Senate Bill sb1272e1

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  1                      A bill to be entitled

  2         An act relating to the determination and

  3         enforcement of obligations for child support;

  4         amending s. 61.046, F.S.; defining the term

  5         "national medical support notice"; amending s.

  6         61.13, F.S.; requiring that the court issue an

  7         order for health care coverage for a minor

  8         child in a proceeding for dissolution of

  9         marriage rather than an order for health

10         insurance; providing for enforcement of such an

11         order through use of the national medical

12         support notice; requiring the Department of

13         Revenue to notify the obligor of withholding

14         premium payments under the notice; providing a

15         procedure under which the obligor may contest

16         the withholding; providing procedures for

17         enrolling a child in a group health plan;

18         providing certain limitations on the amount of

19         withholding allowed under a support order;

20         amending s. 61.181, F.S.; continuing the

21         increased fee charged to child support obligors

22         by the depository; repealing s. 61.1826(5),

23         F.S., relating to performance reviews; amending

24         s. 61.1826, F.S.; conforming to repeal of s.

25         61.1826(5), F.S.; amending ss. 61.14, 61.30,

26         F.S.; requiring that the Department of Revenue

27         seek modification of certain awards of child

28         support; requiring that such modification be

29         made without proof or showing of a change in

30         circumstances; amending s. 120.80, F.S.;

31         providing for immediate judicial review of any


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  1         such order; providing for enforcement; amending

  2         s. 409.2557, F.S.; authorizing the Department

  3         of Revenue to adopt rules for administrative

  4         proceedings to establish child-support

  5         obligations; amending s. 409.2563, F.S.;

  6         revising the pilot program for administrative

  7         establishment of child-support obligations;

  8         providing process for optional pursuit of

  9         judicial process; providing for the withholding

10         of a specified portion of a noncustodial

11         parent's unemployment compensation; authorizing

12         the Division of Administrative Hearings to

13         render an income deduction order; providing for

14         the use of a financial affidavit as prescribed

15         by the department; amending s. 409.25656, F.S.;

16         providing a procedure for liquidating

17         securities that are levied to satisfy an

18         obligation for past due or overdue support;

19         amending s. 409.25658, F.S.; providing for the

20         use of unclaimed property to satisfy an

21         obligation for past due support; amending s.

22         409.2576, F.S.; requiring that the Department

23         of Revenue transmit a national medical support

24         notice to an employee's employer under certain

25         circumstances; providing an effective date.

26

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

28

29         Section 1.  Effective July 1, 2002, present subsections

30  (10), (11), (12), (13), (14), (15), (16), (17), (18), and (19)

31  of section 61.046, Florida Statutes, are redesignated as


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  1  subsections (11), (12), (13), (14), (15), (16), (17), (18),

  2  (19), and (20), respectively, and a new subsection (10) is

  3  added to that section to read:

  4         61.046  Definitions.--As used in this chapter:

  5         (10)  "National medical support notice" means the

  6  notice required under 42 U.S.C. s. 666(a)(19).

  7         Section 2.  Effective July 1, 2002, paragraph (b) of

  8  subsection (1) of section 61.13, Florida Statutes, is amended

  9  to read:

10         61.13  Custody and support of children; visitation

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

12         (1)

13         (b)  Each order for child support shall contain a

14  provision for health care coverage insurance for the minor

15  child when the coverage insurance is reasonably available.

16  Coverage Insurance is reasonably available if either the

17  obligor or obligee has access at a reasonable rate to a group

18  health plan group insurance.  The court may require the

19  obligor either to provide health care insurance coverage or to

20  reimburse the obligee for the cost of health care insurance

21  coverage for the minor child when coverage is provided by the

22  obligee.  In either event, the court shall apportion the cost

23  of coverage, and any noncovered medical, dental, and

24  prescription medication expenses of the child, to both parties

25  by adding the cost to the basic obligation determined pursuant

26  to s. 61.30(6). The court may order that payment of uncovered

27  medical, dental, and prescription medication expenses of the

28  minor child be made directly to the obligee payee on a

29  percentage basis.

30         1.  In a non-Title IV-D case, a copy of the court order

31  for health care insurance coverage shall be served on the


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  1  obligor's payor or union or employer by the obligee or the

  2  IV-D agency when the following conditions are met:

  3         a.  The obligor fails to provide written proof to the

  4  obligee or the IV-D agency within 30 days after of receiving

  5  effective notice of the court order, that the health care

  6  coverage insurance has been obtained or that application for

  7  coverage insurability has been made;

  8         b.  The obligee or IV-D agency serves written notice of

  9  its intent to enforce an order for health care coverage

10  medical support on the obligor by mail at the obligor's last

11  known address; and

12         c.  The obligor fails within 15 days after the mailing

13  of the notice to provide written proof to the obligee or the

14  IV-D agency that the health care insurance coverage existed as

15  of the date of mailing.

16         2.a.  A support order enforced under Title IV-D of the

17  Social Security Act which requires that the obligor provide

18  health care coverage is enforceable by the department through

19  the use of the national medical support notice and an

20  amendment to the support order is not required. The department

21  shall transfer the national medical support notice to the

22  obligor's union or employer. The department shall notify the

23  obligor in writing that the notice has been sent to the

24  obligor's union or employer and the written notification must

25  include the obligor's rights and duties under the national

26  medical support notice. The obligor may contest the

27  withholding required by the national medical support notice

28  based on a mistake of fact. To contest the withholding, the

29  obligor must file a written notice of contest with the

30  department within 15 business days after the date the obligor

31  receives written notification of the national medical support


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  1  notice from the department. Filing with the department is

  2  complete when the notice is received by the person designated

  3  by the department in the written notification. The notice of

  4  contest must be in the form prescribed by the department. Upon

  5  the timely filing of a notice of contest, the department

  6  shall, within 5 business days, schedule an informal conference

  7  with the obligor to discuss the obligor's factual dispute. If

  8  the informal conference resolves the dispute to the obligor's

  9  satisfaction or if the obligor fails to attend the informal

10  conference, the notice of contest is deemed withdrawn. If the

11  informal conference does not resolve the dispute, the obligor

12  may request an administrative hearing under chapter 120 within

13  5 business days after the termination of the informal

14  conference, in a form and manner prescribed by the department.

15  However, the filing of a notice of contest by the obligor does

16  not delay the withholding of premium payments by the union,

17  employer, or health plan administrator. The union, employer,

18  or health plan administrator must implement the withholding as

19  directed by the national medical support notice unless

20  notified by the department that the national medical support

21  notice is terminated.

22         b.  In a Title IV-D case, the department shall notify

23  an obligor's union or employer if the obligation to provide

24  health care coverage through that union or employer is

25  terminated. In cases in which the noncustodial parent provides

26  health care coverage and the noncustodial parent changes

27  employment and the new employer provides health care coverage,

28  the IV-D agency shall transfer notice of the provision to the

29  employer, which notice shall operate to enroll the child in

30  the noncustodial parent's health plan, unless the noncustodial

31  parent contests the notice.  Notice to enforce medical


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  1  coverage under this section shall be served by the IV-D agency

  2  upon the obligor by mail at the obligor's last known address.

  3  The obligor shall have 15 days from the date of mailing of the

  4  notice to contest the notice with the IV-D agency.

  5         3.  In a non-Title IV-D case, upon receipt of the order

  6  pursuant to subparagraph 1. or the notice pursuant to

  7  subparagraph 2., or upon application of the obligor pursuant

  8  to the order, the payor, union, or employer shall enroll the

  9  minor child as a beneficiary in the group health insurance

10  plan regardless of any restrictions on the enrollment period

11  and withhold any required premium from the obligor's income.

12  If more than one plan is offered by the payor, union, or

13  employer, the child shall be enrolled in the group health

14  insurance plan in which the obligor is enrolled.

15         4.a.  Upon receipt of the national medical support

16  notice under subparagraph 2. in a Title IV-D case, the union

17  or employer shall transfer the notice to the appropriate group

18  health plan administrator within 20 business days after the

19  date on the notice. The plan administrator must enroll the

20  child as a beneficiary in the group health plan regardless of

21  any restrictions on the enrollment period, and the union or

22  employer must withhold any required premium from the obligor's

23  income upon notification by the plan administrator that the

24  child is enrolled. The child shall be enrolled in the group

25  health plan in which the obligor is enrolled. If the group

26  health plan in which the obligor is enrolled is not available

27  where the child resides or if the obligor is not enrolled in

28  group coverage, the child shall be enrolled in the lowest cost

29  group health plan that is available where the child resides.

30         b.  If health care coverage or the obligor's employment

31  is terminated in a Title IV-D case, the union or employer that


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  1  is withholding premiums for health care coverage under a

  2  national medical support notice must notify the department

  3  within 20 days after the termination and provide the obligor's

  4  last known address and the name and address of the obligor's

  5  new employer, if known.

  6         5.a.  The amount withheld by a union or employer in

  7  compliance with a support order may not exceed the amount

  8  allowed under s. 303(b) of the Consumer Credit Protection Act,

  9  15 U.S.C. s. 1673(b), as amended. The union or employer shall

10  withhold the maximum allowed by the Consumer Credit Protection

11  Act in the following order:

12         (I)  Current support, as ordered.

13         (II)  Premium payments for health care coverage, as

14  ordered.

15         (III)  Past due support, as ordered.

16         (IV)  Other medical support or coverage, as ordered.

17         b.  If the combined amount to be withheld for current

18  support plus the premium payment for health care coverage

19  exceed the amount allowed under the Consumer Credit Protection

20  Act, and the health care coverage cannot be obtained unless

21  the full amount of the premium is paid, the union or employer

22  may not withhold the premium payment. However, the union or

23  employer shall withhold the maximum allowed in the following

24  order:

25         (I)  Current support, as ordered.

26         (II)  Past due support, as ordered.

27         (III)  Other medical support or coverage, as ordered.

28         6.4.  The Department of Revenue may shall have the

29  authority to adopt rules to administer implement the child

30  support enforcement provisions of this section which affect

31  Title IV-D cases.


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  1         Section 3.  Paragraph (b) of subsection (1) of section

  2  61.14, Florida Statutes, is amended to read:

  3         61.14  Enforcement and modification of support,

  4  maintenance, or alimony agreements or orders.--

  5         (1)

  6         (b)  For each support order reviewed by the department

  7  as required by s. 409.2564(12), if the amount of the child

  8  support award under the order differs by at least 10 percent

  9  but not less than $25 from the amount that would be awarded

10  under s. 61.30, the department shall seek to have the order

11  modified and any modification shall be made without a

12  requirement for proof or showing of a change in circumstances.

13  In Title IV-D cases reviewed pursuant to the 3-year review and

14  adjustment cycle, no substantial change of circumstance need

15  be proven to warrant a modification.

16         Section 4.  Paragraph (b) of subsection (2) of section

17  61.181, Florida Statutes, is amended to read:

18         61.181  Depository for alimony transactions, support,

19  maintenance, and support payments; fees.--

20         (2)

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

22  2003 2002, the fee imposed in paragraph (a) shall be increased

23  to 4 percent of the support payments which the party is

24  obligated to pay, except that no fee shall be more than $5.25.

25  The fee shall be considered by the court in determining the

26  amount of support that the obligor is, or may be, required to

27  pay. Notwithstanding the provisions of s. 145.022, 75 percent

28  of the additional revenues generated by this paragraph shall

29  be remitted monthly to the Clerk of the Court Child Support

30  Enforcement Collection System Trust Fund administered by the

31  department as provided in subparagraph 2.  These funds shall


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  1  be used exclusively for the development, implementation, and

  2  operation of the Clerk of the Court Child Support Enforcement

  3  Collection System to be operated by the depositories,

  4  including the automation of civil case information necessary

  5  for the State Case Registry.  The department shall contract

  6  with the Florida Association of Court Clerks and the

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

  8  maintain the automation of the depositories to include, but

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

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

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

12  the automation of the depositories is limited to the state

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

14  Support Enforcement Collection System Trust Fund.  Each

15  depository created under this section shall fully participate

16  in the Clerk of the Court Child Support Enforcement Collection

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

18  the contract between the Florida Association of Court Clerks

19  and the department.

20         2.  No later than December 31, 1996, Moneys to be

21  remitted to the department by the depository shall be done

22  daily by electronic funds transfer and calculated as follows:

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

24  cents.

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

26  amount equal to 18.75 percent of the fee charged.

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

28  cents.

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

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

31


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

  2  depository.

  3         Section 5.  Subsection (5) of section 61.1826, Florida

  4  Statutes, is repealed.

  5         Section 6.  Subsection (1) of section 61.1826, Florida

  6  Statutes, is amended to read:

  7         61.1826  Procurement of services for State Disbursement

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

  9  Registry; contracts and cooperative agreements; penalties;

10  withholding payment.--

11         (1)  LEGISLATIVE FINDINGS.--The Legislature finds that

12  the clerks of court play a vital role, as essential

13  participants in the establishment, modification, collection,

14  and enforcement of child support, in securing the health,

15  safety, and welfare of the children of this state. The

16  Legislature further finds and declares that:

17         (a)  It is in the state's best interest to preserve the

18  essential role of the clerks of court in disbursing child

19  support payments and maintaining official records of child

20  support orders entered by the courts of this state.

21         (b)  As official recordkeeper for matters relating to

22  court-ordered child support, the clerks of court are necessary

23  parties to obtaining, safeguarding, and providing child

24  support payment and support order information.

25         (c)  As provided by the federal Personal Responsibility

26  and Work Opportunity Reconciliation Act of 1996, the state

27  must establish and operate a State Case Registry in full

28  compliance with federal law by October 1, 1998, and a State

29  Disbursement Unit by October 1, 1999.

30         (d)  Noncompliance with federal law could result in a

31  substantial loss of federal funds for the state's child


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  1  support enforcement program and the temporary assistance for

  2  needy families welfare block grant.

  3         (e)  The potential loss of substantial federal funds

  4  poses a direct and immediate threat to the health, safety, and

  5  welfare of the children and citizens of the state and

  6  constitutes an emergency for purposes of s. 287.057(4)(a).

  7         (f)  The clerks of court maintain the official payment

  8  record of the court for amounts received, payments credited,

  9  arrearages owed, liens attached, and current mailing addresses

10  of all parties, payor, obligor, and payee.

11         (g)  The clerks of court have established a statewide

12  Clerk of Court Child Support Enforcement Collection System for

13  the automation of all payment processing using state and local

14  government funds as provided under s. 61.181(2)(b)1.

15         (h)  The Legislature acknowledges the improvements made

16  by and the crucial role of the Clerk of the Court Child

17  Support Enforcement Collection System in speeding payments to

18  the children of Florida.

19         (i)  There is no viable alternative to continuing the

20  role of the clerks of court in collecting, safeguarding, and

21  providing essential child support payment information.

22

23  For these reasons, the Legislature hereby directs the

24  Department of Revenue, subject to the provisions of subsection

25  (5) (6), to contract with the Florida Association of Court

26  Clerks and each depository to perform duties with respect to

27  the operation and maintenance of a State Disbursement Unit and

28  the non-Title IV-D component of the State Case Registry as

29  further provided by this section.

30         Section 7.  Paragraph (c) of subsection (1) of section

31  61.30, Florida Statutes, is amended to read:


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  1         61.30  Child support guidelines; retroactive child

  2  support.--

  3         (1)

  4         (c)  For each support order reviewed by the department

  5  as required by s. 409.2564(12), if the amount of the child

  6  support award under the order differs by at least 10 percent

  7  but not less than $25 from the amount that would be awarded

  8  under s. 61.30, the department shall seek to have the order

  9  modified and any modification shall be made without a

10  requirement for proof or showing of a change in circumstances.

11  In Title IV-D cases reviewed pursuant to the 3-year review and

12  adjustment cycle, no change of circumstance need be proven to

13  warrant a modification.

14         Section 8.  Paragraph (c) of subsection (14) of section

15  120.80, Florida Statutes, is amended to read:

16         120.80  Exceptions and special requirements;

17  agencies.--

18         (14)  DEPARTMENT OF REVENUE.--

19         (c)  Proceedings for administrative child support

20  orders.--Notwithstanding the provisions of s. 120.569 or s.

21  120.57 to the contrary, In proceedings for the establishment

22  of administrative support orders pursuant to s. 409.2563,

23  final orders in cases referred by the Department of Revenue to

24  the Division of Administrative Hearings shall be entered by

25  the division's administrative law judge and transmitted to the

26  Department of Revenue for filing and rendering indexing. The

27  Department of Revenue has the right to seek judicial review

28  under s. 120.68 of a final order entered by an administrative

29  law judge.  Administrative support orders rendered pursuant to

30  s. 409.2563 may be enforced pursuant to s. 120.69 or,

31


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  1  alternatively, by any method prescribed by law for the

  2  enforcement of judicial support orders, except contempt.

  3         Section 9.  Subsection (3) of section 409.2557, Florida

  4  Statutes, is amended to read:

  5         409.2557  State agency for administering child support

  6  enforcement program.--

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

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

  9  120.54 to implement all laws administered by the department in

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

11  including, but not limited to, the following:

12         (a)  Background screening of department employees and

13  applicants, including criminal records checks;

14         (b)  Confidentiality and retention of department

15  records; access to records; record requests;

16         (c)  Department trust funds;

17         (d)  Federal funding procedures;

18         (e)  Agreements with law enforcement and other state

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

20  Parent Locator Service access;

21         (f)  Written agreements entered into between the

22  department and support obligors in establishment, enforcement,

23  and modification proceedings;

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

25  programs, and demonstration projects;

26         (h)  Management of cases by the department involving

27  any documentation or procedures required by federal or state

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

29  adjustment; audits; interstate actions; diligent efforts for

30  service of process;

31


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  1         (i)  Department procedures for orders for genetic

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

  3  increasing the amount of monthly obligations to secure

  4  delinquent support; suspending or denying driver's and

  5  professional licenses and certificates; fishing and hunting

  6  license suspensions; suspending vehicle and vessel

  7  registrations; screening applicants for new or renewal

  8  licenses, registrations, or certificates; income deduction;

  9  credit reporting and  accessing; tax refund intercepts;

10  passport denials; liens; financial institution data matches;

11  expedited procedures; medical support; and all other

12  responsibilities of the department as required by state or

13  federal law;

14         (j)  Collection and disbursement of support and alimony

15  payments by the department as required by federal law;

16  collection of genetic testing costs and other costs awarded by

17  the court;

18         (k)  Report information to and receive information from

19  other agencies and entities;

20         (l)  Provide location services, including accessing

21  from and reporting to federal and state agencies;

22         (m)  Privatizing location, establishment, enforcement,

23  modification, and other functions;

24         (n)  State case registry;

25         (o)  State disbursement unit; and

26         (p)  Administrative proceedings to establish

27  child-support obligations; and

28         (q)(p)  All other responsibilities of the department as

29  required by state or federal law.

30         Section 10.  Subsections (1), (2), (4), (6), (7), (8),

31  (11), paragraph (c) of subsection (5), paragraph (d) of


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  1  subsection (9), paragraph (b) of subsection (10), and

  2  paragraph (a) of subsection (13) of Section 409.2563, Florida

  3  Statutes, are amended to read:

  4         409.2563  Pilot program for Administrative

  5  establishment of child support obligations.--

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

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

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

  9  section establishing or modifying the obligation of a

10  noncustodial parent to contribute to the support and

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

12  provisions for monetary support, retroactive support, health

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

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

15  in s. 414.0252(11).

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

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

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

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

20  by the clerk or deputy clerk.

21         (d)  "Financial affidavit" means an affidavit or

22  written declaration as provided by s. 92.525(2) which shows an

23  individual's income, allowable deductions, net income, and

24  other information needed to calculate the child support

25  guideline amount under s. 61.30

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

27  filed with the clerk or any deputy clerk of the department and

28  served on the respondent. The date of filing must be indicated

29  on the face of the order at the time of rendition.

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

31  which the department is providing child support services


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

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

  3         (g)(f)  "Retroactive support" means a child support

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

  5

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

  7  ss. 61.046 and 409.2554.

  8         (2)  PURPOSE AND SCOPE.--

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

10  jurisdiction of the circuit courts to hear and determine

11  issues regarding child support. This section is intended to

12  provide the department with an alternative procedure for

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

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

15  support.

16         (b)  The administrative procedure set forth in this

17  section concerns only the establishment of child support

18  obligations. This section does not grant jurisdiction to the

19  department or the Division of Administrative Hearings to hear

20  or determine issues of dissolution of marriage, separation,

21  alimony or spousal support, termination of parental rights,

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

23  or visitation. This paragraph notwithstanding, the department

24  and the Division of Administrative Hearings may make findings

25  of fact that which are necessary for a proper determination of

26  a noncustodial parent's support obligation as authorized by

27  this section.

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

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

30  presumed by law, the department may establish the a

31  noncustodial parent's child support obligation pursuant to


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    CS for SB 1272                                 First Engrossed



  1  this section, s. 61.30, and other relevant provisions of state

  2  law. The noncustodial parent's obligation determined by the

  3  department may include any obligation to pay retroactive

  4  support and any obligation to provide for health care for a

  5  child, whether through insurance coverage, reimbursement of

  6  expenses, or both. The department may proceed on behalf of:

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

  8  provided by ss. 409.2561 and 409.2567;

  9         2.  A former recipient of public assistance, as

10  provided by s. 409.2569;

11         3.  An individual who has applied for services as

12  provided by s. 409.2567;

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

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

15  provided by chapter 88.

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

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

18  court having jurisdiction and proper venue to determine the

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

20  support order issued by a circuit court prospectively

21  supersedes an administrative support order rendered by the

22  department.

23         (e) Pursuant to paragraph (b), neither the department

24  nor the Division of Administrative Hearings have jurisdiction

25  to award or change child custody or rights of parental

26  contact.  Either parent may at any time file a civil action in

27  a circuit having jurisdiction and proper venue for a

28  determination of child custody and rights of parental contact.

29         (f) The department shall terminate the administrative

30  proceeding and file an action in circuit court to determine

31  support if within 20 days after receipt of the initial notice


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    CS for SB 1272                                 First Engrossed



  1  the noncustodial parent requests in writing that the

  2  department proceed in circuit court or states in writing the

  3  noncustodial parent's intention to address issues concerning

  4  custody or rights to parental contact in court and if within

  5  10 days after receipt of the department's petition and waiver

  6  of service the noncustodial parent signs and returns the

  7  waiver of service form to the department.

  8         (g) The notices and orders issued by the department

  9  under this section shall be written clearly and plainly.

10         (4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE

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

12  the department shall provide to the custodial parent and serve

13  the noncustodial parent with a notice of proceeding to

14  establish administrative support order and a blank financial

15  affidavit form. The notice must state:

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

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

18  the child or children;

19         (b)  That the department intends to establish an

20  administrative support order as defined in this section;

21         (c)  That both parents must submit a completed

22  financial affidavit to the department within 20 days after

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

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

25  relative if applicable, are required to furnish to the

26  department information regarding their identities and

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

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

29  relative if applicable, are required to promptly notify the

30  department of any change in their mailing addresses to ensure

31


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    CS for SB 1272                                 First Engrossed



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

  2  provided by paragraph (13)(c);

  3         (f)  That the department will calculate support

  4  obligations based on the child support guidelines in s. 61.30

  5  and using all available information, as provided by paragraph

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

  7  administrative support order;

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

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

10  a copy of the proposed administrative support order, the

11  department's child support worksheet, and any financial

12  affidavits submitted by a parent or prepared by the

13  department;

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

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

16  mailing or other service of the proposed administrative

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

18  request a hearing;

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

20  timely request for hearing after service of the proposed

21  administrative support order, the department will issue an

22  administrative support order that incorporates the findings of

23  the proposed administrative support order, and will send by

24  regular mail a copy of the administrative support order to

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

26         (j)  That after an administrative support order is

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

28  the clerk of the circuit court;

29         (k)  That after an administrative support order is

30  rendered, the department may enforce the administrative

31  support order by any lawful means; and


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    CS for SB 1272                                 First Engrossed



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

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

  3  court having jurisdiction and proper venue to determine the

  4  noncustodial parent's child support obligations, if any, and

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

  6  administrative support order rendered by the department;.

  7         (m) That, neither the department nor the Division of

  8  Administrative Hearings have jurisdiction to award or change

  9  child custody or rights of parental contact and these issues

10  may only be addressed in circuit court.  That if the

11  noncustodial parent has issues regarding child custody or

12  right of parental contact or requests to proceed in circuit

13  court the noncustodial parent may request in writing that the

14  department proceed in circuit court to determine support.

15  That the noncustodial parent must make such request in writing

16  within  20 days after receipt of the initial notice.  That

17  upon such request the department shall send the noncustodial

18  parent by regular mail a copy of the department's petition and

19  waiver of service form.  That the noncustodial parent must

20  sign and return the waiver of service form, within 10 days of

21  receipt of the petition at which time the department shall

22  terminate the administrative proceeding and file an action in

23  circuit court to determine support;

24         (n) That if the noncustodial parent files an action in

25  circuit court and serves the department with a copy of the

26  petition within 20 days after being served notice under this

27  subsection, the administrative process ends without prejudice

28  and the action must proceed in circuit court;

29         (o)  Information provided by the Office of State Courts

30  Administrator concerning the availability and location of

31


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    CS for SB 1272                                 First Engrossed



  1  self-help programs for those who wish to file an action in

  2  circuit court but who cannot afford an attorney.

  3

  4  The department may serve the notice of proceeding to establish

  5  administrative support order by certified mail, restricted

  6  delivery, return receipt requested. Alternatively, the

  7  department may serve the notice by any means permitted for

  8  service of process in a civil action. For purposes of this

  9  section, an authorized employee of the department may serve

10  the notice and execute an affidavit of service. Service by

11  certified mail is completed when the certified mail is

12  received or refused by the addressee or by an authorized agent

13  as designated by the addressee in writing. If a person other

14  than the addressee signs the return receipt, the department

15  shall attempt to reach the addressee by telephone to confirm

16  whether the notice was received, and the department shall

17  document any telephonic communications. If someone other than

18  the addressee signs the return receipt, the addressee does not

19  respond to the notice, and the department is unable to confirm

20  that the addressee has received the notice, service is not

21  completed and the department shall attempt to have the

22  addressee served personally. The department shall provide the

23  custodial parent or caretaker relative with a copy of the

24  notice by regular mail to the last known address of the

25  custodial parent or caretaker.

26         (5)  PROPOSED ADMINISTRATIVE SUPPORT ORDER.--

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

28  with the proposed administrative support order, which notice

29  must inform the noncustodial parent that:

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

31  the date of mailing or other service of the proposed


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    CS for SB 1272                                 First Engrossed



  1  administrative support order, request a hearing by filing a

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

  3  the department;

  4         2.  If the noncustodial parent files a timely request

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

  6  of Administrative Hearings, which shall conduct further

  7  proceedings and may enter an administrative support order;

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

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

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

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

12         4.  The noncustodial parent may consent in writing to

13  entry of an administrative support order without a hearing;

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

15  the date of mailing or other service of the proposed

16  administrative support order, contact a department

17  representative, at the address or telephone number specified

18  in the notice, to informally discuss the proposed

19  administrative support order and, if informal discussions are

20  requested timely and held within a reasonable time, the time

21  for requesting a hearing will be extended until 10 days after

22  the department notifies the noncustodial parent that the

23  informal discussions have been concluded; and

24         6.  If an administrative support order that establishes

25  a noncustodial parent's support obligation is rendered,

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

27  may enforce the administrative support order by any lawful

28  means.

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

30  timely request for hearing, the department shall refer the

31  hearing request to the Division of Administrative Hearings.


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    CS for SB 1272                                 First Engrossed



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

  2  division's Uniform Rules of Procedure shall govern the conduct

  3  of the proceedings. The administrative law judge shall

  4  consider all available and admissible information and any

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

  6  designated employee or other representative of the department,

  7  who need not be an attorney, may represent the department as a

  8  qualified representative at the hearing.

  9         (7)  ADMINISTRATIVE SUPPORT ORDER.--

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

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

12  Administrative Hearings shall issue an administrative support

13  order, or a final order denying an administrative support

14  order, which constitutes final agency action by the

15  department. The Division of Administrative Hearings shall

16  transmit any such order to the department for filing and

17  rendering indexing.

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

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

20  to have waived the right to request a hearing.

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

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

23  without a hearing, the department may render an administrative

24  support order.

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

26  of the administrative support order, or the final order

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

28  parent and caretaker relative if applicable. The noncustodial

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

30  of the administrative support order in accordance with s.

31  120.68.


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    CS for SB 1272                                 First Engrossed



  1         (e)  An administrative support order must comply with

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

  3  of Administrative Hearings and the chief judge of the circuit

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

  5  standard form or forms for administrative support orders. An

  6  administrative support order must provide and state findings,

  7  if applicable, concerning:

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

  9  children;

10         2.  The name of the noncustodial parent and the

11  custodial parent or caretaker relative;

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

13  provide support;

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

15  support obligation for each child;

16         5.  Any obligation to pay retroactive support;

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

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

19  coverage, contribution towards the cost of insurance coverage,

20  payment or reimbursement of health care expenses for the

21  child, or any combination thereof;

22         7.  The beginning date of any required monthly payments

23  and health care coverage;

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

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

26         9.  That the parents, or caretaker relative if

27  applicable, must file with the department when the

28  administrative support order is rendered, if they have not

29  already done so, and update as appropriate the information

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

31


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    CS for SB 1272                                 First Engrossed



  1         10.  That both parents, or parent and caretaker

  2  relative if applicable, are required to promptly notify the

  3  department of any change in their mailing addresses pursuant

  4  to paragraph (13)(c); and.

  5         11.  That if the noncustodial parent receives

  6  unemployment compensation benefits, the payor shall withhold,

  7  and transmit to the department, 40 percent of the benefits for

  8  payment of support, not to exceed the amount owed.

  9

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

11  incorporated into the administrative support order or, if not

12  incorporated into the administrative support order, the

13  department or the Division of Administrative Hearings shall

14  render a separate income deduction order.

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

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

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

18  certified copy of an administrative support order rendered

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

20  61.181 for the county where the administrative support order

21  has been filed shall:

22         (a)  Act as the official recordkeeper for payments

23  required under the administrative support order;

24         (b)  Establish and maintain the necessary payment

25  accounts;

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

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

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

29  with respect to a support order entered by a court of this

30  state.

31         (9)  COLLECTION ACTION; ENFORCEMENT.--


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    CS for SB 1272                                 First Engrossed



  1         (d)  An administrative support order rendered under

  2  this section has the same force and effect as court order and,

  3  until modified by the department or superseded by a court

  4  order, may be enforced:

  5         1.  In any manner permitted for enforcement of a

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

  7  contempt; or

  8         2.  Pursuant to s. 120.69.

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

10  SUPERSEDING ADMINISTRATIVE SUPPORT ORDER.--

11         (b)  An administrative support order rendered under

12  this section has the same force and effect as a court order

13  and may be enforced by any circuit court in the same manner as

14  a support order issued by the court, except for contempt. If

15  the circuit court issues its own order enforcing based on the

16  administrative support order, the circuit court may enforce

17  its own order by contempt. The presumption of ability to pay

18  and purge contempt established in s. 61.14(5)(a) applies to an

19  administrative support order that includes a finding of

20  present ability to pay. Enforcement by the court, without any

21  change by the court in the support obligations established in

22  the administrative support order, does not supersede the

23  administrative support order or affect the department's

24  authority to modify the administrative support order as

25  provided by subsection (12). An order by the court that

26  requires the noncustodial parent to make periodic payments on

27  arrearages does not constitute a change in the support

28  obligations established in the administrative support order

29  and does not supersede the administrative order.

30         (11)  EFFECTIVENESS OF ADMINISTRATIVE SUPPORT

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


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    CS for SB 1272                                 First Engrossed



  1  section has the same force and effect as a court order and

  2  remains in effect until modified by the department, vacated on

  3  appeal, or superseded by a subsequent court order. If the

  4  department closes a Title IV-D case in which an administrative

  5  support order has been rendered:

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

  7  enforce or modify the administrative support order;

  8         (b)  The administrative support order remains effective

  9  until superseded by a subsequent court order; and

10         (c)  The administrative support order may be enforced

11  by the obligee by any means provided by law.

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

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

14  department may modify, suspend, or terminate an administrative

15  support order in a Title IV-D case prospectively, subject to

16  the requirements for modifications of judicial support orders

17  established in chapters 61 and 409, by following the same

18  procedures set forth in this section for establishing an

19  administrative support order, as applicable.

20         (13)  REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT

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

22  section:

23         (a)  The noncustodial parent and custodial parent must

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

25  after receipt of the notice of proceeding to establish

26  administrative support order, a financial affidavit in the

27  form prescribed by the department in the Florida Family Law

28  Rules of Procedure. An updated financial affidavit must be

29  executed and furnished to the department at the inception of

30  each proceeding to modify an administrative support order.

31


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    CS for SB 1272                                 First Engrossed



  1  Caretaker relatives are not required to furnish financial

  2  affidavits.

  3         Section 11.  Effective July 1, 2002, subsection (3) of

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

  5         409.25656  Garnishment.--

  6         (3)  During the last 30 days of the 60-day period set

  7  forth in subsection (1), the executive director or his or her

  8  designee may levy upon such credits, personal property, or

  9  debts. The levy must be accomplished by delivery of a notice

10  of levy by registered mail, upon receipt of which the person

11  possessing the credits, other personal property, or debts

12  shall transfer them to the department or pay to the department

13  the amount owed by to the obligor. If the department levies

14  upon securities and the value of the securities is less than

15  the total amount of past due or overdue support, the person

16  who possesses or controls the securities shall liquidate the

17  securities in a commercially reasonable manner. After

18  liquidation, the person shall transfer to the department the

19  proceeds, less any applicable commissions or fees, or both,

20  which are charged in the normal course of business. If the

21  value of the securities exceeds the total amount of past due

22  or overdue support, the obligor may, within 7 days after

23  receipt of the department's notice of levy, instruct the

24  person who possesses or controls the securities which

25  securities are to be sold to satisfy the obligation for past

26  due or overdue support. If the obligor does not provide

27  instructions for liquidation, the person who possesses or

28  controls the securities shall liquidate the securities in a

29  commercially reasonable manner and in an amount sufficient to

30  cover the obligation for past due or overdue support, less any

31  applicable commissions or fees, or both, which are charged in


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    CS for SB 1272                                 First Engrossed



  1  the normal course of business, beginning with the securities

  2  purchased most recently. After liquidation, the person who

  3  possesses or controls the securities shall transfer to the

  4  department the total amount of past due or overdue support.

  5         Section 12.  Subsections (1) and (2) of section

  6  409.25658, Florida Statutes, are amended to read:

  7         409.25658  Use of unclaimed property for past due

  8  support.--

  9         (1)  In a joint effort to facilitate the collection and

10  payment of past due support, the Department of Revenue, in

11  cooperation with the Department of Banking and Finance, shall

12  identify persons owing support collected through a court who

13  are presumed to have unclaimed abandoned property held by the

14  Department of Banking and Finance.

15         (2)  The department shall periodically provide the

16  Department of Banking and Finance with an electronic file of

17  support obligors who owe past due support. The Department of

18  Banking and Finance shall conduct a data match of the file

19  against all apparent owners of unclaimed abandoned property

20  under chapter 717 and provide the resulting match list to the

21  department.

22         Section 13.  Effective July 1, 2002, subsection (7) of

23  section 409.2576, Florida Statutes, is amended to read:

24         409.2576  State Directory of New Hires.--

25         (7)  WAGE WITHHOLDING NOTICE AND NATIONAL MEDICAL

26  SUPPORT NOTICE.--The department Not later than October 1,

27  1998, the Title IV-D agency shall transmit a wage withholding

28  notice consistent with s. 61.1301 and, when appropriate, a

29  national medical support notice, as defined in s. 61.046, to

30  the employee's employer within 2 business days after of entry

31  of the new hire information into the State Directory of New


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    CS for SB 1272                                 First Engrossed



  1  Hires' database, unless the court has determined that the

  2  employee's wages are not subject to withholding or, for

  3  purposes of the national medical support notice, the support

  4  order does not contain a provision for the employee to provide

  5  health care coverage. The withholding notice shall direct the

  6  employer to withhold income in accordance with the income

  7  deduction order and the national medical support notice shall

  8  direct the employer to withhold premiums for health care

  9  coverage.

10         Section 14.  Except as otherwise expressly provided in

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

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