CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 1687
Amendment No. 3 (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Crow offered the following:
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13 Amendment (with title amendment)
14 On page 16, lines 25, through page 17 and line 9,
15 remove: those lines
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17 and insert:
18 (9) COLLECTION ACTION; ENFORCEMENT.--
19 (a) The department may implement an income deduction
20 notice immediately upon rendition of an income deduction
21 order, whether it is incorporated in the administrative
22 support order or rendered separately.
23 (b) The department may initiate other collection
24 action 15 days after the date an administrative support order
25 is rendered under this section.
26 (c) In a subsequent proceeding to enforce an
27 administrative support order, notice of the proceeding that is
28 sent by regular mail to the person's address of record
29 furnished to the department constitutes adequate notice of the
30 proceeding pursuant to paragraph (13)(c).
31 (d) An administrative support order rendered under
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HOUSE AMENDMENT
Bill No. HB 1687
Amendment No. 3 (for drafter's use only)
1 this section has the same force and effect as a court order
2 and, until modified by the department or superseded by a court
3 order, may be enforced:
4 1. In any manner permitted for enforcement of a
5 support order issued by a court of this state, except for
6 contempt; or
7 2. Pursuant to s. 120.69.
8 (10) JUDICIAL REVIEW, ENFORCEMENT, OR COURT ORDER
9 SUPERSEDING ADMINISTRATIVE SUPPORT ORDER.--
10 (a) A noncustodial parent has the right to seek
11 judicial review of an administrative support order or a final
12 order denying an administrative support order in accordance
13 with s. 120.68. The department has the right to seek judicial
14 review, in accordance with s. 120.68, of an administrative
15 support order or a final order denying an administrative
16 support order entered by an administrative law judge of the
17 Division of Administrative Hearings.
18 (b) An administrative support order rendered under
19 this section has the same force and effect as a court order
20 and may be enforced by any circuit court in the same manner as
21 a support order issued by the court, except for contempt. If
22 the circuit court issues its own order based on enforcing the
23 administrative support order, the circuit court may enforce
24 its own order by contempt. The presumption of ability to pay
25 and purge contempt established in s. 61.14(5)(a) applies to an
26 administrative support order that includes a finding of
27 present ability to pay. Enforcement by the court, without any
28 change by the court in the support obligations established in
29 the administrative support order, does not supersede the
30 administrative support order or affect the department's
31 authority to modify the administrative support order as
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HOUSE AMENDMENT
Bill No. HB 1687
Amendment No. 3 (for drafter's use only)
1 provided by subsection (12). An order by the court that
2 requires the noncustodial parent to make periodic payments on
3 arrearages does not constitute a change in the support
4 obligations established in the administrative support order
5 and does not supersede the administrative support order.
6 (c) A circuit court of this state, where venue is
7 proper and the court has jurisdiction of the parties, may
8 enter an order prospectively changing the support obligations
9 established in an administrative support order, in which case
10 the administrative support order is superseded and the court's
11 order shall govern future proceedings in the case. Any unpaid
12 support owed under the superseded administrative support order
13 may not be retroactively modified by the circuit court, except
14 as provided by s. 61.14(1)(a), and remains enforceable by the
15 department, by the obligee, or by the court. In all cases in
16 which an administrative support order is superseded, the court
17 shall determine the amount of any unpaid support owed under
18 the administrative support order and shall include the amount
19 as arrearage in its superseding order.
20 (11) EFFECTIVENESS OF ADMINISTRATIVE SUPPORT
21 ORDER.--An administrative support order rendered under this
22 section has the same force and effect as a court order and
23 remains in effect until modified by the department, vacated on
24 appeal, or superseded by a subsequent court order. If the
25 department closes a Title IV-D case in which an administrative
26 support order has been rendered:
27 (a) The department shall t ke no further action to
28 enforce or modify the administrative support order;
29 (b) The administrative support order remains effective
30 until superseded by a subsequent court order; and
31 (c) The administrative support order may be enforced
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HOUSE AMENDMENT
Bill No. HB 1687
Amendment No. 3 (for drafter's use only)
1 by the obligee by any means provided by law.
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5 And the title is amended as follows:
6 On page 1, line 28, after the semicolon,
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8 insert:
9 providing for an administrative order to have
10 the same force and effect as a court order;
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File original & 9 copies 02/26/02
hri0001 02:52 pm 01687-0049-525049