October 14, 2019
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       CS for CS for CS for SB 694                      First Engrossed
       
       
       
       
       
       
       
       
       2010694e1
       
    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. 382.013,
   14         F.S.; providing that if the mother and father of a
   15         child marry each other at any time after the child’s
   16         birth, the Department of Health shall amend the
   17         certificate with regard to the parents’ marital status
   18         as though the parents were married at the time of
   19         birth; amending s. 382.015, F.S.; requiring the Office
   20         of Vital Statistics in the Department of Health to
   21         prepare and file a new birth certificate that includes
   22         the name of the legal father when a final judgment of
   23         dissolution of marriage requires the former husband to
   24         pay child support for the child; amending s. 382.016,
   25         F.S.; requiring the Office of Vital Statistics to
   26         amend a child’s birth certificate to include the name
   27         of the legal father upon receipt of a marriage license
   28         that identifies the child as a child of the marriage;
   29         amending s. 409.2558, F.S.; requiring the Department
   30         of Revenue to process collected funds that are
   31         determined to be undistributable in a specified
   32         manner; requiring the department to retain as program
   33         income de minimis child support collections under $1;
   34         amending s. 409.256, F.S.; changing the term
   35         “custodian” to “caregiver” and defining the role of
   36         the caregiver; amending s. 409.2563, F.S.; replacing
   37         “caretaker relative” with “caregiver” and defining the
   38         term; 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; conforming cross-references;
   48         requiring the department to review child support
   49         orders in IV-D cases at least once every 3 years;
   50         requiring that the department file a petition to
   51         modify support if the review of a support order
   52         indicates that the order should be modified; amending
   53         s. 409.2567, F.S.; authorizing the Department of
   54         Revenue to seek a specified waiver from the United
   55         States Department of Health and Human Services if the
   56         estimated increase in federal funding to the state
   57         derived from the waiver would exceed any additional
   58         cost to the state; amending s. 409.259, F.S.;
   59         extending the deadline for implementing electronic
   60         filing of pleadings and other documents with the
   61         clerks of court in Title IV-D cases until completion
   62         of the Child Support Automated Management System II;
   63         amending s. 409.910, F.S.; requiring the Agency for
   64         Health Care Administration to obtain health insurance
   65         information from insurers and provide it to the
   66         Department of Revenue for use in Title IV-D child
   67         support cases; requiring both agencies to enter into a
   68         cooperative agreement to implement the requirement;
   69         amending s. 414.095, F.S.; conforming a provision to a
   70         change made by the act; amending s. 741.01, F.S.;
   71         requiring an application for a marriage license to
   72         allow both parties to the marriage to state under oath
   73         in writing if they are the parents of a child born in
   74         this state and to identify any such child they have in
   75         common; reenacting ss. 61.14(1)(c) and 61.30(1)(c),
   76         F.S., relating to the enforcement and modification of
   77         support, maintenance, or alimony agreements or orders
   78         and the child support guidelines, respectively, to
   79         incorporate the amendments made to s. 409.2564, F.S.,
   80         in references thereto; providing effective dates.
   81  
   82  Be It Enacted by the Legislature of the State of Florida:
   83  
   84         Section 1. Paragraphs (b) and (d) of subsection (1) of
   85  section 61.13, Florida Statutes, are amended to read:
   86         61.13 Support of children; parenting and time-sharing;
   87  powers of court.—
   88         (1)
   89         (b) Each order for support shall contain a provision for
   90  health insurance for the minor child when health insurance is
   91  reasonable in cost and accessible to the child. Health insurance
   92  is presumed to be reasonable in cost if the incremental cost of
   93  adding health insurance for the child or children does not
   94  exceed 5 percent of the gross income, as defined in s. 61.30, of
   95  the parent responsible for providing health insurance. Health
   96  insurance is accessible to the child if the health insurance is
   97  available to be used in the county of the child’s primary
   98  residence or in another county if the parent who has the most
   99  time under the time-sharing plan agrees. If the time-sharing
  100  plan provides for equal time-sharing, health insurance is
  101  accessible to the child if the health insurance is available to
  102  be used in either county where the child resides or in another
  103  county if both parents agree. The court may require the obligor
  104  to provide health insurance or to reimburse the obligee for the
  105  cost of health insurance for the minor child when insurance is
  106  provided by the obligee. The presumption of reasonable cost may
  107  be rebutted by evidence of any of the factors in s.
  108  61.30(11)(a). The court may deviate from what is presumed
  109  reasonable in cost only upon a written finding explaining its
  110  determination why ordering or not ordering the provision of
  111  health insurance or the reimbursement of the obligee’s cost for
  112  providing health insurance for the minor child would be unjust
  113  or inappropriate. In any event, the court shall apportion the
  114  cost of health insurance, and any noncovered medical, dental,
  115  and prescription medication expenses of the child, to both
  116  parties by adding the cost to the basic obligation determined
  117  pursuant to s. 61.30(6). The court may order that payment of
  118  noncovered medical, dental, and prescription medication expenses
  119  of the minor child be made directly to the obligee on a
  120  percentage basis. In a proceeding for medical support only, each
  121  parent’s share of the child’s health insurance and noncovered
  122  medical expenses shall equal the parent’s percentage share of
  123  the combined net income of the parents. The percentage share
  124  shall be calculated by dividing each parent’s net monthly income
  125  by the combined monthly net income of both parents. Net income
  126  is calculated as specified by s. 61.30(3) and (4).
  127         1. In a non-Title IV-D case, a copy of the court order for
  128  health insurance shall be served on the obligor’s union or
  129  employer by the obligee when the following conditions are met:
  130         a. The obligor fails to provide written proof to the
  131  obligee within 30 days after receiving effective notice of the
  132  court order that the health insurance has been obtained or that
  133  application for health insurance has been made;
  134         b. The obligee serves written notice of intent to enforce
  135  an order for health insurance on the obligor by mail at the
  136  obligor’s last known address; and
  137         c. The obligor fails within 15 days after the mailing of
  138  the notice to provide written proof to the obligee that the
  139  health insurance existed as of the date of mailing.
  140         2.a. A support order enforced under Title IV-D of the
  141  Social Security Act which requires that the obligor provide
  142  health insurance is enforceable by the department through the
  143  use of the national medical support notice, and an amendment to
  144  the support order is not required. The department shall transfer
  145  the national medical support notice to the obligor’s union or
  146  employer. The department shall notify the obligor in writing
  147  that the notice has been sent to the obligor’s union or
  148  employer, and the written notification must include the
  149  obligor’s rights and duties under the national medical support
  150  notice. The obligor may contest the withholding required by the
  151  national medical support notice based on a mistake of fact. To
  152  contest the withholding, the obligor must file a written notice
  153  of contest with the department within 15 business days after the
  154  date the obligor receives written notification of the national
  155  medical support notice from the department. Filing with the
  156  department is complete when the notice is received by the person
  157  designated by the department in the written notification. The
  158  notice of contest must be in the form prescribed by the
  159  department. Upon the timely filing of a notice of contest, the
  160  department shall, within 5 business days, schedule an informal
  161  conference with the obligor to discuss the obligor’s factual
  162  dispute. If the informal conference resolves the dispute to the
  163  obligor’s satisfaction or if the obligor fails to attend the
  164  informal conference, the notice of contest is deemed withdrawn.
  165  If the informal conference does not resolve the dispute, the
  166  obligor may request an administrative hearing under chapter 120
  167  within 5 business days after the termination of the informal
  168  conference, in a form and manner prescribed by the department.
  169  However, the filing of a notice of contest by the obligor does
  170  not delay the withholding of premium payments by the union,
  171  employer, or health plan administrator. The union, employer, or
  172  health plan administrator must implement the withholding as
  173  directed by the national medical support notice unless notified
  174  by the department that the national medical support notice is
  175  terminated.
  176         b. In a Title IV-D case, the department shall notify an
  177  obligor’s union or employer if the obligation to provide health
  178  insurance through that union or employer is terminated.
  179         3. In a non-Title IV-D case, upon receipt of the order
  180  pursuant to subparagraph 1., or upon application of the obligor
  181  pursuant to the order, the union or employer shall enroll the
  182  minor child as a beneficiary in the group health plan regardless
  183  of any restrictions on the enrollment period and withhold any
  184  required premium from the obligor’s income. If more than one
  185  plan is offered by the union or employer, the child shall be
  186  enrolled in the group health plan in which the obligor is
  187  enrolled.
  188         4.a. Upon receipt of the national medical support notice
  189  under subparagraph 2. in a Title IV-D case, the union or
  190  employer shall transfer the notice to the appropriate group
  191  health plan administrator within 20 business days after the date
  192  on the notice. The plan administrator must enroll the child as a
  193  beneficiary in the group health plan regardless of any
  194  restrictions on the enrollment period, and the union or employer
  195  must withhold any required premium from the obligor’s income
  196  upon notification by the plan administrator that the child is
  197  enrolled. The child shall be enrolled in the group health plan
  198  in which the obligor is enrolled. If the group health plan in
  199  which the obligor is enrolled is not available where the child
  200  resides or if the obligor is not enrolled in group coverage, the
  201  child shall be enrolled in the lowest cost group health plan
  202  that is accessible to the child.
  203         b. If health insurance or the obligor’s employment is
  204  terminated in a Title IV-D case, the union or employer that is
  205  withholding premiums for health insurance under a national
  206  medical support notice must notify the department within 20 days
  207  after the termination and provide the obligor’s last known
  208  address and the name and address of the obligor’s new employer,
  209  if known.
  210         5.a. The amount withheld by a union or employer in
  211  compliance with a support order may not exceed the amount
  212  allowed under s. 303(b) of the Consumer Credit Protection Act,
  213  15 U.S.C. s. 1673(b), as amended. The union or employer shall
  214  withhold the maximum allowed by the Consumer Credit Protection
  215  Act in the following order:
  216         (I) Current support, as ordered.
  217         (II) Premium payments for health insurance, as ordered.
  218         (III) Past due support, as ordered.
  219         (IV) Other medical support or insurance, as ordered.
  220         b. If the combined amount to be withheld for current
  221  support plus the premium payment for health insurance exceed the
  222  amount allowed under the Consumer Credit Protection Act, and the
  223  health insurance cannot be obtained unless the full amount of
  224  the premium is paid, the union or employer may not withhold the
  225  premium payment. However, the union or employer shall withhold
  226  the maximum allowed in the following order:
  227         (I) Current support, as ordered.
  228         (II) Past due support, as ordered.
  229         (III) Other medical support or insurance, as ordered.
  230         6. An employer, union, or plan administrator who does not
  231  comply with the requirements in sub-subparagraph 4.a. is subject
  232  to a civil penalty not to exceed $250 for the first violation
  233  and $500 for subsequent violations, plus attorney’s fees and
  234  costs. The department may file a petition in circuit court to
  235  enforce the requirements of this subparagraph.
  236         7. The department may adopt rules to administer the child
  237  support enforcement provisions of this section that affect Title
  238  IV-D cases.
  239         (d)1. All child support orders shall provide the full name
  240  and date of birth of each minor child who is the subject of the
  241  child support order.
  242         2. If both parties request and the court finds that it is
  243  in the best interest of the child, support payments need not be
  244  subject to immediate income deduction. Support orders that are
  245  not subject to immediate income deduction may be directed
  246  through the depository under s. 61.181 or made payable directly
  247  to the obligee. Payments made by for all support orders that
  248  provide for immediate income deduction shall be made to the
  249  State Disbursement Unit. The court shall provide a copy of the
  250  order to the depository.
  251         3. For support orders payable directly to the obligee that
  252  do not provide for immediate income deduction, any party, or the
  253  department IV-D agency in a IV-D case, may subsequently file an
  254  affidavit with the depository State Disbursement Unit alleging a
  255  default in payment of child support and stating that the party
  256  wishes to require that payments be made through the depository
  257  State Disbursement Unit. The party shall provide copies of the
  258  affidavit to the court and to each other party. Fifteen days
  259  after receipt of the affidavit, the depository State
  260  Disbursement Unit shall notify all parties that future payments
  261  shall be paid through the depository, except that income
  262  deduction payments shall be made to the State Disbursement Unit.
  263         Section 2. Effective July 1, 2010, subsection (15) of
  264  section 61.30, Florida Statutes, is amended to read:
  265         61.30 Child support guidelines; retroactive child support.—
  266         (15) For purposes of establishing an obligation for support
  267  in accordance with this section, if a person who is receiving
  268  public assistance is found to be noncooperative as defined in s.
  269  409.2572, the department may IV-D agency is authorized to submit
  270  to the court an affidavit or written declaration signed under
  271  penalty of perjury as specified in s. 92.525(2) attesting to the
  272  income of that parent based upon information available to the
  273  department IV-D agency.
  274         Section 3. Subsection (2) of section 382.013, Florida
  275  Statutes, is amended to read:
  276         382.013 Birth registration.—A certificate for each live
  277  birth that occurs in this state shall be filed within 5 days
  278  after such birth with the local registrar of the district in
  279  which the birth occurred and shall be registered by the local
  280  registrar if the certificate has been completed and filed in
  281  accordance with this chapter and adopted rules. The information
  282  regarding registered births shall be used for comparison with
  283  information in the state case registry, as defined in chapter
  284  61.
  285         (2) PATERNITY.—
  286         (a) If the mother is married at the time of birth, the name
  287  of the husband shall be entered on the birth certificate as the
  288  father of the child, unless paternity has been determined
  289  otherwise by a court of competent jurisdiction.
  290         (b) Notwithstanding paragraph (a), if the husband of the
  291  mother dies while the mother is pregnant but before the birth of
  292  the child, the name of the deceased husband shall be entered on
  293  the birth certificate as the father of the child, unless
  294  paternity has been determined otherwise by a court of competent
  295  jurisdiction.
  296         (c) If the mother is not married at the time of the birth,
  297  the name of the father may not be entered on the birth
  298  certificate without the execution of an affidavit signed by both
  299  the mother and the person to be named as the father. The
  300  facility shall give notice orally or through the use of video or
  301  audio equipment, and in writing, of the alternatives to, the
  302  legal consequences of, and the rights, including, if one parent
  303  is a minor, any rights afforded due to minority status, and
  304  responsibilities that arise from signing an acknowledgment of
  305  paternity, as well as information provided by the Title IV-D
  306  agency established pursuant to s. 409.2557, regarding the
  307  benefits of voluntary establishment of paternity. Upon request
  308  of the mother and the person to be named as the father, the
  309  facility shall assist in the execution of the affidavit, a
  310  notarized voluntary acknowledgment of paternity, or a voluntary
  311  acknowledgment of paternity that is witnessed by two individuals
  312  and signed under penalty of perjury as specified by s.
  313  92.525(2).
  314         (d) If the paternity of the child is determined by a court
  315  of competent jurisdiction as provided under s. 382.015 or there
  316  is a final judgment of dissolution of marriage which requires
  317  the former husband to pay child support for the child, the name
  318  of the father and the surname of the child shall be entered on
  319  the certificate in accordance with the finding and order of the
  320  court. If the court fails to specify a surname for the child,
  321  the surname shall be entered in accordance with subsection (3).
  322         (e) If the paternity of the child is determined pursuant to
  323  s. 409.256, the name of the father and the surname of the child
  324  shall be entered on the certificate in accordance with the
  325  finding and order of the Department of Revenue.
  326         (f) If the mother and father marry each other at any time
  327  after the child’s birth, upon receipt of a marriage license that
  328  identifies any such child, the department shall amend the
  329  certificate with regard to the parents’ marital status as though
  330  the parents were married at the time of birth.
  331         (g)(f) If the father is not named on the certificate, no
  332  other information about the father shall be entered on the
  333  certificate.
  334         Section 4. Subsection (2) of section 382.015, Florida
  335  Statutes, is amended to read:
  336         382.015 New certificates of live birth; duty of clerks of
  337  court and department.—The clerk of the court in which any
  338  proceeding for adoption, annulment of an adoption, affirmation
  339  of parental status, or determination of paternity is to be
  340  registered, shall within 30 days after the final disposition,
  341  forward to the department a certified copy of the court order,
  342  or a report of the proceedings upon a form to be furnished by
  343  the department, together with sufficient information to identify
  344  the original birth certificate and to enable the preparation of
  345  a new birth certificate. The clerk of the court shall implement
  346  a monitoring and quality control plan to ensure that all
  347  judicial determinations of paternity are reported to the
  348  department in compliance with this section. The department shall
  349  track paternity determinations reported monthly by county,
  350  monitor compliance with the 30-day timeframe, and report the
  351  data to the clerks of the court quarterly.
  352         (2) DETERMINATION OF PATERNITY.—Upon receipt of the report,
  353  or a certified copy of a final decree of determination of
  354  paternity, or a certified copy of a final judgment of
  355  dissolution of marriage which requires the former husband to pay
  356  child support for the child, together with sufficient
  357  information to identify the original certificate of live birth,
  358  the department shall prepare and file a new birth certificate,
  359  which shall bear the same file number as the original birth
  360  certificate. The registrant’s name shall be entered as decreed
  361  by the court or as reflected in the final judgment or support
  362  order. The names and identifying information of the parents
  363  shall be entered as of the date of the registrant’s birth.
  364         Section 5. Paragraph (b) of subsection (1) of section
  365  382.016, Florida Statutes, is amended to read:
  366         382.016 Amendment of records.—The department, upon receipt
  367  of the fee prescribed in s. 382.0255; documentary evidence, as
  368  specified by rule, of any misstatement, error, or omission
  369  occurring in any birth, death, or fetal death record; and an
  370  affidavit setting forth the changes to be made, shall amend or
  371  replace the original certificate as necessary.
  372         (1) CERTIFICATE OF LIVE BIRTH AMENDMENT.—
  373         (b) Upon written request and receipt of an affidavit, a
  374  notarized voluntary acknowledgment of paternity signed by the
  375  mother and father acknowledging the paternity of a registrant
  376  born out of wedlock, or a voluntary acknowledgment of paternity
  377  that is witnessed by two individuals and signed under penalty of
  378  perjury as specified by s. 92.525(2), together with sufficient
  379  information to identify the original certificate of live birth,
  380  the department shall prepare a new birth certificate, which
  381  shall bear the same file number as the original birth
  382  certificate. The names and identifying information of the
  383  parents shall be entered as of the date of the registrant’s
  384  birth. The surname of the registrant may be changed from that
  385  shown on the original birth certificate at the request of the
  386  mother and father of the registrant, or the registrant if of
  387  legal age. If the mother and father marry each other at any time
  388  after the registrant’s birth, the department shall, upon receipt
  389  of a marriage license that identifies the registrant, or upon
  390  the request of the mother and father or registrant if of legal
  391  age and proof of the marriage, amend the certificate with regard
  392  to the parents’ marital status as though the parents were
  393  married at the time of birth. The department shall substitute
  394  the new certificate of birth for the original certificate on
  395  file. All copies of the original certificate of live birth in
  396  the custody of a local registrar or other state custodian of
  397  vital records shall be forwarded to the State Registrar.
  398  Thereafter, when a certified copy of the certificate of birth or
  399  portion thereof is issued, it shall be a copy of the new
  400  certificate of birth or portion thereof, except when a court
  401  order requires issuance of a certified copy of the original
  402  certificate of birth. Except for a birth certificate on which a
  403  father is listed pursuant to an affidavit, a notarized voluntary
  404  acknowledgment of paternity signed by the mother and father
  405  acknowledging the paternity of a registrant born out of wedlock,
  406  or a voluntary acknowledgment of paternity that is witnessed by
  407  two individuals and signed under penalty of perjury as specified
  408  by s. 92.525(2), the department shall place the original
  409  certificate of birth and all papers pertaining thereto under
  410  seal, not to be broken except by order of a court of competent
  411  jurisdiction or as otherwise provided by law.
  412         Section 6. Effective July 1, 2010, subsection (3) of
  413  section 409.2558, Florida Statutes, is amended to read:
  414         409.2558 Support distribution and disbursement.—
  415         (3) UNDISTRIBUTABLE COLLECTIONS.—
  416         (a) The department shall establish by rule the method for
  417  determining a collection or refund to be undistributable to the
  418  final intended recipient. Before determining a collection or
  419  refund to be undistributable, the department shall make
  420  reasonable efforts to locate persons to whom collections or
  421  refunds are owed so that payment can be made. Location efforts
  422  may include disclosure through a searchable database of the
  423  names of obligees, obligors, and depository account numbers on
  424  the Internet in compliance with the requirements of s.
  425  119.01(2)(a).
  426         (b) Collections that are determined to be undistributable
  427  shall be processed in the following order of priority:
  428         1.Apply the payment to any financial liability incurred by
  429  the obligor as a result of a previous payment returned to the
  430  department for insufficient funds; then
  431         2.Apply the payment to any financial liability incurred by
  432  the obligor as a result of an overpayment to the obligor which
  433  the obligor has failed to return to the department after notice;
  434  then
  435         3.Apply the payment to any financial liability incurred by
  436  the obligee as a result of an overpayment to the obligee which
  437  the obligee has failed to return to the department after notice;
  438  then
  439         4.1. Apply the payment to any assigned arrears on the
  440  obligee’s case; then
  441         5.2. Apply the payment to any administrative costs ordered
  442  by the court pursuant to s. 409.2567 associated with the
  443  obligee’s case; then
  444         6.3. When the obligor is subject to a valid order to
  445  support another child in a case with a different obligee and the
  446  obligation is being enforced by the department, the department
  447  shall send by certified mail, restricted delivery, return
  448  receipt requested, to the obligor at the most recent address
  449  provided by the obligor to the tribunal that issued the order, a
  450  notice stating the department’s intention to apply the payment
  451  pursuant to this subparagraph, and advising the obligor of the
  452  right to contest the department’s proposed action in the circuit
  453  court by filing and serving a petition on the department within
  454  30 days after the mailing of the notice. If the obligor does not
  455  file and serve a petition within the 30 days after mailing of
  456  the notice, or upon a disposition of the judicial action
  457  favorable to the department, the department shall apply the
  458  payment toward his or her other support obligation. If there is
  459  more than one such other case, the department shall allocate the
  460  remaining undistributable amount as specified by s.
  461  61.1301(4)(c); then
  462         7.4. Return the payment to the obligor; then
  463         8.5. If the obligor cannot be located after diligent
  464  efforts by the department, the federal share of the payment
  465  shall be credited to the Federal Government and the state share
  466  shall be transferred to the General Revenue Fund.
  467         (c) Refunds to obligors that are determined to be
  468  undistributable shall be processed in the following manner:
  469         1. The federal share of the refund shall be sent to the
  470  Federal Government.
  471         2. The state share shall be credited to the General Revenue
  472  Fund.
  473         (d)If a payment of less than $1 is made by a paper check
  474  on an open Title IV-D case and the payment is not cashed after
  475  180 days, or if less than $1 is owed on a closed Title IV-D
  476  case, the department shall declare the payment as program
  477  income, crediting the federal share of the payment to the
  478  Federal Government and the state share of the payment to the
  479  General Revenue Fund, without attempting to locate either party.
  480         Section 7. Section 409.256, Florida Statutes, is amended to
  481  read:
  482         409.256 Administrative proceeding to establish paternity or
  483  paternity and child support; order to appear for genetic
  484  testing.—
  485         (1) DEFINITIONS.—As used in this section, the term:
  486         (a) “Another state” or “other state” means a state of the
  487  United States, the District of Columbia, Puerto Rico, the United
  488  States Virgin Islands, or any territory or insular possession
  489  subject to the jurisdiction of the United States. The term
  490  includes:
  491         1. An Indian tribe.
  492         2. A foreign jurisdiction that has enacted a law or
  493  established procedures for issuance and enforcement of support
  494  orders which are substantially similar to the procedures under
  495  this act, the Uniform Reciprocal Enforcement of Support Act, or
  496  the Revised Uniform Reciprocal Enforcement of Support Act, as
  497  determined by the Attorney General.
  498         (b) “Caregiver” “Custodian” means a person, other than the
  499  mother, father, or a putative father, who has physical custody
  500  of a child or with whom the child primarily resides. References
  501  in this section to the obligation of a caregiver custodian to
  502  submit to genetic testing mean that the caregiver custodian is
  503  obligated to submit the child for genetic testing, not that the
  504  caregiver custodian must submit to genetic testing.
  505         (c) “Filed” means a document has been received and accepted
  506  for filing at the offices of the Department of Revenue by the
  507  clerk or an authorized deputy clerk designated by the
  508  department.
  509         (d) “Genetic testing” means a scientific analysis of
  510  genetic markers which that is performed by a qualified technical
  511  laboratory only to exclude an individual as the parent of a
  512  child or to show a probability of paternity.
  513         (e) “Paternity and child support proceeding” means an
  514  administrative action commenced by the Department of Revenue to
  515  order genetic testing, establish paternity, and establish an
  516  administrative support order pursuant to this section.
  517         (f) “Paternity proceeding” means an administrative action
  518  commenced by the Department of Revenue to order genetic testing
  519  and establish paternity pursuant to this section.
  520         (g) “Putative father” means an individual who is or may be
  521  the biological father of a child whose paternity has not been
  522  established and whose mother was unmarried when the child was
  523  conceived and born.
  524         (h) “Qualified technical laboratory” means a genetic
  525  testing laboratory that may be under contract with the
  526  Department of Revenue, that uses tests and methods of a type
  527  generally acknowledged as reliable by accreditation
  528  organizations recognized by the United States Department of
  529  Health and Human Services, and that is approved by such an
  530  accreditation organization. The term includes a genetic-testing
  531  laboratory used by another state, if the laboratory has
  532  comparable qualifications.
  533         (i) “Rendered” means that a signed written order is filed
  534  with the clerk or a deputy clerk of the Department of Revenue
  535  and served on the respondent. The date of filing must be
  536  indicated on the face of the order at the time of rendition.
  537         (j) “Respondent” means the person or persons served by the
  538  Department of Revenue with a notice of proceeding pursuant to
  539  subsection (4). The term includes the putative father and may
  540  include the mother or the caregiver custodian of the child.
  541         (k) “This state” or “the state” means the State of Florida.
  542         (2) JURISDICTION; LOCATION OF HEARINGS; RIGHT OF ACCESS TO
  543  THE COURTS.—
  544         (a) The department of Revenue may commence a paternity
  545  proceeding or a paternity and child support proceeding as
  546  provided in subsection (4) if:
  547         1. The child’s paternity has not been established.
  548         2. No one is named as the father on the child’s birth
  549  certificate or the person named as the father is the putative
  550  father named in an affidavit or a written declaration as
  551  provided in subparagraph 5.
  552         3. The child’s mother was unmarried when the child was
  553  conceived and born.
  554         4. The department of Revenue is providing services under
  555  Title IV-D.
  556         5. The child’s mother or a putative father has stated in an
  557  affidavit, or in a written declaration as provided in s.
  558  92.525(2), that the putative father is or may be the child’s
  559  biological father. The affidavit or written declaration must set
  560  forth the factual basis for the allegation of paternity as
  561  provided in s. 742.12(2).
  562         (b) If the department of Revenue receives a request from
  563  another state to assist in the establishment of paternity, the
  564  department may serve an order to appear for genetic testing on a
  565  person who resides in this state and transmit the test results
  566  to the other state without commencing a paternity proceeding in
  567  this state.
  568         (c) The department of Revenue may use the procedures
  569  authorized by this section against a nonresident over whom this
  570  state may assert personal jurisdiction under chapter 48 or
  571  chapter 88.
  572         (d) If a putative father, mother, or caregiver custodian in
  573  a Title IV-D case voluntarily submits to genetic testing, the
  574  department of Revenue may schedule that individual or the child
  575  for genetic testing without serving that individual with an
  576  order to appear for genetic testing. A respondent or other
  577  person who is subject to an order to appear for genetic testing
  578  may waive, in writing or on the record at an administrative
  579  hearing, formal service of notices or orders or waive any other
  580  rights or time periods prescribed by this section.
  581         (e) Whenever practicable, hearings held by the Division of
  582  Administrative Hearings pursuant to this section shall be held
  583  in the judicial circuit where the person receiving services
  584  under Title IV-D resides or, if the person receiving services
  585  under Title IV-D does not reside in this state, in the judicial
  586  circuit where the respondent resides. If the department of
  587  Revenue and the respondent agree, the hearing may be held in
  588  another location. If ordered by the administrative law judge,
  589  the hearing may be conducted telephonically or by
  590  videoconference.
  591         (f) The Legislature does not intend to limit the
  592  jurisdiction of the circuit courts to hear and determine issues
  593  regarding establishment of paternity. This section is intended
  594  to provide the department of Revenue with an alternative
  595  procedure for establishing paternity and child support
  596  obligations in Title IV-D cases. This section does not prohibit
  597  a person who has standing from filing a civil action in circuit
  598  court for a determination of paternity or of child support
  599  obligations.
  600         (g) Section 409.2563(2)(e), (f), and (g) apply to a
  601  proceeding under this section.
  602         (3) MULTIPLE PUTATIVE FATHERS; MULTIPLE CHILDREN.—If more
  603  than one putative father has been named, the department of
  604  Revenue may proceed under this section against a single putative
  605  father or may proceed simultaneously against more than one
  606  putative father. If a putative father has been named as a
  607  possible father of more than one child born to the same mother,
  608  the department may proceed to establish the paternity of each
  609  child in the same proceeding.
  610         (4) NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR
  611  PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC
  612  TESTING; MANNER OF SERVICE; CONTENTS.—The Department of Revenue
  613  shall commence a proceeding to determine paternity, or a
  614  proceeding to determine both paternity and child support, by
  615  serving the respondent with a notice as provided in this
  616  section. An order to appear for genetic testing may be served at
  617  the same time as a notice of the proceeding or may be served
  618  separately. A copy of the affidavit or written declaration upon
  619  which the proceeding is based shall be provided to the
  620  respondent when notice is served. A notice or order to appear
  621  for genetic testing shall be served by certified mail,
  622  restricted delivery, return receipt requested, or in accordance
  623  with the requirements for service of process in a civil action.
  624  Service by certified mail is completed when the certified mail
  625  is received or refused by the addressee or by an authorized
  626  agent as designated by the addressee in writing. If a person
  627  other than the addressee signs the return receipt, the
  628  department shall attempt to reach the addressee by telephone to
  629  confirm whether the notice was received, and the department
  630  shall document any telephonic communications. If someone other
  631  than the addressee signs the return receipt, the addressee does
  632  not respond to the notice, and the department is unable to
  633  confirm that the addressee has received the notice, service is
  634  not completed and the department shall attempt to have the
  635  addressee served personally. For purposes of this section, an
  636  employee or an authorized agent of the department may serve the
  637  notice or order to appear for genetic testing and execute an
  638  affidavit of service. The department may serve an order to
  639  appear for genetic testing on a caregiver custodian. The
  640  department shall provide a copy of the notice or order to appear
  641  by regular mail to the mother and caregiver custodian, if they
  642  are not respondents.
  643         (a) A notice of proceeding to establish paternity must
  644  state:
  645         1. That the department has commenced an administrative
  646  proceeding to establish whether the putative father is the
  647  biological father of the child named in the notice.
  648         2. The name and date of birth of the child and the name of
  649  the child’s mother.
  650         3. That the putative father has been named in an affidavit
  651  or written declaration that states the putative father is or may
  652  be the child’s biological father.
  653         4. That the respondent is required to submit to genetic
  654  testing.
  655         5. That genetic testing will establish either a high degree
  656  of probability that the putative father is the biological father
  657  of the child or that the putative father cannot be the
  658  biological father of the child.
  659         6. That if the results of the genetic test do not indicate
  660  a statistical probability of paternity that equals or exceeds 99
  661  percent, the paternity proceeding in connection with that child
  662  shall cease unless a second or subsequent test is required.
  663         7. That if the results of the genetic test indicate a
  664  statistical probability of paternity that equals or exceeds 99
  665  percent, the department may:
  666         a. Issue a proposed order of paternity that the respondent
  667  may consent to or contest at an administrative hearing; or
  668         b. Commence a proceeding, as provided in s. 409.2563, to
  669  establish an administrative support order for the child. Notice
  670  of the proceeding shall be provided to the respondent by regular
  671  mail.
  672         8. That, if the genetic test results indicate a statistical
  673  probability of paternity that equals or exceeds 99 percent and a
  674  proceeding to establish an administrative support order is
  675  commenced, the department shall issue a proposed order that
  676  addresses paternity and child support. The respondent may
  677  consent to or contest the proposed order at an administrative
  678  hearing.
  679         9. That if a proposed order of paternity or proposed order
  680  of both paternity and child support is not contested, the
  681  department shall adopt the proposed order and render a final
  682  order that establishes paternity and, if appropriate, an
  683  administrative support order for the child.
  684         10. That, until the proceeding is ended, the respondent
  685  shall notify the department in writing of any change in the
  686  respondent’s mailing address and that the respondent shall be
  687  deemed to have received any subsequent order, notice, or other
  688  paper mailed to the most recent address provided or, if a more
  689  recent address is not provided, to the address at which the
  690  respondent was served, and that this requirement continues if
  691  the department renders a final order that establishes paternity
  692  and a support order for the child.
  693         11. That the respondent may file an action in circuit court
  694  for a determination of paternity, child support obligations, or
  695  both.
  696         12. That if the respondent files an action in circuit court
  697  and serves the department with a copy of the petition or
  698  complaint within 20 days after being served notice under this
  699  subsection, the administrative process ends without prejudice
  700  and the action must proceed in circuit court.
  701         13. That, if paternity is established, the putative father
  702  may file a petition in circuit court for a determination of
  703  matters relating to custody and rights of parental contact.
  704  
  705  A notice under this paragraph must also notify the respondent of
  706  the provisions in s. 409.2563(4)(m) and (o).
  707         (b) A notice of proceeding to establish paternity and child
  708  support must state the requirements of paragraph (a), except for
  709  subparagraph (a)7., and must state the requirements of s.
  710  409.2563(4), to the extent that the requirements of s.
  711  409.2563(4) are not already required by and do not conflict with
  712  this subsection. This section and s. 409.2563 apply to a
  713  proceeding commenced under this subsection.
  714         (c) The order to appear for genetic testing shall inform
  715  the person ordered to appear:
  716         1. That the department has commenced an administrative
  717  proceeding to establish whether the putative father is the
  718  biological father of the child.
  719         2. The name and date of birth of the child and the name of
  720  the child’s mother.
  721         3. That the putative father has been named in an affidavit
  722  or written declaration that states the putative father is or may
  723  be the child’s biological father.
  724         4. The date, time, and place that the person ordered to
  725  appear must appear to provide a sample for genetic testing.
  726         5. That if the person has custody of the child whose
  727  paternity is the subject of the proceeding, the person must
  728  submit the child for genetic testing.
  729         6. That when the samples are provided, the person ordered
  730  to appear shall verify his or her identity and the identity of
  731  the child, if applicable, by presenting a form of identification
  732  as prescribed by s. 117.05(5)(b)2. which that bears the
  733  photograph of the person who is providing the sample or other
  734  form of verification approved by the department.
  735         7. That if the person ordered to appear submits to genetic
  736  testing, the department shall pay the cost of the genetic
  737  testing and shall provide the person ordered to appear with a
  738  copy of any test results obtained.
  739         8. That if the person ordered to appear does not appear as
  740  ordered or refuses to submit to genetic testing without good
  741  cause, the department may take one or more of the following
  742  actions:
  743         a. Commence proceedings to suspend the driver’s license and
  744  motor vehicle registration of the person ordered to appear, as
  745  provided in s. 61.13016;
  746         b. Impose an administrative fine against the person ordered
  747  to appear in the amount of $500; or
  748         c. File a petition in circuit court to establish paternity
  749  and obtain a support order for the child and an order for costs
  750  against the person ordered to appear, including costs for
  751  genetic testing.
  752         9. That the person ordered to appear may contest the order
  753  by filing a written request for informal review within 15 days
  754  after the date of service of the order, with further rights to
  755  an administrative hearing following the informal review.
  756         (d) If the putative father is incarcerated, the
  757  correctional facility shall assist the putative father in
  758  complying with an administrative order to appear for genetic
  759  testing issued under this section.
  760         (e) An administrative order to appear for genetic testing
  761  has the same force and effect as a court order.
  762         (5) RIGHT TO CONTEST ORDER TO APPEAR FOR GENETIC TESTING.—
  763         (a) The person ordered to appear may contest an order to
  764  appear for genetic testing by filing a written request for
  765  informal review with the department of Revenue within 15 days
  766  after the date of service of the order. The purpose of the
  767  informal review is to provide the person ordered to appear with
  768  an opportunity to discuss the proceedings and the basis of the
  769  order. At the conclusion of the informal review, the department
  770  shall notify the person ordered to appear, in writing, whether
  771  it intends to proceed with the order to appear. If the
  772  department notifies the person ordered to appear of its intent
  773  to proceed, the notice must inform the person ordered to appear
  774  of the right to contest the order at an administrative hearing.
  775         (b) Following an informal review, within 15 days after the
  776  mailing date of the department’s Department of Revenue’s
  777  notification that the department shall proceed with an order to
  778  appear for genetic testing, the person ordered to appear may
  779  file a request for an administrative hearing to contest whether
  780  the person should be required to submit to genetic testing. A
  781  request for an administrative hearing must state the specific
  782  reasons why the person ordered to appear believes he or she
  783  should not be required to submit to genetic testing as ordered.
  784  If the person ordered to appear files a timely request for a
  785  hearing, the department shall refer the hearing request to the
  786  Division of Administrative Hearings. Unless otherwise provided
  787  in this section, administrative hearings are governed by chapter
  788  120 and the uniform rules of procedure. The administrative law
  789  judge assigned to the case shall issue an order as to whether
  790  the person must submit to genetic testing in accordance with the
  791  order to appear. The department or the person ordered to appear
  792  may seek immediate judicial review under s. 120.68 of an order
  793  issued by an administrative law judge pursuant to this
  794  paragraph.
  795         (c) If a timely request for an informal review or an
  796  administrative hearing is filed, the department may not proceed
  797  under the order to appear for genetic testing and may not impose
  798  sanctions for failure or refusal to submit to genetic testing
  799  until:
  800         1. The department has notified the person of its intent to
  801  proceed after informal review, and a timely request for hearing
  802  is not filed;
  803         2. The person ordered to appear withdraws the request for
  804  hearing or informal review; or
  805         3. The Division of Administrative Hearings issues an order
  806  that the person must submit to genetic testing, or issues an
  807  order closing the division’s file, and that an order has become
  808  final.
  809         (d) If a request for an informal review or administrative
  810  hearing is not timely filed, the person ordered to appear is
  811  deemed to have waived the right to a hearing, and the department
  812  may proceed under the order to appear for genetic testing.
  813         (6) SCHEDULING OF GENETIC TESTING.—
  814         (a) The department of Revenue shall notify, in writing, the
  815  person ordered to appear of the date, time, and location of the
  816  appointment for genetic testing and of the requirement to verify
  817  his or her identity and the identity of the child, if
  818  applicable, when the samples are provided by presenting a form
  819  of identification as prescribed in s. 117.05(5)(b)2. which that
  820  bears the photograph of the person who is providing the sample
  821  or other form of verification approved by the department. If the
  822  person ordered to appear is the putative father or the mother,
  823  that person shall appear and submit to genetic testing. If the
  824  person ordered to appear is a caregiver custodian, or if the
  825  putative father or the mother has custody of the child, that
  826  person must submit the child for genetic testing.
  827         (b) The department shall reschedule genetic testing:
  828         1. One time without cause if, in advance of the initial
  829  test date, the person ordered to appear requests the department
  830  to reschedule the test.
  831         2. One time if the person ordered to appear shows good
  832  cause for failure to appear for a scheduled test.
  833         3. One time upon request of a person ordered to appear
  834  against whom sanctions have been imposed as provided in
  835  subsection (7).
  836  
  837  A claim of good cause for failure to appear shall be filed with
  838  the department within 10 days after the scheduled test date and
  839  must state the facts and circumstances supporting the claim. The
  840  department shall notify the person ordered to appear, in
  841  writing, whether it accepts or rejects the person’s claim of
  842  good cause. There is not a separate right to a hearing on the
  843  department’s decision to accept or reject the claim of good
  844  cause because the person ordered to appear may raise good cause
  845  as a defense to any proceeding initiated by the department under
  846  subsection (7).
  847         (c) A person ordered to appear may obtain a second genetic
  848  test by filing a written request for a second test with the
  849  department within 15 days after the date of mailing of the
  850  initial genetic testing results and by paying the department in
  851  advance for the full cost of the second test.
  852         (d) The department may schedule and require a subsequent
  853  genetic test if it has reason to believe the results of the
  854  preceding genetic test may not be reliable.
  855         (e) Except as provided in paragraph (c) and subsection (7),
  856  the department shall pay for the cost of genetic testing ordered
  857  under this section.
  858         (7) FAILURE OR REFUSAL TO SUBMIT TO GENETIC TESTING.—If a
  859  person who is served with an order to appear for genetic testing
  860  fails to appear without good cause or refuses to submit to
  861  testing without good cause, the department may take one or more
  862  of the following actions:
  863         (a) Commence a proceeding to suspend the driver’s license
  864  and motor vehicle registration of the person ordered to appear,
  865  as provided in s. 61.13016;
  866         (b) Impose an administrative fine against the person
  867  ordered to appear in the amount of $500; or
  868         (c) File a petition in circuit court to establish
  869  paternity, obtain a support order for the child, and seek
  870  reimbursement from the person ordered to appear for the full
  871  cost of genetic testing incurred by the department.
  872  
  873  As provided in s. 322.058(2), a suspended driver’s license and
  874  motor vehicle registration may be reinstated when the person
  875  ordered to appear complies with the order to appear for genetic
  876  testing. The department may collect an administrative fine
  877  imposed under this subsection by using civil remedies or other
  878  statutory means available to the department for collecting
  879  support.
  880         (8) GENETIC-TESTING RESULTS.—The department shall send a
  881  copy of the genetic-testing results to the putative father, to
  882  the mother, to the caregiver custodian, and to the other state,
  883  if applicable. If the genetic-testing results, including second
  884  or subsequent genetic-testing results, do not indicate a
  885  statistical probability of paternity that equals or exceeds 99
  886  percent, the paternity proceeding in connection with that child
  887  shall cease.
  888         (9) PROPOSED ORDER OF PATERNITY; COMMENCEMENT OF PROCEEDING
  889  TO ESTABLISH ADMINISTRATIVE SUPPORT ORDER; PROPOSED ORDER OF
  890  PATERNITY AND CHILD SUPPORT.—
  891         (a) If a paternity proceeding has been commenced under this
  892  section and the results of genetic testing indicate a
  893  statistical probability of paternity that equals or exceeds 99
  894  percent, the department of Revenue may:
  895         1. Issue a proposed order of paternity as provided in
  896  paragraph (b); or
  897         2. If appropriate, delay issuing a proposed order of
  898  paternity and commence, by regular mail, an administrative
  899  proceeding to establish a support order for the child pursuant
  900  to s. 409.2563 and issue a single proposed order that addresses
  901  paternity and child support.
  902         (b) A proposed order of paternity must:
  903         1. State proposed findings of fact and conclusions of law.
  904         2. Include a copy of the results of genetic testing.
  905         3. Include notice of the respondent’s right to informal
  906  review and to contest the proposed order of paternity at an
  907  administrative hearing.
  908         (c) If a paternity and child support proceeding has been
  909  commenced under this section and the results of genetic testing
  910  indicate a statistical probability of paternity that equals or
  911  exceeds 99 percent, the department of Revenue may issue a single
  912  proposed order that addresses paternity as provided in this
  913  section and child support as provided in s. 409.2563.
  914         (d) The department of Revenue shall serve a proposed order
  915  issued under this section on the respondent by regular mail and
  916  shall provide a copy by regular mail to the mother or caregiver
  917  custodian if they are not respondents.
  918         (10) INFORMAL REVIEW; ADMINISTRATIVE HEARING; PRESUMPTION
  919  OF PATERNITY.—
  920         (a) Within 10 days after the date of mailing or other
  921  service of a proposed order of paternity, the respondent may
  922  contact a representative of the department of Revenue at the
  923  address or telephone number provided to request an informal
  924  review of the proposed order. If an informal review is timely
  925  requested, the time for requesting a hearing is extended until
  926  10 days after the department mails notice to the respondent that
  927  the informal review has been concluded.
  928         (b) Within 20 days after the mailing date of the proposed
  929  order or within 10 days after the mailing date of notice that an
  930  informal review has been concluded, whichever is later, the
  931  respondent may request an administrative hearing by filing a
  932  written request for a hearing with the department of Revenue. A
  933  request for a hearing must state the specific objections to the
  934  proposed order, the specific objections to the genetic testing
  935  results, or both. A respondent who fails to file a timely
  936  request for a hearing is deemed to have waived the right to a
  937  hearing.
  938         (c) If the respondent files a timely request for a hearing,
  939  the department of Revenue shall refer the hearing request to the
  940  Division of Administrative Hearings. Unless otherwise provided
  941  in this section or in s. 409.2563, chapter 120 and the uniform
  942  rules of procedure govern the conduct of the proceedings.
  943         (d) The genetic-testing results shall be admitted into
  944  evidence and made a part of the hearing record. For purposes of
  945  this section, a statistical probability of paternity that equals
  946  or exceeds 99 percent creates a presumption, as defined in s.
  947  90.304, that the putative father is the biological father of the
  948  child. The presumption may be overcome only by clear and
  949  convincing evidence. The respondent or the department of Revenue
  950  may call an expert witness to refute or support the testing
  951  procedure or results or the mathematical theory on which they
  952  are based. Verified documentation of the chain of custody of the
  953  samples tested is competent evidence to establish the chain of
  954  custody.
  955         (11) FINAL ORDER ESTABLISHING PATERNITY OR PATERNITY AND
  956  CHILD SUPPORT; CONSENT ORDER; NOTICE TO OFFICE OF VITAL
  957  STATISTICS.—
  958         (a) If a hearing is held, the administrative law judge of
  959  the Division of Administrative Hearings shall issue a final
  960  order that adjudicates paternity or, if appropriate, paternity
  961  and child support. A final order of the administrative law judge
  962  constitutes final agency action by the Department of Revenue.
  963  The Division of Administrative Hearings shall transmit any such
  964  order to the department for filing and rendering.
  965         (b) If the respondent does not file a timely request for a
  966  hearing or consents in writing to entry of a final order without
  967  a hearing, the department of Revenue may render a final order of
  968  paternity or a final order of paternity and child support, as
  969  appropriate.
  970         (c) The department of Revenue shall mail a copy of the
  971  final order to the putative father, the mother, and the
  972  caregiver custodian, if any. The department shall notify the
  973  respondent of the right to seek judicial review of a final order
  974  in accordance with s. 120.68.
  975         (d) Upon rendering a final order of paternity or a final
  976  order of paternity and child support, the department of Revenue
  977  shall notify the Division of Vital Statistics of the Department
  978  of Health that the paternity of the child has been established.
  979         (e) A final order rendered pursuant to this section has the
  980  same effect as a judgment entered by the court pursuant to
  981  chapter 742.
  982         (f) The provisions of s. 409.2563 which that apply to a
  983  final administrative support order rendered under that section
  984  apply to a final order rendered under this section when a child
  985  support obligation is established.
  986         (12) RIGHT TO JUDICIAL REVIEW.—A respondent has the right
  987  to seek judicial review, in accordance with s. 120.68, of a
  988  final order rendered under subsection (11) and an order issued
  989  under paragraph (5)(b). The department of Revenue has the right
  990  to seek judicial review, in accordance with s. 120.68, of a
  991  final order issued by an administrative law judge under
  992  subsection (11) and an order issued by an administrative law
  993  judge under paragraph (5)(b).
  994         (13) DUTY TO PROVIDE AND MAINTAIN CURRENT MAILING ADDRESS.
  995  Until a proceeding that has been commenced under this section
  996  has ended, a respondent who is served with a notice of
  997  proceeding must inform the department of Revenue in writing of
  998  any change in the respondent’s mailing address and is deemed to
  999  have received any subsequent order, notice, or other paper
 1000  mailed to that address, or the address at which the respondent
 1001  was served, if the respondent has not provided a more recent
 1002  address.
 1003         (14) PROCEEDINGS IN CIRCUIT COURT.—The results of genetic
 1004  testing performed pursuant to this section are admissible as
 1005  evidence to the same extent as scientific testing ordered by the
 1006  court pursuant to chapter 742.
 1007         (15) GENDER NEUTRAL.—This section shall be construed
 1008  impartially, regardless of a person’s gender, and applies with
 1009  equal force to the mother of a child whose paternity has not
 1010  been established and is not presumed by law.
 1011         (16) REMEDIES SUPPLEMENTAL.—The remedies provided in this
 1012  section are supplemental and in addition to other remedies
 1013  available to the department for the establishment of paternity
 1014  and child support obligations.
 1015         (17) RULEMAKING AUTHORITY.—The department may adopt rules
 1016  to implement this section.
 1017         Section 8. Paragraph (b) of subsection (1), paragraph (d)
 1018  of subsection (2), subsection (4), paragraphs (a) and (b) of
 1019  subsection (5), and subsections (6), (7), and (13) of section
 1020  409.2563, Florida Statutes, are amended to read:
 1021         409.2563 Administrative establishment of child support
 1022  obligations.—
 1023         (1) DEFINITIONS.—As used in this section, the term:
 1024         (b) “Caregiver” means a person, other than the mother,
 1025  father, or putative father, who has physical custody of the
 1026  child or with whom the child primarily resides. “Caretaker
 1027  relative” has the same meaning ascribed in s. 414.0252(11).
 1028  
 1029  Other terms used in this section have the meanings ascribed in
 1030  ss. 61.046 and 409.2554.
 1031         (2) PURPOSE AND SCOPE.—
 1032         (d) Either parent, or a caregiver caretaker relative if
 1033  applicable, may at any time file a civil action in a circuit
 1034  court having jurisdiction and proper venue to determine parental
 1035  support obligations, if any. A support order issued by a circuit
 1036  court prospectively supersedes an administrative support order
 1037  rendered by the department.
 1038         (4) NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
 1039  SUPPORT ORDER.—To commence a proceeding under this section, the
 1040  department shall provide to the parent from whom support is not
 1041  being sought and serve the parent from whom support is being
 1042  sought with a notice of proceeding to establish administrative
 1043  support order and a blank financial affidavit form. The notice
 1044  must state:
 1045         (a) The names of both parents, the name of the caregiver
 1046  caretaker relative, if any, and the name and date of birth of
 1047  the child or children;
 1048         (b) That the department intends to establish an
 1049  administrative support order as defined in this section;
 1050         (c) That both parents must submit a completed financial
 1051  affidavit to the department within 20 days after receiving the
 1052  notice, as provided by paragraph (13)(a);
 1053         (d) That both parents, or parent and caregiver caretaker
 1054  relative if applicable, are required to furnish to the
 1055  department information regarding their identities and locations,
 1056  as provided by paragraph (13)(b);
 1057         (e) That both parents, or parent and caregiver caretaker
 1058  relative if applicable, are required to promptly notify the
 1059  department of any change in their mailing addresses to ensure
 1060  receipt of all subsequent pleadings, notices, and orders, as
 1061  provided by paragraph (13)(c);
 1062         (f) That the department will calculate support obligations
 1063  based on the child support guidelines schedule in s. 61.30 and
 1064  using all available information, as provided by paragraph
 1065  (5)(a), and will incorporate such obligations into a proposed
 1066  administrative support order;
 1067         (g) That the department will send by regular mail to both
 1068  parents, or parent and caregiver caretaker relative if
 1069  applicable, a copy of the proposed administrative support order,
 1070  the department’s child support worksheet, and any financial
 1071  affidavits submitted by a parent or prepared by the department;
 1072         (h) That the parent from whom support is being sought may
 1073  file a request for a hearing in writing within 20 days after the
 1074  date of mailing or other service of the proposed administrative
 1075  support order or will be deemed to have waived the right to
 1076  request a hearing;
 1077         (i) That if the parent from whom support is being sought
 1078  does not file a timely request for hearing after service of the
 1079  proposed administrative support order, the department will issue
 1080  an administrative support order that incorporates the findings
 1081  of the proposed administrative support order, and will send by
 1082  regular mail a copy of the administrative support order to both
 1083  parents, or parent and caregiver caretaker relative if
 1084  applicable;
 1085         (j) That after an administrative support order is rendered,
 1086  the department will file a copy of the order with the clerk of
 1087  the circuit court;
 1088         (k) That after an administrative support order is rendered,
 1089  the department may enforce the administrative support order by
 1090  any lawful means;
 1091         (l) That either parent, or caregiver caretaker relative if
 1092  applicable, may file at any time a civil action in a circuit
 1093  court having jurisdiction and proper venue to determine parental
 1094  support obligations, if any, and that a support order issued by
 1095  a circuit court supersedes an administrative support order
 1096  rendered by the department;
 1097         (m) That, neither the department nor the Division of
 1098  Administrative Hearings has jurisdiction to award or change
 1099  child custody or rights of parental contact or time-sharing, and
 1100  these issues may only be addressed only in circuit court.
 1101         1. The parent from whom support is being sought may request
 1102  in writing that the department proceed in circuit court to
 1103  determine his or her support obligations.
 1104         2. The parent from whom support is being sought may state
 1105  in writing to the department his or her intention to address
 1106  issues concerning custody or rights to parental contact in
 1107  circuit court.
 1108         3. If the parent from whom support is being sought submits
 1109  the request authorized in subparagraph 1., or the statement
 1110  authorized in subparagraph 2. to the department within 20 days
 1111  after the receipt of the initial notice, the department shall
 1112  file a petition in circuit court for the determination of the
 1113  parent’s child support obligations, and shall send to the parent
 1114  from whom support is being sought a copy of its petition, a
 1115  notice of commencement of action, and a request for waiver of
 1116  service of process as provided in the Florida Rules of Civil
 1117  Procedure.
 1118         4. If, within 10 days after receipt of the department’s
 1119  petition and waiver of service, the parent from whom support is
 1120  being sought signs and returns the waiver of service form to the
 1121  department, the department shall terminate the administrative
 1122  proceeding without prejudice and proceed in circuit court.
 1123         5. In any circuit court action filed by the department
 1124  pursuant to this paragraph or filed by a parent from whom
 1125  support is being sought or other person pursuant to paragraph
 1126  (l) or paragraph (n), the department shall be a party only with
 1127  respect to those issues of support allowed and reimbursable
 1128  under Title IV-D of the Social Security Act. It is the
 1129  responsibility of the parent from whom support is being sought
 1130  or other person to take the necessary steps to present other
 1131  issues for the court to consider.
 1132         (n) That if the parent from whom support is being sought
 1133  files an action in circuit court and serves the department with
 1134  a copy of the petition within 20 days after being served notice
 1135  under this subsection, the administrative process ends without
 1136  prejudice and the action must proceed in circuit court;
 1137         (o) Information provided by the Office of State Courts
 1138  Administrator concerning the availability and location of self
 1139  help programs for those who wish to file an action in circuit
 1140  court but who cannot afford an attorney.
 1141  
 1142  The department may serve the notice of proceeding to establish
 1143  administrative support order by certified mail, restricted
 1144  delivery, return receipt requested. Alternatively, the
 1145  department may serve the notice by any means permitted for
 1146  service of process in a civil action. For purposes of this
 1147  section, an authorized employee of the department may serve the
 1148  notice and execute an affidavit of service. Service by certified
 1149  mail is completed when the certified mail is received or refused
 1150  by the addressee or by an authorized agent as designated by the
 1151  addressee in writing. If a person other than the addressee signs
 1152  the return receipt, the department shall attempt to reach the
 1153  addressee by telephone to confirm whether the notice was
 1154  received, and the department shall document any telephonic
 1155  communications. If someone other than the addressee signs the
 1156  return receipt, the addressee does not respond to the notice,
 1157  and the department is unable to confirm that the addressee has
 1158  received the notice, service is not completed and the department
 1159  shall attempt to have the addressee served personally. The
 1160  department shall provide the parent from whom support is not
 1161  being sought or the caregiver caretaker relative with a copy of
 1162  the notice by regular mail to the last known address of the
 1163  parent from whom support is not being sought or caregiver
 1164  caretaker.
 1165         (5) PROPOSED ADMINISTRATIVE SUPPORT ORDER.—
 1166         (a) After serving notice upon a parent in accordance with
 1167  subsection (4), the department shall calculate that parent’s
 1168  child support obligation under the child support guidelines
 1169  schedule as provided by s. 61.30, based on any timely financial
 1170  affidavits received and other information available to the
 1171  department. If either parent fails to comply with the
 1172  requirement to furnish a financial affidavit, the department may
 1173  proceed on the basis of information available from any source,
 1174  if such information is sufficiently reliable and detailed to
 1175  allow calculation of guideline schedule amounts under s. 61.30.
 1176  If a parent receives public assistance and fails to submit a
 1177  financial affidavit, the department may submit a financial
 1178  affidavit or written declaration for that parent pursuant to s.
 1179  61.30(15). If there is a lack of sufficient reliable information
 1180  concerning a parent’s actual earnings for a current or past
 1181  period, it shall be presumed for the purpose of establishing a
 1182  support obligation that the parent had an earning capacity equal
 1183  to the federal minimum wage during the applicable period.
 1184         (b) The department shall send by regular mail to both
 1185  parents, or to a parent and caregiver caretaker relative if
 1186  applicable, copies of the proposed administrative support order,
 1187  its completed child support worksheet, and any financial
 1188  affidavits submitted by a parent or prepared by the department.
 1189  The proposed administrative support order must contain the same
 1190  elements as required for an administrative support order under
 1191  paragraph (7)(e).
 1192         (6) HEARING.—If the parent from whom support is being
 1193  sought files a timely request for hearing or the department
 1194  determines that an evidentiary hearing is appropriate, the
 1195  department shall refer the proceeding hearing request to the
 1196  Division of Administrative Hearings. Unless otherwise provided
 1197  by this section, chapter 120 and the Uniform Rules of Procedure
 1198  shall govern the conduct of the proceedings. The administrative
 1199  law judge shall consider all available and admissible
 1200  information and any presumptions that apply as provided by
 1201  paragraph (5)(a).
 1202         (7) ADMINISTRATIVE SUPPORT ORDER.—
 1203         (a) If a hearing is held, the administrative law judge of
 1204  the Division of Administrative Hearings shall issue an
 1205  administrative support order, or a final order denying an
 1206  administrative support order, which constitutes final agency
 1207  action by the department. The Division of Administrative
 1208  Hearings shall transmit any such order to the department for
 1209  filing and rendering.
 1210         (b) If the parent from whom support is being sought does
 1211  not file a timely request for a hearing, the parent will be
 1212  deemed to have waived the right to request a hearing.
 1213         (c) If the parent from whom support is being sought waives
 1214  the right to a hearing, or consents in writing to the entry of
 1215  an order without a hearing, the department may render an
 1216  administrative support order.
 1217         (d) The department shall send by regular mail a copy of the
 1218  administrative support order, or the final order denying an
 1219  administrative support order, to both parents, or a parent and
 1220  caregiver caretaker relative if applicable. The parent from whom
 1221  support is being sought shall be notified of the right to seek
 1222  judicial review of the administrative support order in
 1223  accordance with s. 120.68.
 1224         (e) An administrative support order must comply with ss.
 1225  61.13(1) and 61.30. The department shall develop a standard form
 1226  or forms for administrative support orders. An administrative
 1227  support order must provide and state findings, if applicable,
 1228  concerning:
 1229         1. The full name and date of birth of the child or
 1230  children;
 1231         2. The name of the parent from whom support is being sought
 1232  and the other parent or caregiver caretaker relative;
 1233         3. The parent’s duty and ability to provide support;
 1234         4. The amount of the parent’s monthly support obligation;
 1235         5. Any obligation to pay retroactive support;
 1236         6. The parent’s obligation to provide for the health care
 1237  needs of each child, whether through health insurance,
 1238  contribution toward towards the cost of health insurance,
 1239  payment or reimbursement of health care expenses for the child,
 1240  or any combination thereof;
 1241         7. The beginning date of any required monthly payments and
 1242  health insurance;
 1243         8. That all support payments ordered must be paid to the
 1244  Florida State Disbursement Unit as provided by s. 61.1824;
 1245         9. That the parents, or caregiver caretaker relative if
 1246  applicable, must file with the department when the
 1247  administrative support order is rendered, if they have not
 1248  already done so, and update as appropriate the information
 1249  required pursuant to paragraph (13)(b);
 1250         10. That both parents, or parent and caregiver caretaker
 1251  relative if applicable, are required to promptly notify the
 1252  department of any change in their mailing addresses pursuant to
 1253  paragraph (13)(c); and
 1254         11. That if the parent ordered to pay support receives
 1255  unemployment compensation benefits, the payor shall withhold,
 1256  and transmit to the department, 40 percent of the benefits for
 1257  payment of support, not to exceed the amount owed.
 1258  
 1259  An income deduction order as provided by s. 61.1301 must be
 1260  incorporated into the administrative support order or, if not
 1261  incorporated into the administrative support order, the
 1262  department or the Division of Administrative Hearings shall
 1263  render a separate income deduction order.
 1264         (13) REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT TO
 1265  ADDRESS OF RECORD.—In all proceedings pursuant to this section:
 1266         (a) Each parent must execute and furnish to the department,
 1267  no later than 20 days after receipt of the notice of proceeding
 1268  to establish administrative support order, a financial affidavit
 1269  in the form prescribed by the department. An updated financial
 1270  affidavit must be executed and furnished to the department at
 1271  the inception of each proceeding to modify an administrative
 1272  support order. A caregiver is caretaker relatives are not
 1273  required to furnish a financial affidavit affidavits.
 1274         (b) Each parent and caregiver, caretaker relative if
 1275  applicable, shall disclose to the department, no later than 20
 1276  days after receipt of the notice of proceeding to establish
 1277  administrative support order, and update as appropriate,
 1278  information regarding his or her identity and location,
 1279  including names he or she is known by; social security number;
 1280  residential and mailing addresses; telephone numbers; driver’s
 1281  license numbers; and names, addresses, and telephone numbers of
 1282  employers. Pursuant to the federal Personal Responsibility and
 1283  Work Opportunity Reconciliation Act of 1996, each person must
 1284  provide his or her social security number in accordance with
 1285  this section. Disclosure of social security numbers obtained
 1286  through this requirement shall be limited to the purpose of
 1287  administration of the Title IV-D program for child support
 1288  enforcement.
 1289         (c) Each parent and caregiver caretaker relative, if
 1290  applicable, has a continuing obligation to promptly inform the
 1291  department in writing of any change in his or her mailing
 1292  address to ensure receipt of all subsequent pleadings, notices,
 1293  payments, statements, and orders, and receipt is presumed if
 1294  sent by regular mail to the most recent address furnished by the
 1295  person.
 1296         Section 9. Effective October 1, 2010, subsection (7) of
 1297  section 409.25635, Florida Statutes, is amended to read:
 1298         409.25635 Determination and collection of noncovered
 1299  medical expenses.—
 1300         (7) COLLECTION ACTION; ADMINISTRATIVE REMEDIES.—Any
 1301  administrative remedy available for collection of support may be
 1302  used to collect noncovered medical expenses that are determined
 1303  or established under this section. The department may collect
 1304  noncovered medical expenses in installments by adding a periodic
 1305  payment to an income deduction notice issued by the department.
 1306         Section 10. Effective November 1, 2010, subsections (4),
 1307  (5), (7), (8), (9), and (11) of section 409.2564, Florida
 1308  Statutes, are amended to read:
 1309         409.2564 Actions for support.—
 1310         (4) Whenever the Department of Revenue has undertaken an
 1311  action for enforcement of support, the Department of Revenue may
 1312  enter into an agreement with the obligor for the entry of a
 1313  judgment determining paternity, if applicable, and for periodic
 1314  child support payments based on the child support guidelines
 1315  schedule in s. 61.30. Before Prior to entering into this
 1316  agreement, the obligor shall be informed that a judgment will be
 1317  entered based on the agreement. The clerk of the court shall
 1318  file the agreement without the payment of any fees or charges,
 1319  and the court, upon entry of the judgment, shall forward a copy
 1320  of the judgment to the parties to the action. To encourage out
 1321  of-court settlement and promote support order compliance, if the
 1322  obligor and the Department of Revenue agree on entry of a
 1323  support order and its terms, the guideline amount owed for
 1324  retroactive support that is permanently assigned to the state
 1325  shall be reduced by 25 percent.
 1326         (5) Whenever the department IV-D agency has undertaken an
 1327  action to determine paternity, to establish an obligation of
 1328  support, or to enforce or modify an obligation of support, the
 1329  department IV-D agency shall be a party to the action only for
 1330  those purposes allowed under Title IV-D of the Social Security
 1331  Act. The program attorney shall be the attorney of record solely
 1332  for the purposes of support enforcement as authorized under
 1333  Title IV-D and may prosecute only those activities which are
 1334  eligible for federal financial participation under Title IV-D.
 1335  An attorney-client relationship exists only between the
 1336  department and the legal services providers in all Title IV-D
 1337  cases. The attorney shall advise the obligee in Title IV-D cases
 1338  that the attorney represents the agency and not the obligee.
 1339         (7) The director of the department Title IV-D agency, or
 1340  the director’s designee, is authorized to subpoena from any
 1341  person financial and other information necessary to establish,
 1342  modify, or enforce a child support order.
 1343         (a) For the purpose of establishing or modifying a child
 1344  support order, or enforcing a support order, the director of the
 1345  department this or another state’s Title IV-D agency, or any
 1346  employee designated by the director of the department this
 1347  state’s Title IV-D agency or authorized under another state’s
 1348  law, may administer oaths or affirmations, subpoena witnesses
 1349  and compel their attendance, take evidence and require the
 1350  production of any matter which is relevant to the support
 1351  action, including the existence, description, nature, custody,
 1352  condition, and location of any books, documents, or other
 1353  tangible things and the identity and location of persons having
 1354  knowledge of relevant facts or any other matter reasonably
 1355  calculated to lead to the discovery of material evidence.
 1356         (b) Subpoenas issued by the department this or another any
 1357  other state’s Title IV-D agency may be challenged in accordance
 1358  with s. 120.569(2)(k)1. While a subpoena is being challenged,
 1359  the department Title IV-D agency may not impose a fine as
 1360  provided for under paragraph (c) until the challenge is complete
 1361  and the subpoena has been found to be valid.
 1362         (c) The department Title IV-D agency is authorized to
 1363  impose a fine for failure to comply with a subpoena. Failure to
 1364  comply with the subpoena, or to challenge the subpoena as
 1365  provided in paragraph (b), within 15 days after service of the
 1366  subpoena may result in the agency taking the following actions:
 1367         1. Imposition of an administrative fine of not more than
 1368  $500.
 1369         2. Enforcement of the subpoena as provided in s.
 1370  120.569(2)(k)2. When the subpoena is enforced pursuant to s.
 1371  120.569(2)(k)2., the court may award costs and fees to the
 1372  prevailing party in accordance with that section.
 1373         (d) The department Title IV-D agency may seek to collect
 1374  administrative fines imposed pursuant to paragraph (c) by filing
 1375  a petition in the circuit court of the judicial circuit in which
 1376  the person against whom the fine was imposed resides. All fines
 1377  collected pursuant to this subsection shall be deposited into
 1378  the Child Support Enforcement Application and Program Revenue
 1379  Trust Fund.
 1380         (8) In cases in which support is subject to an assignment
 1381  as provided under 45 C.F.R. s. 301.1, the department Title IV-D
 1382  agency shall, upon providing notice to the obligor and obligee,
 1383  direct the obligor or other payor to change the payee to the
 1384  appropriate depository.
 1385         (9)(a) For the purpose of securing delinquent support, the
 1386  department Title IV-D agency may increase the amount of the
 1387  monthly support obligation to include amounts for delinquencies,
 1388  subject to such conditions or limitations as set forth in
 1389  paragraph (b).
 1390         (b) In support obligations not subject to income deduction,
 1391  the department Title IV-D agency shall notify the obligor of his
 1392  or her delinquency and of the department’s intent to require an
 1393  additional 20 percent of the monthly obligation amount to allow
 1394  for collection of the delinquency unless, within 20 days, the
 1395  obligor:
 1396         1. Pays the delinquency in full; or
 1397         2. Files a petition with the circuit court to contest the
 1398  delinquency action.
 1399         (11)(a) The Department of Revenue Title IV-D agency shall
 1400  review child support orders in IV-D cases at least once every 3
 1401  years when requested upon request by either party, or when
 1402  support rights are assigned the agency in cases where there is
 1403  an assignment of support to the state under s. 414.095(7), and
 1404  may seek modification adjustment of the order if appropriate
 1405  under the child support guidelines schedule established in s.
 1406  61.30. Not less than once every 3 years the department IV-D
 1407  agency shall provide notice to the parties subject to the order
 1408  informing them of their right to request a review and, if
 1409  appropriate, a modification an adjustment of the child support
 1410  order. The Said notice requirement may be met by including
 1411  appropriate language in the initial support order or any
 1412  subsequent orders.
 1413         (b)If the department’s review of a support order entered
 1414  by the circuit court indicates that the order should be
 1415  modified, the department, through counsel, shall file a petition
 1416  to modify the order with the court. Along with the petition, the
 1417  department shall file a child support guideline worksheet, any
 1418  financial affidavits or written declarations, pursuant to s.
 1419  61.30(15), received from the parties or completed by the
 1420  department as part of the support order review, a proposed
 1421  modified order that includes findings as to the source and
 1422  amount of income, and a notice that informs the parties of the
 1423  requirement to file an objection or a request for hearing with
 1424  the court if the party wants a court hearing on the petition to
 1425  modify. A copy of the petition, proposed order, and other
 1426  documents shall be served by regular mail on a party who
 1427  requested the support order review. A party that did not request
 1428  the support order review shall be served personally in any
 1429  manner authorized under chapter 48.
 1430         (c) To obtain a court hearing on a petition to modify a
 1431  support order, a party who is served by regular mail must file
 1432  an objection to the proposed order or a request for hearing with
 1433  the court within 30 days after the date on which the petition,
 1434  proposed order, and other documents were mailed. If a party is
 1435  served personally, to obtain a court hearing on a petition to
 1436  modify the party must file an objection to the proposed order or
 1437  a request for hearing with the court within 30 days after the
 1438  date of receipt of the petition, proposed order, and other
 1439  documents.
 1440         (d) If a timely objection or request for hearing is not
 1441  filed with the court, the court may modify the support order
 1442  without a hearing in accordance with the terms of the proposed
 1443  order.
 1444         (e) If a support order does not provide for payment of
 1445  noncovered medical expenses or require health insurance for the
 1446  minor child and health insurance is accessible to the child and
 1447  available at a reasonable cost, the department shall seek to
 1448  have the order modified and any modification shall be made
 1449  without a requirement for proof or showing of a change in
 1450  circumstances.
 1451         Section 11. Subsection (5) of section 409.2567, Florida
 1452  Statutes, is amended to read:
 1453         409.2567 Services to individuals not otherwise eligible.—
 1454         (5) The Department of Revenue may shall seek a waiver from
 1455  the Secretary of the United States Department of Health and
 1456  Human Services to authorize the Department of Revenue to provide
 1457  services in accordance with Title IV-D of the Social Security
 1458  Act to individuals who are owed support without need of an
 1459  application. The department may seek a waiver if it determines
 1460  that the estimated increase in federal funding to the state
 1461  derived from the waiver would exceed any additional cost to the
 1462  state if the waiver is granted. If the waiver is granted, the
 1463  Department of Revenue shall adopt rules to implement the waiver
 1464  and begin providing Title IV-D services if support payments are
 1465  not being paid as ordered, except that the individual first must
 1466  be given written notice of the right to refuse Title IV-D
 1467  services and a reasonable opportunity to respond.
 1468         Section 12. Subsection (3) of section 409.259, Florida
 1469  Statutes, is amended to read:
 1470         409.259 Filing fees in Title IV-D cases; electronic filing
 1471  of pleadings, returns of service, and other papers.—
 1472         (3) The clerks of the circuit court, chief judges through
 1473  the Office of the State Courts Administrator, sheriffs, Office
 1474  of the Attorney General, and Department of Revenue shall work
 1475  cooperatively to implement electronic filing of pleadings,
 1476  returns of service, and other papers with the clerks of the
 1477  circuit court in Title IV-D cases upon completion of the Child
 1478  Support Automated Management System II by October 1, 2009.
 1479         Section 13. Paragraph (a) of subsection (20) of section
 1480  409.910, Florida Statutes, is amended to read:
 1481         409.910 Responsibility for payments on behalf of Medicaid
 1482  eligible persons when other parties are liable.—
 1483         (20) Entities providing health insurance as defined in s.
 1484  624.603, health maintenance organizations and prepaid health
 1485  clinics as defined in chapter 641, and, on behalf of their
 1486  clients, third-party administrators and pharmacy benefits
 1487  managers as defined in s. 409.901(27) shall provide such records
 1488  and information as are necessary to accomplish the purpose of
 1489  this section, unless such requirement results in an unreasonable
 1490  burden.
 1491         (a) The director of the agency and the Director of the
 1492  Office of Insurance Regulation of the Financial Services
 1493  Commission shall enter into a cooperative agreement for
 1494  requesting and obtaining information necessary to effect the
 1495  purpose and objective of this section.
 1496         1. The agency shall request only that information necessary
 1497  to determine whether health insurance as defined pursuant to s.
 1498  624.603, or those health services provided pursuant to chapter
 1499  641, could be, should be, or have been claimed and paid with
 1500  respect to items of medical care and services furnished to any
 1501  person eligible for services under this section.
 1502         2. All information obtained pursuant to subparagraph 1. is
 1503  confidential and exempt from s. 119.07(1). The agency shall
 1504  provide the information obtained pursuant to subparagraph 1. to
 1505  the Department of Revenue for purposes of administering the
 1506  state Title IV-D program. The agency and the Department of
 1507  Revenue shall enter into a cooperative agreement for purposes of
 1508  implementing this requirement.
 1509         3. The cooperative agreement or rules adopted under this
 1510  subsection may include financial arrangements to reimburse the
 1511  reporting entities for reasonable costs or a portion thereof
 1512  incurred in furnishing the requested information. Neither the
 1513  cooperative agreement nor the rules shall require the automation
 1514  of manual processes to provide the requested information.
 1515         Section 14. Subsection (7) of section 414.095, Florida
 1516  Statutes, is amended to read:
 1517         414.095 Determining eligibility for temporary cash
 1518  assistance.—
 1519         (7) ASSIGNMENT OF RIGHTS TO SUPPORT.—As a condition of
 1520  receiving temporary cash assistance, the family must assign to
 1521  the Department of Revenue any rights a member of a family may
 1522  have to support from any other person. This applies to any
 1523  family member; however, the assigned amounts must not exceed the
 1524  total amount of temporary cash assistance provided to the
 1525  family. The assignment of support does not apply if the family
 1526  leaves the program.
 1527         Section 15. Subsection (1) of section 741.01, Florida
 1528  Statutes, is amended to read:
 1529         741.01 County court judge or clerk of the circuit court to
 1530  issue marriage license; fee.—
 1531         (1) Every marriage license shall be issued by a county
 1532  court judge or clerk of the circuit court under his or her hand
 1533  and seal. The county court judge or clerk of the circuit court
 1534  shall issue such license, upon application for the license, if
 1535  there appears to be no impediment to the marriage. An
 1536  application for a marriage license must allow both parties to
 1537  the marriage to state under oath in writing if they are the
 1538  parents of a child born in this state and to identify any such
 1539  child they have in common by name, date of birth, place of
 1540  birth, and, if available, birth certificate number. The name of
 1541  any child recorded by both parties must be transmitted to the
 1542  Department of Health along with the original marriage license
 1543  and endorsements. The county court judge or clerk of the circuit
 1544  court shall collect and receive a fee of $2 for receiving the
 1545  application for the issuance of a marriage license.
 1546         Section 16. Effective November 1, 2010, for the purpose of
 1547  incorporating the amendment made by this act to section
 1548  409.2564, Florida Statutes, in a reference thereto, paragraph
 1549  (c) of subsection (1) of section 61.14, Florida Statutes, is
 1550  reenacted to read:
 1551         61.14 Enforcement and modification of support, maintenance,
 1552  or alimony agreements or orders.—
 1553         (1)
 1554         (c) For each support order reviewed by the department as
 1555  required by s. 409.2564(11), if the amount of the child support
 1556  award under the order differs by at least 10 percent but not
 1557  less than $25 from the amount that would be awarded under s.
 1558  61.30, the department shall seek to have the order modified and
 1559  any modification shall be made without a requirement for proof
 1560  or showing of a change in circumstances.
 1561         Section 17. Effective November 1, 2010, for the purpose of
 1562  incorporating the amendment made by this act to section
 1563  409.2564, Florida Statutes, in a reference thereto, paragraph
 1564  (c) of subsection (1) of section 61.30, Florida Statutes, is
 1565  reenacted to read:
 1566         61.30 Child support guidelines; retroactive child support.—
 1567         (1)
 1568         (c) For each support order reviewed by the department as
 1569  required by s. 409.2564(11), if the amount of the child support
 1570  award under the order differs by at least 10 percent but not
 1571  less than $25 from the amount that would be awarded under s.
 1572  61.30, the department shall seek to have the order modified and
 1573  any modification shall be made without a requirement for proof
 1574  or showing of a change in circumstances.
 1575         Section 18. Except as otherwise expressly provided in this
 1576  act, this act shall take effect upon becoming a law.

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