January 22, 2020
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The Florida Statutes

The 2003 Florida Statutes

Title XXX
SOCIAL WELFARE
Chapter 409
SOCIAL AND ECONOMIC ASSISTANCE
View Entire Chapter
Section 409.2598, Florida Statutes 2003

409.2598  Suspension or denial of new or renewal licenses; registrations; certifications.--

(1)  The Title IV-D agency may petition the court that entered the support order or the court that is enforcing the support order to deny or suspend the license, registration, or certificate issued under chapter 370, chapter 372, chapter 409, chapter 455, chapter 456, chapter 559, chapter 1012, s. 328.42, or s. 597.010 of any obligor with a delinquent support obligation or who fails, after receiving appropriate notice, to comply with subpoenas, orders to appear, orders to show cause, or similar orders relating to paternity or support proceedings. However, a petition may not be filed until the Title IV-D agency has exhausted all other available remedies. The purpose of this section is to promote the public policy of the state as established in s. 409.2551.

(2)  The Title IV-D agency is authorized to screen all applicants for new or renewal licenses, registrations, or certificates and current licenses, registrations, or certificates and current licensees, registration holders, and certificateholders of all licenses, registrations, and certificates issued under chapter 370, chapter 409, chapter 455, chapter 456, chapter 559, chapter 1012, or s. 328.42 to ensure compliance with any support obligation and any subpoenas, orders to appear, orders to show cause, or similar orders relating to paternity or support proceedings. If the Title IV-D agency determines that an applicant, licensee, registration holder, or certificateholder is an obligor who is delinquent on a support obligation or who is not in compliance with a subpoena, order to appear, order to show cause, or similar order relating to paternity or support proceedings, the Title IV-D agency shall certify the delinquency pursuant to s. 61.14.

(3)  The Title IV-D agency shall give notice to any obligor who is an applicant for a new or renewal license or certificate or the holder of a current license or certificate when a delinquency exists in the support obligation or when an obligor has failed to comply with a subpoena, order to appear, order to show cause, or similar order relating to paternity or support proceeding. The notice shall specify that the obligor has 30 days from the date on which service of the notice is complete to pay the delinquency or to reach an agreement to pay the delinquency with the Title IV-D agency or comply with the subpoena, order to appear, order to show cause, or similar order. The notice shall specify that, if payment is not made or an agreement cannot be reached, or if the subpoena, order to appear, order to show cause, or similar order is not complied with, the application may be denied or the license or certification may be suspended pursuant to a court order.

(4)  If the obligor fails to pay the delinquency or reach an agreeable payment arrangement or comply with the subpoena, order to appear, order to show cause, or similar order within 30 days following completion of service of the notice, the Title IV-D agency shall send a second notice to the obligor stating that the obligor has 30 days to pay the delinquency or reach an agreement to pay the delinquency with the Title IV-D agency or comply with the subpoena, order to appear, order to show cause, or similar order. If the obligor fails to respond to either notice from the Title IV-D agency or if the obligor fails to pay the delinquency or reach an agreement to pay the delinquency or comply with the subpoena, order to appear, order to show cause, or similar order after the second notice, the Title IV-D agency may petition the court which entered the support order or the court which is enforcing the support order to deny the application for the license or certificate or to suspend the license or certificate of the obligor. However, no petition may be filed until the Title IV-D agency has exhausted all other available remedies. The court may find that it would be inappropriate to deny a license or suspend a license or certificate if:

(a)  Denial or suspension would result in irreparable harm to the obligor or employees of the obligor or would not accomplish the objective of collecting the delinquency; or

(b)  The obligor demonstrates that he or she has made a good faith effort to reach an agreement with the Title IV-D agency.

The court may not deny or suspend a license or certificate if the court determines that an alternative remedy is available to the Title IV-D agency which is likely to accomplish the objective of collecting the delinquency or obtaining compliance with the subpoena, order to appear, order to show cause, or similar order. If the obligor fails in the defense of a petition for denial or suspension, the court which entered the support order or the court which is enforcing the support order shall enter an order to deny the application for the license or certification or to suspend the license or certification of the obligor. The court shall order the obligor to surrender the license or certification to the Title IV-D agency, which will return the license or certification and a copy of the order of suspension to the appropriate department or licensing entity.

(5)  If the court denies or suspends a license or certification and the obligor subsequently pays the delinquency or reaches an agreement with the Title IV-D agency to settle the delinquency and makes the first payment required by the agreement, or complies with the subpoena, order to appear, order to show cause, or similar order, the license or certificate shall be issued or reinstated upon written proof to the court that the obligor has complied with the terms of the court order, subpoena, order to appear, order to show cause, or similar order. Proof of payment shall consist of a certified copy of the payment record issued by the depository. The court shall order the appropriate department or license board to issue or reinstate the license or certificate without additional charge to the obligor.

(6)  The department shall, when directed by the court, suspend or deny the license or certificate of any licensee or certificateholder under its jurisdiction found to have a delinquent support obligation or not to be in compliance with a subpoena, order to appear, order to show cause, or similar order. The department shall issue or reinstate the license or certificate without additional charge to the licensee or certificateholder when notified by the court that the licensee or certificateholder has complied with the terms of the court order, or subpoena, order to appear, order to show cause, or similar order.

(7)  Notice shall be served under this section by mailing it by certified mail, return receipt requested, to the obligor at his or her last address of record with the local depository. If the obligor has no address of record with the local depository, or if the last address of record with the local depository is incorrect, service shall be by publication as provided in chapter 49. When service of the notice is made by mail, service is complete upon the receipt of the notice by the obligor.

History.--s. 9, ch. 93-208; s. 4, ch. 95-222; s. 95, ch. 96-175; s. 1021, ch. 97-103; s. 59, ch. 97-170; s. 29, ch. 98-166; s. 36, ch. 99-289; s. 21, ch. 2000-160; s. 19, ch. 2000-364; s. 44, ch. 2001-158; s. 993, ch. 2002-387.

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