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





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 808

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Diaz-Balart moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Subsections (7) and (8) of section 61.052,

18  Florida Statutes, 1998 Supplement, are amended to read:

19         61.052  Dissolution of marriage.--

20         (7)  In the initial pleading for a dissolution of

21  marriage as a separate attachment to the pleading, each party

22  is required to provide his or her social security number and

23  the full names and social security numbers of each of the

24  minor children of the marriage.

25         (8)  Pursuant to the federal Personal Responsibility

26  and Work Opportunity Reconciliation Act of 1996, each party is

27  required to provide his or her social security number in

28  accordance with this section. Each party is also required to

29  provide the full name, date of birth, and social security

30  number for each minor child of the marriage. Disclosure of

31  social security numbers obtained through this requirement

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 808

    Amendment No.    





 1  shall be limited to the purpose of administration of the Title

 2  IV-D program for child support enforcement.

 3         Section 2.  Paragraph (d) of subsection (1) and

 4  subsection (10) of section 61.13, Florida Statutes, 1998

 5  Supplement, are amended to read:

 6         61.13  Custody and support of children; visitation

 7  rights; power of court in making orders.--

 8         (1)

 9         (d)1.  Unless the provisions of subparagraph 3. apply,

10  all child support orders entered on or after January 1, 1985,

11  shall direct that the payments of child support be made as

12  provided in s. 61.181 through the depository in the county

13  where the court is located. All child support orders shall

14  provide the full name, date of birth, and social security

15  number of each minor child who is the subject of the child

16  support order.

17         2.  Unless the provisions of subparagraph 3. apply, all

18  child support orders entered before January 1, 1985, shall be

19  modified by the court to direct that payments of child support

20  shall be made through the depository in the county where the

21  court is located upon the subsequent appearance of either or

22  both parents to modify or enforce the order, or in any related

23  proceeding.

24         3.  If both parties request and the court finds that it

25  is in the best interest of the child, support payments need

26  not be directed through the depository.  The order of support

27  shall provide, or shall be deemed to provide, that either

28  party may subsequently apply to the depository to require

29  direction of the payments through the depository.  The court

30  shall provide a copy of the order to the depository.

31         4.  If the parties elect not to require that support

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  payments be made through the depository, any party may

 2  subsequently file an affidavit with the depository alleging a

 3  default in payment of child support and stating that the party

 4  wishes to require that payments be made through the

 5  depository. The party shall provide copies of the affidavit to

 6  the court and to each other party.  Fifteen days after receipt

 7  of the affidavit, the depository shall notify both parties

 8  that future payments shall be paid through the depository.

 9         5.  In IV-D cases, the IV-D agency shall have the same

10  rights as the obligee in requesting that payments be made

11  through the depository.

12         (10)  At the time an order for child support is

13  entered, each party is required to provide his or her social

14  security number and date of birth to the court, as well as the

15  name, date of birth, and social security number of each minor

16  child that is the subject of such child support order if this

17  information has not previously been provided. Pursuant to the

18  federal Personal Responsibility and Work Opportunity

19  Reconciliation Act of 1996, each party is required to provide

20  his or her social security number in accordance with this

21  section. All social security numbers required by this section

22  shall be provided by the parties and maintained by the

23  depository as a separate attachment in the file. Disclosure of

24  social security numbers obtained through this requirement

25  shall be limited to the purpose of administration of the Title

26  IV-D program for child support enforcement.

27         Section 3.  Paragraphs (b) and (d) of subsection (1) of

28  section 61.1301, Florida Statutes, 1998 Supplement, are

29  amended to read:

30         61.1301  Income deduction orders.--

31         (1)  ISSUANCE IN CONJUNCTION WITH AN ORDER

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  ESTABLISHING, ENFORCING, OR MODIFYING AN OBLIGATION FOR

 2  ALIMONY OR CHILD SUPPORT.--

 3         (b)  The income deduction order shall:

 4         1.  Direct a payor to deduct from all income due and

 5  payable to an obligor the amount required by the court to meet

 6  the obligor's support obligation including any attorney's fees

 7  or costs owed and forward the deducted amount pursuant to the

 8  order.

 9         2.  State the amount of arrearage owed, if any, and

10  direct a payor to withhold an additional 20 percent or more of

11  the periodic amount specified in the order establishing,

12  enforcing, or modifying the obligation, until full payment is

13  made of any arrearage, attorney's fees and costs owed,

14  provided no deduction shall be applied to attorney's fees and

15  costs until the full amount of any arrearage is paid;

16         3.  Direct a payor not to deduct in excess of the

17  amounts allowed under s. 303(b) of the Consumer Credit

18  Protection Act, 15 U.S.C. s. 1673(b), as amended;

19         4.  Direct whether a payor shall deduct all, a

20  specified portion, or no income which is paid in the form of a

21  bonus or other similar one-time payment, up to the amount of

22  arrearage reported in the income deduction notice or the

23  remaining balance thereof, and forward the payment to the

24  governmental depository.  For purposes of this subparagraph,

25  "bonus" means a payment in addition to an obligor's usual

26  compensation and which is in addition to any amounts

27  contracted for or otherwise legally due and shall not include

28  any commission payments due an obligor; and

29         5.  In Title IV-D cases, direct a payor to provide to

30  the court depository the date on which each deduction is made;

31  and.

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1         6.  Direct that, at such time as the State Disbursement

 2  Unit becomes operational, all payments in those cases in which

 3  the obligee is receiving Title IV-D services and in those

 4  cases in which the obligee is not receiving Title IV-D

 5  services in which the initial support order was issued in this

 6  state on or after January 1, 1994, and in which the obligor's

 7  child support obligation is being paid through income

 8  deduction, be made payable to and delivered to the State

 9  Disbursement Unit. Notwithstanding any other statutory

10  provision to the contrary, funds received by the State

11  Disbursement Unit shall be held, administered, and disbursed

12  by the State Disbursement Unit pursuant to the provisions of

13  this chapter.

14         (d)  The income deduction order shall be effective as

15  long as the order upon which it is based is effective or until

16  further order of the court. Notwithstanding the foregoing,

17  however, at such time as the State Disbursement Unit becomes

18  operational, in those cases in which the obligee is receiving

19  Title IV-D services and in those cases in which the obligee is

20  not receiving Title IV-D services in which the initial support

21  order was issued in this state on or after January 1, 1994,

22  and in which the obligor's child support obligation is being

23  paid through income deduction, such payments shall be made

24  payable to and delivered to the State Disbursement Unit.

25         Section 4.  Subsection (1) of section 61.13016, Florida

26  Statutes, is amended to read:

27         61.13016  Suspension of driver's licenses and motor

28  vehicle registrations.--

29         (1)  The driver's license and motor vehicle

30  registration of a child support obligor who is delinquent in

31  payment or who has failed to comply with subpoenas or a

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  similar order to appear or show cause relating to paternity or

 2  child support proceedings may be suspended. When an obligor is

 3  15 days delinquent making a payment Upon a delinquency in

 4  child support or fails failure to comply with a subpoena,

 5  order to appear, order to show cause, or similar order in IV-D

 6  cases, the Title IV-D agency may provide notice to the obligor

 7  of the delinquency or failure to comply with a subpoena, order

 8  to appear, order to show cause, or similar order and the

 9  intent to suspend by regular United States mail that is posted

10  to the obligor's last address of record with the Department of

11  Highway Safety and Motor Vehicles. When an obligor is 15 days

12  delinquent in making a payment Upon a delinquency in child

13  support in non-IV-D cases, and upon the request of the

14  obligee, the depository or the clerk of the court must provide

15  notice to the obligor of the delinquency and the intent to

16  suspend by regular United States mail that is posted to the

17  obligor's last address of record with the Department of

18  Highway Safety and Motor Vehicles.  In either case, the notice

19  must state:

20         (a)  The terms of the order creating the child support

21  obligation;

22         (b)  The period of the delinquency and the total amount

23  of the delinquency as of the date of the notice or describe

24  the subpoena, order to appear, order to show cause, or other

25  similar order which has not been complied with;

26         (c)  That notification will be given to the Department

27  of Highway Safety and Motor Vehicles to suspend the obligor's

28  driver's license and motor vehicle registration unless, within

29  20 days after the date the notice is mailed, the obligor:

30         1.a.  Pays the delinquency in full;

31         b.  Enters into a written agreement for payment with

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  the obligee in non-IV-D cases or with the Title IV-D agency in

 2  IV-D cases; or in IV-D cases, complies with a subpoena or

 3  order to appear, order to show cause, or a similar order; or

 4         c.  Files a petition with the circuit court to contest

 5  the delinquency action; and

 6         2.  Pays any applicable delinquency fees.

 7

 8  If the obligor in non-IV-D cases enters into a written

 9  agreement for payment before the expiration of the 20-day

10  period, the obligor must provide a copy of the signed written

11  agreement to the depository or the clerk of the court.

12         Section 5.  Paragraph (a) of subsection (6) of section

13  61.14, Florida Statutes, 1998 Supplement, is amended to read:

14         61.14  Enforcement and modification of support,

15  maintenance, or alimony agreements or orders.--

16         (6)(a)1.  When support payments are made through the

17  local depository, any payment or installment of support which

18  becomes due and is unpaid under any support order is

19  delinquent; and this unpaid payment or installment, and all

20  other costs and fees herein provided for, become, after notice

21  to the obligor and the time for response as set forth in this

22  subsection, a final judgment by operation of law, which has

23  the full force, effect, and attributes of a judgment entered

24  by a court in this state for which execution may issue. No

25  deduction shall be made by the local depository from any

26  payment made for costs and fees accrued in the judgment by

27  operation of law process under paragraph (b) until the total

28  amount of support payments due the obligee under the judgment

29  has been paid.

30         2.  A certified copy of the support order and a

31  certified statement by the local depository evidencing a

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                                                  SENATE AMENDMENT

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 1  delinquency in support payments constitute evidence of the

 2  final judgment under this paragraph.

 3         3.  The judgment under this paragraph is a final

 4  judgment as to any unpaid payment or installment of support

 5  which has accrued up to the time either party files a motion

 6  with the court to alter or modify the support order, and such

 7  judgment may not be modified by the court. The court may

 8  modify such judgment as to any unpaid payment or installment

 9  of support which accrues after the date of the filing of the

10  motion to alter or modify the support order.  This

11  subparagraph does not prohibit the court from providing relief

12  from the judgment pursuant to Rule 1.540, Florida Rules of

13  Civil Procedure.

14         Section 6.  Paragraph (a) of subsection (2) of section

15  61.181, Florida Statutes, 1998 Supplement, is amended to read:

16         61.181  Central depository for receiving, recording,

17  reporting, monitoring, and disbursing alimony, support,

18  maintenance, and child support payments; fees.--

19         (2)(a)  For payments not required to be processed

20  through the State Disbursement Unit, the depository shall

21  impose and collect a fee on each payment made for receiving,

22  recording, reporting, disbursing, monitoring, or handling

23  alimony or child support payments as required under this

24  section. For non-Title IV-D cases required to be processed by

25  the State Disbursement Unit pursuant to this chapter, the

26  State Disbursement Unit shall, on each payment received,

27  collect a fee, and shall transmit to the depository in which

28  the case is located 40 percent of such service charge for the

29  depository's administration, management, and maintenance of

30  such case. If a payment is made to the State Disbursement Unit

31  which is not accompanied by the required fee, the State

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                                                  SENATE AMENDMENT

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 1  Disbursement Unit shall not deduct any moneys from the support

 2  payment for payment of the fee.  The, which fee shall be a

 3  flat fee based, to the extent practicable, upon estimated

 4  reasonable costs of operation.  The fee shall be reduced in

 5  any case in which the fixed fee results in a charge to any

 6  party of an amount greater than 3 percent of the amount of any

 7  support payment made in satisfaction of the amount which the

 8  party is obligated to pay, except that no fee shall be less

 9  than $1 nor more than $5 per payment made.  The fee shall be

10  considered by the court in determining the amount of support

11  that the obligor is, or may be, required to pay.

12         Section 7.  Subsection (6) is added to section 61.1824,

13  Florida Statutes, 1998 Supplement, to read:

14         61.1824  State Disbursement Unit.--

15         (6)  Effective October 1, 1999, or such earlier date as

16  the State Disbursement Unit becomes operational, all support

17  payments for cases to which the requirements of this section

18  apply shall be made payable to and delivered to the State

19  Disbursement Unit. Notwithstanding any other statutory

20  provision to the contrary, funds received by the State

21  Disbursement Unit shall be held, administered, and disbursed

22  by the State Disbursement Unit pursuant to the provisions of

23  this chapter.

24         Section 8.  Paragraph (d) of subsection (2) of section

25  61.1825, Florida Statutes, 1998 Supplement, is amended,

26  present subsections (3), (4), and (5) are renumbered as

27  subsections (4), (5), and (6), respectively, and a new

28  subsection (3) is added to that section, to read:

29         61.1825  State Case Registry.--

30         (2)  By October 1, 1998, for each support order

31  established or modified by a court of this state on or after

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  October 1, 1998, the depository for the court that enters the

 2  support order in a non-Title IV-D case shall provide, in an

 3  electronic format prescribed by the department, the following

 4  information to that component of the State Case Registry that

 5  receives, maintains, and transmits support order information

 6  for non-Title IV-D cases:

 7         (d)  Whether a family violence indicator is present or

 8  if a court order has been entered against a party in a

 9  domestic violence or protective action;

10         (3)  For the purpose of this section, a family violence

11  indicator must be placed on a record when:

12         (a)  A party executes a sworn statement requesting that

13  a family violence indicator be placed on that party's record

14  which states that the party has reason to believe that release

15  of information to the Federal Case Registry may result in

16  physical or emotional harm to the party or the child. This

17  statement must be accompanied by a court determination of

18  domestic violence or child abuse, as evidenced by:

19         1.  A final injunction pursuant to chapter 741 or

20  chapter 784;

21         2.  A judgment that indicates a finding of domestic

22  violence;

23         3.  A dependency order entered pursuant to chapter 39;

24  or

25         4.  A criminal conviction that resulted from domestic

26  violence;

27         (b)  A party provides documentation of participation in

28  the address confidentiality program under s. 741.403; or

29         (c)  The department has received information from the

30  Domestic and Repeat Violence Injunction Statewide Verification

31  System that a court has granted the party a domestic violence

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 808

    Amendment No.    





 1  or repeat violence injunction.

 2         Section 9.  Subsection (9) of section 61.1826, Florida

 3  Statutes, 1998 Supplement, is amended to read:

 4         61.1826  Procurement of services for State Disbursement

 5  Unit and the non-Title IV-D component of the State Case

 6  Registry; contracts and cooperative agreements; penalties;

 7  withholding payment.--

 8         (9)  PENALTIES.--All depositories must participate in

 9  the State Disbursement Unit and the non-Title IV-D component

10  of the State Case Registry as provided in this chapter. If,

11  after notice and an opportunity to cure an otherwise curable

12  default, a depository fails to comply with the material terms

13  of the cooperative agreement, the failure to comply subjects

14  the county officer or officers responsible for the depository

15  to the sanctions provided in Art. IV of the State

16  Constitution. However, no county officer or officers shall be

17  subject to sanctions under Art. IV of the State Constitution

18  for any noncurable default resulting from circumstances or

19  conditions outside the control of the depository. If a

20  depository fails to comply with this requirement or with any

21  material contractual term or other state or federal

22  requirement, the failure constitutes misfeasance which

23  subjects the county officer or officers responsible for the

24  depository to suspension under Art. IV of the State

25  Constitution. The department shall report any continuing acts

26  of misfeasance by a depository to the Governor and Cabinet and

27  to the Florida Association of Court Clerks.

28         Section 10.  Section 409.2558, Florida Statutes, 1998

29  Supplement, is amended to read:

30         409.2558  Child support distribution and

31  disbursement.--

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 808

    Amendment No.    





 1         (1)  The department shall distribute and disburse child

 2  support payments collected in Title IV-D cases in accordance

 3  with 42 U.S.C. s. 657 and regulations adopted thereunder by

 4  the Secretary of the United States Department of Health and

 5  Human Services.

 6         (2)  A recipient of collection and distribution

 7  services of the department's Child Support Enforcement Program

 8  may request a reconsideration by the department concerning the

 9  amount collected, the date collected, the amount distributed,

10  the distribution timing, or the calculation of arrears.  The

11  department shall establish by rule a reconsideration procedure

12  for informal review of agency action in distributing and

13  disbursing child support payments collected by the department.

14  The procedures must provide the recipients of services with an

15  opportunity to review the department's actions before a

16  hearing is requested under chapter 120.

17         (3)  If the department's records indicate that a child

18  support obligee has received an overpayment of child support

19  from the department due to either mistake or fraud, the

20  department may take action to recover the overpayment.  The

21  department may establish by rule a procedure to recover

22  overpayments.

23         Section 11.  Subsections (1) and (5) of section

24  409.2561, Florida Statutes, 1998 Supplement, are amended to

25  read:

26         409.2561  Child support obligations when public

27  assistance is paid; assignment of rights; subrogation; medical

28  and health insurance information.--

29         (1)  Any payment of public assistance money made to, or

30  for the benefit of, any dependent child creates an obligation

31  in an amount determined pursuant to the child support

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  guidelines equal to the amount of public assistance paid. In

 2  accordance with 42 U.S.C. s. 657, the state shall retain

 3  amounts collected only to the extent necessary to reimburse

 4  amounts paid to the family as assistance by the state. Such

 5  amounts collected shall be deposited into the General Revenue

 6  Fund, up to the amount specified in s. 61.1812. If there has

 7  been a prior court order or final judgment of dissolution of

 8  marriage establishing an obligation of support, the obligation

 9  is limited to the amount provided by such court order or

10  decree. The obligor shall discharge the reimbursement

11  obligation. If the obligor fails to discharge the

12  reimbursement obligation, the department may apply for a

13  contempt order to enforce reimbursement for support furnished.

14  The extraordinary remedy of contempt is applicable in child

15  support enforcement cases because of the public necessity for

16  ensuring that dependent children be maintained from the

17  resources of their parents, thereby relieving, at least in

18  part, the burden presently borne by the general citizenry

19  through the public assistance program. If there is no prior

20  court order establishing an obligation of support, the court

21  shall establish the liability of the obligor, if any, by

22  applying the child support guidelines for reimbursement of

23  public assistance moneys paid.  Priority shall be given to

24  establishing continuing reasonable support for the dependent

25  child. The department may apply for modification of a court

26  order on the same grounds as either party to the cause and

27  shall have the right to settle and compromise actions brought

28  pursuant to law.

29         (5)  With respect to cases for which there is an

30  assignment in effect pursuant to this section:

31         (a)  The IV-D agency shall obtain basic medical support

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  information for Medicaid recipients and applicants for

 2  Medicaid and provide this information to the state Medicaid

 3  agency for third-party liability purposes.

 4         (b)  When the obligor receives health insurance

 5  coverage for the dependent child, the IV-D agency shall

 6  provide health insurance policy information, including any

 7  information available about the health insurance policy which

 8  would permit a claim to be filed or, in the case of a health

 9  maintenance or preferred provider organization, service to be

10  provided, to the state Medicaid agency.

11         (c)  The state Medicaid agency, upon receipt of the

12  health coverage information from the IV-D agency, shall notify

13  the obligor's insuring entity that the Medicaid agency must be

14  notified within 30 days when such coverage is discontinued.

15         (d)  Entities providing health insurance as defined in

16  s. 624.603 and health maintenance organizations and prepaid

17  health clinics as defined in chapter 641 shall provide such

18  records and information as is necessary to accomplish the

19  purpose of this subsection, unless such requirement results in

20  an unreasonable burden.

21         (e)  The executive director of the department and the

22  commissioner of the Department of Insurance shall enter into a

23  cooperative agreement for requesting and obtaining information

24  necessary to effect the purpose and objectives of this

25  subsection:

26         1.  The department shall only request that information

27  necessary to determine whether health insurance as defined

28  pursuant to s. 624.603 or those health services provided

29  pursuant to chapter 641 is discontinued.

30         2.  All information obtained pursuant to subparagraph

31  1. is confidential and exempt from the provisions of s.

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  119.07(1).

 2         3.  The cooperative agreement or rules promulgated

 3  hereunder may include financial arrangements to reimburse the

 4  reporting entities for reasonable costs or a portion thereof

 5  incurred in furnishing the requested information. Neither the

 6  cooperative agreement nor the rules shall require the

 7  automation of manual processes to provide the requested

 8  information.

 9         4.  The department and the Department of Insurance

10  jointly shall promulgate rules for the development and

11  administration of the cooperative agreement. The rules shall

12  include the following:

13         a.  A method for identifying those entities subject to

14  furnishing information under the cooperative agreement;

15         b.  A method for furnishing requested information; and

16         c.  Procedures for requesting exemption from the

17  cooperative agreement based on an unreasonable burden to the

18  reporting entity.

19         (e)(f)  Upon the state Medicaid agency receiving notice

20  from the obligor's insuring entity that the coverage is

21  discontinued due to cancellation or other means, the Medicaid

22  agency shall notify the IV-D agency of such discontinuance and

23  the effective date. When appropriate, the IV-D agency shall

24  then take action to bring the obligor before the court for

25  enforcement.

26         Section 12.  Subsection (8) of section 409.2564,

27  Florida Statutes, 1998 Supplement, is amended to read:

28         409.2564  Actions for support.--

29         (8)  The director of the Title IV-D agency, or the

30  director's designee, is authorized to subpoena from any person

31  financial and other information necessary to establish,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 808

    Amendment No.    





 1  modify, or enforce a child support order.

 2         (a)  For the purpose of establishing, modifying, or

 3  enforcing a child support order, the director of this or

 4  another state's Title IV-D agency or any employee designated

 5  by the director of this state's Title IV-D agency or

 6  authorized under another state's law any investigation under

 7  this chapter, any designated employee may administer oaths or

 8  affirmations, subpoena witnesses and compel their attendance,

 9  take evidence and require the production of any matter which

10  is relevant to the child support enforcement action

11  investigation, including the existence, description, nature,

12  custody, condition, and location of any books, documents, or

13  other tangible things and the identity and location of persons

14  having knowledge of relevant facts or any other matter

15  reasonably calculated to lead to the discovery of material

16  evidence.

17         (b)  Subpoenas issued by this or any other state's

18  Title IV-D agency may be challenged in accordance with s.

19  120.569(2)(k)1.  While a subpoena is being challenged, the

20  Title IV-D agency may not impose a fine as provided for under

21  paragraph (c) until the challenge is complete and the subpoena

22  been found to be valid.

23         (c)(b)  The Title IV-D agency is authorized to impose a

24  fine for failure to comply with a subpoena. Prior to making

25  application to the court for an order compelling compliance

26  with a subpoena, the department shall issue a written

27  notification of noncompliance. Failure to comply with the

28  subpoena, or to challenge the subpoena as provided in

29  paragraph (b), within 15 days after service of the subpoena

30  may result in the agency taking the following actions: receipt

31  of the written notification without good cause may result in

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                                                  SENATE AMENDMENT

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 1  the application by the Title IV-D agency to the circuit court

 2  for an order compelling compliance with the subpoena.  The

 3  person who is determined to be in noncompliance with the

 4  subpoena shall be liable for reasonable attorney's fees and

 5  costs associated with the department bringing this action upon

 6  showing by the department that the person failed to comply

 7  with the request without good cause.

 8         1.  Imposition of an administrative fine of not more

 9  than $500.

10         2.  Enforcement of the subpoena as provided in s.

11  120.569(2)(k)2. When the subpoena is enforced pursuant to s.

12  120.569(2)(k)2. the court may award costs and fees to the

13  prevailing party in accordance with that section.

14         (d)  The Title IV-D agency may seek to collect

15  administrative fines imposed pursuant to paragraph (c) by

16  filing a petition in the circuit court of the judicial circuit

17  in which the person against whom the fine was imposed resides.

18  All fines collected pursuant to this subsection shall be

19  deposited into the Child Support Enforcement Application and

20  Program Revenue Trust Fund.

21         Section 13.  Effective October 1, 1999, present

22  subsection (13) of section 409.2564, Florida Statutes, 1998

23  Supplement, is renumbered as subsection (14), and a new

24  subsection (13) is added to that section, to read:

25         409.2564  Actions for support.--

26         (13)(a)  When the department files a petition for

27  modification of a child support order and the petition is

28  accompanied with a verified motion signed by the department to

29  redirect payment alleging that:

30         1.  The child is residing with a relative caretaker as

31  defined in s. 414.0252 and the relative caretaker receives

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                                                  SENATE AMENDMENT

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 1  temporary cash assistance as defined in s. 414.0252; or

 2         2.  The child was formerly residing with a relative

 3  caretaker as defined in s. 414.0252, the child support

 4  payments were redirected to the relative caretaker, and the

 5  child is now residing with the original payee,

 6

 7  then the court shall enter a temporary order, ex parte, within

 8  5 days that redirects the child support payments to the

 9  relative caretaker or original payee pending a final hearing

10  and may grant such relief as the court deems proper. Upon the

11  filing of a verified motion by the department to redirect

12  payment, the relative caretaker is deemed a party to the

13  proceedings.

14         (b)  In the event that it is subsequently determined by

15  the court that the child support payments were improperly

16  diverted, the department shall pay the improperly diverted

17  child support payments to the appropriate party and shall

18  attempt to recoup any child support improperly paid.

19         Section 14.  Subsections (1) and (2) of section

20  409.25641, Florida Statutes, 1998 Supplement, are amended to

21  read:

22         409.25641  Procedures for processing automated

23  administrative enforcement requests.--

24         (1)  The Title IV-D agency shall use automated

25  administrative enforcement, as defined in the Social Security

26  Act, in response to a request from another state to enforce a

27  support order and shall promptly report the results of

28  enforcement action to the requesting state. "Automated

29  administrative enforcement" means the use of automated data

30  processing to search state databases and determine whether

31  information is available regarding the parent who owes a child

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 808

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 1  support obligation.

 2         (2)(a)  This request:

 3         (a)  May be transmitted from the other state by

 4  electronic or other means; and

 5         (b)  Shall contain sufficient identifying information

 6  to allow comparison with the databases within the state which

 7  are available to the Title IV-D agency; and

 8         (c)  Shall constitute a certification by the requesting

 9  state:; and

10         1.  Of the amount of arrearage accrued under the order;

11  and

12         2.  That the requesting state has complied with all

13  procedural due process requirements applicable to the case.

14         Section 15.  Subsection (7) of section 409.25656,

15  Florida Statutes, is amended to read:

16         409.25656  Garnishment.--

17         (7)(a)  Levy may be made under subsection (3) upon

18  credits, other personal property, or debt of any person with

19  respect to any past due or overdue child support obligation

20  only after the executive director or his or her designee has

21  notified such person in writing of the intention to make such

22  levy.

23         (b)  Not less than 30 days before the day of the levy,

24  the notice of intent to levy required under paragraph (a) must

25  be given in person or sent by certified or registered mail to

26  the person's last known address.

27         (c)  The notice required in paragraph (a) must include

28  a brief statement that sets forth:

29         1.  The provisions of this section relating to levy and

30  sale of property;

31         2.  The procedures applicable to the levy under this

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                                                  SENATE AMENDMENT

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 1  section;

 2         3.  The administrative and judicial appeals available

 3  to the obligor with respect to such levy and sale, and the

 4  procedures relating to such appeals; and

 5         4.  The alternatives, if any, available to the obligor

 6  which could prevent levy on the property.

 7         (d)  The obligor may consent in writing to the levy at

 8  any time after receipt of a notice of intent to levy.

 9         Section 16.  Subsection (2) of section 409.25657,

10  Florida Statutes, is amended to read:

11         409.25657  Requirements for financial institutions.--

12         (2)  The department shall develop procedures to enter

13  into agreements with financial institutions doing business in

14  the state, to develop and operate, in coordination with such

15  financial institutions and with the Federal Parent Locator

16  Service in the case of financial institutions doing business

17  in two or more states, to develop and operate, a data match

18  system, using automated data exchanges to the maximum extent

19  feasible, in which each financial institution is required to

20  provide for each calendar quarter the name, record address,

21  social security number or other taxpayer identification

22  number, average daily account balance, and other identifying

23  information for:

24         (a)  Each noncustodial parent who maintains an account

25  at such institution and who owes past due support, as

26  identified by the department by name and social security

27  number or other taxpayer identification number; or.

28         (b)  At the financial institution's option, each

29  individual who maintains an account at such institution. Use

30  of this information shall be limited to the purpose of

31  administration of the Title IV-D program for child support

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                                                  SENATE AMENDMENT

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 1  enforcement.

 2         Section 17.  Section 409.2577, Florida Statutes, 1998

 3  Supplement, is amended to read:

 4         409.2577  Parent locator service.--The department shall

 5  establish a parent locator service to assist in locating

 6  parents who have deserted their children and other persons

 7  liable for support of dependent children.  The department

 8  shall use all sources of information available, including the

 9  Federal Parent Locator Service, and may request and shall

10  receive information from the records of any person or the

11  state or any of its political subdivisions or any officer

12  thereof. Any agency as defined in s. 120.52, any political

13  subdivision, and any other person shall, upon request, provide

14  the department any information relating to location, salary,

15  insurance, social security, income tax, and employment history

16  necessary to locate parents who owe or potentially owe a duty

17  of support pursuant to Title IV-D of the Social Security Act.

18  This provision shall expressly take precedence over any other

19  statutory nondisclosure provision which limits the ability of

20  an agency to disclose such information, except that law

21  enforcement information as provided in s. 119.07(3)(i) is not

22  required to be disclosed, and except that confidential

23  taxpayer information possessed by the Department of Revenue

24  shall be disclosed only to the extent authorized in s.

25  213.053(15).  Nothing in this section requires the disclosure

26  of information if such disclosure is prohibited by federal

27  law. Information gathered or used by the parent locator

28  service is confidential and exempt from the provisions of s.

29  119.07(1). Additionally, the department is authorized to

30  collect any additional information directly bearing on the

31  identity and whereabouts of a person owing or asserted to be

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 808

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 1  owing an obligation of support for a dependent child.

 2  Information gathered or used by the parent locator service is

 3  confidential and exempt from the provisions of s. 119.07(1).

 4  The department shall, upon request, may make such information

 5  available only to public officials and agencies of this state;

 6  political subdivisions of this state, including any agency

 7  thereof providing child support enforcement services to

 8  non-Title IV-D clients; the custodial parent, legal guardian,

 9  attorney, or agent of the child; and other states seeking to

10  locate parents who have deserted their children and other

11  persons liable for support of dependents, for the sole purpose

12  of establishing, modifying, or enforcing their liability for

13  support, and shall make such information available to the

14  Department of Children and Family Services for the purpose of

15  diligent search activities pursuant to chapter 39. If the

16  department has reasonable evidence of domestic violence or

17  child abuse and the disclosure of information could be harmful

18  to the custodial parent or the child of such parent, the child

19  support program director or designee shall notify the

20  Department of Children and Family Services and the Secretary

21  of the United States Department of Health and Human Services

22  of this evidence. Such evidence is sufficient grounds for the

23  department to disapprove an application for location services.

24         Section 18.  Subsection (1) of section 741.04, Florida

25  Statutes, 1998 Supplement, is amended to read:

26         741.04  Marriage license issued.--

27         (1)  No county court judge or clerk of the circuit

28  court in this state shall issue a license for the marriage of

29  any person unless there shall be first presented and filed

30  with him or her an affidavit in writing, signed by both

31  parties to the marriage, providing the social security numbers

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 808

    Amendment No.    





 1  or any other available identification numbers of each party,

 2  made and subscribed before some person authorized by law to

 3  administer an oath, reciting the true and correct ages of such

 4  parties; unless both such parties shall be over the age of 18

 5  years, except as provided in s. 741.0405; and unless one party

 6  is a male and the other party is a female.  Pursuant to the

 7  federal Personal Responsibility and Work Opportunity

 8  Reconciliation Act of 1996, each party is required to provide

 9  his or her social security number in accordance with this

10  section. The state has a compelling interest in promoting not

11  only marriage but also responsible parenting, which may

12  include the payment of child support. Any person who has been

13  issued a social security number shall provide that number.

14  However, when an individual is not a citizen of the United

15  States and does not have a social security number, alien

16  registration documentation, or other proof of immigration

17  registration from the United States Immigration and

18  Naturalization Service that contains the individual's alien

19  admission number or alien file number, or such other documents

20  as the state determines constitutes reasonable evidence

21  indicating a satisfactory immigration status, shall be

22  provided in lieu of the social security number. Disclosure of

23  social security numbers or other identification numbers

24  obtained through this requirement shall be limited to the

25  purpose of administration of the Title IV-D program for child

26  support enforcement. Any person who is not a citizen of the

27  United States may provide either a social security number or

28  an alien registration number if one has been issued by the

29  United States Immigration and Naturalization Service. Any

30  person who is not a citizen of the United States and who has

31  not been issued a social security number or an alien

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 808

    Amendment No.    





 1  registration number is encouraged to provide another form of

 2  identification. Nothing in this subsection shall be construed

 3  to mean that a county court judge or clerk of the circuit

 4  court in this state shall not issue a marriage license to

 5  individuals who are not citizens of the United States if one

 6  or both of the parties are unable to provide a social security

 7  number, alien registration number, or other identification

 8  number.

 9         Section 19.  (1)  Funds from the Clerk of Court Child

10  Support Enforcement Collection System Trust Fund have been

11  identified by the Florida Association of Court Clerks and

12  Comptrollers to assist in compensating for the actual,

13  documented cost for full participation in the Clerk of Court

14  Child Support Enforcement Collection System for Miami-Dade,

15  Seminole, and Collier counties, as follows:

16         (a)  $207,000 to Miami-Dade County;

17         (b)  $107,000 to Collier County; and

18         (c)  $107,000 to Seminole County.

19         (2)  The respective county shall be reimbursed such

20  costs or 50 percent of the actual, documented cost for full

21  participation in the Clerk of Court Child Support Enforcement

22  Collection System, whichever is greater, by the Clerk of Court

23  Child Support Enforcement Collection System Trust Fund after

24  any costs are paid by any other sources. Actual, documented

25  cost for full participation shall be determined by a jointly

26  funded independent entity selected by agreement of each

27  respective clerk and the Florida Association of Court Clerks

28  and Comptrollers. Any amount paid to the respective county

29  which is in excess of the actual cost to the county shall be

30  spent on ongoing maintenance of the automated child support

31  enforcement system. Subsequent ongoing maintenance costs

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 808

    Amendment No.    





 1  remain the responsibility of the individual participating

 2  depository.

 3         Section 20.  The sums of $24,480 from the General

 4  Revenue Fund and $47,520 from the Grants and Donations Trust

 5  Fund are appropriated to the Department of Revenue to

 6  implement the amendments to section 409.25657, Florida

 7  Statutes, by this act, relating to coordination with financial

 8  institutions in child support enforcement.

 9         Section 21.  The sums of $73,778 from the General

10  Revenue Fund and $143,216 from the Grants and Donations Trust

11  Fund are appropriated for fiscal year 1999-2000 to the

12  Department of Revenue to implement section 409.2564(13),

13  Florida Statutes, as created by this act, relating to payment

14  of a child support obligation to a caretaker relative.

15         Section 22.  There is appropriated from the General

16  Revenue Fund the sum of $50,770 and one full-time-equivalent

17  position to the Department of Revenue to provide non-Title

18  IV-D location services to political subdivisions of this

19  state, including any agency thereof providing child support

20  enforcement services to non-Title IV-D clients, as required by

21  this act.

22         Section 23.  Except as otherwise provided in this act,

23  this act shall take effect July 1, 1999.

24

25

26  ================ T I T L E   A M E N D M E N T ===============

27  And the title is amended as follows:

28         Delete everything before the enacting clause

29

30  and insert:

31                      A bill to be entitled

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 808

    Amendment No.    





 1         An act relating to child support; amending s.

 2         61.052, F.S.; requiring additional information

 3         on children of the marriage and parties to a

 4         dissolution of marriage; amending s. 61.13,

 5         F.S.; requiring certain identifying information

 6         for each minor that is the subject of a child

 7         support order; amending s. 61.1301, F.S.;

 8         clarifying that child support payments paid

 9         through income deduction shall be made to the

10         State Disbursement Unit; amending s. 61.13016,

11         F.S.; providing a time certain for delinquency

12         in payment which may result in suspension of

13         driver's licenses and motor vehicle

14         registrations; amending s. 61.14, F.S.;

15         deleting requirement that a certified copy of

16         the support order accompany a certified

17         statement of delinquent support payments;

18         amending s. 61.181, F.S.; providing for

19         collection of a service charge on certain

20         payments processed by the State Disbursement

21         Unit; amending s. 61.1824, F.S.; clarifying

22         that support payments shall be paid to the

23         State Disbursement Unit; amending s. 61.1825,

24         F.S.; providing conditions for placing a family

25         violence indicator on a record in the State

26         Case Registry; amending s. 61.1826, F.S.;

27         revising penalty for default of a depository;

28         providing for notice; deleting a report;

29         amending s. 409.2558, F.S.; providing for

30         review of distributions and disbursements of

31         child support payments; providing for recovery

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 808

    Amendment No.    





 1         of overpayments; providing for rules; amending

 2         s. 409.2561, F.S.; revising provisions relating

 3         to child support obligations when public

 4         assistance is paid; deleting provisions

 5         relating to a cooperative agreement between the

 6         executive director of the Department of Revenue

 7         and the Insurance Commissioner; requiring that

 8         funds retained by the state to reimburse public

 9         assistance payments made to or for the benefit

10         of dependent children be deposited into the

11         General Revenue Fund; amending s. 409.2564,

12         F.S.; revising provisions relating to subpoenas

13         for information necessary to establish, modify,

14         or enforce a child support order; providing for

15         challenge of subpoenas; providing an

16         administrative fine; providing for enforcement

17         and award of costs and fees; providing for

18         disposition of fines collected; providing for

19         expedited procedures for redirecting child

20         support payments to relative caretakers;

21         amending s. 409.25641, F.S.; revising

22         provisions relating to automated administrative

23         enforcement requests; amending s. 409.25656,

24         F.S.; providing time frame for an obligor's

25         consent to a levy for past due child support;

26         amending s. 409.25657, F.S.; revising

27         procedures and requirements with respect to

28         data exchanges with financial institutions for

29         child support enforcement; amending s.

30         409.2577, F.S.; deleting duplicate language;

31         amending s. 741.04, F.S.; modifying requirement

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 808

    Amendment No.    





 1         that a social security number or other

 2         documentation be given prior to issuance of a

 3         marriage license; providing for reimbursement

 4         to certain counties from the Clerk of Court

 5         Child Support Enforcement Collection System

 6         Trust Fund; providing appropriations; providing

 7         effective dates.

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

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27

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31

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