Senate Bill sb1272er

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    2002 Legislature                 CS for SB 1272, 3rd Engrossed



  1

  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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    2002 Legislature                 CS for SB 1272, 3rd Engrossed



  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; amending s. 827.06, F.S.;

26         providing for additional means of service of

27         process; providing an effective date.

28

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

30

31


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    2002 Legislature                 CS for SB 1272, 3rd Engrossed



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

  2  (10), (11), (12), (13), (14), (15), (16), (17), (18), and (19)

  3  of section 61.046, Florida Statutes, are redesignated as

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

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

  6  added to that section to read:

  7         61.046  Definitions.--As used in this chapter:

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

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

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

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

12  to read:

13         61.13  Custody and support of children; visitation

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

15         (1)

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

17  provision for health care coverage insurance for the minor

18  child when the coverage insurance is reasonably available.

19  Coverage Insurance is reasonably available if either the

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

21  health plan group insurance.  The court may require the

22  obligor either to provide health care insurance coverage or to

23  reimburse the obligee for the cost of health care insurance

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

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

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

27  prescription medication expenses of the child, to both parties

28  by adding the cost to the basic obligation determined pursuant

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

30  medical, dental, and prescription medication expenses of the

31


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    2002 Legislature                 CS for SB 1272, 3rd Engrossed



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

  2  percentage basis.

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

  4  for health care insurance coverage shall be served on the

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

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

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

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

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

10  coverage insurance has been obtained or that application for

11  coverage insurability has been made;

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

13  its intent to enforce an order for health care coverage

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

15  known address; and

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

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

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

19  of the date of mailing.

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

21  Social Security Act which requires that the obligor provide

22  health care coverage is enforceable by the department through

23  the use of the national medical support notice and an

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

25  shall transfer the national medical support notice to the

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

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

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

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

30  medical support notice. The obligor may contest the

31  withholding required by the national medical support notice


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    2002 Legislature                 CS for SB 1272, 3rd Engrossed



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

  2  obligor must file a written notice of contest with the

  3  department within 15 business days after the date the obligor

  4  receives written notification of the national medical support

  5  notice from the department. Filing with the department is

  6  complete when the notice is received by the person designated

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

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

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

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

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

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

13  satisfaction or if the obligor fails to attend the informal

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

15  informal conference does not resolve the dispute, the obligor

16  may request an administrative hearing under chapter 120 within

17  5 business days after the termination of the informal

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

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

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

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

22  or health plan administrator must implement the withholding as

23  directed by the national medical support notice unless

24  notified by the department that the national medical support

25  notice is terminated.

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

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

28  health care coverage through that union or employer is

29  terminated. In cases in which the noncustodial parent provides

30  health care coverage and the noncustodial parent changes

31  employment and the new employer provides health care coverage,


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    2002 Legislature                 CS for SB 1272, 3rd Engrossed



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

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

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

  4  parent contests the notice.  Notice to enforce medical

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

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

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

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

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

10  pursuant to subparagraph 1. or the notice pursuant to

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

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

13  minor child as a beneficiary in the group health insurance

14  plan regardless of any restrictions on the enrollment period

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

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

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

18  insurance plan in which the obligor is enrolled.

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

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

21  or employer shall transfer the notice to the appropriate group

22  health plan administrator within 20 business days after the

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

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

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

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

27  income upon notification by the plan administrator that the

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

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

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

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


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

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

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

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

  5  is withholding premiums for health care coverage under a

  6  national medical support notice must notify the department

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

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

  9  new employer, if known.

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

11  compliance with a support order may not exceed the amount

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

13  15 U.S.C. s. 1673(b), as amended. The union or employer shall

14  withhold the maximum allowed by the Consumer Credit Protection

15  Act in the following order:

16         (I)  Current support, as ordered.

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

18  ordered.

19         (III)  Past due support, as ordered.

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

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

22  support plus the premium payment for health care coverage

23  exceed the amount allowed under the Consumer Credit Protection

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

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

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

27  employer shall withhold the maximum allowed in the following

28  order:

29         (I)  Current support, as ordered.

30         (II)  Past due support, as ordered.

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


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    2002 Legislature                 CS for SB 1272, 3rd Engrossed



  1         6.4.  The Department of Revenue may shall have the

  2  authority to adopt rules to administer implement the child

  3  support enforcement provisions of this section which affect

  4  Title IV-D cases.

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

  6  61.14, Florida Statutes, is amended to read:

  7         61.14  Enforcement and modification of support,

  8  maintenance, or alimony agreements or orders.--

  9         (1)

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

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

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

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

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

15  modified and any modification shall be made without a

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

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

18  adjustment cycle, no substantial change of circumstance need

19  be proven to warrant a modification.

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

21  61.181, Florida Statutes, is amended to read:

22         61.181  Depository for alimony transactions, support,

23  maintenance, and support payments; fees.--

24         (2)

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

26  2003 2002, the fee imposed in paragraph (a) shall be increased

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

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

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

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

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


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    2002 Legislature                 CS for SB 1272, 3rd Engrossed



  1  of the additional revenues generated by this paragraph shall

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

  3  Enforcement Collection System Trust Fund administered by the

  4  department as provided in subparagraph 2.  These funds shall

  5  be used exclusively for the development, implementation, and

  6  operation of the Clerk of the Court Child Support Enforcement

  7  Collection System to be operated by the depositories,

  8  including the automation of civil case information necessary

  9  for the State Case Registry.  The department shall contract

10  with the Florida Association of Court Clerks and the

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

12  maintain the automation of the depositories to include, but

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

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

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

16  the automation of the depositories is limited to the state

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

18  Support Enforcement Collection System Trust Fund.  Each

19  depository created under this section shall fully participate

20  in the Clerk of the Court Child Support Enforcement Collection

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

22  the contract between the Florida Association of Court Clerks

23  and the department.

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

25  remitted to the department by the depository shall be done

26  daily by electronic funds transfer and calculated as follows:

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

28  cents.

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

30  amount equal to 18.75 percent of the fee charged.

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

  2  cents.

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

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

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

  6  depository.

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

  8  Statutes, is repealed.

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

10  Statutes, is amended to read:

11         61.1826  Procurement of services for State Disbursement

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

13  Registry; contracts and cooperative agreements; penalties;

14  withholding payment.--

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

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

17  participants in the establishment, modification, collection,

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

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

20  Legislature further finds and declares that:

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

22  essential role of the clerks of court in disbursing child

23  support payments and maintaining official records of child

24  support orders entered by the courts of this state.

25         (b)  As official recordkeeper for matters relating to

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

27  parties to obtaining, safeguarding, and providing child

28  support payment and support order information.

29         (c)  As provided by the federal Personal Responsibility

30  and Work Opportunity Reconciliation Act of 1996, the state

31  must establish and operate a State Case Registry in full


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

  2  Disbursement Unit by October 1, 1999.

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

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

  5  support enforcement program and the temporary assistance for

  6  needy families welfare block grant.

  7         (e)  The potential loss of substantial federal funds

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

  9  welfare of the children and citizens of the state and

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

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

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

13  arrearages owed, liens attached, and current mailing addresses

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

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

16  Clerk of Court Child Support Enforcement Collection System for

17  the automation of all payment processing using state and local

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

19         (h)  The Legislature acknowledges the improvements made

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

21  Support Enforcement Collection System in speeding payments to

22  the children of Florida.

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

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

25  providing essential child support payment information.

26

27  For these reasons, the Legislature hereby directs the

28  Department of Revenue, subject to the provisions of subsection

29  (5) (6), to contract with the Florida Association of Court

30  Clerks and each depository to perform duties with respect to

31  the operation and maintenance of a State Disbursement Unit and


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    2002 Legislature                 CS for SB 1272, 3rd Engrossed



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

  2  further provided by this section.

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

  4  61.30, Florida Statutes, is amended to read:

  5         61.30  Child support guidelines; retroactive child

  6  support.--

  7         (1)

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

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

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

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

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

13  modified and any modification shall be made without a

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

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

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

17  warrant a modification.

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

19  120.80, Florida Statutes, is amended to read:

20         120.80  Exceptions and special requirements;

21  agencies.--

22         (14)  DEPARTMENT OF REVENUE.--

23         (c)  Proceedings for administrative child support

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

25  120.57 to the contrary, In proceedings for the establishment

26  of administrative support orders pursuant to s. 409.2563,

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

28  the Division of Administrative Hearings shall be entered by

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

30  Department of Revenue for filing and rendering indexing. The

31  Department of Revenue has the right to seek judicial review


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

  2  law judge.  Administrative support orders rendered pursuant to

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

  4  alternatively, by any method prescribed by law for the

  5  enforcement of judicial support orders, except contempt.

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

  7  Statutes, is amended to read:

  8         409.2557  State agency for administering child support

  9  enforcement program.--

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

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

12  120.54 to implement all laws administered by the department in

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

14  including, but not limited to, the following:

15         (a)  Background screening of department employees and

16  applicants, including criminal records checks;

17         (b)  Confidentiality and retention of department

18  records; access to records; record requests;

19         (c)  Department trust funds;

20         (d)  Federal funding procedures;

21         (e)  Agreements with law enforcement and other state

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

23  Parent Locator Service access;

24         (f)  Written agreements entered into between the

25  department and support obligors in establishment, enforcement,

26  and modification proceedings;

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

28  programs, and demonstration projects;

29         (h)  Management of cases by the department involving

30  any documentation or procedures required by federal or state

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


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  1  adjustment; audits; interstate actions; diligent efforts for

  2  service of process;

  3         (i)  Department procedures for orders for genetic

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

  5  increasing the amount of monthly obligations to secure

  6  delinquent support; suspending or denying driver's and

  7  professional licenses and certificates; fishing and hunting

  8  license suspensions; suspending vehicle and vessel

  9  registrations; screening applicants for new or renewal

10  licenses, registrations, or certificates; income deduction;

11  credit reporting and  accessing; tax refund intercepts;

12  passport denials; liens; financial institution data matches;

13  expedited procedures; medical support; and all other

14  responsibilities of the department as required by state or

15  federal law;

16         (j)  Collection and disbursement of support and alimony

17  payments by the department as required by federal law;

18  collection of genetic testing costs and other costs awarded by

19  the court;

20         (k)  Report information to and receive information from

21  other agencies and entities;

22         (l)  Provide location services, including accessing

23  from and reporting to federal and state agencies;

24         (m)  Privatizing location, establishment, enforcement,

25  modification, and other functions;

26         (n)  State case registry;

27         (o)  State disbursement unit; and

28         (p)  Administrative proceedings to establish

29  child-support obligations; and

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

31  required by state or federal law.


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

  2  (11), and (12), paragraph (c) of subsection (5), paragraph (d)

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

  4  paragraph (a) of subsection (13) of section 409.2563, Florida

  5  Statutes, are amended to read:

  6         409.2563  Pilot program for Administrative

  7  establishment of child support obligations.--

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

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

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

11  section establishing or modifying the obligation of a

12  noncustodial parent to contribute to the support and

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

14  provisions for monetary support, retroactive support, health

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

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

17  in s. 414.0252(11).

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

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

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

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

22  by the clerk or deputy clerk.

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

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

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

26  other information needed to calculate the child support

27  guideline amount under s. 61.30

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

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

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

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


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

  2  which the department is providing child support services

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

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

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

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

  7

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

  9  ss. 61.046 and 409.2554.

10         (2)  PURPOSE AND SCOPE.--

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

12  jurisdiction of the circuit courts to hear and determine

13  issues regarding child support. This section is intended to

14  provide the department with an alternative procedure for

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

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

17  support.

18         (b)  The administrative procedure set forth in this

19  section concerns only the establishment of child support

20  obligations. This section does not grant jurisdiction to the

21  department or the Division of Administrative Hearings to hear

22  or determine issues of dissolution of marriage, separation,

23  alimony or spousal support, termination of parental rights,

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

25  or visitation. This paragraph notwithstanding, the department

26  and the Division of Administrative Hearings may make findings

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

28  a noncustodial parent's support obligation as authorized by

29  this section.

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

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


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    2002 Legislature                 CS for SB 1272, 3rd Engrossed



  1  presumed by law, the department may establish the a

  2  noncustodial parent's child support obligation pursuant to

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

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

  5  department may include any obligation to pay retroactive

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

  7  child, whether through insurance coverage, reimbursement of

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

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

10  provided by ss. 409.2561 and 409.2567;

11         2.  A former recipient of public assistance, as

12  provided by s. 409.2569;

13         3.  An individual who has applied for services as

14  provided by s. 409.2567;

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

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

17  provided by chapter 88.

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

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

20  court having jurisdiction and proper venue to determine the

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

22  support order issued by a circuit court prospectively

23  supersedes an administrative support order rendered by the

24  department.

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

26  nor the Division of Administrative Hearings have jurisdiction

27  to award or change child custody or rights of parental

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

29  a circuit having jurisdiction and proper venue for a

30  determination of child custody and rights of parental contact.

31


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  1         (f) The department shall terminate the administrative

  2  proceeding and file an action in circuit court to determine

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

  4  the noncustodial parent requests in writing that the

  5  department proceed in circuit court or states in writing the

  6  noncustodial parent's intention to address issues concerning

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

  8  10 days after receipt of the department's petition and waiver

  9  of service the noncustodial parent signs and returns the

10  waiver of service form to the department.

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

12  under this section shall be written clearly and plainly.

13         (4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE

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

15  the department shall provide to the custodial parent and serve

16  the noncustodial parent with a notice of proceeding to

17  establish administrative support order and a blank financial

18  affidavit form. The notice must state:

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

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

21  the child or children;

22         (b)  That the department intends to establish an

23  administrative support order as defined in this section;

24         (c)  That both parents must submit a completed

25  financial affidavit to the department within 20 days after

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

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

28  relative if applicable, are required to furnish to the

29  department information regarding their identities and

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

31


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    2002 Legislature                 CS for SB 1272, 3rd Engrossed



  1         (e)  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 to ensure

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

  5  provided by paragraph (13)(c);

  6         (f)  That the department will calculate support

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

  8  and using all available information, as provided by paragraph

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

10  administrative support order;

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

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

13  a copy of the proposed administrative support order, the

14  department's child support worksheet, and any financial

15  affidavits submitted by a parent or prepared by the

16  department;

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

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

19  mailing or other service of the proposed administrative

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

21  request a hearing;

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

23  timely request for hearing after service of the proposed

24  administrative support order, the department will issue an

25  administrative support order that incorporates the findings of

26  the proposed administrative support order, and will send by

27  regular mail a copy of the administrative support order to

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

29         (j)  That after an administrative support order is

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

31  the clerk of the circuit court;


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    ENROLLED

    2002 Legislature                 CS for SB 1272, 3rd Engrossed



  1         (k)  That after an administrative support order is

  2  rendered, the department may enforce the administrative

  3  support order by any lawful means; and

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

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

  6  court having jurisdiction and proper venue to determine the

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

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

  9  administrative support order rendered by the department;.

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

11  Administrative Hearings have jurisdiction to award or change

12  child custody or rights of parental contact and these issues

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

14  noncustodial parent has issues regarding child custody or

15  right of parental contact or requests to proceed in circuit

16  court the noncustodial parent may request in writing that the

17  department proceed in circuit court to determine support.

18  That the noncustodial parent must make such request in writing

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

20  upon such request the department shall send the noncustodial

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

22  waiver of service form.  That the noncustodial parent must

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

24  receipt of the petition at which time the department shall

25  terminate the administrative proceeding and file an action in

26  circuit court to determine support;

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

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

29  petition within 20 days after being served notice under this

30  subsection, the administrative process ends without prejudice

31  and the action must proceed in circuit court;


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    2002 Legislature                 CS for SB 1272, 3rd Engrossed



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

  2  Administrator concerning the availability and location of

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

  4  circuit court but who cannot afford an attorney.

  5

  6  The department may serve the notice of proceeding to establish

  7  administrative support order by certified mail, restricted

  8  delivery, return receipt requested. Alternatively, the

  9  department may serve the notice by any means permitted for

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

11  section, an authorized employee of the department may serve

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

13  certified mail is completed when the certified mail is

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

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

16  than the addressee signs the return receipt, the department

17  shall attempt to reach the addressee by telephone to confirm

18  whether the notice was received, and the department shall

19  document any telephonic communications. If someone other than

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

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

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

23  completed and the department shall attempt to have the

24  addressee served personally. The department shall provide the

25  custodial parent or caretaker relative with a copy of the

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

27  custodial parent or caretaker.

28         (5)  PROPOSED ADMINISTRATIVE SUPPORT ORDER.--

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

30  with the proposed administrative support order, which notice

31  must inform the noncustodial parent that:


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    ENROLLED

    2002 Legislature                 CS for SB 1272, 3rd Engrossed



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

  2  the date of mailing or other service of the proposed

  3  administrative support order, request a hearing by filing a

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

  5  the department;

  6         2.  If the noncustodial parent files a timely request

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

  8  of Administrative Hearings, which shall conduct further

  9  proceedings and may enter an administrative support order;

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

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

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

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

14         4.  The noncustodial parent may consent in writing to

15  entry of an administrative support order without a hearing;

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

17  the date of mailing or other service of the proposed

18  administrative support order, contact a department

19  representative, at the address or telephone number specified

20  in the notice, to informally discuss the proposed

21  administrative support order and, if informal discussions are

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

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

24  the department notifies the noncustodial parent that the

25  informal discussions have been concluded; and

26         6.  If an administrative support order that establishes

27  a noncustodial parent's support obligation is rendered,

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

29  may enforce the administrative support order by any lawful

30  means.

31


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    ENROLLED

    2002 Legislature                 CS for SB 1272, 3rd Engrossed



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

  2  timely request for hearing, the department shall refer the

  3  hearing request to the Division of Administrative Hearings.

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

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

  6  of the proceedings. The administrative law judge shall

  7  consider all available and admissible information and any

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

  9  designated employee or other representative of the department,

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

11  qualified representative at the hearing.

12         (7)  ADMINISTRATIVE SUPPORT ORDER.--

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

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

15  Administrative Hearings shall issue an administrative support

16  order, or a final order denying an administrative support

17  order, which constitutes final agency action by the

18  department. The Division of Administrative Hearings shall

19  transmit any such order to the department for filing and

20  rendering indexing.

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

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

23  to have waived the right to request a hearing.

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

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

26  without a hearing, the department may render an administrative

27  support order.

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

29  of the administrative support order, or the final order

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

31  parent and caretaker relative if applicable. The noncustodial


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    ENROLLED

    2002 Legislature                 CS for SB 1272, 3rd Engrossed



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

  2  of the administrative support order in accordance with s.

  3  120.68.

  4         (e)  An administrative support order must comply with

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

  6  of Administrative Hearings and the chief judge of the circuit

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

  8  standard form or forms for administrative support orders. An

  9  administrative support order must provide and state findings,

10  if applicable, concerning:

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

12  children;

13         2.  The name of the noncustodial parent and the

14  custodial parent or caretaker relative;

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

16  provide support;

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

18  support obligation for each child;

19         5.  Any obligation to pay retroactive support;

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

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

22  coverage, contribution towards the cost of insurance coverage,

23  payment or reimbursement of health care expenses for the

24  child, or any combination thereof;

25         7.  The beginning date of any required monthly payments

26  and health care coverage;

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

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

29         9.  That the parents, or caretaker relative if

30  applicable, must file with the department when the

31  administrative support order is rendered, if they have not


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    2002 Legislature                 CS for SB 1272, 3rd Engrossed



  1  already done so, and update as appropriate the information

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

  3         10.  That both parents, or parent and caretaker

  4  relative if applicable, are required to promptly notify the

  5  department of any change in their mailing addresses pursuant

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

  7         11.  That if the noncustodial parent receives

  8  unemployment compensation benefits, the payor shall withhold,

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

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

11

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

13  incorporated into the administrative support order or, if not

14  incorporated into the administrative support order, the

15  department or the Division of Administrative Hearings shall

16  render a separate income deduction order.

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

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

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

20  certified copy of an administrative support order rendered

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

22  61.181 for the county where the administrative support order

23  has been filed shall:

24         (a)  Act as the official recordkeeper for payments

25  required under the administrative support order;

26         (b)  Establish and maintain the necessary payment

27  accounts;

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

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

30

31


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    2002 Legislature                 CS for SB 1272, 3rd Engrossed



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

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

  3  state.

  4         (9)  COLLECTION ACTION; ENFORCEMENT.--

  5         (d)  An administrative support order rendered under

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

  7  and, until modified by the department or superseded by a court

  8  order, may be enforced:

  9         1.  In any manner permitted for enforcement of a

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

11  contempt; or

12         2.  Pursuant to s. 120.69.

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

14  SUPERSEDING ADMINISTRATIVE SUPPORT ORDER.--

15         (b)  An administrative support order rendered under

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

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

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

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

20  administrative support order, the circuit court may enforce

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

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

23  administrative support order that includes a finding of

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

25  change by the court in the support obligations established in

26  the administrative support order, does not supersede the

27  administrative support order or affect the department's

28  authority to modify the administrative support order as

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

30  requires the noncustodial parent to make periodic payments on

31  arrearages does not constitute a change in the support


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    ENROLLED

    2002 Legislature                 CS for SB 1272, 3rd Engrossed



  1  obligations established in the administrative support order

  2  and does not supersede the administrative order.

  3         (11)  EFFECTIVENESS OF ADMINISTRATIVE SUPPORT

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

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

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

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

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

  9  support order has been rendered:

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

11  enforce or modify the administrative support order;

12         (b)  The administrative support order remains effective

13  until superseded by a subsequent court order; and

14         (c)  The administrative support order may be enforced

15  by the obligee by any means provided by law.

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

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

18  department may modify, suspend, or terminate an administrative

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

20  the requirements for modifications of judicial support orders

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

22  procedures set forth in this section for establishing an

23  administrative support order, as applicable.

24         (13)  REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT

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

26  section:

27         (a)  The noncustodial parent and custodial parent must

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

29  after receipt of the notice of proceeding to establish

30  administrative support order, a financial affidavit in the

31  form prescribed by the department in the Florida Family Law


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    2002 Legislature                 CS for SB 1272, 3rd Engrossed



  1  Rules of Procedure. An updated financial affidavit must be

  2  executed and furnished to the department at the inception of

  3  each proceeding to modify an administrative support order.

  4  Caretaker relatives are not required to furnish financial

  5  affidavits.

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

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

  8         409.25656  Garnishment.--

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

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

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

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

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

14  possessing the credits, other personal property, or debts

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

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

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

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

19  who possesses or controls the securities shall liquidate the

20  securities in a commercially reasonable manner. After

21  liquidation, the person shall transfer to the department the

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

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

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

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

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

27  person who possesses or controls the securities which

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

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

30  instructions for liquidation, the person who possesses or

31  controls the securities shall liquidate the securities in a


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    2002 Legislature                 CS for SB 1272, 3rd Engrossed



  1  commercially reasonable manner and in an amount sufficient to

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

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

  4  the normal course of business, beginning with the securities

  5  purchased most recently. After liquidation, the person who

  6  possesses or controls the securities shall transfer to the

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

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

  9  409.25658, Florida Statutes, are amended to read:

10         409.25658  Use of unclaimed property for past due

11  support.--

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

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

14  cooperation with the Department of Banking and Finance, shall

15  identify persons owing support collected through a court who

16  are presumed to have unclaimed abandoned property held by the

17  Department of Banking and Finance.

18         (2)  The department shall periodically provide the

19  Department of Banking and Finance with an electronic file of

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

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

22  against all apparent owners of unclaimed abandoned property

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

24  department.

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

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

27         409.2576  State Directory of New Hires.--

28         (7)  WAGE WITHHOLDING NOTICE AND NATIONAL MEDICAL

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

30  1998, the Title IV-D agency shall transmit a wage withholding

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


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    2002 Legislature                 CS for SB 1272, 3rd Engrossed



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

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

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

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

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

  6  purposes of the national medical support notice, the support

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

  8  health care coverage. The withholding notice shall direct the

  9  employer to withhold income in accordance with the income

10  deduction order and the national medical support notice shall

11  direct the employer to withhold premiums for health care

12  coverage.

13         Section 14.  Subsection (6) of section 827.06, Florida

14  Statutes, is amended to read:

15         827.06  Nonsupport of dependents.--

16         (6)  Prior to commencing prosecution under this

17  section, the state attorney must notify the person responsible

18  for support by certified mail, return receipt requested, or by

19  using any other means permitted for service of process in a

20  civil action, that a prosecution under this section will be

21  commenced against him or her unless the person pays the total

22  unpaid support obligation or provides a satisfactory

23  explanation as to why he or she has not made such payments.

24         Section 15.  Except as otherwise expressly provided in

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

26

27

28

29

30

31


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