Florida Senate - 2017                              CS for SB 552
       
       
        
       By the Committee on Criminal Justice; and Senator Bracy
       
       
       
       
       
       591-02927-17                                           2017552c1
    1                        A bill to be entitled                      
    2         An act relating to child support; creating the
    3         “Florida Responsible Parent Act”; amending s.
    4         61.13016, F.S.; providing additional circumstances
    5         under which an obligor who fails to pay child support
    6         may avoid suspension of his or her driver license and
    7         motor vehicle registration; providing an effective
    8         date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. This act may be cited as the “Florida
   13  Responsible Parent Act.”
   14         Section 2. Subsections (1) and (4) of section 61.13016,
   15  Florida Statutes, are amended to read:
   16         61.13016 Suspension of driver licenses and motor vehicle
   17  registrations.—
   18         (1) The driver license and motor vehicle registration of a
   19  support obligor who is delinquent in payment or who has failed
   20  to comply with subpoenas or a similar order to appear or show
   21  cause relating to paternity or support proceedings may be
   22  suspended. When an obligor is 15 days delinquent making a
   23  payment in support or failure to comply with a subpoena, order
   24  to appear, order to show cause, or similar order in IV-D cases,
   25  the Title IV-D agency may provide notice to the obligor of the
   26  delinquency or failure to comply with a subpoena, order to
   27  appear, order to show cause, or similar order and the intent to
   28  suspend by regular United States mail that is posted to the
   29  obligor’s last address of record with the Department of Highway
   30  Safety and Motor Vehicles. When an obligor is 15 days delinquent
   31  in making a payment in support in non-IV-D cases, and upon the
   32  request of the obligee, the depository or the clerk of the court
   33  must provide notice to the obligor of the delinquency and the
   34  intent to suspend by regular United States mail that is posted
   35  to the obligor’s last address of record with the Department of
   36  Highway Safety and Motor Vehicles. In either case, the notice
   37  must state:
   38         (a) The terms of the order creating the support obligation;
   39         (b) The period of the delinquency and the total amount of
   40  the delinquency as of the date of the notice or describe the
   41  subpoena, order to appear, order to show cause, or other similar
   42  order that has not been complied with;
   43         (c) That notification will be given to the Department of
   44  Highway Safety and Motor Vehicles to suspend the obligor’s
   45  driver license and motor vehicle registration unless, within 20
   46  days after the date that the notice is mailed, the obligor:
   47         1.a. Pays the delinquency in full and any other costs and
   48  fees accrued between the date of the notice and the date the
   49  delinquency is paid;
   50         b. Enters into a written agreement for payment with the
   51  obligee in non-IV-D cases or with the Title IV-D agency in IV-D
   52  cases; or in IV-D cases, complies with a subpoena or order to
   53  appear, order to show cause, or a similar order;
   54         c. Files a petition with the circuit court to contest the
   55  delinquency action as provided in subsection (4);
   56         d. Demonstrates that he or she receives reemployment
   57  assistance or unemployment compensation pursuant to chapter 443;
   58         e. Demonstrates that he or she is disabled and incapable of
   59  self-support or that he or she receives benefits under the
   60  federal Supplemental Security Income program or Social Security
   61  Disability Insurance program;
   62         f. Demonstrates that he or she receives temporary cash
   63  assistance pursuant to chapter 414; or
   64         g. Demonstrates that he or she is making payments in
   65  accordance with a confirmed bankruptcy plan under chapter 11,
   66  chapter 12, or chapter 13 of the United States Bankruptcy Code,
   67  11 U.S.C. ss. 101 et seq.; and
   68         2. Pays any applicable delinquency fees.
   69  
   70  If an obligor in a non-IV-D case enters into a written agreement
   71  for payment before the expiration of the 20-day period, the
   72  obligor must provide a copy of the signed written agreement to
   73  the depository or the clerk of the court. If an obligor seeks to
   74  satisfy sub-subparagraph 1.d., sub-subparagraph 1.e., sub
   75  subparagraph 1.f., or sub-subparagraph 1.g. before expiration of
   76  the 20-day period, the obligor must provide the applicable
   77  documentation or proof to the depository or the clerk of the
   78  court.
   79         (4)(a) The obligor may, within 20 days after the mailing
   80  date on the notice of delinquency or noncompliance and intent to
   81  suspend, file in the circuit court a petition to contest the
   82  notice of delinquency or noncompliance and intent to suspend on
   83  the ground of:
   84         1. Mistake of fact regarding the existence of a
   85  delinquency; or
   86         2.Mistake of fact regarding the identity of the obligor;
   87  or
   88         3.No ability to make payments toward the delinquency due
   89  to circumstances including, but not limited to, temporary
   90  interruption in employment as the result of a natural disaster,
   91  incapacitation as the result of an illness or temporary medical
   92  condition, or temporary unexpected involuntary unemployment.
   93         (b) The obligor must serve a copy of the petition on the
   94  Title IV-D agency in IV-D cases or depository or clerk of the
   95  court in non-IV-D cases. When an obligor timely files a petition
   96  to contest, the court must hear the matter within 15 days after
   97  the petition is filed. The court must enter an order resolving
   98  the matter within 10 days after the hearing, and a copy of the
   99  order must be served on the parties. The timely filing of a
  100  petition to contest stays the notice of delinquency and intent
  101  to suspend until the entry of a court order resolving the
  102  matter.
  103         Section 3. This act shall take effect July 1, 2017.