Senate Bill sb1284

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    Florida Senate - 2001                                  SB 1284

    By Senator Peaden





    1-967-01

  1                      A bill to be entitled

  2         An act relating to child support enforcement;

  3         amending ss. 61.11, 61.13, 61.13015, 61.13016,

  4         61.13017, 61.181, 61.1824, 409.2557, 409.25575,

  5         409.2561, 409.2564, 409.2565, 409.25657,

  6         409.2567, 409.2578, 409.2579, 409.2594,

  7         409.2598, 414.095, 443.051, F.S.; deleting

  8         reference to child support and providing

  9         reference to support; amending ss. 69.041,

10         213.053, 231.097, 320.05, 328.42, 414.065,

11         455.203, 456.004, 559.79, 943.053, F.S.;

12         including reference to the definition of

13         support; amending s. 24.115, F.S.; including

14         spousal support or alimony for former spouse of

15         an obligor if child support is being enforced

16         by the Department of Revenue among a list of

17         items which must be paid prior to the award of

18         certain prizes; amending s. 61.046, F.S.;

19         redefining the term "support order"; defining

20         the term "support"; amending s. 61.1354, F.S.;

21         revising provisions with respect to the sharing

22         of information between consumer reporting

23         agencies and the Title IV-D agency; amending s.

24         61.14, F.S.; including reference to the State

25         Disbursement Unit with respect to support

26         payments; amending s. 61.14, F.S.; providing

27         requirements for judges of compensation claims

28         with respect to settlement of a lump-sum

29         payment; amending s. 61.1825, F.S.; revising

30         provisions with respect to the state case

31         registry to include additional provisions

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  1         requiring the placement of a family violence

  2         indicator in the record; amending s. 61.30,

  3         F.S.; redefining the term "gross income" with

  4         respect to child support guidelines; amending

  5         s. 322.058, F.S.; including additional

  6         provisions requiring the suspension of a

  7         drivers' license for failure to comply with a

  8         subpoena, order to appear, order to show cause,

  9         or similar order with respect to a delinquent

10         support obligation; amending s. 322.142, F.S.;

11         including an additional reason that

12         reproductions of records with respect to

13         drivers' licenses may be sent from the

14         Department of Highway Safety and Motor

15         Vehicles; amending s. 328.42, F.S.; authorizing

16         the Department of Highway Safety and Motor

17         Vehicles to allow the Department of Revenue to

18         screen applicants for new or renewal vessel

19         registrations to assure compliance with an

20         obligation for support; amending s. 409.2554,

21         F.S.; redefining the term "public assistance"

22         and "support"; defining the terms

23         "undistributable collection" and

24         "unidentifiable collection"; amending s.

25         409.2558, F.S.; revising provisions with

26         respect to support distribution and

27         disbursement to include reference to

28         undistributable collections and unidentifiable

29         collections; amending s. 409.2561, F.S.;

30         deleting reference to public assistance and

31         including reference to temporary cash

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

  2         revising provisions with respect to actions for

  3         support; amending s. 409.25645, F.S.; revising

  4         provisions with respect to administrative

  5         orders for genetic testing; amending s.

  6         409.25656, F.S.; revising provisions with

  7         respect to garnishment; amending s. 409.2572,

  8         F.S.; including reference to public assistance

  9         with respect to certain acts of noncooperation;

10         amending s. 409.2578, F.S.; revising provisions

11         with respect to access to employment

12         information for enforcing support obligations;

13         repealing s. 409.2591, F.S.; relating to

14         unidentifiable moneys held in a special

15         account; amending s. 414.32, F.S.; revising

16         provisions with respect to certain food stamp

17         programs; amending s. 440.20, F.S.; revising

18         provisions with respect to lump-sum payments

19         under workers compensation; amending s. 440.22,

20         F.S.; providing that exemption of workers'

21         compensation claims from creditors does not

22         extend to claims based on an award of child

23         support or alimony; amending s. 742.12, F.S.;

24         revising provisions with respect to scientific

25         testing to determine paternity; providing

26         effective dates.

27  

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

29  

30         Section 1.  Subsection (4) of section 24.115, Florida

31  Statutes, is amended to read:

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  1         24.115  Payment of prizes.--

  2         (4)  It is the responsibility of the appropriate state

  3  agency and of the judicial branch to identify to the

  4  department, in the form and format prescribed by the

  5  department, persons owing an outstanding debt to any state

  6  agency or owing child support collected through a court,

  7  including spousal support or alimony for the spouse or former

  8  spouse of the obligor if the child support obligation is being

  9  enforced by the Department of Revenue. Prior to the payment of

10  a prize of $600 or more to any claimant having such an

11  outstanding obligation, the department shall transmit the

12  amount of the debt to the agency claiming the debt and shall

13  authorize payment of the balance to the prize winner after

14  deduction of the debt.  If a prize winner owes multiple debts

15  subject to offset under this subsection and the prize is

16  insufficient to cover all such debts, the amount of the prize

17  shall be transmitted first to the agency claiming that past

18  due child support is owed.  If a balance of lottery prize

19  remains after payment of past due child support, the remaining

20  lottery prize amount shall be transmitted to other agencies

21  claiming debts owed to the state, pro rata, based upon the

22  ratio of the individual debt to the remaining debt owed to the

23  state.

24         Section 2.  Subsection (18) of section 61.046, Florida

25  Statutes, is amended, and subsection (19) is added to that

26  section, to read:

27         61.046  Definitions.--As used in this chapter:

28         (18)  "Support order" means a judgment, decree, or

29  order, whether temporary or final, issued by a court of

30  competent jurisdiction for the support and maintenance of a

31  child which provides for monetary support, health care,

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  1  arrearages, or past support. When the child support obligation

  2  is being enforced by the Department of Revenue, the term

  3  "support order" also means a judgment, decree, or order,

  4  whether temporary or final, issued by a court of competent

  5  jurisdiction for the support and maintenance of a child and

  6  the spouse or former spouse of the obligor with whom the child

  7  is living which provides for monetary support, health care,

  8  arrearages, or past support.

  9         (19)  "Support," unless otherwise specified, means:

10         (a)  Child support and, when the child support

11  obligation is being enforced by the Department of Revenue,

12  spousal support or alimony for the spouse or former spouse of

13  the obligor with whom the child is living.

14         (b)  Child support only in cases not being enforced by

15  the Department of Revenue.

16         Section 3.  Paragraph (a) of subsection (2) of section

17  61.11, Florida Statutes, is amended to read:

18         61.11  Writs.--

19         (2)(a)  When the court issues a writ of bodily

20  attachment in connection with a court-ordered child support

21  obligation, the writ or attachment to the writ must include,

22  at a minimum, such information on the respondent's physical

23  description and location as is required for entry of the writ

24  into the Florida Crime Information Center telecommunications

25  system and authorization for the assessment and collection of

26  the actual costs associated with the service of the writ and

27  transportation of the respondent in compliance thereof.  The

28  writ shall direct that service and execution of the writ may

29  be made on any day of the week and any time of the day or

30  night.

31  

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  1         Section 4.  Paragraph (a) of subsection (9) of section

  2  61.13, Florida Statutes, is amended to read:

  3         61.13  Custody and support of children; visitation

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

  5         (9)(a)  Beginning July 1, 1997, each party to any

  6  paternity or child support proceeding is required to file with

  7  the tribunal as defined in s. 88.1011(22) and State Case

  8  Registry upon entry of an order, and to update as appropriate,

  9  information on location and identity of the party, including

10  social security number, residential and mailing addresses,

11  telephone number, driver's license number, and name, address,

12  and telephone number of employer. Beginning October 1, 1998,

13  each party to any paternity or child support proceeding in a

14  non-Title IV-D case shall meet the above requirements for

15  updating the tribunal and State Case Registry.

16         Section 5.  Subsection (1) of section 61.13015, Florida

17  Statutes, is amended to read:

18         61.13015  Petition for suspension or denial of

19  professional licenses and certificates.--

20         (1)  An obligee may petition the court which entered

21  the support order or the court which is enforcing the support

22  order for an order to suspend or deny the license or

23  certificate issued pursuant to chapters 231, 409, 455, 456,

24  and 559 of any obligor with a delinquent child support

25  obligation. However, no petition may be filed until the

26  obligee has exhausted all other available remedies. The

27  purpose of this section is to promote the public policy of s.

28  409.2551.

29         Section 6.  Subsection (1) of section 61.13016, Florida

30  Statutes, is amended to read:

31  

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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 is

  8  15 days delinquent making a payment in child support or

  9  failure to comply with a subpoena, order to appear, order to

10  show cause, or similar order in IV-D cases, the Title IV-D

11  agency may provide notice to the obligor of the delinquency or

12  failure to comply with a subpoena, order to appear, order to

13  show cause, or similar order and the intent to suspend by

14  regular United States mail that is posted to the obligor's

15  last address of record with the Department of Highway Safety

16  and Motor Vehicles. When an obligor is 15 days delinquent in

17  making a payment in child support in non-IV-D cases, and upon

18  the request of the obligee, the depository or the clerk of the

19  court must provide notice to the obligor of the delinquency

20  and the intent to suspend by regular United States mail that

21  is posted to the obligor's last address of record with the

22  Department of Highway Safety and Motor Vehicles.  In either

23  case, the notice 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 7.  Section 61.13017, Florida Statutes, is

17  amended to read:

18         61.13017  Withholding refund of motor vehicle impact

19  fee.--The Department of Revenue must notify the Department of

20  Banking and Finance of the names of delinquent child support

21  obligors and the amount of the delinquencies.  If a delinquent

22  child support obligor is entitled to receive a refund of the

23  motor vehicle impact fee from the state, the Department of

24  Banking and Finance must, upon such notice, withhold the

25  amount of the delinquency from the refund to that obligor.

26  The Department of Banking and Finance shall notify the

27  obligors that their refund is being withheld pursuant to this

28  section for the purpose of paying the obligor's delinquent

29  child support obligations.  The Department of Banking and

30  Finance must transmit the amount withheld to the Department of

31  Revenue to be applied to the delinquent child support

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  1  obligation and transmit the balance, if any, to the delinquent

  2  obligor.

  3         Section 8.  Subsections (2) and (3) of section 61.1354,

  4  Florida Statutes, are amended to read:

  5         61.1354  Sharing of information between consumer

  6  reporting agencies and the IV-D agency.--

  7         (2)  The IV-D agency shall report periodically to

  8  appropriate consumer credit reporting agencies, as identified

  9  by the IV-D agency, the name and social security number of any

10  delinquent obligor and the amount of overdue support owed by

11  the obligor.  The IV-D agency, or its designee, shall provide

12  the obligor with written notice, at least 15 days prior to the

13  initial release of information, of the IV-D agency's authority

14  to release the information periodically to the consumer

15  reporting agencies. The notice shall state the amount of

16  overdue support owed and shall inform the obligor of the right

17  to request a hearing with the IV-D agency within 15 days after

18  receipt of the notice or the court in non-Title-IV-D cases to

19  contest the accuracy of the information. After the initial

20  notice is given, no further notice or opportunity for a

21  hearing need be given when updated information concerning the

22  same obligor is periodically released to the consumer

23  reporting agencies.

24         (3)  For purposes of determining an individual's income

25  and establishing an individual's capacity to make child

26  support payments or for determining the appropriate amount of

27  child support such payment to be made by the individual,

28  consumer reporting agencies shall provide, upon request,

29  consumer reports to the head of the IV-D agency pursuant to s.

30  604 of the Fair Credit Reporting Act, provided that the head

31  of the IV-D agency, or its designee, certifies that:

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  1         (a)  The consumer report is needed for the purpose of

  2  determining an individual's income and establishing an

  3  individual's capacity to make child support payments or

  4  determining the appropriate amount of child support such

  5  payment to be made by the individual;

  6         (b)  Paternity of the child of the individual whose

  7  report is sought, if that individual is the father of the

  8  child, has been established or acknowledged pursuant to the

  9  laws of Florida;

10         (c)  The individual whose report is sought was provided

11  with at least 15 days' prior notice, by certified or

12  registered mail to the individual's last known address, that

13  the report was requested; and

14         (d)  The consumer report will be used solely for the

15  purpose described in paragraph (a).

16         Section 9.  Paragraphs (a) and (d) of subsection (6) of

17  section 61.14, Florida Statutes, 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 or through the State Disbursement Unit, any

22  payment or installment of support which becomes due and is

23  unpaid under any support order is delinquent; and this unpaid

24  payment or installment, and all other costs and fees herein

25  provided for, become, after notice to the obligor and the time

26  for response as set forth in this subsection, a final judgment

27  by operation of law, which has the full force, effect, and

28  attributes of a judgment entered by a court in this state for

29  which execution may issue. No deduction shall be made by the

30  local depository from any payment made for costs and fees

31  accrued in the judgment by operation of law process under

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  1  paragraph (b) until the total amount of support payments due

  2  the obligee under the judgment has been paid.

  3         2.  A certified statement by the local depository

  4  evidencing a delinquency in support payments constitute

  5  evidence of the final judgment under this paragraph.

  6         3.  The judgment under this paragraph is a final

  7  judgment as to any unpaid payment or installment of support

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

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

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

11  modify such judgment as to any unpaid payment or installment

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

13  motion to alter or modify the support order.  This

14  subparagraph does not prohibit the court from providing relief

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

16  Civil Procedure.

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

18  contest the impending judgment within 15 days after the date

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

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

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

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

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

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

25         Section 10.  Effective July 1, 2001, subsection (8) of

26  section 61.14, Florida Statutes, is amended to read:

27         61.14  Enforcement and modification of support,

28  maintenance, or alimony agreements or orders.--

29         (8)(a)  When reviewing any settlement of lump-sum

30  payment pursuant to s. 440.20(11)(a) and (b), judges of

31  compensation claims shall consider the interests of the worker

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  1  and the worker's family when approving the settlement, which

  2  must consider and provide for appropriate recovery of past due

  3  support.

  4         (b)  In accordance with Notwithstanding the provisions

  5  of s. 440.22, any compensation due or that may become due an

  6  employee under chapter 440 is exempt from garnishment,

  7  attachment, execution, and assignment of income, except for

  8  the purposes of enforcing child or spousal support

  9  obligations.

10         Section 11.  Section 61.181, Florida Statutes, is

11  amended to read:

12         61.181  Depository for alimony transactions, support,

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

14         (1)  The office of the clerk of the court shall operate

15  a depository unless the depository is otherwise created by

16  special act of the Legislature or unless, prior to June 1,

17  1985, a different entity was established to perform such

18  functions.  The department shall, no later than July 1, 1998,

19  extend participation in the federal child support cost

20  reimbursement program to the central depository in each

21  county, to the maximum extent possible under existing federal

22  law.  The depository shall receive reimbursement for services

23  provided under a cooperative agreement with the department

24  pursuant to s. 61.1826. Each depository shall participate in

25  the State Disbursement Unit and shall implement all statutory

26  and contractual duties imposed on the State Disbursement Unit.

27  Each depository shall receive from and transmit to the State

28  Disbursement Unit required data through the Clerk of Court

29  Child Support Enforcement Collection System. Payments on

30  non-Title IV-D cases without income deduction orders shall not

31  be sent to the State Disbursement Unit.

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

  2  through the State Disbursement Unit, the depository shall

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

  4  recording, reporting, disbursing, monitoring, or handling

  5  alimony or child support payments as required under this

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

  7  the State Disbursement Unit pursuant to this chapter, the

  8  State Disbursement Unit shall, on each payment received,

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

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

11  depository's administration, management, and maintenance of

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

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

14  Disbursement Unit shall not deduct any moneys from the support

15  payment for payment of the fee.  The fee shall be a flat fee

16  based, to the extent practicable, upon estimated reasonable

17  costs of operation.  The fee shall be reduced in any case in

18  which the fixed fee results in a charge to any party of an

19  amount greater than 3 percent of the amount of any support

20  payment made in satisfaction of the amount which the party is

21  obligated to pay, except that no fee shall be less than $1 nor

22  more than $5 per payment made.  The fee shall be considered by

23  the court in determining the amount of support that the

24  obligor is, or may be, required to pay.

25         (b)1.  For the period of July 1, 1992, through June 30,

26  2002, the fee imposed in paragraph (a) shall be increased to 4

27  percent of the support payments which the party is obligated

28  to pay, except that no fee shall be more than $5.25.  The fee

29  shall be considered by the court in determining the amount of

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

31  Notwithstanding the provisions of s. 145.022, 75 percent of

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  1  the additional revenues generated by this paragraph shall be

  2  remitted monthly to the Clerk of the Court Child Support

  3  Enforcement Collection System Trust Fund administered by the

  4  department as provided in subparagraph 2.  These funds shall

  5  be used exclusively for the development, implementation, and

  6  operation of the Clerk of the Court Child Support Enforcement

  7  Collection System to be operated by the depositories,

  8  including the automation of civil case information necessary

  9  for the State Case Registry.  The department shall contract

10  with the Florida Association of Court Clerks and the

11  depositories to design, establish, operate, upgrade, and

12  maintain the automation of the depositories to include, but

13  not be limited to, the provision of on-line electronic

14  transfer of information to the IV-D agency as otherwise

15  required by this chapter. The department's obligation to fund

16  the automation of the depositories is limited to the state

17  share of funds available in the Clerk of the Court Child

18  Support Enforcement Collection System Trust Fund.  Each

19  depository created under this section shall fully participate

20  in the Clerk of the Court Child Support Enforcement Collection

21  System and transmit data in a readable format as required by

22  the contract between the Florida Association of Court Clerks

23  and the department.

24         2.  No later than December 31, 1996, moneys to be

25  remitted to the department by the depository shall be done

26  daily by electronic funds transfer and calculated as follows:

27         a.  For each support payment of less than $33, 18.75

28  cents.

29         b.  For each support payment between $33 and $140, an

30  amount equal to 18.75 percent of the fee charged.

31  

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  1         c.  For each support payment in excess of $140, 18.75

  2  cents.

  3         3.  The fees established by this section shall be set

  4  forth and included in every order of support entered by a

  5  court of this state which requires payment to be made into the

  6  depository.

  7         (3)(a)  For payments not required to be processed

  8  through the State Disbursement Unit, the depository shall

  9  collect and distribute all support payments paid into the

10  depository to the appropriate party. On or after July 1, 1998,

11  if a payment is made on a Title IV-D case which is not

12  accompanied by the required transaction fee, the depository

13  shall not deduct any moneys from the support payment for

14  payment of the fee.  Nonpayment of the required fee shall be

15  considered a delinquency, and when the total of fees and costs

16  which are due but not paid exceeds $50, the judgment by

17  operation of law process set forth in s. 61.14(6)(a) shall

18  become applicable and operational. As part of its collection

19  and distribution functions, the depository shall maintain

20  records listing:

21         1.  The obligor's name, address, social security

22  number, place of employment, and any other sources of income.

23         2.  The obligee's name, address, and social security

24  number.

25         3.  The amount of support due as provided in the court

26  order.

27         4.  The schedule of payment as provided in the court

28  order.

29         5.  The actual amount of each support payment received,

30  the date of receipt, the amount disbursed, and the recipient

31  of the disbursement.

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  1         6.  The unpaid balance of any arrearage due as provided

  2  in the court order.

  3         7.  Other records as necessary to comply with federal

  4  reporting requirements.

  5         (b)  The depository may require a payor or obligor to

  6  complete an information form, which shall request the

  7  following about the payor or obligor who provides payment by

  8  check:

  9         1.  Full name, address, and home phone number.

10         2.  Driver's license number.

11         3.  Social security number.

12         4.  Name, address, and business phone number of

13  obligor's employer.

14         5.  Date of birth.

15         6.  Weight and height.

16         7.  Such other information as may be required by the

17  State Attorney if prosecution for an insufficient check

18  becomes necessary.

19  

20  If the depository requests such information, and a payor or

21  obligor does not comply, the depository may refuse to accept

22  personal checks from the payor or obligor.

23         (c)  Parties using the depository for support payments

24  shall inform the depository of changes in their names or

25  addresses. An obligor shall, additionally, notify the

26  depository of all changes in employment or sources of income,

27  including the payor's name and address, and changes in the

28  amounts of income received. Notification of all changes shall

29  be made in writing to the depository within 7 days of a

30  change.

31  

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  1         (d)  When custody of a child is relinquished by a

  2  custodial parent who is entitled to receive child support

  3  moneys from the depository to a licensed or registered

  4  long-term care child agency, that agency may request from the

  5  court an order directing child support payments which would

  6  otherwise be distributed to the custodial parent be

  7  distributed to the agency for the period of custody of the

  8  child by the agency.  Thereafter, payments shall be

  9  distributed to the agency as if the agency were the custodial

10  parent until further order of the court.

11         (4)  The depository shall provide to the IV-D agency,

12  at least once a month, a listing of IV-D accounts which

13  identifies all delinquent accounts, the period of delinquency,

14  and total amount of delinquency.  The list shall be in

15  alphabetical order by name of obligor, shall include the

16  obligee's name and case number, and shall be provided at no

17  cost to the IV-D agency.

18         (5)  The depository shall accept a support payment

19  tendered in the form of a check drawn on the account of a

20  payor or obligor, unless the payor or obligor has previously

21  remitted a check which was returned to the depository due to

22  lack of sufficient funds in the account.  If the payor or

23  obligor has had a check returned for this reason, the

24  depository shall accept payment by cash, cashier's check, or

25  money order, or may accept a check upon deposit by the payor

26  or obligor of an amount equal to 1 month's payment.  Upon

27  payment by cash, cashier's check, or money order, the

28  depository shall disburse the proceeds to the obligee within 2

29  working days.  Payments drawn by check on the account of a

30  payor or obligor shall be disbursed within 4 working days.

31  Notwithstanding the provisions of s. 28.243, the administrator

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  1  of the depository shall not be personally liable if the check

  2  tendered by the payor or obligor is not paid by the bank.

  3         (6)  Certified copies of payment records maintained by

  4  a depository shall without further proof be admitted into

  5  evidence in any legal proceeding in this state.

  6         (7)  The depository shall provide to the Title IV-D

  7  agency the date provided by a payor, as required in s.

  8  61.1301, for each payment received and forwarded to the

  9  agency.  If no date is provided by the payor, the depository

10  shall provide the date of receipt by the depository and shall

11  report to the Title IV-D agency those payors who fail to

12  provide the date the deduction was made.

13         (8)  On or before July 1, 1994, the depository shall

14  provide information required by this chapter to be transmitted

15  to the Title IV-D agency by on-line electronic transmission

16  pursuant to rules promulgated by the Title IV-D agency.

17         (9)  If the increase in fees as provided by paragraph

18  (2)(b) expires or is otherwise terminated, the depository

19  shall not be required to provide the Title IV-D agency the

20  date provided by a payor as required by s. 61.1301.

21         (10)  Compliance with the requirements of this section

22  shall be included as part of the annual county audit required

23  pursuant to s. 11.45.

24         Section 12.  Subsection (1) and paragraphs (g), (h),

25  and (m) of subsection (3) of section 61.1824, Florida

26  Statutes, are amended to read:

27         61.1824  State Disbursement Unit.--

28         (1)  The State Disbursement Unit is hereby created and

29  shall be operated by the Department of Revenue or by a

30  contractor responsible directly to the department. The State

31  

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  1  Disbursement Unit shall be responsible for the collection and

  2  disbursement of payments for:

  3         (a)  All child support cases enforced by the department

  4  pursuant to Title IV-D of the Social Security Act; and

  5         (b)  All child support cases not being enforced by the

  6  department pursuant to Title IV-D of the Social Security Act

  7  in which the initial support order was issued in this state on

  8  or after January 1, 1994, and in which the obligor's child

  9  support obligation is being paid through income deduction.

10         (3)  The State Disbursement Unit shall perform the

11  following functions:

12         (g)  Disburse child support payments to foreign

13  countries as may be required.

14         (h)  Receive and convert child support payments made in

15  foreign currency.

16         (m)  Provide toll-free access to customer assistance

17  representatives and an automated voice response system that

18  will enable the parties to a child support case to obtain

19  payment information.

20         Section 13.  Effective October 1, 2001, paragraph (a)

21  of subsection (3) of section 61.1825, Florida Statutes, is

22  amended to read:

23         61.1825  State Case Registry.--

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

25  violence indicator must be placed on a record when:

26         1.  A party executes a sworn statement requesting that

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

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

29  of information to the Federal Case Registry may result in

30  physical or emotional harm to the party or the child; or

31  

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  1         2.  A temporary or final injunction for protection

  2  against domestic violence has been granted pursuant to s.

  3  741.30(6), an injunction for protection against domestic

  4  violence has been issued by a court of a foreign state

  5  pursuant to s. 741.315, or a temporary or final injunction for

  6  protection against repeat violence has been granted pursuant

  7  to s. 784.046; or

  8         3.  The department has received information on a Title

  9  IV-D case from the Domestic Violence and Repeat Violence

10  Injunction Statewide Verification System, established pursuant

11  to s. 784.046(8)(b), that a court has granted a party a

12  domestic violence or repeat violence injunction.

13         Section 14.  Effective July 1, 2001, paragraph (a) of

14  subsection (2) of section 61.30, Florida Statutes, is amended

15  to read:

16         61.30  Child support guidelines; retroactive child

17  support.--

18         (2)  Income shall be determined on a monthly basis for

19  the obligor and for the obligee as follows:

20         (a)  Gross income shall include, but is not limited to,

21  the following items:

22         1.  Salary or wages.

23         2.  Bonuses, commissions, allowances, overtime, tips,

24  and other similar payments.

25         3.  Business income from sources such as

26  self-employment, partnership, close corporations, and

27  independent contracts. "Business income" means gross receipts

28  minus ordinary and necessary expenses required to produce

29  income.

30         4.  Disability benefits.

31         5.  All worker's compensation benefits and settlements.

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  1         6.  Unemployment compensation.

  2         7.  Pension, retirement, or annuity payments.

  3         8.  Social security benefits.

  4         9.  Spousal support received from a previous marriage

  5  or court ordered in the marriage before the court.

  6         10.  Interest and dividends.

  7         11.  Rental income, which is gross receipts minus

  8  ordinary and necessary expenses required to produce the

  9  income.

10         12.  Income from royalties, trusts, or estates.

11         13.  Reimbursed expenses or in kind payments to the

12  extent that they reduce living expenses.

13         14.  Gains derived from dealings in property, unless

14  the gain is nonrecurring.

15         Section 15.  Subsection (4) of section 69.041, Florida

16  Statutes, is amended to read:

17         69.041  State named party; lien foreclosure, suit to

18  quiet title.--

19         (4)(a)  The Department of Revenue has the right to

20  participate in the disbursement of funds remaining in the

21  registry of the court after distribution pursuant to s.

22  45.031(7). The department shall participate in accordance with

23  applicable procedures in any mortgage foreclosure action in

24  which the department has a duly filed tax warrant, or

25  interests under a lien arising from a judgment, order, or

26  decree for child support, as defined in s. 409.2554, against

27  the subject property and with the same priority, regardless of

28  whether a default against the department has been entered for

29  failure to file an answer or other responsive pleading.

30         (b)  With respect to a duly filed tax warrant,

31  paragraph (a) applies only to mortgage foreclosure actions

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  1  initiated on or after July 1, 1994, and to those mortgage

  2  foreclosure actions initiated before July 1, 1994, in which no

  3  default has been entered against the Department of Revenue

  4  before July 1, 1994. With respect to mortgage foreclosure

  5  actions initiated based upon interests under a lien arising

  6  from a judgment, order, or decree for child support, paragraph

  7  (a) applies only to mortgage foreclosure actions initiated on

  8  or after July 1, 1998, and to those mortgage foreclosure

  9  actions initiated before July 1, 1998, in which no default has

10  been entered against the Department of Revenue before July 1,

11  1998.

12         Section 16.  Subsection (15) of section 213.053,

13  Florida Statutes, is amended to read:

14         213.053  Confidentiality and information sharing.--

15         (15)  The department may disclose confidential taxpayer

16  information contained in returns, reports, accounts, or

17  declarations filed with the department by persons subject to

18  any state or local tax to the child support enforcement

19  program, to assist in the location of parents who owe or

20  potentially owe a duty of support, as defined in s. 409.2554,

21  pursuant to Title IV-D of the Social Security Act, their

22  assets, their income, and their employer, and to the

23  Department of Children and Family Services for the purpose of

24  diligent search activities pursuant to chapter 39. Nothing in

25  this subsection authorizes the disclosure of information if

26  such disclosure is prohibited by federal law. Employees of the

27  child support enforcement program and of the Department of

28  Children and Family Services are bound by the same

29  requirements of confidentiality and the same penalties for

30  violation of the requirements as the department.

31  

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  1         Section 17.  Section 231.097, Florida Statutes, is

  2  amended to read:

  3         231.097  Suspension or denial of teaching certificate

  4  due to child support delinquency.--The department shall allow

  5  applicants for new or renewal certificates and renewal

  6  certificateholders to be screened by the Title IV-D child

  7  support agency pursuant to s. 409.2598 to assure compliance

  8  with an a support obligation for support, as defined in s.

  9  409.2554.  The purpose of this section is to promote the

10  public policy of this state as established in s. 409.2551.

11  The department shall, when directed by the court, deny the

12  application of any applicant found to have a delinquent

13  support obligation. The department shall issue or reinstate

14  the certificate without additional charge to the

15  certificateholder when notified by the court that the

16  certificateholder has complied with the terms of the court

17  order.  The department shall not be held liable for any

18  certificate denial or suspension resulting from the discharge

19  of its duties under this section.

20         Section 18.  Subsection (2) of section 320.05, Florida

21  Statutes, is amended to read:

22         320.05  Records of the department; inspection

23  procedure; lists and searches; fees.--

24         (2)  Upon receipt of an application for the

25  registration of a motor vehicle or mobile home, as herein

26  provided for, the department shall register the motor vehicle

27  or mobile home under the distinctive number assigned to such

28  motor vehicle or mobile home by the department. Electronic

29  registration records shall be open to the inspection of the

30  public during business hours. Information on a motor vehicle

31  registration may not be made available to a person unless the

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  1  person requesting the information furnishes positive proof of

  2  identification. The agency that furnishes a motor vehicle

  3  registration record shall record the name and address of any

  4  person other than a representative of a law enforcement agency

  5  who requests and receives information from a motor vehicle

  6  registration record and shall also record the name and address

  7  of the person who is the subject of the inquiry or other

  8  information identifying the entity about which information is

  9  requested. A record of each such inquiry must be maintained

10  for a period of 6 months from the date upon which the

11  information was released to the inquirer. Nothing in this

12  section shall prohibit any financial institution, insurance

13  company, motor vehicle dealer, licensee under chapter 493,

14  attorney, or other agency which the department determines has

15  the right to know from obtaining, for professional or business

16  use only, information in such records from the department

17  through any means of telecommunication pursuant to a code

18  developed by the department providing all fees specified in

19  subsection (3) have been paid. The department shall disclose

20  records or information to the child support enforcement agency

21  to assist in the location of individuals who owe or

22  potentially owe child support, as defined in s. 409.2554, or

23  to whom such an obligation is owed pursuant to Title IV-D of

24  the Social Security Act.

25         Section 19.  Effective July 1, 2001, subsections (1)

26  and (2) of section 322.058, Florida Statutes, are amended to

27  read:

28         322.058  Suspension of driving privileges due to child

29  support delinquency.--

30         (1)  When the department receives notice from the Title

31  IV-D agency or depository or the clerk of the court that any

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  1  person licensed to operate a motor vehicle in the State of

  2  Florida under the provisions of this chapter has a delinquent

  3  child support obligation or has failed to comply with a

  4  subpoena, order to appear, order to show cause, or similar

  5  order, the department shall suspend the driver's license of

  6  the person named in the notice and the registration of all

  7  motor vehicles owned by that person.

  8         (2)  The department must reinstate the driving

  9  privilege and allow registration of a motor vehicle when the

10  Title IV-D agency in IV-D cases or the depository or the clerk

11  of the court in non-IV-D cases provides to the department an

12  affidavit stating that:

13         (a)  The person has paid the delinquency;

14         (b)  The person has reached a written agreement for

15  payment with the Title IV-D agency or the obligee in non-IV-D

16  cases; or

17         (c)  A court has entered an order granting relief to

18  the obligor ordering the reinstatement of the license and

19  motor vehicle registration; or

20         (d)  The person has complied with the subpoena, order

21  to appear, order to show cause, or similar order.

22         Section 20.  Effective July 1, 2001, subsection (4) of

23  section 322.142, Florida Statutes, is amended to read:

24         322.142  Color photographic or digital imaged

25  licenses.--

26         (4)  The department may maintain a film negative or

27  print file. The department shall maintain a record of the

28  digital image and signature of the licensees, together with

29  other data required by the department for identification and

30  retrieval. Reproductions from the file or digital record shall

31  be made and issued only for departmental administrative

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  1  purposes, for the issuance of duplicate licenses, or in

  2  response to law enforcement agency requests, or to the

  3  Department of Revenue pursuant to an interagency agreement to

  4  facilitate service of process in Title IV-D cases, and are

  5  exempt from the provisions of s. 119.07(1).

  6         Section 21.  Subsection (1) of section 328.42, Florida

  7  Statutes, is amended to read:

  8         328.42  Suspension or denial of a vessel registration

  9  due to child support delinquency; dishonored checks.--

10         (1)  The department must allow applicants for new or

11  renewal registrations to be screened by the Department of

12  Revenue, as the Title IV-D child support agency under s.

13  409.2598 to assure compliance with an obligation for support

14  as defined in s. 409.2554, or by a non-IV-D obligee to assure

15  compliance with a child support obligation. The purpose of

16  this section is to promote the public policy of this state as

17  established in s. 409.2551.  The department must, when

18  directed by the court, deny or suspend the vessel registration

19  of any applicant found to have a delinquent child support

20  obligation. The department must issue or reinstate a

21  registration when notified by the Title IV-D agency or the

22  court that the applicant has complied with the terms of the

23  court order. The department may not be held liable for any

24  registration denial or suspension resulting from the discharge

25  of its duties under this section.

26         Section 22.  Subsections (7) and (10) of section

27  409.2554, Florida Statutes, are amended, and subsections (13)

28  and (14) are added to that section, to read:

29         409.2554  Definitions; ss. 409.2551-409.2598.--As used

30  in ss. 409.2551-409.2598, the term:

31  

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  1         (7)  "Public assistance" means food stamps, money

  2  assistance paid on the basis of Title IV-E and Title XIX of

  3  the Social Security Act, or temporary cash assistance, or food

  4  stamps received on behalf of a child under 18 years of age who

  5  has an absent parent.

  6         (10)  "Support," unless otherwise specified, means:

  7         (a)  Child support, and, when the child support

  8  obligation is being enforced by the Department of Revenue,

  9  spousal support or alimony for the spouse or former spouse of

10  the obligor with whom the child is living. Support for a

11  child, or child and spouse, or former spouse who is living

12  with the child or children, but only if a support obligation

13  has been established for that spouse and the child support

14  obligation is being enforced under Title IV-D of the Social

15  Security Act; or

16         (b)  Child support only in cases not being enforced by

17  the Department of Revenue Support for a child who is placed

18  under the custody of someone other than the custodial parent

19  pursuant to s. 39.521, s. 39.522, s. 39.622, s. 39.623, or s.

20  39.624.

21         (13)  "Undistributable collection" means a support

22  payment received by the department which the department

23  determines cannot be distributed to the final intended

24  recipient.

25         (14)  "Unidentifiable collection" means a payment

26  received by the department for which the noncustodial parent,

27  custodial parent, depository or circuit civil numbers, or

28  source of the payment cannot be identified.

29         Section 23.  Subsection (3) of section 409.2557,

30  Florida Statutes, is amended to read:

31  

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  1         409.2557  State agency for administering child support

  2  enforcement program.--

  3         (3)  SPECIFIC RULEMAKING AUTHORITY.--The department has

  4  the authority to adopt rules pursuant to ss. 120.536(1) and

  5  120.54 to implement all laws administered by the department in

  6  its capacity as the Title IV-D agency for this state

  7  including, but not limited to, the following:

  8         (a)  Background screening of department employees and

  9  applicants, including criminal records checks;

10         (b)  Confidentiality and retention of department

11  records; access to records; record requests;

12         (c)  Department trust funds;

13         (d)  Federal funding procedures;

14         (e)  Agreements with law enforcement and other state

15  agencies; National Crime Information Center (NCIC) access;

16  Parent Locator Service access;

17         (f)  Written agreements entered into between the

18  department and child support obligors in establishment,

19  enforcement, and modification proceedings;

20         (g)  Procurement of services by the department, pilot

21  programs, and demonstration projects;

22         (h)  Management of cases by the department involving

23  any documentation or procedures required by federal or state

24  law, including but not limited to, cooperation; review and

25  adjustment; audits; interstate actions; diligent efforts for

26  service of process;

27         (i)  Department procedures for orders for genetic

28  testing; subpoenas to establish, enforce, or modify orders;

29  increasing the amount of monthly obligations to secure

30  delinquent support; suspending or denying driver's and

31  professional licenses and certificates; fishing and hunting

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  1  license suspensions; suspending vehicle and vessel

  2  registrations; screening applicants for new or renewal

  3  licenses, registrations, or certificates; income deduction;

  4  credit reporting and  accessing; tax refund intercepts;

  5  passport denials; liens; financial institution data matches;

  6  expedited procedures; medical support; and all other

  7  responsibilities of the department as required by state or

  8  federal law;

  9         (j)  Collection and disbursement of child support and

10  alimony payments by the department as required by federal law;

11  collection of genetic testing costs and other costs awarded by

12  the court;

13         (k)  Report information to and receive information from

14  other agencies and entities;

15         (l)  Provide location services, including accessing

16  from and reporting to federal and state agencies;

17         (m)  Privatizing location, establishment, enforcement,

18  modification, and other functions;

19         (n)  State case registry;

20         (o)  State disbursement unit; and

21         (p)  All other responsibilities of the department as

22  required by state or federal law.

23         Section 24.  Section 409.25575, Florida Statutes, is

24  amended to read:

25         409.25575  Child Support enforcement; privatization.--

26         (1)  It is the intent of the Legislature to encourage

27  the Department of Revenue to contract with private entities

28  for the provision of child support enforcement services

29  whenever such contracting is cost-effective.

30         (2)  The department shall contract for the delivery,

31  administration, or management of child support enforcement

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  1  activities and other related services or programs, when

  2  appropriate. The department shall retain responsibility for

  3  the quality of contracted services and programs and shall

  4  ensure that services are delivered in accordance with

  5  applicable federal and state statutes and regulations.

  6         (3)(a)  The department shall establish a quality

  7  assurance program for the privatization of services. The

  8  quality assurance program must include standards for each

  9  specific component of these services. The department shall

10  establish minimum thresholds for each component. Each program

11  operated pursuant to contract must be evaluated annually by

12  the department or by an objective competent entity designated

13  by the department under the provisions of the quality

14  assurance program. The evaluation must be financed from cost

15  savings associated with the privatization of services. The

16  department shall submit an annual report regarding quality

17  performance, outcome measure attainment, and cost efficiency

18  to the President of the Senate, the Speaker of the House of

19  Representatives, the Minority leader of each house of the

20  Legislature, and the Governor no later than January 31 of each

21  year, beginning in 1999. The quality assurance program must be

22  financed through administrative savings generated by this act.

23         (b)  The department shall establish and operate a

24  comprehensive system to measure and report annually the

25  outcomes and effectiveness of the services that have been

26  privatized. The department shall use these findings in making

27  recommendations to the Governor and the Legislature for future

28  program and funding priorities in the child support

29  enforcement system.

30         (4)(a)  Any entity contracting to provide child support

31  enforcement services under this section must comply with all

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  1  statutory requirements and agency regulations in the provision

  2  of contractual services.

  3         (b)  Any entity contracting to provide child support

  4  enforcement services under this section must also participate

  5  in and cooperate with any federal program that will assist in

  6  the maximization of federal supports for these services, as

  7  directed by the department.

  8         Section 25.  Effective October 1, 2001, section

  9  409.2558, Florida Statutes, is amended to read:

10         409.2558  Child Support distribution and

11  disbursement.--

12         (1)  DISTRIBUTION OF PAYMENTS.--The department shall

13  distribute and disburse child support payments collected in

14  Title IV-D cases in accordance with 42 U.S.C. s. 657 and

15  regulations adopted thereunder by the Secretary of the United

16  States Department of Health and Human Services.

17         (2)  UNDISTRIBUTABLE COLLECTIONS.--

18         (a)  The department shall establish by rule the method

19  for determining a collection or refund to a noncustodial

20  parent to be undistributable to the final intended recipient.

21         (b)  Collections that are determined to be

22  undistributable shall be processed in the following order of

23  priority:

24         1.  Apply the payment to any assigned arrears on the

25  custodial parent's case; then

26         2.  Apply the payment to any administrative costs

27  ordered by the court pursuant to s. 409.2567 associated with

28  the custodial parent's case; then

29         3.  When the noncustodial parent is subject to a valid

30  order to support other children in another case with a

31  different custodial parent and the obligation is being

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  1  enforced by the department, the department shall, with the

  2  noncustodial parent's permission, apply the payment towards

  3  his or her other support obligation; then

  4         4.  Return the payment to the noncustodial parent; then

  5         5.  If the noncustodial parent cannot be located after

  6  diligent efforts by the department, the federal share of the

  7  payment shall be credited to the Federal Government and the

  8  state share shall be transferred to the General Revenue Fund.

  9         (c)  Refunds to noncustodial parents that are

10  determined to be undistributable shall be processed in the

11  following manner:

12         1.  The federal share of the refund shall be sent to

13  the Federal Government.

14         2.  The state share shall be credited to the General

15  Revenue Fund.

16         (3)  UNIDENTIFIABLE COLLECTIONS.--

17         (a)  The department shall establish by rule the method

18  for determining a collection to be unidentifiable.

19         (b)  Upon being determined to be unidentifiable, the

20  federal share of unidentifiable collections shall be credited

21  to the Federal Government and the state share shall be

22  transferred to the General Revenue Fund.

23         (4)  RECLAIMING COLLECTIONS DECLARED TO BE

24  UNDISTRIBUTABLE OR UNIDENTIFIABLE.--At such time as an

25  undistributable or unidentifiable collection that has been

26  transferred to the Federal Government and to the General

27  Revenue Fund in the relevant method above becomes

28  distributable or identified, meaning either the noncustodial

29  parent or the custodial parent is identified or located, the

30  department shall retrieve the transferred moneys in the

31  following manner:

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  1         (a)  Offset the next credit to the Federal Government

  2  in an amount equal to the share of the collection which had

  3  been transferred; and

  4         (b)  Offset the next transfer to the General Revenue

  5  Fund in an amount equal to the state share of the collection

  6  which had been transferred to the General Revenue Fund.

  7  

  8  The collection shall then be processed, as appropriate.

  9         (5)(2)  RECONSIDERATION OF DISTRIBUTION AND

10  DISBURSEMENT.--A recipient of collection and distribution

11  services of the department's Child Support Enforcement Program

12  may request a reconsideration by the department concerning the

13  amount collected, the date collected, the amount distributed,

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

15  department shall establish by rule a reconsideration procedure

16  for informal review of agency action in distributing and

17  disbursing child support payments collected by the department.

18  The procedures must provide the recipients of services with an

19  opportunity to review the department's actions before a

20  hearing is requested under chapter 120.

21         (6)(3)  OVERPAYMENT.--If the department's records

22  indicate that a child support obligee has received an

23  overpayment of child support from the department due to either

24  mistake or fraud, the department may take action to recover

25  the overpayment. The department may establish by rule a

26  procedure to recover overpayments.

27         (7)  RULEMAKING AUTHORITY.--The department may adopt

28  rules to administer this section.

29         Section 26.  Subsections (1), (2), (3), and (5) of

30  section 409.2561, Florida Statutes, are amended to read:

31  

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  1         409.2561  Child Support obligations when public

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

  3  and health insurance information.--

  4         (1)  Any payment of temporary cash public assistance

  5  money made to, or for the benefit of, any dependent child

  6  creates an obligation in an amount determined pursuant to the

  7  child support guidelines. In accordance with 42 U.S.C. s. 657,

  8  the state shall retain amounts collected only to the extent

  9  necessary to reimburse amounts paid to the family as

10  assistance by the state. Such amounts collected shall be

11  deposited into the General Revenue Fund up to the level

12  specified in s. 61.1812. If there has been a prior court order

13  or final judgment of dissolution of marriage establishing an

14  obligation of support, the obligation is limited to the amount

15  provided by such court order or decree. The extraordinary

16  remedy of contempt is applicable in child support enforcement

17  cases because of the public necessity for ensuring that

18  dependent children be maintained from the resources of their

19  parents, thereby relieving, at least in part, the burden

20  presently borne by the general citizenry through the public

21  assistance program. If there is no prior court order

22  establishing an obligation of support, the court shall

23  establish the liability of the obligor, if any, by applying

24  the child support guidelines. The department may apply for

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

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

27  compromise actions brought pursuant to law.

28         (2)(a)  By accepting temporary cash assistance or Title

29  IV-E public assistance, the recipient assigns to the

30  department any right, title, and interest to support the

31  recipient may be owed:

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  1         1.  From any other person up to the amount of public

  2  assistance paid where no court order has been entered, or

  3  where there is a court order it is limited to the amount

  4  provided by such court order;

  5         2.  On the recipient's own behalf or in behalf of

  6  another family member for whom the recipient is receiving

  7  assistance; and

  8         3.  At the time that the assignment becomes effective

  9  by operation of law.

10         (b)  The recipient of public assistance appoints the

11  department as her or his attorney in fact to act in her or his

12  name, place, and stead to perform specific acts relating to

13  the establishment of paternity or the establishment,

14  modification, or enforcement of support obligations,

15  including, but not limited to:

16         1.  Endorsing any draft, check, money order, or other

17  negotiable instrument representing support payments which are

18  received on behalf of the dependent child as reimbursement for

19  the public assistance moneys previously or currently paid;

20         2.  Compromising claims;

21         3.  Pursuing the establishment or modification of

22  support obligations;

23         4.3.  Pursuing civil and criminal enforcement of

24  support obligations; and

25         5.4.  Executing verified complaints for the purpose of

26  instituting an action for the determination of paternity of a

27  child born, or to be born, out of wedlock.

28         (3)  The department shall be subrogated to the right of

29  the dependent child or person having the care, custody, and

30  control of the child to prosecute or maintain any support

31  action or action to determine paternity or execute any legal,

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  1  equitable, or administrative remedy existing under the laws of

  2  the state to obtain reimbursement of temporary cash assistance

  3  or Title IV-E public assistance paid, being paid, or to be

  4  paid.

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

  6  assignment in effect pursuant to this section:

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

  8  information for Medicaid recipients and applicants for

  9  Medicaid and provide this information to the state Medicaid

10  agency for third-party liability purposes.

11         (b)  When the obligor receives health insurance

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

13  provide health insurance policy information, including any

14  information available about the health insurance policy which

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

16  maintenance or preferred provider organization, service to be

17  provided, to the state Medicaid agency.

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

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

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

21  notified within 30 days when such coverage is discontinued.

22         (d)  Entities providing health insurance as defined in

23  s. 624.603 and health maintenance organizations and prepaid

24  health clinics as defined in chapter 641 shall provide such

25  records and information as is necessary to accomplish the

26  purpose of this subsection, unless such requirement results in

27  an unreasonable burden.

28         (e)  Upon the state Medicaid agency receiving notice

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

30  discontinued due to cancellation or other means, the Medicaid

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

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

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

  3  enforcement.

  4         Section 27.  Subsection (6), paragraph (a) of

  5  subsection (8), and subsections (10), (11), and (12) of

  6  section 409.2564, Florida Statutes, are amended to read:

  7         409.2564  Actions for support.--

  8         (6)  The department and its officers, employees, and

  9  agents and all persons and agencies acting pursuant to

10  contract with the department are immune from liability in tort

11  for actions taken to establish, enforce, or modify child

12  support obligations if such actions are taken in good faith,

13  with apparent legal authority, without malicious purpose, and

14  in a manner not exhibiting wanton and willful disregard of

15  rights or property of another.

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

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

18  financial and other information necessary to establish,

19  modify, or enforce a child support order.

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

21  child support order, or enforcing a child support order, the

22  director of this or another state's Title IV-D agency, or any

23  employee designated by the director of this state's Title IV-D

24  agency or authorized under another state's law, may administer

25  oaths or affirmations, subpoena witnesses and compel their

26  attendance, take evidence and require the production of any

27  matter which is relevant to the child support enforcement

28  action, including the existence, description, nature, custody,

29  condition, and location of any books, documents, or other

30  tangible things and the identity and location of persons

31  having knowledge of relevant facts or any other matter

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  1  reasonably calculated to lead to the discovery of material

  2  evidence.

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

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

  5  120.569(2)(k)1.  While a subpoena is being challenged, the

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

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

  8  has been found to be valid.

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

10  fine for failure to comply with a subpoena. Failure to comply

11  with the subpoena, or to challenge the subpoena as provided in

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

13  may result in the agency taking the following actions:

14         1.  Imposition of an administrative fine of not more

15  than $500.

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

17  120.569(2)(k)2. When the subpoena is enforced pursuant to s.

18  120.569(2)(k)2., the court may award costs and fees to the

19  prevailing party in accordance with that section.

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

21  administrative fines imposed pursuant to paragraph (c) by

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

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

24  All fines collected pursuant to this subsection shall be

25  deposited into the Child Support Enforcement Application and

26  Program Revenue Trust Fund.

27         (10)(a)  For the purpose of securing delinquent

28  support, the Title IV-D agency may increase the amount of the

29  monthly child support obligation to include amounts for

30  delinquencies, subject to such conditions or limitations as

31  set forth in paragraph (b).

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  1         (b)  In child support obligations not subject to income

  2  deduction, the Title IV-D agency shall notify the obligor of

  3  his or her delinquency and of the department's intent to

  4  require an additional 20 percent of the monthly obligation

  5  amount to allow for collection of the delinquency unless,

  6  within 20 days, the obligor:

  7         1.  Pays the delinquency in full; or

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

  9  the delinquency action.

10         (11)  For the purposes of denial, revocation, or

11  limitation of an individual's United States passport,

12  consistent with 42 U.S.C. s. 652(k)(1), the Title IV-D agency

13  shall have procedures to certify to the Secretary of the

14  United States Department of Health and Human Services, in the

15  format and accompanied by such supporting documentation as the

16  secretary may require, a determination that an individual owes

17  arrearages of child support in an amount exceeding $5,000.

18  Said procedures shall provide that the individual be given

19  notice of the determination and of the consequence thereof and

20  that the individual shall be given an opportunity to contest

21  the accuracy of the determination.

22         (12)  The Title IV-D agency shall review child support

23  orders in IV-D cases at least every 3 years upon request by

24  either party, or the agency in cases where there is an

25  assignment of support to the state under s. 414.095(8), and

26  may seek adjustment of the order if appropriate under the

27  guidelines established in s. 61.30. Not less than once every 3

28  years the IV-D agency shall provide notice to the parties

29  subject to the order informing them of their right to request

30  a review and, if appropriate, an adjustment of the child

31  support order. Said notice requirement may be met by including

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  1  appropriate language in the initial support order or any

  2  subsequent orders.

  3         Section 28.  Effective July 1, 2001, section 409.25645,

  4  Florida Statutes, is amended to read:

  5         409.25645  Administrative orders for genetic

  6  testing.--The department is authorized to use administrative

  7  orders to require genetic testing in Title IV-D cases.  In

  8  such cases the department or an authorized agent may issue an

  9  administrative order to a putative father who has not

10  voluntarily submitted to genetic testing, directing him to

11  appear for a genetic test to determine the paternity of a

12  child, provided that the department shall have no authority to

13  issue such an order in the absence of an affidavit or written

14  declaration as provided in s. 92.525(2) of the child's mother

15  stating that the putative father is or may be a parent of the

16  child. The administrative order shall state:

17         (1)  The type of genetic test that will be used.

18         (2)  The date, time, and place to appear for the

19  genetic test.

20         (3)  That upon failure to appear for the genetic test,

21  or refusal to be tested, the department shall file a petition

22  in circuit court to establish paternity and child support.

23  

24  A copy of the affidavit or written declaration which is the

25  basis for the issuance of the administrative order shall be

26  attached to the order.  The administrative order is exempt

27  from the hearing provisions in chapter 120, because the person

28  to whom it is directed shall have an opportunity to object in

29  circuit court in the event the department pursues the matter

30  by filing a petition in circuit court.  The department may

31  serve the administrative order to appear for a genetic test by

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  1  regular mail.  In any case in which more than one putative

  2  father has been identified, the department may proceed under

  3  this section with respect to all putative fathers.  If the

  4  department receives a request from another state Title IV-D

  5  agency to assist in the establishment of paternity, the

  6  department may cause an administrative order to appear for a

  7  genetic test to be served on a putative father who resides in

  8  Florida.

  9         Section 29.  Section 409.2565, Florida Statutes, is

10  amended to read:

11         409.2565  Publication of delinquent obligors.--For

12  support orders that are being enforced by the department, the

13  department may compile and make available for publication a

14  listing of cases in which payment of the child support

15  obligation is overdue.  Each case on the list may be

16  identified only by the name of the support obligor, the

17  support obligor's court order docket or case number, the

18  county in which the obligor's support order is filed, the

19  arrearage amount, and a photograph.  The department need not

20  give prior notice to the obligor of the publication and

21  listing of cases.

22         Section 30.  Subsection (1) and paragraph (a) of

23  subsection (7) of section 409.25656, Florida Statutes, are

24  amended to read:

25         409.25656  Garnishment.--

26         (1)  If a person has a child support obligation which

27  is subject to enforcement by the department as the state Title

28  IV-D program, the executive director or his or her designee

29  may give notice of past due and/or overdue support by

30  registered mail to all persons who have in their possession or

31  under their control any credits or personal property,

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  1  including wages, belonging to the child support obligor, or

  2  owing any debts to the child support obligor at the time of

  3  receipt by them of such notice. Thereafter, any person who has

  4  been notified may not transfer or make any other disposition,

  5  up to the amount provided for in the notice, of such credits,

  6  other personal property, or debts until the executive director

  7  or his or her designee consents to a transfer or disposition,

  8  or until 60 days after the receipt of such notice. If the

  9  obligor contests the intended levy in the circuit court or

10  under chapter 120, the notice under this section shall remain

11  in effect until final disposition of that circuit court or

12  chapter 120 action.  Any financial institution receiving such

13  notice will maintain a right of setoff for any transaction

14  involving a debit card occurring on or before the date of

15  receipt of such notice.

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

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

18  respect to any past due or overdue child support obligation

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

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

21  levy.

22         Section 31.  Effective July 1, 2001, subsection (8) of

23  section 409.25656, Florida Statutes, is amended to read:

24         409.25656  Garnishment.--

25         (8)  An obligor may contest the notice of intent to

26  levy provided for under subsection (7) by filing a petition an

27  action in the existing circuit court case. Alternatively, the

28  obligor may file a petition under the applicable provisions of

29  chapter 120. After an action has been initiated under chapter

30  120 to contest the notice of intent to levy, an action

31  relating to the same levy may not be filed by the obligor in

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  1  circuit court, and judicial review is exclusively limited to

  2  appellate review pursuant to s. 120.68. Also, after an action

  3  has been initiated in circuit court, an action may not be

  4  brought under chapter 120.

  5         Section 32.  Subsection (5) of section 409.25657,

  6  Florida Statutes, is amended to read:

  7         409.25657  Requirements for financial institutions.--

  8         (5)  Any financial records obtained pursuant to this

  9  section may be disclosed only for the purpose of, and to the

10  extent necessary in, establishing, modifying, or enforcing a

11  child support obligation of such individual.

12         Section 33.  Section 409.2567, Florida Statutes, is

13  amended to read:

14         409.2567  Services to individuals not otherwise

15  eligible.--All child support services provided by the

16  department shall be made available on behalf of all dependent

17  children. Services shall be provided upon acceptance of public

18  assistance or upon proper application filed with the

19  department. The department shall adopt rules to provide for

20  the payment of a $25 application fee from each applicant who

21  is not a public assistance recipient. The application fee

22  shall be deposited in the Child Support Enforcement

23  Application and Program Revenue Trust Fund within the

24  Department of Revenue to be used for the Child Support

25  Enforcement Program. The obligor is responsible for all

26  administrative costs, as defined in s. 409.2554. The court

27  shall order payment of administrative costs without requiring

28  the department to have a member of the bar testify or submit

29  an affidavit as to the reasonableness of the costs. An

30  attorney-client relationship exists only between the

31  department and the legal services providers in Title IV-D

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  1  cases. The attorney shall advise the obligee in Title IV-D

  2  cases that the attorney represents the agency and not the

  3  obligee. In Title IV-D cases, any costs, including filing

  4  fees, recording fees, mediation costs, service of process

  5  fees, and other expenses incurred by the clerk of the circuit

  6  court, shall be assessed only against the nonprevailing

  7  obligor after the court makes a determination of the

  8  nonprevailing obligor's ability to pay such costs and fees. In

  9  any case where the court does not award all costs, the court

10  shall state in the record its reasons for not awarding the

11  costs. The Department of Revenue shall not be considered a

12  party for purposes of this section; however, fees may be

13  assessed against the department pursuant to s. 57.105(1). The

14  department shall submit a monthly report to the Governor and

15  the chairs of the Health and Human Services Fiscal Committee

16  of the House of Representatives and the Ways and Means

17  Committee of the Senate specifying the funds identified for

18  collection from the noncustodial parents of children receiving

19  temporary assistance and the amounts actually collected.

20         Section 34.  Paragraph (i) of subsection (1) and

21  subsections (3) and (4) of section 409.2572, Florida Statutes,

22  are amended to read:

23         409.2572  Cooperation.--

24         (1)  An applicant for, or recipient of, public

25  assistance for a dependent child shall cooperate with the

26  department or a program attorney in:

27         (i)  Paying to the department any child support

28  received from the obligor after the assignment is effective.

29         (3)  The Title IV-D staff of the department shall be

30  responsible for determining and reporting to the Title IV-A

31  staff of the Department of Children and Family Services acts

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  1  of noncooperation by applicants or recipients of public cash

  2  or medical assistance.  Any person who applies for or is

  3  receiving public assistance for, or who has the care, custody,

  4  or control of, a dependent child and who without good cause

  5  fails or refuses to cooperate with the department, a program

  6  attorney, or a prosecuting attorney in the course of

  7  administering this chapter shall be sanctioned by the

  8  Department of Children and Family Services pursuant to chapter

  9  414 and is ineligible to receive public assistance until such

10  time as the department determines cooperation has been

11  satisfactory.

12         (4)  Except as provided for in s. 414.32, the Title

13  IV-D agency shall determine whether an applicant for or

14  recipient of public assistance for a dependent child has good

15  cause for failing to cooperate with the Title IV-D agency as

16  required by this section.

17         Section 35.  Subsection (1) of section 409.2578,

18  Florida Statutes, is amended to read:

19         409.2578  Access to employment information;

20  administrative fine.--

21         (1)  For the purpose of establishing paternity, or

22  establishing a child support obligation, or enforcing a child

23  support obligation, all persons in this state, including

24  for-profit, not-for-profit, and governmental employers or

25  contractors, shall, upon written request from the IV-D agency

26  for information concerning an individual employee of such

27  person, provide to the IV-D agency of this state or its

28  designee or to the Title IV-D agency of any other state or its

29  designee information on the employment, compensation, and

30  benefits of any employee who has a liability to pay child

31  support and is delinquent or who has a potential liability.

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  1  The IV-D agency may also make such a request for the purpose

  2  of modifying a child support obligation after an unsuccessful

  3  attempt to obtain the information from either party.  The

  4  information requested shall be provided within 30 days of

  5  receipt of the written request.  The Title IV-D agency of this

  6  state is authorized to impose a fine for failure to respond to

  7  its request.

  8         Section 36.  Subsections (1) and (2) of section

  9  409.2579, Florida Statutes, are amended to read:

10         409.2579  Safeguarding Title IV-D case file

11  information.--

12         (1)  Information concerning applicants for or

13  recipients of Title IV-D child support services is

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

15  The use or disclosure of such information by the IV-D program

16  is limited to purposes directly connected with:

17         (a)  The administration of the plan or program approved

18  under part A, part B, part D, part E, or part F of Title IV;

19  under Title II, Title X, Title XIV, Title XVI, Title XIX, or

20  Title XX; or under the supplemental security income program

21  established under Title XVI of the Social Security Act;

22         (b)  Any investigation, prosecution, or criminal or

23  civil proceeding connected with the administration of any such

24  plan or program;

25         (c)  The administration of any other federal or

26  federally assisted program which provides service or

27  assistance, in cash or in kind, directly to individuals on the

28  basis of need;

29         (d)  Reporting to an appropriate agency or official,

30  information on known or suspected instances of physical or

31  mental injury, child abuse, sexual abuse or exploitation, or

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  1  negligent treatment or maltreatment of a child who is the

  2  subject of a child support enforcement activity under

  3  circumstances which indicate that the child's health or

  4  welfare is threatened thereby; and

  5         (e)  Mandatory disclosure of identifying and location

  6  information as provided in s. 61.13(9) by the IV-D program

  7  when providing Title IV-D services.

  8         (2)  The IV-D program may not disclose to any

  9  legislative body, whether federal, state, or local, or any

10  committee thereof, any information that identifies by name or

11  address an applicant or recipient of child support services.

12         Section 37.  Section 409.2591, Florida Statutes, is

13  repealed.

14         Section 38.  Subsection (2) of section 409.2594,

15  Florida Statutes, is amended to read:

16         409.2594  Record requirements.--The department shall

17  keep the records necessary to evaluate the effectiveness of

18  the program.  At a minimum, the records shall include:

19         (2)  The amount of money generated through the

20  collection of child support of dependent children.

21         Section 39.  Subsections (1), (2), and (3) of section

22  409.2598, Florida Statutes, are amended to read:

23         409.2598  Suspension or denial of new or renewal

24  licenses; registrations; certifications.--

25         (1)  The Title IV-D agency may petition the court that

26  entered the support order or the court that is enforcing the

27  support order to deny or suspend the license, registration, or

28  certificate issued under chapter 231, chapter 370, chapter

29  372, chapter 409, chapter 456, chapter 559, s. 328.42, or s.

30  597.010 of any obligor with a delinquent child support

31  obligation or who fails, after receiving appropriate notice,

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  1  to comply with subpoenas, orders to appear, orders to show

  2  cause, or similar orders relating to paternity or child

  3  support proceedings. However, a petition may not be filed

  4  until the Title IV-D agency has exhausted all other available

  5  remedies. The purpose of this section is to promote the public

  6  policy of the state as established in s. 409.2551.

  7         (2)  The Title IV-D agency is authorized to screen all

  8  applicants for new or renewal licenses, registrations, or

  9  certificates and current licenses, registrations, or

10  certificates and current licensees, registration holders, and

11  certificateholders of all licenses, registrations, and

12  certificates issued under chapter 231, chapter 370, chapter

13  372, chapter 409, chapter 456, or chapter 559 or s. 328.42 to

14  ensure compliance with any child support obligation and any

15  subpoenas, orders to appear, orders to show cause, or similar

16  orders relating to paternity or child support proceedings. If

17  the Title IV-D agency determines that an applicant, licensee,

18  registration holder, or certificateholder is an obligor who is

19  delinquent on a support obligation or who is not in compliance

20  with a subpoena, order to appear, order to show cause, or

21  similar order relating to paternity or child support

22  proceedings, the Title IV-D agency shall certify the

23  delinquency pursuant to s. 61.14.

24         (3)  The Title IV-D agency shall give notice to any

25  obligor who is an applicant for a new or renewal license or

26  certificate or the holder of a current license or certificate

27  when a delinquency exists in the support obligation or when an

28  obligor has failed to comply with a subpoena, order to appear,

29  order to show cause, or similar order relating to paternity or

30  child support proceeding.  The notice shall specify that the

31  obligor has 30 days from the date on which service of the

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  1  notice is complete to pay the delinquency or to reach an

  2  agreement to pay the delinquency with the Title IV-D agency or

  3  comply with the subpoena, order to appear, order to show

  4  cause, or similar order.  The notice shall specify that, if

  5  payment is not made or an agreement cannot be reached, or if

  6  the subpoena, order to appear, order to show cause, or similar

  7  order is not complied with, the application may be denied or

  8  the license or certification may be suspended pursuant to a

  9  court order.

10         Section 40.  Paragraph (a) of subsection (5) of section

11  414.065, Florida Statutes, is amended to read:

12         414.065  Noncompliance with work requirements.--

13         (5)  WORK ACTIVITY REQUIREMENTS FOR NONCUSTODIAL

14  PARENTS.--

15         (a)  The court may order a noncustodial parent who is

16  delinquent in child support payments, as defined in s. 61.046,

17  to participate in work activities under this chapter so that

18  the parent may obtain employment and fulfill the obligation to

19  provide support payments. A noncustodial parent who fails to

20  satisfactorily engage in court-ordered work activities may be

21  held in contempt.

22  

23  If a noncustodial parent fails to comply with the case plan,

24  the noncustodial parent may be removed from program

25  participation.

26         Section 41.  Subsection (8) of section 414.095, Florida

27  Statutes, is amended to read:

28         414.095  Determining eligibility for temporary cash

29  assistance.--

30         (8)  ASSIGNMENT OF RIGHTS TO SUPPORT.--As a condition

31  of receiving temporary cash assistance, the family must assign

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  1  to the department any rights a member of a family may have to

  2  support from any other person. This applies to any family

  3  member; however, the assigned amounts must not exceed the

  4  total amount of temporary cash assistance provided to the

  5  family. The assignment of child support does not apply if the

  6  family leaves the program.

  7         Section 42.  Subsection (1) of section 414.32, Florida

  8  Statutes, is amended to read:

  9         414.32  Prohibitions and restrictions with respect to

10  food stamps.--

11         (1)  COOPERATION WITH CHILD SUPPORT ENFORCEMENT

12  AGENCY.--

13         (a)  A parent or caretaker relative who receives

14  temporary cash assistance or food stamps on behalf of a child

15  under 18 years of age who has an absent parent is ineligible

16  for food stamps unless the parent or caretaker relative

17  cooperates with the state agency that administers the child

18  support enforcement program in establishing the paternity of

19  the child, if the child is born out of wedlock, and in

20  obtaining support for the child or for the parent or caretaker

21  relative and the child. This paragraph does not apply if the

22  state agency that administers the food stamp child support

23  enforcement program determines that the parent or caretaker

24  relative has good cause for failing to cooperate.

25         (b)  A putative or identified noncustodial parent of a

26  child under 18 years of age is ineligible for food stamps if

27  the parent fails to cooperate with the state agency that

28  administers the child support enforcement program in

29  establishing the paternity of the child, if the child is born

30  out of wedlock, or fails to provide support for the child.

31  This paragraph does not apply if the state agency that

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  1  administers the food stamp child support enforcement program

  2  determines that the noncustodial parent has good cause for

  3  refusing to cooperate in establishing the paternity of the

  4  child.

  5         Section 43.  Effective July 1, 2001, paragraph (d) is

  6  added to subsection (11) of section 440.20, Florida Statutes,

  7  to read:

  8         440.20  Time for payment of compensation; penalties for

  9  late payment.--

10         (11)

11         (d)  When reviewing any settlement of lump-sum payment

12  pursuant to this subsection, judges of compensation claims

13  shall consider the interests of the worker and the worker's

14  family when approving the settlement, which must consider and

15  provide for appropriate recovery of past due support.

16         Section 44.  Effective July 1, 2001, section 440.22,

17  Florida Statutes, is amended to read:

18         440.22  Assignment and exemption from claims of

19  creditors.--No assignment, release, or commutation of

20  compensation or benefits due or payable under this chapter

21  except as provided by this chapter shall be valid, and such

22  compensation and benefits shall be exempt from all claims of

23  creditors, and from levy, execution and attachments or other

24  remedy for recovery or collection of a debt, which exemption

25  may not be waived. However, the exemption of workers'

26  compensation claims from creditors does not extend to claims

27  based on an award of child support or spousal support.

28         Section 45.  Paragraphs (b) and (c) of subsection (1)

29  and subsection (3) of section 443.051, Florida Statutes, are

30  amended to read:

31  

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  1         443.051  Benefits not alienable; exception, child

  2  support intercept.--

  3         (1)  DEFINITIONS.--As used in this section:

  4         (b)  "Child Support obligations" includes only

  5  obligations which are being enforced pursuant to a plan

  6  described in s. 454 of the Social Security Act which has been

  7  approved by the Secretary of Health and Human Services under

  8  Part D of Title IV of the Social Security Act.

  9         (c)  "State or local child support enforcement agency"

10  means any agency of a state or political subdivision thereof

11  which enforces child support obligations.

12         (3)  EXCEPTION, CHILD SUPPORT INTERCEPT.--

13         (a)  The division shall require each individual filing

14  a new claim for unemployment compensation to disclose at the

15  time of filing such claim whether or not she or he owes child

16  support obligations which are being enforced by a state or

17  local child support enforcement agency.  If any applicant

18  discloses that she or he owes child support obligations and

19  she or he is determined to be eligible for unemployment

20  compensation benefits, the division shall notify the state or

21  local child support enforcement agency enforcing such

22  obligation.

23         (b)  The division shall deduct and withhold from any

24  unemployment compensation otherwise payable to an individual

25  who owes child support obligations:

26         1.  The amount specified by the individual to the

27  division to be deducted and withheld under this section;

28         2.  The amount determined pursuant to an agreement

29  submitted to the division under s. 454(20)(B)(i) of the Social

30  Security Act by the state or local child support enforcement

31  agency; or

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  1         3.  Any amount otherwise required to be deducted and

  2  withheld from such unemployment compensation through legal

  3  process as defined in s. 459 of the Social Security Act.

  4         (c)  The division shall pay any amount deducted and

  5  withheld under paragraph (b) to the appropriate state or local

  6  child support enforcement agency.

  7         (d)  Any amount deducted and withheld under this

  8  subsection shall for all purposes be treated as if it were

  9  paid to the individual as unemployment compensation and paid

10  by such individual to the state or local child support

11  enforcement agency for child support obligations.

12         (e)  Each state or local child support enforcement

13  agency shall reimburse the state agency charged with the

14  administration of the Unemployment Compensation Law for the

15  administrative costs incurred by the division under this

16  subsection which are attributable to child support obligations

17  being enforced by the state or local child support enforcement

18  agency.

19         Section 46.  Subsection (9) of section 455.203, Florida

20  Statutes, is amended to read:

21         455.203  Department; powers and duties.--The

22  department, for the boards under its jurisdiction, shall:

23         (9)  Allow applicants for new or renewal licenses and

24  current licensees to be screened by the Title IV-D child

25  support agency pursuant to s. 409.2598 to assure compliance

26  with a support obligation. The purpose of this subsection is

27  to promote the public policy of this state as established in

28  s. 409.2551. The department shall, when directed by the court,

29  suspend or deny the license of any licensee found to have a

30  delinquent support obligation, as defined in s. 409.2554. The

31  department shall issue or reinstate the license without

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  1  additional charge to the licensee when notified by the court

  2  that the licensee has complied with the terms of the court

  3  order. The department shall not be held liable for any license

  4  denial or suspension resulting from the discharge of its

  5  duties under this subsection.

  6         Section 47.  Subsection (9) of section 456.004, Florida

  7  Statutes, is amended to read:

  8         456.004  Department; powers and duties.--The

  9  department, for the professions under its jurisdiction, shall:

10         (9)  Allow applicants for new or renewal licenses and

11  current licensees to be screened by the Title IV-D child

12  support agency pursuant to s. 409.2598 to assure compliance

13  with a support obligation, as defined in s. 409.2554. The

14  purpose of this subsection is to promote the public policy of

15  this state as established in s. 409.2551. The department

16  shall, when directed by the court, suspend or deny the license

17  of any licensee found to have a delinquent support obligation.

18  The department shall issue or reinstate the license without

19  additional charge to the licensee when notified by the court

20  that the licensee has complied with the terms of the court

21  order. The department shall not be held liable for any license

22  denial or suspension resulting from the discharge of its

23  duties under this subsection.

24         Section 48.  Subsection (3) of section 559.79, Florida

25  Statutes, is amended to read:

26         559.79  Applications for license or renewal.--

27         (3)  The department shall allow the Title IV-D child

28  support agency to screen all applicants for new or renewal

29  licenses and current licensees pursuant to s. 409.2598 to

30  assure compliance with a support obligation, as defined in s.

31  409.2554.  The purpose of this subsection is to promote the

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  1  public policy of this state as established in s. 409.2551. The

  2  department shall, when directed by the court, suspend or deny

  3  the license of any licensee found to have a delinquent support

  4  obligation.  The department shall issue or reinstate the

  5  license without additional charge to the licensee when

  6  notified by the court that the licensee has complied with the

  7  terms of the court order.  The department shall not be liable

  8  for any license denial or suspension resulting from the

  9  discharge of its duties under this subsection.

10         Section 49.  Effective July 1, 2001, subsection (2) of

11  section 742.12, Florida Statutes, is amended to read:

12         742.12  Scientific testing to determine paternity.--

13         (2)  In any proceeding to establish paternity, the

14  court may, upon request of a party providing a sworn statement

15  or written declaration as provided by s. 92.525(2) alleging

16  paternity and setting forth facts establishing a reasonable

17  possibility of the requisite sexual contact between the

18  parties or providing a sworn statement or written declaration

19  denying paternity and setting forth facts establishing a

20  reasonable possibility of the nonexistence of sexual contact

21  between the parties, require the child, mother, and alleged

22  fathers to submit to scientific tests that are generally

23  acceptable within the scientific community to show a

24  probability of paternity. The court shall direct that the

25  tests be conducted by a qualified technical laboratory.

26         Section 50.  Subsection (5) of section 943.053, Florida

27  Statutes, is amended to read:

28         943.053  Dissemination of criminal justice information;

29  fees.--

30         (5)  Notwithstanding any other provision of law, the

31  department shall provide to the Florida Department of Revenue

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  1  Child Support Enforcement access to Florida criminal records

  2  which are not exempt from disclosure under chapter 119, and to

  3  such information as may be lawfully available from other

  4  states via the National Law Enforcement Telecommunications

  5  System, for the purpose of locating subjects who owe or

  6  potentially owe child support, as defined in s. 409.2554, or

  7  to whom such obligation is owed pursuant to Title IV-D of the

  8  Social Security Act. Such information may be provided to child

  9  support enforcement authorities in other states for these

10  specific purposes.

11         Section 51.  Except as otherwise expressly provided in

12  this act, this act shall take effect upon becoming a law.

13  

14            *****************************************

15                       LEGISLATIVE SUMMARY

16  
      Revises various provisions of the Florida Statutes
17    relating to child support and the duties of the
      Department of Revenue in enforcing support obligations to
18    delete reference to child support and include reference
      to support on a consistent basis and to include reference
19    to the definition of support. (See bill for details.)

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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