Senate Bill 0808c2

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    Florida Senate - 1999                     CS for CS for SB 808

    By the Committees on Fiscal Policy; Children and Families; and
    Senator Diaz-Balart




    309-2138-99

  1                      A bill to be entitled

  2         An act relating to child support enforcement;

  3         amending s. 61.052, F.S.; requiring additional

  4         information on children of the marriage and

  5         parties to a dissolution of marriage; amending

  6         s. 61.13, F.S.; requiring certain identifying

  7         information for each minor that is the subject

  8         of a child support order; amending s. 61.1301,

  9         F.S.; clarifying that child support payments

10         will be made to the State Disbursement Unit;

11         amending s. 61.13016, F.S.; providing a time

12         certain for delinquency in payment; amending s.

13         61.14, F.S.; deleting the requirement that a

14         certified copy of the support order accompany a

15         certified statement of delinquent support

16         payments; amending s. 61.1824, F.S.; clarifying

17         that support payments will be paid to the State

18         Disbursement Unit; amending s. 61.1825, F.S.;

19         defining family violence indicator; amending s.

20         61.1826, F.S.; amending penalty requirement;

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

22         review of agency action and for overpayment

23         recovery; authorizing the Department of Revenue

24         to adopt rules; amending s. 409.2561, F.S.;

25         providing that the court shall establish

26         liability of an obligor in compliance with the

27         child support guidelines; requiring deposit

28         into the General Revenue Fund of funds retained

29         by the state to reimburse public assistance

30         payments made to or for the benefit of

31         dependent children; deleting an obsolete

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  1         reference; amending s. 409.2564, F.S.;

  2         providing for department authority associated

  3         with subpoenas; providing for a fine; amending

  4         s. 409.2564, F.S.; providing an expedited

  5         procedure for redirecting child support

  6         payments to a relative caretaker under certain

  7         circumstances; amending s. 409.25641, F.S.;

  8         providing that the term automated

  9         administrative enforcement is defined under the

10         Social Security Act; amending s. 409.25656,

11         F.S.; providing that an obligor may consent in

12         writing to a levy; amending  s. 409.25657,

13         F.S.; providing that the department shall

14         coordinate with the Federal Parent Locator

15         Service, where applicable, to develop and

16         operate a data match system; providing that the

17         financial institution is required to provide an

18         average daily balance; amending s. 409.2577,

19         F.S.; deleting a redundant statement; providing

20         for appropriations; amending s. 741.04, F.S.;

21         modifying the requirement that a social

22         security number or other documentation be

23         provided prior to the issuing of a marriage

24         license; providing trust fund reimbursement to

25         certain counties; providing an effective date.

26

27  Be It Enacted by the Legislature of the State of Florida:

28

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

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

31         61.052  Dissolution of marriage.--

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

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

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

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

  5  minor children of the marriage.

  6         (8)  Pursuant to the federal Personal Responsibility

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

  8  required to provide his or her social security number in

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

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

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

12  social security numbers obtained through this requirement

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

14  IV-D program for child support enforcement.

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

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

17  Supplement, are amended to read:

18         61.13  Custody and support of children; visitation

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

20         (1)

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

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

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

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

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

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

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

28  support order.

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

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

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

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

  2  court is located upon the subsequent appearance of either or

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

  4  proceeding.

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

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

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

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

  9  party may subsequently apply to the depository to require

10  direction of the payments through the depository.  The court

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

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

13  payments be made through the depository, any party may

14  subsequently file an affidavit with the depository alleging a

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

16  wishes to require that payments be made through the

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

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

19  of the affidavit, the depository shall notify both parties

20  that future payments shall be paid through the depository.

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

22  rights as the obligee in requesting that payments be made

23  through the depository.

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

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

26  security number and date of birth to the court as well as the

27  full name, date of birth, and social security number of each

28  minor child that is the subject of such child support order if

29  this information has not previously been provided.  Pursuant

30  to the federal Personal Responsibility and Work Opportunity

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

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  1  his or her social security number in accordance with this

  2  section.  All social security numbers required by this section

  3  must be provided by the parties and maintained by the

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

  5  social security numbers obtained through this requirement

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

  7  IV-D program for child support enforcement.

  8         Section 3.  Subsection (1) of section 61.1301, Florida

  9  Statutes, 1998 Supplement, is amended to read:

10         61.1301  Income deduction orders.--

11         (1)  ISSUANCE IN CONJUNCTION WITH AN ORDER

12  ESTABLISHING, ENFORCING, OR MODIFYING AN OBLIGATION FOR

13  ALIMONY OR CHILD SUPPORT.--

14         (a)  Upon the entry of an order establishing,

15  enforcing, or modifying an obligation for alimony, for child

16  support, or for alimony and child support, other than a

17  temporary order, the court shall enter a separate order for

18  income deduction if one has not been entered.  Copies of the

19  orders shall be served on the obligee and obligor. If the

20  order establishing, enforcing, or modifying the obligation

21  directs that payments be made through the depository, the

22  court shall provide to the depository a copy of the order

23  establishing, enforcing, or modifying the obligation. If the

24  obligee is a recipient of Title IV-D services, the court shall

25  furnish to the Title IV-D agency a copy of the income

26  deduction order and the order establishing, enforcing, or

27  modifying the obligation.

28         1.  In Title IV-D cases, the Title IV-D agency may

29  implement income deduction after receiving a copy of an order

30  from the court under this paragraph or a forwarding agency

31

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  1  under UIFSA, URESA, or RURESA by issuing an income deduction

  2  notice to the payor.

  3         2.  The income deduction notice must state that it is

  4  based upon a valid support order and that it contains an

  5  income deduction requirement or upon a separate income

  6  deduction order. The income deduction notice must contain the

  7  notice to payor provisions specified by paragraph (2)(e). The

  8  income deduction notice must contain the following information

  9  from the income deduction order upon which the notice is

10  based: the case number, the court that entered the order, and

11  the date entered.

12         3.  Payors shall deduct support payments from income,

13  as specified in the income deduction notice, in the manner

14  provided under paragraph (2)(e).

15         4.  In non-Title IV-D cases, the income deduction

16  notice must be accompanied by a copy of the support order upon

17  which the notice is based. In Title IV-D cases, upon request

18  of a payor, the Title IV-D agency shall furnish the payor a

19  copy of the income deduction order.

20         5.  If a support order entered before January 1, 1994,

21  in a non-Title IV-D case does not specify income deduction,

22  income deduction may be initiated upon a delinquency without

23  the need for any amendment to the support order or any further

24  action by the court.  In such case the obligee may implement

25  income deduction by serving a notice of delinquency on the

26  obligor as provided for under paragraph (f).

27         (b)  The income deduction order shall:

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

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

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

31

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

  2  order.

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

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

  5  the periodic amount specified in the order establishing,

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

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

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

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

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

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

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

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

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

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

16  arrearage reported in the income deduction notice or the

17  remaining balance thereof, and forward the payment to the

18  governmental depository.  For purposes of this subparagraph,

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

20  compensation and which is in addition to any amounts

21  contracted for or otherwise legally due and shall not include

22  any commission payments due an obligor; and

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

24  the court depository the date on which each deduction is made.

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

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

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

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

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

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

31  child support obligation is being paid through income

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

  2  Disbursement Unit. Notwithstanding any other statutory

  3  provision to the contrary, funds received by the State

  4  Disbursement Unit shall be held, administered, and disbursed

  5  by the State Disbursement Unit pursuant to the provisions of

  6  this chapter.

  7         (c)  The income deduction order is effective

  8  immediately unless the court upon good cause shown finds that

  9  the income deduction order shall be effective upon a

10  delinquency in an amount specified by the court but not to

11  exceed 1 month's payment, pursuant to the order establishing,

12  enforcing, or modifying the obligation. In order to find good

13  cause, the court must at a minimum make written findings that:

14         1.  Explain why implementing immediate income deduction

15  would not be in the child's best interest;

16         2.  There is proof of timely payment of the previously

17  ordered obligation without an income deduction order in cases

18  of modification; and

19         3.a.  There is an agreement by the obligor to advise

20  the IV-D agency and court depository of any change in payor

21  and health insurance; or

22         b.  There is a signed written agreement providing an

23  alternative arrangement between the obligor and the obligee

24  and, at the option of the IV-D agency, by the IV-D agency in

25  IV-D cases in which there is an assignment of support rights

26  to the state, reviewed and entered in the record by the court.

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

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

29  further order of the court. Notwithstanding the foregoing,

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

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

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

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

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

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

  5  paid through income deduction, such payments shall be made

  6  payable to and delivered to the State Disbursement Unit and

  7  the payor shall not be obligated to remit with the child

  8  support payment any fee for the receiving, recording,

  9  reporting, disbursing, monitoring, or handling of child

10  support payments required in such order.

11         (e)  Statement of obligor's rights. When the court

12  orders the income deduction to be effective immediately, the

13  court shall furnish to the obligor a statement of his or her

14  rights, remedies, and duties in regard to the income deduction

15  order.  The statement shall state:

16         1.  All fees or interest which shall be imposed.

17         2.  The total amount of income to be deducted for each

18  pay period until the arrearage, if any, is paid in full and

19  shall state the total amount of income to be deducted for each

20  pay period thereafter.  The amounts deducted may not be in

21  excess of that allowed under s. 303(b) of the Consumer Credit

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

23         3.  That the income deduction order applies to current

24  and subsequent payors and periods of employment.

25         4.  That a copy of the income deduction order or, in

26  Title IV-D cases, the income deduction notice will be served

27  on the obligor's payor or payors.

28         5.  That enforcement of the income deduction order may

29  only be contested on the ground of mistake of fact regarding

30  the amount owed pursuant to the order establishing, enforcing,

31

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  1  or modifying the obligation, the arrearages, or the identity

  2  of the obligor, the payor, or the obligee.

  3         6.  That the obligor is required to notify the obligee

  4  and, when the obligee is receiving IV-D services, the IV-D

  5  agency within 7 days of changes in the obligor's address,

  6  payors, and the addresses of his or her payors.

  7         (f)  Notice of delinquency. If a support order was

  8  entered before January 1, 1994, or the court orders the income

  9  deduction to be effective upon a delinquency as provided in

10  paragraph (c), the obligee or, in Title IV-D cases, the Title

11  IV-D agency may enforce the income deduction by serving a

12  notice of delinquency on the obligor under this subsection.

13         1.  The notice of delinquency shall state:

14         a.  The terms of the order establishing, enforcing, or

15  modifying the obligation.

16         b.  The period of delinquency and the total amount of

17  the delinquency as of the date the notice is mailed.

18         c.  All fees or interest which may be imposed.

19         d.  The total amount of income to be deducted for each

20  pay period until the arrearage, and all applicable fees and

21  interest, is paid in full and shall state the total amount of

22  income to be deducted for each pay period thereafter.  The

23  amounts deducted may not be in excess of that allowed under s.

24  303(b) of the Consumer Credit Protection Act, 15 U.S.C. s.

25  1673(b), as amended.

26         e.  That the income deduction order applies to current

27  and subsequent payors and periods of employment.

28         f.  That a copy of the notice of delinquency will be

29  served on the obligor's payor or payors, together with a copy

30  of the income deduction order or, in Title IV-D cases, the

31  income deduction notice, unless the obligor applies to the

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  1  court to contest enforcement of the income deduction. The

  2  application shall be filed within 15 days after the date the

  3  notice of delinquency was served.

  4         g.  That enforcement of the income deduction order may

  5  only be contested on the ground of mistake of fact regarding

  6  the amount owed pursuant to the order establishing, enforcing,

  7  or modifying the obligation, the amount of arrearages, or the

  8  identity of the obligor, the payor, or the obligee.

  9         h.  That the obligor is required to notify the obligee

10  of the obligor's current address and current payors and of the

11  address of current payors.  All changes shall be reported by

12  the obligor within 7 days.  If the IV-D agency is enforcing

13  the order, the obligor shall make these notifications to the

14  agency instead of to the obligee.

15         2.  The failure of the obligor to receive the notice of

16  delinquency does not preclude subsequent service of the income

17  deduction order or, in Title IV-D cases, the income deduction

18  notice on the obligor's payor.  A notice of delinquency which

19  fails to state an arrearage does not mean that an arrearage is

20  not owed.

21         (g)  At any time, any party, including the IV-D agency,

22  may apply to the court to:

23         1.  Modify, suspend, or terminate the income deduction

24  order in accordance with a modification, suspension, or

25  termination of the support provisions in the underlying order;

26  or

27         2.  Modify the amount of income deducted when the

28  arrearage has been paid.

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

30  Statutes, is amended to read:

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  1         61.13016  Suspension of driver's licenses and motor

  2  vehicle registrations.--

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

  4  registration of a child support obligor who is delinquent in

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

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

  7  child support proceedings may be suspended.  When an obligor

  8  is 15 days delinquent in making a payment Upon a delinquency

  9  in child support or fails failure to comply with a subpoena,

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

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

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

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

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

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

16  Highway Safety and Motor Vehicles. Upon a delinquency in child

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

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

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

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

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

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

23  must state:

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

25  obligation;

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

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

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

29  similar order which has not been complied with;

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

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

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

  2  20 days after the date the notice is mailed, the obligor:

  3         1.a.  Pays the delinquency in full;

  4         b.  Enters into a written agreement for payment with

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

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

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

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

  9  the delinquency action; and

10         2.  Pays any applicable delinquency fees.

11

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

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

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

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

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

17  61.14, Florida Statutes, 1998 Supplement, is amended to read:

18         61.14  Enforcement and modification of support,

19  maintenance, or alimony agreements or orders.--

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

21  local depository, any payment or installment of support which

22  becomes due and is unpaid under any support order is

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

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

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

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

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

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

29  deduction shall be made by the local depository from any

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

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

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  1  amount of support payments due the obligee under the judgment

  2  has been paid.

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

  4  certified statement by the local depository evidencing a

  5  delinquency in support payments constitute evidence of the

  6  final judgment under this paragraph.

  7         3.  The judgment under this paragraph is a final

  8  judgment as to any unpaid payment or installment of support

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

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

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

12  modify such judgment as to any unpaid payment or installment

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

14  motion to alter or modify the support order.  This

15  subparagraph does not prohibit the court from providing relief

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

17  Civil Procedure.

18         (b)1.  When an obligor is 15 days delinquent in making

19  a payment or installment of support, the local depository

20  shall serve notice on the obligor informing him or her of:

21         a.  The delinquency and its amount.

22         b.  An impending judgment by operation of law against

23  him or her in the amount of the delinquency and all other

24  amounts which thereafter become due and are unpaid, together

25  with costs and a fee of $5, for failure to pay the amount of

26  the delinquency.

27         c.  The obligor's right to contest the impending

28  judgment and the ground upon which such contest can be made.

29         d.  The local depository's authority to release

30  information regarding the delinquency to one or more credit

31  reporting agencies.

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  1         2.  The local depository shall serve the notice by

  2  mailing it by first class mail to the obligor at his or her

  3  last address of record with the local depository. If the

  4  obligor has no address of record with the local depository,

  5  service shall be by publication as provided in chapter 49.

  6         3.  When service of the notice is made by mail, service

  7  is complete on the date of mailing.

  8         (c)  Within 15 days after service of the notice is

  9  complete, the obligor may file with the court that issued the

10  support order, or with the court in the circuit where the

11  local depository which served the notice is located, a motion

12  to contest the impending judgment.  An obligor may contest the

13  impending judgment only on the ground of a mistake of fact

14  regarding an error in whether a delinquency exists, in the

15  amount of the delinquency, or in the identity of the obligor.

16         (d)  The court shall hear the obligor's motion to

17  contest the impending judgment within 15 days after the date

18  of the filing of the motion. Upon the court's denial of the

19  obligor's motion, the amount of the delinquency and all other

20  amounts which thereafter become due, together with costs and a

21  fee of $5, become a final judgment by operation of law against

22  the obligor. The depository shall charge interest at the rate

23  established in s. 55.03 on all judgments for child support.

24         (e)  If the obligor fails to file a motion to contest

25  the impending judgment within the time limit prescribed in

26  paragraph (c) and fails to pay the amount of the delinquency

27  and all other amounts which thereafter become due, together

28  with costs and a fee of $5, such amounts become a final

29  judgment by operation of law against the obligor at the

30  expiration of the time for filing a motion to contest the

31  impending judgment.

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  1         (f)1.  Upon request of any person, the local depository

  2  shall issue, upon payment of a fee of $5, a payoff statement

  3  of the total amount due under the judgment at the time of the

  4  request. The statement may be relied upon by the person for up

  5  to 30 days from the time it is issued unless proof of

  6  satisfaction of the judgment is provided.

  7         2.  When the depository records show that the obligor's

  8  account is current, the depository shall record a satisfaction

  9  of the judgment upon request of any interested person and upon

10  receipt of the appropriate recording fee.  Any person shall be

11  entitled to rely upon the recording of the satisfaction.

12         3.  The local depository, at the direction of the

13  department, or the obligee in a non-IV-D case, may partially

14  release the judgment as to specific real property, and the

15  depository shall record a partial release upon receipt of the

16  appropriate recording fee.

17         4.  The local depository is not liable for errors in

18  its recordkeeping, except when an error is a result of

19  unlawful activity or gross negligence by the clerk or his or

20  her employees.

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

22  Florida Statutes, 1998 Supplement, to read:

23         61.1824  State Disbursement Unit.--

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

25  the State Disbursement Unit becomes operational, all support

26  payments for cases to which the requirements of this section

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

28  Disbursement Unit. Notwithstanding any other statutory

29  provision to the contrary, funds received by the State

30  Disbursement Unit shall be held, administered, and disbursed

31

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  1  by the State Disbursement Unit pursuant to the provisions of

  2  this chapter.

  3         Section 7.  Section 61.1825, Florida Statutes, 1998

  4  Supplement, is amended to read:

  5         61.1825  State Case Registry.--

  6         (1)  The Department of Revenue or its agent shall

  7  operate and maintain a State Case Registry as provided by 42

  8  U.S.C. s. 654A. The State Case Registry must contain records

  9  for:

10         (a)  Each case in which services are being provided by

11  the department as the state's Title IV-D agency; and

12         (b)  By October 1, 1998, each support order established

13  or modified in the state on or after October 1, 1998, in which

14  services are not being provided by the Title IV-D agency.

15

16  The department shall maintain that part of the State Case

17  Registry that includes support order information for Title

18  IV-D cases on the department's child support enforcement

19  automated system.

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

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

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

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

24  electronic format prescribed by the department, the following

25  information to that component of the State Case Registry that

26  receives, maintains, and transmits support order information

27  for non-Title IV-D cases:

28         (a)  The names of the obligor, obligee, and child or

29  children;

30         (b)  The social security numbers of the obligor,

31  obligee, and child or children;

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  1         (c)  The dates of birth of the obligor, obligee, and

  2  child or children;

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

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

  5  domestic violence or protective action;

  6         (e)  The date the support order was established or

  7  modified;

  8         (f)  The case identification number, which is the

  9  two-digit numeric county code followed by the civil circuit

10  case number;

11         (g)  The federal information processing system numeric

12  designation for the county and state where the support order

13  was established or modified; and

14         (h)  Any other data as may be required by the United

15  States Secretary of Health and Human Services.

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

17  indicator must be placed on a record when:

18         (a)  A party executes a sworn statement requesting a

19  family violence indicator be placed on that party's record

20  which states they have reason to believe that release of

21  information to the Federal Case Registry may result in

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

23  statement must be accompanied by a court determination of

24  domestic violence or child abuse as evidenced by:

25         1.  A final injunction pursuant to chapter 741 or 784;

26         2.  A judgment that indicates a finding of domestic

27  violence;

28         3.  The entering of a dependency order pursuant to

29  chapter 39; or

30         4.  A criminal conviction resulting from domestic

31  violence.

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  1         (b)  A party is a participant in the address

  2  confidentiality program as defined in s. 741.403.

  3         (c)  The department has received information from the

  4  Domestic Violence and Repeat Violence Injunction Statewide

  5  Verification System that a court has granted a party a

  6  domestic violence or repeat violence injunction.

  7         (4)(3)  The depository, using standardized data

  8  elements, shall provide the support order information required

  9  by subsection (2) to the entity that maintains the non-Title

10  IV-D support order information for the State Case Registry at

11  a frequency and in a format prescribed by the department.

12         (5)(4)  The entity that maintains State Case Registry

13  information for non-Title IV-D cases shall make the

14  information available to the department in a readable and

15  searchable electronic format that is compatible with the

16  department's automated child support enforcement system.

17         (6)(5)  State Case Registry information must be

18  transmitted electronically to the Federal Case Registry of

19  Child Support Orders by the department in a manner and

20  frequency prescribed by the United States Secretary of Health

21  and Human Services.

22         Section 8.  Subsection (9) of section 61.1826, Florida

23  Statutes, is amended to read:

24         61.1826  Procurement of services for State Disbursement

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

26  Registry; contracts and cooperative agreements; penalties;

27  withholding payment.--

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

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

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

31  after notice and an opportunity to cure an otherwise curable

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

  2  of the cooperative agreement, the failure to comply subjects

  3  the county officer or officers responsible for the depository

  4  to the sanctions provided in Article IV of the State

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

  6  subject to sanctions under Article IV of the State

  7  Constitution for any noncurable default resulting from

  8  circumstances or conditions outside the control of the

  9  depository. If a depository fails to comply with this

10  requirement or with any material contractual term or other

11  state or federal requirement, the failure constitutes

12  misfeasance which subjects the county officer or officers

13  responsible for the depository to suspension under Art. IV of

14  the State Constitution. The department shall report any

15  continuing acts of misfeasance by a depository to the Governor

16  and Cabinet and to the Florida Association of Court Clerks.

17         Section 9.  Section 409.2558, Florida Statutes, 1998

18  Supplement, is amended to read:

19         409.2558  Child support distribution and

20  disbursement.--

21         (1)  The department shall distribute and disburse child

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

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

24  the Secretary of the United States Department of Health and

25  Human Services.

26         (2)  A recipient of collection and distribution

27  services of the department's Child Support Enforcement Program

28  may request a reconsideration by the department concerning the

29  amount collected, the date collected, the amount distributed,

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

31  department shall establish by rule a reconsideration procedure

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  1  for informal review of agency action in distributing and

  2  disbursing child support payments collected by the department.

  3  The procedures must provide the recipients of services with an

  4  opportunity to review the department's actions before a

  5  hearing is requested under chapter 120.

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

  7  support obligee has received an overpayment of child support

  8  from the department due to mistake or fraud, the department

  9  may take action to recover the overpayment. The department may

10  establish by rule a procedure to recover overpayments.

11         Section 10.  Subsections (1) and (5) of section

12  409.2561, Florida Statutes, 1998 Supplement, are amended to

13  read:

14         409.2561  Child support obligations when public

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

16  and health insurance information.--

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

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

19  in an amount determined under the child support guidelines

20  equal to the amount of public assistance paid. In accordance

21  with 42 U.S.C. s. 657, the state shall retain amounts

22  collected only to the extent necessary to reimburse amounts

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

24  collected shall be deposited into the General Revenue Fund up

25  to the level specified in s. 61.1812. If there has been a

26  prior court order or final judgment of dissolution of marriage

27  establishing an obligation of support, the obligation is

28  limited to the amount provided by such court order or decree.

29  The obligor shall discharge the reimbursement obligation. If

30  the obligor fails to discharge the reimbursement obligation,

31  the department may apply for a contempt order to enforce

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  1  reimbursement for support furnished. The extraordinary remedy

  2  of contempt is applicable in child support enforcement cases

  3  because of the public necessity for ensuring that dependent

  4  children be maintained from the resources of their parents,

  5  thereby relieving, at least in part, the burden presently

  6  borne by the general citizenry through the public assistance

  7  program. If there is no prior court order establishing an

  8  obligation of support, the court shall establish the liability

  9  of the obligor, if any, by applying the child support

10  guidelines for reimbursement of public assistance moneys paid.

11  Priority shall be given to establishing continuing reasonable

12  support for the dependent child. The department may apply for

13  modification of a court order on the same grounds as either

14  party to the cause and shall have the right to settle and

15  compromise actions brought pursuant to law.

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

17  assignment in effect pursuant to this section:

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

19  information for Medicaid recipients and applicants for

20  Medicaid and provide this information to the state Medicaid

21  agency for third-party liability purposes.

22         (b)  When the obligor receives health insurance

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

24  provide health insurance policy information, including any

25  information available about the health insurance policy which

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

27  maintenance or preferred provider organization, service to be

28  provided, to the state Medicaid agency.

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

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

31

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

  2  notified within 30 days when such coverage is discontinued.

  3         (d)  Entities providing health insurance as defined in

  4  s. 624.603 and health maintenance organizations and prepaid

  5  health clinics as defined in chapter 641 shall provide such

  6  records and information as is necessary to accomplish the

  7  purpose of this subsection, unless such requirement results in

  8  an unreasonable burden.

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

10  commissioner of the Department of Insurance shall enter into a

11  cooperative agreement for requesting and obtaining information

12  necessary to effect the purpose and objectives of this

13  subsection:

14         1.  The department shall only request that information

15  necessary to determine whether health insurance as defined

16  pursuant to s. 624.603 or those health services provided

17  pursuant to chapter 641 is discontinued.

18         2.  All information obtained pursuant to subparagraph

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

20  119.07(1).

21         3.  The cooperative agreement or rules promulgated

22  hereunder may include financial arrangements to reimburse the

23  reporting entities for reasonable costs or a portion thereof

24  incurred in furnishing the requested information. Neither the

25  cooperative agreement nor the rules shall require the

26  automation of manual processes to provide the requested

27  information.

28         4.  The department and the Department of Insurance

29  jointly shall promulgate rules for the development and

30  administration of the cooperative agreement. The rules shall

31  include the following:

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  1         a.  A method for identifying those entities subject to

  2  furnishing information under the cooperative agreement;

  3         b.  A method for furnishing requested information; and

  4         c.  Procedures for requesting exemption from the

  5  cooperative agreement based on an unreasonable burden to the

  6  reporting entity.

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

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

  9  discontinued due to cancellation or other means, the Medicaid

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

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

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

13  enforcement.

14         Section 11.  Subsection (8) of section 409.2564,

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

16         409.2564  Actions for support.--

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

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

19  financial and other information necessary to establish,

20  modify, or enforce a child support order.

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

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

23  another state's Title IV-D agency or any investigation under

24  this chapter, any designated employee designated by the

25  director of this state's Title IV-D agency or authorized under

26  another state's law may administer oaths or affirmations,

27  subpoena witnesses and compel their attendance, take evidence

28  and require the production of any matter which is relevant to

29  the child support enforcement action investigation, including

30  the existence, description, nature, custody, condition, and

31  location of any books, documents, or other tangible things and

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  1  the identity and location of persons having knowledge of

  2  relevant facts or any other matter reasonably calculated to

  3  lead to the discovery of material evidence.

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

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

  6  120.569(2)(k)1. While a subpoena is being challenged, the

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

  8  this paragraph until the challenge is complete and the

  9  subpoena has been found to be valid Prior to making

10  application to the court for an order compelling compliance

11  with a subpoena, the department shall issue a written

12  notification of noncompliance.  Failure to comply with the

13  subpoena or challenge the subpoena as provided in this

14  paragraph within 15 days after service of the subpoena may

15  result in the agency taking the following actions:

16         1.  Imposition of an administrative fine of not more

17  than $500;

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

19  120.569(2)(k)2. When a subpoena is enforced under s.

20  120.569(2)(k)2., the court may award costs and attorney's fees

21  to the prevailing party in accordance with that section.

22         (c)  The Title IV-D agency may seek to collect

23  administrative fines imposed under paragraph (b) by filing a

24  petition in the circuit court of the judicial circuit in which

25  the person against whom the fine was imposed resides. All

26  fines collected under this section shall be deposited into the

27  Child Support Enforcement Application and Program Revenue

28  Trust Fund. receipt of the written notification without good

29  cause may result in the application by the Title IV-D agency

30  to the circuit court for an order compelling compliance with

31  the subpoena.  The person who is determined to be in

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  1  noncompliance with the subpoena shall be liable for reasonable

  2  attorney's fees and costs associated with the department

  3  bringing this action upon showing by the department that the

  4  person failed to comply with the request without good cause.

  5         Section 12.  Effective October 1, 1999, present

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

  7  Supplement, is redesignated as subsection (14), and a new

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

  9         409.2564  Actions for support.--

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

11  modification of a child support order and the petition is

12  accompanied by a verified motion signed by the department to

13  redirect payment alleging that:

14         1.  The child is residing with a relative caretaker, as

15  defined in s. 414.0252, and the relative caretaker receives

16  temporary cash assistance, as defined in s. 414.0252; or

17         2.  The child was formerly residing with a relative

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

19  payments were redirected to the relative caretaker, and the

20  child is now residing with the original payee,

21

22  The court shall enter a temporary order, ex parte, within 5

23  days which redirects the child support payments to the

24  relative caretaker or the original payee, pending a final

25  hearing, and may grant such relief as the court deems proper.

26  Upon the filing of a verified motion by the department to

27  redirect payment, the relative caretaker is deemed a party to

28  the proceedings.

29         (b)  If the court subsequently determines that the

30  child support payments were improperly diverted, the

31  department shall pay the improperly diverted child support

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  1  payments to the appropriate party and shall attempt to recoup

  2  any child support improperly paid.

  3         Section 13.  Subsection (1) of section 409.25641,

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

  5         409.25641  Procedures for processing automated

  6  administrative enforcement requests.--

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

  8  administrative enforcement, as defined in the Social Security

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

10  support order and shall promptly report the results of

11  enforcement action to the requesting state. "Automated

12  administrative enforcement" means the use of automated data

13  processing to search state databases and determine whether

14  information is available regarding the parent who owes a child

15  support obligation.

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

17  Florida Statutes, is amended to read:

18         409.25656  Garnishment.--

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

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

21  respect to any past due or overdue child support obligation

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

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

24  levy.

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

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

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

28  the person's last known address.

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

30  a brief statement that sets forth:

31

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

  2  sale of property;

  3         2.  The procedures applicable to the levy under this

  4  section;

  5         3.  The administrative and judicial appeals available

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

  7  procedures relating to such appeals; and

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

  9  which could prevent levy on the property.

10         (d)  The obligor may consent in writing to the levy any

11  time after receipt of a notice of intent to levy.

12         Section 15.  Subsection (2) of section 409.25657,

13  Florida Statutes, is amended to read:

14         409.25657  Requirements for financial institutions.--

15         (2)  The department shall develop procedures to enter

16  into agreements with financial institutions doing business in

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

18  financial institutions and the Federal Parent Locator Service

19  in the case of financial institutions doing business in two or

20  more states, to develop and operate a data match system, using

21  automated data exchanges to the maximum extent feasible, in

22  which each financial institution is required to provide for

23  each calendar quarter the name, record address, social

24  security number or other taxpayer identification number,

25  average daily account balance, and other identifying

26  information for:

27         (a)  Each noncustodial parent who maintains an account

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

29  identified by the department by name and social security

30  number or other taxpayer identification number; or.

31

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

  2  individual who maintains an account at such institution. Use

  3  of this information must be limited to the purpose of

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

  5  enforcement.

  6         Section 16.  Section 409.2577, Florida Statutes, 1998

  7  Supplement, is amended to read:

  8         409.2577  Parent locator service.--The department shall

  9  establish a parent locator service to assist in locating

10  parents who have deserted their children and other persons

11  liable for support of dependent children.  The department

12  shall use all sources of information available, including the

13  Federal Parent Locator Service, and may request and shall

14  receive information from the records of any person or the

15  state or any of its political subdivisions or any officer

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

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

18  the department any information relating to location, salary,

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

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

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

22  This provision shall expressly take precedence over any other

23  statutory nondisclosure provision which limits the ability of

24  an agency to disclose such information, except that law

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

26  required to be disclosed, and except that confidential

27  taxpayer information possessed by the Department of Revenue

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

29  213.053(15).  Nothing in this section requires the disclosure

30  of information if such disclosure is prohibited by federal

31  law. Information gathered or used by the parent locator

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

  2  119.07(1). Additionally, the department is authorized to

  3  collect any additional information directly bearing on the

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

  5  owing an obligation of support for a dependent child.

  6  Information gathered or used by the parent locator service is

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

  8  The department may make such information available only to

  9  public officials and agencies of this state; political

10  subdivisions of this state; the custodial parent, legal

11  guardian, attorney, or agent of the child; and other states

12  seeking to locate parents who have deserted their children and

13  other persons liable for support of dependents, for the sole

14  purpose of establishing, modifying, or enforcing their

15  liability for support, and shall make such information

16  available to the Department of Children and Family Services

17  for the purpose of diligent search activities pursuant to

18  chapter 39. If the department has reasonable evidence of

19  domestic violence or child abuse and the disclosure of

20  information could be harmful to the custodial parent or the

21  child of such parent, the child support program director or

22  designee shall notify the Department of Children and Family

23  Services and the Secretary of the United States Department of

24  Health and Human Services of this evidence. Such evidence is

25  sufficient grounds for the department to disapprove an

26  application for location services.

27         Section 17.  The sum of $24,480 from the General

28  Revenue Fund and the sum of $47,520 from the Grants and

29  Donations Trust Fund are appropriated to the Department of

30  Revenue to implement the amendments made by this act to

31  section 409.25657, Florida Statutes, 1998 Supplement.

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

  2  Statutes, 1998 Supplement, is amended to read:

  3         741.04  Marriage license issued.--

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

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

  6  any person unless there shall be first presented and filed

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

  8  parties to the marriage, providing the social security numbers

  9  or any other available identification numbers of each party,

10  made and subscribed before some person authorized by law to

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

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

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

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

15  federal Personal Responsibility and Work Opportunity

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

17  his or her social security number in accordance with this

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

19  only marriage but also responsible parenting, which may

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

21  issued a social security number must provide that number.

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

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

24  registration documentation, or other proof of immigration

25  registration from the United States Immigration and

26  Naturalization Service that contains the individual's alien

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

28  as the state determines constitutes reasonable evidence

29  indicating a satisfactory immigration status, shall be

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

31  social security numbers or other identification numbers

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  1  obtained through this requirement shall be limited to the

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

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

  4  United States may provide either a social security number or

  5  an alien number if one has been issued by the United States

  6  Immigration and Naturalization Service. Any person who is not

  7  a citizen of the United States and who has not been issued a

  8  social security number or an alien number is encouraged to

  9  provide another form of identification. Nothing in this

10  section shall be construed to mean that a county court judge

11  or clerk of the circuit court in this state shall not issue a

12  marriage license to individuals who are not citizens of the

13  United States if one or both of the parties are unable to

14  provide a social security number, alien number, or other

15  identification number.

16         Section 19.  Fifty percent of the actual, documented

17  cost for full participation for Miami-Dade, Seminole, and

18  Collier counties will be reimbursed by the Clerk of the Court

19  Child Support Enforcement Collection System Trust Fund after

20  any costs are paid by any other sources. Actual documented

21  cost for full participation will be determined by a jointly

22  funded, independent entity selected by agreement of each of

23  the respective county clerks and the Florida Association of

24  Court Clerks and Comptrollers. Ongoing maintenance costs

25  remain the responsibility of the individual participating

26  depository.

27         Section 20.  The sum of $73,778 from the General

28  Revenue Fund and the sum of $143,216 from the Grants and

29  Donations Trust Fund are appropriated to the Department of

30  Revenue to implement the amendments made by this act to

31  section 409.2564, Florida Statutes.

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






    Florida Senate - 1999                     CS for CS for SB 808
    309-2138-99




  1         Section 21.  Except as otherwise expressly provided in

  2  this act, this act shall take effect July 1, 1999.

  3

  4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  5                            CS/SB 808

  6

  7  Provides that child support collections for public assistance
    recipients shall be deposited into the General Revenue Fund up
  8  to the level specified in s. 61.1812, F.S.

  9  Provides an expedited procedure for redirecting child support
    payments to a relative caretaker under certain circumstances.
10
    Deletes the section related to falsifying records that allowed
11  redaction or removal of social security numbers on court filed
    documents and language that provided for contingent repeal of
12  provisions allowing such redaction.

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