December 05, 2019
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       Florida Senate - 2010                       CS for CS for SB 694
       
       
       
       By the Committees on Judiciary; and Children, Families, and
       Elder Affairs; and Senator Storms
       
       
       
       590-03779-10                                           2010694c2
    1                        A bill to be entitled                      
    2         An act relating to child support; amending s. 61.13,
    3         F.S.; deleting a reference to health insurance in the
    4         process for determining a parent’s share of an
    5         obligation to pay medical support only; providing that
    6         an obligor may make child support payments directly to
    7         the obligee under certain circumstances; clarifying
    8         when income deduction payments are required to be paid
    9         to the State Disbursement Unit; amending s. 61.30,
   10         F.S.; authorizing the Department of Revenue to submit
   11         to the court a written declaration signed under
   12         penalty of perjury for the purpose of establishing an
   13         obligation for child support; amending s. 382.015,
   14         F.S.; requiring the Office of Vital Statistics in the
   15         Department of Health to prepare and file a new birth
   16         certificate that includes the name of the legal father
   17         when a final judgment of dissolution of marriage
   18         requires the former husband to pay child support for
   19         the child; amending s. 382.016, F.S.; requiring the
   20         Office of Vital Statistics to amend a child’s birth
   21         certificate to include the name of the legal father
   22         upon receipt of a marriage license that identifies the
   23         child as a child of the marriage; amending s.
   24         409.2558, F.S.; requiring the Department of Revenue to
   25         process collected funds that are determined to be
   26         undistributable in a specified manner; requiring the
   27         department to retain as program income de minimis
   28         child support collections under $1; amending s.
   29         409.256, F.S.; changing the term “custodian” to
   30         “caregiver” and defining the role of the caregiver;
   31         amending s. 409.2563, F.S.; replacing “caretaker
   32         relative” with “caregiver” and defining the term;
   33         requiring the notice of a proceeding to establish an
   34         administrative support order to inform parents that
   35         the Department of Revenue may refer the child support
   36         proceeding to the Division of Administrative Hearings
   37         for determination of the support obligation;
   38         authorizing the Department of Revenue to refer a
   39         proceeding to the Division of Administrative Hearings
   40         for an evidentiary hearing to determine the support
   41         obligation; replacing the term “hearing request” with
   42         “proceeding”; amending s. 409.25635, F.S.; authorizing
   43         the Department of Revenue to collect noncovered
   44         medical expenses in installments by issuing an income
   45         deduction notice; amending s. 409.2564, F.S.; removing
   46         a provision that encouraged parties to enter into a
   47         settlement agreement; requiring the department to
   48         review child support orders in IV-D cases at least
   49         once every 3 years; requiring that the department file
   50         a petition to modify support if the review of a
   51         support order indicates that the order should be
   52         modified; amending s. 409.2567, F.S.; authorizing the
   53         Department of Revenue to seek a specified waiver from
   54         the United States Department of Health and Human
   55         Services if the estimated increase in federal funding
   56         to the state derived from the waiver would exceed any
   57         additional cost to the state; amending s. 409.259,
   58         F.S.; extending the deadline for implementing
   59         electronic filing of pleadings and other documents
   60         with the clerks of court in Title IV-D cases until
   61         completion of the Child Support Automated Management
   62         System II; amending s. 409.910, F.S.; requiring the
   63         Agency for Health Care Administration to obtain health
   64         insurance information from insurers and provide it to
   65         the Department of Revenue for use in Title IV-D child
   66         support cases; requiring both agencies to enter into a
   67         cooperative agreement to implement the requirement;
   68         amending s. 414.095, F.S.; conforming a provision to a
   69         change made by the act; amending s. 741.01, F.S.;
   70         requiring an application for a marriage license to
   71         allow both parties to the marriage to state under oath
   72         in writing if they are the parents of a child born in
   73         this state and to identify any such child they have in
   74         common; reenacting ss. 61.14(1)(c) and 61.30(1)(c),
   75         F.S., relating to the enforcement and modification of
   76         support, maintenance, or alimony agreements or orders
   77         and the child support guidelines, respectively, to
   78         incorporate the amendments made to s. 409.2564, F.S.,
   79         in references thereto; providing effective dates.
   80  
   81  Be It Enacted by the Legislature of the State of Florida:
   82  
   83         Section 1. Paragraphs (b) and (d) of subsection (1) of
   84  section 61.13, Florida Statutes, are amended to read:
   85         61.13 Support of children; parenting and time-sharing;
   86  powers of court.—
   87         (1)
   88         (b) Each order for support shall contain a provision for
   89  health insurance for the minor child when health insurance is
   90  reasonable in cost and accessible to the child. Health insurance
   91  is presumed to be reasonable in cost if the incremental cost of
   92  adding health insurance for the child or children does not
   93  exceed 5 percent of the gross income, as defined in s. 61.30, of
   94  the parent responsible for providing health insurance. Health
   95  insurance is accessible to the child if the health insurance is
   96  available to be used in the county of the child’s primary
   97  residence or in another county if the parent who has the most
   98  time under the time-sharing plan agrees. If the time-sharing
   99  plan provides for equal time-sharing, health insurance is
  100  accessible to the child if the health insurance is available to
  101  be used in either county where the child resides or in another
  102  county if both parents agree. The court may require the obligor
  103  to provide health insurance or to reimburse the obligee for the
  104  cost of health insurance for the minor child when insurance is
  105  provided by the obligee. The presumption of reasonable cost may
  106  be rebutted by evidence of any of the factors in s.
  107  61.30(11)(a). The court may deviate from what is presumed
  108  reasonable in cost only upon a written finding explaining its
  109  determination why ordering or not ordering the provision of
  110  health insurance or the reimbursement of the obligee’s cost for
  111  providing health insurance for the minor child would be unjust
  112  or inappropriate. In any event, the court shall apportion the
  113  cost of health insurance, and any noncovered medical, dental,
  114  and prescription medication expenses of the child, to both
  115  parties by adding the cost to the basic obligation determined
  116  pursuant to s. 61.30(6). The court may order that payment of
  117  noncovered medical, dental, and prescription medication expenses
  118  of the minor child be made directly to the obligee on a
  119  percentage basis. In a proceeding for medical support only, each
  120  parent’s share of the child’s health insurance and noncovered
  121  medical expenses shall equal the parent’s percentage share of
  122  the combined net income of the parents. The percentage share
  123  shall be calculated by dividing each parent’s net monthly income
  124  by the combined monthly net income of both parents. Net income
  125  is calculated as specified by s. 61.30(3) and (4).
  126         1. In a non-Title IV-D case, a copy of the court order for
  127  health insurance shall be served on the obligor’s union or
  128  employer by the obligee when the following conditions are met:
  129         a. The obligor fails to provide written proof to the
  130  obligee within 30 days after receiving effective notice of the
  131  court order that the health insurance has been obtained or that
  132  application for health insurance has been made;
  133         b. The obligee serves written notice of intent to enforce
  134  an order for health insurance on the obligor by mail at the
  135  obligor’s last known address; and
  136         c. The obligor fails within 15 days after the mailing of
  137  the notice to provide written proof to the obligee that the
  138  health insurance existed as of the date of mailing.
  139         2.a. A support order enforced under Title IV-D of the
  140  Social Security Act which requires that the obligor provide
  141  health insurance is enforceable by the department through the
  142  use of the national medical support notice, and an amendment to
  143  the support order is not required. The department shall transfer
  144  the national medical support notice to the obligor’s union or
  145  employer. The department shall notify the obligor in writing
  146  that the notice has been sent to the obligor’s union or
  147  employer, and the written notification must include the
  148  obligor’s rights and duties under the national medical support
  149  notice. The obligor may contest the withholding required by the
  150  national medical support notice based on a mistake of fact. To
  151  contest the withholding, the obligor must file a written notice
  152  of contest with the department within 15 business days after the
  153  date the obligor receives written notification of the national
  154  medical support notice from the department. Filing with the
  155  department is complete when the notice is received by the person
  156  designated by the department in the written notification. The
  157  notice of contest must be in the form prescribed by the
  158  department. Upon the timely filing of a notice of contest, the
  159  department shall, within 5 business days, schedule an informal
  160  conference with the obligor to discuss the obligor’s factual
  161  dispute. If the informal conference resolves the dispute to the
  162  obligor’s satisfaction or if the obligor fails to attend the
  163  informal conference, the notice of contest is deemed withdrawn.
  164  If the informal conference does not resolve the dispute, the
  165  obligor may request an administrative hearing under chapter 120
  166  within 5 business days after the termination of the informal
  167  conference, in a form and manner prescribed by the department.
  168  However, the filing of a notice of contest by the obligor does
  169  not delay the withholding of premium payments by the union,
  170  employer, or health plan administrator. The union, employer, or
  171  health plan administrator must implement the withholding as
  172  directed by the national medical support notice unless notified
  173  by the department that the national medical support notice is
  174  terminated.
  175         b. In a Title IV-D case, the department shall notify an
  176  obligor’s union or employer if the obligation to provide health
  177  insurance through that union or employer is terminated.
  178         3. In a non-Title IV-D case, upon receipt of the order
  179  pursuant to subparagraph 1., or upon application of the obligor
  180  pursuant to the order, the union or employer shall enroll the
  181  minor child as a beneficiary in the group health plan regardless
  182  of any restrictions on the enrollment period and withhold any
  183  required premium from the obligor’s income. If more than one
  184  plan is offered by the union or employer, the child shall be
  185  enrolled in the group health plan in which the obligor is
  186  enrolled.
  187         4.a. Upon receipt of the national medical support notice
  188  under subparagraph 2. in a Title IV-D case, the union or
  189  employer shall transfer the notice to the appropriate group
  190  health plan administrator within 20 business days after the date
  191  on the notice. The plan administrator must enroll the child as a
  192  beneficiary in the group health plan regardless of any
  193  restrictions on the enrollment period, and the union or employer
  194  must withhold any required premium from the obligor’s income
  195  upon notification by the plan administrator that the child is
  196  enrolled. The child shall be enrolled in the group health plan
  197  in which the obligor is enrolled. If the group health plan in
  198  which the obligor is enrolled is not available where the child
  199  resides or if the obligor is not enrolled in group coverage, the
  200  child shall be enrolled in the lowest cost group health plan
  201  that is accessible to the child.
  202         b. If health insurance or the obligor’s employment is
  203  terminated in a Title IV-D case, the union or employer that is
  204  withholding premiums for health insurance under a national
  205  medical support notice must notify the department within 20 days
  206  after the termination and provide the obligor’s last known
  207  address and the name and address of the obligor’s new employer,
  208  if known.
  209         5.a. The amount withheld by a union or employer in
  210  compliance with a support order may not exceed the amount
  211  allowed under s. 303(b) of the Consumer Credit Protection Act,
  212  15 U.S.C. s. 1673(b), as amended. The union or employer shall
  213  withhold the maximum allowed by the Consumer Credit Protection
  214  Act in the following order:
  215         (I) Current support, as ordered.
  216         (II) Premium payments for health insurance, as ordered.
  217         (III) Past due support, as ordered.
  218         (IV) Other medical support or insurance, as ordered.
  219         b. If the combined amount to be withheld for current
  220  support plus the premium payment for health insurance exceed the
  221  amount allowed under the Consumer Credit Protection Act, and the
  222  health insurance cannot be obtained unless the full amount of
  223  the premium is paid, the union or employer may not withhold the
  224  premium payment. However, the union or employer shall withhold
  225  the maximum allowed in the following order:
  226         (I) Current support, as ordered.
  227         (II) Past due support, as ordered.
  228         (III) Other medical support or insurance, as ordered.
  229         6. An employer, union, or plan administrator who does not
  230  comply with the requirements in sub-subparagraph 4.a. is subject
  231  to a civil penalty not to exceed $250 for the first violation
  232  and $500 for subsequent violations, plus attorney’s fees and
  233  costs. The department may file a petition in circuit court to
  234  enforce the requirements of this subparagraph.
  235         7. The department may adopt rules to administer the child
  236  support enforcement provisions of this section that affect Title
  237  IV-D cases.
  238         (d)1. All child support orders shall provide the full name
  239  and date of birth of each minor child who is the subject of the
  240  child support order.
  241         2. If both parties request and the court finds that it is
  242  in the best interest of the child, support payments need not be
  243  subject to immediate income deduction. Support orders that are
  244  not subject to immediate income deduction may be directed
  245  through the depository under s. 61.181 or made payable directly
  246  to the obligee. Payments made by for all support orders that
  247  provide for immediate income deduction shall be made to the
  248  State Disbursement Unit. The court shall provide a copy of the
  249  order to the depository.
  250         3. For support orders payable directly to the obligee that
  251  do not provide for immediate income deduction, any party, or the
  252  department IV-D agency in a IV-D case, may subsequently file an
  253  affidavit with the depository State Disbursement Unit alleging a
  254  default in payment of child support and stating that the party
  255  wishes to require that payments be made through the depository
  256  State Disbursement Unit. The party shall provide copies of the
  257  affidavit to the court and to each other party. Fifteen days
  258  after receipt of the affidavit, the depository State
  259  Disbursement Unit shall notify all parties that future payments
  260  shall be paid through the depository, except that income
  261  deduction payments shall be made to the State Disbursement Unit.
  262         Section 2. Effective July 1, 2010, subsection (15) of
  263  section 61.30, Florida Statutes, is amended to read:
  264         61.30 Child support guidelines; retroactive child support.—
  265         (15) For purposes of establishing an obligation for support
  266  in accordance with this section, if a person who is receiving
  267  public assistance is found to be noncooperative as defined in s.
  268  409.2572, the department may IV-D agency is authorized to submit
  269  to the court an affidavit or written declaration signed under
  270  penalty of perjury as specified in s. 92.525(2) attesting to the
  271  income of that parent based upon information available to the
  272  department IV-D agency.
  273         Section 3. Subsection (2) of section 382.015, Florida
  274  Statutes, is amended to read:
  275         382.015 New certificates of live birth; duty of clerks of
  276  court and department.—The clerk of the court in which any
  277  proceeding for adoption, annulment of an adoption, affirmation
  278  of parental status, or determination of paternity is to be
  279  registered, shall within 30 days after the final disposition,
  280  forward to the department a certified copy of the court order,
  281  or a report of the proceedings upon a form to be furnished by
  282  the department, together with sufficient information to identify
  283  the original birth certificate and to enable the preparation of
  284  a new birth certificate. The clerk of the court shall implement
  285  a monitoring and quality control plan to ensure that all
  286  judicial determinations of paternity are reported to the
  287  department in compliance with this section. The department shall
  288  track paternity determinations reported monthly by county,
  289  monitor compliance with the 30-day timeframe, and report the
  290  data to the clerks of the court quarterly.
  291         (2) DETERMINATION OF PATERNITY.—Upon receipt of the report,
  292  or a certified copy of a final decree of determination of
  293  paternity, or a certified copy of a final judgment of
  294  dissolution of marriage which requires the former husband to pay
  295  child support for the child, together with sufficient
  296  information to identify the original certificate of live birth,
  297  the department shall prepare and file a new birth certificate,
  298  which shall bear the same file number as the original birth
  299  certificate. The registrant’s name shall be entered as decreed
  300  by the court or as reflected in the final judgment or support
  301  order. The names and identifying information of the parents
  302  shall be entered as of the date of the registrant’s birth.
  303         Section 4. Paragraph (b) of subsection (1) of section
  304  382.016, Florida Statutes, is amended to read:
  305         382.016 Amendment of records.—The department, upon receipt
  306  of the fee prescribed in s. 382.0255; documentary evidence, as
  307  specified by rule, of any misstatement, error, or omission
  308  occurring in any birth, death, or fetal death record; and an
  309  affidavit setting forth the changes to be made, shall amend or
  310  replace the original certificate as necessary.
  311         (1) CERTIFICATE OF LIVE BIRTH AMENDMENT.—
  312         (b) Upon written request and receipt of an affidavit, a
  313  notarized voluntary acknowledgment of paternity signed by the
  314  mother and father acknowledging the paternity of a registrant
  315  born out of wedlock, or a voluntary acknowledgment of paternity
  316  that is witnessed by two individuals and signed under penalty of
  317  perjury as specified by s. 92.525(2), together with sufficient
  318  information to identify the original certificate of live birth,
  319  the department shall prepare a new birth certificate, which
  320  shall bear the same file number as the original birth
  321  certificate. The names and identifying information of the
  322  parents shall be entered as of the date of the registrant’s
  323  birth. The surname of the registrant may be changed from that
  324  shown on the original birth certificate at the request of the
  325  mother and father of the registrant, or the registrant if of
  326  legal age. If the mother and father marry each other at any time
  327  after the registrant’s birth, the department shall, upon receipt
  328  of a marriage license that identifies the registrant, or upon
  329  the request of the mother and father or registrant if of legal
  330  age and proof of the marriage, amend the certificate with regard
  331  to the parents’ marital status as though the parents were
  332  married at the time of birth. The department shall substitute
  333  the new certificate of birth for the original certificate on
  334  file. All copies of the original certificate of live birth in
  335  the custody of a local registrar or other state custodian of
  336  vital records shall be forwarded to the State Registrar.
  337  Thereafter, when a certified copy of the certificate of birth or
  338  portion thereof is issued, it shall be a copy of the new
  339  certificate of birth or portion thereof, except when a court
  340  order requires issuance of a certified copy of the original
  341  certificate of birth. Except for a birth certificate on which a
  342  father is listed pursuant to an affidavit, a notarized voluntary
  343  acknowledgment of paternity signed by the mother and father
  344  acknowledging the paternity of a registrant born out of wedlock,
  345  or a voluntary acknowledgment of paternity that is witnessed by
  346  two individuals and signed under penalty of perjury as specified
  347  by s. 92.525(2), the department shall place the original
  348  certificate of birth and all papers pertaining thereto under
  349  seal, not to be broken except by order of a court of competent
  350  jurisdiction or as otherwise provided by law.
  351         Section 5. Effective July 1, 2010, subsection (3) of
  352  section 409.2558, Florida Statutes, is amended to read:
  353         409.2558 Support distribution and disbursement.—
  354         (3) UNDISTRIBUTABLE COLLECTIONS.—
  355         (a) The department shall establish by rule the method for
  356  determining a collection or refund to be undistributable to the
  357  final intended recipient. Before determining a collection or
  358  refund to be undistributable, the department shall make
  359  reasonable efforts to locate persons to whom collections or
  360  refunds are owed so that payment can be made. Location efforts
  361  may include disclosure through a searchable database of the
  362  names of obligees, obligors, and depository account numbers on
  363  the Internet in compliance with the requirements of s.
  364  119.01(2)(a).
  365         (b) Collections that are determined to be undistributable
  366  shall be processed in the following order of priority:
  367         1.Apply the payment to any financial liability incurred by
  368  the obligor as a result of a previous payment returned to the
  369  department for insufficient funds; then
  370         2.Apply the payment to any financial liability incurred by
  371  the obligor as a result of an overpayment to the obligor which
  372  the obligor has failed to return to the department after notice;
  373  then
  374         3.Apply the payment to any financial liability incurred by
  375  the obligee as a result of an overpayment to the obligee which
  376  the obligee has failed to return to the department after notice;
  377  then
  378         4.1. Apply the payment to any assigned arrears on the
  379  obligee’s case; then
  380         5.2. Apply the payment to any administrative costs ordered
  381  by the court pursuant to s. 409.2567 associated with the
  382  obligee’s case; then
  383         6.3. When the obligor is subject to a valid order to
  384  support another child in a case with a different obligee and the
  385  obligation is being enforced by the department, the department
  386  shall send by certified mail, restricted delivery, return
  387  receipt requested, to the obligor at the most recent address
  388  provided by the obligor to the tribunal that issued the order, a
  389  notice stating the department’s intention to apply the payment
  390  pursuant to this subparagraph, and advising the obligor of the
  391  right to contest the department’s proposed action in the circuit
  392  court by filing and serving a petition on the department within
  393  30 days after the mailing of the notice. If the obligor does not
  394  file and serve a petition within the 30 days after mailing of
  395  the notice, or upon a disposition of the judicial action
  396  favorable to the department, the department shall apply the
  397  payment toward his or her other support obligation. If there is
  398  more than one such other case, the department shall allocate the
  399  remaining undistributable amount as specified by s.
  400  61.1301(4)(c); then
  401         7.4. Return the payment to the obligor; then
  402         8.5. If the obligor cannot be located after diligent
  403  efforts by the department, the federal share of the payment
  404  shall be credited to the Federal Government and the state share
  405  shall be transferred to the General Revenue Fund.
  406         (c) Refunds to obligors that are determined to be
  407  undistributable shall be processed in the following manner:
  408         1. The federal share of the refund shall be sent to the
  409  Federal Government.
  410         2. The state share shall be credited to the General Revenue
  411  Fund.
  412         (d)If a payment of less than $1 is made by a paper check
  413  on an open Title IV-D case and the payment is not cashed after
  414  180 days, or if less than $1 is owed on a closed Title IV-D
  415  case, the department shall declare the payment as program
  416  income, crediting the federal share of the payment to the
  417  Federal Government and the state share of the payment to the
  418  General Revenue Fund, without attempting to locate either party.
  419         Section 6. Section 409.256, Florida Statutes, is amended to
  420  read:
  421         409.256 Administrative proceeding to establish paternity or
  422  paternity and child support; order to appear for genetic
  423  testing.—
  424         (1) DEFINITIONS.—As used in this section, the term:
  425         (a) “Another state” or “other state” means a state of the
  426  United States, the District of Columbia, Puerto Rico, the United
  427  States Virgin Islands, or any territory or insular possession
  428  subject to the jurisdiction of the United States. The term
  429  includes:
  430         1. An Indian tribe.
  431         2. A foreign jurisdiction that has enacted a law or
  432  established procedures for issuance and enforcement of support
  433  orders which are substantially similar to the procedures under
  434  this act, the Uniform Reciprocal Enforcement of Support Act, or
  435  the Revised Uniform Reciprocal Enforcement of Support Act, as
  436  determined by the Attorney General.
  437         (b) “Caregiver” “Custodian” means a person, other than the
  438  mother, father, or a putative father, who has physical custody
  439  of a child or with whom the child primarily resides. References
  440  in this section to the obligation of a caregiver custodian to
  441  submit to genetic testing mean that the caregiver custodian is
  442  obligated to submit the child for genetic testing, not that the
  443  caregiver custodian must submit to genetic testing.
  444         (c) “Filed” means a document has been received and accepted
  445  for filing at the offices of the Department of Revenue by the
  446  clerk or an authorized deputy clerk designated by the
  447  department.
  448         (d) “Genetic testing” means a scientific analysis of
  449  genetic markers which that is performed by a qualified technical
  450  laboratory only to exclude an individual as the parent of a
  451  child or to show a probability of paternity.
  452         (e) “Paternity and child support proceeding” means an
  453  administrative action commenced by the Department of Revenue to
  454  order genetic testing, establish paternity, and establish an
  455  administrative support order pursuant to this section.
  456         (f) “Paternity proceeding” means an administrative action
  457  commenced by the Department of Revenue to order genetic testing
  458  and establish paternity pursuant to this section.
  459         (g) “Putative father” means an individual who is or may be
  460  the biological father of a child whose paternity has not been
  461  established and whose mother was unmarried when the child was
  462  conceived and born.
  463         (h) “Qualified technical laboratory” means a genetic
  464  testing laboratory that may be under contract with the
  465  Department of Revenue, that uses tests and methods of a type
  466  generally acknowledged as reliable by accreditation
  467  organizations recognized by the United States Department of
  468  Health and Human Services, and that is approved by such an
  469  accreditation organization. The term includes a genetic-testing
  470  laboratory used by another state, if the laboratory has
  471  comparable qualifications.
  472         (i) “Rendered” means that a signed written order is filed
  473  with the clerk or a deputy clerk of the Department of Revenue
  474  and served on the respondent. The date of filing must be
  475  indicated on the face of the order at the time of rendition.
  476         (j) “Respondent” means the person or persons served by the
  477  Department of Revenue with a notice of proceeding pursuant to
  478  subsection (4). The term includes the putative father and may
  479  include the mother or the caregiver custodian of the child.
  480         (k) “This state” or “the state” means the State of Florida.
  481         (2) JURISDICTION; LOCATION OF HEARINGS; RIGHT OF ACCESS TO
  482  THE COURTS.—
  483         (a) The department of Revenue may commence a paternity
  484  proceeding or a paternity and child support proceeding as
  485  provided in subsection (4) if:
  486         1. The child’s paternity has not been established.
  487         2. No one is named as the father on the child’s birth
  488  certificate or the person named as the father is the putative
  489  father named in an affidavit or a written declaration as
  490  provided in subparagraph 5.
  491         3. The child’s mother was unmarried when the child was
  492  conceived and born.
  493         4. The department of Revenue is providing services under
  494  Title IV-D.
  495         5. The child’s mother or a putative father has stated in an
  496  affidavit, or in a written declaration as provided in s.
  497  92.525(2), that the putative father is or may be the child’s
  498  biological father. The affidavit or written declaration must set
  499  forth the factual basis for the allegation of paternity as
  500  provided in s. 742.12(2).
  501         (b) If the department of Revenue receives a request from
  502  another state to assist in the establishment of paternity, the
  503  department may serve an order to appear for genetic testing on a
  504  person who resides in this state and transmit the test results
  505  to the other state without commencing a paternity proceeding in
  506  this state.
  507         (c) The department of Revenue may use the procedures
  508  authorized by this section against a nonresident over whom this
  509  state may assert personal jurisdiction under chapter 48 or
  510  chapter 88.
  511         (d) If a putative father, mother, or caregiver custodian in
  512  a Title IV-D case voluntarily submits to genetic testing, the
  513  department of Revenue may schedule that individual or the child
  514  for genetic testing without serving that individual with an
  515  order to appear for genetic testing. A respondent or other
  516  person who is subject to an order to appear for genetic testing
  517  may waive, in writing or on the record at an administrative
  518  hearing, formal service of notices or orders or waive any other
  519  rights or time periods prescribed by this section.
  520         (e) Whenever practicable, hearings held by the Division of
  521  Administrative Hearings pursuant to this section shall be held
  522  in the judicial circuit where the person receiving services
  523  under Title IV-D resides or, if the person receiving services
  524  under Title IV-D does not reside in this state, in the judicial
  525  circuit where the respondent resides. If the department of
  526  Revenue and the respondent agree, the hearing may be held in
  527  another location. If ordered by the administrative law judge,
  528  the hearing may be conducted telephonically or by
  529  videoconference.
  530         (f) The Legislature does not intend to limit the
  531  jurisdiction of the circuit courts to hear and determine issues
  532  regarding establishment of paternity. This section is intended
  533  to provide the department of Revenue with an alternative
  534  procedure for establishing paternity and child support
  535  obligations in Title IV-D cases. This section does not prohibit
  536  a person who has standing from filing a civil action in circuit
  537  court for a determination of paternity or of child support
  538  obligations.
  539         (g) Section 409.2563(2)(e), (f), and (g) apply to a
  540  proceeding under this section.
  541         (3) MULTIPLE PUTATIVE FATHERS; MULTIPLE CHILDREN.—If more
  542  than one putative father has been named, the department of
  543  Revenue may proceed under this section against a single putative
  544  father or may proceed simultaneously against more than one
  545  putative father. If a putative father has been named as a
  546  possible father of more than one child born to the same mother,
  547  the department may proceed to establish the paternity of each
  548  child in the same proceeding.
  549         (4) NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR
  550  PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC
  551  TESTING; MANNER OF SERVICE; CONTENTS.—The Department of Revenue
  552  shall commence a proceeding to determine paternity, or a
  553  proceeding to determine both paternity and child support, by
  554  serving the respondent with a notice as provided in this
  555  section. An order to appear for genetic testing may be served at
  556  the same time as a notice of the proceeding or may be served
  557  separately. A copy of the affidavit or written declaration upon
  558  which the proceeding is based shall be provided to the
  559  respondent when notice is served. A notice or order to appear
  560  for genetic testing shall be served by certified mail,
  561  restricted delivery, return receipt requested, or in accordance
  562  with the requirements for service of process in a civil action.
  563  Service by certified mail is completed when the certified mail
  564  is received or refused by the addressee or by an authorized
  565  agent as designated by the addressee in writing. If a person
  566  other than the addressee signs the return receipt, the
  567  department shall attempt to reach the addressee by telephone to
  568  confirm whether the notice was received, and the department
  569  shall document any telephonic communications. If someone other
  570  than the addressee signs the return receipt, the addressee does
  571  not respond to the notice, and the department is unable to
  572  confirm that the addressee has received the notice, service is
  573  not completed and the department shall attempt to have the
  574  addressee served personally. For purposes of this section, an
  575  employee or an authorized agent of the department may serve the
  576  notice or order to appear for genetic testing and execute an
  577  affidavit of service. The department may serve an order to
  578  appear for genetic testing on a caregiver custodian. The
  579  department shall provide a copy of the notice or order to appear
  580  by regular mail to the mother and caregiver custodian, if they
  581  are not respondents.
  582         (a) A notice of proceeding to establish paternity must
  583  state:
  584         1. That the department has commenced an administrative
  585  proceeding to establish whether the putative father is the
  586  biological father of the child named in the notice.
  587         2. The name and date of birth of the child and the name of
  588  the child’s mother.
  589         3. That the putative father has been named in an affidavit
  590  or written declaration that states the putative father is or may
  591  be the child’s biological father.
  592         4. That the respondent is required to submit to genetic
  593  testing.
  594         5. That genetic testing will establish either a high degree
  595  of probability that the putative father is the biological father
  596  of the child or that the putative father cannot be the
  597  biological father of the child.
  598         6. That if the results of the genetic test do not indicate
  599  a statistical probability of paternity that equals or exceeds 99
  600  percent, the paternity proceeding in connection with that child
  601  shall cease unless a second or subsequent test is required.
  602         7. That if the results of the genetic test indicate a
  603  statistical probability of paternity that equals or exceeds 99
  604  percent, the department may:
  605         a. Issue a proposed order of paternity that the respondent
  606  may consent to or contest at an administrative hearing; or
  607         b. Commence a proceeding, as provided in s. 409.2563, to
  608  establish an administrative support order for the child. Notice
  609  of the proceeding shall be provided to the respondent by regular
  610  mail.
  611         8. That, if the genetic test results indicate a statistical
  612  probability of paternity that equals or exceeds 99 percent and a
  613  proceeding to establish an administrative support order is
  614  commenced, the department shall issue a proposed order that
  615  addresses paternity and child support. The respondent may
  616  consent to or contest the proposed order at an administrative
  617  hearing.
  618         9. That if a proposed order of paternity or proposed order
  619  of both paternity and child support is not contested, the
  620  department shall adopt the proposed order and render a final
  621  order that establishes paternity and, if appropriate, an
  622  administrative support order for the child.
  623         10. That, until the proceeding is ended, the respondent
  624  shall notify the department in writing of any change in the
  625  respondent’s mailing address and that the respondent shall be
  626  deemed to have received any subsequent order, notice, or other
  627  paper mailed to the most recent address provided or, if a more
  628  recent address is not provided, to the address at which the
  629  respondent was served, and that this requirement continues if
  630  the department renders a final order that establishes paternity
  631  and a support order for the child.
  632         11. That the respondent may file an action in circuit court
  633  for a determination of paternity, child support obligations, or
  634  both.
  635         12. That if the respondent files an action in circuit court
  636  and serves the department with a copy of the petition or
  637  complaint within 20 days after being served notice under this
  638  subsection, the administrative process ends without prejudice
  639  and the action must proceed in circuit court.
  640         13. That, if paternity is established, the putative father
  641  may file a petition in circuit court for a determination of
  642  matters relating to custody and rights of parental contact.
  643  
  644  A notice under this paragraph must also notify the respondent of
  645  the provisions in s. 409.2563(4)(m) and (o).
  646         (b) A notice of proceeding to establish paternity and child
  647  support must state the requirements of paragraph (a), except for
  648  subparagraph (a)7., and must state the requirements of s.
  649  409.2563(4), to the extent that the requirements of s.
  650  409.2563(4) are not already required by and do not conflict with
  651  this subsection. This section and s. 409.2563 apply to a
  652  proceeding commenced under this subsection.
  653         (c) The order to appear for genetic testing shall inform
  654  the person ordered to appear:
  655         1. That the department has commenced an administrative
  656  proceeding to establish whether the putative father is the
  657  biological father of the child.
  658         2. The name and date of birth of the child and the name of
  659  the child’s mother.
  660         3. That the putative father has been named in an affidavit
  661  or written declaration that states the putative father is or may
  662  be the child’s biological father.
  663         4. The date, time, and place that the person ordered to
  664  appear must appear to provide a sample for genetic testing.
  665         5. That if the person has custody of the child whose
  666  paternity is the subject of the proceeding, the person must
  667  submit the child for genetic testing.
  668         6. That when the samples are provided, the person ordered
  669  to appear shall verify his or her identity and the identity of
  670  the child, if applicable, by presenting a form of identification
  671  as prescribed by s. 117.05(5)(b)2. which that bears the
  672  photograph of the person who is providing the sample or other
  673  form of verification approved by the department.
  674         7. That if the person ordered to appear submits to genetic
  675  testing, the department shall pay the cost of the genetic
  676  testing and shall provide the person ordered to appear with a
  677  copy of any test results obtained.
  678         8. That if the person ordered to appear does not appear as
  679  ordered or refuses to submit to genetic testing without good
  680  cause, the department may take one or more of the following
  681  actions:
  682         a. Commence proceedings to suspend the driver’s license and
  683  motor vehicle registration of the person ordered to appear, as
  684  provided in s. 61.13016;
  685         b. Impose an administrative fine against the person ordered
  686  to appear in the amount of $500; or
  687         c. File a petition in circuit court to establish paternity
  688  and obtain a support order for the child and an order for costs
  689  against the person ordered to appear, including costs for
  690  genetic testing.
  691         9. That the person ordered to appear may contest the order
  692  by filing a written request for informal review within 15 days
  693  after the date of service of the order, with further rights to
  694  an administrative hearing following the informal review.
  695         (d) If the putative father is incarcerated, the
  696  correctional facility shall assist the putative father in
  697  complying with an administrative order to appear for genetic
  698  testing issued under this section.
  699         (e) An administrative order to appear for genetic testing
  700  has the same force and effect as a court order.
  701         (5) RIGHT TO CONTEST ORDER TO APPEAR FOR GENETIC TESTING.—
  702         (a) The person ordered to appear may contest an order to
  703  appear for genetic testing by filing a written request for
  704  informal review with the department of Revenue within 15 days
  705  after the date of service of the order. The purpose of the
  706  informal review is to provide the person ordered to appear with
  707  an opportunity to discuss the proceedings and the basis of the
  708  order. At the conclusion of the informal review, the department
  709  shall notify the person ordered to appear, in writing, whether
  710  it intends to proceed with the order to appear. If the
  711  department notifies the person ordered to appear of its intent
  712  to proceed, the notice must inform the person ordered to appear
  713  of the right to contest the order at an administrative hearing.
  714         (b) Following an informal review, within 15 days after the
  715  mailing date of the department’s Department of Revenue’s
  716  notification that the department shall proceed with an order to
  717  appear for genetic testing, the person ordered to appear may
  718  file a request for an administrative hearing to contest whether
  719  the person should be required to submit to genetic testing. A
  720  request for an administrative hearing must state the specific
  721  reasons why the person ordered to appear believes he or she
  722  should not be required to submit to genetic testing as ordered.
  723  If the person ordered to appear files a timely request for a
  724  hearing, the department shall refer the hearing request to the
  725  Division of Administrative Hearings. Unless otherwise provided
  726  in this section, administrative hearings are governed by chapter
  727  120 and the uniform rules of procedure. The administrative law
  728  judge assigned to the case shall issue an order as to whether
  729  the person must submit to genetic testing in accordance with the
  730  order to appear. The department or the person ordered to appear
  731  may seek immediate judicial review under s. 120.68 of an order
  732  issued by an administrative law judge pursuant to this
  733  paragraph.
  734         (c) If a timely request for an informal review or an
  735  administrative hearing is filed, the department may not proceed
  736  under the order to appear for genetic testing and may not impose
  737  sanctions for failure or refusal to submit to genetic testing
  738  until:
  739         1. The department has notified the person of its intent to
  740  proceed after informal review, and a timely request for hearing
  741  is not filed;
  742         2. The person ordered to appear withdraws the request for
  743  hearing or informal review; or
  744         3. The Division of Administrative Hearings issues an order
  745  that the person must submit to genetic testing, or issues an
  746  order closing the division’s file, and that an order has become
  747  final.
  748         (d) If a request for an informal review or administrative
  749  hearing is not timely filed, the person ordered to appear is
  750  deemed to have waived the right to a hearing, and the department
  751  may proceed under the order to appear for genetic testing.
  752         (6) SCHEDULING OF GENETIC TESTING.—
  753         (a) The department of Revenue shall notify, in writing, the
  754  person ordered to appear of the date, time, and location of the
  755  appointment for genetic testing and of the requirement to verify
  756  his or her identity and the identity of the child, if
  757  applicable, when the samples are provided by presenting a form
  758  of identification as prescribed in s. 117.05(5)(b)2. which that
  759  bears the photograph of the person who is providing the sample
  760  or other form of verification approved by the department. If the
  761  person ordered to appear is the putative father or the mother,
  762  that person shall appear and submit to genetic testing. If the
  763  person ordered to appear is a caregiver custodian, or if the
  764  putative father or the mother has custody of the child, that
  765  person must submit the child for genetic testing.
  766         (b) The department shall reschedule genetic testing:
  767         1. One time without cause if, in advance of the initial
  768  test date, the person ordered to appear requests the department
  769  to reschedule the test.
  770         2. One time if the person ordered to appear shows good
  771  cause for failure to appear for a scheduled test.
  772         3. One time upon request of a person ordered to appear
  773  against whom sanctions have been imposed as provided in
  774  subsection (7).
  775  
  776  A claim of good cause for failure to appear shall be filed with
  777  the department within 10 days after the scheduled test date and
  778  must state the facts and circumstances supporting the claim. The
  779  department shall notify the person ordered to appear, in
  780  writing, whether it accepts or rejects the person’s claim of
  781  good cause. There is not a separate right to a hearing on the
  782  department’s decision to accept or reject the claim of good
  783  cause because the person ordered to appear may raise good cause
  784  as a defense to any proceeding initiated by the department under
  785  subsection (7).
  786         (c) A person ordered to appear may obtain a second genetic
  787  test by filing a written request for a second test with the
  788  department within 15 days after the date of mailing of the
  789  initial genetic testing results and by paying the department in
  790  advance for the full cost of the second test.
  791         (d) The department may schedule and require a subsequent
  792  genetic test if it has reason to believe the results of the
  793  preceding genetic test may not be reliable.
  794         (e) Except as provided in paragraph (c) and subsection (7),
  795  the department shall pay for the cost of genetic testing ordered
  796  under this section.
  797         (7) FAILURE OR REFUSAL TO SUBMIT TO GENETIC TESTING.—If a
  798  person who is served with an order to appear for genetic testing
  799  fails to appear without good cause or refuses to submit to
  800  testing without good cause, the department may take one or more
  801  of the following actions:
  802         (a) Commence a proceeding to suspend the driver’s license
  803  and motor vehicle registration of the person ordered to appear,
  804  as provided in s. 61.13016;
  805         (b) Impose an administrative fine against the person
  806  ordered to appear in the amount of $500; or
  807         (c) File a petition in circuit court to establish
  808  paternity, obtain a support order for the child, and seek
  809  reimbursement from the person ordered to appear for the full
  810  cost of genetic testing incurred by the department.
  811  
  812  As provided in s. 322.058(2), a suspended driver’s license and
  813  motor vehicle registration may be reinstated when the person
  814  ordered to appear complies with the order to appear for genetic
  815  testing. The department may collect an administrative fine
  816  imposed under this subsection by using civil remedies or other
  817  statutory means available to the department for collecting
  818  support.
  819         (8) GENETIC-TESTING RESULTS.—The department shall send a
  820  copy of the genetic-testing results to the putative father, to
  821  the mother, to the caregiver custodian, and to the other state,
  822  if applicable. If the genetic-testing results, including second
  823  or subsequent genetic-testing results, do not indicate a
  824  statistical probability of paternity that equals or exceeds 99
  825  percent, the paternity proceeding in connection with that child
  826  shall cease.
  827         (9) PROPOSED ORDER OF PATERNITY; COMMENCEMENT OF PROCEEDING
  828  TO ESTABLISH ADMINISTRATIVE SUPPORT ORDER; PROPOSED ORDER OF
  829  PATERNITY AND CHILD SUPPORT.—
  830         (a) If a paternity proceeding has been commenced under this
  831  section and the results of genetic testing indicate a
  832  statistical probability of paternity that equals or exceeds 99
  833  percent, the department of Revenue may:
  834         1. Issue a proposed order of paternity as provided in
  835  paragraph (b); or
  836         2. If appropriate, delay issuing a proposed order of
  837  paternity and commence, by regular mail, an administrative
  838  proceeding to establish a support order for the child pursuant
  839  to s. 409.2563 and issue a single proposed order that addresses
  840  paternity and child support.
  841         (b) A proposed order of paternity must:
  842         1. State proposed findings of fact and conclusions of law.
  843         2. Include a copy of the results of genetic testing.
  844         3. Include notice of the respondent’s right to informal
  845  review and to contest the proposed order of paternity at an
  846  administrative hearing.
  847         (c) If a paternity and child support proceeding has been
  848  commenced under this section and the results of genetic testing
  849  indicate a statistical probability of paternity that equals or
  850  exceeds 99 percent, the department of Revenue may issue a single
  851  proposed order that addresses paternity as provided in this
  852  section and child support as provided in s. 409.2563.
  853         (d) The department of Revenue shall serve a proposed order
  854  issued under this section on the respondent by regular mail and
  855  shall provide a copy by regular mail to the mother or caregiver
  856  custodian if they are not respondents.
  857         (10) INFORMAL REVIEW; ADMINISTRATIVE HEARING; PRESUMPTION
  858  OF PATERNITY.—
  859         (a) Within 10 days after the date of mailing or other
  860  service of a proposed order of paternity, the respondent may
  861  contact a representative of the department of Revenue at the
  862  address or telephone number provided to request an informal
  863  review of the proposed order. If an informal review is timely
  864  requested, the time for requesting a hearing is extended until
  865  10 days after the department mails notice to the respondent that
  866  the informal review has been concluded.
  867         (b) Within 20 days after the mailing date of the proposed
  868  order or within 10 days after the mailing date of notice that an
  869  informal review has been concluded, whichever is later, the
  870  respondent may request an administrative hearing by filing a
  871  written request for a hearing with the department of Revenue. A
  872  request for a hearing must state the specific objections to the
  873  proposed order, the specific objections to the genetic testing
  874  results, or both. A respondent who fails to file a timely
  875  request for a hearing is deemed to have waived the right to a
  876  hearing.
  877         (c) If the respondent files a timely request for a hearing,
  878  the department of Revenue shall refer the hearing request to the
  879  Division of Administrative Hearings. Unless otherwise provided
  880  in this section or in s. 409.2563, chapter 120 and the uniform
  881  rules of procedure govern the conduct of the proceedings.
  882         (d) The genetic-testing results shall be admitted into
  883  evidence and made a part of the hearing record. For purposes of
  884  this section, a statistical probability of paternity that equals
  885  or exceeds 99 percent creates a presumption, as defined in s.
  886  90.304, that the putative father is the biological father of the
  887  child. The presumption may be overcome only by clear and
  888  convincing evidence. The respondent or the department of Revenue
  889  may call an expert witness to refute or support the testing
  890  procedure or results or the mathematical theory on which they
  891  are based. Verified documentation of the chain of custody of the
  892  samples tested is competent evidence to establish the chain of
  893  custody.
  894         (11) FINAL ORDER ESTABLISHING PATERNITY OR PATERNITY AND
  895  CHILD SUPPORT; CONSENT ORDER; NOTICE TO OFFICE OF VITAL
  896  STATISTICS.—
  897         (a) If a hearing is held, the administrative law judge of
  898  the Division of Administrative Hearings shall issue a final
  899  order that adjudicates paternity or, if appropriate, paternity
  900  and child support. A final order of the administrative law judge
  901  constitutes final agency action by the Department of Revenue.
  902  The Division of Administrative Hearings shall transmit any such
  903  order to the department for filing and rendering.
  904         (b) If the respondent does not file a timely request for a
  905  hearing or consents in writing to entry of a final order without
  906  a hearing, the department of Revenue may render a final order of
  907  paternity or a final order of paternity and child support, as
  908  appropriate.
  909         (c) The department of Revenue shall mail a copy of the
  910  final order to the putative father, the mother, and the
  911  caregiver custodian, if any. The department shall notify the
  912  respondent of the right to seek judicial review of a final order
  913  in accordance with s. 120.68.
  914         (d) Upon rendering a final order of paternity or a final
  915  order of paternity and child support, the department of Revenue
  916  shall notify the Division of Vital Statistics of the Department
  917  of Health that the paternity of the child has been established.
  918         (e) A final order rendered pursuant to this section has the
  919  same effect as a judgment entered by the court pursuant to
  920  chapter 742.
  921         (f) The provisions of s. 409.2563 which that apply to a
  922  final administrative support order rendered under that section
  923  apply to a final order rendered under this section when a child
  924  support obligation is established.
  925         (12) RIGHT TO JUDICIAL REVIEW.—A respondent has the right
  926  to seek judicial review, in accordance with s. 120.68, of a
  927  final order rendered under subsection (11) and an order issued
  928  under paragraph (5)(b). The department of Revenue has the right
  929  to seek judicial review, in accordance with s. 120.68, of a
  930  final order issued by an administrative law judge under
  931  subsection (11) and an order issued by an administrative law
  932  judge under paragraph (5)(b).
  933         (13) DUTY TO PROVIDE AND MAINTAIN CURRENT MAILING ADDRESS.
  934  Until a proceeding that has been commenced under this section
  935  has ended, a respondent who is served with a notice of
  936  proceeding must inform the department of Revenue in writing of
  937  any change in the respondent’s mailing address and is deemed to
  938  have received any subsequent order, notice, or other paper
  939  mailed to that address, or the address at which the respondent
  940  was served, if the respondent has not provided a more recent
  941  address.
  942         (14) PROCEEDINGS IN CIRCUIT COURT.—The results of genetic
  943  testing performed pursuant to this section are admissible as
  944  evidence to the same extent as scientific testing ordered by the
  945  court pursuant to chapter 742.
  946         (15) GENDER NEUTRAL.—This section shall be construed
  947  impartially, regardless of a person’s gender, and applies with
  948  equal force to the mother of a child whose paternity has not
  949  been established and is not presumed by law.
  950         (16) REMEDIES SUPPLEMENTAL.—The remedies provided in this
  951  section are supplemental and in addition to other remedies
  952  available to the department for the establishment of paternity
  953  and child support obligations.
  954         (17) RULEMAKING AUTHORITY.—The department may adopt rules
  955  to implement this section.
  956         Section 7. Paragraph (b) of subsection (1), paragraph (d)
  957  of subsection (2), subsection (4), paragraphs (a) and (b) of
  958  subsection (5), and subsections (6), (7), and (13) of section
  959  409.2563, Florida Statutes, are amended to read:
  960         409.2563 Administrative establishment of child support
  961  obligations.—
  962         (1) DEFINITIONS.—As used in this section, the term:
  963         (b) “Caregiver” means a person, other than the mother,
  964  father, or putative father, who has physical custody of the
  965  child or with whom the child primarily resides. “Caretaker
  966  relative” has the same meaning ascribed in s. 414.0252(11).
  967  
  968  Other terms used in this section have the meanings ascribed in
  969  ss. 61.046 and 409.2554.
  970         (2) PURPOSE AND SCOPE.—
  971         (d) Either parent, or a caregiver caretaker relative if
  972  applicable, may at any time file a civil action in a circuit
  973  court having jurisdiction and proper venue to determine parental
  974  support obligations, if any. A support order issued by a circuit
  975  court prospectively supersedes an administrative support order
  976  rendered by the department.
  977         (4) NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
  978  SUPPORT ORDER.—To commence a proceeding under this section, the
  979  department shall provide to the parent from whom support is not
  980  being sought and serve the parent from whom support is being
  981  sought with a notice of proceeding to establish administrative
  982  support order and a blank financial affidavit form. The notice
  983  must state:
  984         (a) The names of both parents, the name of the caregiver
  985  caretaker relative, if any, and the name and date of birth of
  986  the child or children;
  987         (b) That the department intends to establish an
  988  administrative support order as defined in this section;
  989         (c) That both parents must submit a completed financial
  990  affidavit to the department within 20 days after receiving the
  991  notice, as provided by paragraph (13)(a);
  992         (d) That both parents, or parent and caregiver caretaker
  993  relative if applicable, are required to furnish to the
  994  department information regarding their identities and locations,
  995  as provided by paragraph (13)(b);
  996         (e) That both parents, or parent and caregiver caretaker
  997  relative if applicable, are required to promptly notify the
  998  department of any change in their mailing addresses to ensure
  999  receipt of all subsequent pleadings, notices, and orders, as
 1000  provided by paragraph (13)(c);
 1001         (f) That the department will calculate support obligations
 1002  based on the child support guidelines schedule in s. 61.30 and
 1003  using all available information, as provided by paragraph
 1004  (5)(a), and will incorporate such obligations into a proposed
 1005  administrative support order;
 1006         (g) That the department will send by regular mail to both
 1007  parents, or parent and caregiver caretaker relative if
 1008  applicable, a copy of the proposed administrative support order,
 1009  the department’s child support worksheet, and any financial
 1010  affidavits submitted by a parent or prepared by the department;
 1011         (h) That the parent from whom support is being sought may
 1012  file a request for a hearing in writing within 20 days after the
 1013  date of mailing or other service of the proposed administrative
 1014  support order or will be deemed to have waived the right to
 1015  request a hearing;
 1016         (i) That unless the department refers the proceeding to the
 1017  Division of Administrative Hearings or if the parent from whom
 1018  support is being sought does not file a timely request for
 1019  hearing after service of the proposed administrative support
 1020  order, the department will issue an administrative support order
 1021  that incorporates the findings of the proposed administrative
 1022  support order, and will send by regular mail a copy of the
 1023  administrative support order to both parents, or parent and
 1024  caregiver caretaker relative if applicable;
 1025         (j) That after an administrative support order is rendered,
 1026  the department will file a copy of the order with the clerk of
 1027  the circuit court;
 1028         (k) That after an administrative support order is rendered,
 1029  the department may enforce the administrative support order by
 1030  any lawful means;
 1031         (l)That the department may refer the proceeding to the
 1032  Division of Administrative Hearings for a determination of the
 1033  support obligation, if any.
 1034         (m)(l) That either parent, or caregiver caretaker relative
 1035  if applicable, may file at any time a civil action in a circuit
 1036  court having jurisdiction and proper venue to determine parental
 1037  support obligations, if any, and that a support order issued by
 1038  a circuit court supersedes an administrative support order
 1039  rendered by the department;
 1040         (n)(m) That, neither the department nor the Division of
 1041  Administrative Hearings has jurisdiction to award or change
 1042  child custody or rights of parental contact or time-sharing, and
 1043  these issues may only be addressed only in circuit court.
 1044         1. The parent from whom support is being sought may request
 1045  in writing that the department proceed in circuit court to
 1046  determine his or her support obligations.
 1047         2. The parent from whom support is being sought may state
 1048  in writing to the department his or her intention to address
 1049  issues concerning custody or rights to parental contact in
 1050  circuit court.
 1051         3. If the parent from whom support is being sought submits
 1052  the request authorized in subparagraph 1., or the statement
 1053  authorized in subparagraph 2. to the department within 20 days
 1054  after the receipt of the initial notice, the department shall
 1055  file a petition in circuit court for the determination of the
 1056  parent’s child support obligations, and shall send to the parent
 1057  from whom support is being sought a copy of its petition, a
 1058  notice of commencement of action, and a request for waiver of
 1059  service of process as provided in the Florida Rules of Civil
 1060  Procedure.
 1061         4. If, within 10 days after receipt of the department’s
 1062  petition and waiver of service, the parent from whom support is
 1063  being sought signs and returns the waiver of service form to the
 1064  department, the department shall terminate the administrative
 1065  proceeding without prejudice and proceed in circuit court.
 1066         5. In any circuit court action filed by the department
 1067  pursuant to this paragraph or filed by a parent from whom
 1068  support is being sought or other person pursuant to paragraph
 1069  (m) (l) or paragraph (o) (n), the department shall be a party
 1070  only with respect to those issues of support allowed and
 1071  reimbursable under Title IV-D of the Social Security Act. It is
 1072  the responsibility of the parent from whom support is being
 1073  sought or other person to take the necessary steps to present
 1074  other issues for the court to consider.
 1075         (o)(n) That if the parent from whom support is being sought
 1076  files an action in circuit court and serves the department with
 1077  a copy of the petition within 20 days after being served notice
 1078  under this subsection, the administrative process ends without
 1079  prejudice and the action must proceed in circuit court;
 1080         (p)(o) Information provided by the Office of State Courts
 1081  Administrator concerning the availability and location of self
 1082  help programs for those who wish to file an action in circuit
 1083  court but who cannot afford an attorney.
 1084  
 1085  The department may serve the notice of proceeding to establish
 1086  administrative support order by certified mail, restricted
 1087  delivery, return receipt requested. Alternatively, the
 1088  department may serve the notice by any means permitted for
 1089  service of process in a civil action. For purposes of this
 1090  section, an authorized employee of the department may serve the
 1091  notice and execute an affidavit of service. Service by certified
 1092  mail is completed when the certified mail is received or refused
 1093  by the addressee or by an authorized agent as designated by the
 1094  addressee in writing. If a person other than the addressee signs
 1095  the return receipt, the department shall attempt to reach the
 1096  addressee by telephone to confirm whether the notice was
 1097  received, and the department shall document any telephonic
 1098  communications. If someone other than the addressee signs the
 1099  return receipt, the addressee does not respond to the notice,
 1100  and the department is unable to confirm that the addressee has
 1101  received the notice, service is not completed and the department
 1102  shall attempt to have the addressee served personally. The
 1103  department shall provide the parent from whom support is not
 1104  being sought or the caregiver caretaker relative with a copy of
 1105  the notice by regular mail to the last known address of the
 1106  parent from whom support is not being sought or caregiver
 1107  caretaker.
 1108         (5) PROPOSED ADMINISTRATIVE SUPPORT ORDER.—
 1109         (a) After serving notice upon a parent in accordance with
 1110  subsection (4), the department shall calculate that parent’s
 1111  child support obligation under the child support guidelines
 1112  schedule as provided by s. 61.30, based on any timely financial
 1113  affidavits received and other information available to the
 1114  department. If either parent fails to comply with the
 1115  requirement to furnish a financial affidavit, the department may
 1116  proceed on the basis of information available from any source,
 1117  if such information is sufficiently reliable and detailed to
 1118  allow calculation of guideline schedule amounts under s. 61.30.
 1119  If a parent receives public assistance and fails to submit a
 1120  financial affidavit, the department may submit a financial
 1121  affidavit or written declaration for that parent pursuant to s.
 1122  61.30(15). If there is a lack of sufficient reliable information
 1123  concerning a parent’s actual earnings for a current or past
 1124  period, it shall be presumed for the purpose of establishing a
 1125  support obligation that the parent had an earning capacity equal
 1126  to the federal minimum wage during the applicable period.
 1127         (b) The department shall send by regular mail to both
 1128  parents, or to a parent and caregiver caretaker relative if
 1129  applicable, copies of the proposed administrative support order,
 1130  its completed child support worksheet, and any financial
 1131  affidavits submitted by a parent or prepared by the department.
 1132  The proposed administrative support order must contain the same
 1133  elements as required for an administrative support order under
 1134  paragraph (7)(e).
 1135         (6) HEARING.—If the parent from whom support is being
 1136  sought files a timely request for hearing or the department
 1137  determines that an evidentiary hearing is appropriate, the
 1138  department shall refer the proceeding hearing request to the
 1139  Division of Administrative Hearings. Unless otherwise provided
 1140  by this section, chapter 120 and the Uniform Rules of Procedure
 1141  shall govern the conduct of the proceedings. The administrative
 1142  law judge shall consider all available and admissible
 1143  information and any presumptions that apply as provided by
 1144  paragraph (5)(a).
 1145         (7) ADMINISTRATIVE SUPPORT ORDER.—
 1146         (a) If a hearing is held, the administrative law judge of
 1147  the Division of Administrative Hearings shall issue an
 1148  administrative support order, or a final order denying an
 1149  administrative support order, which constitutes final agency
 1150  action by the department. The Division of Administrative
 1151  Hearings shall transmit any such order to the department for
 1152  filing and rendering.
 1153         (b) If the parent from whom support is being sought does
 1154  not file a timely request for a hearing, the parent will be
 1155  deemed to have waived the right to request a hearing.
 1156         (c) If the parent from whom support is being sought waives
 1157  the right to a hearing, or consents in writing to the entry of
 1158  an order without a hearing, the department may render an
 1159  administrative support order.
 1160         (d) The department shall send by regular mail a copy of the
 1161  administrative support order, or the final order denying an
 1162  administrative support order, to both parents, or a parent and
 1163  caregiver caretaker relative if applicable. The parent from whom
 1164  support is being sought shall be notified of the right to seek
 1165  judicial review of the administrative support order in
 1166  accordance with s. 120.68.
 1167         (e) An administrative support order must comply with ss.
 1168  61.13(1) and 61.30. The department shall develop a standard form
 1169  or forms for administrative support orders. An administrative
 1170  support order must provide and state findings, if applicable,
 1171  concerning:
 1172         1. The full name and date of birth of the child or
 1173  children;
 1174         2. The name of the parent from whom support is being sought
 1175  and the other parent or caregiver caretaker relative;
 1176         3. The parent’s duty and ability to provide support;
 1177         4. The amount of the parent’s monthly support obligation;
 1178         5. Any obligation to pay retroactive support;
 1179         6. The parent’s obligation to provide for the health care
 1180  needs of each child, whether through health insurance,
 1181  contribution toward towards the cost of health insurance,
 1182  payment or reimbursement of health care expenses for the child,
 1183  or any combination thereof;
 1184         7. The beginning date of any required monthly payments and
 1185  health insurance;
 1186         8. That all support payments ordered must be paid to the
 1187  Florida State Disbursement Unit as provided by s. 61.1824;
 1188         9. That the parents, or caregiver caretaker relative if
 1189  applicable, must file with the department when the
 1190  administrative support order is rendered, if they have not
 1191  already done so, and update as appropriate the information
 1192  required pursuant to paragraph (13)(b);
 1193         10. That both parents, or parent and caregiver caretaker
 1194  relative if applicable, are required to promptly notify the
 1195  department of any change in their mailing addresses pursuant to
 1196  paragraph (13)(c); and
 1197         11. That if the parent ordered to pay support receives
 1198  unemployment compensation benefits, the payor shall withhold,
 1199  and transmit to the department, 40 percent of the benefits for
 1200  payment of support, not to exceed the amount owed.
 1201  
 1202  An income deduction order as provided by s. 61.1301 must be
 1203  incorporated into the administrative support order or, if not
 1204  incorporated into the administrative support order, the
 1205  department or the Division of Administrative Hearings shall
 1206  render a separate income deduction order.
 1207         (13) REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT TO
 1208  ADDRESS OF RECORD.—In all proceedings pursuant to this section:
 1209         (a) Each parent must execute and furnish to the department,
 1210  no later than 20 days after receipt of the notice of proceeding
 1211  to establish administrative support order, a financial affidavit
 1212  in the form prescribed by the department. An updated financial
 1213  affidavit must be executed and furnished to the department at
 1214  the inception of each proceeding to modify an administrative
 1215  support order. A caregiver is caretaker relatives are not
 1216  required to furnish a financial affidavit affidavits.
 1217         (b) Each parent and caregiver, caretaker relative if
 1218  applicable, shall disclose to the department, no later than 20
 1219  days after receipt of the notice of proceeding to establish
 1220  administrative support order, and update as appropriate,
 1221  information regarding his or her identity and location,
 1222  including names he or she is known by; social security number;
 1223  residential and mailing addresses; telephone numbers; driver’s
 1224  license numbers; and names, addresses, and telephone numbers of
 1225  employers. Pursuant to the federal Personal Responsibility and
 1226  Work Opportunity Reconciliation Act of 1996, each person must
 1227  provide his or her social security number in accordance with
 1228  this section. Disclosure of social security numbers obtained
 1229  through this requirement shall be limited to the purpose of
 1230  administration of the Title IV-D program for child support
 1231  enforcement.
 1232         (c) Each parent and caregiver caretaker relative, if
 1233  applicable, has a continuing obligation to promptly inform the
 1234  department in writing of any change in his or her mailing
 1235  address to ensure receipt of all subsequent pleadings, notices,
 1236  payments, statements, and orders, and receipt is presumed if
 1237  sent by regular mail to the most recent address furnished by the
 1238  person.
 1239         Section 8. Effective October 1, 2010, subsection (7) of
 1240  section 409.25635, Florida Statutes, is amended to read:
 1241         409.25635 Determination and collection of noncovered
 1242  medical expenses.—
 1243         (7) COLLECTION ACTION; ADMINISTRATIVE REMEDIES.—Any
 1244  administrative remedy available for collection of support may be
 1245  used to collect noncovered medical expenses that are determined
 1246  or established under this section. The department may collect
 1247  noncovered medical expenses in installments by adding a periodic
 1248  payment to an income deduction notice issued by the department.
 1249         Section 9. Effective November 1, 2010, subsections (4) and
 1250  (11) of section 409.2564, Florida Statutes, are amended to read:
 1251         409.2564 Actions for support.—
 1252         (4) Whenever the Department of Revenue has undertaken an
 1253  action for enforcement of support, the Department of Revenue may
 1254  enter into an agreement with the obligor for the entry of a
 1255  judgment determining paternity, if applicable, and for periodic
 1256  child support payments based on the child support guidelines
 1257  schedule in s. 61.30. Before Prior to entering into this
 1258  agreement, the obligor shall be informed that a judgment will be
 1259  entered based on the agreement. The clerk of the court shall
 1260  file the agreement without the payment of any fees or charges,
 1261  and the court, upon entry of the judgment, shall forward a copy
 1262  of the judgment to the parties to the action. To encourage out
 1263  of-court settlement and promote support order compliance, if the
 1264  obligor and the Department of Revenue agree on entry of a
 1265  support order and its terms, the guideline amount owed for
 1266  retroactive support that is permanently assigned to the state
 1267  shall be reduced by 25 percent.
 1268         (11)(a) The Department of Revenue Title IV-D agency shall
 1269  review child support orders in IV-D cases at least once every 3
 1270  years when requested upon request by either party, or when
 1271  support rights are assigned the agency in cases where there is
 1272  an assignment of support to the state under s. 414.095(7), and
 1273  may seek modification adjustment of the order if appropriate
 1274  under the child support guidelines schedule established in s.
 1275  61.30. Not less than once every 3 years the department IV-D
 1276  agency shall provide notice to the parties subject to the order
 1277  informing them of their right to request a review and, if
 1278  appropriate, a modification an adjustment of the child support
 1279  order. The Said notice requirement may be met by including
 1280  appropriate language in the initial support order or any
 1281  subsequent orders.
 1282         (b)If the department’s review of a support order entered
 1283  by the circuit court indicates that the order should be
 1284  modified, the department, through counsel, shall file a petition
 1285  to modify the order with the court. Along with the petition, the
 1286  department shall file a child support guideline worksheet, any
 1287  financial affidavits received from the parties or completed by
 1288  the department as part of the support order review, and a
 1289  proposed modified order. A copy of the petition, proposed order,
 1290  and other documents shall be served by registered mail,
 1291  restricted delivery, on a party who requested review of a
 1292  support order. A party who did not request review of a support
 1293  order shall be served by registered mail, restricted delivery,
 1294  or shall be served personally in any manner authorized by
 1295  chapter 48.
 1296         (c)If a timely objection or request for a hearing is not
 1297  filed with the court, the court may modify the support order
 1298  after an evidentiary hearing.
 1299         (d)If a support order does not provide for payment of
 1300  noncovered medical expenses or require health insurance for the
 1301  minor child and it is accessible to the child and available at
 1302  reasonable cost, the department shall seek to have the order
 1303  modified, and any modification shall be made after an
 1304  evidentiary hearing.
 1305         Section 10. Subsection (5) of section 409.2567, Florida
 1306  Statutes, is amended to read:
 1307         409.2567 Services to individuals not otherwise eligible.—
 1308         (5) The Department of Revenue may shall seek a waiver from
 1309  the Secretary of the United States Department of Health and
 1310  Human Services to authorize the Department of Revenue to provide
 1311  services in accordance with Title IV-D of the Social Security
 1312  Act to individuals who are owed support without need of an
 1313  application. The department may seek a waiver if it determines
 1314  that the estimated increase in federal funding to the state
 1315  derived from the waiver would exceed any additional cost to the
 1316  state if the waiver is granted. If the waiver is granted, the
 1317  Department of Revenue shall adopt rules to implement the waiver
 1318  and begin providing Title IV-D services if support payments are
 1319  not being paid as ordered, except that the individual first must
 1320  be given written notice of the right to refuse Title IV-D
 1321  services and a reasonable opportunity to respond.
 1322         Section 11. Subsection (3) of section 409.259, Florida
 1323  Statutes, is amended to read:
 1324         409.259 Filing fees in Title IV-D cases; electronic filing
 1325  of pleadings, returns of service, and other papers.—
 1326         (3) The clerks of the circuit court, chief judges through
 1327  the Office of the State Courts Administrator, sheriffs, Office
 1328  of the Attorney General, and Department of Revenue shall work
 1329  cooperatively to implement electronic filing of pleadings,
 1330  returns of service, and other papers with the clerks of the
 1331  circuit court in Title IV-D cases upon completion of the Child
 1332  Support Automated Management System II by October 1, 2009.
 1333         Section 12. Paragraph (a) of subsection (20) of section
 1334  409.910, Florida Statutes, is amended to read:
 1335         409.910 Responsibility for payments on behalf of Medicaid
 1336  eligible persons when other parties are liable.—
 1337         (20) Entities providing health insurance as defined in s.
 1338  624.603, health maintenance organizations and prepaid health
 1339  clinics as defined in chapter 641, and, on behalf of their
 1340  clients, third-party administrators and pharmacy benefits
 1341  managers as defined in s. 409.901(27) shall provide such records
 1342  and information as are necessary to accomplish the purpose of
 1343  this section, unless such requirement results in an unreasonable
 1344  burden.
 1345         (a) The director of the agency and the Director of the
 1346  Office of Insurance Regulation of the Financial Services
 1347  Commission shall enter into a cooperative agreement for
 1348  requesting and obtaining information necessary to effect the
 1349  purpose and objective of this section.
 1350         1. The agency shall request only that information necessary
 1351  to determine whether health insurance as defined pursuant to s.
 1352  624.603, or those health services provided pursuant to chapter
 1353  641, could be, should be, or have been claimed and paid with
 1354  respect to items of medical care and services furnished to any
 1355  person eligible for services under this section.
 1356         2. All information obtained pursuant to subparagraph 1. is
 1357  confidential and exempt from s. 119.07(1). The agency shall
 1358  provide the information obtained pursuant to subparagraph 1. to
 1359  the Department of Revenue for purposes of administering the
 1360  state Title IV-D program. The agency and the Department of
 1361  Revenue shall enter into a cooperative agreement for purposes of
 1362  implementing this requirement.
 1363         3. The cooperative agreement or rules adopted under this
 1364  subsection may include financial arrangements to reimburse the
 1365  reporting entities for reasonable costs or a portion thereof
 1366  incurred in furnishing the requested information. Neither the
 1367  cooperative agreement nor the rules shall require the automation
 1368  of manual processes to provide the requested information.
 1369         Section 13. Subsection (7) of section 414.095, Florida
 1370  Statutes, is amended to read:
 1371         414.095 Determining eligibility for temporary cash
 1372  assistance.—
 1373         (7) ASSIGNMENT OF RIGHTS TO SUPPORT.—As a condition of
 1374  receiving temporary cash assistance, the family must assign to
 1375  the Department of Revenue any rights a member of a family may
 1376  have to support from any other person. This applies to any
 1377  family member; however, the assigned amounts must not exceed the
 1378  total amount of temporary cash assistance provided to the
 1379  family. The assignment of support does not apply if the family
 1380  leaves the program.
 1381         Section 14. Subsection (1) of section 741.01, Florida
 1382  Statutes, is amended to read:
 1383         741.01 County court judge or clerk of the circuit court to
 1384  issue marriage license; fee.—
 1385         (1) Every marriage license shall be issued by a county
 1386  court judge or clerk of the circuit court under his or her hand
 1387  and seal. The county court judge or clerk of the circuit court
 1388  shall issue such license, upon application for the license, if
 1389  there appears to be no impediment to the marriage. An
 1390  application for a marriage license must allow both parties to
 1391  the marriage to state under oath in writing if they are the
 1392  parents of a child born in this state and to identify any such
 1393  child they have in common by name, date of birth, place of
 1394  birth, and, if available, birth certificate number. The name of
 1395  any child recorded by both parties must be transmitted to the
 1396  Department of Health along with the original marriage license
 1397  and endorsements. The county court judge or clerk of the circuit
 1398  court shall collect and receive a fee of $2 for receiving the
 1399  application for the issuance of a marriage license.
 1400         Section 15. Effective November 1, 2010, for the purpose of
 1401  incorporating the amendment made by this act to section
 1402  409.2564, Florida Statutes, in a reference thereto, paragraph
 1403  (c) of subsection (1) of section 61.14, Florida Statutes, is
 1404  reenacted to read:
 1405         61.14 Enforcement and modification of support, maintenance,
 1406  or alimony agreements or orders.—
 1407         (1)
 1408         (c) For each support order reviewed by the department as
 1409  required by s. 409.2564(11), if the amount of the child support
 1410  award under the order differs by at least 10 percent but not
 1411  less than $25 from the amount that would be awarded under s.
 1412  61.30, the department shall seek to have the order modified and
 1413  any modification shall be made without a requirement for proof
 1414  or showing of a change in circumstances.
 1415         Section 16. Effective November 1, 2010, for the purpose of
 1416  incorporating the amendment made by this act to section
 1417  409.2564, Florida Statutes, in a reference thereto, paragraph
 1418  (c) of subsection (1) of section 61.30, Florida Statutes, is
 1419  reenacted to read:
 1420         61.30 Child support guidelines; retroactive child support.—
 1421         (1)
 1422         (c) For each support order reviewed by the department as
 1423  required by s. 409.2564(11), if the amount of the child support
 1424  award under the order differs by at least 10 percent but not
 1425  less than $25 from the amount that would be awarded under s.
 1426  61.30, the department shall seek to have the order modified and
 1427  any modification shall be made without a requirement for proof
 1428  or showing of a change in circumstances.
 1429         Section 17. Except as otherwise expressly provided in this
 1430  act, this act shall take effect upon becoming a law.

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