9  allowed by law. The sheriff shall bill the department monthly

10  as provided for in s. 30.51(2).  In addition, process and

11  orders may be served or executed by authorized agents of the

12  department at the department's discretion; provided that the

13  agent of the department does not take any action against

14  personal property, real property, or persons.  Notices and

15  other intermediate process, except witness subpoenas, shall be

16  served by the department as provided for in the Florida Rules

17  of Civil Procedure.  Witness subpoenas shall be served by the

18  department by certified mail as provided for in s. 48.031(3).

19         Section 17.  Subsections (1) and (2) of section

20  409.2572, Florida Statutes, are amended to read:

21         409.2572  Cooperation.--

22         (1)  An applicant for, or recipient of, public

23  assistance for a dependent child shall cooperate in good faith

24  with the department or a program attorney in:

25         (a)  Identifying and helping to locate the alleged

26  parent or obligor.

27         (b)  Assisting in establishing the paternity of a child

28  born out of wedlock.

29         (c)  Assisting in obtaining support payments from the

30  obligor.

31  

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 1         (d)  Assisting in obtaining any other payments or

 2  property due from the obligor.

 3         (e)  Identifying another putative father when an

 4  earlier named putative father has been excluded by DNA, Human

 5  Leukocyte Antigen, or other scientific test.

 6         (f)  Appearing at an office of the department, or

 7  another designated office, as necessary to provide verbal or

 8  written information, or documentary or physical evidence,

 9  known to, possessed by, or reasonably obtainable by the

10  applicant or recipient.

11         (g)  Appearing as a witness at judicial or other

12  hearings or proceedings.

13         (h)  Providing information under oath regarding the

14  identity or location of the alleged father of the child or

15  attesting to the lack of information.

16         (i)  Paying to the department any support received from

17  the obligor after the assignment is effective.

18         (2)  Noncooperation, or failure to cooperate in good

19  faith, is defined to include, but is not limited to, the

20  following conduct:

21         (a)  Failing or Refusing to identify the father of the

22  child, or where more than one man could be the father of the

23  child, refusing to identify all such persons.  If the mother

24  identifies one or more persons as the possible father of the

25  child and asserts that there are no others who could be the

26  father of the child, but the DNA test, Human Leukocyte Antigen

27  test, or other scientific test indicates that none of the

28  persons identified could in fact have been the father of the

29  child, the mother shall be deemed noncooperative.  If she

30  subsequently identifies another person as the possible father

31  of the child, she shall still be deemed noncooperative until

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 1  that person has been given the DNA test, Human Leukocyte

 2  Antigen test, or other scientific test and is not excluded as

 3  the father by the test.

 4         (b)  Failing to appear for two appointments at the

 5  department or other designated office without justification

 6  and notice.

 7         (c)  Providing false information regarding the

 8  paternity of the child or the obligation of the obligor.

 9         (d)  All actions of the obligee which interfere with

10  the state's efforts to proceed to establish paternity, the

11  obligation of support, or to enforce or collect support.

12         (e)  Failure to appear to submit a DNA sample at the

13  laboratory for drawing of blood samples, or leaving the

14  location laboratory prior to submitting a DNA sample the

15  drawing of blood samples without compelling reasons.

16         (f)  Failure to assist in the recovery of third-party

17  payment for medical services.

18         Section 18.  Section 409.259, Florida Statutes, is

19  amended to read:

20         409.259  Partial payment of Filing fees in Title IV-D

21  cases.--

22         (1)  Notwithstanding s. 28.241, each clerk of the

23  circuit court shall accept petitions, complaints, and motions

24  filed by the department in Title IV-D cases without billing

25  the department separately for each filing, since the clerk is

26  being reimbursed in a different manner for expenses incurred

27  in such filings under the cooperative agreement with the

28  department pursuant to ss. 61.181(1) and 61.1826(2) and (4).

29  only be reimbursed at the prevailing rate of federal financial

30  participation on the amount of $40 for each civil action,

31  suit, or proceeding for support instituted in the circuit

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 1  court in which the parent is not receiving temporary cash

 2  assistance.  The prevailing rate of the state match shall be

 3  paid by the local government in the form of a certified public

 4  expenditure.  The clerk of the circuit court shall bill the

 5  department monthly.  The clerk of the circuit court and the

 6  department shall maintain a monthly log of the number of civil

 7  actions, suits, or proceedings filed in which the parent does

 8  not receive temporary assistance.  These monthly logs will be

 9  used to determine the number of $40 filings the clerk of court

10  may submit for reimbursement at the prevailing rate of federal

11  financial participation.

12         (2)  Notwithstanding subsection (1), the department

13  shall continue to be entitled to the other necessary services

14  of the clerk of court in any proceedings under the IV-D

15  program as authorized under s. 409.2571.

16         Section 19.  Section 409.2598, Florida Statutes, is

17  amended to read:

18         409.2598  Suspension or denial of new or renewal

19  licenses; registrations; certifications.--

20         (1)  As used in this section, the term:

21         (a)  "License" means a license, permit, certificate,

22  registration, franchise, or other form of written permission

23  issued by a licensing agency to an individual which authorizes

24  the individual to engage in an occupation, business, trade, or

25  profession or to engage in a recreational activity, including

26  hunting or fishing. Where the context permits, the term also

27  includes an application for a new or renewal license.

28         (b)  "Licensee" means an individual who has a license.

29         (c)  "Licensing agency" means a department, commission,

30  agency, district, county, municipality, or other subdivision

31  of state or local government which issues licenses.

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 1         (2)(1)  The Title IV-D agency may petition the court

 2  that entered the support order or the court that is enforcing

 3  the support order to deny or suspend the license,

 4  registration, or certificate issued under chapter 370, chapter

 5  372, chapter 409, chapter 455, chapter 456, chapter 559,

 6  chapter 1012, s. 328.42, or s. 597.010 of any obligor with a

 7  delinquent support obligation or who fails, after receiving

 8  appropriate notice, to comply with subpoenas, orders to

 9  appear, orders to show cause, or similar orders relating to

10  paternity or support proceedings. However, a petition may not

11  be filed until the Title IV-D agency has exhausted all other

12  available remedies. The purpose of this section is to promote

13  the public policy of the state as established in s. 409.2551.

14         (2)  The Title IV-D agency is authorized to screen all

15  applicants for new or renewal licenses, registrations, or

16  certificates and current licenses, registrations, or

17  certificates and current licensees, registration holders, and

18  certificateholders of all licenses, registrations, and

19  certificates issued under chapter 370, chapter 409, chapter

20  455, chapter 456, chapter 559, chapter 1012, or s. 328.42 to

21  ensure compliance with any support obligation and any

22  subpoenas, orders to appear, orders to show cause, or similar

23  orders relating to paternity or support proceedings. If the

24  Title IV-D agency determines that an applicant, licensee,

25  registration holder, or certificateholder is an obligor who is

26  delinquent on a support obligation or who is not in compliance

27  with a subpoena, order to appear, order to show cause, or

28  similar order relating to paternity or support proceedings,

29  the Title IV-D agency shall certify the delinquency pursuant

30  to s. 61.14.

31  

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 1         (3)  The Title IV-D agency shall give notice to any

 2  obligor who is an applicant for a new or renewal license or

 3  certificate or the holder of a current license or certificate

 4  when a delinquency exists in the support obligation or when an

 5  obligor has failed to comply with a subpoena, order to appear,

 6  order to show cause, or similar order relating to paternity or

 7  support proceeding. The notice shall specify that the obligor

 8  has 30 days from the date of mailing of the notice on which

 9  service of the notice is complete to pay the delinquency or to

10  reach an agreement to pay the delinquency with the Title IV-D

11  agency or comply with the subpoena, order to appear, order to

12  show cause, or similar order. The notice shall specify that,

13  if payment is not made or an agreement cannot be reached, or

14  if the subpoena, order to appear, order to show cause, or

15  similar order is not complied with, the application may be

16  denied or the license or certification may be suspended

17  pursuant to a court order.

18         (4)  If the obligor fails to pay the delinquency or

19  enter into a repayment agreement with the department reach an

20  agreeable payment arrangement or comply with the subpoena,

21  order to appear, order to show cause, or similar order within

22  30 days following completion of service of the notice, the

23  Title IV-D agency shall send a second notice to the obligor

24  stating that the obligor has 30 days to pay the delinquency or

25  reach an agreement to pay the delinquency with the Title IV-D

26  agency or comply with the subpoena, order to appear, order to

27  show cause, or similar order.  If the obligor fails to respond

28  to either notice from the Title IV-D agency or if the obligor

29  fails to pay the delinquency or reach an agreement to pay the

30  delinquency or comply with the subpoena, order to appear,

31  order to show cause, or similar order after the second notice,

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 1  the Title IV-D agency may petition the court which entered the

 2  support order or the court which is enforcing the support

 3  order to deny the application for the license or certificate

 4  or to suspend the license or certificate of the obligor.

 5  However, no petition may be filed until the Title IV-D agency

 6  has exhausted all other available remedies.  The court may

 7  find that it would be inappropriate to deny a license or

 8  suspend a license or certificate if:

 9         (a)  Denial or suspension would result in irreparable

10  harm to the obligor or employees of the obligor or would not

11  accomplish the objective of collecting the delinquency; or

12         (b)  The obligor demonstrates that he or she has made a

13  good faith effort to reach an agreement with the Title IV-D

14  agency.

15  

16  The court may not deny or suspend a license or certificate if

17  the court determines that an alternative remedy is available

18  to the Title IV-D agency which is likely to accomplish the

19  objective of collecting the delinquency or obtaining

20  compliance with the subpoena, order to appear, order to show

21  cause, or similar order. If the obligor fails in the defense

22  of a petition for denial or suspension, the court which

23  entered the support order or the court which is enforcing the

24  support order shall enter an order to deny the application for

25  the license or certification or to suspend the license or

26  certification of the obligor.  The court shall order the

27  obligor to surrender the license or certification to the Title

28  IV-D agency, which will return the license or certification

29  and a copy of the order of suspension to the appropriate

30  department or licensing agency entity.

31  

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 1         (5)  If the court denies or suspends a license or

 2  certification and the obligor subsequently pays the

 3  delinquency or reaches an agreement with the Title IV-D agency

 4  to settle the delinquency and makes the first payment required

 5  by the agreement, or complies with the subpoena, order to

 6  appear, order to show cause, or similar order, the license or

 7  certificate shall be issued or reinstated upon written proof

 8  to the court that the obligor has complied with the terms of

 9  the court order, subpoena, order to appear, order to show

10  cause, or similar order.  Proof of payment shall consist of a

11  certified copy of the payment record issued by the depository.

12  The court shall order the appropriate licensing agency

13  department or license board to issue or reinstate the license

14  or certificate without additional charge to the obligor.

15         (6)  The licensing agency department shall, when

16  directed by the court, suspend or deny the license or

17  certificate of any licensee or certificateholder under its

18  jurisdiction found to have a delinquent support obligation or

19  not to be in compliance with a subpoena, order to appear,

20  order to show cause, or similar order.  The licensing agency

21  department shall issue or reinstate the license or certificate

22  without additional charge to the licensee or certificateholder

23  when notified by the court that the licensee or

24  certificateholder has complied with the terms of the court

25  order, or subpoena, order to appear, order to show cause, or

26  similar order.

27         (7)  Notice shall be served under this section by

28  regular mail mailing it by certified mail, return receipt

29  requested, to the obligor at his or her last address of record

30  with the local depository or a more recent address if known.

31  If the obligor has no address of record with the local

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 1  depository, or if the last address of record with the local

 2  depository is incorrect, service shall be by publication as

 3  provided in chapter 49.  When service of the notice is made by

 4  mail, service is complete upon the receipt of the notice by

 5  the obligor.

 6         Section 20.  Effective July 1, 2004, subsection (1) of

 7  section 742.10, Florida Statutes, is amended to read:

 8         742.10  Establishment of paternity for children born

 9  out of wedlock.--

10         (1)  This chapter provides the primary jurisdiction and

11  procedures for the determination of paternity for children

12  born out of wedlock. When the establishment of paternity has

13  been raised and determined within an adjudicatory hearing

14  brought under the statutes governing inheritance, or

15  dependency under workers' compensation or similar compensation

16  programs, or when an affidavit acknowledging paternity or a

17  stipulation of paternity is executed by both parties and filed

18  with the clerk of the court, or when an affidavit, a or

19  notarized voluntary acknowledgment of paternity, or a

20  voluntary acknowledgement of paternity that is witnessed by

21  two individuals and signed under penalty of perjury as

22  provided for in s. 382.013 or s. 382.016 is executed by both

23  parties, it shall constitute the establishment of paternity

24  for purposes of this chapter. If no adjudicatory proceeding

25  was held, a notarized voluntary acknowledgment of paternity or

26  voluntary acknowledgement of paternity that is witnessed by

27  two individuals and signed under penalty of perjury as

28  specified by s. 92.525(2) shall create a rebuttable

29  presumption, as defined by s. 90.304, of paternity and is

30  subject to the right of any signatory to rescind the

31  acknowledgment within 60 days after of the date the

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 1  acknowledgment was signed or the date of an administrative or

 2  judicial proceeding relating to the child, including a

 3  proceeding to establish a support order, in which the

 4  signatory is a party, whichever is earlier.  Both parents must

 5  are required to provide their social security numbers on any

 6  acknowledgment of paternity, consent affidavit, or stipulation

 7  of paternity. Except for affidavits under seal pursuant to ss.

 8  382.015 and 382.016, the Office of Vital Statistics shall

 9  provide certified copies of affidavits to the Title IV-D

10  agency upon request.

11         Section 21.  (1)  The Legislature finds that many of

12  the children who are not receiving the child support ordered

13  to support their basic needs are children of noncustodial

14  parents who are obligors in Title IV-D cases and who are or

15  have been incarcerated in the state correctional system.

16  Incarcerated noncustodial parents are child support obligors

17  whose locations are known and who, in turn, can be easily

18  identified to improve payments of the child support upon

19  release. The Legislature finds that efforts to address the

20  child support issues of incarcerated noncustodial parents who

21  are obligors in Title IV-D cases have the potential to better

22  enable these parents to leave their incarceration prepared and

23  capable of meeting their child support obligations. Such

24  efforts are also recognized as having the potential to develop

25  the familial connections and sense of parental obligation

26  which have been found to contribute to reducing recidivism.

27         (2)  By November 1, 2004, the Department of Revenue,

28  with the assistance of the Department of Corrections, shall

29  identify all inmates in the custody of the Department of

30  Corrections who are noncustodial parents with ordered child

31  support obligations.

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 1         (3)  The Department of Corrections and the Department

 2  of Revenue shall jointly develop a data integration plan and

 3  jointly develop a plan of recommendations to facilitate

 4  improved payment of child support from noncustodial parents

 5  who are obligors in Title IV-D cases and who are incarcerated

 6  in Florida's prison system upon their release or upon their

 7  placement on community work release. This joint plan shall be

 8  based on an examination of the population of incarcerated

 9  noncustodial parents who are obligors in the Title IV-D cases,

10  the child support issues facing incarcerated noncustodial

11  parents which create barriers to payment, and the strategies

12  that would enable and strengthen the willingness and

13  capability of noncustodial parents to leave their

14  incarceration prepared and capable of paying their child

15  support obligation. For the purpose of this section, Florida's

16  prison system is the system of prisons and correctional

17  institutions under the jurisdiction of the Department of

18  Corrections.

19         (4)  At a minimum, the plan must link and develop

20  information systems and collaborations to determine:

21         (a)  The total amount owed by the inmate;

22         (b)  The monthly child support amount ordered to be

23  paid by the inmate;

24         (c)  The legal status of the support order;

25         (d)  The projected and actual release date for the

26  inmate;

27         (e)  The potential, if any, for the inmate to pay a

28  portion of the child support obligation during the period of

29  incarceration, particularly if the inmate is placed on

30  community work release or other programs that allow the inmate

31  to receive wages;

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 1         (f)  The methodology for the ongoing collection of data

 2  on incarcerated noncustodial parents;

 3         (g)  Recommendations for actions that can be taken to

 4  educate and prepare the noncustodial parents for their child

 5  support obligation, including the identification of the

 6  entities responsible for each action;

 7         (h)  Recommendations for actions that can be taken to

 8  build collaboration and data-sharing between the Department of

 9  Revenue and the Department of Corrections relative to this

10  initiative at both the local and state level;

11         (i)  Recommendations for any legislative action that

12  would facilitate payment of child support by this population

13  during and after incarceration; and

14         (j)  Issues found to need attention which are outside

15  the scope of authority of the Department of Revenue and

16  Department of Corrections.

17         (5)  The Department of Revenue and the Department of

18  Corrections shall submit a report that presents the jointly

19  developed plan and information collected by December 31, 2004,

20  to the Governor, the President of the Senate, and the Speaker

21  of the House of Representatives. A follow-up report that

22  presents the actions taken to implement the plan, barriers

23  encountered, and any legislative actions identified to address

24  emerging issues shall be prepared by the Department of Revenue

25  and the Department of Corrections and submitted by December

26  31, 2005, to the Governor, the President of the Senate, and

27  the Speaker of the House of Representatives.

28         Section 22.  Except as otherwise expressly provided in

29  this act, this act shall take effect upon becoming a law.

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 160

 3                                 

 4  *    Codifies the current practice relative to establishing
         account numbers upon initiating an administrative order.
 5  
    *    Directs contests of income deduction orders that were
 6       issued through the administrative support order process
         to the Department of Revenue instead of the court.
 7  
    *    Stipulates the authority of the administrative law judge
 8       to conduct the hearings for the administrative child
         support orders by telephone or video conferencing.
 9  
    *    Provides for termination of the current child support
10       obligation when the child emancipates unless certain
         conditions exist.
11  
    *    Provides for continued payment of the full child support
12       obligation after the child emancipates to more quickly
         repay the arrearages.
13  
    *    Amends the Child Support Enforcement Application and
14       Program Revenue Trust Fund to reflect the current
         purpose, composition, and function of the trust fund.
15  
    *    Replaces the reference to drawing blood samples to
16       confirm paternity establishment with the current method
         of using DNA samples.
17  
    *    Revises the notification requirements to noncustodial
18       parents when the undistributable collection is to be
         applied to different custodial parent.
19  
    *    Removes the insurance intercept initiative, including
20       ancillary provisions that supported this initiative,
         which provided for the identification and collection of
21       settlement payments on insurance liability claims to be
         applied to child support arrearages.
22  
    *    Creates an insurance claim data exchange to provide for
23       the identification of settlement payments on insurance
         liability claims which can then be applied to child
24       support arrearages in Title IV-D cases.

25  *    Provides for the identification and collection of
         withholdings from pari-mutual winnings for unpaid child
26       support.

27  *    Expands the business and professional licenses for which
         the Department of Revenue has authority to seek denial or
28       suspension to include all licenses issued by a state or
         local government licensing authority.
29  
    *    Requires the Department of Revenue and Department of
30       Corrections to jointly develop a plan for facilitating
         improved child support payments from incarcerated
31       noncustodial parents upon their release.

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 1  *    Revises the method of delivery from regular mail to
         certified mail, return receipt requested, of the notices
 2       the obligor has the right to contest the income deduction
         continuation of the full payment upon emancipation of the
 3       child and contest the withholdings of pari-mutuel
         winnings.
 4  

 5  

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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