House Bill hb1687e1
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HB 1687, First Engrossed
1 A bill to be entitled
2 An act relating to child support enforcement;
3 amending s. 61.046, F.S.; defining "national
4 medical support notice"; amending s. 61.13,
5 F.S.; revising procedures for enforcement of
6 the health care coverage requirements of child
7 support orders; providing for use of the
8 national medical support notice; providing
9 responsibilities of the obligor's union,
10 employer, or health plan administrator upon
11 receipt of such notice; providing limitations
12 on withholding in compliance with a support
13 order; amending ss. 61.14 and 61.30, F.S.;
14 providing procedures for modification of child
15 support orders after Department of Revenue
16 review finds certain deviation from the child
17 support guidelines; amending s. 61.181, F.S.;
18 continuing the increased fee charged to child
19 support obligors by the State Disbursement
20 Unit; amending s. 61.1826, F.S.; correcting a
21 cross reference; amending s. 120.80, F.S.;
22 providing for immediate judicial review of any
23 such order; providing for enforcement; amending
24 s. 409.2557, F.S.; authorizing the Department
25 of Revenue to adopt rules for administrative
26 proceedings to establish child-support
27 obligations; amending s. 409.2563, F.S.;
28 revising the pilot program for administrative
29 establishment of child-support obligations;
30 providing process for optional pursuit of
31 judicial process; providing for the withholding
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HB 1687, First Engrossed
1 of a specified portion of a noncustodial
2 parent's unemployment compensation; authorizing
3 the Division of Administrative Hearings to
4 render an income deduction order; providing for
5 the use of a financial affidavit as prescribed
6 by the department; amending s. 409.25656, F.S.;
7 providing for liquidation of securities to
8 satisfy past due or overdue child support;
9 amending s. 409.25658, F.S., relating to use of
10 unclaimed property for past due child support;
11 amending s. 409.2576, F.S.; providing for
12 notice to an obligor's employer to withhold
13 premiums for health care coverage pursuant to
14 the national medical support notice; amending
15 s. 827.06, F.S., providing for additional means
16 of service of process; repealing s. 61.1826(5),
17 F.S., relating to performance reviews of the
18 State Disbursement Unit and the State Case
19 Registry; providing effective dates.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Subsections (10) through (19) of section
24 61.046, Florida Statutes, are renumbered as subsections (11)
25 through (20), respectively, and a new subsection (10) is added
26 to said section to read:
27 61.046 Definitions.--As used in this chapter:
28 (10) "National medical support notice" means the
29 notice required by 42 U.S.C. s. 666(a)(19).
30 Section 2. Paragraph (b) of subsection (1) of section
31 61.13, Florida Statutes, is amended to read:
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HB 1687, First Engrossed
1 61.13 Custody and support of children; visitation
2 rights; power of court in making orders.--
3 (1)
4 (b) Each order for child support shall contain a
5 provision for health care coverage insurance for the minor
6 child when the coverage insurance is reasonably available.
7 Coverage Insurance is reasonably available if either the
8 obligor or obligee has access at a reasonable rate to a group
9 health plan insurance. The court may require the obligor
10 either to provide health care insurance coverage or to
11 reimburse the obligee for the cost of health care insurance
12 coverage for the minor child when coverage is provided by the
13 obligee. In either event, the court shall apportion the cost
14 of coverage, and any noncovered medical, dental, and
15 prescription medication expenses of the child, to both parties
16 by adding the cost to the basic obligation determined pursuant
17 to s. 61.30(6). The court may order that payment of uncovered
18 medical, dental, and prescription medication expenses of the
19 minor child be made directly to the obligee payee on a
20 percentage basis.
21 1. In a non-Title IV-D case, a copy of the court order
22 for health care insurance coverage shall be served on the
23 obligor's payor or union or employer by the obligee or the
24 IV-D agency when the following conditions are met:
25 a. The obligor fails to provide written proof to the
26 obligee or the IV-D agency within 30 days after of receiving
27 effective notice of the court order, that the health care
28 coverage insurance has been obtained or that application for
29 coverage insurability has been made.;
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31
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HB 1687, First Engrossed
1 b. The obligee or IV-D agency serves written notice of
2 its intent to enforce health care coverage medical support on
3 the obligor by mail at the obligor's last known address.; and
4 c. The obligor fails within 15 days after the mailing
5 of the notice to provide written proof to the obligee or the
6 IV-D agency that the health care insurance coverage existed as
7 of the date of mailing.
8 2.a. Support orders being enforced under Title IV-D of
9 the Social Security Act that require the obligor to provide
10 health care coverage are enforceable by the department through
11 the use of the national medical support notice without the
12 need for any amendment to the support order. The department
13 shall transfer the national medical support notice to the
14 obligor's union or employer. The department shall notify the
15 obligor in writing that the national medical support notice
16 has been sent to the obligor's union or employer, and the
17 written notification shall include the obligor's rights and
18 duties under the national medical support notice. The obligor
19 has the right to contest the withholding required by the
20 national medical support notice based on a mistake of fact.
21 To contest, the obligor must file a written notice of contest
22 with the department within 15 business days after the date of
23 the national medical support notice. Filing with the
24 department shall be deemed complete when the notice is
25 received by the person designated by the department in the
26 written notification. The notice of contest must be in the
27 form prescribed by the department. Upon the timely filing of a
28 notice of contest, the department shall, within 5 business
29 days, schedule an informal conference with the obligor to
30 discuss the obligor's factual dispute. If the informal
31 conference resolves the dispute to the obligor's satisfaction,
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1 or if the obligor fails to attend the informal conference, the
2 notice of contest shall be deemed withdrawn. If the informal
3 conference does not resolve the dispute, the obligor has the
4 right to request an administrative hearing pursuant to chapter
5 120 within 5 business days after the termination of the
6 informal conference in a form and manner prescribed by the
7 department. However, the filing of a notice of contest by the
8 obligor does not delay the withholding of premium payments by
9 the union, employer, or health plan administrator. The union,
10 employer, or health plan administrator must implement the
11 withholding as directed by the national medical support notice
12 unless notified by the department that the national medical
13 support notice is terminated. In cases in which the
14 noncustodial parent provides health care coverage and the
15 noncustodial parent changes employment and the new employer
16 provides health care coverage, the IV-D agency shall transfer
17 notice of the provision to the employer, which notice shall
18 operate to enroll the child in the noncustodial parent's
19 health plan, unless the noncustodial parent contests the
20 notice. Notice to enforce medical coverage under this section
21 shall be served by the IV-D agency upon the obligor by mail at
22 the obligor's last known address. The obligor shall have 15
23 days from the date of mailing of the notice to contest the
24 notice with the IV-D agency.
25 b. In a Title IV-D case, the department shall notify
26 the union or employer if the obligation to provide health care
27 coverage through that union or employer is terminated.
28 3. In a non-Title IV-D case, upon receipt of the order
29 pursuant to subparagraph 1. or the notice pursuant to
30 subparagraph 2., or upon application of the obligor pursuant
31 to the order, the payor, union, or employer shall enroll the
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1 minor child as a beneficiary in the group health insurance
2 plan without regard to any enrollment season restrictions and
3 withhold any required premium from the obligor's income. If
4 more than one plan is offered by the payor, union, or
5 employer, the child shall be enrolled in the group health
6 insurance plan in which the obligor is enrolled.
7 4.a. In a Title IV-D case, upon receipt of the
8 national medical support notice pursuant to subparagraph 2.,
9 the union or employer shall transfer the notice to the
10 appropriate group health plan administrator within 20 business
11 days after the date of the notice. The plan administrator
12 must enroll the child as a beneficiary in the group health
13 plan without regard to any enrollment season restriction, and
14 the employer must withhold any required premium from the
15 obligor's income upon notification by the plan administrator
16 that the child is enrolled. The child shall be enrolled in
17 the group health plan in which the obligor is enrolled. If
18 the group health plan in which the obligor is enrolled is not
19 available where the child resides, or if the obligor is not
20 enrolled in group coverage, the child shall be enrolled in the
21 lowest cost group health plan that is available where the
22 child resides.
23 b. In a Title IV-D case, when health care coverage or
24 the obligor's employment is terminated, the union or employer
25 who is withholding premiums for health care coverage due to a
26 national medical support notice shall notify the department
27 within 20 days after the termination and provide the obligor's
28 last known address and the name and address of the obligor's
29 new employer, if known.
30 5.a. Amounts withheld by unions or employers in
31 compliance with support orders shall not exceed the amount
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1 allowed under s. 303(b) of the Consumer Credit Protection Act,
2 15 U.S.C. s. 1673(b), as amended. The union or employer shall
3 withhold the maximum amount allowed by the Consumer Credit
4 Protection Act in the following order:
5 (I) Current support, as ordered.
6 (II) Premium payments for health care coverage, as
7 ordered.
8 (III) Past due support, as ordered.
9 (IV) Other medical support or coverage, as ordered.
10 b. If the combined amount to be withheld for current
11 support plus the premium payment for health care coverage
12 exceeds the amount allowed under the Consumer Credit
13 Protection Act, and the health care coverage cannot be
14 obtained unless the full amount of the premium is paid, the
15 union or employer shall not withhold the premium payment.
16 However, the union or employer shall withhold the maximum
17 amount allowed in the following order:
18 (I) Current support, as ordered.
19 (II) Past due support, as ordered.
20 (III) Other medical support or coverage, as ordered.
21 6.4. The Department of Revenue shall have the
22 authority to adopt rules to implement the child support
23 enforcement provisions of this section that affect Title IV-D
24 cases.
25 Section 3. Effective upon this act becoming a law,
26 paragraph (b) of subsection (1) of section 61.14, Florida
27 Statutes, is amended to read:
28 61.14 Enforcement and modification of support,
29 maintenance, or alimony agreements or orders.--
30 (1)
31
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1 (b) For support orders reviewed by the department as
2 required by s. 409.2564(12), if the amount of the child
3 support award under the order differs by at least 10 percent
4 but not less than $25 from the amount that would be awarded
5 under s. 61.30, the department shall seek to have the order
6 modified and any modification shall be made without a
7 requirement for proof or showing of a change in circumstances.
8 In Title IV-D cases reviewed pursuant to the 3-year review and
9 adjustment cycle, no substantial change of circumstance need
10 be proven to warrant a modification.
11 Section 4. Paragraph (b) of subsection (2) of section
12 61.181, Florida Statutes, is amended to read:
13 61.181 Depository for alimony transactions, support,
14 maintenance, and support payments; fees.--
15 (b)1. For the period of July 1, 1992, through June 30,
16 2003 2002, the fee imposed in paragraph (a) shall be increased
17 to 4 percent of the support payments which the party is
18 obligated to pay, except that no fee shall be more than $5.25.
19 The fee shall be considered by the court in determining the
20 amount of support that the obligor is, or may be, required to
21 pay. Notwithstanding the provisions of s. 145.022, 75 percent
22 of the additional revenues generated by this paragraph shall
23 be remitted monthly to the Clerk of the Court Child Support
24 Enforcement Collection System Trust Fund administered by the
25 department as provided in subparagraph 2. These funds shall
26 be used exclusively for the development, implementation, and
27 operation of the Clerk of the Court Child Support Enforcement
28 Collection System to be operated by the depositories,
29 including the automation of civil case information necessary
30 for the State Case Registry. The department shall contract
31 with the Florida Association of Court Clerks and the
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HB 1687, First Engrossed
1 depositories to design, establish, operate, upgrade, and
2 maintain the automation of the depositories to include, but
3 not be limited to, the provision of on-line electronic
4 transfer of information to the IV-D agency as otherwise
5 required by this chapter. The department's obligation to fund
6 the automation of the depositories is limited to the state
7 share of funds available in the Clerk of the Court Child
8 Support Enforcement Collection System Trust Fund. Each
9 depository created under this section shall fully participate
10 in the Clerk of the Court Child Support Enforcement Collection
11 System and transmit data in a readable format as required by
12 the contract between the Florida Association of Court Clerks
13 and the department.
14 2. No later than December 31, 1996, Moneys to be
15 remitted to the department by the depository shall be done
16 daily by electronic funds transfer and calculated as follows:
17 a. For each support payment of less than $33, 18.75
18 cents.
19 b. For each support payment between $33 and $140, an
20 amount equal to 18.75 percent of the fee charged.
21 c. For each support payment in excess of $140, 18.75
22 cents.
23 3. The fees established by this section shall be set
24 forth and included in every order of support entered by a
25 court of this state which requires payment to be made into the
26 depository.
27 Section 5. Subsection (1) of section 61.1826, Florida
28 Statutes, is amended to read:
29 61.1826 Procurement of services for State Disbursement
30 Unit and the non-Title IV-D component of the State Case
31
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HB 1687, First Engrossed
1 Registry; contracts and cooperative agreements; penalties;
2 withholding payment.--
3 (1) LEGISLATIVE FINDINGS.--The Legislature finds that
4 the clerks of court play a vital role, as essential
5 participants in the establishment, modification, collection,
6 and enforcement of child support, in securing the health,
7 safety, and welfare of the children of this state. The
8 Legislature further finds and declares that:
9 (a) It is in the state's best interest to preserve the
10 essential role of the clerks of court in disbursing child
11 support payments and maintaining official records of child
12 support orders entered by the courts of this state.
13 (b) As official recordkeeper for matters relating to
14 court-ordered child support, the clerks of court are necessary
15 parties to obtaining, safeguarding, and providing child
16 support payment and support order information.
17 (c) As provided by the federal Personal Responsibility
18 and Work Opportunity Reconciliation Act of 1996, the state
19 must establish and operate a State Case Registry in full
20 compliance with federal law by October 1, 1998, and a State
21 Disbursement Unit by October 1, 1999.
22 (d) Noncompliance with federal law could result in a
23 substantial loss of federal funds for the state's child
24 support enforcement program and the temporary assistance for
25 needy families welfare block grant.
26 (e) The potential loss of substantial federal funds
27 poses a direct and immediate threat to the health, safety, and
28 welfare of the children and citizens of the state and
29 constitutes an emergency for purposes of s. 287.057(4)(a).
30 (f) The clerks of court maintain the official payment
31 record of the court for amounts received, payments credited,
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1 arrearages owed, liens attached, and current mailing addresses
2 of all parties, payor, obligor, and payee.
3 (g) The clerks of court have established a statewide
4 Clerk of Court Child Support Enforcement Collection System for
5 the automation of all payment processing using state and local
6 government funds as provided under s. 61.181(2)(b)1.
7 (h) The Legislature acknowledges the improvements made
8 by and the crucial role of the Clerk of the Court Child
9 Support Enforcement Collection System in speeding payments to
10 the children of Florida.
11 (i) There is no viable alternative to continuing the
12 role of the clerks of court in collecting, safeguarding, and
13 providing essential child support payment information.
14
15 For these reasons, the Legislature hereby directs the
16 Department of Revenue, subject to the provisions of subsection
17 (5)(6), to contract with the Florida Association of Court
18 Clerks and each depository to perform duties with respect to
19 the operation and maintenance of a State Disbursement Unit and
20 the non-Title IV-D component of the State Case Registry as
21 further provided by this section.
22 Section 6. Effective upon this act becoming a law,
23 paragraph (c) of subsection (1) of section 61.30, Florida
24 Statutes, is amended to read:
25 61.30 Child support guidelines; retroactive child
26 support.--
27 (1)
28 (c) For support orders reviewed by the department as
29 required by s. 409.2564(12), if the amount of the child
30 support award under the order differs by at least 10 percent
31 but not less than $25 from the amount that would be awarded
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1 under this section, the department shall seek to have the
2 order modified and any modification shall be made without a
3 requirement for proof or showing of a change in circumstances.
4 In Title IV-D cases reviewed pursuant to the 3-year review and
5 adjustment cycle, no change of circumstance need be proven to
6 warrant a modification.
7 Section 7. Paragraph (c) of subsection (14) of section
8 120.80, Florida Statutes, is amended to read:
9 120.80 Exceptions and special requirements;
10 agencies.--
11 (14) DEPARTMENT OF REVENUE.--
12 (c) Proceedings for administrative child support
13 orders.--Notwithstanding the provisions of s. 120.569 or s.
14 120.57 to the contrary, In proceedings for the establishment
15 of administrative support orders pursuant to s. 409.2563,
16 final orders in cases referred by the Department of Revenue to
17 the Division of Administrative Hearings shall be entered by
18 the division's administrative law judge and transmitted to the
19 Department of Revenue for filing and rendering indexing. The
20 Department of Revenue has the right to seek judicial review
21 under s. 120.68 of a final order entered by an administrative
22 law judge. Administrative support orders rendered pursuant to
23 s. 409.2563 may be enforced pursuant to s. 120.69 or,
24 alternatively, by any method prescribed by law for the
25 enforcement of judicial support orders, except contempt.
26 Section 8. Subsection (3) of section 409.2557, Florida
27 Statutes, is amended to read:
28 409.2557 State agency for administering child support
29 enforcement program.--
30 (3) SPECIFIC RULEMAKING AUTHORITY.--The department has
31 the authority to adopt rules pursuant to ss. 120.536(1) and
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1 120.54 to implement all laws administered by the department in
2 its capacity as the Title IV-D agency for this state
3 including, but not limited to, the following:
4 (a) Background screening of department employees and
5 applicants, including criminal records checks;
6 (b) Confidentiality and retention of department
7 records; access to records; record requests;
8 (c) Department trust funds;
9 (d) Federal funding procedures;
10 (e) Agreements with law enforcement and other state
11 agencies; National Crime Information Center (NCIC) access;
12 Parent Locator Service access;
13 (f) Written agreements entered into between the
14 department and support obligors in establishment, enforcement,
15 and modification proceedings;
16 (g) Procurement of services by the department, pilot
17 programs, and demonstration projects;
18 (h) Management of cases by the department involving
19 any documentation or procedures required by federal or state
20 law, including but not limited to, cooperation; review and
21 adjustment; audits; interstate actions; diligent efforts for
22 service of process;
23 (i) Department procedures for orders for genetic
24 testing; subpoenas to establish, enforce, or modify orders;
25 increasing the amount of monthly obligations to secure
26 delinquent support; suspending or denying driver's and
27 professional licenses and certificates; fishing and hunting
28 license suspensions; suspending vehicle and vessel
29 registrations; screening applicants for new or renewal
30 licenses, registrations, or certificates; income deduction;
31 credit reporting and accessing; tax refund intercepts;
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1 passport denials; liens; financial institution data matches;
2 expedited procedures; medical support; and all other
3 responsibilities of the department as required by state or
4 federal law;
5 (j) Collection and disbursement of support and alimony
6 payments by the department as required by federal law;
7 collection of genetic testing costs and other costs awarded by
8 the court;
9 (k) Report information to and receive information from
10 other agencies and entities;
11 (l) Provide location services, including accessing
12 from and reporting to federal and state agencies;
13 (m) Privatizing location, establishment, enforcement,
14 modification, and other functions;
15 (n) State case registry;
16 (o) State disbursement unit; and
17 (p) Administrative proceedings to establish
18 child-support obligations; and
19 (q)(p) All other responsibilities of the department as
20 required by state or federal law.
21 Section 9. Subsections (1), (2), (4), (6), (7), (8),
22 (11), paragraph (c) of subsection (5), paragraph (d) of
23 subsection (9), paragraph (b) of subsection (10), and
24 paragraph (a) of subsection (13) of Section 409.2563, Florida
25 Statutes, are amended to read:
26 409.2563 Pilot program for Administrative
27 establishment of child support obligations.--
28 (1) DEFINITIONS.--As used in this section, the term:
29 (a) "Administrative support order" means a final order
30 rendered by or on behalf of the department pursuant to this
31 section establishing or modifying the obligation of a
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1 noncustodial parent to contribute to the support and
2 maintenance of his or her child or children, which may include
3 provisions for monetary support, retroactive support, health
4 care, and other elements of support pursuant to chapter 61.
5 (b) "Caretaker relative" has the same meaning ascribed
6 in s. 414.0252(11).
7 (c) "Filed" means a document has been received and
8 accepted for filing at the offices of the department by the
9 clerk or any authorized deputy clerk of the department. The
10 date of filing must be indicated on the face of the document
11 by the clerk or deputy clerk.
12 (d) "Financial affidavit" means an affidavit or
13 written declaration as provided by s. 92.525(2) which shows an
14 individual's income, allowable deductions, net income, and
15 other information needed to calculate the child support
16 guideline amount under s. 61.30
17 (e)(d) "Rendered" means that a signed written order is
18 filed with the clerk or any deputy clerk of the department and
19 served on the respondent. The date of filing must be indicated
20 on the face of the order at the time of rendition.
21 (f)(e) "Title IV-D case" means a case or proceeding in
22 which the department is providing child support services
23 within the scope of Title IV-D of the Social Security Act, 42
24 U.S.C. ss. 651 et seq.
25 (g)(f) "Retroactive support" means a child support
26 obligation established pursuant to s. 61.30(17).
27
28 Other terms used in this section have the meanings ascribed in
29 ss. 61.046 and 409.2554.
30 (2) PURPOSE AND SCOPE.--
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1 (a) It is not the Legislature's intent to limit the
2 jurisdiction of the circuit courts to hear and determine
3 issues regarding child support. This section is intended to
4 provide the department with an alternative procedure for
5 establishing child support obligations in Title IV-D cases in
6 a fair and expeditious manner when there is no court order of
7 support.
8 (b) The administrative procedure set forth in this
9 section concerns only the establishment of child support
10 obligations. This section does not grant jurisdiction to the
11 department or the Division of Administrative Hearings to hear
12 or determine issues of dissolution of marriage, separation,
13 alimony or spousal support, termination of parental rights,
14 dependency, disputed paternity, award of or change of custody,
15 or visitation. This paragraph notwithstanding, the department
16 and the Division of Administrative Hearings may make findings
17 of fact that which are necessary for a proper determination of
18 a noncustodial parent's support obligation as authorized by
19 this section.
20 (c) If there is no support order for a child in a
21 Title IV-D case whose paternity has been established or is
22 presumed by law, the department may establish the a
23 noncustodial parent's child support obligation pursuant to
24 this section, s. 61.30, and other relevant provisions of state
25 law. The noncustodial parent's obligation determined by the
26 department may include any obligation to pay retroactive
27 support and any obligation to provide for health care for a
28 child, whether through insurance coverage, reimbursement of
29 expenses, or both. The department may proceed on behalf of:
30 1. An applicant or recipient of public assistance, as
31 provided by ss. 409.2561 and 409.2567;
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1 2. A former recipient of public assistance, as
2 provided by s. 409.2569;
3 3. An individual who has applied for services as
4 provided by s. 409.2567;
5 4. Itself or the child, as provided by s. 409.2561; or
6 5. A state or local government of another state, as
7 provided by chapter 88.
8 (d) Either parent, or a caretaker relative if
9 applicable, may at any time file a civil action in a circuit
10 court having jurisdiction and proper venue to determine the
11 noncustodial parent's child support obligations, if any. A
12 support order issued by a circuit court prospectively
13 supersedes an administrative support order rendered by the
14 department.
15 (e) Pursuant to paragraph (b), neither the department
16 nor the Division of Administrative Hearings have jurisdiction
17 to award or change child custody or rights of parental
18 contact. Either parent may at any time file a civil action in
19 a circuit having jurisdiction and proper venue for a
20 determination of child custody and rights of parental contact.
21 (f) The department shall terminate the administrative
22 proceeding and file an action in circuit court to determine
23 support if within 20 days after receipt of the initial notice
24 the noncustodial parent requests in writing that the
25 department proceed in circuit court or states in writing the
26 noncustodial parent's intention to address issues concerning
27 custody or rights to parental contact in court and if within
28 10 days after receipt of the department's petition and waiver
29 of service the noncustodial parent signs and returns the
30 waiver of service form to the department.
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1 (g) The notices and orders issued by the department
2 under this section shall be written clearly and plainly.
3 (4) NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
4 SUPPORT ORDER.--To commence a proceeding under this section,
5 the department shall provide to the custodial parent and serve
6 the noncustodial parent with a notice of proceeding to
7 establish administrative support order and a blank financial
8 affidavit form. The notice must state:
9 (a) The names of both parents, the name of the
10 caretaker relative, if any, and the name and date of birth of
11 the child or children;
12 (b) That the department intends to establish an
13 administrative support order as defined in this section;
14 (c) That both parents must submit a completed
15 financial affidavit to the department within 20 days after
16 receiving the notice, as provided by paragraph (13)(a);
17 (d) That both parents, or parent and caretaker
18 relative if applicable, are required to furnish to the
19 department information regarding their identities and
20 locations, as provided by paragraph (13)(b);
21 (e) That both parents, or parent and caretaker
22 relative if applicable, are required to promptly notify the
23 department of any change in their mailing addresses to ensure
24 receipt of all subsequent pleadings, notices, and orders, as
25 provided by paragraph (13)(c);
26 (f) That the department will calculate support
27 obligations based on the child support guidelines in s. 61.30
28 and using all available information, as provided by paragraph
29 (5)(a), and will incorporate such obligations into a proposed
30 administrative support order;
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1 (g) That the department will send by regular mail to
2 both parents, or parent and caretaker relative if applicable,
3 a copy of the proposed administrative support order, the
4 department's child support worksheet, and any financial
5 affidavits submitted by a parent or prepared by the
6 department;
7 (h) That the noncustodial parent may file a request
8 for a hearing in writing within 20 days after the date of
9 mailing or other service of the proposed administrative
10 support order or will be deemed to have waived the right to
11 request a hearing;
12 (i) That if the noncustodial parent does not file a
13 timely request for hearing after service of the proposed
14 administrative support order, the department will issue an
15 administrative support order that incorporates the findings of
16 the proposed administrative support order, and will send by
17 regular mail a copy of the administrative support order to
18 both parents, or parent and caretaker relative if applicable;
19 (j) That after an administrative support order is
20 rendered, the department will file a copy of the order with
21 the clerk of the circuit court;
22 (k) That after an administrative support order is
23 rendered, the department may enforce the administrative
24 support order by any lawful means; and
25 (l) That either parent, or caretaker relative if
26 applicable, may file at any time a civil action in a circuit
27 court having jurisdiction and proper venue to determine the
28 noncustodial parent's child support obligations, if any, and
29 that a support order issued by a circuit court supersedes an
30 administrative support order rendered by the department;.
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1 (m) That, neither the department nor the Division of
2 Administrative Hearings have jurisdiction to award or change
3 child custody or rights of parental contact and these issues
4 may only be addressed in circuit court. That if the
5 noncustodial parent has issues regarding child custody or
6 right of parental contact or requests to proceed in circuit
7 court the noncustodial parent may request in writing that the
8 department proceed in circuit court to determine support.
9 That the noncustodial parent must make such request in writing
10 within 20 days after receipt of the initial notice. That
11 upon such request the department shall send the noncustodial
12 parent by regular mail a copy of the department's petition and
13 waiver of service form. That the noncustodial parent must
14 sign and return the waiver of service form, within 10 days of
15 receipt of the petition at which time the department shall
16 terminate the administrative proceeding and file an action in
17 circuit court to determine support;
18 (n) That if the noncustodial parent files an action in
19 circuit court and serves the department with a copy of the
20 petition within 20 days after being served notice under this
21 subsection, the administrative process ends without prejudice
22 and the action must proceed in circuit court;
23 (o) Information provided by the Office of State Courts
24 Administrator concerning the availability and location of
25 self-help programs for those who wish to file an action in
26 circuit court but who cannot afford an attorney.
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28 The department may serve the notice of proceeding to establish
29 administrative support order by certified mail, restricted
30 delivery, return receipt requested. Alternatively, the
31 department may serve the notice by any means permitted for
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HB 1687, First Engrossed
1 service of process in a civil action. For purposes of this
2 section, an authorized employee of the department may serve
3 the notice and execute an affidavit of service. Service by
4 certified mail is completed when the certified mail is
5 received or refused by the addressee or by an authorized agent
6 as designated by the addressee in writing. If a person other
7 than the addressee signs the return receipt, the department
8 shall attempt to reach the addressee by telephone to confirm
9 whether the notice was received, and the department shall
10 document any telephonic communications. If someone other than
11 the addressee signs the return receipt, the addressee does not
12 respond to the notice, and the department is unable to confirm
13 that the addressee has received the notice, service is not
14 completed and the department shall attempt to have the
15 addressee served personally. The department shall provide the
16 custodial parent or caretaker relative with a copy of the
17 notice by regular mail to the last known address of the
18 custodial parent or caretaker.
19 (5) PROPOSED ADMINISTRATIVE SUPPORT ORDER.--
20 (c) The department shall provide a notice of rights
21 with the proposed administrative support order, which notice
22 must inform the noncustodial parent that:
23 1. The noncustodial parent may, within 20 days after
24 the date of mailing or other service of the proposed
25 administrative support order, request a hearing by filing a
26 written request for hearing in a form and manner specified by
27 the department;
28 2. If the noncustodial parent files a timely request
29 for a hearing, the case shall be transferred to the Division
30 of Administrative Hearings, which shall conduct further
31 proceedings and may enter an administrative support order;
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HB 1687, First Engrossed
1 3. A noncustodial parent who fails to file a timely
2 request for a hearing shall be deemed to have waived the right
3 to a hearing, and the department may render an administrative
4 support order pursuant to paragraph (7)(b);
5 4. The noncustodial parent may consent in writing to
6 entry of an administrative support order without a hearing;
7 5. The noncustodial parent may, within 10 days after
8 the date of mailing or other service of the proposed
9 administrative support order, contact a department
10 representative, at the address or telephone number specified
11 in the notice, to informally discuss the proposed
12 administrative support order and, if informal discussions are
13 requested timely and held within a reasonable time, the time
14 for requesting a hearing will be extended until 10 days after
15 the department notifies the noncustodial parent that the
16 informal discussions have been concluded; and
17 6. If an administrative support order that establishes
18 a noncustodial parent's support obligation is rendered,
19 whether after a hearing or without a hearing, the department
20 may enforce the administrative support order by any lawful
21 means.
22 (6) HEARING.--If the noncustodial parent files a
23 timely request for hearing, the department shall refer the
24 hearing request to the Division of Administrative Hearings.
25 Unless otherwise provided by this section, chapter 120 and the
26 division's Uniform Rules of Procedure shall govern the conduct
27 of the proceedings. The administrative law judge shall
28 consider all available and admissible information and any
29 presumptions that apply as provided by paragraph (5)(a). A
30 designated employee or other representative of the department,
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HB 1687, First Engrossed
1 who need not be an attorney, may represent the department as a
2 qualified representative at the hearing.
3 (7) ADMINISTRATIVE SUPPORT ORDER.--
4 (a) If a hearing is held, notwithstanding ss. 120.569
5 and 120.57, the administrative law judge of the Division of
6 Administrative Hearings shall issue an administrative support
7 order, or a final order denying an administrative support
8 order, which constitutes final agency action by the
9 department. The Division of Administrative Hearings shall
10 transmit any such order to the department for filing and
11 rendering indexing.
12 (b) If the noncustodial parent does not file a timely
13 request for a hearing, the noncustodial parent will be deemed
14 to have waived the right to request a hearing.
15 (c) If the noncustodial parent waives the right to a
16 hearing, or consents in writing to the entry of an order
17 without a hearing, the department may render an administrative
18 support order.
19 (d) The department shall send by regular mail a copy
20 of the administrative support order, or the final order
21 denying an administrative support order, to both parents, or a
22 parent and caretaker relative if applicable. The noncustodial
23 parent shall be notified of the right to seek judicial review
24 of the administrative support order in accordance with s.
25 120.68.
26 (e) An administrative support order must comply with
27 s. 61.30. The department, after consultation with the Division
28 of Administrative Hearings and the chief judge of the circuit
29 in which the pilot program is located, shall develop a
30 standard form or forms for administrative support orders. An
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HB 1687, First Engrossed
1 administrative support order must provide and state findings,
2 if applicable, concerning:
3 1. The full name and date of birth of the child or
4 children;
5 2. The name of the noncustodial parent and the
6 custodial parent or caretaker relative;
7 3. The noncustodial parent's duty and ability to
8 provide support;
9 4. The amount of the noncustodial parent's monthly
10 support obligation for each child;
11 5. Any obligation to pay retroactive support;
12 6. The noncustodial parent's obligation to provide for
13 the health care needs of each child, whether through insurance
14 coverage, contribution towards the cost of insurance coverage,
15 payment or reimbursement of health care expenses for the
16 child, or any combination thereof;
17 7. The beginning date of any required monthly payments
18 and health care coverage;
19 8. That all support payments ordered must be paid to
20 the Florida State Disbursement Unit as provided by s. 61.1824;
21 9. That the parents, or caretaker relative if
22 applicable, must file with the department when the
23 administrative support order is rendered, if they have not
24 already done so, and update as appropriate the information
25 required pursuant to paragraph (13)(b); and
26 10. That both parents, or parent and caretaker
27 relative if applicable, are required to promptly notify the
28 department of any change in their mailing addresses pursuant
29 to paragraph (13)(c); and.
30 11. That if the noncustodial parent receives
31 unemployment compensation benefits, the payor shall withhold,
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HB 1687, First Engrossed
1 and transmit to the department, 40 percent of the benefits for
2 payment of support, not to exceed the amount owed.
3
4 An income deduction order as provided by s. 61.1301 must be
5 incorporated into the administrative support order or, if not
6 incorporated into the administrative support order, the
7 department or the Division of Administrative Hearings shall
8 render a separate income deduction order.
9 (8) FILING WITH THE CLERK OF THE CIRCUIT COURT;
10 OFFICIAL PAYMENT RECORD; JUDGMENT BY OPERATION OF LAW.--The
11 department shall file with the clerk of the circuit court a
12 certified copy of an administrative support order rendered
13 under this section. The depository operated pursuant to s.
14 61.181 for the county where the administrative support order
15 has been filed shall:
16 (a) Act as the official recordkeeper for payments
17 required under the administrative support order;
18 (b) Establish and maintain the necessary payment
19 accounts;
20 (c) Upon a delinquency, initiate the judgment by
21 operation of law procedure as provided by s. 61.14(6); and
22 (d) Perform all other duties required of a depository
23 with respect to a support order entered by a court of this
24 state.
25 (9) COLLECTION ACTION; ENFORCEMENT.--
26 (d) An administrative support order rendered under
27 this section has the same force and effect as court order and,
28 until modified by the department or superseded by a court
29 order, may be enforced:
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HB 1687, First Engrossed
1 1. In any manner permitted for enforcement of a
2 support order issued by a court of this state, except for
3 contempt; or
4 2. Pursuant to s. 120.69.
5 (10) JUDICIAL REVIEW, ENFORCEMENT, OR COURT ORDER
6 SUPERSEDING ADMINISTRATIVE SUPPORT ORDER.--
7 (b) An administrative support order rendered under
8 this section has the same force and effect as a court order
9 and may be enforced by any circuit court in the same manner as
10 a support order issued by the court, except for contempt. If
11 the circuit court issues its own order enforcing based on the
12 administrative support order, the circuit court may enforce
13 its own order by contempt. The presumption of ability to pay
14 and purge contempt established in s. 61.14(5)(a) applies to an
15 administrative support order that includes a finding of
16 present ability to pay. Enforcement by the court, without any
17 change by the court in the support obligations established in
18 the administrative support order, does not supersede the
19 administrative support order or affect the department's
20 authority to modify the administrative support order as
21 provided by subsection (12). An order by the court that
22 requires the noncustodial parent to make periodic payments on
23 arrearages does not constitute a change in the support
24 obligations established in the administrative support order
25 and does not supersede the administrative order.
26 (11) EFFECTIVENESS OF ADMINISTRATIVE SUPPORT
27 ORDER.--An administrative support order rendered under this
28 section has the same force and effect as a court order and
29 remains in effect until modified by the department, vacated on
30 appeal, or superseded by a subsequent court order. If the
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HB 1687, First Engrossed
1 department closes a Title IV-D case in which an administrative
2 support order has been rendered:
3 (a) The department shall take no further action to
4 enforce or modify the administrative support order;
5 (b) The administrative support order remains effective
6 until superseded by a subsequent court order; and
7 (c) The administrative support order may be enforced
8 by the obligee by any means provided by law.
9 (12) MODIFICATION OF ADMINISTRATIVE SUPPORT ORDER.--If
10 it has not been superseded by a subsequent court order, the
11 department may modify, suspend, or terminate an administrative
12 support order in a Title IV-D case prospectively, subject to
13 the requirements for modifications of judicial support orders
14 established in chapters 61 and 409, by following the same
15 procedures set forth in this section for establishing an
16 administrative support order, as applicable.
17 (13) REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT
18 TO ADDRESS OF RECORD.--In all proceedings pursuant to this
19 section:
20 (a) The noncustodial parent and custodial parent must
21 execute and furnish to the department, no later than 20 days
22 after receipt of the notice of proceeding to establish
23 administrative support order, a financial affidavit in the
24 form prescribed by the department in the Florida Family Law
25 Rules of Procedure. An updated financial affidavit must be
26 executed and furnished to the department at the inception of
27 each proceeding to modify an administrative support order.
28 Caretaker relatives are not required to furnish financial
29 affidavits.
30 Section 10. Subsection (3) of section 409.25656,
31 Florida Statutes, is amended to read:
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HB 1687, First Engrossed
1 409.25656 Garnishment.--
2 (3) During the last 30 days of the 60-day period set
3 forth in subsection (1), the executive director or his or her
4 designee may levy upon such credits, personal property, or
5 debts. The levy must be accomplished by delivery of a notice
6 of levy by registered mail, upon receipt of which the person
7 possessing the credits, other personal property, or debts
8 shall transfer them to the department or pay to the department
9 the amount owed by to the obligor. If the department levies
10 upon securities and their value is less than the total amount
11 of the past due or overdue support, the person who has the
12 securities in his or her possession or under his or her
13 control shall liquidate the securities in a commercially
14 reasonable manner. After liquidation, the person shall
15 transfer to the department the proceeds, less any applicable
16 commissions, fees, or both, that are charged in the normal
17 course of business. If the value of the securities levied
18 upon exceeds the total amount of past due or overdue support,
19 the obligor may, within 7 days after receipt of the
20 department's notice of levy, instruct the person as to which
21 securities are to be sold in satisfaction of the past due or
22 overdue support. If the obligor does not provide instructions
23 for liquidation, the person shall liquidate sufficient
24 property to net the amount of past due or overdue support,
25 after applicable commissions, fees, or both, that are charged
26 in the normal course of business, in a commercially reasonable
27 manner starting with the securities purchased most recently.
28 After liquidation, the person shall transfer to the department
29 the total amount of past due or overdue support.
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HB 1687, First Engrossed
1 Section 11. Effective upon this act becoming a law,
2 subsections (1) and (2) of section 409.25658, Florida
3 Statutes, are amended to read:
4 409.25658 Use of unclaimed property for past due
5 support.--
6 (1) In a joint effort to facilitate the collection and
7 payment of past due support, the Department of Revenue, in
8 cooperation with the Department of Banking and Finance, shall
9 identify persons owing support collected through a court who
10 are presumed to have unclaimed abandoned property held by the
11 Department of Banking and Finance.
12 (2) The department shall periodically provide the
13 Department of Banking and Finance with an electronic file of
14 support obligors who owe past due support. The Department of
15 Banking and Finance shall conduct a data match of the file
16 against all apparent owners of unclaimed abandoned property
17 under chapter 717 and provide the resulting match list to the
18 department.
19 Section 12. Subsection (7) of section 409.2576,
20 Florida Statutes, is amended to read:
21 409.2576 State Directory of New Hires.--
22 (7) WAGE WITHHOLDING NOTICE AND NATIONAL MEDICAL
23 SUPPORT NOTICE.--The department--Not later than October 1,
24 1998, the Title IV-D agency shall transmit a wage withholding
25 notice consistent with s. 61.1301 and a national medical
26 support notice, as defined in s. 61.046, when appropriate, to
27 the employee's employer within 2 business days of entry of the
28 new hire information into the State Directory of New Hires'
29 database, unless the court has determined that the employee's
30 wages are not subject to withholding or, for purposes of the
31 national medical support notice, the support order does not
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HB 1687, First Engrossed
1 contain a provision for the employee to provide health care
2 coverage. The withholding notice shall direct the employer to
3 withhold income in accordance with the income deduction order
4 and the national medical support notice shall direct the
5 employer to withhold premiums for health care coverage.
6 Section 13. Subsection (6) of section 827.06, Florida
7 Statutes, is amended to read:
8 827.06 Nonsupport of dependents.--
9 (6) Prior to commencing prosecution under this
10 section, the state attorney must notify the person responsible
11 for support by certified mail, return receipt requested, or by
12 using any other means permitted for service of process in a
13 civil action, that a prosecution under this section will be
14 commenced against him or her unless the person pays the total
15 unpaid support obligation or provides a satisfactory
16 explanation as to why he or she has not made such payments.
17 Section 14. Subsection (5) of section 61.1826, Florida
18 Statutes, is repealed.
19 Section 15. Except as otherwise provided herein, this
20 act shall take effect July 1, 2002.
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