Senate Bill sb2012

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    Florida Senate - 2002                                  SB 2012

    By Senator Peaden





    1-1283A-02

  1                      A bill to be entitled

  2         An act relating to the establishment of

  3         paternity and child support; amending s.

  4         61.13016, F.S.; authorizing the suspension of a

  5         person's driver's license and motor vehicle

  6         registration to enforce compliance with an

  7         order to appear for genetic testing; amending

  8         s. 61.1814, F.S.; providing for the deposit of

  9         administration fines imposed under s. 409.256,

10         F.S., in the Child Support Enforcement

11         Application and Program Revenue Trust Fund;

12         amending s. 120.80, F.S.; providing procedures

13         for the Division of Administrative Hearings

14         with respect to entering orders under a

15         proceeding to establish paternity, to establish

16         paternity and child support, or to appear for

17         genetic testing; providing for immediate

18         judicial review of any such order; providing

19         for enforcement; amending s. 382.013, F.S.;

20         requiring that the paternity of a child

21         determined under s. 409.256, F.S., be entered

22         on the child's birth certificate; amending s.

23         409.2557, F.S.; authorizing the Department of

24         Revenue to adopt rules for administrative

25         proceedings to establish paternity, to

26         establish paternity and child support, to

27         appear for genetic testing, and to establish

28         child-support obligations; creating s. 409.256,

29         F.S.; providing definitions; authorizing the

30         Department of Revenue to commence a proceeding

31         to determine paternity or determine paternity

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  1         and child support under specified

  2         circumstances; authorizing the department to

  3         proceed against more than one putative father;

  4         providing requirements for the notice of a

  5         proceeding to establish paternity or paternity

  6         and child support; providing for an order to

  7         appear for genetic testing; providing

  8         procedures under which a person ordered to

  9         appear for genetic testing may contest the

10         order; providing requirements for the

11         department in scheduling genetic testing;

12         providing procedures for the department if a

13         person refuses to submit to genetic testing;

14         specifying those persons to whom the department

15         must send genetic test results; authorizing the

16         department to issue a proposed order of

17         paternity and a proposed order of paternity and

18         child support; providing for review and an

19         administrative hearing on the proposed order;

20         providing for an administrative law judge to

21         issue a final order establishing paternity or

22         paternity and child support; requiring the

23         department to notify the Office of Vital

24         Statistics that a child's paternity has been

25         established; providing for judicial review of a

26         final administrative order; providing that a

27         respondent has a duty to provide and maintain a

28         current mailing address; providing for

29         proceedings in circuit court; providing for

30         interpretation of the act regardless of a

31         person's gender; providing that the act is

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  1         supplemental and in addition to other remedies;

  2         authorizing the Department of Revenue to adopt

  3         rules; amending s. 409.2563, F.S.; revising the

  4         pilot program for administrative establishment

  5         of child-support obligations; providing for

  6         statewide application of the procedures

  7         established under the pilot program; providing

  8         for the withholding of a specified portion of a

  9         noncustodial parent's unemployment

10         compensation; authorizing the Division of

11         Administrative Hearings to render an income

12         deduction order; providing for the use of a

13         financial affidavit as prescribed by the

14         department; requiring an evaluation of the

15         administrative process for establishing

16         child-support obligations; amending s. 742.10,

17         F.S.; providing that an establishment of

18         paternity by the Department of Revenue applies

19         to ch. 742, F.S., relating to determination of

20         parentage; amending s. 760.40, F.S.; providing

21         that the procedures under s. 409.256, F.S., are

22         an exception to a prohibition against

23         performing a DNA analysis without a person's

24         informed consent; providing an effective date.

25

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

27

28         Section 1.  Subsection (4) is added to section

29  61.13016, Florida Statutes, to read:

30         61.13016  Suspension of driver's licenses and motor

31  vehicle registrations.--

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  1         (4)  The procedures prescribed in this section may be

  2  used to enforce compliance with an order to appear for genetic

  3  testing.

  4         Section 2.  Section 61.1814, Florida Statutes, is

  5  amended to read:

  6         61.1814  Child Support Enforcement Application and

  7  Program Revenue Trust Fund.--The Child Support Enforcement

  8  Application and Program Revenue Trust Fund is hereby created,

  9  to be administered by the Department of Revenue. The fund

10  shall be used for the deposit of application fees of nonpublic

11  assistance applicants for child support enforcement services

12  and fines imposed under ss. 409.256(7)(b), 409.2564(8), and

13  409.2578.  Moneys deposited from fines imposed under ss.

14  409.256(7)(b), 409.2564(8), and 409.2578 shall be maintained

15  separately from moneys deposited from application fees.

16         Section 3.  Paragraph (c) of subsection (14) of section

17  120.80, Florida Statutes, is amended to read:

18         120.80  Exceptions and special requirements;

19  agencies.--

20         (14)  DEPARTMENT OF REVENUE.--

21         (c)  Proceedings to establish paternity or paternity

22  and child support; orders to appear for genetic testing;

23  proceedings for administrative child support

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

25  120.57 to the contrary, in proceedings to establish paternity

26  or paternity and child support pursuant to s. 409.256 and

27  proceedings for the establishment of administrative support

28  orders pursuant to s. 409.2563, final orders in cases referred

29  by the Department of Revenue to the Division of Administrative

30  Hearings shall be entered by the division's administrative law

31  judge and transmitted to the Department of Revenue for filing

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  1  and rendering indexing. The Department of Revenue has the

  2  right to seek judicial review under s. 120.68 of a final order

  3  entered by an administrative law judge. The Department of

  4  Revenue and the person ordered to appear for genetic testing

  5  may seek immediate judicial review under s. 120.68 of an order

  6  issued by an administrative law judge pursuant to s.

  7  409.256(5)(b). Final orders that adjudicate paternity or

  8  paternity and child support pursuant to s. 409.256 and

  9  administrative support orders rendered pursuant to s. 409.2563

10  may be enforced pursuant to s. 120.69 or, alternatively, by

11  any method prescribed by law for the enforcement of judicial

12  support orders, except contempt.

13         Section 4.  Present paragraph (e) of subsection (2) of

14  section 382.013, Florida Statutes, is redesignated as

15  paragraph (f), and a new paragraph (e) is added to that

16  section to read:

17         382.013  Birth registration.--A certificate for each

18  live birth that occurs in this state shall be filed within 5

19  days after such birth with the local registrar of the district

20  in which the birth occurred and shall be registered by the

21  local registrar if the certificate has been completed and

22  filed in accordance with this chapter and adopted rules. The

23  information regarding registered births shall be used for

24  comparison with information in the state case registry, as

25  defined in chapter 61.

26         (2)  PATERNITY.--

27         (e)  If the paternity of the child is determined

28  pursuant to s. 409.256, the name of the father and the surname

29  of the child shall be entered on the certificate in accordance

30  with the finding and order of the Department of Revenue.

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  1         Section 5.  Subsection (3) of section 409.2557, Florida

  2  Statutes, is amended to read:

  3         409.2557  State agency for administering child support

  4  enforcement program.--

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

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

  7  120.54 to implement all laws administered by the department in

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

  9  including, but not limited to, the following:

10         (a)  Background screening of department employees and

11  applicants, including criminal records checks;

12         (b)  Confidentiality and retention of department

13  records; access to records; record requests;

14         (c)  Department trust funds;

15         (d)  Federal funding procedures;

16         (e)  Agreements with law enforcement and other state

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

18  Parent Locator Service access;

19         (f)  Written agreements entered into between the

20  department and support obligors in establishment, enforcement,

21  and modification proceedings;

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

23  programs, and demonstration projects;

24         (h)  Management of cases by the department involving

25  any documentation or procedures required by federal or state

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

27  adjustment; audits; interstate actions; diligent efforts for

28  service of process;

29         (i)  Department procedures for orders for genetic

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

31  increasing the amount of monthly obligations to secure

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  1  delinquent support; suspending or denying driver's and

  2  professional licenses and certificates; fishing and hunting

  3  license suspensions; suspending vehicle and vessel

  4  registrations; screening applicants for new or renewal

  5  licenses, registrations, or certificates; income deduction;

  6  credit reporting and  accessing; tax refund intercepts;

  7  passport denials; liens; financial institution data matches;

  8  expedited procedures; medical support; and all other

  9  responsibilities of the department as required by state or

10  federal law;

11         (j)  Collection and disbursement of support and alimony

12  payments by the department as required by federal law;

13  collection of genetic testing costs and other costs awarded by

14  the court;

15         (k)  Report information to and receive information from

16  other agencies and entities;

17         (l)  Provide location services, including accessing

18  from and reporting to federal and state agencies;

19         (m)  Privatizing location, establishment, enforcement,

20  modification, and other functions;

21         (n)  State case registry;

22         (o)  State disbursement unit; and

23         (p)  Administrative proceedings to establish paternity

24  or establish paternity and child support, orders to appear for

25  genetic testing, and administrative proceedings to establish

26  child-support obligations; and

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

28  required by state or federal law.

29         Section 6.  Section 409.256, Florida Statutes, is

30  created to read:

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  1         409.256  Administrative proceeding to establish

  2  paternity or paternity and child support; order to appear for

  3  genetic testing.--

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

  5         (a)  "Custodian" means a person, other than the mother

  6  or a putative father, who has physical custody of a child, or

  7  with whom the child primarily resides. References in this

  8  section to the obligation of a custodian to submit to genetic

  9  testing mean that the custodian is obligated to submit the

10  child for genetic testing, not that the custodian must submit

11  to genetic testing.

12         (b)  "Filed" means a document has been received and

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

14  clerk or an authorized deputy clerk designated by the

15  department.

16         (c)  "Genetic testing" means a scientific analysis of

17  genetic markers which is performed by a qualified technical

18  laboratory only to exclude an individual as the parent of a

19  child or to show a probability of paternity.

20         (d)  "Paternity proceeding" means an administrative

21  action commenced by the department to order genetic testing

22  and establish paternity pursuant to this section.

23         (e)  "Paternity and child-support proceeding" means an

24  administrative action commenced by the department to order

25  genetic testing, to establish paternity, and to establish an

26  administrative support order pursuant to this section.

27         (f)  "Putative father" means an individual who is or

28  may be the biological father of a child whose paternity has

29  not been established and whose mother was unmarried when the

30  child was conceived and born.

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  1         (g)  "Qualified technical laboratory" means a

  2  genetic-testing laboratory that may be under contract with the

  3  department, that uses tests and methods of a type generally

  4  acknowledged as reliable by accreditation bodies designated by

  5  the United States Department of Health and Human Services, and

  6  that is approved by such an accreditation body. The term also

  7  includes a genetic-testing laboratory used by another state,

  8  if the laboratory has comparable qualifications.

  9         (h)  "Rendered" means that a signed written order is

10  filed with the clerk or a deputy clerk of the department. The

11  date of filing must be indicated on the face of the order at

12  the time of rendition.

13         (i)  "Respondent" means the person or persons served by

14  the department with a notice of proceeding pursuant to

15  subsection (4), which includes the putative father and which

16  may include the mother or the custodian of the child.

17         (j)  "State" or "other state" has the meaning ascribed

18  in s. 88.1011(19).

19         (2)  JURISDICTION; LOCATION OF HEARINGS; RIGHT OF

20  ACCESS TO THE COURTS.--

21         (a)  The department may commence a paternity proceeding

22  or a paternity and child-support proceeding as provided by

23  subsection (4) if:

24         1.  The child's paternity has not been established;

25         2.  The child's mother was unmarried when the child was

26  conceived and born;

27         3.  The department is providing services under Title

28  IV-D; and

29         4.  The child's mother or a putative father has stated

30  in an affidavit or written declaration as provided by s.

31  92.525(2) that the putative father is or may be the child's

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  1  biological father. The affidavit or written declaration must

  2  set forth the factual basis for the allegation of paternity as

  3  provided by s. 742.12(2).

  4         (b)  If the department receives a request from another

  5  state to assist in the establishment of paternity, the

  6  department may serve an order to appear for genetic testing on

  7  a person who resides in Florida and transmit the test results

  8  to the other state without commencing a paternity proceeding

  9  in this state.

10         (c)  The department may use the procedures authorized

11  by this section against a nonresident over whom this state may

12  assert personal jurisdiction under chapter 48 or chapter 88.

13         (d)  If a putative father, mother, or custodian in a

14  Title IV-D case voluntarily submits, the department may

15  schedule that individual or the child for genetic testing

16  without serving that individual with an order to appear for

17  genetic testing. A respondent, or other person who is subject

18  to an order to appear for genetic testing, may waive formal

19  service of notices or orders, or waive any other rights or

20  time periods prescribed by this section.

21         (e)  Whenever practicable, hearings held by the

22  Division of Administrative Hearings pursuant to this section

23  shall be held in the judicial circuit where the person

24  receiving services under Title IV-D resides or, if the person

25  receiving services under Title IV-D does not reside in this

26  state, in the judicial circuit where the respondent resides.

27  If the department and the respondent agree, the hearing may be

28  held in another location.

29         (f)  The Legislature does not intend to limit the

30  jurisdiction of the circuit courts to hear and determine

31  issues regarding establishment of paternity. This section is

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  1  intended to provide the department with an alternative

  2  procedure for establishing paternity and child-support

  3  obligations in Title IV-D cases. This section does not

  4  prohibit a person who has standing from filing a civil action

  5  in circuit court for a determination of paternity or of

  6  child-support obligations.

  7         (3)  MULTIPLE PUTATIVE FATHERS; MULTIPLE CHILDREN.--If

  8  more than one putative father has been named, the department

  9  may proceed under this section against a single putative

10  father or may proceed simultaneously against more than one

11  putative father. If a putative father has been named as a

12  possible father of more than one child born to the same

13  mother, the department may proceed to establish the paternity

14  of each child in the same proceeding.

15         (4)  NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR

16  PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC

17  TESTING; MANNER OF SERVICE; CONTENTS.--The department shall

18  commence a proceeding to determine paternity, or a proceeding

19  to determine both paternity and child-support, by serving the

20  respondent with a notice as provided by this section. An order

21  to appear for genetic testing may be served at the same time

22  as a notice of the proceeding or may be served separately. A

23  copy of the affidavit or written declaration upon which the

24  proceeding is based shall be provided to the respondent when

25  notice is served. A notice or order to appear for genetic

26  testing shall be served by certified mail, restricted

27  delivery, return receipt requested, or in accordance with the

28  requirements for service of process in a civil action. Service

29  by certified mail is completed when the certified mail is

30  received or refused. For purposes of this section, an employee

31  or an authorized agent of the department may serve the notice

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  1  or order to appear for genetic testing and execute an

  2  affidavit of service. The department may serve an order to

  3  appear for genetic testing on a custodian. The department

  4  shall provide a copy of the notice or order to appear by

  5  regular mail to the mother and custodian, if they are not

  6  respondents.

  7         (a)  A notice of proceeding to establish paternity must

  8  state:

  9         1.  That the department has commenced an administrative

10  proceeding to establish whether the putative father is the

11  biological father of the child named in the notice;

12         2.  The name and date of birth of the child and the

13  name of the child's mother;

14         3.  That the putative father has been named in an

15  affidavit or written declaration that states the putative

16  father is or may be the child's biological father;

17         4.  That the respondent is required to submit to

18  genetic testing;

19         5.  That genetic testing will establish either a high

20  degree of probability that the putative father is the

21  biological father of the child or that the putative father

22  cannot be the biological father of the child;

23         6.  That if the results of the genetic test do not

24  indicate a statistical probability of paternity which equals

25  or exceeds 99 percent, the paternity proceeding ends as to

26  that child unless a second or subsequent test is required;

27         7.  That if the results of the genetic test indicate a

28  statistical probability of paternity which equals or exceeds

29  99 percent, the department may:

30

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  1         a.  Issue a proposed order of paternity which the

  2  respondent may consent to or contest at an administrative

  3  hearing; or

  4         b.  Commence a proceeding, as provided by s. 409.2563,

  5  to establish an administrative support order for the child, in

  6  which notice of that proceeding will be provided to the

  7  respondent by regular mail;

  8         8.  That, if the genetic test results indicate a

  9  statistical probability of paternity which equals or exceeds

10  99 percent and a proceeding to establish an administrative

11  support order is commenced, the department will issue a

12  proposed order that addresses paternity and child support

13  which the respondent may consent to or contest at an

14  administrative hearing;

15         9.  That if a proposed order of paternity or proposed

16  order of both paternity and child support is not contested,

17  the department will adopt the proposed order and render a

18  final order that establishes paternity and, if appropriate, an

19  administrative support order for the child;

20         10.  That, until the proceeding is ended, the

21  respondent shall notify the department in writing of any

22  change in the respondent's mailing address and that the

23  respondent will be deemed to have received any subsequent

24  order, notice, or other paper mailed to the most recent

25  address provided or, if a more recent address is not provided,

26  to the address at which the respondent was served, and that

27  this requirement continues if the department renders a final

28  order that establishes paternity and a support order for the

29  child;

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  1         11.  That the respondent may file an action in circuit

  2  court for a determination of paternity, child-support

  3  obligations, or both; and

  4         12.  That if the respondent files an action in circuit

  5  court and serves the department with a copy of the petition or

  6  complaint within 20 days after being served notice under this

  7  subsection, the administrative process ends without prejudice

  8  and the action must proceed in circuit court.

  9         (b)  A notice of proceeding to establish paternity and

10  child support must state the matters required by paragraph

11  (a), except for subparagraph (a)7., and must state the matters

12  required by s. 409.2563(4), to the extent that the matters

13  required by s. 409.2563(4) are not already required by and do

14  not conflict with this subsection. This section and s.

15  409.2563 apply to a proceeding commenced under this paragraph.

16         (c)  The order to appear for genetic testing must

17  inform the person ordered to appear:

18         1.  That the department has commenced an administrative

19  proceeding to establish whether the putative father is the

20  biological father of the child;

21         2.  The name and date of birth of the child and the

22  name of the child's mother;

23         3.  That the putative father has been named in an

24  affidavit or written declaration that states the putative

25  father is or may be the child's biological father;

26         4.  The date, time, and place that the person ordered

27  to appear must appear to provide a sample for genetic testing;

28         5.  That if the person has custody of the child whose

29  paternity is the subject of the proceeding, the person must

30  submit the child to genetic testing;

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  1         6.  That when the samples are provided, the person

  2  ordered to appear must verify his or her identity and the

  3  identity of the child, if applicable, by presenting a form of

  4  identification as prescribed by s. 117.05(5)(b)2., which bears

  5  the photograph of the person who is providing the sample, or

  6  other form of verification approved by the department;

  7         7.  That if the person ordered to appear submits to

  8  genetic testing, the department will pay the cost of the

  9  genetic testing and will provide the person ordered to appear

10  with a copy of any test results obtained;

11         8.  That if the person ordered to appear does not

12  appear as ordered or refuses to submit to genetic testing

13  without good cause, the department may take one or more of

14  these actions:

15         a.  Commence proceedings to suspend the driver's

16  license and motor vehicle registration of the person ordered

17  to appear, as provided by s. 61.13016;

18         b.  Impose an administrative fine against the person

19  ordered to appear in the amount of $500; or

20         c.  File a petition in circuit court to establish

21  paternity and obtain a support order for the child and an

22  order for costs against the person ordered to appear,

23  including costs for genetic testing; and

24         9.  That the person ordered to appear may contest the

25  order by filing a written request for informal review within

26  15 days after the date of service of the order, with further

27  rights to an administrative hearing following the informal

28  review.

29         (5)  RIGHT TO CONTEST ORDER TO APPEAR FOR GENETIC

30  TESTING.--

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  1         (a)  The person ordered to appear may contest an order

  2  to appear for genetic testing by filing a written request for

  3  informal review with the department within 15 days after the

  4  date of service of the order. The purpose of the informal

  5  review is to provide the person ordered to appear with an

  6  opportunity to discuss the proceedings and the basis of the

  7  order. At the conclusion of the informal review, the

  8  department shall notify the person ordered to appear, in

  9  writing, whether it will proceed with the order to appear. If

10  the department notifies the person ordered to appear of its

11  intent to proceed, the notice must inform the person ordered

12  to appear of the right to contest the order at an

13  administrative hearing.

14         (b)  Within 15 days after the mailing date of the

15  department's notification, following an informal review, that

16  the department will proceed with an order to appear for

17  genetic testing, the person ordered to appear may file a

18  request for an administrative hearing to contest whether the

19  person should be required to submit to genetic testing. A

20  request for an administrative hearing must state the specific

21  reasons why the person ordered to appear believes he or she

22  should not be required to submit to genetic testing as

23  ordered. If the person ordered to appear files a timely

24  request for a hearing, the department shall refer the hearing

25  request to the Division of Administrative Hearings. Unless

26  otherwise provided by this section, administrative hearings

27  are governed by ch. 120 and the Uniform Rules of Procedure.

28  The administrative law judge assigned to the case shall issue

29  an order as to whether the person must submit to genetic

30  testing in accordance with the order to appear. The department

31  and the person ordered to appear may seek immediate judicial

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  1  review under s. 120.68 of an order issued by an administrative

  2  law judge pursuant to this paragraph.

  3         (c)  If a timely request for an informal review or an

  4  administrative hearing is filed, the department may not

  5  proceed under the order to appear for genetic testing and may

  6  not impose sanctions for failure or refusal to submit to

  7  genetic testing until:

  8         1.  The department has notified the person of its

  9  intent to proceed after informal review, and a timely request

10  for hearing is not filed;

11         2.  The person ordered to appear withdraws the request

12  for hearing or informal review; or

13         3.  The Division of Administrative Hearings issues an

14  order that the person must submit to genetic testing, or

15  issues an order closing the division's file, and that order

16  has become final.

17         (d)  If a request for an informal review or

18  administrative hearing is not timely filed, the person ordered

19  to appear is deemed to have waived the right to a hearing and

20  the department may proceed under the order to appear for

21  genetic testing.

22         (6)  SCHEDULING OF GENETIC TESTING.--

23         (a)  The department shall notify the person ordered to

24  appear in writing of the date, time, and place at which the

25  person is required to appear for genetic testing, and of the

26  requirement to verify his or her identity, and the identity of

27  the child, if applicable, when the samples are provided by

28  presenting a form of identification as prescribed by s.

29  117.05(5)(b)2., which bears the photograph of the person who

30  is providing the sample or other form of verification approved

31  by the department. If the person ordered to appear is the

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  1  putative father or the mother, that person shall appear and

  2  submit to genetic testing. If the person ordered to appear is

  3  a custodian, or if the putative father or the mother has

  4  custody of the child, that person must submit the child for

  5  genetic testing.

  6         (b)  The department shall reschedule a genetic testing:

  7         1.  One time without cause if, in advance of the

  8  initial test date, the person ordered to appear requests the

  9  department to reschedule the test;

10         2.  One time if the person ordered to appear shows good

11  cause for failure to appear for a scheduled test; and

12         3.  One time upon request of a person ordered to appear

13  against whom sanctions have been imposed as provided by

14  subsection (7).

15

16  A claim of good cause for failure to appear must be filed with

17  the department within 10 days after the scheduled test date

18  and must state the facts and circumstances supporting the

19  claim. The department shall notify the person ordered to

20  appear, in writing, whether it accepts or rejects the person's

21  claim of good cause. There is not a separate right to a

22  hearing on the department's decision to accept or reject the

23  claim of good cause because the person ordered to appear may

24  raise good cause as a defense to any proceeding initiated by

25  the department under subsection (7).

26         (c)  A person ordered to appear may obtain a second

27  genetic test by filing a written request for a second test

28  with the department within 15 days after the date of mailing

29  of the initial genetic testing results and by paying the

30  department in advance for the full cost of the second test.

31

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  1         (d)  The department may schedule and require a

  2  subsequent genetic test if it has reason to believe the

  3  results of the preceding genetic test may not be reliable.

  4         (e)  Except as provided by paragraph (c) and subsection

  5  (7), the department shall pay for the cost of genetic testing

  6  ordered under this section.

  7         (7)  FAILURE OR REFUSAL TO SUBMIT TO GENETIC

  8  TESTING.--If a person who is served with an order to appear

  9  for genetic testing fails to appear without good cause, or

10  refuses to submit to testing without good cause, the

11  department may take one or more of the following actions:

12         (a)  Commence proceedings to suspend the driver's

13  license and motor vehicle registration of the person ordered

14  to appear, as provided by s. 61.13016;

15         (b)  Impose an administrative fine against the person

16  ordered to appear in the amount of $500; or

17         (c)  File a petition in circuit court to establish

18  paternity, obtain a support order for the child, and seek

19  reimbursement from the person ordered to appear for the full

20  cost of genetic testing incurred by the department.

21

22  As provided by s. 322.058(2), a suspended driver's license and

23  motor vehicle registration may be reinstated when the person

24  ordered to appear complies with the order to appear for

25  genetic testing. The department may collect an administrative

26  fine imposed under this subsection by using civil remedies or

27  other statutory means available to the department for

28  collecting support.

29         (8)  GENETIC-TESTING RESULTS.--The department shall

30  send a copy of the genetic-testing results to the putative

31  father, to the mother, to the custodian, and to the other

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  1  state, if applicable. If the genetic-testing results,

  2  including second or subsequent genetic-testing results, do not

  3  indicate a statistical probability of paternity which equals

  4  or exceeds 99 percent, the paternity proceeding ends as to

  5  that child.

  6         (9)  PROPOSED ORDER OF PATERNITY; COMMENCEMENT OF

  7  PROCEEDING TO ESTABLISH ADMINISTRATIVE SUPPORT ORDER; PROPOSED

  8  ORDER OF PATERNITY AND CHILD SUPPORT.--

  9         (a)  If a paternity proceeding has been commenced under

10  this section and the results of genetic testing indicate a

11  statistical probability of paternity which equals or exceeds

12  99 percent, the department may:

13         1.  Issue a proposed order of paternity as provided by

14  paragraph (b); or

15         2.  If appropriate, delay issuing a proposed order of

16  paternity, commence, by regular mail, an administrative

17  proceeding to establish a support order for the child pursuant

18  to s. 409.2563, and issue a single proposed order that

19  addresses paternity and child support.

20         (b)  A proposed order of paternity must:

21         1.  State proposed findings of fact and conclusions of

22  law;

23         2.  Include a copy of the results of genetic testing;

24  and

25         3.  Include notice of the respondent's right to

26  informal review and to contest the proposed order of paternity

27  at an administrative hearing.

28         (c)  If a paternity and child support proceeding has

29  been commenced under this section and the results of genetic

30  testing indicate a statistical probability of paternity which

31  equals or exceeds 99 percent, the department may issue a

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  1  single proposed order that addresses paternity and child

  2  support.

  3         (d)  The department shall serve a proposed order issued

  4  under this section on the respondent by regular mail and shall

  5  provide a copy by regular mail to the mother or custodian, if

  6  they are not respondents.

  7         (10)  INFORMAL REVIEW; ADMINISTRATIVE HEARING;

  8  PRESUMPTION OF PATERNITY.--

  9         (a)  Within 10 days after the date of mailing or other

10  service of a proposed order, the respondent may contact a

11  department representative at the address or telephone number

12  provided to request an informal review of the proposed order.

13  If an informal review is timely requested, the time for

14  requesting a hearing is extended until 10 days after the

15  department mails notice to the respondent that the informal

16  review has been concluded.

17         (b)  Within 20 days after the mailing date of the

18  proposed order, or within 10 days after the mailing date of

19  notice that an informal review has been concluded, whichever

20  is later, the respondent may request an administrative hearing

21  by filing a written request for a hearing with the department.

22  A request for a hearing must state the specific objections to

23  the proposed order, the specific objections to the genetic

24  testing results, or both. A respondent who fails to file a

25  timely request for a hearing is deemed to have waived the

26  right to a hearing.

27         (c)  If the respondent files a timely request for a

28  hearing, the department shall refer the hearing request to the

29  Division of Administrative Hearings. Unless otherwise provided

30  by this section or by s. 409.2563, chapter 120 and the Uniform

31  Rules of Procedure govern the conduct of the proceedings. A

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  1  designated employee or other representative of the department,

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

  3  qualified representative at the hearing.

  4         (d)  The genetic-testing results shall be admitted into

  5  evidence and made a part of the hearing record. For purposes

  6  of this section, a statistical probability of paternity which

  7  equals or exceeds 99 percent creates a presumption, as defined

  8  by s. 90.304, that the putative father is the biological

  9  father of the child. The presumption may be overcome only by

10  clear and convincing evidence. The respondent or the

11  department may call an expert witness to refute or support the

12  testing procedure or results, or the mathematical theory on

13  which they are based. Verified documentation of the chain of

14  custody of the samples tested is competent evidence to

15  establish the chain of custody.

16         (11)  FINAL ORDER ESTABLISHING PATERNITY OR PATERNITY

17  AND CHILD SUPPORT; CONSENT ORDER; NOTICE TO OFFICE OF VITAL

18  STATISTICS.--

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

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

21  Administrative Hearings shall issue a final order that

22  adjudicates paternity or, if appropriate, paternity and child

23  support. A final order of the administrative law judge

24  constitutes final agency action by the department. The

25  Division of Administrative Hearings shall transmit any such

26  order to the department for filing and rendering.

27         (b)  If the respondent does not file a timely request

28  for a hearing or consents in writing to entry of a final order

29  without a hearing, the department may render a final order of

30  paternity or a final order of paternity and child support, as

31  appropriate.

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  1         (c)  The department shall mail a copy of the final

  2  order to the putative father, the mother, and the custodian,

  3  if any. The department shall notify the respondent of the

  4  right to seek judicial review of a final order in accordance

  5  with s. 120.68.

  6         (d)  Upon rendering a final order of paternity or a

  7  final order of paternity and child support, the department

  8  shall notify the Office of Vital Statistics that the paternity

  9  of the child has been established.

10         (e)  A final order rendered pursuant to this section

11  has the same binding effect as a judgment entered by the court

12  pursuant to chapter 742.

13         (f)  The provisions of s. 409.2563 that apply to a

14  final administrative support order rendered under that section

15  apply to a final order rendered under this section when a

16  child-support obligation is established.

17         (g)  The department, or the administrative law judge if

18  appropriate, may issue a corrected final order to correct

19  typographical or clerical errors contained in the original

20  final order.

21         (12)  RIGHT TO JUDICIAL REVIEW.--A respondent has the

22  right to seek judicial review, in accordance with s. 120.68,

23  of a final order rendered under subsection (11) and an order

24  issued under paragraph (5)(b). The department has the right to

25  seek judicial review, in accordance with s. 120.68, of a final

26  order issued by an administrative law judge under subsection

27  (11) and an order issued by an administrative law judge under

28  paragraph (5)(b).

29         (13)  DUTY TO PROVIDE AND MAINTAIN CURRENT MAILING

30  ADDRESS.--Until a proceeding that has been commenced under

31  this section has ended, a respondent who is served with a

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  1  notice of proceeding must inform the department in writing of

  2  any change in the respondent's mailing address and is deemed

  3  to have received any subsequent order, notice, or other paper

  4  mailed to that address, or the address at which the respondent

  5  was served, if the respondent has not provided a more recent

  6  address.

  7         (14)  PROCEEDINGS IN CIRCUIT COURT.--The results of

  8  genetic testing performed pursuant to this section are

  9  admissible as evidence to the same extent as scientific

10  testing ordered by the court pursuant to chapter 742.

11         (15)  GENDER NEUTRAL.--This section shall be construed

12  impartially, regardless of a person's gender, and applies with

13  equal force to the mother of a child whose paternity has not

14  been established and is not presumed by law.

15         (16)  REMEDIES SUPPLEMENTAL.--The remedies provided by

16  this section are supplemental and in addition to other

17  remedies available to the department for the establishment of

18  paternity and child-support obligations.

19         (17)  RULEMAKING AUTHORITY.--The department may adopt

20  rules necessary to administer this section.

21         Section 7.  Section 409.2563, Florida Statutes, is

22  amended to read:

23         409.2563  Pilot program for Administrative

24  establishment of child support obligations.--

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

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

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

28  section establishing or modifying the obligation of a

29  noncustodial parent to contribute to the support and

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

31

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  1  provisions for monetary support, retroactive support, health

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

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

  4  in s. 414.0252(11).

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

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

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

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

  9  by the clerk or deputy clerk.

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

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

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

13  other information needed to calculate the child support

14  guideline amount under s. 61.30

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

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

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

18  at the time of rendition.

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

20  which the department is providing child support services

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

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

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

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

25

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

27  ss. 61.046 and 409.2554.

28         (2)  PURPOSE AND SCOPE.--

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

30  jurisdiction of the circuit courts to hear and determine

31  issues regarding child support. This section is intended to

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  1  provide the department with an alternative procedure for

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

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

  4  support. The procedures in this section and in s. 409.256 are

  5  effective throughout the state and shall be implemented

  6  statewide.

  7         (b)  The administrative procedure set forth in this

  8  section concerns only the establishment of child support

  9  obligations. This section does not grant jurisdiction to the

10  department or the Division of Administrative Hearings to hear

11  or determine issues of dissolution of marriage, separation,

12  alimony or spousal support, termination of parental rights,

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

14  or visitation. This paragraph notwithstanding, the department

15  and the Division of Administrative Hearings may make findings

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

17  a noncustodial parent's support obligation as authorized by

18  this section and may determine paternity as provided by s.

19  409.256.

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, or whose paternity is the subject of a

23  proceeding under s. 409.256, the department may establish the

24  a noncustodial parent's child support obligation pursuant to

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

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

27  department may include any obligation to pay retroactive

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

29  child, whether through insurance coverage, reimbursement of

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

31

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

  2  provided by ss. 409.2561 and 409.2567;

  3         2.  A former recipient of public assistance, as

  4  provided by s. 409.2569;

  5         3.  An individual who has applied for services as

  6  provided by s. 409.2567;

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

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

  9  provided by chapter 88.

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

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

12  court having jurisdiction and proper venue to determine the

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

14  support order issued by a circuit court prospectively

15  supersedes an administrative support order rendered by the

16  department.

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

18  may use the procedures authorized by this section to establish

19  a child support obligation against a nonresident over whom the

20  state may assert personal jurisdiction under chapter 48 or

21  chapter 88.

22         (4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE

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

24  the department shall provide to the custodial parent and serve

25  the noncustodial parent with a notice of proceeding to

26  establish administrative support order and a blank financial

27  affidavit form. The notice must state:

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

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

30  the child or children;

31

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  1         (b)  That the department intends to establish an

  2  administrative support order as defined in this section;

  3         (c)  That both parents must submit a completed

  4  financial affidavit to the department within 20 days after

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

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

  7  relative if applicable, are required to furnish to the

  8  department information regarding their identities and

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

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

11  relative if applicable, are required to promptly notify the

12  department of any change in their mailing addresses to ensure

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

14  provided by paragraph (13)(c);

15         (f)  That the department will calculate support

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

17  and using all available information, as provided by paragraph

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

19  administrative support order;

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

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

22  a copy of the proposed administrative support order, the

23  department's child support worksheet, and any financial

24  affidavits submitted by a parent or prepared by the

25  department;

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

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

28  mailing or other service of the proposed administrative

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

30  request a hearing;

31

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

  2  timely request for hearing after service of the proposed

  3  administrative support order, the department will issue an

  4  administrative support order that incorporates the findings of

  5  the proposed administrative support order, and will send by

  6  regular mail a copy of the administrative support order to

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

  8         (j)  That after an administrative support order is

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

10  the clerk of the circuit court;

11         (k)  That after an administrative support order is

12  rendered, the department may enforce the administrative

13  support order by any lawful means; and

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

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

16  court having jurisdiction and proper venue to determine the

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

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

19  administrative support order rendered by the department;.

20         (m)  That the respondent may file an action in circuit

21  court for a determination of paternity, child-support

22  obligations, or both; and

23         (n)  That if the respondent files an action in circuit

24  court and serves the department with a copy of the petition or

25  complaint within 20 days after being served notice under this

26  subsection, the administrative process ends without prejudice

27  and the action must proceed in circuit court.

28

29  The department may serve the notice of proceeding to establish

30  administrative support order by certified mail, restricted

31  delivery, return receipt requested. Alternatively, the

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  1  department may serve the notice by any means permitted for

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

  3  section, an authorized employee of the department may serve

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

  5  certified mail is completed when the certified mail is

  6  received or refused. The department shall provide the

  7  custodial parent or caretaker relative with a copy of the

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

  9  custodial parent or caretaker.

10         (5)  PROPOSED ADMINISTRATIVE SUPPORT ORDER.--

11         (a)  After serving notice upon the noncustodial parent

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

13  calculate the noncustodial parent's child support obligation

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

15  based on any timely financial affidavits received and other

16  information available to the department. If either parent

17  fails to comply with the requirement to furnish a financial

18  affidavit, the department may proceed on the basis of

19  information available from any source, if such information is

20  sufficiently reliable and detailed to allow calculation of

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

22  receives public assistance and fails to submit a financial

23  affidavit, the department may submit a financial affidavit for

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

25  lack of sufficient reliable information concerning a parent's

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

27  presumed for the purpose of establishing a support obligation

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

29  minimum wage during the applicable period.

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

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

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  1  copies of the proposed administrative support order, its

  2  completed child support worksheet, and any financial

  3  affidavits submitted by a parent or prepared by the

  4  department. The proposed administrative support order must

  5  contain the same elements as required for an administrative

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

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

  8  with the proposed administrative support order, which notice

  9  must inform the noncustodial parent that:

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

11  the date of mailing or other service of the proposed

12  administrative support order, request a hearing by filing a

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

14  the department;

15         2.  If the noncustodial parent files a timely request

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

17  of Administrative Hearings, which shall conduct further

18  proceedings and may enter an administrative support order;

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

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

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

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

23         4.  The noncustodial parent may consent in writing to

24  entry of an administrative support order without a hearing;

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

26  the date of mailing or other service of the proposed

27  administrative support order, contact a department

28  representative, at the address or telephone number specified

29  in the notice, to informally discuss the proposed

30  administrative support order and, if informal discussions are

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

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

  2  the department notifies the noncustodial parent that the

  3  informal discussions have been concluded; and

  4         6.  If an administrative support order that establishes

  5  a noncustodial parent's support obligation is rendered,

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

  7  may enforce the administrative support order by any lawful

  8  means.

  9         (d)  If, after serving the proposed administrative

10  support order but before a final administrative support order

11  is rendered, the department receives additional information

12  that makes it necessary to amend the proposed administrative

13  support order, it shall prepare an amended proposed

14  administrative support order, with accompanying amended child

15  support worksheets and other material necessary to explain the

16  changes, and follow the same procedures set forth in

17  paragraphs (b) and (c).

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

19  timely request for hearing, the department shall refer the

20  hearing request to the Division of Administrative Hearings.

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

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

23  of the proceedings. The administrative law judge shall

24  consider all available and admissible information and any

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

26  designated employee or other representative of the department,

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

28  qualified representative at the hearing.

29         (7)  ADMINISTRATIVE SUPPORT ORDER.--

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

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

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  1  Administrative Hearings shall issue an administrative support

  2  order, or a final order denying an administrative support

  3  order, which constitutes final agency action by the

  4  department. The Division of Administrative Hearings shall

  5  transmit any such order to the department for filing and

  6  rendering indexing.

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

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

  9  to have waived the right to request a hearing.

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

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

12  without a hearing, the department may render an administrative

13  support order.

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

15  of the administrative support order, or the final order

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

17  parent and caretaker relative if applicable. The noncustodial

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

19  of the administrative support order in accordance with s.

20  120.68.

21         (e)  An administrative support order must comply with

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

23  of Administrative Hearings and the chief judge of the circuit

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

25  standard form or forms for administrative support orders. An

26  administrative support order must provide and state findings,

27  if applicable, concerning:

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

29  children;

30         2.  The name of the noncustodial parent and the

31  custodial parent or caretaker relative;

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

  2  provide support;

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

  4  support obligation for each child;

  5         5.  Any obligation to pay retroactive support;

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

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

  8  coverage, contribution towards the cost of insurance coverage,

  9  payment or reimbursement of health care expenses for the

10  child, or any combination thereof;

11         7.  The beginning date of any required monthly payments

12  and health care coverage;

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

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

15         9.  That the parents, or caretaker relative if

16  applicable, must file with the department when the

17  administrative support order is rendered, if they have not

18  already done so, and update as appropriate the information

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

20         10.  That both parents, or parent and caretaker

21  relative if applicable, are required to promptly notify the

22  department of any change in their mailing addresses pursuant

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

24         11.  That if the noncustodial parent receives

25  unemployment compensation benefits, the payor shall withhold,

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

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

28

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

30  incorporated into the administrative support order or, if not

31  incorporated into the administrative support order, the

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  1  department or the Division of Administrative Hearings shall

  2  render a separate income deduction order.

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

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

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

  6  certified copy of an administrative support order rendered

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

  8  61.181 for the county where the administrative support order

  9  has been filed shall:

10         (a)  Act as the official recordkeeper for payments

11  required under the administrative support order;

12         (b)  Establish and maintain the necessary payment

13  accounts;

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

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

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

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

18  state.

19         (9)  COLLECTION ACTION; ENFORCEMENT.--

20         (a)  The department may implement an income deduction

21  notice immediately upon rendition of an income deduction

22  order, whether it is incorporated in the administrative

23  support order or rendered separately.

24         (b)  The department may initiate other collection

25  action 15 days after the date an administrative support order

26  is rendered under this section.

27         (c)  In a subsequent proceeding to enforce an

28  administrative support order, notice of the proceeding that is

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

30  furnished to the department constitutes adequate notice of the

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

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  1         (d)  An administrative support order rendered under

  2  this section, until modified by the department or superseded

  3  by a court 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 may be enforced by any circuit court in the same

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

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

22  the administrative support order, the circuit court may

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

24  without any change by the court in the support obligations

25  established in the administrative support order, does not

26  supersede the administrative support order or affect the

27  department's authority to modify the administrative support

28  order as provided by subsection (12).

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

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

31  enter an order prospectively changing the support obligations

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  1  established in an administrative support order, in which case

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

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

  4  support owed under the superseded administrative support order

  5  may not be retroactively modified by the circuit court, except

  6  as provided by s. 61.14(1)(a), and remains enforceable by the

  7  department, by the obligee, or by the court. In all cases in

  8  which an administrative support order is superseded, the court

  9  shall determine the amount of any unpaid support owed under

10  the administrative support order and shall include the amount

11  as arrearage in its superseding order.

12         (11)  EFFECTIVENESS OF ADMINISTRATIVE SUPPORT

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

14  section remains in effect until modified by the department,

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

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

17  administrative support order has been rendered:

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

19  enforce or modify the administrative support order;

20         (b)  The administrative support order remains effective

21  until superseded by a subsequent court order; and

22         (c)  The administrative support order may be enforced

23  by the obligee by any means provided by law.

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

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

26  department may modify, suspend, or terminate an administrative

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

28  the requirements for modifications of judicial support orders

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

30  procedures set forth in this section for establishing an

31  administrative support order, as applicable.

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  1         (13)  REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT

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

  3  section:

  4         (a)  The noncustodial parent and custodial parent must

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

  6  after receipt of the notice of proceeding to establish

  7  administrative support order, a financial affidavit in the

  8  form prescribed by the department in the Florida Family Law

  9  Rules of Procedure. An updated financial affidavit must be

10  executed and furnished to the department at the inception of

11  each proceeding to modify an administrative support order.

12  Caretaker relatives are not required to furnish financial

13  affidavits.

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

15  caretaker relative if applicable, shall disclose to the

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

17  of proceeding to establish administrative support order, and

18  update as appropriate, information regarding their identity

19  and location, including names they are known by; social

20  security numbers; residential and mailing addresses; telephone

21  numbers; driver's license numbers; and names, addresses, and

22  telephone numbers of employers. Pursuant to the federal

23  Personal Responsibility and Work Opportunity Reconciliation

24  Act of 1996, each person must provide his or her social

25  security number in accordance with this section. Disclosure of

26  social security numbers obtained through this requirement

27  shall be limited to the purpose of administration of the Title

28  IV-D program for child support enforcement.

29         (c)  The noncustodial parent, custodial parent, and

30  caretaker relative, if applicable, have a continuing

31  obligation to promptly inform the department in writing of any

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  1  change in their mailing addresses to ensure receipt of all

  2  subsequent pleadings, notices, payments, statements, and

  3  orders, and receipt is presumed if sent by regular mail to the

  4  most recent address furnished by the person.

  5         (14)  JUDICIAL PLEADINGS AND MOTIONS.--A party to any

  6  subsequent judicial proceeding concerning the support of the

  7  same child or children shall affirmatively plead the existence

  8  of, and furnish the court with a correct copy of, an

  9  administrative support order rendered under this section, and

10  shall provide the department with a copy of the initial

11  pleading. The department may intervene as a matter of right in

12  any such judicial proceeding involving issues within the scope

13  of the Title IV-D case.

14         (15)  PROVISIONS SUPPLEMENTAL TO EXISTING LAW.--This

15  section does not limit or negate the department's authority to

16  seek establishment of child support obligations under any

17  other applicable law.

18         (16)  RULEMAKING AUTHORITY.--The department may adopt

19  rules to administer this section.

20         (17)  EVALUATION PILOT PROGRAM.--For the purpose of

21  identifying measurable outcomes and evaluating the

22  administrative process created by this section, a study area,

23  the pilot program shall be established. The study area must be

24  located in a county selected by the Department of Revenue

25  having a population of fewer than 500,000, in which the Title

26  IV-D caseload did not exceed 20,000 cases, and the obligation

27  rate was approximately 65 percent at the end of the 1999-2000

28  fiscal year. The Department of Revenue shall develop

29  measurable outcomes that at a minimum consist of the

30  department's support order establishment performance measures

31  that are applicable to the administrative process this pilot

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  1  program, a measure of the effectiveness of the administrative

  2  process pilot program in establishing support orders as

  3  compared to the judicial process, and a measure of the cost

  4  efficiency of the administrative process pilot program as

  5  compared to the judicial process.  The Department of Revenue

  6  and the Division of Administrative Hearings shall implement

  7  the pilot program established by this section on July 1, 2001,

  8  or as soon thereafter as practicable. The department shall use

  9  the procedures of this section to establish support

10  obligations in Title IV-D cases on behalf of custodial parents

11  or caretaker relatives residing in the county selected for the

12  study area pilot program. By June 30, 2002, the Department of

13  Revenue shall submit a report on the implementation of the

14  administrative process in the study area pilot program to the

15  Governor and Cabinet, the President of the Senate, and the

16  Speaker of the House of Representatives. The Office of Program

17  Policy Analysis and Government Accountability shall conduct an

18  evaluation of the operation and impact of the administrative

19  process in the study area pilot program. In evaluating the

20  administrative process pilot program, achievement of the

21  measurable outcomes must be considered. The Office of Program

22  Policy Analysis and Government Accountability shall submit an

23  evaluation report on the administrative process in the study

24  area pilot program by June 30, 2003, which must include the

25  findings of the evaluation, the feasibility of a statewide

26  program, and any recommendations to improve the administrative

27  process established by this section, if any, for establishing

28  a statewide program. The pilot program expires June 30, 2004,

29  unless continued by action of the Legislature. The department

30  shall report to the Governor and Cabinet, the President of the

31  Senate, and the Speaker of the House of Representatives by

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  1  June 30, 2004, on the implementation and results of the

  2  procedures established by this section and s. 409.256.

  3         Section 8.  Subsection (1) of section 742.10, Florida

  4  Statutes, is amended to read:

  5         742.10  Establishment of paternity for children born

  6  out of wedlock.--

  7         (1)  This chapter provides the primary jurisdiction and

  8  procedures for the determination of paternity for children

  9  born out of wedlock. When the establishment of paternity has

10  been raised and determined within an adjudicatory hearing

11  brought under the statutes governing inheritance, or

12  dependency under workers' compensation or similar compensation

13  programs, or when an affidavit acknowledging paternity or a

14  stipulation of paternity is executed by both parties and filed

15  with the clerk of the court, or when an affidavit or notarized

16  voluntary acknowledgment of paternity as provided for in s.

17  382.013 or s. 382.016 is executed by both parties, or when

18  paternity is adjudicated by the Department of Revenue as

19  provided by s. 409.256, such adjudication, affidavit, or

20  acknowledgment constitutes it shall constitute the

21  establishment of paternity for purposes of this chapter. If no

22  adjudicatory proceeding was held, a notarized voluntary

23  acknowledgment of paternity shall create a rebuttable

24  presumption, as defined by s. 90.304, of paternity and is

25  subject to the right of any signatory to rescind the

26  acknowledgment within 60 days after of the date the

27  acknowledgment was signed or the date of an administrative or

28  judicial proceeding relating to the child, including a

29  proceeding to establish a support order, in which the

30  signatory is a party, whichever is earlier.  Both parents are

31  required to provide their social security numbers on any

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  1  acknowledgment of paternity, consent affidavit, or stipulation

  2  of paternity. Except for affidavits under seal pursuant to ss.

  3  382.015 and 382.016, the Office of Vital Statistics shall

  4  provide certified copies of affidavits to the Title IV-D

  5  agency upon request.

  6         Section 9.  Paragraph (a) of subsection (2) of section

  7  760.40, Florida Statutes, is amended to read:

  8         760.40  Genetic testing; informed consent;

  9  confidentiality.--

10         (2)(a)  Except for purposes of criminal prosecution,

11  except for purposes of determining paternity as provided in s.

12  409.256 or s. 742.12(1), and except for purposes of acquiring

13  specimens from persons convicted of certain offenses or as

14  otherwise provided in s. 943.325, DNA analysis may be

15  performed only with the informed consent of the person to be

16  tested, and the results of such DNA analysis, whether held by

17  a public or private entity, are the exclusive property of the

18  person tested, are confidential, and may not be disclosed

19  without the consent of the person tested. Such information

20  held by a public entity is exempt from the provisions of s.

21  119.07(1) and s. 24(a), Art. I of the State Constitution.

22         Section 10.  This act shall take effect upon becoming a

23  law.

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Provides for a person's driver's license and motor
      vehicle registration to be suspended for purposes of
  4    enforcing compliance with an order to appear for genetic
      testing. Provides a procedure for the Department of
  5    Revenue to commence an administrative proceeding to
      determine paternity or determine paternity and child
  6    support. Provides for the department to obtain an order
      for a person to appear for genetic testing. Provides for
  7    an administrative hearing to establish paternity or
      paternity and child support. Provides a right to judicial
  8    review of such an administrative order. Revises the pilot
      program for the administrative establishment of
  9    child-support obligations to provide for application of
      the program statewide. (See bill for details.)
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