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Senate Bill 0160

Senate Bill sb0160c3

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    Florida Senate - 2004              CS for CS for CS for SB 160

    By the Committees on Appropriations; Judiciary; Children and
    Families; and Senator Lynn




    309-2527-04

  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 Application

31         and Program Revenue Trust Fund; providing for

                                  1

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 1         the use of moneys deposited into the Child

 2         Support Enforcement Application and Program

 3         Revenue Trust Fund; amending s. 120.80, F.S.;

 4         providing for the location of an administrative

 5         hearing; amending ss. 382.013 and 382.016,

 6         F.S.; permitting voluntary acknowledgments of

 7         paternity which are witnessed; amending s.

 8         409.2558, F.S.; providing for a notice to the

 9         noncustodial parent in applying an

10         undistributable support collection to another

11         support order; amending s. 409.2561, F.S.;

12         providing for the Department of Revenue to

13         establish the obligation of support; amending

14         s. 409.2563, F.S.; providing for the

15         noncustodial parent to request that the

16         Department of Revenue proceed in circuit court

17         to determine the support obligation; revising

18         the requirements under which a noncustodial

19         parent may petition the circuit court to

20         determine the support obligation; providing

21         that the Department of Revenue is a party to

22         court action only with respect to issues of

23         support; providing for the assignment of an

24         account number with the depository upon

25         initiating establishment of an administrative

26         support order; revising the due date for an

27         evaluation by the Office of Program Policy

28         Analysis and Government Accountability;

29         amending s. 409.25656, F.S.; providing for the

30         recovery of fees in liquidating securities for

31         the support owed; creating s. 409.25659, F.S.;

                                  2

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 1         providing for insurance claim data exchange;

 2         providing definitions; authorizing an insurer

 3         to participate in the data match system;

 4         providing for the payment of a fee to the

 5         insurer; providing limited immunity to the

 6         insurer; limiting the use of the data obtained

 7         by insurers from the department; providing

 8         rulemaking authority; amending s. 409.257,

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

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

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

12         noncooperation or failure to cooperate as

13         applied to an applicant for or a recipient of

14         public assistance; substituting the use of DNA

15         sample for drawing a blood sample to confirm

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

17         the manner of reimbursement to the clerk of the

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

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

20         definitions; providing for the suspension of

21         licenses under specified circumstances;

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

23         acknowledgments of paternity which are

24         witnessed; providing legislative intent to

25         address the child support issues of

26         incarcerated noncustodial parents to improve

27         their ability to meet child support

28         obligations; requiring the Department of

29         Revenue, with the assistance of the Department

30         of Corrections, to identify inmates with child

31         support obligations; requiring the Department

                                  3

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 1         of Corrections and Department of Revenue to

 2         jointly develop a plan to facilitate child

 3         support payment from incarcerated noncustodial

 4         parents upon release; providing for the minimum

 5         requirements of the plan; requires reports to

 6         the Governor and Legislature; providing

 7         effective dates.

 8  

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

10  

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

12  Statutes, is amended to read:

13         61.046  Definitions.--As used in this chapter:

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

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

16  competent jurisdiction or administrative agency for the

17  support and maintenance of a child which provides for monetary

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

19  child support obligation is being enforced by the Department

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

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

22  court of competent jurisdiction for the support and

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

24  obligor with whom the child is living which provides for

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

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

27  61.13, Florida Statutes, is amended to read:

28         61.13  Custody and support of children; visitation

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

30         (1)

31  

                                  4

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    Florida Senate - 2004              CS for CS for CS for SB 160
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 1         (d)1.  Unless the provisions of subparagraph 3. apply,

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

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

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

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

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

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

 8  support order.

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

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

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

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

13  court is located upon the subsequent appearance of either or

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

15  proceeding.

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

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

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

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

20  party may subsequently apply to the depository to require

21  direction of the payments through the depository.  The court

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

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

24  payments be made through the depository, any party may

25  subsequently file an affidavit with the depository alleging a

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

27  wishes to require that payments be made through the

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

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

30  of the affidavit, the depository shall notify both parties

31  that future payments shall be paid through the depository.

                                  5

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    Florida Senate - 2004              CS for CS for CS for SB 160
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 1         5.  In IV-D cases, the IV-D agency shall have the same

 2  rights as the obligee in requesting that payments be made

 3  through the depository.

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

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

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

 7  are amended to read:

 8         61.1301  Income deduction orders.--

 9         (1)  ISSUANCE IN CONJUNCTION WITH AN ORDER

10  ESTABLISHING, ENFORCING, OR MODIFYING AN OBLIGATION FOR

11  ALIMONY OR CHILD SUPPORT.--

12         (b)  The income deduction order shall:

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

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

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

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

17  order.

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

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

20  the periodic amount specified in the order establishing,

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

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

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

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

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

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

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

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

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

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

31  arrearage reported in the income deduction notice or the

                                  6

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    Florida Senate - 2004              CS for CS for CS for SB 160
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 1  remaining balance thereof, and forward the payment to the

 2  governmental depository.  For purposes of this subparagraph,

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

 4  compensation and which is in addition to any amounts

 5  contracted for or otherwise legally due and shall not include

 6  any commission payments due an obligor;

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

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

 9  and

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

11  current support is reduced or terminated due to emancipation

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

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

14  the income deduction at the rate in effect immediately prior

15  to emancipation until all arrearages, retroactive support,

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

17  of withholding is modified; and

18         7.6.  Direct that, at such time as the State

19  Disbursement Unit becomes operational, all payments in those

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

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

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

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

24  obligor's child support obligation is being paid through

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

26  State Disbursement Unit. Notwithstanding any other statutory

27  provision to the contrary, funds received by the State

28  Disbursement Unit shall be held, administered, and disbursed

29  by the State Disbursement Unit pursuant to the provisions of

30  this chapter.

31  

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    Florida Senate - 2004              CS for CS for CS for SB 160
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 1         (e)  Statement of obligor's rights. When the court

 2  orders the income deduction to be effective immediately, the

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

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

 5  order.  The statement shall state:

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

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

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

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

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

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

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

13         3.  That the income deduction order applies to current

14  and subsequent payors and periods of employment.

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

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

17  on the obligor's payor or payors.

18         5.  That enforcement of the income deduction order may

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

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

21  or modifying the obligation, the arrearages, or the identity

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

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

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

25  agency within 7 days of changes in the obligor's address,

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

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

28  current support is reduced or terminated due to emancipation

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

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

31  the rate in effect immediately prior to emancipation until all

                                  8

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    Florida Senate - 2004              CS for CS for CS for SB 160
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 1  arrearages, retroactive support, delinquencies, and costs are

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

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

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

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

 6  notice shall contain only information necessary for the payor

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

 8  notice shall:

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

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

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

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

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

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

15  deducted plus all administrative charges shall not be in

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

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

18         3.  Instruct the payor to implement income deduction no

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

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

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

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

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

24  request at the time of the order that the payment cycle

25  reflect that of the payor;

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

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

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

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

30  totally or partially satisfies the periodic amount specified

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

                                  9

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    Florida Senate - 2004              CS for CS for CS for SB 160
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 1  deduction notice, and the specific date each deduction is

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

 3  shall make these notifications to the agency instead of the

 4  obligee;

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

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

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

 8  and reasonable attorney's fees;

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

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

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

12  deduction thereafter;

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

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

15  delinquency the notice of delinquency, are binding on the

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

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

18  obligor;

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

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

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

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

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

24  payor is subject to a civil penalty not to exceed $250 for the

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

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

27  notifications to the agency instead of to the obligee.

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

29  whichever is enforcing the income deduction order;

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

31  employ, or take disciplinary action against an obligor because

                                  10

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    Florida Senate - 2004              CS for CS for CS for SB 160
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 1  of the requirement for income deduction and shall state that a

 2  violation of this provision subjects the payor to a civil

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

 4  any subsequent violation. Penalties shall be paid to the

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

 6  deduction, if any alimony or child support obligation is

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

 8  penalty shall be paid to the obligor;

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

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

11  employ, discharges, or otherwise disciplines an obligor

12  because of income deduction. The obligor is entitled to

13  reinstatement and all wages and benefits lost, plus reasonable

14  attorney's fees and costs incurred;

15         11.  Inform the payor that the requirement for income

16  deduction has priority over all other legal processes under

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

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

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

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

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

22  notices to payor or income deduction notices requiring that

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

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

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

26  payments attributable to each obligor are clearly identified;

27  and

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

29  than one notice to payor or income deduction notice against

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

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

                                  11

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

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

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

 4  amounts available for income deduction as provided in

 5  subsection (4); and.

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

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

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

 9  retroactive support, delinquency, or costs, income deduction

10  continues at the rate in effect immediately prior to

11  emancipation until all arrearages, retroactive support,

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

13  of withholding is modified.

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

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

16  contest the continued enforcement of the income deduction on

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

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

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

20  pursuant to s. 409.2563 and the obligor contests the

21  withholding, the obligor shall file a petition for an

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

23  or petition does not affect the continued enforcement of the

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

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

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

27  improper receipt of moneys pursuant to an income deduction

28  order upon return to the appropriate party of any moneys

29  received.

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

31  section may be used to collect arrearages in child support

                                  12

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 1  payments or in alimony payments which have been accrued

 2  against an obligor.

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

 4  current support is reduced or terminated due to the

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

 6  retroactive support, delinquency, or costs, income deduction

 7  continues at the rate in effect immediately prior to

 8  emancipation until all arrearages, retroactive support,

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

10  of withholding is modified. Any income-deducted amount that is

11  in excess of the obligation to pay current support shall be

12  credited against the arrearages, retroactive support,

13  delinquency, and costs owed by the obligor. The department

14  shall send notice of this requirement by regular mail to the

15  payor and the depository operated pursuant to s. 61.181, and

16  the notice shall state the amount of the obligation to pay

17  current support, if any, and the amount owed for arrearages,

18  retroactive support, delinquency, and costs. For income

19  deduction orders entered before July 1, 2004, which do not

20  include this requirement, the department shall send by

21  certified mail, restricted delivery, return receipt requested,

22  to the obligor at the most recent address provided by the

23  obligor to the tribunal that issued the order or a more recent

24  address if known, notice of this requirement, that the obligor

25  may contest the withholding as provided by paragraph (2)(f),

26  and that the obligor may request the tribunal that issued the

27  income deduction to modify the amount of the withholding. This

28  paragraph provides an additional remedy for collection of

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

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

31  July 1, 2004.

                                  13

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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. Any income-deducted amount or amount

22  paid by the obligor which is in excess of the obligation to

23  pay current support shall be credited against the arrearages,

24  retroactive support, delinquency, and costs owed by the

25  obligor.

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

27  current child support for multiple children is reduced due to

28  the emancipation of one child and the obligor owes an

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

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

31  immediately prior to emancipation until all arrearages,

                                  14

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

 2  or until the amount of the order is modified. Any

 3  income-deducted amount or amount paid by the obligor which is

 4  in excess of the obligation to pay current support shall be

 5  credited against the arrearages, retroactive support,

 6  delinquency, and costs owed by the obligor. If an obligation

 7  to pay current support for more than one child is not reduced

 8  when a child is emancipated because the order does not

 9  allocate support per child, this paragraph does not apply.

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

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

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

13  2004.

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

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

16         61.181  Depository for alimony transactions, support,

17  maintenance, and support payments; fees.--

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

19  operate a depository unless the depository is otherwise

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

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

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

23  1998, extend participation in the federal child support cost

24  reimbursement program to the central depository in each

25  county, to the maximum extent possible under existing federal

26  law.  The depository shall receive reimbursement for services

27  provided under a cooperative agreement with the department

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

29  the State Disbursement Unit and shall implement all statutory

30  and contractual duties imposed on the State Disbursement Unit.

31  Each depository shall receive from and transmit to the State

                                  15

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 1  Disbursement Unit required data through the Clerk of Court

 2  Child Support Enforcement Collection System. Payments on

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

 4  be sent to the State Disbursement Unit.

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

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

 7  for the receipt and disbursement of support payments for Title

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

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

10  shall advise the department of the account number in writing

11  within 4 business days after receipt of the request.

12         Section 6.  Section 61.1814, Florida Statutes, is

13  amended to read:

14         61.1814  Child Support Enforcement Application and

15  Program Revenue Trust Fund.--

16         (1)  The Child Support Enforcement Application and

17  Program Revenue Trust Fund is hereby created, to be

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

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

20  support the activities of the child support enforcement

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

22  department shall invest the money in the trust fund pursuant

23  to s. 17.61 and retain all interest earnings in the trust

24  fund. Not withstanding the provisions of s. 216.301, and

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

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

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

28  fund. In accordance with federal requirements, the federal

29  share of program income shall be credited to the Federal

30  Government.

31  

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

 2  deposited in the Clerk of the Court Child Support Enforcement

 3  Collection System Trust Fund under s. 61.181(2)(b) and

 4  collections determined to be undistributable or unidentifiable

 5  under s. 409.2558, the fund shall be used for the deposit of

 6  Title IV-D program income received by the department. Each

 7  type of program income received shall be accounted for

 8  separately. Program income received by the department

 9  includes, but is not limited to:

10         (a)  Application fees of nonpublic assistance

11  applicants for child support enforcement services;

12         (b)  Court ordered costs recovered from child support

13  obligors;

14         (c)  Interest on child support collections;

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

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

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

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

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

20  409.2578 shall be maintained separately from moneys deposited

21  from application fees.

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

23  120.80, Florida Statutes, is amended to read:

24         120.80  Exceptions and special requirements;

25  agencies.--

26         (14)  DEPARTMENT OF REVENUE.--

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

28  proceedings for the establishment of administrative support

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

30  by the Department of Revenue to the Division of Administrative

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

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 1  judge and transmitted to the Department of Revenue for filing

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

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

 4  administrative law judge. Administrative support orders

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

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

 7  for the enforcement of judicial support orders, except

 8  contempt. Hearings held by the Division of Administrative

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

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

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

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

13  the respondent resides. If the department and the respondent

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

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

16  telephonically or by videoconference.

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

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

19  amended to read:

20         382.013  Birth registration.--A certificate for each

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

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

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

24  local registrar if the certificate has been completed and

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

26  information regarding registered births shall be used for

27  comparison with information in the state case registry, as

28  defined in chapter 61.

29         (2)  PATERNITY.--

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

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

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 1  certificate without the execution of an affidavit signed by

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

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

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

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

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

 7  and responsibilities that arise from signing an acknowledgment

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

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

10  benefits of voluntary establishment of paternity. Upon request

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

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

13  notarized voluntary acknowledgment of paternity, or a

14  voluntary acknowledgement of paternity that is witnessed by

15  two individuals and signed under penalty of perjury as

16  specified by s. 92.525(2).

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

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

19  amended to read:

20         382.016  Amendment of records.--The department, upon

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

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

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

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

25  amend or replace the original certificate as necessary.

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

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

28  a or notarized voluntary acknowledgment of paternity signed by

29  the mother and father acknowledging the paternity of a

30  registrant born out of wedlock, or a voluntary acknowledgement

31  of paternity that is witnessed by two individuals and signed

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

 2  together with sufficient information to identify the original

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

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

 5  the original birth certificate. The names and identifying

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

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

 8  changed from that shown on the original birth certificate at

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

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

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

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

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

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

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

16  department shall substitute the new certificate of birth for

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

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

19  or other state custodian of vital records shall be forwarded

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

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

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

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

24  certified copy of the original certificate of birth. The

25  department shall place the original certificate of birth and

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

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

28  otherwise provided by law.

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

30  409.2558, Florida Statutes, is amended to read:

31         409.2558  Support distribution and disbursement.--

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 1         (2)  UNDISTRIBUTABLE COLLECTIONS.--

 2         (b)  Collections that are determined to be

 3  undistributable shall be processed in the following order of

 4  priority:

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

 6  custodial parent's case; then

 7         2.  Apply the payment to any administrative costs

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

 9  the custodial parent's case; then

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

11  order to support another child other children in a another

12  case with a different custodial parent and the obligation is

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

14  certified mail, restricted delivery, return receipt requested,

15  to the noncustodial parent at the most recent address provided

16  by the noncustodial parent to the tribunal that issued the

17  order, a notice stating the department's intention to apply

18  the payment pursuant to this subparagraph, and advising the

19  noncustodial parent of the right to contest the department's

20  proposed action in the circuit court by filing and serving a

21  petition on the department within 30 days after the mailing of

22  the notice. If the noncustodial parent does not file and serve

23  a petition within the 30 days after mailing of the notice, or

24  upon a disposition of the judicial action favorable to the

25  department, the department shall, with the noncustodial

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

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

28  case, the department shall allocate the remaining

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

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

31  

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 1         5.  If the noncustodial parent cannot be located after

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

 3  payment shall be credited to the Federal Government and the

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

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

 6  Florida Statutes, is amended to read:

 7         409.2561  Support obligations when public assistance is

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

 9  insurance information.--

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

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

12  creates an obligation in an amount determined pursuant to the

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

14  the state shall retain amounts collected only to the extent

15  necessary to reimburse amounts paid to the family as

16  assistance by the state. Such amounts collected shall be

17  deposited into the General Revenue Fund up to the level

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

19  court order or final judgment of dissolution of marriage

20  establishing an obligation of support, the obligation is

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

22  decree. The extraordinary remedy of contempt is applicable in

23  child support enforcement cases because of the public

24  necessity for ensuring that dependent children be maintained

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

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

27  citizenry through the public assistance program. If there is

28  no prior support court order establishing an obligation of

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

30  409.2563, shall establish the liability of the obligor, if

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

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

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

 3  right to settle and compromise actions brought pursuant to

 4  law.

 5         Section 12.  Subsections (4), (8), and paragraph (b) of

 6  subsection (17) of section 409.2563, Florida Statutes, are

 7  amended to read:

 8         409.2563  Administrative establishment of child support

 9  obligations.--

10         (4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE

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

12  the department shall provide to the custodial parent and serve

13  the noncustodial parent with a notice of proceeding to

14  establish administrative support order and a blank financial

15  affidavit form. The notice must state:

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

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

18  the child or children;

19         (b)  That the department intends to establish an

20  administrative support order as defined in this section;

21         (c)  That both parents must submit a completed

22  financial affidavit to the department within 20 days after

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

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

25  relative if applicable, are required to furnish to the

26  department information regarding their identities and

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

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

29  relative if applicable, are required to promptly notify the

30  department of any change in their mailing addresses to ensure

31  

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

 2  provided by paragraph (13)(c);

 3         (f)  That the department will calculate support

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

 5  and using all available information, as provided by paragraph

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

 7  administrative support order;

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

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

10  a copy of the proposed administrative support order, the

11  department's child support worksheet, and any financial

12  affidavits submitted by a parent or prepared by the

13  department;

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

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

16  mailing or other service of the proposed administrative

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

18  request a hearing;

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

20  timely request for hearing after service of the proposed

21  administrative support order, the department will issue an

22  administrative support order that incorporates the findings of

23  the proposed administrative support order, and will send by

24  regular mail a copy of the administrative support order to

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

26         (j)  That after an administrative support order is

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

28  the clerk of the circuit court;

29         (k)  That after an administrative support order is

30  rendered, the department may enforce the administrative

31  support order by any lawful means;

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

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

 3  court having jurisdiction and proper venue to determine the

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

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

 6  administrative support order rendered by the department;

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

 8  Administrative Hearings has jurisdiction to award or change

 9  child custody or rights of parental contact and these issues

10  may only be addressed in circuit court.

11         1.  The noncustodial parent may request in writing that

12  the department proceed in circuit court to determine his or

13  her support obligations.

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

15  department his or her intention to address issues concerning

16  custody or rights to parental contact in circuit court.

17         3.  If the noncustodial parent submits the request

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

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

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

21  petition in circuit court for the determination of the

22  noncustodial parent's child support obligations, and shall

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

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

25  service of process as provided in the Rules of Civil

26  Procedure.

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

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

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

30  department, the department shall terminate the administrative

31  proceeding without prejudice and proceed in circuit court.

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

 2  pursuant to this paragraph or filed by a noncustodial parent

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

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

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

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

 7  noncustodial parent or other person to take the necessary

 8  steps to present other issues for the court to consider. That

 9  if the noncustodial parent has issues regarding child custody

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

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

12  department proceed in circuit court to determine support. That

13  the noncustodial parent must make such request in writing

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

15  such request, the department shall send the noncustodial

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

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

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

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

20  terminate the administrative proceeding and file an action in

21  circuit court to determine support;

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

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

24  petition within 20 days after being served notice under this

25  subsection, the administrative process ends without prejudice

26  and the action must proceed in circuit court;

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

28  Administrator concerning the availability and location of

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

30  circuit court but who cannot afford an attorney.

31  

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 1  The department may serve the notice of proceeding to establish

 2  administrative support order by certified mail, restricted

 3  delivery, return receipt requested. Alternatively, the

 4  department may serve the notice by any means permitted for

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

 6  section, an authorized employee of the department may serve

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

 8  certified mail is completed when the certified mail is

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

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

11  than the addressee signs the return receipt, the department

12  shall attempt to reach the addressee by telephone to confirm

13  whether the notice was received, and the department shall

14  document any telephonic communications. If someone other than

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

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

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

18  completed and the department shall attempt to have the

19  addressee served personally. The department shall provide the

20  custodial parent or caretaker relative with a copy of the

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

22  custodial parent or caretaker.

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

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

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

26  certified copy of an administrative support order rendered

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

28  61.181 for the county where the administrative support order

29  has been filed shall:

30         (a)  Act as the official recordkeeper for payments

31  required under the administrative support order;

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 1         (b)  Establish and maintain the necessary payment

 2  accounts;

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

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

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

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

 7  state.

 8  

 9  When a proceeding to establish an administrative support order

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

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

12  shall assign an account number and provide the account number

13  to the department within 4 business days after the initial

14  notice is filed.

15         (17)  EVALUATION.--

16         (b)  The Office of Program Policy Analysis and

17  Government Accountability shall conduct an evaluation of the

18  statewide implementation of the administrative process for

19  establishing child support provided for in this section. This

20  evaluation shall examine whether these processes have been

21  effectively implemented and administered statewide and are

22  operating to the benefit of the children, including, but not

23  limited to the ability of Title IV-D parents to easily access

24  the court system for necessary court action. The Office of

25  Program Policy Analysis and Government Accountability shall

26  submit an evaluation report on the statewide implementation of

27  the administrative processes for establishing child support by

28  June 30, 2006 January 31, 2005.

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

30  Florida Statutes, is amended to read:

31         409.25656  Garnishment.--

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

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

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

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

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

 6  possessing the credits, other personal property, or debts

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

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

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

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

11  possesses or controls the securities shall liquidate the

12  securities in a commercially reasonable manner. After

13  liquidation, the person shall transfer to the department the

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

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

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

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

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

19  person who possesses or controls the securities which

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

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

22  instructions for liquidation, the person who possesses or

23  controls the securities shall liquidate the securities in a

24  commercially reasonable manner and in an amount sufficient to

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

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

27  in the normal course of business, beginning with the

28  securities purchased most recently. After liquidation, the

29  person who possesses or controls the securities shall transfer

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

31  support.

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 1         Section 14.  Effective October 1, 2004, section

 2  409.25659, Florida Statutes, is created to read:

 3         409.25659  Insurance claim data exchange.--

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

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

 6  paying a claim on liability coverage in an insurance contract

 7  and is:

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

 9  transact insurance in this state;

10         2.  An eligible surplus lines insurer pursuant to part

11  VIII of chapter 626;

12         3.  A joint underwriter or joint reinsurer created by

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

14         4.  An insurance risk apportionment plan operating

15  pursuant to s. 627.351.

16         (b)  "Claim" means an open, unresolved bodily injury

17  claim on liability coverage in excess of $3,000 in an

18  insurance contract payable to an individual, or to a third

19  party for the benefit of the individual, who is a resident of

20  this state or who had an accident or loss that occurred in

21  this state or who has an outstanding child support obligation

22  in this state.

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

24  match system after consultation with one or more insurers,

25  using automated data exchanges to the maximum extent feasible,

26  in which an insurer may provide the department monthly with

27  the name, address, and, if known, date of birth and social

28  security number or other taxpayer identification number for

29  each noncustodial parent who has a claim with the insurer and

30  who owes past due support, and the claim number, and any other

31  

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 1  identifying information maintained by the insurer for each

 2  claim. An insurer may provide such data by:

 3         (a)  Authorizing an insurance claim data collection

 4  organization, to which the insurer subscribes and to which the

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

 6  basis, to:

 7         1.  Receive or access a data file from the department

 8  and conduct a data match of all noncustodial parents who have

 9  a claim with the insurer and who owe past due support and

10  submit the required data for each noncustodial parent to the

11  department; or

12         2.  Submit a data file to the department which contains

13  the required data for each claim being maintained by the

14  insurer for the department to conduct a data match;

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

16  maintained by the insurer directly to the department in an

17  electronic medium; or

18         (c)  Receiving or accessing a data file from the

19  department and conducting a data match of all noncustodial

20  parents who have a claim with the insurer and who owe past due

21  support and submitting the required data for each noncustodial

22  parent to the department.

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

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

25  to an insurer or the insurer's claim data collection

26  organization for conducting a data match as provided by

27  subsection (2).

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

29  and insureds, and any insurance claim data collection

30  organization and its agents and employees authorized by an

31  insurer to act on its behalf, which provides or attempts to

                                  31

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 1  provide data under this section are immune from any civil

 2  liability under any law to any person or entity for any

 3  alleged or actual damages that occur as a result of providing

 4  or attempting to provide data under this section.

 5         (5)  Insurers may only use the data obtained pursuant

 6  to subsection (2) for the purpose of identifying noncustodial

 7  parents who owe past due support.

 8         (6)  The department may adopt rules to implement and

 9  administer this section.

10         Section 15.  Section 409.257, Florida Statutes, is

11  amended to read:

12         409.257  Service of process.--The service of initial

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

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

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

16  effective by the department, by any means permitted under

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

18  sheriff shall be reimbursed at the prevailing rate of federal

19  financial participation for service of process and orders as

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

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

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

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

24  agent of the department does not take any action against

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

26  other intermediate process, except witness subpoenas, shall be

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

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

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

30         Section 16.  Subsections (1) and (2) of section

31  409.2572, Florida Statutes, are amended to read:

                                  32

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 1         409.2572  Cooperation.--

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

 3  assistance for a dependent child shall cooperate in good faith

 4  with the department or a program attorney in:

 5         (a)  Identifying and helping to locate the alleged

 6  parent or obligor.

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

 8  born out of wedlock.

 9         (c)  Assisting in obtaining support payments from the

10  obligor.

11         (d)  Assisting in obtaining any other payments or

12  property due from the obligor.

13         (e)  Identifying another putative father when an

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

15  Leukocyte Antigen, or other scientific test.

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

17  another designated office, as necessary to provide verbal or

18  written information, or documentary or physical evidence,

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

20  applicant or recipient.

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

22  hearings or proceedings.

23         (h)  Providing information under oath regarding the

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

25  attesting to the lack of information.

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

27  the obligor after the assignment is effective.

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

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

30  following conduct:

31  

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

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

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

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

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

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

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

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

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

10  subsequently identifies another person as the possible father

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

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

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

14  the father by the test.

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

16  department or other designated office without justification

17  and notice.

18         (c)  Providing false information regarding the

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

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

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

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

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

24  laboratory for drawing of blood samples, or leaving the

25  location laboratory prior to submitting a DNA sample the

26  drawing of blood samples without compelling reasons.

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

28  payment for medical services.

29         Section 17.  Section 409.259, Florida Statutes, is

30  amended to read:

31  

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 1         409.259  Partial payment of Filing fees in Title IV-D

 2  cases.--

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

 4  circuit court shall accept petitions, complaints, and motions

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

 6  the department separately for each filing, as long as the

 7  clerk is being reimbursed in a different manner for expenses

 8  incurred in such filings under the cooperative agreement with

 9  the department pursuant to ss. 61.181(1) and 61.1826(2) and

10  (4). only be reimbursed at the prevailing rate of federal

11  financial participation on the amount of $40 for each civil

12  action, suit, or proceeding for support instituted in the

13  circuit court in which the parent is not receiving temporary

14  cash assistance.  The prevailing rate of the state match shall

15  be paid by the local government in the form of a certified

16  public expenditure.  The clerk of the circuit court shall bill

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

18  the department shall maintain a monthly log of the number of

19  civil actions, suits, or proceedings filed in which the parent

20  does not receive temporary assistance.  These monthly logs

21  will be used to determine the number of $40 filings the clerk

22  of court may submit for reimbursement at the prevailing rate

23  of federal financial participation.

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

25  shall continue to be entitled to the other necessary services

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

27  program as authorized under s. 409.2571.

28         Section 18.  Effective July 1, 2004, section 409.2598,

29  Florida Statutes, is amended to read:

30         409.2598  Suspension or denial of new or renewal

31  licenses; registrations; certifications.--

                                  35

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

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

 3  registration, franchise, or other form of written permission

 4  issued by a licensing agency to an individual which authorizes

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

 6  profession or to engage in a recreational activity, including

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

 8  includes an application for a new or renewal license.

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

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

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

12  of state or local government which issues licenses.

13         (2)(1)  The Title IV-D agency may petition the court

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

15  the support order to deny or suspend the license,

16  registration, or certificate issued under chapter 370, chapter

17  372, chapter 409, chapter 455, chapter 456, chapter 559,

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

19  delinquent support obligation or who fails, after receiving

20  appropriate notice, to comply with subpoenas, orders to

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

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

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

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

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

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

27  applicants for new or renewal licenses, registrations, or

28  certificates and current licenses, registrations, or

29  certificates and current licensees, registration holders, and

30  certificateholders of all licenses, registrations, and

31  certificates issued under chapter 370, chapter 409, chapter

                                  36

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 1  455, chapter 456, chapter 559, chapter 1012, or s. 328.42 to

 2  ensure compliance with any support obligation and any

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

 4  orders relating to paternity or support proceedings. If the

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

 6  registration holder, or certificateholder is an obligor who is

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

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

 9  similar order relating to paternity or support proceedings,

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

11  to s. 61.14.

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

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

14  certificate or the holder of a current license or certificate

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

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

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

18  support proceeding. The notice shall specify that the obligor

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

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

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

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

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

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

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

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

27  denied or the license or certification may be suspended

28  pursuant to a court order.

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

30  enter into a repayment agreement with the department reach an

31  agreeable payment arrangement or comply with the subpoena,

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

 2  30 days following completion of service of the notice, the

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

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

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

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

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

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

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

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

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

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

13  support order or the court which is enforcing the support

14  order to deny the application for the license or certificate

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

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

17  has exhausted all other available remedies.  The court may

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

19  suspend a license or certificate if:

20         (a)  Denial or suspension would result in irreparable

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

22  accomplish the objective of collecting the delinquency; or

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

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

25  agency.

26  

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

28  the court determines that an alternative remedy is available

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

30  objective of collecting the delinquency or obtaining

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

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

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

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

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

 5  the license or certification or to suspend the license or

 6  certification of the obligor.  The court shall order the

 7  obligor to surrender the license or certification to the Title

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

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

10  department or licensing agency entity.

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

12  certification and the obligor subsequently pays the

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

14  to settle the delinquency and makes the first payment required

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

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

17  certificate shall be issued or reinstated upon written proof

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

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

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

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

22  The court shall order the appropriate licensing agency

23  department or license board to issue or reinstate the license

24  or certificate without additional charge to the obligor.

25         (6)  The licensing agency department shall, when

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

27  certificate of any licensee or certificateholder under its

28  jurisdiction found to have a delinquent support obligation or

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

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

31  department shall issue or reinstate the license or certificate

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 1  without additional charge to the licensee or certificateholder

 2  when notified by the court that the licensee or

 3  certificateholder has complied with the terms of the court

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

 5  similar order.

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

 7  regular mail mailing it by certified mail, return receipt

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

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

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

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

12  depository is incorrect, service shall be by publication as

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

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

15  the obligor.

16         Section 19.  Effective July 1, 2004, subsection (1) of

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

18         742.10  Establishment of paternity for children born

19  out of wedlock.--

20         (1)  This chapter provides the primary jurisdiction and

21  procedures for the determination of paternity for children

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

23  been raised and determined within an adjudicatory hearing

24  brought under the statutes governing inheritance, or

25  dependency under workers' compensation or similar compensation

26  programs, or when an affidavit acknowledging paternity or a

27  stipulation of paternity is executed by both parties and filed

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

29  notarized voluntary acknowledgment of paternity, or a

30  voluntary acknowledgement of paternity that is witnessed by

31  two individuals and signed under penalty of perjury as

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

 2  parties, it shall constitute the establishment of paternity

 3  for purposes of this chapter. If no adjudicatory proceeding

 4  was held, a notarized voluntary acknowledgment of paternity or

 5  voluntary acknowledgement of paternity that is witnessed by

 6  two individuals and signed under penalty of perjury as

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

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

 9  subject to the right of any signatory to rescind the

10  acknowledgment within 60 days after of the date the

11  acknowledgment was signed or the date of an administrative or

12  judicial proceeding relating to the child, including a

13  proceeding to establish a support order, in which the

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

15  are required to provide their social security numbers on any

16  acknowledgment of paternity, consent affidavit, or stipulation

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

18  382.015 and 382.016, the Office of Vital Statistics shall

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

20  agency upon request.

21         Section 20.  (1)  The Legislature finds that many of

22  the children who are not receiving the child support ordered

23  to support their basic needs are children of noncustodial

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

25  have been incarcerated in the state correctional system.

26  Incarcerated noncustodial parents are child support obligors

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

28  identified to improve payments of the child support upon

29  release. The Legislature finds that efforts to address the

30  child support issues of incarcerated noncustodial parents who

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

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 1  enable these parents to leave their incarceration prepared and

 2  capable of meeting their child support obligations. Such

 3  efforts are also recognized as having the potential to develop

 4  the familial connections and sense of parental obligation

 5  which have been found to contribute to reducing recidivism.

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

 7  with the assistance of the Department of Corrections, shall

 8  identify all inmates in the custody of the Department of

 9  Corrections who are noncustodial parents with ordered child

10  support obligations.

11         (3)  The Department of Corrections and the Department

12  of Revenue shall jointly develop a data exchange plan and

13  jointly develop a plan of recommendations to facilitate

14  improved payment of child support from noncustodial parents

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

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

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

18  based on an examination of the population of incarcerated

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

20  the child support issues facing incarcerated noncustodial

21  parents which create barriers to payment, and the strategies

22  that would enable and strengthen the willingness and

23  capability of noncustodial parents to leave their

24  incarceration prepared and capable of paying their child

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

26  prison system is the system of prisons and correctional

27  institutions under the jurisdiction of the Department of

28  Corrections.

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

30  information systems and collaborations to determine:

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

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

 2  paid by the inmate;

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

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

 5  inmate;

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

 7  portion of the child support obligation during the period of

 8  incarceration, particularly if the inmate is placed on

 9  community work release or other programs that allow the inmate

10  to receive wages;

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

12  on incarcerated noncustodial parents;

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

14  educate and prepare the noncustodial parents for their child

15  support obligation, including the identification of the

16  entities responsible for each action;

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

18  build collaboration and data-sharing between the Department of

19  Revenue and the Department of Corrections relative to this

20  initiative at both the local and state level;

21         (i)  Recommendations for any legislative action that

22  would facilitate payment of child support by this population

23  during and after incarceration; and

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

25  the scope of authority of the Department of Revenue and

26  Department of Corrections.

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

28  Corrections shall submit a report that presents the jointly

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

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

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

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 1  presents the actions taken to implement the plan, barriers

 2  encountered, and any legislative actions identified to address

 3  emerging issues shall be prepared by the Department of Revenue

 4  and the Department of Corrections and submitted by December

 5  31, 2005, to the Governor, the President of the Senate, and

 6  the Speaker of the House of Representatives.

 7         Section 21.  Except as otherwise expressly provided in

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

 9  

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                       CS for CS for SB 160

12                                 

13  The committee substitute:

14  (1) Corrects the names of two trust funds.

15  (2) Clarifies that the plan to be developed relative to
    incarcerated noncustodial parents between the Department of
16  Revenue and Department of Corrections will be a data exchange
    plan.
17  
    (3) Clarifies the reimbursement arrangement between the
18  Department of Revenue and the Florida Association of Court
    Clerks.
19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  44

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