Senate Bill sb1284c1

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    Florida Senate - 2001                           CS for SB 1284

    By the Committee on Children and Families; and Senator Peaden





    300-1842-01

  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         61.181, 61.1824, 409.2557, 409.25575, 409.2561,

  5         409.2564, 409.2565, 409.25657, 409.25658,

  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 the former

15         spouse of an obligor if child support is being

16         enforced by the Department of Revenue among a

17         list of items that must be paid prior to the

18         award of certain prizes; amending s. 61.046,

19         F.S.; redefining the term "support order";

20         defining the term "support"; amending s.

21         61.1301, F.S.; prescribing the time within

22         which an order of income deduction may be

23         entered after an order establishing or

24         modifying support; providing for the court to

25         request that an income-deduction order reflect

26         the payment cycle of the payor; amending s.

27         61.13016, F.S.; requiring that any costs and

28         fees associated with delinquency be paid to

29         prevent suspension of a driver's license;

30         repealing s. 61.1307, F.S., relating to the

31         collection of motor vehicle impact fee refunds

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  1         for child support; amending s. 61.1354, F.S.;

  2         revising provisions with respect to the sharing

  3         of information between consumer reporting

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

  5         61.14, F.S.; including reference to the State

  6         Disbursement Unit with respect to support

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

  8         for retroactive increase or decrease in

  9         support, maintenance, or alimony; providing

10         requirements for judges of compensation claims

11         with respect to settlement of a lump-sum

12         payment; specifying the delinquency amount for

13         which notice to the obligor is required;

14         amending s. 61.1825, F.S.; revising provisions

15         with respect to the state case registry to

16         include additional provisions requiring the

17         placement of a family violence indicator in the

18         record; amending s. 61.30, F.S.; redefining the

19         term "gross income" with respect to child

20         support guidelines; authorizing the court to

21         adjust the minimum child support award based on

22         consideration of the particular shared parental

23         arrangement; specifying procedure for

24         adjustment of any award of child support when

25         the particular shared parental arrangement

26         provides that each child spend a substantial

27         amount of time with each parent; specifying

28         circumstances under which failure of a

29         noncustodial parent to exercise visitation may

30         trigger modification of the child support

31         award; providing for retroactive application of

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  1         such modified support award; prescribing

  2         conditions under which income from secondary

  3         employment may be disregarded in modifying an

  4         existing award; amending s. 322.058, F.S.;

  5         including additional provisions requiring the

  6         suspension of a drivers' license for failure to

  7         comply with a subpoena, order to appear, order

  8         to show cause, or similar order with respect to

  9         a delinquent support obligation; amending s.

10         322.142, F.S.; including an additional reason

11         that reproductions of records with respect to

12         drivers' licenses may be sent from the

13         Department of Highway Safety and Motor

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

15         the Department of Highway Safety and Motor

16         Vehicles to allow the Department of Revenue to

17         screen applicants for new or renewal vessel

18         registrations to assure compliance with an

19         obligation for support; amending s. 409.2554,

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

21         and "support"; defining the terms

22         "undistributable collection" and

23         "unidentifiable collection"; amending s.

24         409.2558, F.S.; revising provisions with

25         respect to support distribution and

26         disbursement to include reference to

27         undistributable collections and unidentifiable

28         collections; providing rulemaking authority;

29         providing for review prior to the formal

30         rule-development process; providing for a

31         report to the Legislature; amending s.

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  1         409.2561, F.S.; deleting reference to public

  2         assistance and including reference to temporary

  3         cash or Title IV-E assistance; creating s.

  4         409.2563, F.S.; creating a pilot program for

  5         the administrative establishment of

  6         child-support obligations; providing

  7         definitions; providing legislative intent with

  8         respect to an alternative procedure for

  9         establishing child support obligations in

10         certain cases; authorizing the Department of

11         Children and Family Services to establish an

12         administrative support order; providing

13         procedures; providing notice requirements;

14         providing for a hearing conducted by the

15         Division of Administrative Hearings; providing

16         that a final order by an administrative law

17         judge constitutes final agency action;

18         providing for collection and enforcement of an

19         administrative support order; providing for

20         judicial review and a prospective change in the

21         support obligation; providing for disclosures

22         and a presumption of receipt of certain

23         notices, payments, and orders; authorizing the

24         department to adopt rules; providing

25         requirements for establishing the pilot

26         program; providing for expiration of the pilot

27         program; amending s. 409.2564, F.S.; revising

28         provisions with respect to actions for support;

29         amending s. 409.25645, F.S.; revising

30         provisions with respect to administrative

31         orders for genetic testing; amending s.

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  1         409.25656, F.S.; revising provisions with

  2         respect to garnishment; amending s. 409.2572,

  3         F.S.; including reference to public assistance

  4         with respect to certain acts of noncooperation;

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

  6         with respect to access to employment

  7         information for enforcing support obligations;

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

  9         unidentifiable moneys held in a special

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

11         provisions with respect to certain food stamp

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

13         provisions with respect to lump-sum payments

14         under workers compensation; amending s. 440.22,

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

16         compensation claims from creditors does not

17         extend to claims based on an award of child

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

19         revising provisions with respect to scientific

20         testing to determine paternity; providing

21         effective dates.

22

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

24

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

26  Statutes, is amended to read:

27         24.115  Payment of prizes.--

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

29  agency and of the judicial branch to identify to the

30  department, in the form and format prescribed by the

31  department, persons owing an outstanding debt to any state

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  1  agency or owing child support collected through a court,

  2  including spousal support or alimony for the spouse or former

  3  spouse of the obligor if the child-support obligation is being

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

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

  6  outstanding obligation, the department shall transmit the

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

  8  authorize payment of the balance to the prize winner after

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

10  subject to offset under this subsection and the prize is

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

12  shall be transmitted first to the agency claiming that past

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

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

15  lottery prize amount shall be transmitted to other agencies

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

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

18  state.

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

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

21  section, to read:

22         61.046  Definitions.--As used in this chapter:

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

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

25  competent jurisdiction for the support and maintenance of a

26  child which provides for monetary support, health care,

27  arrearages, or past support. When the child-support obligation

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

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

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

31  jurisdiction for the support and maintenance of a child and

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

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

  3  arrearages, or past support.

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

  5         (a)  Child support and, when the child-support

  6  obligation is being enforced by the Department of Revenue,

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

  8  the obligor with whom the child is living.

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

10  the Department of Revenue.

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

12  61.11, Florida Statutes, is amended to read:

13         61.11  Writs.--

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

15  attachment in connection with a court-ordered child support

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

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

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

19  into the Florida Crime Information Center telecommunications

20  system and authorization for the assessment and collection of

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

22  transportation of the respondent in compliance thereof.  The

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

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

25  night.

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

27  61.13, Florida Statutes, is amended to read:

28         61.13  Custody and support of children; visitation

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

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

31  paternity or child support proceeding is required to file with

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

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

  3  information on location and identity of the party, including

  4  social security number, residential and mailing addresses,

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

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

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

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

  9  updating the tribunal and State Case Registry.

10         Section 5.  Paragraph (a) of subsection (1) and

11  paragraph (e) of subsection (2) of section 61.1301, Florida

12  Statutes, are amended to read:

13         61.1301  Income deduction orders.--

14         (1)  ISSUANCE IN CONJUNCTION WITH AN ORDER

15  ESTABLISHING, ENFORCING, OR MODIFYING AN OBLIGATION FOR

16  ALIMONY OR CHILD SUPPORT.--

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

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

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

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

21  income deduction if one has not been entered. Upon the entry

22  of a temporary order establishing support or the entry of a

23  temporary order enforcing or modifying a temporary order of

24  support, the court may enter a separate order of income

25  deduction.   Copies of the orders shall be served on the

26  obligee and obligor. If the order establishing, enforcing, or

27  modifying the obligation directs that payments be made through

28  the depository, the court shall provide to the depository a

29  copy of the order establishing, enforcing, or modifying the

30  obligation. If the obligee is a recipient of Title IV-D

31  services, the court shall furnish to the Title IV-D agency a

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  1  copy of the income deduction order and the order establishing,

  2  enforcing, or modifying the obligation.

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

  4  implement income deduction after receiving a copy of an order

  5  from the court under this paragraph or a forwarding agency

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

  7  notice to the payor.

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

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

10  income deduction requirement or upon a separate income

11  deduction order. The income deduction notice must contain the

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

13  income deduction notice must contain the following information

14  from the income deduction order upon which the notice is

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

16  the date entered.

17         3.  Payors shall deduct support payments from income,

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

19  provided under paragraph (2)(e).

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

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

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

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

24  copy of the income deduction order.

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

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

27  income deduction may be initiated upon a delinquency without

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

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

30  income deduction by serving a notice of delinquency on the

31  obligor as provided for under paragraph (f).

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  1         (2)  ENFORCEMENT OF INCOME DEDUCTION ORDERS.--

  2         (e)  Notice to payor and income deduction notice. The

  3  notice to payor or, in Title IV-D cases, income deduction

  4  notice shall contain only information necessary for the payor

  5  to comply with the order providing for income deduction. The

  6  notice shall:

  7         1.  Provide the obligor's social security number.

  8         2.  Require the payor to deduct from the obligor's

  9  income the amount specified in the income deduction order, and

10  in the case of a delinquency the amount specified in the

11  notice of delinquency, and to pay that amount to the obligee

12  or to the depository, as appropriate. The amount actually

13  deducted plus all administrative charges shall not be in

14  excess of the amount allowed under s. 303(b) of the Consumer

15  Credit Protection Act, 15 U.S.C. s. 1673(b);

16         3.  Instruct the payor to implement income deduction no

17  later than the first payment date which occurs more than 14

18  days after the date the income deduction notice was served on

19  the payor, and the payor shall conform the amount specified in

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

21  deduction notice to the obligor's pay cycle. The court should

22  request at the time of the order that the payment cycle

23  reflect that of the payor;

24         4.  Instruct the payor to forward, within 2 days after

25  each date the obligor is entitled to payment from the payor,

26  to the obligee or to the depository the amount deducted from

27  the obligor's income, a statement as to whether the amount

28  totally or partially satisfies the periodic amount specified

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

30  deduction notice, and the specific date each deduction is

31  made. If the IV-D agency is enforcing the order, the payor

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  1  shall make these notifications to the agency instead of the

  2  obligee;

  3         5.  Specify that if a payor fails to deduct the proper

  4  amount from the obligor's income, the payor is liable for the

  5  amount the payor should have deducted, plus costs, interest,

  6  and reasonable attorney's fees;

  7         6.  Provide that the payor may collect up to $5 against

  8  the obligor's income to reimburse the payor for administrative

  9  costs for the first income deduction and up to $2 for each

10  deduction thereafter;

11         7.  State that the notice to payor or, in Title IV-D

12  cases, income deduction notice, and in the case of a

13  delinquency the notice of delinquency, are binding on the

14  payor until further notice by the obligee, IV-D agency, or the

15  court or until the payor no longer provides income to the

16  obligor;

17         8.  Instruct the payor that, when he or she no longer

18  provides income to the obligor, he or she shall notify the

19  obligee and shall also provide the obligor's last known

20  address and the name and address of the obligor's new payor,

21  if known; and that, if the payor violates this provision, the

22  payor is subject to a civil penalty not to exceed $250 for the

23  first violation or $500 for any subsequent violation. If the

24  IV-D agency is enforcing the order, the payor shall make these

25  notifications to the agency instead of to the obligee.

26  Penalties shall be paid to the obligee or the IV-D agency,

27  whichever is enforcing the income deduction order;

28         9.  State that the payor shall not discharge, refuse to

29  employ, or take disciplinary action against an obligor because

30  of the requirement for income deduction and shall state that a

31  violation of this provision subjects the payor to a civil

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  1  penalty not to exceed $250 for the first violation or $500 for

  2  any subsequent violation. Penalties shall be paid to the

  3  obligee or the IV-D agency, whichever is enforcing the income

  4  deduction, if any alimony or child support obligation is

  5  owing. If no alimony or child support obligation is owing, the

  6  penalty shall be paid to the obligor;

  7         10.  State that an obligor may bring a civil action in

  8  the courts of this state against a payor who refuses to

  9  employ, discharges, or otherwise disciplines an obligor

10  because of income deduction. The obligor is entitled to

11  reinstatement and all wages and benefits lost, plus reasonable

12  attorney's fees and costs incurred;

13         11.  Inform the payor that the requirement for income

14  deduction has priority over all other legal processes under

15  state law pertaining to the same income and that payment, as

16  required by the notice to payor or income deduction notice, is

17  a complete defense by the payor against any claims of the

18  obligor or his or her creditors as to the sum paid;

19         12.  Inform the payor that, when the payor receives

20  notices to payor or income deduction notices requiring that

21  the income of two or more obligors be deducted and sent to the

22  same depository, the payor may combine the amounts that are to

23  be paid to the depository in a single payment as long as the

24  payments attributable to each obligor are clearly identified;

25  and

26         13.  Inform the payor that if the payor receives more

27  than one notice to payor or income deduction notice against

28  the same obligor, the payor shall contact the court or, in

29  Title IV-D cases, the Title IV-D agency for further

30  instructions. Upon being so contacted, the court or, in Title

31  IV-D cases when all the cases upon which the notices are based

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  1  are Title IV-D cases, the Title IV-D agency shall allocate

  2  amounts available for income deduction as provided in

  3  subsection (4).

  4         Section 6.  Subsection (1) of section 61.13015, Florida

  5  Statutes, is amended to read:

  6         61.13015  Petition for suspension or denial of

  7  professional licenses and certificates.--

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

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

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

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

12  and 559 of any obligor with a delinquent child support

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

14  obligee has exhausted all other available remedies. The

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

16  409.2551.

17         Section 7.  Subsection (1) of section 61.13016, Florida

18  Statutes, is amended to read:

19         61.13016  Suspension of driver's licenses and motor

20  vehicle registrations.--

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

22  registration of a child support obligor who is delinquent in

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

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

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

26  15 days delinquent making a payment in child support or

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

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

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

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

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

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

  2  last address of record with the Department of Highway Safety

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

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

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

  6  court must provide notice to the obligor of the delinquency

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

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

  9  Department of Highway Safety and Motor Vehicles.  In either

10  case, the notice must state:

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

12  obligation;

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

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

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

16  similar order which has not been complied with;

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

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

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

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

21         1.a.  Pays the delinquency in full and any other costs

22  and fees accrued between the date of the notice and the date

23  the delinquency is paid;

24         b.  Enters into a written agreement for payment with

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

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

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

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

29  the delinquency action; and

30         2.  Pays any applicable delinquency fees.

31

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

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

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

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

  5         Section 8.  Section 61.13017, Florida Statutes, is

  6  repealed.

  7         Section 9.  Subsections (2) and (3) of section 61.1354,

  8  Florida Statutes, are amended to read:

  9         61.1354  Sharing of information between consumer

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

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

12  appropriate consumer credit reporting agencies, as identified

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

14  delinquent obligor and the amount of overdue support owed by

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

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

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

18  to release the information periodically to the consumer

19  reporting agencies. The notice shall state the amount of

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

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

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

23  contest the accuracy of the information. After the initial

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

25  hearing need be given when updated information concerning the

26  same obligor is periodically released to the consumer

27  reporting agencies.

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

29  and establishing an individual's capacity to make child

30  support payments or for determining the appropriate amount of

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

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  1  consumer reporting agencies shall provide, upon request,

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

  3  604 of the Fair Credit Reporting Act, provided that the head

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

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

  6  determining an individual's income and establishing an

  7  individual's capacity to make child support payments or

  8  determining the appropriate amount of child-support such

  9  payment to be made by the individual;

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

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

12  child, has been established or acknowledged pursuant to the

13  laws of Florida;

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

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

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

17  the report was requested; and

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

19  purpose described in paragraph (a).

20         Section 10.  Paragraph (a) of subsection (1) and

21  paragraphs (a), (b), and (d) of subsection (6) of section

22  61.14, Florida Statutes, are amended to read:

23         61.14  Enforcement and modification of support,

24  maintenance, or alimony agreements or orders.--

25         (1)(a)  When the parties enter into an agreement for

26  payments for, or instead of, support, maintenance, or alimony,

27  whether in connection with a proceeding for dissolution or

28  separate maintenance or with any voluntary property

29  settlement, or when a party is required by court order to make

30  any payments, and the circumstances or the financial ability

31  of either party changes or the child who is a beneficiary of

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  1  an agreement or court order as described herein reaches

  2  majority after the execution of the agreement or the rendition

  3  of the order, either party may apply to the circuit court of

  4  the circuit in which the parties, or either of them, resided

  5  at the date of the execution of the agreement or reside at the

  6  date of the application, or in which the agreement was

  7  executed or in which the order was rendered, for an order

  8  decreasing or increasing the amount of support, maintenance,

  9  or alimony, and the court has jurisdiction to make orders as

10  equity requires, with due regard to the changed circumstances

11  or the financial ability of the parties or the child,

12  decreasing, increasing, or confirming the amount of separate

13  support, maintenance, or alimony provided for in the agreement

14  or order.  A finding that medical insurance is reasonably

15  available or the child support guidelines in s. 61.30 may

16  constitute changed circumstances. Except as otherwise provided

17  in s. 61.30(11)(c), the court may modify an order of support,

18  maintenance, or alimony by increasing or decreasing the

19  support, maintenance, or alimony retroactively to the date of

20  the filing of the action or supplemental action for

21  modification as equity requires, giving due regard to the

22  changed circumstances of the financial ability of the parties

23  or the child.

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

25  local depository or through the State Disbursement Unit, any

26  payment or installment of support which becomes due and is

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

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

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

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

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

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

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

  3  local depository from any payment made for costs and fees

  4  accrued in the judgment by operation of law process under

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

  6  the obligee under the judgment has been paid.

  7         2.  A certified statement by the local depository

  8  evidencing a delinquency in support payments constitute

  9  evidence of the final judgment under this paragraph.

10         3.  The judgment under this paragraph is a final

11  judgment as to any unpaid payment or installment of support

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

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

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

15  modify such judgment as to any unpaid payment or installment

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

17  motion to alter or modify the support order.  This

18  subparagraph does not prohibit the court from providing relief

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

20  Civil Procedure.

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

22  a payment or installment of support and the amount of the

23  delinquency is greater than the periodic payment amount

24  ordered by the court, the local depository shall serve notice

25  on the obligor informing him or her of:

26         a.  The delinquency and its amount.

27         b.  An impending judgment by operation of law against

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

29  amounts which thereafter become due and are unpaid, together

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

31  the delinquency.

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

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

  3         d.  The local depository's authority to release

  4  information regarding the delinquency to one or more credit

  5  reporting agencies.

  6         2.  The local depository shall serve the notice by

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

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

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

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

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

12  is complete on the date of mailing.

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

14  contest the impending judgment within 15 days after the date

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

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

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

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

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

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

21         Section 11.  Effective July 1, 2001, subsection (8) of

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

23         61.14  Enforcement and modification of support,

24  maintenance, or alimony agreements or orders.--

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

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

27  compensation claims shall consider the interests of the worker

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

29  must consider and provide for appropriate recovery of past due

30  support.

31

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  1         (b)  In accordance with Notwithstanding the provisions

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

  3  employee under chapter 440 is exempt from garnishment,

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

  5  the purposes of enforcing child or spousal support

  6  obligations.

  7         Section 12.  Section 61.181, Florida Statutes, is

  8  amended to read:

  9         61.181  Depository for alimony transactions, support,

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

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

12  a depository unless the depository is otherwise created by

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

14  1985, a different entity was established to perform such

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

16  extend participation in the federal child support cost

17  reimbursement program to the central depository in each

18  county, to the maximum extent possible under existing federal

19  law.  The depository shall receive reimbursement for services

20  provided under a cooperative agreement with the department

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

22  the State Disbursement Unit and shall implement all statutory

23  and contractual duties imposed on the State Disbursement Unit.

24  Each depository shall receive from and transmit to the State

25  Disbursement Unit required data through the Clerk of Court

26  Child Support Enforcement Collection System. Payments on

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

28  be sent to the State Disbursement Unit.

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

30  through the State Disbursement Unit, the depository shall

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

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  1  recording, reporting, disbursing, monitoring, or handling

  2  alimony or child support payments as required under this

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

  4  the State Disbursement Unit pursuant to this chapter, the

  5  State Disbursement Unit shall, on each payment received,

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

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

  8  depository's administration, management, and maintenance of

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

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

11  Disbursement Unit shall not deduct any moneys from the support

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

13  based, to the extent practicable, upon estimated reasonable

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

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

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

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

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

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

20  the court in determining the amount of support that the

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

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

23  2002, the fee imposed in paragraph (a) shall be increased to 4

24  percent of the support payments which the party is obligated

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

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

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

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

29  the additional revenues generated by this paragraph shall be

30  remitted monthly to the Clerk of the Court Child Support

31  Enforcement Collection System Trust Fund administered by the

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  1  department as provided in subparagraph 2.  These funds shall

  2  be used exclusively for the development, implementation, and

  3  operation of the Clerk of the Court Child Support Enforcement

  4  Collection System to be operated by the depositories,

  5  including the automation of civil case information necessary

  6  for the State Case Registry.  The department shall contract

  7  with the Florida Association of Court Clerks and the

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

  9  maintain the automation of the depositories to include, but

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

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

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

13  the automation of the depositories is limited to the state

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

15  Support Enforcement Collection System Trust Fund.  Each

16  depository created under this section shall fully participate

17  in the Clerk of the Court Child Support Enforcement Collection

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

19  the contract between the Florida Association of Court Clerks

20  and the department.

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

22  remitted to the department by the depository shall be done

23  daily by electronic funds transfer and calculated as follows:

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

25  cents.

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

27  amount equal to 18.75 percent of the fee charged.

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

29  cents.

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

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

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

  2  depository.

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

  4  through the State Disbursement Unit, the depository shall

  5  collect and distribute all support payments paid into the

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

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

  8  accompanied by the required transaction fee, the depository

  9  shall not deduct any moneys from the support payment for

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

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

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

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

14  become applicable and operational. As part of its collection

15  and distribution functions, the depository shall maintain

16  records listing:

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

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

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

20  number.

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

22  order.

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

24  order.

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

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

27  of the disbursement.

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

29  in the court order.

30         7.  Other records as necessary to comply with federal

31  reporting requirements.

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

  2  complete an information form, which shall request the

  3  following about the payor or obligor who provides payment by

  4  check:

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

  6         2.  Driver's license number.

  7         3.  Social security number.

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

  9  obligor's employer.

10         5.  Date of birth.

11         6.  Weight and height.

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

13  State Attorney if prosecution for an insufficient check

14  becomes necessary.

15

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

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

18  personal checks from the payor or obligor.

19         (c)  Parties using the depository for support payments

20  shall inform the depository of changes in their names or

21  addresses. An obligor shall, additionally, notify the

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

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

24  amounts of income received. Notification of all changes shall

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

26  change.

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

28  custodial parent who is entitled to receive child support

29  moneys from the depository to a licensed or registered

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

31  court an order directing child support payments which would

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  1  otherwise be distributed to the custodial parent be

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

  3  child by the agency.  Thereafter, payments shall be

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

  5  parent until further order of the court.

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

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

  8  identifies all delinquent accounts, the period of delinquency,

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

10  alphabetical order by name of obligor, shall include the

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

12  cost to the IV-D agency.

13         (5)  The depository shall accept a support payment

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

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

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

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

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

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

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

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

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

23  depository shall disburse the proceeds to the obligee within 2

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

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

26  Notwithstanding the provisions of s. 28.243, the administrator

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

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

29         (6)  Certified copies of payment records maintained by

30  a depository shall without further proof be admitted into

31  evidence in any legal proceeding in this state.

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

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

  3  61.1301, for each payment received and forwarded to the

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

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

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

  7  provide the date the deduction was made.

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

  9  provide information required by this chapter to be transmitted

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

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

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

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

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

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

16         (10)  Compliance with the requirements of this section

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

18  pursuant to s. 11.45.

19         Section 13.  Subsection (1) and paragraphs (g), (h),

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

21  Statutes, are amended to read:

22         61.1824  State Disbursement Unit.--

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

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

25  contractor responsible directly to the department. The State

26  Disbursement Unit shall be responsible for the collection and

27  disbursement of payments for:

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

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

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

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

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

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

  3  support obligation is being paid through income deduction.

  4         (3)  The State Disbursement Unit shall perform the

  5  following functions:

  6         (g)  Disburse child support payments to foreign

  7  countries as may be required.

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

  9  foreign currency.

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

11  representatives and an automated voice response system that

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

13  payment information.

14         Section 14.  Effective October 1, 2001, paragraph (a)

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

16  amended to read:

17         61.1825  State Case Registry.--

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

19  violence indicator must be placed on a record when:

20         1.  A party executes a sworn statement requesting that

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

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

23  of information to the Federal Case Registry may result in

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

25         2.  A temporary or final injunction for protection

26  against domestic violence has been granted pursuant to s.

27  741.30(6), an injunction for protection against domestic

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

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

30  protection against repeat violence has been granted pursuant

31  to s. 784.046; or

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  1         3.  The department has received information on a Title

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

  3  Injunction Statewide Verification System, established pursuant

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

  5  domestic-violence or repeat-violence injunction.

  6         Section 15.  Effective July 1, 2001, paragraph (a) of

  7  subsection (2) and subsection (12) of section 61.30, Florida

  8  Statutes, are amended to read:

  9         61.30  Child support guidelines; retroactive child

10  support.--

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

12  the obligor and for the obligee as follows:

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

14  the following items:

15         1.  Salary or wages.

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

17  and other similar payments.

18         3.  Business income from sources such as

19  self-employment, partnership, close corporations, and

20  independent contracts. "Business income" means gross receipts

21  minus ordinary and necessary expenses required to produce

22  income.

23         4.  Disability benefits.

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

25         6.  Unemployment compensation.

26         7.  Pension, retirement, or annuity payments.

27         8.  Social security benefits.

28         9.  Spousal support received from a previous marriage

29  or court ordered in the marriage before the court.

30         10.  Interest and dividends.

31

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  1         11.  Rental income, which is gross receipts minus

  2  ordinary and necessary expenses required to produce the

  3  income.

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

  5         13.  Reimbursed expenses or in kind payments to the

  6  extent that they reduce living expenses.

  7         14.  Gains derived from dealings in property, unless

  8  the gain is nonrecurring.

  9         (12)(a)  A parent with a support obligation may have

10  other children living with him or her who were born or adopted

11  after the support obligation arose. If such subsequent

12  children exist, the court, when considering an upward

13  modification of an existing award, may disregard the income

14  from secondary employment obtained in addition to the parent's

15  primary employment if the court determines that the employment

16  was obtained primarily to support the subsequent children.

17         (b)  Except as provided in paragraph (a), the existence

18  of such subsequent children should not as a general rule be

19  considered by the court as a basis for disregarding the amount

20  provided in the guidelines. The parent with a support

21  obligation for subsequent children may raise the existence of

22  such subsequent children as a justification for deviation from

23  the guidelines. However, if the existence of such subsequent

24  children is raised, the income of the other parent of the

25  subsequent children shall be considered by the court in

26  determining whether or not there is a basis for deviation from

27  the guideline amount.

28         (c)  The issue of subsequent children under paragraph

29  (a) or paragraph (b) may only be raised in a proceeding for an

30  upward modification of an existing award and may not be

31  applied to justify a decrease in an existing award.

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  1         Section 16.  Subsection (11) of section 61.30, Florida

  2  Statutes, is amended to read:

  3         61.30  Child support guidelines; retroactive child

  4  support.--

  5         (11)(a)  The court may adjust the minimum child support

  6  award, or either or both parents' share of the minimum child

  7  support award, based upon the following considerations:

  8         1.  Extraordinary medical, psychological, educational,

  9  or dental expenses.

10         2.  Independent income of the child, not to include

11  moneys received by a child from supplemental security income.

12         3.  The payment of support for a parent which regularly

13  has been paid and for which there is a demonstrated need.

14         4.  Seasonal variations in one or both parents' incomes

15  or expenses.

16         5.  The age of the child, taking into account the

17  greater needs of older children.

18         6.  Special needs, such as costs that may be associated

19  with the disability of a child, that have traditionally been

20  met within the family budget even though the fulfilling of

21  those needs will cause the support to exceed the proposed

22  guidelines.

23         7.  Total available assets of the obligee, obligor, and

24  the child.

25         8.  The impact of the Internal Revenue Service

26  dependency exemption and waiver of that exemption.  The court

27  may order the primary residential parent to execute a waiver

28  of the Internal Revenue Service dependency exemption if the

29  noncustodial parent is current in support payments.

30         9.  When application of the child support guidelines

31  requires a person to pay another person more than 55 percent

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  1  of his or her gross income for a child support obligation for

  2  current support resulting from a single support order.

  3         10.  The particular shared parental arrangement, such

  4  as where the child spends a significant amount of time, but

  5  less than 40 percent of the overnights, with the noncustodial

  6  parent, thereby reducing the financial expenditures incurred

  7  by the primary residential parent; or the refusal of the

  8  noncustodial parent to become involved in the activities of

  9  the child.

10         11.10.  Any other adjustment which is needed to achieve

11  an equitable result which may include, but not be limited to,

12  a reasonable and necessary existing expense or debt.  Such

13  expense or debt may include, but is not limited to, a

14  reasonable and necessary expense or debt which the parties

15  jointly incurred during the marriage.

16         (b)  Whenever a particular shared parental arrangement

17  provides that each child spend a substantial amount of time

18  with each parent, the court shall adjust any award of child

19  support, as follows based upon:

20         1.  In accordance with subsections (9) and (10),

21  calculate the amount of support obligation apportioned to the

22  noncustodial parent without including day care and health

23  insurance costs in the calculation and multiply the amount by

24  1.5.

25         2.  In accordance with subsections (9) and (10),

26  calculate the amount of support obligation apportioned to the

27  custodial parent without including day care and health

28  insurance costs in the calculation and multiply the amount by

29  1.5.

30         3.  Calculate the percentage of overnight stays the

31  child spends with each parent.

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  1         4.  Multiply the noncustodial parent's support

  2  obligation as calculated in subparagraph 1. by the percentage

  3  of the custodial parent's overnight stays with the child as

  4  calculated in subparagraph 3.

  5         5.  Multiply the custodial parent's support obligation

  6  as calculated in subparagraph 2. by the percentage of the

  7  noncustodial parent's overnight stays with the child as

  8  calculated in subparagraph 3.

  9         6.  The difference between the amounts calculated in

10  subparagraphs 4. and 5. shall be the monetary transfer

11  necessary between the custodial and noncustodial parents for

12  the care of the child, subject to an adjustment for day care

13  and health insurance expenses.

14         7.  Pursuant to subsections (7) and (8), calculate the

15  net amounts owed by the custodial and noncustodial parents for

16  the expenses incurred for day care and health insurance

17  coverage for the child. Day care shall be calculated without

18  regard to the 25 percent reduction applied by subsection (7).

19         8.  Adjust the support obligation owed by the custodial

20  or noncustodial parent pursuant to subparagraph 6. by

21  crediting or debiting the amount calculated in subparagraph 7.

22  This amount represents the child support which must be

23  exchanged between the custodial and noncustodial parents.

24         9.  The court may deviate from the child support amount

25  calculated pursuant to subparagraph 8. based upon the

26  considerations set forth in paragraph (a), as well as the

27  likelihood that the noncustodial parent will actually exercise

28  the visitation granted by the court and whether all of the

29  children are exercising the same shared parental arrangement.

30         10.  For purposes of adjusting any award of child

31  support under this paragraph, "substantial amount of time"

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  1  means that the noncustodial parent exercises visitation at

  2  least 40 percent of the overnights of the year.

  3         1.  The amount of time each child will spend with each

  4  parent under the shared parental arrangement.

  5         2.  The needs of each child.

  6         3.  The direct and indirect financial expenses for each

  7  child.  For purposes of this subparagraph, "direct financial

  8  expenses" means any expenses which are incurred directly on

  9  behalf of a child or in which a child directly participates,

10  including, but not limited to, expenses relating to what a

11  child eats or wears or schooling and extracurricular

12  activities, and "indirect financial expenses" means any

13  household expenses from which a child indirectly benefits,

14  including, but not limited to, expenses relating to a

15  mortgage, rent, utilities, automobile, and automobile

16  insurance.

17         4.  The comparative income of each parent, considering

18  all relevant factors, as provided in s. 61.30 (2)(a).

19         5.  The station in life of each parent and each child.

20         6.  The standard of living experienced by the entire

21  family during the marriage.

22         7.  The financial status and ability of each parent.

23         (c)  A noncustodial parent's failure to regularly

24  exercise court-ordered or agreed visitation not caused by the

25  custodial parent which resulted in the adjustment of the

26  amount of child support pursuant to paragraph (a)10. or

27  paragraph (b) shall be deemed a substantial change of

28  circumstances for purposes of modifying the child support

29  award. A modification pursuant to this paragraph shall be

30  retroactive to the date the noncustodial parent first failed

31  to regularly exercise court-ordered or agreed visitation.

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  1         Section 17.  Subsection (4) of section 69.041, Florida

  2  Statutes, is amended to read:

  3         69.041  State named party; lien foreclosure, suit to

  4  quiet title.--

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

  6  participate in the disbursement of funds remaining in the

  7  registry of the court after distribution pursuant to s.

  8  45.031(7). The department shall participate in accordance with

  9  applicable procedures in any mortgage foreclosure action in

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

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

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

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

14  whether a default against the department has been entered for

15  failure to file an answer or other responsive pleading.

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

17  paragraph (a) applies only to mortgage foreclosure actions

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

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

20  default has been entered against the Department of Revenue

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

22  actions initiated based upon interests under a lien arising

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

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

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

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

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

28  1998.

29         Section 18.  Subsection (15) of section 213.053,

30  Florida Statutes, is amended to read:

31         213.053  Confidentiality and information sharing.--

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  1         (15)  The department may disclose confidential taxpayer

  2  information contained in returns, reports, accounts, or

  3  declarations filed with the department by persons subject to

  4  any state or local tax to the child support enforcement

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

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

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

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

  9  Department of Children and Family Services for the purpose of

10  diligent search activities pursuant to chapter 39. Nothing in

11  this subsection authorizes the disclosure of information if

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

13  child support enforcement program and of the Department of

14  Children and Family Services are bound by the same

15  requirements of confidentiality and the same penalties for

16  violation of the requirements as the department.

17         Section 19.  Section 231.097, Florida Statutes, is

18  amended to read:

19         231.097  Suspension or denial of teaching certificate

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

21  applicants for new or renewal certificates and renewal

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

23  support agency pursuant to s. 409.2598 to assure compliance

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

25  409.2554.  The purpose of this section is to promote the

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

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

28  application of any applicant found to have a delinquent

29  support obligation. The department shall issue or reinstate

30  the certificate without additional charge to the

31  certificateholder when notified by the court that the

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  1  certificateholder has complied with the terms of the court

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

  3  certificate denial or suspension resulting from the discharge

  4  of its duties under this section.

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

  6  Statutes, is amended to read:

  7         320.05  Records of the department; inspection

  8  procedure; lists and searches; fees.--

  9         (2)  Upon receipt of an application for the

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

11  provided for, the department shall register the motor vehicle

12  or mobile home under the distinctive number assigned to such

13  motor vehicle or mobile home by the department. Electronic

14  registration records shall be open to the inspection of the

15  public during business hours. Information on a motor vehicle

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

17  person requesting the information furnishes positive proof of

18  identification. The agency that furnishes a motor vehicle

19  registration record shall record the name and address of any

20  person other than a representative of a law enforcement agency

21  who requests and receives information from a motor vehicle

22  registration record and shall also record the name and address

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

24  information identifying the entity about which information is

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

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

27  information was released to the inquirer. Nothing in this

28  section shall prohibit any financial institution, insurance

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

30  attorney, or other agency which the department determines has

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

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  1  use only, information in such records from the department

  2  through any means of telecommunication pursuant to a code

  3  developed by the department providing all fees specified in

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

  5  records or information to the child support enforcement agency

  6  to assist in the location of individuals who owe or

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

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

  9  the Social Security Act.

10         Section 21.  Effective July 1, 2001, section 322.058,

11  Florida Statutes, is amended to read:

12         322.058  Suspension of driving privileges due to child

13  support delinquency.--

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

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

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

17  Florida under the provisions of this chapter has a delinquent

18  child support obligation or has failed to comply with a

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

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

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

22  motor vehicles owned by that person.

23         (2)  The department must reinstate the driving

24  privilege and allow registration of a motor vehicle when the

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

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

27  affidavit stating that:

28         (a)  The person has paid the delinquency;

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

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

31  cases; or

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

  2  the obligor ordering the reinstatement of the license and

  3  motor vehicle registration; or

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

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

  6         (3)  The department shall not be held liable for any

  7  license or vehicle registration suspension resulting from the

  8  discharge of its duties under this section.

  9         (4)  This section applies only to the annual renewal in

10  the owner's birth month of a motor vehicle registration and

11  does not apply to the transfer of a registration of a motor

12  vehicle sold by a motor vehicle dealer licensed under chapter

13  320, except for the transfer of registrations which is

14  inclusive of the annual renewals. This section does not affect

15  the issuance of the title to a motor vehicle, notwithstanding

16  s. 319.23(7)(b).

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

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

19         322.142  Color photographic or digital imaged

20  licenses.--

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

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

23  digital image and signature of the licensees, together with

24  other data required by the department for identification and

25  retrieval. Reproductions from the file or digital record shall

26  be made and issued only for departmental administrative

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

28  response to law enforcement agency requests, or to the

29  Department of Revenue pursuant to an interagency agreement to

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

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

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  1         Section 23.  Subsection (1) of section 328.42, Florida

  2  Statutes, is amended to read:

  3         328.42  Suspension or denial of a vessel registration

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

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

  6  renewal registrations to be screened by the Department of

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

  8  409.2598 to assure compliance with an obligation for support

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

10  compliance with a child support obligation. The purpose of

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

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

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

14  of any applicant found to have a delinquent child support

15  obligation. The department must issue or reinstate a

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

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

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

19  registration denial or suspension resulting from the discharge

20  of its duties under this section.

21         Section 24.  Subsections (7) and (10) of section

22  409.2554, Florida Statutes, are amended, and subsections (13)

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

24         409.2554  Definitions; ss. 409.2551-409.2598.--As used

25  in ss. 409.2551-409.2598, the term:

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

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

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

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

30  has an absent parent.

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

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  1         (a)  Child support, and, when the child-support

  2  obligation is being enforced by the Department of Revenue,

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

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

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

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

  7  has been established for that spouse and the child support

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

  9  Security Act; or

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

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

12  under the custody of someone other than the custodial parent

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

14  39.624.

15         (13)  "Undistributable collection" means a support

16  payment received by the department which the department

17  determines cannot be distributed to the final intended

18  recipient.

19         (14)  "Unidentifiable collection" means a payment

20  received by the department for which the noncustodial parent,

21  custodial parent, depository or circuit civil numbers, or

22  source of the payment cannot be identified.

23         Section 25.  Subsection (3) of section 409.2557,

24  Florida Statutes, is amended to read:

25         409.2557  State agency for administering child support

26  enforcement program.--

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

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

29  120.54 to implement all laws administered by the department in

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

31  including, but not limited to, the following:

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  1         (a)  Background screening of department employees and

  2  applicants, including criminal records checks;

  3         (b)  Confidentiality and retention of department

  4  records; access to records; record requests;

  5         (c)  Department trust funds;

  6         (d)  Federal funding procedures;

  7         (e)  Agreements with law enforcement and other state

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

  9  Parent Locator Service access;

10         (f)  Written agreements entered into between the

11  department and child support obligors in establishment,

12  enforcement, and modification proceedings;

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

14  programs, and demonstration projects;

15         (h)  Management of cases by the department involving

16  any documentation or procedures required by federal or state

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

18  adjustment; audits; interstate actions; diligent efforts for

19  service of process;

20         (i)  Department procedures for orders for genetic

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

22  increasing the amount of monthly obligations to secure

23  delinquent support; suspending or denying driver's and

24  professional licenses and certificates; fishing and hunting

25  license suspensions; suspending vehicle and vessel

26  registrations; screening applicants for new or renewal

27  licenses, registrations, or certificates; income deduction;

28  credit reporting and  accessing; tax refund intercepts;

29  passport denials; liens; financial institution data matches;

30  expedited procedures; medical support; and all other

31

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  1  responsibilities of the department as required by state or

  2  federal law;

  3         (j)  Collection and disbursement of child support and

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

  5  collection of genetic testing costs and other costs awarded by

  6  the court;

  7         (k)  Report information to and receive information from

  8  other agencies and entities;

  9         (l)  Provide location services, including accessing

10  from and reporting to federal and state agencies;

11         (m)  Privatizing location, establishment, enforcement,

12  modification, and other functions;

13         (n)  State case registry;

14         (o)  State disbursement unit; and

15         (p)  All other responsibilities of the department as

16  required by state or federal law.

17         Section 26.  Section 409.25575, Florida Statutes, is

18  amended to read:

19         409.25575  Child Support enforcement; privatization.--

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

21  the Department of Revenue to contract with private entities

22  for the provision of child support enforcement services

23  whenever such contracting is cost-effective.

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

25  administration, or management of child support enforcement

26  activities and other related services or programs, when

27  appropriate. The department shall retain responsibility for

28  the quality of contracted services and programs and shall

29  ensure that services are delivered in accordance with

30  applicable federal and state statutes and regulations.

31

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

  2  assurance program for the privatization of services. The

  3  quality assurance program must include standards for each

  4  specific component of these services. The department shall

  5  establish minimum thresholds for each component. Each program

  6  operated pursuant to contract must be evaluated annually by

  7  the department or by an objective competent entity designated

  8  by the department under the provisions of the quality

  9  assurance program. The evaluation must be financed from cost

10  savings associated with the privatization of services. The

11  department shall submit an annual report regarding quality

12  performance, outcome measure attainment, and cost efficiency

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

14  Representatives, the Minority leader of each house of the

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

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

17  financed through administrative savings generated by this act.

18         (b)  The department shall establish and operate a

19  comprehensive system to measure and report annually the

20  outcomes and effectiveness of the services that have been

21  privatized. The department shall use these findings in making

22  recommendations to the Governor and the Legislature for future

23  program and funding priorities in the child support

24  enforcement system.

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

26  enforcement services under this section must comply with all

27  statutory requirements and agency regulations in the provision

28  of contractual services.

29         (b)  Any entity contracting to provide child support

30  enforcement services under this section must also participate

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

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  1  the maximization of federal supports for these services, as

  2  directed by the department.

  3         Section 27.  Effective October 1, 2001, section

  4  409.2558, Florida Statutes, is amended to read:

  5         409.2558  Child Support distribution and

  6  disbursement.--

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

  8  distribute and disburse child support payments collected in

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

10  regulations adopted thereunder by the Secretary of the United

11  States Department of Health and Human Services.

12         (2)  UNDISTRIBUTABLE COLLECTIONS.--

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

14  for determining a collection or refund to a noncustodial

15  parent to be undistributable to the final intended recipient.

16         (b)  Collections that are determined to be

17  undistributable shall be processed in the following order of

18  priority:

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

20  custodial parent's case; then

21         2.  Apply the payment to any administrative costs

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

23  the custodial parent's case; then

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

25  order to support other children in another case with a

26  different custodial parent and the obligation is being

27  enforced by the department, the department shall, with the

28  noncustodial parent's permission, apply the payment towards

29  his or her other support obligation; then

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

31

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  1         5.  If the noncustodial parent cannot be located after

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

  3  payment shall be credited to the Federal Government and the

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

  5         (c)  Refunds to noncustodial parents that are

  6  determined to be undistributable shall be processed in the

  7  following manner:

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

  9  the Federal Government.

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

11  Revenue Fund.

12         (3)  UNIDENTIFIABLE COLLECTIONS.--

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

14  for determining a collection to be unidentifiable.

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

16  federal share of unidentifiable collections shall be credited

17  to the Federal Government and the state share shall be

18  transferred to the General Revenue Fund.

19         (4)  RECLAIMING COLLECTIONS DECLARED TO BE

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

21  undistributable or unidentifiable collection that has been

22  transferred to the Federal Government and to the General

23  Revenue Fund in the relevant method above becomes

24  distributable or identified, meaning either the noncustodial

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

26  department shall retrieve the transferred moneys in the

27  following manner:

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

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

30  been transferred; and

31

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

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

  3  which had been transferred to the General Revenue Fund.

  4

  5  The collection shall then be processed, as appropriate.

  6         (5)(2)  RECONSIDERATION OF DISTRIBUTION AND

  7  DISBURSEMENT.--A recipient of collection and distribution

  8  services of the department's Child Support Enforcement Program

  9  may request a reconsideration by the department concerning the

10  amount collected, the date collected, the amount distributed,

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

12  department shall establish by rule a reconsideration procedure

13  for informal review of agency action in distributing and

14  disbursing child support payments collected by the department.

15  The procedures must provide the recipients of services with an

16  opportunity to review the department's actions before a

17  hearing is requested under chapter 120.

18         (6)(3)  OVERPAYMENT.--If the department's records

19  indicate that a child support obligee has received an

20  overpayment of child support from the department due to either

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

22  the overpayment. The department may establish by rule a

23  procedure to recover overpayments.

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

25  rules to administer this section. The department shall provide

26  a draft of the proposed concepts for the rule for the

27  undistributable collections to interested parties for review

28  and recommendations prior to full development of the rule and

29  initiating the formal rule-development process. The department

30  shall consider but is not required to implement the

31  recommendations. The department shall provide a report to the

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  1  President of the Senate and the Speaker of the House of

  2  Representatives containing the recommendations received from

  3  interested parties and the department's response regarding

  4  incorporating the recommendations into the rule.

  5         Section 28.  Subsections (1), (2), (3), and (5) of

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

  7         409.2561  Child Support obligations when public

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

  9  and health insurance information.--

10         (1)  Any payment of temporary cash or Title IV-E public

11  assistance money made to, or for the benefit of, any dependent

12  child creates an obligation in an amount determined pursuant

13  to the child support guidelines. In accordance with 42 U.S.C.

14  s. 657, the state shall retain amounts collected only to the

15  extent necessary to reimburse amounts paid to the family as

16  assistance by the state. Such amounts collected shall be

17  deposited into the General Revenue Fund up to the level

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

19  or final judgment of dissolution of marriage establishing an

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

21  provided by such court order or decree. The extraordinary

22  remedy of contempt is applicable in child support enforcement

23  cases because of the public necessity for ensuring that

24  dependent children be maintained from the resources of their

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

26  presently borne by the general citizenry through the public

27  assistance program. If there is no prior court order

28  establishing an obligation of support, the court shall

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

30  the child support guidelines. The department may apply for

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

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

  2  compromise actions brought pursuant to law.

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

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

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

  6  recipient may be owed:

  7         1.  From any other person up to the amount of temporary

  8  cash assistance or Title IV-E public assistance paid where no

  9  court order has been entered, or where there is a court order

10  it is limited to the amount provided by such court order;

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

12  another family member for whom the recipient is receiving

13  temporary cash or Title IV-E assistance; and

14         3.  At the time that the assignment becomes effective

15  by operation of law.

16         (b)  The recipient of public assistance appoints the

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

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

19  the establishment of paternity or the establishment,

20  modification, or enforcement of support obligations,

21  including, but not limited to:

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

23  negotiable instrument representing support payments which are

24  received on behalf of the dependent child as reimbursement for

25  the public assistance moneys previously or currently paid;

26         2.  Compromising claims;

27         3.  Pursuing the establishment or modification of

28  support obligations;

29         4.3.  Pursuing civil and criminal enforcement of

30  support obligations; and

31

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  1         5.4.  Executing verified complaints for the purpose of

  2  instituting an action for the determination of paternity of a

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

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

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

  6  control of the child to prosecute or maintain any support

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

  8  equitable, or administrative remedy existing under the laws of

  9  the state to obtain reimbursement of temporary cash assistance

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

11  paid.

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

13  assignment in effect pursuant to this section:

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

15  information for Medicaid recipients and applicants for

16  Medicaid and provide this information to the state Medicaid

17  agency for third-party liability purposes.

18         (b)  When the obligor receives health insurance

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

20  provide health insurance policy information, including any

21  information available about the health insurance policy which

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

23  maintenance or preferred provider organization, service to be

24  provided, to the state Medicaid agency.

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

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

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

28  notified within 30 days when such coverage is discontinued.

29         (d)  Entities providing health insurance as defined in

30  s. 624.603 and health maintenance organizations and prepaid

31  health clinics as defined in chapter 641 shall provide such

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  1  records and information as is necessary to accomplish the

  2  purpose of this subsection, unless such requirement results in

  3  an unreasonable burden.

  4         (e)  Upon the state Medicaid agency receiving notice

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

  6  discontinued due to cancellation or other means, the Medicaid

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

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

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

10  enforcement.

11         Section 29.  Section 409.2563, Florida Statutes, is

12  created to read:

13         409.2563  Pilot program for administrative

14  establishment of child-support obligations.--

15         (1)  DEFINITIONS.--As used in this section, the term:

16         (a)  "Administrative support order" means a final order

17  rendered by or on behalf of the department pursuant to this

18  section establishing or modifying the obligation of a

19  noncustodial parent to contribute to the support and

20  maintenance of his or her child or children, which may include

21  provisions for monetary support, retroactive support, health

22  care, and other elements of support pursuant to chapter 61.

23         (b)  "Caretaker relative" has the same meaning ascribed

24  in s. 414.0252(11).

25         (c)  "Filed" means a document has been received and

26  accepted for filing at the offices of the department by the

27  clerk or any authorized deputy clerk of the department. The

28  date of filing must be indicated on the face of the document

29  by the clerk or deputy clerk.

30         (d)  "Rendered" means that a signed written order is

31  filed with the clerk or any deputy clerk of the department.

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  1  The date of filing must be indicated on the face of the order

  2  at the time of rendition.

  3         (e)  "Title IV-D case" means a case or proceeding in

  4  which the department is providing child-support services

  5  within the scope of Title IV-D of the Social Security Act, 42

  6  U.S.C. ss. 651 et seq.

  7         (f)  "Retroactive support" means a child-support

  8  obligation established pursuant to s. 61.30(17).

  9

10  Other terms used in this section have the meanings ascribed in

11  ss. 409.2554 and 61.046.

12         (2)  PURPOSE AND SCOPE.--

13         (a)  It is not the Legislature's intent to limit the

14  jurisdiction of the circuit courts to hear and determine

15  issues regarding child support. This section is intended to

16  provide the department with an alternative procedure for

17  establishing child-support obligations in Title IV-D cases in

18  a fair and expeditious manner when there is no court order of

19  support.

20         (b)  The administrative procedure set forth in this

21  section concerns only the establishment of child-support

22  obligations. This section does not grant jurisdiction to the

23  department or the Division of Administrative Hearings to hear

24  or determine issues of dissolution of marriage, separation,

25  alimony or spousal support, termination of parental rights,

26  dependency, disputed paternity, award of or change of custody,

27  or visitation. This paragraph notwithstanding, the department

28  and the Division of Administrative Hearings may make findings

29  of fact which are necessary for a proper determination of a

30  noncustodial parent's support obligation as authorized by this

31  section.

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  1         (c)  If there is no support order for a child in a

  2  Title IV-D case whose paternity has been established or is

  3  presumed by law, the department may establish a noncustodial

  4  parent's child-support obligation pursuant to this section, s.

  5  61.30, and other relevant provisions of state law. The

  6  noncustodial parent's obligation determined by the department

  7  may include any obligation to pay retroactive support and any

  8  obligation to provide for health care for a child, whether

  9  through insurance coverage, reimbursement of expenses, or

10  both. The department may proceed on behalf of:

11         1.  An applicant or recipient of public assistance, as

12  provided by ss. 409.2561 and 409.2567;

13         2.  A former recipient of public assistance, as

14  provided by s. 409.2569;

15         3.  An individual who has applied for services as

16  provided by s. 409.2567;

17         4.  Itself or the child, as provided by s. 409.2561; or

18         5.  A state or local government of another state, as

19  provided by chapter 88.

20         (d)  Either parent, or a caretaker relative if

21  applicable, may at any time file a civil action in a circuit

22  court having jurisdiction and proper venue to determine the

23  noncustodial parent's child support obligations, if any. A

24  support order issued by a circuit court prospectively

25  supersedes an administrative support order rendered by the

26  department.

27         (3)  JURISDICTION OVER NONRESIDENTS.--The department

28  may use the procedures authorized by this section to establish

29  a child-support obligation against a nonresident over whom the

30  state may assert personal jurisdiction under chapter 48 or

31  chapter 88.

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  1         (4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE

  2  SUPPORT ORDER.--To commence a proceeding under this section,

  3  the department shall provide to the custodial parent and serve

  4  the noncustodial parent with a notice of proceeding to

  5  establish administrative support order and a blank financial

  6  affidavit form. The notice must state:

  7         (a)  The names of both parents, the name of the

  8  caretaker relative, if any, and the name and date of birth of

  9  the child or children;

10         (b)  That the department intends to establish an

11  administrative support order as defined in this section;

12         (c)  That both parents must submit a completed

13  financial affidavit to the department within 20 days after

14  receiving the notice, as provided by paragraph (13)(a);

15         (d)  That both parents, or parent and caretaker

16  relative if applicable, are required to furnish to the

17  department information regarding their identities and

18  locations, as provided by paragraph (13)(b);

19         (e)  That both parents, or parent and caretaker

20  relative if applicable, are required to promptly notify the

21  department of any change in their mailing addresses to ensure

22  receipt of all subsequent pleadings, notices, and orders, as

23  provided by paragraph (13)(c);

24         (f)  That the department will calculate support

25  obligations based on the child-support guidelines in s. 61.30

26  and using all available information, as provided by paragraph

27  (5)(a), and will incorporate such obligations into a proposed

28  administrative support order;

29         (g)  That the department will send by regular mail to

30  both parents, or parent and caretaker relative if applicable,

31  a copy of the proposed administrative support order, the

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  1  department's child-support worksheet, and any financial

  2  affidavits submitted by a parent or prepared by the

  3  department;

  4         (h)  That the noncustodial parent may file a request

  5  for a hearing in writing within 20 days after the date of

  6  mailing or other service of the proposed administrative

  7  support order or will be deemed to have waived the right to

  8  request a hearing;

  9         (i)  That if the noncustodial parent does not file a

10  timely request for hearing after service of the proposed

11  administrative support order, the department will issue an

12  administrative support order that incorporates the findings of

13  the proposed administrative support order, and will send by

14  regular mail a copy of the administrative support order to

15  both parents, or parent and caretaker relative if applicable;

16         (j)  That after an administrative support order is

17  rendered, the department will file a copy of the order with

18  the clerk of the circuit court;

19         (k)  That after an administrative support order is

20  rendered, the department may enforce the administrative

21  support order by any lawful means; and

22         (l)  That either parent, or caretaker relative if

23  applicable, may file at any time a civil action in a circuit

24  court having jurisdiction and proper venue to determine the

25  noncustodial parent's child-support obligations, if any, and

26  that a support order issued by a circuit court supersedes an

27  administrative support order rendered by the department.

28

29  The department may serve the notice of proceeding to establish

30  administrative support order by certified mail, return receipt

31  requested. Alternatively, the department may serve the notice

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  1  by any means permitted for service of process in a civil

  2  action. For purposes of this section, an authorized employee

  3  of the department may serve the notice and execute an

  4  affidavit of service. Service by certified mail is completed

  5  when the certified mail is received or refused. The department

  6  shall provide the custodial parent or caretaker relative with

  7  a copy of the notice by regular mail to the last known address

  8  of the custodial parent or caretaker.

  9         (5)  PROPOSED ADMINISTRATIVE SUPPORT ORDER.--

10         (a)  After serving notice upon the noncustodial parent

11  in accordance with subsection (4), the department shall

12  calculate the noncustodial parent's child-support obligation

13  under the child-support guidelines as provided by s. 61.30,

14  based on any timely financial affidavits received and other

15  information available to the department. If either parent

16  fails to comply with the requirement to furnish a financial

17  affidavit, the department may proceed on the basis of

18  information available from any source, if such information is

19  sufficiently reliable and detailed to allow calculation of

20  guideline amounts under s. 61.30. If the custodial parent

21  receives public assistance and fails to submit a financial

22  affidavit, the department may submit a financial affidavit for

23  the custodial parent pursuant to s. 61.30(15). If there is a

24  lack of sufficient reliable information concerning a parent's

25  actual earnings for a current or past period, it shall be

26  presumed for the purpose of establishing a support obligation

27  that the parent had an earning capacity equal to the federal

28  minimum wage during the applicable period.

29         (b)  The department shall send by regular mail to both

30  parents, or to a parent and caretaker relative if applicable,

31  copies of the proposed administrative support order, its

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  1  completed child-support worksheet, and any financial

  2  affidavits submitted by a parent or prepared by the

  3  department. The proposed administrative support order must

  4  contain the same elements as required for an administrative

  5  support order under paragraph (7)(e).

  6         (c)  The department shall provide a notice of rights

  7  with the proposed administrative support order, which notice

  8  must inform the noncustodial parent that:

  9         1.  The noncustodial parent may, within 20 days after

10  the date of mailing or other service of the proposed

11  administrative support order, request a hearing by filing a

12  written request for hearing in a form and manner specified by

13  the department;

14         2.  If the noncustodial parent files a timely request

15  for a hearing, the case shall be transferred to the Division

16  of Administrative Hearings, which shall conduct further

17  proceedings and may enter an administrative support order;

18         3.  A noncustodial parent who fails to file a timely

19  request for a hearing shall be deemed to have waived the right

20  to a hearing, and the department may render an administrative

21  support order pursuant to paragraph (7)(b);

22         4.  The noncustodial parent may consent in writing to

23  entry of an administrative support order without a hearing;

24         5.  The noncustodial parent may, within 10 days after

25  the date of mailing or other service of the proposed

26  administrative support order, contact a department

27  representative, at the address or telephone number specified

28  in the notice, to informally discuss the proposed

29  administrative support order and, if informal discussions are

30  requested and held within a reasonable time, the time for

31  requesting a hearing will be extended until 10 days after the

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  1  department notifies the noncustodial parent that the informal

  2  discussions have been concluded; and

  3         6.  If an administrative support order that establishes

  4  a noncustodial parent's support obligation is rendered,

  5  whether after a hearing or without a hearing, the department

  6  may enforce the administrative support order by any lawful

  7  means.

  8         (d)  If, after serving the proposed administrative

  9  support order but before a final administrative support order

10  is rendered, the department receives additional information

11  that makes it necessary to amend the proposed administrative

12  support order, it shall prepare an amended proposed

13  administrative support order, with accompanying amended

14  child-support worksheets and other material necessary to

15  explain the changes, and follow the same procedures set forth

16  in paragraphs (b) and (c).

17         (6)  HEARING.--If the noncustodial parent files a

18  timely request for hearing, the department shall refer the

19  hearing request to the Division of Administrative Hearings.

20  Unless otherwise provided by this section, chapter 120 and the

21  division's uniform rules shall govern the conduct of the

22  proceedings. The administrative law judge shall consider all

23  available and admissible information, and any presumptions

24  that apply as provided by paragraph (5)(a). A designated

25  employee or other representative of the department, who need

26  not be an attorney, may represent the department as a

27  qualified representative at the hearing.

28         (7)  ADMINISTRATIVE SUPPORT ORDER.--

29         (a)  If a hearing is held, notwithstanding ss. 120.569

30  and 120.57, the administrative law judge of the Division of

31  Administrative Hearings shall issue an administrative support

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  1  order, or a final order denying an administrative support

  2  order, which constitutes final agency action by the

  3  department. The Division of Administrative Hearings shall

  4  transmit any such order to the department for filing and

  5  indexing.

  6         (b)  If the noncustodial parent does not file a timely

  7  request for a hearing, the noncustodial parent will be deemed

  8  to have waived the right to request a hearing.

  9         (c)  If the noncustodial parent waives the right to a

10  hearing, or consents in writing to the entry of an order

11  without a hearing, the department may render an administrative

12  support order.

13         (d)  The department shall send by regular mail a copy

14  of the administrative support order, or the final order

15  denying an administrative support order, to both parents, or a

16  parent and caretaker relative if applicable. The noncustodial

17  parent shall be notified of the right to seek judicial review

18  of the administrative support order in accordance with s.

19  120.68.

20         (e)  An administrative support order must comply with

21  s. 61.30. The department, after consultation with the Division

22  of Administrative Hearings and the chief judge of the circuit

23  in which the pilot program is located, shall develop a

24  standard form or forms for administrative support orders. An

25  administrative support order must provide and state findings,

26  if applicable, concerning:

27         1.  The full name and date of birth of the child or

28  children;

29         2.  The name of the noncustodial parent and the

30  custodial parent or caretaker relative;

31

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  1         3.  The noncustodial parent's duty and ability to

  2  provide support;

  3         4.  The amount of the noncustodial parent's monthly

  4  support obligation for each child;

  5         5.  Any obligation to pay retroactive support;

  6         6.  The noncustodial parent's obligation to provide for

  7  the health care needs of each child, whether through insurance

  8  coverage, contribution towards the cost of insurance coverage,

  9  payment or reimbursement of health care expenses for the

10  child, or any combination thereof;

11         7.  The beginning date of any required monthly payments

12  and health care coverage;

13         8.  That all support payments ordered must be paid to

14  the Florida State Disbursement Unit as provided by s. 61.1824;

15         9.  That the parents, or caretaker relative if

16  applicable, must file with the department when the

17  administrative support order is rendered, if they have not

18  already done so, and update as appropriate the information

19  required pursuant to paragraph (13)(b); and

20         10.  That both parents, or parent and caretaker

21  relative if applicable, are required to promptly notify the

22  department of any change in their mailing addresses pursuant

23  to paragraph (13)(c).

24

25  An income-deduction order as provided by s. 61.1301 must be

26  incorporated into the administrative support order or, if not

27  incorporated into the administrative support order, the

28  department shall render a separate income-deduction order.

29         (8)  FILING WITH THE CLERK OF THE CIRCUIT COURT;

30  OFFICIAL PAYMENT RECORD; JUDGMENT BY OPERATION OF LAW.--The

31  department shall file with the clerk of the circuit court a

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  1  certified copy of an administrative support order rendered

  2  under this section. The depository operated pursuant to s.

  3  61.181 for the county where the administrative support order

  4  has been filed shall:

  5         (a)  Act as the official recordkeeper for payments

  6  required under the administrative support order;

  7         (b)  Establish and maintain the necessary payment

  8  accounts;

  9         (c)  Upon a delinquency, initiate the judgment by

10  operation of law procedure as provided by s. 61.14(6); and

11         (d)  Perform all other duties required of a depository

12  with respect to a support order entered.

13         (9)  COLLECTION ACTION; ENFORCEMENT.--

14         (a)  The department may implement an income-deduction

15  notice immediately upon rendition of an income-deduction

16  order, whether it is incorporated in the administrative

17  support order or rendered separately.

18         (b)  The department may initiate other collection

19  action 15 days after the date an administrative support order

20  is rendered under this section.

21         (c)  In a subsequent proceeding to enforce an

22  administrative support order, notice of the proceeding that is

23  sent by regular mail to the person's address of record

24  furnished to the department constitutes adequate notice of the

25  proceeding pursuant to paragraph (13)(c).

26         (d)  An administrative support order rendered under

27  this section, until modified by the department or superseded

28  by a court order, may be enforced:

29         1.  In any manner permitted for enforcement of a

30  support order issued by a court of this state, except for

31  contempt; or

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  1         2.  Pursuant to s. 120.69.

  2         (10)  JUDICIAL REVIEW, ENFORCEMENT, OR COURT ORDER

  3  SUPERSEDING ADMINISTRATIVE SUPPORT ORDER.--

  4         (a)  A noncustodial parent has the right to seek

  5  judicial review of an administrative support order or a final

  6  order denying an administrative support order in accordance

  7  with s. 120.68. The department has the right to seek judicial

  8  review, in accordance with s. 120.68, of an administrative

  9  support order or a final order denying an administrative

10  support order entered by an administrative law judge of the

11  Division of Administrative Hearings.

12         (b)  An administrative support order rendered under

13  this section may be enforced by any circuit court in the same

14  manner as a support order issued by the court, except for

15  contempt. If the circuit court issues its own order based on

16  the administrative support order, the circuit court may

17  enforce its own order by contempt. Enforcement by the court,

18  without any change by the court in the support obligations

19  established in the administrative support order, does not

20  supersede the administrative support order or affect the

21  department's authority to modify the administrative support

22  order as provided by subsection (12).

23         (c)  A circuit court of this state, where venue is

24  proper and the court has jurisdiction of the parties, may

25  enter an order prospectively changing the support obligations

26  established in an administrative support order, in which case

27  the administrative support order is superseded and the court's

28  order shall govern future proceedings in the case. Any unpaid

29  support owed under the superseded administrative support order

30  may not be changed by the circuit court, but remains

31  enforceable by the department, by the obligee, or by the

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  1  court. In all cases in which an administrative support order

  2  is superseded, the court shall determine the amount of any

  3  unpaid support owed under the administrative support order and

  4  shall include the amount as arrearage in its superseding

  5  order.

  6         (11)  EFFECTIVENESS OF ADMINISTRATIVE SUPPORT

  7  ORDER.--An administrative support order rendered under this

  8  section remains in effect until modified by the department,

  9  vacated on appeal, or superseded by a subsequent court order.

10  If the department closes a Title IV-D case in which an

11  administrative support order has been rendered:

12         (a)  The department shall take no further action to

13  enforce or modify the administrative support order;

14         (b)  The administrative support order remains effective

15  until superseded by a subsequent court order; and

16         (c)  The administrative support order may be enforced

17  by the obligee by any means provided by law.

18         (12)  MODIFICATION OF ADMINISTRATIVE SUPPORT ORDER.--If

19  it has not been superseded by a subsequent court order, the

20  department may modify an administrative support order in a

21  Title IV-D case prospectively, subject to the requirements for

22  modifications of judicial support orders established in

23  chapters 61 and 409, by following the same procedures set

24  forth in this section for establishing an administrative

25  support order, as applicable.

26         (13)  REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT

27  TO ADDRESS OF RECORD.--In all proceedings pursuant to this

28  section:

29         (a)  The noncustodial parent and custodial parent must

30  execute and furnish to the department, no later than 20 days

31  after receipt of the notice of proceeding to establish

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  1  administrative support order, a financial affidavit in the

  2  form prescribed in the Florida Family Law Rules of Procedure.

  3  An updated financial affidavit must be executed and furnished

  4  to the department at the inception of each proceeding to

  5  modify an administrative support order. Caretaker relatives

  6  are not required to furnish financial affidavits.

  7         (b)  The noncustodial parent, custodial parent, and

  8  caretaker relative if applicable, shall disclose to the

  9  department, no later than 20 days after receipt of the notice

10  of proceeding to establish administrative support order, and

11  update as appropriate, information regarding their identities

12  and locations, including names they are known by; social

13  security numbers; residential and mailing addresses; telephone

14  numbers; driver's license numbers; and names, addresses, and

15  telephone numbers of employers. Pursuant to the federal

16  Personal Responsibility and Work Opportunity Reconciliation

17  Act of 1996, each person must provide his or her social

18  security number in accordance with this section. Disclosure of

19  social security numbers obtained through this requirement

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

21  IV-D program for child-support enforcement.

22         (c)  The noncustodial parent, custodial parent, and

23  caretaker relative, if applicable, have a continuing

24  obligation to promptly inform the department in writing of any

25  change in their mailing addresses to ensure receipt of all

26  subsequent pleadings, notices, payments, statements, and

27  orders, and receipt is presumed if sent by regular mail to the

28  most recent address furnished by the person.

29         (14)  JUDICIAL PLEADINGS AND MOTIONS.--A party to any

30  subsequent judicial proceeding concerning the support of the

31  same child or children shall affirmatively plead the existence

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  1  of, and furnish the court with a correct copy of, an

  2  administrative support order rendered under this section, and

  3  shall provide the department with a copy of the initial

  4  pleading. The department may intervene as a matter of right in

  5  any such judicial proceeding involving issues within the scope

  6  of the Title IV-D case.

  7         (15)  PROVISIONS SUPPLEMENTAL TO EXISTING LAW.--This

  8  section does not limit or negate the department's authority to

  9  seek establishment of child-support obligations under any

10  other applicable law.

11         (16)  RULEMAKING AUTHORITY.--The department may adopt

12  rules to administer this section.

13         (17)  PILOT PROGRAM.--For the purpose of identifying

14  measurable outcomes, the pilot program shall be located in a

15  county selected by the Department of Revenue having a

16  population of fewer than 500,000 in which the Title IV-D

17  caseload did not exceed 20,000 cases and the obligation rate

18  was approximately 65 percent at the end of the 1999-2000

19  fiscal year. The Department of Revenue shall develop

20  measurable outcomes that at a minimum consist of the

21  department's support order establishment performance measures

22  that are applicable to this pilot program, a measure of the

23  effectiveness of the pilot program in establishing support

24  orders as compared to the judicial process, and a measure of

25  the cost-efficiency of the pilot program as compared to the

26  judicial process.  The Department of Revenue and the Division

27  of Administrative Hearings shall implement the pilot program

28  established by this section on July 1, 2001, or as soon

29  thereafter as practicable. The department shall use the

30  procedures of this section to establish support obligations in

31  Title IV-D cases on behalf of custodial parents or caretaker

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  1  relatives residing in the county selected for the pilot

  2  program. The Office of Program Policy Analysis and Government

  3  Accountability shall conduct an evaluation of the

  4  establishment, operation, and impact of the pilot program. In

  5  evaluating the pilot program, achievement of the measurable

  6  outcomes must be considered.  By January 31, 2003, the

  7  Department of Revenue shall submit a preliminary evaluation

  8  report of the results of the pilot program to the Governor and

  9  Cabinet, the President of the Senate, and the Speaker of the

10  House of Representatives. A final evaluation report on the

11  pilot program shall be submitted by January 31, 2004, which

12  must include the findings of the evaluation, the feasibility

13  of a statewide program, and recommendations, if any, for

14  establishing a statewide program. The pilot program expires

15  June 30, 2004, unless continued by action of the Legislature.

16         Section 30.  Paragraph (a) of subsection (8) and

17  subsections (10), (11), and (12) of section 409.2564, Florida

18  Statutes, are amended to read:

19         409.2564  Actions for support.--

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

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

22  financial and other information necessary to establish,

23  modify, or enforce a child support order.

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

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

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

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

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

29  oaths or affirmations, subpoena witnesses and compel their

30  attendance, take evidence and require the production of any

31  matter which is relevant to the child support enforcement

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

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

  3  tangible things and the identity and location of persons

  4  having knowledge of relevant facts or any other matter

  5  reasonably calculated to lead to the discovery of material

  6  evidence.

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

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

  9  monthly child support obligation to include amounts for

10  delinquencies, subject to such conditions or limitations as

11  set forth in paragraph (b).

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

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

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

15  require an additional 20 percent of the monthly obligation

16  amount to allow for collection of the delinquency unless,

17  within 20 days, the obligor:

18         1.  Pays the delinquency in full; or

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

20  the delinquency action.

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

22  limitation of an individual's United States passport,

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

24  shall have procedures to certify to the Secretary of the

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

26  format and accompanied by such supporting documentation as the

27  secretary may require, a determination that an individual owes

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

29  Said procedures shall provide that the individual be given

30  notice of the determination and of the consequence thereof and

31

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  1  that the individual shall be given an opportunity to contest

  2  the accuracy of the determination.

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

  4  support orders in IV-D cases at least every 3 years upon

  5  request by either party, or the agency in cases where there is

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

  7  may seek adjustment of the order if appropriate under the

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

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

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

11  a review and, if appropriate, an adjustment of the

12  child-support support order. Said notice requirement may be

13  met by including appropriate language in the initial support

14  order or any subsequent orders.

15         Section 31.  Effective July 1, 2001, section 409.25645,

16  Florida Statutes, is amended to read:

17         409.25645  Administrative orders for genetic

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

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

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

21  administrative order to a putative father who has not

22  voluntarily submitted to genetic testing, directing him to

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

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

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

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

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

28  child. The administrative order shall state:

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

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

31  genetic test.

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

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

  3  in circuit court to establish paternity and child support.

  4

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

  6  basis for the issuance of the administrative order shall be

  7  attached to the order.  The administrative order is exempt

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

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

10  circuit court in the event the department pursues the matter

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

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

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

14  father has been identified, the department may proceed under

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

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

17  agency to assist in the establishment of paternity, the

18  department may cause an administrative order to appear for a

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

20  Florida.

21         Section 32.  Section 409.2565, Florida Statutes, is

22  amended to read:

23         409.2565  Publication of delinquent obligors.--For

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

25  department may compile and make available for publication a

26  listing of cases in which payment of the child support

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

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

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

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

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

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  1  give prior notice to the obligor of the publication and

  2  listing of cases.

  3         Section 33.  Subsection (1) and paragraph (a) of

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

  5  amended to read:

  6         409.25656  Garnishment.--

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

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

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

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

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

12  under their control any credits or personal property,

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

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

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

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

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

18  other personal property, or debts until the executive director

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

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

21  obligor contests the intended levy in the circuit court or

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

23  in effect until final disposition of that circuit court or

24  chapter 120 action.  Any financial institution receiving such

25  notice will maintain a right of setoff for any transaction

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

27  receipt of such notice.

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

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

30  respect to any past due or overdue child support obligation

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

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

  2  levy.

  3         Section 34.  Effective July 1, 2001, subsection (8) of

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

  5         409.25656  Garnishment.--

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

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

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

  9  obligor may file a petition under the applicable provisions of

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

11  120 to contest the notice of intent to levy, an action

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

13  circuit court, and judicial review is exclusively limited to

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

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

16  brought under chapter 120.

17         Section 35.  Subsection (5) of section 409.25657,

18  Florida Statutes, is amended to read:

19         409.25657  Requirements for financial institutions.--

20         (5)  Any financial records obtained pursuant to this

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

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

23  child support obligation of such individual.

24         Section 36.  Section 409.25658, Florida Statutes, is

25  amended to read:

26         409.25658  Use of unclaimed property for past due child

27  support.--

28         (1)  In a joint effort to facilitate the collection and

29  payment of past due child support, the Department of Revenue,

30  in cooperation with the Department of Banking and Finance,

31  shall identify persons owing child support collected through a

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  1  court who are presumed to have abandoned property held by the

  2  Department of Banking and Finance.

  3         (2)  The department shall periodically provide the

  4  Department of Banking and Finance with an electronic file of

  5  child support obligors who owe past due child support. The

  6  Department of Banking and Finance shall conduct a data match

  7  of the file against all apparent owners of abandoned property

  8  under chapter 717 and provide the resulting match list to the

  9  department.

10         (3)  Upon receipt of the data match list, the

11  department shall provide to the Department of Banking and

12  Finance the obligor's last known address. The Department of

13  Banking and Finance shall follow the notification procedures

14  under s. 717.118.

15         (4)  Prior to paying an obligor's approved claim, the

16  Department of Banking and Finance shall notify the department

17  that such claim has been approved. Upon confirmation that the

18  Department of Banking and Finance has approved the claim, the

19  department shall immediately send a notice by certified mail

20  to the obligor, with a copy to the Department of Banking and

21  Finance, advising the obligor of the department's intent to

22  intercept the approved claim up to the amount of the past due

23  child support, and informing the obligor of the obligor's

24  right to request a hearing under chapter 120. The Department

25  of Banking and Finance shall retain custody of the property

26  until a final order has been entered and any appeals thereon

27  have been concluded. If the obligor fails to request a

28  hearing, the department shall enter a final order instructing

29  the Department of Banking and Finance to transfer to the

30  department the property in the amount stated in the final

31  order. Upon such transfer, the Department of Banking and

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  1  Finance shall be released from further liability related to

  2  the transferred property.

  3         (5)  The provisions of this section provide a

  4  supplemental remedy, and the department may use this remedy in

  5  conjunction with any other method of collecting child support.

  6         Section 37.  Section 409.2567, Florida Statutes, is

  7  amended to read:

  8         409.2567  Services to individuals not otherwise

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

10  department shall be made available on behalf of all dependent

11  children. Services shall be provided upon acceptance of public

12  assistance or upon proper application filed with the

13  department. The department shall adopt rules to provide for

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

15  is not a public assistance recipient. The application fee

16  shall be deposited in the Child Support Enforcement

17  Application and Program Revenue Trust Fund within the

18  Department of Revenue to be used for the Child Support

19  Enforcement Program. The obligor is responsible for all

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

21  shall order payment of administrative costs without requiring

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

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

24  attorney-client relationship exists only between the

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

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

27  cases that the attorney represents the agency and not the

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

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

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

31  court, shall be assessed only against the nonprevailing

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  1  obligor after the court makes a determination of the

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

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

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

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

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

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

  8  department shall submit a monthly report to the Governor and

  9  the chairs of the Health and Human Services Fiscal Committee

10  of the House of Representatives and the Ways and Means

11  Committee of the Senate specifying the funds identified for

12  collection from the noncustodial parents of children receiving

13  temporary assistance and the amounts actually collected.

14         Section 38.  Paragraph (i) of subsection (1) and

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

16  are amended, and subsection (5) is added to that section, to

17  read:

18         409.2572  Cooperation.--

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

20  assistance for a dependent child shall cooperate with the

21  department or a program attorney in:

22         (i)  Paying to the department any child support

23  received from the obligor after the assignment is effective.

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

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

26  staff of the Department of Children and Family Services acts

27  of noncooperation by applicants or recipients of public cash

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

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

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

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

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  1  attorney, or a prosecuting attorney in the course of

  2  administering this chapter shall be sanctioned by the

  3  Department of Children and Family Services pursuant to chapter

  4  414 and is ineligible to receive public assistance until such

  5  time as the department determines cooperation has been

  6  satisfactory.

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

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

  9  recipient of public assistance for a dependent child has good

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

11  required by this section.

12         (5)  As used in this section only, the term "applicant

13  for or recipient of public assistance for a dependent child"

14  refers to such applicants and recipients of public assistance

15  as defined in s. 409.2554(7), with the exception of applicants

16  for or recipients of Medicaid solely for the benefit of a

17  dependent child.

18         Section 39.  Subsection (1) of section 409.2578,

19  Florida Statutes, is amended to read:

20         409.2578  Access to employment information;

21  administrative fine.--

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

23  establishing a child-support obligation, or enforcing a child

24  support obligation, all persons in this state, including

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

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

27  for information concerning an individual employee of such

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

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

30  designee information on the employment, compensation, and

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

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

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

  3  of modifying a child support obligation after an unsuccessful

  4  attempt to obtain the information from either party.  The

  5  information requested shall be provided within 30 days of

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

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

  8  its request.

  9         Section 40.  Subsections (1) and (2) of section

10  409.2579, Florida Statutes, are amended to read:

11         409.2579  Safeguarding Title IV-D case file

12  information.--

13         (1)  Information concerning applicants for or

14  recipients of Title IV-D child support services is

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

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

17  is limited to purposes directly connected with:

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

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

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

21  Title XX; or under the supplemental security income program

22  established under Title XVI of the Social Security Act;

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

24  civil proceeding connected with the administration of any such

25  plan or program;

26         (c)  The administration of any other federal or

27  federally assisted program which provides service or

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

29  basis of need;

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

31  information on known or suspected instances of physical or

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

  2  negligent treatment or maltreatment of a child who is the

  3  subject of a child support enforcement activity under

  4  circumstances which indicate that the child's health or

  5  welfare is threatened thereby; and

  6         (e)  Mandatory disclosure of identifying and location

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

  8  when providing Title IV-D services.

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

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

11  committee thereof, any information that identifies by name or

12  address an applicant or recipient of child support services.

13         Section 41.  Section 409.2591, Florida Statutes, is

14  repealed.

15         Section 42.  Subsection (2) of section 409.2594,

16  Florida Statutes, is amended to read:

17         409.2594  Record requirements.--The department shall

18  keep the records necessary to evaluate the effectiveness of

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

20         (2)  The amount of money generated through the

21  collection of child support of dependent children.

22         Section 43.  Subsections (1), (2), and (3) of section

23  409.2598, Florida Statutes, are amended to read:

24         409.2598  Suspension or denial of new or renewal

25  licenses; registrations; certifications.--

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

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

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

29  certificate issued under chapter 231, chapter 370, chapter

30  372, chapter 409, chapter 455, chapter 456, chapter 559, s.

31  328.42, or s. 597.010 of any obligor with a delinquent child

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  1  support obligation or who fails, after receiving appropriate

  2  notice, to comply with subpoenas, orders to appear, orders to

  3  show cause, or similar orders relating to paternity or child

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

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

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

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

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

  9  applicants for new or renewal licenses, registrations, or

10  certificates and current licenses, registrations, or

11  certificates and current licensees, registration holders, and

12  certificateholders of all licenses, registrations, and

13  certificates issued under chapter 231, chapter 370, chapter

14  372, chapter 409, chapter 455, chapter 456, or chapter 559 or

15  s. 328.42 to ensure compliance with any child support

16  obligation and any subpoenas, orders to appear, orders to show

17  cause, or similar orders relating to paternity or child

18  support proceedings. If the Title IV-D agency determines that

19  an applicant, licensee, registration holder, or

20  certificateholder is an obligor who is delinquent on a support

21  obligation or who is not in compliance with a subpoena, order

22  to appear, order to show cause, or similar order relating to

23  paternity or child support proceedings, the Title IV-D agency

24  shall certify the delinquency pursuant to s. 61.14.

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

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

27  certificate or the holder of a current license or certificate

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

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

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

31  child support proceeding.  The notice shall specify that the

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

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

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

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

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

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

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

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

  9  the license or certification may be suspended pursuant to a

10  court order.

11         Section 44.  Paragraph (a) of subsection (5) of section

12  414.065, Florida Statutes, is amended to read:

13         414.065  Noncompliance with work requirements.--

14         (5)  WORK ACTIVITY REQUIREMENTS FOR NONCUSTODIAL

15  PARENTS.--

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

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

18  to participate in work activities under this chapter so that

19  the parent may obtain employment and fulfill the obligation to

20  provide support payments. A noncustodial parent who fails to

21  satisfactorily engage in court-ordered work activities may be

22  held in contempt.

23

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

25  the noncustodial parent may be removed from program

26  participation.

27         Section 45.  Subsection (8) of section 414.095, Florida

28  Statutes, is amended to read:

29         414.095  Determining eligibility for temporary cash

30  assistance.--

31

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

  2  of receiving temporary cash assistance, the family must assign

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

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

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

  6  total amount of temporary cash assistance provided to the

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

  8  family leaves the program.

  9         Section 46.  Subsection (1) of section 414.32, Florida

10  Statutes, is amended to read:

11         414.32  Prohibitions and restrictions with respect to

12  food stamps.--

13         (1)  COOPERATION WITH CHILD SUPPORT ENFORCEMENT

14  AGENCY.--

15         (a)  A parent or caretaker relative who receives

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

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

18  for food stamps unless the parent or caretaker relative

19  cooperates with the state agency that administers the child

20  support enforcement program in establishing the paternity of

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

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

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

24  state agency that administers the food stamp child support

25  enforcement program determines that the parent or caretaker

26  relative has good cause for failing to cooperate. The

27  Department of Revenue shall determine good cause for failure

28  to cooperate if the Department of Children and Family Services

29  obtains written authorization from the United States

30  Department of Agriculture approving such arrangements.

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

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

  3  the parent fails to cooperate with the state agency that

  4  administers the child support enforcement program in

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

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

  7  This paragraph does not apply if the state agency that

  8  administers the child support enforcement program determines

  9  that the noncustodial parent has good cause for refusing to

10  cooperate in establishing the paternity of the child.

11         Section 47.  Effective July 1, 2001, paragraph (d) is

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

13  to read:

14         440.20  Time for payment of compensation; penalties for

15  late payment.--

16         (11)

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

18  pursuant to this subsection, judges of compensation claims

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

20  family when approving the settlement, which must consider and

21  provide for appropriate recovery of past due support.

22         Section 48.  Effective July 1, 2001, section 440.22,

23  Florida Statutes, is amended to read:

24         440.22  Assignment and exemption from claims of

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

26  compensation or benefits due or payable under this chapter

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

28  compensation and benefits shall be exempt from all claims of

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

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

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

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  1  compensation claims from creditors does not extend to claims

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

  3         Section 49.  Paragraphs (b) and (c) of subsection (1)

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

  5  amended to read:

  6         443.051  Benefits not alienable; exception, child

  7  support intercept.--

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

  9         (b)  "Child Support obligations" includes only

10  obligations which are being enforced pursuant to a plan

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

12  approved by the Secretary of Health and Human Services under

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

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

15  means any agency of a state or political subdivision thereof

16  which enforces child support obligations.

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

18         (a)  The division shall require each individual filing

19  a new claim for unemployment compensation to disclose at the

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

21  support obligations which are being enforced by a state or

22  local child support enforcement agency.  If any applicant

23  discloses that she or he owes child support obligations and

24  she or he is determined to be eligible for unemployment

25  compensation benefits, the division shall notify the state or

26  local child support enforcement agency enforcing such

27  obligation.

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

29  unemployment compensation otherwise payable to an individual

30  who owes child support obligations:

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  1         1.  The amount specified by the individual to the

  2  division to be deducted and withheld under this section;

  3         2.  The amount determined pursuant to an agreement

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

  5  Security Act by the state or local child support enforcement

  6  agency; or

  7         3.  Any amount otherwise required to be deducted and

  8  withheld from such unemployment compensation through legal

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

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

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

12  child support enforcement agency.

13         (d)  Any amount deducted and withheld under this

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

15  paid to the individual as unemployment compensation and paid

16  by such individual to the state or local child support

17  enforcement agency for child support obligations.

18         (e)  Each state or local child support enforcement

19  agency shall reimburse the state agency charged with the

20  administration of the Unemployment Compensation Law for the

21  administrative costs incurred by the division under this

22  subsection which are attributable to child support obligations

23  being enforced by the state or local child support enforcement

24  agency.

25         Section 50.  Subsection (9) of section 455.203, Florida

26  Statutes, is amended to read:

27         455.203  Department; powers and duties.--The

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

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

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

31  support agency pursuant to s. 409.2598 to assure compliance

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

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

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

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

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

  6  department shall issue or reinstate the license without

  7  additional charge to the licensee when notified by the court

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

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

10  denial or suspension resulting from the discharge of its

11  duties under this subsection.

12         Section 51.  Subsection (9) of section 456.004, Florida

13  Statutes, is amended to read:

14         456.004  Department; powers and duties.--The

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

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

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

18  support agency pursuant to s. 409.2598 to assure compliance

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

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

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

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

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

24  The department shall issue or reinstate the license without

25  additional charge to the licensee when notified by the court

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

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

28  denial or suspension resulting from the discharge of its

29  duties under this subsection.

30         Section 52.  Subsection (3) of section 559.79, Florida

31  Statutes, is amended to read:

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  1         559.79  Applications for license or renewal.--

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

  3  support agency to screen all applicants for new or renewal

  4  licenses and current licensees pursuant to s. 409.2598 to

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

  6  409.2554.  The purpose of this subsection is to promote the

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

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

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

10  obligation.  The department shall issue or reinstate the

11  license without additional charge to the licensee when

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

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

14  for any license denial or suspension resulting from the

15  discharge of its duties under this subsection.

16         Section 53.  Effective July 1, 2001, subsection (2) of

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

18         742.12  Scientific testing to determine paternity.--

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

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

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

22  paternity and setting forth facts establishing a reasonable

23  possibility of the requisite sexual contact between the

24  parties or providing a sworn statement or written declaration

25  denying paternity and setting forth facts establishing a

26  reasonable possibility of the nonexistence of sexual contact

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

28  fathers to submit to scientific tests that are generally

29  acceptable within the scientific community to show a

30  probability of paternity. The court shall direct that the

31  tests be conducted by a qualified technical laboratory.

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  1         Section 54.  Subsection (5) of section 943.053, Florida

  2  Statutes, is amended to read:

  3         943.053  Dissemination of criminal justice information;

  4  fees.--

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

  6  department shall provide to the Florida Department of Revenue

  7  Child Support Enforcement access to Florida criminal records

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

  9  such information as may be lawfully available from other

10  states via the National Law Enforcement Telecommunications

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

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

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

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

15  support enforcement authorities in other states for these

16  specific purposes.

17         Section 55.  Except as otherwise expressly provided in

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

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1284

  3

  4  Repeals the section of law which permits the withholding of
    motor vehicle impact fee refunds for non-custodial parents who
  5  are delinquent in their child support obligation.

  6  Provides for a disregard of secondary employment income when
    there are subsequent children when considering an upward
  7  modification of an existing child support award.

  8  Expands the Department of Revenue's authority to petition the
    court to suspend professional licenses to include the
  9  Department of Business and Professional Regulation's licensing
    chapter.
10
    Provides for a methodology for calculating support when the
11  child spends substantial time with the non-custodial parent.

12  Establishes a pilot program for administratively establishing
    child support orders.
13
    Changes the references to "child support" in s. 322.058, F.S.,
14  (Suspension of driving privileges due to support
    delinquencies) and s. 409.25658, F.S., (Use of unclaimed
15  property for past due support) to "support" to include spousal
    support in the enforcement actions for which the Department of
16  Revenue is provided authority.

17  Corrects the bill's modification to specify child support and
    the potential interpretation that the Department of Revenue's
18  immunity from liability is limited to action taken relative to
    child support obligation and excludes action taken to enforce
19  spousal support.

20  Returns determination of good cause for not cooperating with
    the Child Support Enforcement Program for non-custodial
21  parents in the Food Stamp Program to the Department of
    Revenue.
22
    Stipulates that for determining good cause for not cooperating
23  with the Child Support Enforcement Program for custodial
    parents in the Food Stamp Program, the Department of Revenue
24  will continue to determine good cause if the Department of
    Children and Family Services obtains written authorization
25  from the U.S. Department of Agriculture approving this
    arrangement.
26
    Modifies the requirement for Medicaid recipients to cooperate
27  with the Child Support Enforcement Program to exclude child
    only Medicaid cases.
28
    Directs the Department of Revenue to ascertain recommendations
29  from interested parties in developing the rules for the
    undistributable collections process and to report the outcome
30  of that process to the legislature.

31  Modifies the entering of income deduction orders to permit the
    court to enter an income deduction order when a temporary
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  1  support order is entered and to encourage the court to include
    in the order a request that the payment cycle reflect that of
  2  the payor.

  3  Modifies the notices of delinquency to clarify that all costs
    and fees associated with the delinquency must be paid and that
  4  a delinquency notice is not sent until the delinquency owed
    exceeds the periodic payment amount ordered.
  5
    Permits the courts to modify a support order retroactive to
  6  the date of filing.

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