July 08, 2020
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_h7083__
HB 7083

1
A bill to be entitled
2An act relating to child support enforcement; amending s.
361.13, F.S.; deleting a reference to health insurance with
4respect to a proceeding to determine each parent's share
5of a child's medical-support-only obligation; providing
6the procedure for child support payments to be paid
7through the depository; clarifying that income deduction
8payments are required to be paid to the State Disbursement
9Unit; amending s. 61.30, F.S.; authorizing the Department
10of Revenue to provide documentation of the income of a
11parent receiving public assistance to the court under
12certain circumstances; amending s. 382.015, F.S.;
13authorizing the Office of Vital Statistics to amend a
14birth certificate to include the name of the legal father
15when a final judgment of dissolution of marriage requires
16the former husband to pay support for the child; amending
17s. 382.016, F.S.; authorizing the Office of Vital
18Statistics to amend a child's birth certificate to include
19the name of the legal father upon receipt of a marriage
20license that identifies the registrant; amending s.
21409.2558, F.S.; creating additional priorities for
22processing undistributable collections; authorizing the
23Department of Revenue to retain uncashed checks or closed
24Title IV-D case balances of child support collections
25under $1; amending s. 409.256, F.S.; revising the
26definitions of the terms "custodian" and "putative
27father"; permitting a person ordered to appear for genetic
28testing to contest the order by filing a written request
29for informal discussion within a specified time period;
30amending s. 409.2563, F.S.; revising the definition of the
31term "caretaker relative"; conforming terminology;
32conforming a reference; amending s. 409.25635, F.S.;
33authorizing the Department of Revenue to collect
34noncovered medical expenses in installments by issuing an
35income deduction notice; amending s. 409.2564, F.S.;
36deleting the requirement for reducing the child support
37guideline amount for retroactive support by 25 percent;
38providing a process for court hearings relating to support
39order reviews; requiring the department, rather than the
40Title IV-D agency, to review and take certain actions with
41respect to child support orders; providing for
42modification of a child support order; requiring the
43department to file a petition to modify the order and
44specified financial documentation under certain
45circumstances; providing procedures for a party to obtain
46a court hearing; amending s. 409.2567, F.S.; authorizing
47the Department of Revenue to seek a waiver from certain
48application requirements from the United States Department
49of Health and Human Services under certain conditions;
50amending s. 409.259, F.S.; extending the deadline for
51implementing electronic filing in Title IV-D cases to
52coincide with completion of the department's Child Support
53Automated Management System II; amending s. 409.910, F.S.;
54authorizing the Agency for Health Care Administration to
55provide health insurance information to the Department of
56Revenue for administering the Title IV-D program;
57requiring the agency and the department to enter into a
58cooperative agreement to implement the requirement;
59amending s. 414.095, F.S.; requiring a family to assign
60rights to receive certain financial support to the
61Department of Revenue, rather than the Department of
62Children and Family Services, as a condition of receiving
63temporary cash assistance; amending s. 741.01, F.S.;
64providing that an application for a marriage license must
65allow both parties to the marriage to state under oath and
66in writing if they are the parents of any child born in
67the state and to identify any child they have in common;
68requiring the name of any child recorded by both parties
69to be transmitted to the Department of Health; amending
70ss. 63.054, 63.0541, 63.062, 63.085, 63.089, 88.2011,
71409.2572, and 742.021, F.S.; conforming references to
72changes made by the act; providing effective dates.
73
74Be It Enacted by the Legislature of the State of Florida:
75
76     Section 1.  Paragraphs (b) and (d) of subsection (1) of
77section 61.13, Florida Statutes, are amended to read:
78     61.13  Support of children; parenting and time-sharing;
79powers of court.-
80     (1)
81     (b)  Each order for support shall contain a provision for
82health insurance for the minor child when health insurance is
83reasonable in cost and accessible to the child. Health insurance
84is presumed to be reasonable in cost if the incremental cost of
85adding health insurance for the child or children does not
86exceed 5 percent of the gross income, as defined in s. 61.30, of
87the parent responsible for providing health insurance. Health
88insurance is accessible to the child if the health insurance is
89available to be used in the county of the child's primary
90residence or in another county if the parent who has the most
91time under the time-sharing plan agrees. If the time-sharing
92plan provides for equal time-sharing, health insurance is
93accessible to the child if the health insurance is available to
94be used in either county where the child resides or in another
95county if both parents agree. The court may require the obligor
96to provide health insurance or to reimburse the obligee for the
97cost of health insurance for the minor child when insurance is
98provided by the obligee. The presumption of reasonable cost may
99be rebutted by evidence of any of the factors in s.
10061.30(11)(a). The court may deviate from what is presumed
101reasonable in cost only upon a written finding explaining its
102determination why ordering or not ordering the provision of
103health insurance or the reimbursement of the obligee's cost for
104providing health insurance for the minor child would be unjust
105or inappropriate. In any event, the court shall apportion the
106cost of health insurance, and any noncovered medical, dental,
107and prescription medication expenses of the child, to both
108parties by adding the cost to the basic obligation determined
109pursuant to s. 61.30(6). The court may order that payment of
110noncovered medical, dental, and prescription medication expenses
111of the minor child be made directly to the obligee on a
112percentage basis. In a proceeding for medical support only, each
113parent's share of the child's health insurance and noncovered
114medical expenses shall equal the parent's percentage share of
115the combined net income of the parents. The percentage share
116shall be calculated by dividing each parent's net monthly income
117by the combined monthly net income of both parents. Net income
118is calculated as specified by s. 61.30(3) and (4).
119     1.  In a non-Title IV-D case, a copy of the court order for
120health insurance shall be served on the obligor's union or
121employer by the obligee when the following conditions are met:
122     a.  The obligor fails to provide written proof to the
123obligee within 30 days after receiving effective notice of the
124court order that the health insurance has been obtained or that
125application for health insurance has been made;
126     b.  The obligee serves written notice of intent to enforce
127an order for health insurance on the obligor by mail at the
128obligor's last known address; and
129     c.  The obligor fails within 15 days after the mailing of
130the notice to provide written proof to the obligee that the
131health insurance existed as of the date of mailing.
132     2.a.  A support order enforced under Title IV-D of the
133Social Security Act which requires that the obligor provide
134health insurance is enforceable by the department through the
135use of the national medical support notice, and an amendment to
136the support order is not required. The department shall transfer
137the national medical support notice to the obligor's union or
138employer. The department shall notify the obligor in writing
139that the notice has been sent to the obligor's union or
140employer, and the written notification must include the
141obligor's rights and duties under the national medical support
142notice. The obligor may contest the withholding required by the
143national medical support notice based on a mistake of fact. To
144contest the withholding, the obligor must file a written notice
145of contest with the department within 15 business days after the
146date the obligor receives written notification of the national
147medical support notice from the department. Filing with the
148department is complete when the notice is received by the person
149designated by the department in the written notification. The
150notice of contest must be in the form prescribed by the
151department. Upon the timely filing of a notice of contest, the
152department shall, within 5 business days, schedule an informal
153conference with the obligor to discuss the obligor's factual
154dispute. If the informal conference resolves the dispute to the
155obligor's satisfaction or if the obligor fails to attend the
156informal conference, the notice of contest is deemed withdrawn.
157If the informal conference does not resolve the dispute, the
158obligor may request an administrative hearing under chapter 120
159within 5 business days after the termination of the informal
160conference, in a form and manner prescribed by the department.
161However, the filing of a notice of contest by the obligor does
162not delay the withholding of premium payments by the union,
163employer, or health plan administrator. The union, employer, or
164health plan administrator must implement the withholding as
165directed by the national medical support notice unless notified
166by the department that the national medical support notice is
167terminated.
168     b.  In a Title IV-D case, the department shall notify an
169obligor's union or employer if the obligation to provide health
170insurance through that union or employer is terminated.
171     3.  In a non-Title IV-D case, upon receipt of the order
172pursuant to subparagraph 1., or upon application of the obligor
173pursuant to the order, the union or employer shall enroll the
174minor child as a beneficiary in the group health plan regardless
175of any restrictions on the enrollment period and withhold any
176required premium from the obligor's income. If more than one
177plan is offered by the union or employer, the child shall be
178enrolled in the group health plan in which the obligor is
179enrolled.
180     4.a.  Upon receipt of the national medical support notice
181under subparagraph 2. in a Title IV-D case, the union or
182employer shall transfer the notice to the appropriate group
183health plan administrator within 20 business days after the date
184on the notice. The plan administrator must enroll the child as a
185beneficiary in the group health plan regardless of any
186restrictions on the enrollment period, and the union or employer
187must withhold any required premium from the obligor's income
188upon notification by the plan administrator that the child is
189enrolled. The child shall be enrolled in the group health plan
190in which the obligor is enrolled. If the group health plan in
191which the obligor is enrolled is not available where the child
192resides or if the obligor is not enrolled in group coverage, the
193child shall be enrolled in the lowest cost group health plan
194that is accessible to the child.
195     b.  If health insurance or the obligor's employment is
196terminated in a Title IV-D case, the union or employer that is
197withholding premiums for health insurance under a national
198medical support notice must notify the department within 20 days
199after the termination and provide the obligor's last known
200address and the name and address of the obligor's new employer,
201if known.
202     5.a.  The amount withheld by a union or employer in
203compliance with a support order may not exceed the amount
204allowed under s. 303(b) of the Consumer Credit Protection Act,
20515 U.S.C. s. 1673(b), as amended. The union or employer shall
206withhold the maximum allowed by the Consumer Credit Protection
207Act in the following order:
208     (I)  Current support, as ordered.
209     (II)  Premium payments for health insurance, as ordered.
210     (III)  Past due support, as ordered.
211     (IV)  Other medical support or insurance, as ordered.
212     b.  If the combined amount to be withheld for current
213support plus the premium payment for health insurance exceed the
214amount allowed under the Consumer Credit Protection Act, and the
215health insurance cannot be obtained unless the full amount of
216the premium is paid, the union or employer may not withhold the
217premium payment. However, the union or employer shall withhold
218the maximum allowed in the following order:
219     (I)  Current support, as ordered.
220     (II)  Past due support, as ordered.
221     (III)  Other medical support or insurance, as ordered.
222     6.  An employer, union, or plan administrator who does not
223comply with the requirements in sub-subparagraph 4.a. is subject
224to a civil penalty not to exceed $250 for the first violation
225and $500 for subsequent violations, plus attorney's fees and
226costs. The department may file a petition in circuit court to
227enforce the requirements of this subparagraph.
228     7.  The department may adopt rules to administer the child
229support enforcement provisions of this section that affect Title
230IV-D cases.
231     (d)1.  All child support orders shall provide the full name
232and date of birth of each minor child who is the subject of the
233child support order.
234     2.  If both parties request and the court finds that it is
235in the best interest of the child, support payments need not be
236subject to immediate income deduction. Support orders that are
237not subject to immediate income deduction may be directed
238through the depository under s. 61.181 or made payable directly
239to the obligee. Payments for all support orders that provide for
240immediate income deduction shall be made to the State
241Disbursement Unit. The court shall provide a copy of the order
242to the depository.
243     3.  For support orders payable directly to the obligee that
244do not provide for immediate income deduction, any party, or the
245department IV-D agency in a IV-D case, may subsequently file an
246affidavit with the depository State Disbursement Unit alleging a
247default in payment of child support and stating that the party
248wishes to require that payments be made through the depository
249State Disbursement Unit. The party shall provide copies of the
250affidavit to the court and to each other party. Fifteen days
251after receipt of the affidavit, the depository State
252Disbursement Unit shall notify all parties that future payments
253shall be paid through the depository, except that income
254deduction payments shall be made to the State Disbursement Unit.
255     Section 2.  Subsection (15) of section 61.30, Florida
256Statutes, is amended to read:
257     61.30  Child support guidelines; retroactive child
258support.-
259     (15)  For purposes of establishing an obligation for
260support in accordance with this section, if a person who is
261receiving public assistance is found to be noncooperative as
262defined in s. 409.2572, the department IV-D agency is authorized
263to submit to the court an affidavit or written declaration
264signed under penalty of perjury pursuant to s. 92.525(2)
265attesting to the income of that parent based upon information
266available to the department IV-D agency.
267     Section 3.  Subsection (2) of section 382.015, Florida
268Statutes, is amended to read:
269     382.015  New certificates of live birth; duty of clerks of
270court and department.-The clerk of the court in which any
271proceeding for adoption, annulment of an adoption, affirmation
272of parental status, or determination of paternity is to be
273registered, shall within 30 days after the final disposition,
274forward to the department a certified copy of the court order,
275or a report of the proceedings upon a form to be furnished by
276the department, together with sufficient information to identify
277the original birth certificate and to enable the preparation of
278a new birth certificate. The clerk of the court shall implement
279a monitoring and quality control plan to ensure that all
280judicial determinations of paternity are reported to the
281department in compliance with this section. The department shall
282track paternity determinations reported monthly by county,
283monitor compliance with the 30-day timeframe, and report the
284data to the clerks of the court quarterly.
285     (2)  DETERMINATION OF PATERNITY.-Upon receipt of the
286report, or a certified copy of a final decree of determination
287of paternity, or a certified copy of a final judgment of
288dissolution of marriage that requires the former husband to pay
289support for the child, together with sufficient information to
290identify the original certificate of live birth, the department
291shall prepare and file a new birth certificate which shall bear
292the same file number as the original birth certificate. The
293registrant's name shall be entered as decreed by the court or as
294reflected in the final judgment. The names and identifying
295information of the parents shall be entered as of the date of
296the registrant's birth.
297     Section 4.  Paragraph (b) of subsection (1) of section
298382.016, Florida Statutes, is amended to read:
299     382.016  Amendment of records.-The department, upon receipt
300of the fee prescribed in s. 382.0255; documentary evidence, as
301specified by rule, of any misstatement, error, or omission
302occurring in any birth, death, or fetal death record; and an
303affidavit setting forth the changes to be made, shall amend or
304replace the original certificate as necessary.
305     (1)  CERTIFICATE OF LIVE BIRTH AMENDMENT.-
306     (b)  Upon written request and receipt of an affidavit, a
307notarized voluntary acknowledgment of paternity signed by the
308mother and father acknowledging the paternity of a registrant
309born out of wedlock, or a voluntary acknowledgment of paternity
310that is witnessed by two individuals and signed under penalty of
311perjury as specified by s. 92.525(2), together with sufficient
312information to identify the original certificate of live birth,
313the department shall prepare a new birth certificate, which
314shall bear the same file number as the original birth
315certificate. The names and identifying information of the
316parents shall be entered as of the date of the registrant's
317birth. The surname of the registrant may be changed from that
318shown on the original birth certificate at the request of the
319mother and father of the registrant, or the registrant if of
320legal age. If the mother and father marry each other at any time
321after the registrant's birth, the department shall, upon receipt
322of a marriage license that identifies the registrant, or upon
323the request of the mother and father or the registrant if the
324registrant is of legal age, and upon proof of the marriage,
325amend the certificate with regard to the parents' marital status
326as though the parents were married at the time of birth. The
327department shall substitute the new certificate of birth for the
328original certificate on file. All copies of the original
329certificate of live birth in the custody of a local registrar or
330other state custodian of vital records shall be forwarded to the
331State Registrar. Thereafter, when a certified copy of the
332certificate of birth or portion thereof is issued, it shall be a
333copy of the new certificate of birth or portion thereof, except
334when a court order requires issuance of a certified copy of the
335original certificate of birth. Except for a birth certificate on
336which a father is listed pursuant to an affidavit, a notarized
337voluntary acknowledgment of paternity signed by the mother and
338father acknowledging the paternity of a registrant born out of
339wedlock, or a voluntary acknowledgment of paternity that is
340witnessed by two individuals and signed under penalty of perjury
341as specified by s. 92.525(2), the department shall place the
342original certificate of birth and all papers pertaining thereto
343under seal, not to be broken except by order of a court of
344competent jurisdiction or as otherwise provided by law.
345     Section 5.  Paragraph (b) of subsection (3) of section
346409.2558, Florida Statutes, is amended to read:
347     409.2558  Support distribution and disbursement.-
348     (3)  UNDISTRIBUTABLE COLLECTIONS.-
349     (b)  Collections that are determined to be undistributable
350shall be processed in the following order of priority:
351     1.  Apply the payment to any financial liability incurred
352by the obligor as a result of a previous payment returned to the
353department for insufficient funds; then
354     2.  Apply the payment to any financial liability incurred
355by the obligor as a result of an overpayment to the obligor that
356the obligor has failed to return to the department after notice;
357then
358     3.  Apply the payment to any financial liability incurred
359by the obligee as a result of an overpayment to the obligee that
360the obligee has failed to return to the department after notice;
361then
362     4.1.  Apply the payment to any assigned arrears on the
363obligee's case; then
364     5.2.  Apply the payment to any administrative costs ordered
365by the court pursuant to s. 409.2567 associated with the
366obligee's case; then
367     6.3.  When the obligor is subject to a valid order to
368support another child in a case with a different obligee and the
369obligation is being enforced by the department, the department
370shall send by certified mail, restricted delivery, return
371receipt requested, to the obligor at the most recent address
372provided by the obligor to the tribunal that issued the order, a
373notice stating the department's intention to apply the payment
374pursuant to this subparagraph, and advising the obligor of the
375right to contest the department's proposed action in the circuit
376court by filing and serving a petition on the department within
37730 days after the mailing of the notice. If the obligor does not
378file and serve a petition within the 30 days after mailing of
379the notice, or upon a disposition of the judicial action
380favorable to the department, the department shall apply the
381payment toward his or her other support obligation. If there is
382more than one such other case, the department shall allocate the
383remaining undistributable amount as specified by s.
38461.1301(4)(c); then
385     7.4.  Return the payment to the obligor; then
386     8.5.  If the obligor cannot be located after diligent
387efforts by the department, the federal share of the payment
388shall be credited to the Federal Government and the state share
389shall be transferred to the General Revenue Fund.
390     Section 6.  Effective July 1, 2010, paragraph (d) is added
391to subsection (3) of section 409.2558, Florida Statutes, to
392read:
393     409.2558  Support distribution and disbursement.-
394     (3)  UNDISTRIBUTABLE COLLECTIONS.-
395     (d)  If a payment of less than $1 is made by a paper check
396on an open Title IV-D case and the payment is not cashed after
397180 days, or less than $1 is owed on a closed Title IV-D case,
398the department shall declare the payment as program income,
399crediting the federal share of the payment to the Federal
400Government and the state share of the payment to the General
401Revenue Fund, without attempting to locate either party.
402     Section 7.  Section 409.256, Florida Statutes, is amended
403to read:
404     409.256  Administrative proceeding to establish paternity
405or paternity and child support; order to appear for genetic
406testing.-
407     (1)  DEFINITIONS.-As used in this section, the term:
408     (a)(g)  "Alleged Putative father" means an individual who
409is or may be the biological father of a child whose paternity
410has not been established and whose mother was unmarried when the
411child was conceived and born.
412     (b)(a)  "Another state" or "other state" means a state of
413the United States, the District of Columbia, Puerto Rico, the
414United States Virgin Islands, or any territory or insular
415possession subject to the jurisdiction of the United States. The
416term includes:
417     1.  An Indian tribe.
418     2.  A foreign jurisdiction that has enacted a law or
419established procedures for issuance and enforcement of support
420orders which are substantially similar to the procedures under
421this act, the Uniform Reciprocal Enforcement of Support Act, or
422the Revised Uniform Reciprocal Enforcement of Support Act, as
423determined by the Attorney General.
424     (c)(b)  "Caregiver Custodian" means a person, other than
425the mother, father, or an alleged a putative father, who has
426physical custody of a child or with whom the child primarily
427resides. References in this section to the obligation of a
428caregiver custodian to submit to genetic testing mean that the
429caregiver custodian is obligated to submit the child for genetic
430testing, not that the caregiver custodian must submit to genetic
431testing.
432     (d)(c)  "Filed" means a document has been received and
433accepted for filing at the offices of the department of Revenue
434by the clerk or an authorized deputy clerk designated by the
435department.
436     (e)(d)  "Genetic testing" means a scientific analysis of
437genetic markers that is performed by a qualified technical
438laboratory only to exclude an individual as the parent of a
439child or to show a probability of paternity.
440     (f)(e)  "Paternity and child support proceeding" means an
441administrative action commenced by the department of Revenue to
442order genetic testing, establish paternity, and establish an
443administrative support order pursuant to this section.
444     (g)(f)  "Paternity proceeding" means an administrative
445action commenced by the department of Revenue to order genetic
446testing and establish paternity pursuant to this section.
447     (h)  "Qualified technical laboratory" means a genetic-
448testing laboratory that may be under contract with the
449department of Revenue, that uses tests and methods of a type
450generally acknowledged as reliable by accreditation
451organizations recognized by the United States Department of
452Health and Human Services, and that is approved by such an
453accreditation organization. The term includes a genetic-testing
454laboratory used by another state, if the laboratory has
455comparable qualifications.
456     (i)  "Rendered" means that a signed written order is filed
457with the clerk or a deputy clerk of the department of Revenue
458and served on the respondent. The date of filing must be
459indicated on the face of the order at the time of rendition.
460     (j)  "Respondent" means the person or persons served by the
461department of Revenue with a notice of proceeding pursuant to
462subsection (4). The term includes the alleged putative father
463and may include the mother or the caregiver custodian of the
464child.
465     (k)  "This state" or "the state" means the State of
466Florida.
467     (2)  JURISDICTION; LOCATION OF HEARINGS; RIGHT OF ACCESS TO
468THE COURTS.-
469     (a)  The department of Revenue may commence a paternity
470proceeding or a paternity and child support proceeding as
471provided in subsection (4) if:
472     1.  The child's paternity has not been established.
473     2.  No one is named as the father on the child's birth
474certificate or the person named as the father is the alleged
475putative father named in an affidavit or a written declaration
476as provided in subparagraph 5.
477     3.  The child's mother was unmarried when the child was
478conceived and born.
479     4.  The department of Revenue is providing services under
480Title IV-D.
481     5.  The child's mother or an alleged a putative father has
482stated in an affidavit, or in a written declaration as provided
483in s. 92.525(2) that the alleged putative father is or may be
484the child's biological father. The affidavit or written
485declaration must set forth the factual basis for the allegation
486of paternity as provided in s. 742.12(2).
487     (b)  If the department of Revenue receives a request from
488another state to assist in the establishment of paternity, the
489department may serve an order to appear for genetic testing on a
490person who resides in this state and transmit the test results
491to the other state without commencing a paternity proceeding in
492this state.
493     (c)  The department of Revenue may use the procedures
494authorized by this section against a nonresident over whom this
495state may assert personal jurisdiction under chapter 48 or
496chapter 88.
497     (d)  If an alleged a putative father, mother, or caregiver
498custodian in a Title IV-D case voluntarily submits to genetic
499testing, the department of Revenue may schedule that individual
500or the child for genetic testing without serving that individual
501with an order to appear for genetic testing. A respondent or
502other person who is subject to an order to appear for genetic
503testing may waive, in writing or on the record at an
504administrative hearing, formal service of notices or orders or
505waive any other rights or time periods prescribed by this
506section.
507     (e)  Whenever practicable, hearings held by the Division of
508Administrative Hearings pursuant to this section shall be held
509in the judicial circuit where the person receiving services
510under Title IV-D resides or, if the person receiving services
511under Title IV-D does not reside in this state, in the judicial
512circuit where the respondent resides. If the department of
513Revenue and the respondent agree, the hearing may be held in
514another location. If ordered by the administrative law judge,
515the hearing may be conducted telephonically or by
516videoconference.
517     (f)  The Legislature does not intend to limit the
518jurisdiction of the circuit courts to hear and determine issues
519regarding establishment of paternity. This section is intended
520to provide the department of Revenue with an alternative
521procedure for establishing paternity and child support
522obligations in Title IV-D cases. This section does not prohibit
523a person who has standing from filing a civil action in circuit
524court for a determination of paternity or of child support
525obligations.
526     (g)  Section 409.2563(2)(e), (f), and (g) apply to a
527proceeding under this section.
528     (3)  MULTIPLE ALLEGED PUTATIVE FATHERS; MULTIPLE CHILDREN.-
529If more than one alleged putative father has been named, the
530department of Revenue may proceed under this section against a
531single alleged putative father or may proceed simultaneously
532against more than one alleged putative father. If an alleged a
533putative father has been named as a possible father of more than
534one child born to the same mother, the department may proceed to
535establish the paternity of each child in the same proceeding.
536     (4)  NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR
537PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC
538TESTING; MANNER OF SERVICE; CONTENTS.-The department of Revenue
539shall commence a proceeding to determine paternity, or a
540proceeding to determine both paternity and child support, by
541serving the respondent with a notice as provided in this
542section. An order to appear for genetic testing may be served at
543the same time as a notice of the proceeding or may be served
544separately. A copy of the affidavit or written declaration upon
545which the proceeding is based shall be provided to the
546respondent when notice is served. A notice or order to appear
547for genetic testing shall be served by certified mail,
548restricted delivery, return receipt requested, or in accordance
549with the requirements for service of process in a civil action.
550Service by certified mail is completed when the certified mail
551is received or refused by the addressee or by an authorized
552agent as designated by the addressee in writing. If a person
553other than the addressee signs the return receipt, the
554department shall attempt to reach the addressee by telephone to
555confirm whether the notice was received, and the department
556shall document any telephonic communications. If someone other
557than the addressee signs the return receipt, the addressee does
558not respond to the notice, and the department is unable to
559confirm that the addressee has received the notice, service is
560not completed and the department shall attempt to have the
561addressee served personally. For purposes of this section, an
562employee or an authorized agent of the department may serve the
563notice or order to appear for genetic testing and execute an
564affidavit of service. The department may serve an order to
565appear for genetic testing on a caregiver custodian. The
566department shall provide a copy of the notice or order to appear
567by regular mail to the mother and caregiver custodian, if they
568are not respondents.
569     (a)  A notice of proceeding to establish paternity must
570state:
571     1.  That the department has commenced an administrative
572proceeding to establish whether the alleged putative father is
573the biological father of the child named in the notice.
574     2.  The name and date of birth of the child and the name of
575the child's mother.
576     3.  That the alleged putative father has been named in an
577affidavit or written declaration that states the alleged
578putative father is or may be the child's biological father.
579     4.  That the respondent is required to submit to genetic
580testing.
581     5.  That genetic testing will establish either a high
582degree of probability that the alleged putative father is the
583biological father of the child or that the alleged putative
584father cannot be the biological father of the child.
585     6.  That if the results of the genetic test do not indicate
586a statistical probability of paternity that equals or exceeds 99
587percent, the paternity proceeding in connection with that child
588shall cease unless a second or subsequent test is required.
589     7.  That if the results of the genetic test indicate a
590statistical probability of paternity that equals or exceeds 99
591percent, the department may:
592     a.  Issue a proposed order of paternity that the respondent
593may consent to or contest at an administrative hearing; or
594     b.  Commence a proceeding, as provided in s. 409.2563, to
595establish an administrative support order for the child. Notice
596of the proceeding shall be provided to the respondent by regular
597mail.
598     8.  That, if the genetic test results indicate a
599statistical probability of paternity that equals or exceeds 99
600percent and a proceeding to establish an administrative support
601order is commenced, the department shall issue a proposed order
602that addresses paternity and child support. The respondent may
603consent to or contest the proposed order at an administrative
604hearing.
605     9.  That if a proposed order of paternity or proposed order
606of both paternity and child support is not contested, the
607department shall adopt the proposed order and render a final
608order that establishes paternity and, if appropriate, an
609administrative support order for the child.
610     10.  That, until the proceeding is ended, the respondent
611shall notify the department in writing of any change in the
612respondent's mailing address and that the respondent shall be
613deemed to have received any subsequent order, notice, or other
614paper mailed to the most recent address provided or, if a more
615recent address is not provided, to the address at which the
616respondent was served, and that this requirement continues if
617the department renders a final order that establishes paternity
618and a support order for the child.
619     11.  That the respondent may file an action in circuit
620court for a determination of paternity, child support
621obligations, or both.
622     12.  That if the respondent files an action in circuit
623court and serves the department with a copy of the petition or
624complaint within 20 days after being served notice under this
625subsection, the administrative process ends without prejudice
626and the action must proceed in circuit court.
627     13.  That, if paternity is established, the alleged
628putative father may file a petition in circuit court for a
629determination of matters relating to custody and rights of
630parental contact.
631
632A notice under this paragraph must also notify the respondent of
633the provisions in s. 409.2563(4)(m) and (o).
634     (b)  A notice of proceeding to establish paternity and
635child support must state the requirements of paragraph (a),
636except for subparagraph (a)7., and must state the requirements
637of s. 409.2563(4), to the extent that the requirements of s.
638409.2563(4) are not already required by and do not conflict with
639this subsection. This section and s. 409.2563 apply to a
640proceeding commenced under this subsection.
641     (c)  The order to appear for genetic testing shall inform
642the person ordered to appear:
643     1.  That the department has commenced an administrative
644proceeding to establish whether the alleged putative father is
645the biological father of the child.
646     2.  The name and date of birth of the child and the name of
647the child's mother.
648     3.  That the alleged putative father has been named in an
649affidavit or written declaration that states the alleged
650putative father is or may be the child's biological father.
651     4.  The date, time, and place that the person ordered to
652appear must appear to provide a sample for genetic testing.
653     5.  That if the person has custody of the child whose
654paternity is the subject of the proceeding, the person must
655submit the child for genetic testing.
656     6.  That when the samples are provided, the person ordered
657to appear shall verify his or her identity and the identity of
658the child, if applicable, by presenting a form of identification
659as prescribed by s. 117.05(5)(b)2. that bears the photograph of
660the person who is providing the sample or other form of
661verification approved by the department.
662     7.  That if the person ordered to appear submits to genetic
663testing, the department shall pay the cost of the genetic
664testing and shall provide the person ordered to appear with a
665copy of any test results obtained.
666     8.  That if the person ordered to appear does not appear as
667ordered or refuses to submit to genetic testing without good
668cause, the department may take one or more of the following
669actions:
670     a.  Commence proceedings to suspend the driver's license
671and motor vehicle registration of the person ordered to appear,
672as provided in s. 61.13016;
673     b.  Impose an administrative fine against the person
674ordered to appear in the amount of $500; or
675     c.  File a petition in circuit court to establish paternity
676and obtain a support order for the child and an order for costs
677against the person ordered to appear, including costs for
678genetic testing.
679     9.  That the person ordered to appear may contest the order
680by filing a written request for informal discussion review
681within 15 days after the date of service of the order, with
682further rights to an administrative hearing following the
683informal discussion review.
684     (d)  If the alleged putative father is incarcerated, the
685correctional facility shall assist the alleged putative father
686in complying with an administrative order to appear for genetic
687testing issued under this section.
688     (e)  An administrative order to appear for genetic testing
689has the same force and effect as a court order.
690     (5)  RIGHT TO CONTEST ORDER TO APPEAR FOR GENETIC TESTING.-
691     (a)  The person ordered to appear may contest an order to
692appear for genetic testing by filing a written request for
693informal discussion review with the department of Revenue within
69415 days after the date of service of the order. The purpose of
695the informal discussion review is to provide the person ordered
696to appear with an opportunity to discuss the proceedings and the
697basis of the order. At the conclusion of the informal discussion
698review, the department shall notify the person ordered to
699appear, in writing, whether it intends to proceed with the order
700to appear. If the department notifies the person ordered to
701appear of its intent to proceed, the notice must inform the
702person ordered to appear of the right to contest the order at an
703administrative hearing.
704     (b)  Following an informal discussion review, within 15
705days after the mailing date of the department's Department of
706Revenue's notification that the department shall proceed with an
707order to appear for genetic testing, the person ordered to
708appear may file a request for an administrative hearing to
709contest whether the person should be required to submit to
710genetic testing. A request for an administrative hearing must
711state the specific reasons why the person ordered to appear
712believes he or she should not be required to submit to genetic
713testing as ordered. If the person ordered to appear files a
714timely request for a hearing, the department shall refer the
715hearing request to the Division of Administrative Hearings.
716Unless otherwise provided in this section, administrative
717hearings are governed by chapter 120 and the uniform rules of
718procedure. The administrative law judge assigned to the case
719shall issue an order as to whether the person must submit to
720genetic testing in accordance with the order to appear. The
721department or the person ordered to appear may seek immediate
722judicial review under s. 120.68 of an order issued by an
723administrative law judge pursuant to this paragraph.
724     (c)  If a timely request for an informal discussion review
725or an administrative hearing is filed, the department may not
726proceed under the order to appear for genetic testing and may
727not impose sanctions for failure or refusal to submit to genetic
728testing until:
729     1.  The department has notified the person of its intent to
730proceed after informal discussion review, and a timely request
731for hearing is not filed;
732     2.  The person ordered to appear withdraws the request for
733hearing or informal discussion review; or
734     3.  The Division of Administrative Hearings issues an order
735that the person must submit to genetic testing, or issues an
736order closing the division's file, and that an order has become
737final.
738     (d)  If a request for an informal discussion review or
739administrative hearing is not timely filed, the person ordered
740to appear is deemed to have waived the right to a hearing, and
741the department may proceed under the order to appear for genetic
742testing.
743     (6)  SCHEDULING OF GENETIC TESTING.-
744     (a)  The department of Revenue shall notify, in writing,
745the person ordered to appear of the date, time, and location of
746the appointment for genetic testing and of the requirement to
747verify his or her identity and the identity of the child, if
748applicable, when the samples are provided by presenting a form
749of identification as prescribed in s. 117.05(5)(b)2. that bears
750the photograph of the person who is providing the sample or
751other form of verification approved by the department. If the
752person ordered to appear is the alleged putative father or the
753mother, that person shall appear and submit to genetic testing.
754If the person ordered to appear is a caregiver custodian, or if
755the alleged putative father or the mother has custody of the
756child, that person must submit the child for genetic testing.
757     (b)  The department shall reschedule genetic testing:
758     1.  One time without cause if, in advance of the initial
759test date, the person ordered to appear requests the department
760to reschedule the test.
761     2.  One time if the person ordered to appear shows good
762cause for failure to appear for a scheduled test.
763     3.  One time upon request of a person ordered to appear
764against whom sanctions have been imposed as provided in
765subsection (7).
766
767A claim of good cause for failure to appear shall be filed with
768the department within 10 days after the scheduled test date and
769must state the facts and circumstances supporting the claim. The
770department shall notify the person ordered to appear, in
771writing, whether it accepts or rejects the person's claim of
772good cause. There is not a separate right to a hearing on the
773department's decision to accept or reject the claim of good
774cause because the person ordered to appear may raise good cause
775as a defense to any proceeding initiated by the department under
776subsection (7).
777     (c)  A person ordered to appear may obtain a second genetic
778test by filing a written request for a second test with the
779department within 15 days after the date of mailing of the
780initial genetic testing results and by paying the department in
781advance for the full cost of the second test.
782     (d)  The department may schedule and require a subsequent
783genetic test if it has reason to believe the results of the
784preceding genetic test may not be reliable.
785     (e)  Except as provided in paragraph (c) and subsection
786(7), the department shall pay for the cost of genetic testing
787ordered under this section.
788     (7)  FAILURE OR REFUSAL TO SUBMIT TO GENETIC TESTING.-If a
789person who is served with an order to appear for genetic testing
790fails to appear without good cause or refuses to submit to
791testing without good cause, the department may take one or more
792of the following actions:
793     (a)  Commence a proceeding to suspend the driver's license
794and motor vehicle registration of the person ordered to appear,
795as provided in s. 61.13016;
796     (b)  Impose an administrative fine against the person
797ordered to appear in the amount of $500; or
798     (c)  File a petition in circuit court to establish
799paternity, obtain a support order for the child, and seek
800reimbursement from the person ordered to appear for the full
801cost of genetic testing incurred by the department.
802
803As provided in s. 322.058(2), a suspended driver's license and
804motor vehicle registration may be reinstated when the person
805ordered to appear complies with the order to appear for genetic
806testing. The department may collect an administrative fine
807imposed under this subsection by using civil remedies or other
808statutory means available to the department for collecting
809support.
810     (8)  GENETIC-TESTING RESULTS.-The department shall send a
811copy of the genetic-testing results to the alleged putative
812father, to the mother, to the caregiver custodian, and to the
813other state, if applicable. If the genetic-testing results,
814including second or subsequent genetic-testing results, do not
815indicate a statistical probability of paternity that equals or
816exceeds 99 percent, the paternity proceeding in connection with
817that child shall cease.
818     (9)  PROPOSED ORDER OF PATERNITY; COMMENCEMENT OF
819PROCEEDING TO ESTABLISH ADMINISTRATIVE SUPPORT ORDER; PROPOSED
820ORDER OF PATERNITY AND CHILD SUPPORT.-
821     (a)  If a paternity proceeding has been commenced under
822this section and the results of genetic testing indicate a
823statistical probability of paternity that equals or exceeds 99
824percent, the department of Revenue may:
825     1.  Issue a proposed order of paternity as provided in
826paragraph (b); or
827     2.  If appropriate, delay issuing a proposed order of
828paternity and commence, by regular mail, an administrative
829proceeding to establish a support order for the child pursuant
830to s. 409.2563 and issue a single proposed order that addresses
831paternity and child support.
832     (b)  A proposed order of paternity must:
833     1.  State proposed findings of fact and conclusions of law.
834     2.  Include a copy of the results of genetic testing.
835     3.  Include notice of the respondent's right to informal
836discussion review and to contest the proposed order of paternity
837at an administrative hearing.
838     (c)  If a paternity and child support proceeding has been
839commenced under this section and the results of genetic testing
840indicate a statistical probability of paternity that equals or
841exceeds 99 percent, the department of Revenue may issue a single
842proposed order that addresses paternity as provided in this
843section and child support as provided in s. 409.2563.
844     (d)  The department of Revenue shall serve a proposed order
845issued under this section on the respondent by regular mail and
846shall provide a copy by regular mail to the mother or caregiver
847custodian if they are not respondents.
848     (10)  INFORMAL DISCUSSION REVIEW; ADMINISTRATIVE HEARING;
849PRESUMPTION OF PATERNITY.-
850     (a)  Within 10 days after the date of mailing or other
851service of a proposed order of paternity, the respondent may
852contact a representative of the department of Revenue at the
853address or telephone number provided to request an informal
854discussion review of the proposed order. If an informal
855discussion review is timely requested, the time for requesting a
856hearing is extended until 10 days after the department mails
857notice to the respondent that the informal discussion review has
858been concluded.
859     (b)  Within 20 days after the mailing date of the proposed
860order or within 10 days after the mailing date of notice that an
861informal discussion review has been concluded, whichever is
862later, the respondent may request an administrative hearing by
863filing a written request for a hearing with the department of
864Revenue. A request for a hearing must state the specific
865objections to the proposed order, the specific objections to the
866genetic testing results, or both. A respondent who fails to file
867a timely request for a hearing is deemed to have waived the
868right to a hearing.
869     (c)  If the respondent files a timely request for a
870hearing, the department of Revenue shall refer the hearing
871request to the Division of Administrative Hearings. Unless
872otherwise provided in this section or in s. 409.2563, chapter
873120 and the uniform rules of procedure govern the conduct of the
874proceedings.
875     (d)  The genetic-testing results shall be admitted into
876evidence and made a part of the hearing record. For purposes of
877this section, a statistical probability of paternity that equals
878or exceeds 99 percent creates a presumption, as defined in s.
87990.304, that the alleged putative father is the biological
880father of the child. The presumption may be overcome only by
881clear and convincing evidence. The respondent or the department
882of Revenue may call an expert witness to refute or support the
883testing procedure or results or the mathematical theory on which
884they are based. Verified documentation of the chain of custody
885of the samples tested is competent evidence to establish the
886chain of custody.
887     (11)  FINAL ORDER ESTABLISHING PATERNITY OR PATERNITY AND
888CHILD SUPPORT; CONSENT ORDER; NOTICE TO OFFICE OF VITAL
889STATISTICS.-
890     (a)  If a hearing is held, the administrative law judge of
891the Division of Administrative Hearings shall issue a final
892order that adjudicates paternity or, if appropriate, paternity
893and child support. A final order of the administrative law judge
894constitutes final agency action by the department of Revenue.
895The Division of Administrative Hearings shall transmit any such
896order to the department for filing and rendering.
897     (b)  If the respondent does not file a timely request for a
898hearing or consents in writing to entry of a final order without
899a hearing, the department of Revenue may render a final order of
900paternity or a final order of paternity and child support, as
901appropriate.
902     (c)  The department of Revenue shall mail a copy of the
903final order to the alleged putative father, the mother, and the
904caregiver custodian, if any. The department shall notify the
905respondent of the right to seek judicial review of a final order
906in accordance with s. 120.68.
907     (d)  Upon rendering a final order of paternity or a final
908order of paternity and child support, the department of Revenue
909shall notify the Division of Vital Statistics of the Department
910of Health that the paternity of the child has been established.
911     (e)  A final order rendered pursuant to this section has
912the same effect as a judgment entered by the court pursuant to
913chapter 742.
914     (f)  The provisions of s. 409.2563 that apply to a final
915administrative support order rendered under that section apply
916to a final order rendered under this section when a child
917support obligation is established.
918     (12)  RIGHT TO JUDICIAL REVIEW.-A respondent has the right
919to seek judicial review, in accordance with s. 120.68, of a
920final order rendered under subsection (11) and an order issued
921under paragraph (5)(b). The department of Revenue has the right
922to seek judicial review, in accordance with s. 120.68, of a
923final order issued by an administrative law judge under
924subsection (11) and an order issued by an administrative law
925judge under paragraph (5)(b).
926     (13)  DUTY TO PROVIDE AND MAINTAIN CURRENT MAILING
927ADDRESS.-Until a proceeding that has been commenced under this
928section has ended, a respondent who is served with a notice of
929proceeding must inform the department of Revenue in writing of
930any change in the respondent's mailing address and is deemed to
931have received any subsequent order, notice, or other paper
932mailed to that address, or the address at which the respondent
933was served, if the respondent has not provided a more recent
934address.
935     (14)  PROCEEDINGS IN CIRCUIT COURT.-The results of genetic
936testing performed pursuant to this section are admissible as
937evidence to the same extent as scientific testing ordered by the
938court pursuant to chapter 742.
939     (15)  GENDER NEUTRAL.-This section shall be construed
940impartially, regardless of a person's gender, and applies with
941equal force to the mother of a child whose paternity has not
942been established and is not presumed by law.
943     (16)  REMEDIES SUPPLEMENTAL.-The remedies provided in this
944section are supplemental and in addition to other remedies
945available to the department for the establishment of paternity
946and child support obligations.
947     (17)  RULEMAKING AUTHORITY.-The department may adopt rules
948to implement this section.
949     Section 8.  Paragraph (b) of subsection (1), paragraph (d)
950of subsection (2), subsection (4), paragraphs (a) and (b) of
951subsection (5), paragraphs (d) and (e) of subsection (7), and
952subsection (13) of section 409.2563, Florida Statutes, are
953amended to read:
954     409.2563  Administrative establishment of child support
955obligations.-
956     (1)  DEFINITIONS.-As used in this section, the term:
957     (b)  "Caregiver Caretaker relative" means a person other
958than the mother, father, or alleged father who has physical
959custody of a child or with whom the child primarily resides has
960the same meaning ascribed in s. 414.0252(11).
961
962Other terms used in this section have the meanings ascribed in
963ss. 61.046 and 409.2554.
964     (2)  PURPOSE AND SCOPE.-
965     (d)  Either parent, or a caregiver caretaker relative if
966applicable, may at any time file a civil action in a circuit
967court having jurisdiction and proper venue to determine parental
968support obligations, if any. A support order issued by a circuit
969court prospectively supersedes an administrative support order
970rendered by the department.
971     (4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
972SUPPORT ORDER.-To commence a proceeding under this section, the
973department shall provide to the parent from whom support is not
974being sought and serve the parent from whom support is being
975sought with a notice of proceeding to establish administrative
976support order and a blank financial affidavit form. The notice
977must state:
978     (a)  The names of both parents, the name of the caregiver
979caretaker relative, if any, and the name and date of birth of
980the child or children;
981     (b)  That the department intends to establish an
982administrative support order as defined in this section;
983     (c)  That both parents must submit a completed financial
984affidavit to the department within 20 days after receiving the
985notice, as provided by paragraph (13)(a);
986     (d)  That both parents, or a parent and the caregiver
987caretaker relative if applicable, are required to furnish to the
988department information regarding their identities and locations,
989as provided by paragraph (13)(b);
990     (e)  That both parents, or a parent and the caregiver
991caretaker relative if applicable, are required to promptly
992notify the department of any change in their mailing addresses
993to ensure receipt of all subsequent pleadings, notices, and
994orders, as provided by paragraph (13)(c);
995     (f)  That the department will calculate support obligations
996based on the child support guidelines schedule in s. 61.30 and
997using all available information, as provided by paragraph
998(5)(a), and will incorporate such obligations into a proposed
999administrative support order;
1000     (g)  That the department will send by regular mail to both
1001parents, or to a parent and the caregiver caretaker relative if
1002applicable, a copy of the proposed administrative support order,
1003the department's child support worksheet, and any financial
1004affidavits submitted by a parent or prepared by the department;
1005     (h)  That the parent from whom support is being sought may
1006file a request for a hearing in writing within 20 days after the
1007date of mailing or other service of the proposed administrative
1008support order or will be deemed to have waived the right to
1009request a hearing;
1010     (i)  That if the parent from whom support is being sought
1011does not file a timely request for hearing after service of the
1012proposed administrative support order, the department will issue
1013an administrative support order that incorporates the findings
1014of the proposed administrative support order, and will send by
1015regular mail a copy of the administrative support order to both
1016parents, or a parent and the caregiver caretaker relative if
1017applicable;
1018     (j)  That after an administrative support order is
1019rendered, the department will file a copy of the order with the
1020clerk of the circuit court;
1021     (k)  That after an administrative support order is
1022rendered, the department may enforce the administrative support
1023order by any lawful means;
1024     (l)  That either parent, or the caregiver caretaker
1025relative if applicable, may file at any time a civil action in a
1026circuit court having jurisdiction and proper venue to determine
1027parental support obligations, if any, and that a support order
1028issued by a circuit court supersedes an administrative support
1029order rendered by the department;
1030     (m)  That, neither the department nor the Division of
1031Administrative Hearings has jurisdiction to award or change
1032child custody or rights of parental contact or time-sharing and
1033these issues may only be addressed in circuit court.
1034     1.  The parent from whom support is being sought may
1035request in writing that the department proceed in circuit court
1036to determine his or her support obligations.
1037     2.  The parent from whom support is being sought may state
1038in writing to the department his or her intention to address
1039issues concerning custody or rights to parental contact in
1040circuit court.
1041     3.  If the parent from whom support is being sought submits
1042the request authorized in subparagraph 1., or the statement
1043authorized in subparagraph 2. to the department within 20 days
1044after the receipt of the initial notice, the department shall
1045file a petition in circuit court for the determination of the
1046parent's child support obligations, and shall send to the parent
1047from whom support is being sought a copy of its petition, a
1048notice of commencement of action, and a request for waiver of
1049service of process as provided in the Florida Rules of Civil
1050Procedure.
1051     4.  If, within 10 days after receipt of the department's
1052petition and waiver of service, the parent from whom support is
1053being sought signs and returns the waiver of service form to the
1054department, the department shall terminate the administrative
1055proceeding without prejudice and proceed in circuit court.
1056     5.  In any circuit court action filed by the department
1057pursuant to this paragraph or filed by a parent from whom
1058support is being sought or other person pursuant to paragraph
1059(l) or paragraph (n), the department shall be a party only with
1060respect to those issues of support allowed and reimbursable
1061under Title IV-D of the Social Security Act. It is the
1062responsibility of the parent from whom support is being sought
1063or other person to take the necessary steps to present other
1064issues for the court to consider.
1065     (n)  That if the parent from whom support is being sought
1066files an action in circuit court and serves the department with
1067a copy of the petition within 20 days after being served notice
1068under this subsection, the administrative process ends without
1069prejudice and the action must proceed in circuit court;
1070     (o)  Information provided by the Office of State Courts
1071Administrator concerning the availability and location of self-
1072help programs for those who wish to file an action in circuit
1073court but who cannot afford an attorney.
1074
1075The department may serve the notice of proceeding to establish
1076administrative support order by certified mail, restricted
1077delivery, return receipt requested. Alternatively, the
1078department may serve the notice by any means permitted for
1079service of process in a civil action. For purposes of this
1080section, an authorized employee of the department may serve the
1081notice and execute an affidavit of service. Service by certified
1082mail is completed when the certified mail is received or refused
1083by the addressee or by an authorized agent as designated by the
1084addressee in writing. If a person other than the addressee signs
1085the return receipt, the department shall attempt to reach the
1086addressee by telephone to confirm whether the notice was
1087received, and the department shall document any telephonic
1088communications. If someone other than the addressee signs the
1089return receipt, the addressee does not respond to the notice,
1090and the department is unable to confirm that the addressee has
1091received the notice, service is not completed and the department
1092shall attempt to have the addressee served personally. The
1093department shall provide the parent from whom support is not
1094being sought or the caregiver caretaker relative with a copy of
1095the notice by regular mail to the last known address of the
1096parent from whom support is not being sought or the caregiver
1097caretaker.
1098     (5)  PROPOSED ADMINISTRATIVE SUPPORT ORDER.-
1099     (a)  After serving notice upon a parent in accordance with
1100subsection (4), the department shall calculate that parent's
1101child support obligation under the child support guidelines
1102schedule as provided by s. 61.30, based on any timely financial
1103affidavits received and other information available to the
1104department. If either parent fails to comply with the
1105requirement to furnish a financial affidavit, the department may
1106proceed on the basis of information available from any source,
1107if such information is sufficiently reliable and detailed to
1108allow calculation of guideline schedule amounts under s. 61.30.
1109If a parent receives public assistance and fails to submit a
1110financial affidavit, the department may submit a financial
1111affidavit or written declaration for that parent pursuant to s.
111261.30(15). If there is a lack of sufficient reliable information
1113concerning a parent's actual earnings for a current or past
1114period, it shall be presumed for the purpose of establishing a
1115support obligation that the parent had an earning capacity equal
1116to the federal minimum wage during the applicable period.
1117     (b)  The department shall send by regular mail to both
1118parents, or to a parent and the caregiver caretaker relative if
1119applicable, copies of the proposed administrative support order,
1120its completed child support worksheet, and any financial
1121affidavits submitted by a parent or prepared by the department.
1122The proposed administrative support order must contain the same
1123elements as required for an administrative support order under
1124paragraph (7)(e).
1125     (7)  ADMINISTRATIVE SUPPORT ORDER.-
1126     (d)  The department shall send by regular mail a copy of
1127the administrative support order, or the final order denying an
1128administrative support order, to both parents, or a parent and
1129the caregiver caretaker relative if applicable. The parent from
1130whom support is being sought shall be notified of the right to
1131seek judicial review of the administrative support order in
1132accordance with s. 120.68.
1133     (e)  An administrative support order must comply with ss.
113461.13(1) and 61.30. The department shall develop a standard form
1135or forms for administrative support orders. An administrative
1136support order must provide and state findings, if applicable,
1137concerning:
1138     1.  The full name and date of birth of the child or
1139children;
1140     2.  The name of the parent from whom support is being
1141sought and the other parent or the caregiver caretaker relative;
1142     3.  The parent's duty and ability to provide support;
1143     4.  The amount of the parent's monthly support obligation;
1144     5.  Any obligation to pay retroactive support;
1145     6.  The parent's obligation to provide for the health care
1146needs of each child, whether through health insurance,
1147contribution towards the cost of health insurance, payment or
1148reimbursement of health care expenses for the child, or any
1149combination thereof;
1150     7.  The beginning date of any required monthly payments and
1151health insurance;
1152     8.  That all support payments ordered must be paid to the
1153Florida State Disbursement Unit as provided by s. 61.1824;
1154     9.  That the parents, or the caregiver caretaker relative
1155if applicable, must file with the department when the
1156administrative support order is rendered, if they have not
1157already done so, and update as appropriate the information
1158required pursuant to paragraph (13)(b);
1159     10.  That both parents, or a parent and the caregiver
1160caretaker relative if applicable, are required to promptly
1161notify the department of any change in their mailing addresses
1162pursuant to paragraph (13)(c); and
1163     11.  That if the parent ordered to pay support receives
1164unemployment compensation benefits, the payor shall withhold,
1165and transmit to the department, 40 percent of the benefits for
1166payment of support, not to exceed the amount owed.
1167
1168An income deduction order as provided by s. 61.1301 must be
1169incorporated into the administrative support order or, if not
1170incorporated into the administrative support order, the
1171department or the Division of Administrative Hearings shall
1172render a separate income deduction order.
1173     (13)  REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT TO
1174ADDRESS OF RECORD.-In all proceedings pursuant to this section:
1175     (a)  Each parent must execute and furnish to the
1176department, no later than 20 days after receipt of the notice of
1177proceeding to establish administrative support order, a
1178financial affidavit in the form prescribed by the department. An
1179updated financial affidavit must be executed and furnished to
1180the department at the inception of each proceeding to modify an
1181administrative support order. A caregiver is Caretaker relatives
1182are not required to furnish a financial affidavit affidavits.
1183     (b)  Each parent and the caregiver caretaker relative if
1184applicable, shall disclose to the department, no later than 20
1185days after receipt of the notice of proceeding to establish
1186administrative support order, and update as appropriate,
1187information regarding his or her identity and location,
1188including names he or she is known by; social security number;
1189residential and mailing addresses; telephone numbers; driver's
1190license numbers; and names, addresses, and telephone numbers of
1191employers. Pursuant to the federal Personal Responsibility and
1192Work Opportunity Reconciliation Act of 1996, each person must
1193provide his or her social security number in accordance with
1194this section. Disclosure of social security numbers obtained
1195through this requirement shall be limited to the purpose of
1196administration of the Title IV-D program for child support
1197enforcement.
1198     (c)  Each parent and the caregiver caretaker relative, if
1199applicable, has a continuing obligation to promptly inform the
1200department in writing of any change in his or her mailing
1201address to ensure receipt of all subsequent pleadings, notices,
1202payments, statements, and orders, and receipt is presumed if
1203sent by regular mail to the most recent address furnished by the
1204person.
1205     Section 9.  Subsection (7) of section 409.25635, Florida
1206Statutes, is amended to read:
1207     409.25635  Determination and collection of noncovered
1208medical expenses.-
1209     (7)  COLLECTION ACTION; ADMINISTRATIVE REMEDIES.-Any
1210administrative remedy available for collection of support may be
1211used to collect noncovered medical expenses that are determined
1212or established under this section. The department may collect
1213noncovered medical expenses in installments by adding a periodic
1214payment to an income deduction notice issued by the department.
1215     Section 10.  Effective November 1, 2010, subsections (4),
1216(5), (7), (8), (9), and (11) of section 409.2564, Florida
1217Statutes, are amended to read:
1218     409.2564  Actions for support.-
1219     (4)  Whenever the Department of Revenue has undertaken an
1220action for enforcement of support, the Department of Revenue may
1221enter into an agreement with the obligor for the entry of a
1222judgment determining paternity, if applicable, and for periodic
1223child support payments based on the child support guidelines
1224schedule in s. 61.30. Prior to entering into this agreement, the
1225obligor shall be informed that a judgment will be entered based
1226on the agreement. The clerk of the court shall file the
1227agreement without the payment of any fees or charges, and the
1228court, upon entry of the judgment, shall forward a copy of the
1229judgment to the parties to the action. To encourage out-of-court
1230settlement and promote support order compliance, if the obligor
1231and the Department of Revenue agree on entry of a support order
1232and its terms, the guideline amount owed for retroactive support
1233that is permanently assigned to the state shall be reduced by 25
1234percent.
1235     (5)  Whenever the department IV-D agency has undertaken an
1236action to determine paternity, to establish an obligation of
1237support, or to enforce or modify an obligation of support, the
1238department IV-D agency shall be a party to the action only for
1239those purposes allowed under Title IV-D of the Social Security
1240Act. The program attorney shall be the attorney of record solely
1241for the purposes of support enforcement as authorized under
1242Title IV-D and may prosecute only those activities which are
1243eligible for federal financial participation under Title IV-D.
1244An attorney-client relationship exists only between the
1245department and the legal services providers in all Title IV-D
1246cases. The attorney shall advise the obligee in Title IV-D cases
1247that the attorney represents the agency and not the obligee.
1248     (7)  The director of the department Title IV-D agency, or
1249the director's designee, is authorized to subpoena from any
1250person financial and other information necessary to establish,
1251modify, or enforce a child support order.
1252     (a)  For the purpose of establishing or modifying a child
1253support order, or enforcing a support order, the director of the
1254department this or another state's Title IV-D agency, or any
1255employee designated by the director of the department this
1256state's Title IV-D agency or authorized under another state's
1257law, may administer oaths or affirmations, subpoena witnesses
1258and compel their attendance, take evidence and require the
1259production of any matter which is relevant to the support
1260action, including the existence, description, nature, custody,
1261condition, and location of any books, documents, or other
1262tangible things and the identity and location of persons having
1263knowledge of relevant facts or any other matter reasonably
1264calculated to lead to the discovery of material evidence.
1265     (b)  Subpoenas issued by the department this or another any
1266other state's Title IV-D agency may be challenged in accordance
1267with s. 120.569(2)(k)1. While a subpoena is being challenged,
1268the department Title IV-D agency may not impose a fine as
1269provided for under paragraph (c) until the challenge is complete
1270and the subpoena has been found to be valid.
1271     (c)  The department Title IV-D agency is authorized to
1272impose a fine for failure to comply with a subpoena. Failure to
1273comply with the subpoena, or to challenge the subpoena as
1274provided in paragraph (b), within 15 days after service of the
1275subpoena may result in the agency taking the following actions:
1276     1.  Imposition of an administrative fine of not more than
1277$500.
1278     2.  Enforcement of the subpoena as provided in s.
1279120.569(2)(k)2. When the subpoena is enforced pursuant to s.
1280120.569(2)(k)2., the court may award costs and fees to the
1281prevailing party in accordance with that section.
1282     (d)  The department Title IV-D agency may seek to collect
1283administrative fines imposed pursuant to paragraph (c) by filing
1284a petition in the circuit court of the judicial circuit in which
1285the person against whom the fine was imposed resides. All fines
1286collected pursuant to this subsection shall be deposited into
1287the Child Support Enforcement Application and Program Revenue
1288Trust Fund.
1289     (8)  In cases in which support is subject to an assignment
1290as provided under 45 C.F.R. s. 301.1, the department Title IV-D
1291agency shall, upon providing notice to the obligor and obligee,
1292direct the obligor or other payor to change the payee to the
1293appropriate depository.
1294     (9)(a)  For the purpose of securing delinquent support, the
1295department Title IV-D agency may increase the amount of the
1296monthly support obligation to include amounts for delinquencies,
1297subject to such conditions or limitations as set forth in
1298paragraph (b).
1299     (b)  In support obligations not subject to income
1300deduction, the department Title IV-D agency shall notify the
1301obligor of his or her delinquency and of the department's intent
1302to require an additional 20 percent of the monthly obligation
1303amount to allow for collection of the delinquency unless, within
130420 days, the obligor:
1305     1.  Pays the delinquency in full; or
1306     2.  Files a petition with the circuit court to contest the
1307delinquency action.
1308     (11)(a)  The department Title IV-D agency shall review
1309child support orders in IV-D cases at least every 3 years upon
1310request by either party, or the agency in cases where there is
1311an assignment of support to the state under s. 414.095(7), and
1312may seek modification adjustment of the order if appropriate
1313under the guidelines schedule established in s. 61.30. Not less
1314than once every 3 years the department IV-D agency shall provide
1315notice to the parties subject to the order informing them of
1316their right to request a review and, if appropriate, a
1317modification an adjustment of the child support order. The Said
1318notice requirement may be met by including appropriate language
1319in the initial support order or any subsequent orders.
1320     (b)  If the department's review of a support order entered
1321by the circuit court indicates that the order should be
1322modified, the department, through counsel, shall file a petition
1323to modify the order with the court. Along with the petition, the
1324department shall file a child support guideline worksheet, any
1325financial affidavits received from the parties or completed by
1326the department as part of the support order review, a proposed
1327modified order, and a notice that informs the parties of the
1328requirement to file an objection or a request for hearing with
1329the court if the party wants a court hearing on the petition to
1330modify. A copy of the petition, proposed order, and other
1331documents shall be served by regular mail on a party who
1332requested support order review or who responded to the
1333department during the review. A party who did not request the
1334support order review or respond to the department during the
1335review shall be served by certified mail, return receipt
1336requested, or restricted delivery, or served personally in any
1337manner authorized under chapter 48.
1338     (c)  To obtain a court hearing on a petition to modify, a
1339party who is served by regular mail must file an objection to
1340the proposed order or a request for hearing with the court
1341within 30 days after the date on which the petition, proposed
1342order, and other documents were mailed. If a party is served
1343personally or by certified mail, to obtain a court hearing the
1344party must file an objection to the proposed order or a request
1345for hearing with the court within 30 days after the date of
1346receipt of the petition, proposed order, and other documents.
1347     (d)  If a timely objection or request for hearing is not
1348filed with the court, the court may modify the support order
1349without a hearing in accordance with the terms of the proposed
1350order.
1351     (e)  If a support order does not provide for payment of
1352noncovered medical expenses or require health insurance for the
1353minor child and health insurance is accessible to the child and
1354available at a reasonable cost, the department shall seek to
1355have the order modified and any modification shall be made
1356without a requirement for proof or showing of a change in
1357circumstances.
1358     Section 11.  Subsection (5) of section 409.2567, Florida
1359Statutes, is amended to read:
1360     409.2567  Services to individuals not otherwise eligible.-
1361     (5)  The Department of Revenue may shall seek a waiver from
1362the Secretary of the United States Department of Health and
1363Human Services to authorize the Department of Revenue to provide
1364services in accordance with Title IV-D of the Social Security
1365Act to individuals who are owed support without need of an
1366application. The department may seek a waiver if it determines
1367that the estimated increase in federal funding to the state
1368would exceed any additional cost to the state if the waiver is
1369granted. If the waiver is granted, the Department of Revenue
1370shall adopt rules to implement the waiver and begin providing
1371Title IV-D services if support payments are not being paid as
1372ordered, except that the individual first must be given written
1373notice of the right to refuse Title IV-D services and a
1374reasonable opportunity to respond.
1375     Section 12.  Subsection (3) of section 409.259, Florida
1376Statutes, is amended to read:
1377     409.259  Filing fees in Title IV-D cases; electronic filing
1378of pleadings, returns of service, and other papers.-
1379     (3)  The clerks of the circuit court, chief judges through
1380the Office of the State Courts Administrator, sheriffs, Office
1381of the Attorney General, and Department of Revenue shall work
1382cooperatively to implement electronic filing of pleadings,
1383returns of service, and other papers with the clerks of the
1384circuit court in Title IV-D cases upon completion of the
1385department's Child Support Automated Management System II by
1386October 1, 2009.
1387     Section 13.  Paragraph (a) of subsection (20) of section
1388409.910, Florida Statutes, is amended to read:
1389     409.910  Responsibility for payments on behalf of Medicaid-
1390eligible persons when other parties are liable.-
1391     (20)  Entities providing health insurance as defined in s.
1392624.603, health maintenance organizations and prepaid health
1393clinics as defined in chapter 641, and, on behalf of their
1394clients, third-party administrators and pharmacy benefits
1395managers as defined in s. 409.901(27) shall provide such records
1396and information as are necessary to accomplish the purpose of
1397this section, unless such requirement results in an unreasonable
1398burden.
1399     (a)  The director of the agency and the Director of the
1400Office of Insurance Regulation of the Financial Services
1401Commission shall enter into a cooperative agreement for
1402requesting and obtaining information necessary to effect the
1403purpose and objective of this section.
1404     1.  The agency shall request only that information
1405necessary to determine whether health insurance as defined
1406pursuant to s. 624.603, or those health services provided
1407pursuant to chapter 641, could be, should be, or have been
1408claimed and paid with respect to items of medical care and
1409services furnished to any person eligible for services under
1410this section.
1411     2.  All information obtained pursuant to subparagraph 1. is
1412confidential and exempt from s. 119.07(1). The agency shall
1413provide the information obtained pursuant to subparagraph 1. to
1414the Department of Revenue for purposes of administering the
1415Title IV-D program. The agency and the department shall enter
1416into a cooperative agreement for purposes of implementing this
1417subparagraph.
1418     3.  The cooperative agreement or rules adopted under this
1419subsection may include financial arrangements to reimburse the
1420reporting entities for reasonable costs or a portion thereof
1421incurred in furnishing the requested information. Neither the
1422cooperative agreement nor the rules shall require the automation
1423of manual processes to provide the requested information.
1424     Section 14.  Subsection (7) of section 414.095, Florida
1425Statutes, is amended to read:
1426     414.095  Determining eligibility for temporary cash
1427assistance.-
1428     (7)  ASSIGNMENT OF RIGHTS TO SUPPORT.-As a condition of
1429receiving temporary cash assistance, the family must assign to
1430the Department of Revenue any rights a member of a family may
1431have to support from any other person. This applies to any
1432family member; however, the assigned amounts must not exceed the
1433total amount of temporary cash assistance provided to the
1434family. The assignment of support does not apply if the family
1435leaves the program.
1436     Section 15.  Subsection (1) of section 741.01, Florida
1437Statutes, is amended to read:
1438     741.01  County court judge or clerk of the circuit court to
1439issue marriage license; fee.-
1440     (1)  Every marriage license shall be issued by a county
1441court judge or clerk of the circuit court under his or her hand
1442and seal. The county court judge or clerk of the circuit court
1443shall issue such license, upon application for the license, if
1444there appears to be no impediment to the marriage. An
1445application for a marriage license must allow both parties to
1446the marriage to state under oath and in writing if they are the
1447parents of a child born in the state and to identify any such
1448child they have in common by name, date of birth, place of
1449birth, and, if available, birth certificate number. The name of
1450any child recorded by both parties must be transmitted to the
1451Department of Health with the original marriage license and
1452endorsements. The county court judge or clerk of the circuit
1453court shall collect and receive a fee of $2 for receiving the
1454application for the issuance of a marriage license.
1455     Section 16.  Section 63.054, Florida Statutes, is amended
1456to read:
1457     63.054  Actions required by an unmarried biological father
1458to establish parental rights; Florida Alleged Putative Father
1459Registry.-
1460     (1)  In order to preserve the right to notice and consent
1461to an adoption under this chapter, an unmarried biological
1462father must, as the "registrant," file a notarized claim of
1463paternity form with the Florida Alleged Putative Father Registry
1464maintained by the Office of Vital Statistics of the Department
1465of Health which includes confirmation of his willingness and
1466intent to support the child for whom paternity is claimed in
1467accordance with state law. The claim of paternity may be filed
1468at any time before the child's birth, but may not be filed after
1469the date a petition is filed for termination of parental rights.
1470In each proceeding for termination of parental rights, the
1471petitioner must submit to the Office of Vital Statistics a copy
1472of the petition for termination of parental rights. The Office
1473of Vital Statistics may not record a claim of paternity after
1474the date a petition for termination of parental rights is filed.
1475The failure of an unmarried biological father to file a claim of
1476paternity with the registry before the date a petition for
1477termination of parental rights is filed also bars him from
1478filing a paternity claim under chapter 742.
1479     (a)  An unmarried biological father is excepted from the
1480time limitations for filing a claim of paternity with the
1481registry or for filing a paternity claim under chapter 742, if:
1482     1.  The mother identifies him to the adoption entity as a
1483potential biological father by the date she executes a consent
1484for adoption; and
1485     2.  He is served with a notice of intended adoption plan
1486pursuant to s. 63.062(3) and the 30-day mandatory response date
1487is later than the date the petition for termination of parental
1488rights is filed with the court.
1489     (b)  If an unmarried biological father falls within the
1490exception provided by paragraph (a), the petitioner shall also
1491submit to the Office of Vital Statistics a copy of the notice of
1492intended adoption plan and proof of service of the notice on the
1493potential biological father.
1494     (c)  An unmarried biological father who falls within the
1495exception provided by paragraph (a) may not file a claim of
1496paternity with the registry or a paternity claim under chapter
1497742 after the 30-day mandatory response date to the notice of
1498intended adoption plan has expired. The Office of Vital
1499Statistics may not record a claim of paternity 30 days after
1500service of the notice of intended adoption plan.
1501     (2)  By filing a claim of paternity form with the Office of
1502Vital Statistics, the registrant expressly consents to submit to
1503DNA testing upon the request of any party, the registrant, or
1504the adoption entity with respect to the child referenced in the
1505claim of paternity.
1506     (3)  The Office of Vital Statistics of the Department of
1507Health shall adopt by rule the appropriate claim of paternity
1508form in English, Spanish, and Creole in order to facilitate the
1509registration of an unmarried biological father with the Florida
1510Alleged Putative Father Registry and shall, within existing
1511resources, make these forms available through local offices of
1512the Department of Health and the Department of Children and
1513Family Services, the Internet websites of those agencies, and
1514the offices of the clerks of the circuit court. The claim of
1515paternity form shall be signed by the unmarried biological
1516father and must include his name, address, date of birth, and
1517physical description. In addition, the registrant shall provide,
1518if known, the name, address, date of birth, and physical
1519description of the mother; the date, place, and location of
1520conception of the child; and the name, date, and place of birth
1521of the child or estimated date of birth of the expected minor
1522child, if known. The claim of paternity form shall be signed
1523under oath by the registrant.
1524     (4)  Upon initial registration, or at any time thereafter,
1525the registrant may designate an address other than his
1526residential address for sending any communication regarding his
1527registration. Similarly, upon initial registration, or at any
1528time thereafter, the registrant may designate, in writing, an
1529agent or representative to receive any communication on his
1530behalf and receive service of process. The agent or
1531representative must file an acceptance of the designation, in
1532writing, in order to receive notice or service of process. The
1533failure of the designated representative or agent of the
1534registrant to deliver or otherwise notify the registrant of
1535receipt of correspondence from the Florida Alleged Putative
1536Father Registry is at the registrant's own risk and shall not
1537serve as a valid defense based upon lack of notice.
1538     (5)  The registrant may, at any time prior to the birth of
1539the child for whom paternity is claimed, execute a notarized
1540written revocation of the claim of paternity previously filed
1541with the Florida Alleged Putative Father Registry, and upon
1542receipt of such revocation, the claim of paternity shall be
1543deemed null and void. If a court determines that a registrant is
1544not the father of the minor or has no parental rights, the court
1545shall order the Department of Health to remove the registrant's
1546name from the registry.
1547     (6)  It is the obligation of the registrant or, if
1548designated under subsection (4), his designated agent or
1549representative to notify and update the Office of Vital
1550Statistics of any change of address or change in the designation
1551of an agent or representative. The failure of a registrant, or
1552designated agent or representative, to report any such change is
1553at the registrant's own risk and may not serve as a defense
1554based upon lack of notice, and the adoption entity or petitioner
1555has no further obligation to search for the registrant unless
1556the person petitioning for termination of parental rights or
1557adoption has actual notice of the registrant's address and
1558whereabouts from another source.
1559     (7)  In each proceeding for termination of parental rights
1560or each adoption proceeding in which parental rights are being
1561terminated simultaneously with entry of the final judgment of
1562adoption, as in a stepparent and relative adoption filed under
1563this chapter, the petitioner must contact the Office of Vital
1564Statistics by submitting an application for a search of the
1565Florida Alleged Putative Father Registry. The petitioner must
1566provide the same information, if known, on the search
1567application form that the registrant furnished under subsection
1568(3). Thereafter, the Office of Vital Statistics shall issue a
1569certificate signed by the State Registrar certifying:
1570     (a)  The identity and contact information, if any, for each
1571registered unmarried biological father whose information matches
1572the search request sufficiently so that such person may be
1573considered a possible father of the subject child; or
1574     (b)  That a diligent search has been made of the
1575registrants who may be the unmarried biological father of the
1576subject child and that no matching registration has been located
1577in the registry.
1578
1579The certificate must be filed with the court in the proceeding
1580to terminate parental rights or the adoption proceeding. If a
1581termination of parental rights and an adoption proceeding are
1582being adjudicated separately, the Florida Alleged Putative
1583Father Registry need only be searched for the termination of
1584parental rights proceeding.
1585     (8)  If an unmarried biological father does not know the
1586county in which the birth mother resides, gave birth, or intends
1587to give birth, he may initiate an action in any county in the
1588state, subject to the birth mother's right to change venue to
1589the county where she resides.
1590     (9)  The Department of Health shall establish and maintain
1591a Florida Alleged Putative Father Registry through its Office of
1592Vital Statistics, in accordance with the requirements of this
1593section. The Department of Health may charge a nominal fee to
1594cover the costs of filing and indexing the Florida Alleged
1595Putative Father Registry and the costs of searching the
1596registry.
1597     (10)  The Department of Health shall, within existing
1598resources, prepare and adopt by rule application forms for
1599initiating a search of the Florida Alleged Putative Father
1600Registry and shall make those forms available through the local
1601offices of the Department of Health and the Department of
1602Children and Family Services and the offices of the clerks of
1603the circuit court.
1604     (11)  The Department of Health shall produce and
1605distribute, within existing resources, a pamphlet or publication
1606informing the public about the Florida Alleged Putative Father
1607Registry and which is printed in English, Spanish, and Creole.
1608The pamphlet shall indicate the procedures for voluntary
1609acknowledgment of paternity, the consequences of acknowledgment
1610of paternity, the consequences of failure to acknowledge
1611paternity, and the address of the Florida Alleged Putative
1612Father Registry. Such pamphlets or publications shall be made
1613available for distribution at all offices of the Department of
1614Health and the Department of Children and Family Services and
1615shall be included in health class curricula taught in public and
1616charter schools in this state. The Department of Health shall
1617also provide such pamphlets or publications to hospitals,
1618adoption entities, libraries, medical clinics, schools,
1619universities, and providers of child-related services, upon
1620request. In cooperation with the Department of Highway Safety
1621and Motor Vehicles, each person applying for a Florida driver's
1622license, or renewal thereof, and each person applying for a
1623Florida identification card shall be offered the pamphlet or
1624publication informing the public about the Florida Alleged
1625Putative Father Registry.
1626     (12)  The Department of Health shall, within existing
1627resources, provide additional information about the Florida
1628Alleged Putative Father Registry and its services to the public
1629in English, Spanish, and Creole using public service
1630announcements, Internet websites, and such other means as it
1631deems appropriate.
1632     (13)  The filing of a claim of paternity with the Florida
1633Alleged Putative Father Registry does not excuse or waive the
1634obligation of a petitioner to comply with the requirements for
1635conducting a diligent search and inquiry with respect to the
1636identity of an unmarried biological father or legal father which
1637are set forth in this chapter.
1638     (14)  The Office of Vital Statistics of the Department of
1639Health is authorized to adopt rules to implement this section.
1640     Section 17.  Section 63.0541, Florida Statutes, is amended
1641to read:
1642     63.0541  Public records exemption for the Florida Alleged
1643Putative Father Registry.-
1644     (1)  All information contained in the Florida Alleged
1645Putative Father Registry is confidential and exempt from s.
1646119.07(1) and s. 24(a), Art. I of the State Constitution.
1647     (2)  Information made confidential and exempt by this
1648section shall be disclosed to:
1649     (a)  An adoption entity, upon the filing of a request for a
1650diligent search of the Florida Alleged Putative Father Registry
1651in connection with the planned adoption of a child.
1652     (b)  The registrant unmarried biological father, upon
1653receipt of a notarized request for a copy of his registry entry
1654only.
1655     (c)  The birth mother, upon receipt of a notarized request
1656for a copy of any registry entry in which she is identified as
1657the birth mother.
1658     (d)  The court, upon issuance of a court order concerning a
1659petitioner acting pro se in an action under this chapter.
1660     (3)  The database comprising the Florida Alleged Putative
1661Father Registry shall remain separate from all other databases.
1662     Section 18.  Paragraphs (b) and (c) of subsection (2) and
1663subsection (3) of section 63.062, Florida Statutes, are amended
1664to read:
1665     63.062  Persons required to consent to adoption; affidavit
1666of nonpaternity; waiver of venue.-
1667     (2)  In accordance with subsection (1), the consent of an
1668unmarried biological father shall be necessary only if the
1669unmarried biological father has complied with the requirements
1670of this subsection.
1671     (b)  With regard to a child who is younger than 6 months of
1672age at the time the child is placed with the adoptive parents,
1673an unmarried biological father must have demonstrated a full
1674commitment to his parental responsibility by having performed
1675all of the following acts prior to the time the mother executes
1676her consent for adoption:
1677     1.  Filed a notarized claim of paternity form with the
1678Florida Alleged Putative Father Registry within the Office of
1679Vital Statistics of the Department of Health, which form shall
1680be maintained in the confidential registry established for that
1681purpose and shall be considered filed when the notice is entered
1682in the registry of notices from unmarried biological fathers.
1683     2.  Upon service of a notice of an intended adoption plan
1684or a petition for termination of parental rights pending
1685adoption, executed and filed an affidavit in that proceeding
1686stating that he is personally fully able and willing to take
1687responsibility for the child, setting forth his plans for care
1688of the child, and agreeing to a court order of child support and
1689a contribution to the payment of living and medical expenses
1690incurred for the mother's pregnancy and the child's birth in
1691accordance with his ability to pay.
1692     3.  If he had knowledge of the pregnancy, paid a fair and
1693reasonable amount of the expenses incurred in connection with
1694the mother's pregnancy and the child's birth, in accordance with
1695his financial ability and when not prevented from doing so by
1696the birth mother or person or authorized agency having lawful
1697custody of the child.
1698     (c)  The petitioner shall file with the court a certificate
1699from the Office of Vital Statistics stating that a diligent
1700search has been made of the Florida Alleged Putative Father
1701Registry of notices from unmarried biological fathers described
1702in subparagraph (b)1. and that no filing has been found
1703pertaining to the father of the child in question or, if a
1704filing is found, stating the name of the alleged putative father
1705and the time and date of filing. That certificate shall be filed
1706with the court prior to the entry of a final judgment of
1707termination of parental rights.
1708     (3)  Pursuant to chapter 48, an adoption entity shall serve
1709a notice of intended adoption plan upon any known and locatable
1710unmarried biological father who is identified to the adoption
1711entity by the mother by the date she signs her consent for
1712adoption or who is identified by a diligent search of the
1713Florida Alleged Putative Father Registry, or upon an entity
1714whose consent is required. Service of the notice of intended
1715adoption plan is not mandatory when the unmarried biological
1716father signs a consent for adoption or an affidavit of
1717nonpaternity. The notice may be served at any time before the
1718child's birth or before placing the child in the adoptive home.
1719The recipient of the notice may waive service of process by
1720executing a waiver and acknowledging receipt of the plan. The
1721notice of intended adoption plan must specifically state that if
1722the unmarried biological father desires to contest the adoption
1723plan he must, within 30 days after service, file with the court
1724a verified response that contains a pledge of commitment to the
1725child in substantial compliance with subparagraph (2)(b)2. and a
1726claim of paternity form with the Office of Vital Statistics, and
1727must provide the adoption entity with a copy of the verified
1728response filed with the court and the claim of paternity form
1729filed with the Office of Vital Statistics. The notice must also
1730include instructions for submitting a claim of paternity form to
1731the Office of Vital Statistics and the address to which the
1732claim must be sent. If the party served with the notice of
1733intended adoption plan is an entity whose consent is required,
1734the notice must specifically state that the entity must file,
1735within 30 days after service, a verified response setting forth
1736a legal basis for contesting the intended adoption plan,
1737specifically addressing the best interest of the child.
1738     (a)  If the unmarried biological father or entity whose
1739consent is required fails to timely and properly file a verified
1740response with the court and, in the case of an unmarried
1741biological father, a claim of paternity form with the Office of
1742Vital Statistics, the court shall enter a default against any
1743unmarried biological father or entity and the consent of that
1744unmarried biological father or entity shall no longer be
1745required under this chapter and shall be deemed to have waived
1746any claim of rights to the child. To avoid a default, within 30
1747days after receipt of service of the notice of intended adoption
1748plan:
1749     1.  The unmarried biological father must:
1750     a.  File a claim of paternity with the Florida Alleged
1751Putative Father Registry maintained by the Office of Vital
1752Statistics;
1753     b.  File a verified response with the court which contains
1754a pledge of commitment to the child in substantial compliance
1755with subparagraph (2)(b)2.; and
1756     c.  Provide support for the birth mother and the child.
1757     2.  The entity whose consent is required must file a
1758verified response setting forth a legal basis for contesting the
1759intended adoption plan, specifically addressing the best
1760interest of the child.
1761     (b)  If the mother identifies a potential unmarried
1762biological father whose location is unknown, the adoption entity
1763shall conduct a diligent search pursuant to s. 63.088. If, upon
1764completion of a diligent search, the potential unmarried
1765biological father's location remains unknown and a search of the
1766Florida Alleged Putative Father Registry fails to reveal a
1767match, the adoption entity shall request in the petition for
1768termination of parental rights pending adoption that the court
1769declare the diligent search to be in compliance with s. 63.088,
1770that the adoption entity has no further obligation to provide
1771notice to the potential unmarried biological father, and that
1772the potential unmarried biological father's consent to the
1773adoption is not required.
1774     Section 19.  Subsection (1) of section 63.085, Florida
1775Statutes, is amended to read:
1776     63.085  Disclosure by adoption entity.-
1777     (1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE
1778ADOPTIVE PARENTS.-Within 14 days after a person seeking to adopt
1779a minor or a person seeking to place a minor for adoption
1780contacts an adoption entity in person or provides the adoption
1781entity with a mailing address, the entity must provide a written
1782disclosure statement to that person if the entity agrees or
1783continues to work with the person. The adoption entity shall
1784also provide the written disclosure to the parent who did not
1785initiate contact with the adoption entity within 14 days after
1786that parent is identified and located. For purposes of providing
1787the written disclosure, a person is considered to be seeking to
1788place a minor for adoption if that person has sought information
1789or advice from the adoption entity regarding the option of
1790adoptive placement. The written disclosure statement must be in
1791substantially the following form:
1792
1793
ADOPTION DISCLOSURE
1794
1795THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO
1796ALL PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO
1797PLACE A MINOR FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING
1798FACTS REGARDING ADOPTION UNDER FLORIDA LAW:
1799
1800     1.  The name, address, and telephone number of the adoption
1801entity providing this disclosure is:
1802     Name:___________________________
1803     Address:___________________________
1804     Telephone Number:___________________________
1805     2.  The adoption entity does not provide legal
1806representation or advice to parents or anyone signing a
1807consent for adoption or affidavit of nonpaternity, and
1808parents have the right to consult with an attorney of their
1809own choosing to advise them.
1810     3.  With the exception of an adoption by a stepparent or
1811relative, a child cannot be placed into a prospective
1812adoptive home unless the prospective adoptive parents have
1813received a favorable preliminary home study, including
1814criminal and child abuse clearances.
1815     4.  A valid consent for adoption may not be signed by the
1816birth mother until 48 hours after the birth of the child,
1817or the day the birth mother is notified, in writing, that
1818she is fit for discharge from the licensed hospital or
1819birth center. Any man may sign a valid consent for adoption
1820at any time after the birth of the child.
1821     5.  A consent for adoption signed before the child attains
1822the age of 6 months is binding and irrevocable from the
1823moment it is signed unless it can be proven in court that
1824the consent was obtained by fraud or duress. A consent for
1825adoption signed after the child attains the age of 6 months
1826is valid from the moment it is signed; however, it may be
1827revoked up to 3 days after it was signed.
1828     6.  A consent for adoption is not valid if the signature of
1829the person who signed the consent was obtained by fraud or
1830duress.
1831     7.  An unmarried biological father must act immediately in
1832order to protect his parental rights. Section 63.062,
1833Florida Statutes, prescribes that any father seeking to
1834establish his right to consent to the adoption of his child
1835must file a claim of paternity with the Florida Alleged
1836Putative Father Registry maintained by the Office of Vital
1837Statistics of the Department of Health by the date a
1838petition to terminate parental rights is filed with the
1839court, or within 30 days after receiving service of a
1840Notice of Intended Adoption Plan. If he receives a Notice
1841of Intended Adoption Plan, he must file a claim of
1842paternity with the Florida Alleged Putative Father
1843Registry, file a parenting plan with the court, and provide
1844financial support to the mother or child within 30 days
1845following service. An unmarried biological father's failure
1846to timely respond to a Notice of Intended Adoption Plan
1847constitutes an irrevocable legal waiver of any and all
1848rights that the father may have to the child. A claim of
1849paternity registration form for the Florida Alleged
1850Putative Father Registry may be obtained from any local
1851office of the Department of Health, Office of Vital
1852Statistics, the Department of Children and Families, the
1853Internet websites for these agencies, and the offices of
1854the clerks of the Florida circuit courts. The claim of
1855paternity form must be submitted to the Office of Vital
1856Statistics, Attention: Adoption Unit, P.O. Box 210,
1857Jacksonville, FL 32231.
1858     8.  There are alternatives to adoption, including foster
1859care, relative care, and parenting the child. There may be
1860services and sources of financial assistance in the
1861community available to parents if they choose to parent the
1862child.
1863     9.  A parent has the right to have a witness of his or her
1864choice, who is unconnected with the adoption entity or the
1865adoptive parents, to be present and witness the signing of
1866the consent or affidavit of nonpaternity.
1867     10.  A parent 14 years of age or younger must have a
1868parent, legal guardian, or court-appointed guardian ad
1869litem to assist and advise the parent as to the adoption
1870plan.
1871     11.  A parent has a right to receive supportive counseling
1872from a counselor, social worker, physician, clergy, or
1873attorney.
1874     12.  The payment of living or medical expenses by the
1875prospective adoptive parents before the birth of the child
1876does not, in any way, obligate the parent to sign the
1877consent for adoption.
1878
1879     Section 20.  Paragraph (a) of subsection (2) of section
188063.089, Florida Statutes, is amended to read:
1881     63.089  Proceeding to terminate parental rights pending
1882adoption; hearing; grounds; dismissal of petition; judgment.-
1883     (2)  HEARING PREREQUISITES.-The court may hold the hearing
1884only when:
1885     (a)  For each person whose consent to adoption is required
1886under s. 63.062:
1887     1.  A consent under s. 63.082 has been executed and filed
1888with the court;
1889     2.  An affidavit of nonpaternity under s. 63.082 has been
1890executed and filed with the court;
1891     3.  Notice has been provided under ss. 63.087 and 63.088;
1892or
1893     4.  The certificate from the Office of Vital Statistics has
1894been provided to the court stating that a diligent search has
1895been made of the Florida Alleged Putative Father Registry
1896created in s. 63.054 and that no filing has been found
1897pertaining to the father of the child in question or, if a
1898filing is found, stating the name of the alleged putative father
1899and the time and date of the filing.
1900     Section 21.  Subsection (7) of section 88.2011, Florida
1901Statutes, is amended to read:
1902     88.2011  Bases for jurisdiction over nonresident.-In a
1903proceeding to establish, enforce, or modify a support order or
1904to determine parentage, a tribunal of this state may exercise
1905personal jurisdiction over a nonresident individual or the
1906individual's guardian or conservator if:
1907     (7)  The individual asserted parentage in a tribunal or in
1908an alleged a putative father registry maintained in this state
1909by the appropriate agency; or
1910     Section 22.  Paragraph (e) of subsection (1) of section
1911409.2572, Florida Statutes, is amended to read:
1912     409.2572  Cooperation.-
1913     (1)  An applicant for, or recipient of, public assistance
1914for a dependent child shall cooperate in good faith with the
1915department or a program attorney in:
1916     (e)  Identifying another alleged putative father when an
1917earlier named alleged putative father has been excluded by DNA,
1918Human Leukocyte Antigen, or other scientific test.
1919     Section 23.  Subsection (2) of section 742.021, Florida
1920Statutes, is amended to read:
1921     742.021  Venue, process, complaint.-
1922     (2)  The complaint shall assert sufficient facts charging
1923the paternity of the child. Upon filing of a complaint seeking
1924to determine paternity, the clerk of court shall issue a notice
1925to each petitioner and to each respondent or defendant along
1926with service of the petition. The notice must be in
1927substantially the following form:
1928
1929In order to preserve the right to notice and consent to the
1930adoption of the child, an unmarried biological father must,
1931as the "registrant," file a notarized claim of paternity
1932form with the Florida Alleged Putative Father Registry
1933maintained by the Office of Vital Statistics of the
1934Department of Health which includes confirmation of his
1935willingness and intent to support the child for whom
1936paternity is claimed in accordance with state law. The
1937claim of paternity may be filed at any time before the
1938child's birth, but a claim of paternity may not be filed
1939after the date a petition is filed for termination of
1940parental rights.
1941
1942     Section 24.  Except as otherwise expressly provided in this
1943act, this act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.
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