Senate Bill sb2012c1

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    Florida Senate - 2002                           CS for SB 2012

    By the Committee on Children and Families; and Senator Peaden





    300-2037-02

  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; requiring the Office

17         of Program Policy Analysis and Government

18         Accountability to conduct an evaluation of the

19         statewide implementation of the administrative

20         processes for establishing paternity and child

21         support; requiring a report by January 31,

22         2005; amending s. 742.10, F.S.; providing that

23         an establishment of paternity by the Department

24         of Revenue applies to ch. 742, F.S., relating

25         to determination of parentage; amending s.

26         760.40, F.S.; providing that the procedures

27         under s. 409.256, F.S., are an exception to a

28         prohibition against performing a DNA analysis

29         without a person's informed consent; providing

30         an effective date.

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

  2

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

  4  61.13016, Florida Statutes, to read:

  5         61.13016  Suspension of driver's licenses and motor

  6  vehicle registrations.--

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

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

  9  testing.

10         Section 2.  Section 61.1814, Florida Statutes, is

11  amended to read:

12         61.1814  Child Support Enforcement Application and

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

14  Application and Program Revenue Trust Fund is hereby created,

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

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

17  assistance applicants for child support enforcement services

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

19  409.2578.  Moneys deposited from fines imposed under ss.

20  409.256(7)(b), 409.2564(8), and 409.2578 shall be maintained

21  separately from moneys deposited from application fees.

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

23  120.80, Florida Statutes, is amended to read:

24         120.80  Exceptions and special requirements;

25  agencies.--

26         (14)  DEPARTMENT OF REVENUE.--

27         (c)  Proceedings to establish paternity or paternity

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

29  proceedings for administrative child support

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

31  120.57 to the contrary, in proceedings to establish paternity

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

  2  proceedings for the establishment of administrative support

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

  4  by the Department of Revenue to the Division of Administrative

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

  6  judge and transmitted to the Department of Revenue for filing

  7  and rendering indexing. The Department of Revenue has the

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

  9  entered by an administrative law judge. The Department of

10  Revenue and the person ordered to appear for genetic testing

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

12  issued by an administrative law judge pursuant to s.

13  409.256(5)(b). Final orders that adjudicate paternity or

14  paternity and child support pursuant to s. 409.256 and

15  administrative support orders rendered pursuant to s. 409.2563

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

17  any method prescribed by law for the enforcement of judicial

18  support orders, except contempt.

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

20  section 382.013, Florida Statutes, is redesignated as

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

22  section to read:

23         382.013  Birth registration.--A certificate for each

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

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

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

27  local registrar if the certificate has been completed and

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

29  information regarding registered births shall be used for

30  comparison with information in the state case registry, as

31  defined in chapter 61.

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  1         (2)  PATERNITY.--

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

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

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

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

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

  7  Statutes, is amended to read:

  8         409.2557  State agency for administering child support

  9  enforcement program.--

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

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

12  120.54 to implement all laws administered by the department in

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

14  including, but not limited to, the following:

15         (a)  Background screening of department employees and

16  applicants, including criminal records checks;

17         (b)  Confidentiality and retention of department

18  records; access to records; record requests;

19         (c)  Department trust funds;

20         (d)  Federal funding procedures;

21         (e)  Agreements with law enforcement and other state

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

23  Parent Locator Service access;

24         (f)  Written agreements entered into between the

25  department and support obligors in establishment, enforcement,

26  and modification proceedings;

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

28  programs, and demonstration projects;

29         (h)  Management of cases by the department involving

30  any documentation or procedures required by federal or state

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

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  1  adjustment; audits; interstate actions; diligent efforts for

  2  service of process;

  3         (i)  Department procedures for orders for genetic

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

  5  increasing the amount of monthly obligations to secure

  6  delinquent support; suspending or denying driver's and

  7  professional licenses and certificates; fishing and hunting

  8  license suspensions; suspending vehicle and vessel

  9  registrations; screening applicants for new or renewal

10  licenses, registrations, or certificates; income deduction;

11  credit reporting and  accessing; tax refund intercepts;

12  passport denials; liens; financial institution data matches;

13  expedited procedures; medical support; and all other

14  responsibilities of the department as required by state or

15  federal law;

16         (j)  Collection and disbursement of support and alimony

17  payments by the department as required by federal law;

18  collection of genetic testing costs and other costs awarded by

19  the court;

20         (k)  Report information to and receive information from

21  other agencies and entities;

22         (l)  Provide location services, including accessing

23  from and reporting to federal and state agencies;

24         (m)  Privatizing location, establishment, enforcement,

25  modification, and other functions;

26         (n)  State case registry;

27         (o)  State disbursement unit; and

28         (p)  Administrative proceedings to establish paternity

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

30  genetic testing, and administrative proceedings to establish

31  child-support obligations; and

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

  2  required by state or federal law.

  3         Section 6.  Section 409.256, Florida Statutes, is

  4  created to read:

  5         409.256  Administrative proceeding to establish

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

  7  genetic testing.--

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

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

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

11  with whom the child primarily resides. References in this

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

13  testing mean that the custodian is obligated to submit the

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

15  to genetic testing.

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

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

18  clerk or an authorized deputy clerk designated by the

19  department.

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

21  genetic markers which is performed by a qualified technical

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

23  child or to show a probability of paternity.

24         (d)  "Paternity proceeding" means an administrative

25  action commenced by the department to order genetic testing

26  and establish paternity pursuant to this section.

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

28  administrative action commenced by the department to order

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

30  administrative support order pursuant to this section.

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

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

  3  not been established and whose mother was unmarried when the

  4  child was conceived and born.

  5         (g)  "Qualified technical laboratory" means a

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

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

  8  acknowledged as reliable by accreditation bodies designated by

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

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

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

12  if the laboratory has comparable qualifications.

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

14  filed with the clerk or a deputy clerk of the department and

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

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

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

18  the department with a notice of proceeding pursuant to

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

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

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

22  in s. 88.1011(19).

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

24  ACCESS TO THE COURTS.--

25         (a)  The department may commence a paternity proceeding

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

27  subsection (4) if:

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

29         2.  No one is named as the father on the child's birth

30  certificate or the person named as the father is the putative

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  1  father named in an affidavit or written declaration as

  2  provided by subparagraph 5.;

  3         3.  The child's mother was unmarried when the child was

  4  conceived and born;

  5         4.  The department is providing services under Title

  6  IV-D; and

  7         5.  The child's mother or a putative father has stated

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

  9  92.525(2) that the putative father is or may be the child's

10  biological father. The affidavit or written declaration must

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

12  provided by s. 742.12(2).

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

14  state to assist in the establishment of paternity, the

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

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

17  to the other state without commencing a paternity proceeding

18  in this state.

19         (c)  The department may use the procedures authorized

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

21  assert personal jurisdiction under chapter 48 or chapter 88.

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

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

24  schedule that individual or the child for genetic testing

25  without serving that individual with an order to appear for

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

27  to an order to appear for genetic testing, may waive, in

28  writing or on the record at an administrative hearing, formal

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

30  time periods prescribed by this section.

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  1         (e)  Whenever practicable, hearings held by the

  2  Division of Administrative Hearings pursuant to this section

  3  shall be held in the judicial circuit where the person

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

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

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

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

  8  held in another location.

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

10  jurisdiction of the circuit courts to hear and determine

11  issues regarding establishment of paternity. This section is

12  intended to provide the department with an alternative

13  procedure for establishing paternity and child-support

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

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

16  in circuit court for a determination of paternity or of

17  child-support obligations.

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

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

20  may proceed under this section against a single putative

21  father or may proceed simultaneously against more than one

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

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

24  mother, the department may proceed to establish the paternity

25  of each child in the same proceeding.

26         (4)  NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR

27  PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC

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

29  commence a proceeding to determine paternity, or a proceeding

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

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

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

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

  3  copy of the affidavit or written declaration upon which the

  4  proceeding is based shall be provided to the respondent when

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

  6  testing shall be served by certified mail, restricted

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

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

  9  by certified mail is completed when the certified mail is

10  received or refused by the addressee. For purposes of this

11  section, an employee or an authorized agent of the department

12  may serve the notice or order to appear for genetic testing

13  and execute an affidavit of service. The department may serve

14  an order to appear for genetic testing on a custodian. The

15  department shall provide a copy of the notice or order to

16  appear by regular mail to the mother and custodian, if they

17  are not respondents.

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

19  state:

20         1.  That the department has commenced an administrative

21  proceeding to establish whether the putative father is the

22  biological father of the child named in the notice;

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

24  name of the child's mother;

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

26  affidavit or written declaration that states the putative

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

28         4.  That the respondent is required to submit to

29  genetic testing;

30         5.  That genetic testing will establish either a high

31  degree of probability that the putative father is the

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  1  biological father of the child or that the putative father

  2  cannot be the biological father of the child;

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

  4  indicate a statistical probability of paternity which equals

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

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

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

  8  statistical probability of paternity which equals or exceeds

  9  99 percent, the department may:

10         a.  Issue a proposed order of paternity which the

11  respondent may consent to or contest at an administrative

12  hearing; or

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

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

15  which notice of that proceeding will be provided to the

16  respondent by regular mail;

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

18  statistical probability of paternity which equals or exceeds

19  99 percent and a proceeding to establish an administrative

20  support order is commenced, the department will issue a

21  proposed order that addresses paternity and child support

22  which the respondent may consent to or contest at an

23  administrative hearing;

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

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

26  the department will adopt the proposed order and render a

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

28  administrative support order for the child;

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

30  respondent shall notify the department in writing of any

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

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  1  respondent will be deemed to have received any subsequent

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

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

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

  5  this requirement continues if the department renders a final

  6  order that establishes paternity and a support order for the

  7  child;

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

  9  court for a determination of paternity, child-support

10  obligations, or both; and

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

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

13  complaint within 20 days after being served notice under this

14  subsection, the administrative process ends without prejudice

15  and the action must proceed in circuit court.

16         13.  That, if paternity is established, the putative

17  father may file a petition in circuit court for a

18  determination of matters relating to custody and rights of

19  parental contact.

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

21  child support must state the matters required by paragraph

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

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

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

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

26  409.2563 apply to a proceeding commenced under this paragraph.

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

28  inform the person ordered to appear:

29         1.  That the department has commenced an administrative

30  proceeding to establish whether the putative father is the

31  biological father of the child;

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

  2  name of the child's mother;

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

  4  affidavit or written declaration that states the putative

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

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

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

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

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

10  submit the child to genetic testing;

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

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

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

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

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

16  other form of verification approved by the department;

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

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

19  genetic testing and will provide the person ordered to appear

20  with a copy of any test results obtained;

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

22  appear as ordered or refuses to submit to genetic testing

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

24  these actions:

25         a.  Commence proceedings to suspend the driver's

26  license and motor vehicle registration of the person ordered

27  to appear, as provided by s. 61.13016;

28         b.  Impose an administrative fine against the person

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

30         c.  File a petition in circuit court to establish

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

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  1  order for costs against the person ordered to appear,

  2  including costs for genetic testing; and

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

  4  order by filing a written request for informal review within

  5  15 days after the date of service of the order, with further

  6  rights to an administrative hearing following the informal

  7  review.

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

  9  TESTING.--

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

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

12  informal review with the department within 15 days after the

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

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

15  opportunity to discuss the proceedings and the basis of the

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

17  department shall notify the person ordered to appear, in

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

19  the department notifies the person ordered to appear of its

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

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

22  administrative hearing.

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

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

25  the department will proceed with an order to appear for

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

27  request for an administrative hearing to contest whether the

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

29  request for an administrative hearing must state the specific

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

31  should not be required to submit to genetic testing as

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

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

  3  request to the Division of Administrative Hearings. Unless

  4  otherwise provided by this section, administrative hearings

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

  6  The administrative law judge assigned to the case shall issue

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

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

  9  and the person ordered to appear may seek immediate judicial

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

11  law judge pursuant to this paragraph.

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

13  administrative hearing is filed, the department may not

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

15  not impose sanctions for failure or refusal to submit to

16  genetic testing until:

17         1.  The department has notified the person of its

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

19  for hearing is not filed;

20         2.  The person ordered to appear withdraws the request

21  for hearing or informal review; or

22         3.  The Division of Administrative Hearings issues an

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

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

25  has become final.

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

27  administrative hearing is not timely filed, the person ordered

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

29  the department may proceed under the order to appear for

30  genetic testing.

31         (6)  SCHEDULING OF GENETIC TESTING.--

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

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

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

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

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

  6  presenting a form of identification as prescribed by s.

  7  117.05(5)(b)2., which bears the photograph of the person who

  8  is providing the sample or other form of verification approved

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

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

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

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

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

14  genetic testing.

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

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

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

18  department to reschedule the test;

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

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

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

22  against whom sanctions have been imposed as provided by

23  subsection (7).

24

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

26  the department within 10 days after the scheduled test date

27  and must state the facts and circumstances supporting the

28  claim. The department shall notify the person ordered to

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

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

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

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

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

  3  the department under subsection (7).

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

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

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

  7  of the initial genetic testing results and by paying the

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

  9         (d)  The department may schedule and require a

10  subsequent genetic test if it has reason to believe the

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

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

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

14  ordered under this section.

15         (7)  FAILURE OR REFUSAL TO SUBMIT TO GENETIC

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

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

18  refuses to submit to testing without good cause, the

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

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

21  license and motor vehicle registration of the person ordered

22  to appear, as provided by s. 61.13016;

23         (b)  Impose an administrative fine against the person

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

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

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

27  reimbursement from the person ordered to appear for the full

28  cost of genetic testing incurred by the department.

29

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

31  motor vehicle registration may be reinstated when the person

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  1  ordered to appear complies with the order to appear for

  2  genetic testing. The department may collect an administrative

  3  fine imposed under this subsection by using civil remedies or

  4  other statutory means available to the department for

  5  collecting support.

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

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

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

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

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

11  indicate a statistical probability of paternity which equals

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

13  that child.

14         (9)  PROPOSED ORDER OF PATERNITY; COMMENCEMENT OF

15  PROCEEDING TO ESTABLISH ADMINISTRATIVE SUPPORT ORDER; PROPOSED

16  ORDER OF PATERNITY AND CHILD SUPPORT.--

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

18  this section and the results of genetic testing indicate a

19  statistical probability of paternity which equals or exceeds

20  99 percent, the department may:

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

22  paragraph (b); or

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

24  paternity, commence, by regular mail, an administrative

25  proceeding to establish a support order for the child pursuant

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

27  addresses paternity and child support.

28         (b)  A proposed order of paternity must:

29         1.  State proposed findings of fact and conclusions of

30  law;

31

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

  2  and

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

  4  informal review and to contest the proposed order of paternity

  5  at an administrative hearing.

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

  7  been commenced under this section and the results of genetic

  8  testing indicate a statistical probability of paternity which

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

10  single proposed order that addresses paternity as provided by

11  this section and child support as provided by s. 409.2563.

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

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

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

15  they are not respondents.

16         (10)  INFORMAL REVIEW; ADMINISTRATIVE HEARING;

17  PRESUMPTION OF PATERNITY.--

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

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

20  department representative at the address or telephone number

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

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

23  requesting a hearing is extended until 10 days after the

24  department mails notice to the respondent that the informal

25  review has been concluded.

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

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

28  notice that an informal review has been concluded, whichever

29  is later, the respondent may request an administrative hearing

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

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

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  1  the proposed order, the specific objections to the genetic

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

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

  4  right to a hearing.

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

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

  7  Division of Administrative Hearings. Unless otherwise provided

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

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

10  designated employee or other representative of the department,

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

12  qualified representative at the hearing.

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

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

15  of this section, a statistical probability of paternity which

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

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

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

19  clear and convincing evidence. The respondent or the

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

21  testing procedure or results, or the mathematical theory on

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

23  custody of the samples tested is competent evidence to

24  establish the chain of custody.

25         (11)  FINAL ORDER ESTABLISHING PATERNITY OR PATERNITY

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

27  STATISTICS.--

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

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

30  Administrative Hearings shall issue a final order that

31  adjudicates paternity or, if appropriate, paternity and child

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  1  support. A final order of the administrative law judge

  2  constitutes final agency action by the department. The

  3  Division of Administrative Hearings shall transmit any such

  4  order to the department for filing and rendering.

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

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

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

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

  9  appropriate.

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

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

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

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

14  with s. 120.68.

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

16  final order of paternity and child support, the department

17  shall notify the Office of Vital Statistics that the paternity

18  of the child has been established.

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

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

21  pursuant to chapter 742.

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

23  final administrative support order rendered under that section

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

25  child-support obligation is established.

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

27  appropriate, may issue a corrected final order to correct

28  typographical or clerical errors contained in the original

29  final order.

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

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

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

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

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

  4  order issued by an administrative law judge under subsection

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

  6  paragraph (5)(b).

  7         (13)  DUTY TO PROVIDE AND MAINTAIN CURRENT MAILING

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

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

10  notice of proceeding must inform the department in writing of

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

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

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

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

15  address.

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

17  genetic testing performed pursuant to this section are

18  admissible as evidence to the same extent as scientific

19  testing ordered by the court pursuant to chapter 742.

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

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

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

23  been established and is not presumed by law.

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

25  this section are supplemental and in addition to other

26  remedies available to the department for the establishment of

27  paternity and child-support obligations.

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

29  rules necessary to administer this section.

30         Section 7.  Section 409.2563, Florida Statutes, is

31  amended to read:

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  1         409.2563  Pilot program for Administrative

  2  establishment of child support obligations.--

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

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

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

  6  section establishing or modifying the obligation of a

  7  noncustodial parent to contribute to the support and

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

  9  provisions for monetary support, retroactive support, health

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

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

12  in s. 414.0252(11).

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

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

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

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

17  by the clerk or deputy clerk.

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

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

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

21  other information needed to calculate the child support

22  guideline amount under s. 61.30

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

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

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

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

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

28  which the department is providing child support services

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

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

31

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

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

  3

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

  5  ss. 61.046 and 409.2554.

  6         (2)  PURPOSE AND SCOPE.--

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

  8  jurisdiction of the circuit courts to hear and determine

  9  issues regarding child support. This section is intended to

10  provide the department with an alternative procedure for

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

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

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

14  effective throughout the state and shall be implemented

15  statewide.

16         (b)  The administrative procedure set forth in this

17  section concerns only the establishment of child support

18  obligations. This section does not grant jurisdiction to the

19  department or the Division of Administrative Hearings to hear

20  or determine issues of dissolution of marriage, separation,

21  alimony or spousal support, termination of parental rights,

22  dependency, disputed paternity except for a determination of

23  paternity as provided by s. 409.256, award of or change of

24  custody, or visitation. This paragraph notwithstanding, the

25  department and the Division of Administrative Hearings may

26  make findings of fact that which are necessary for a proper

27  determination of a noncustodial parent's support obligation as

28  authorized by this section.

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

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

31  presumed by law, or whose paternity is the subject of a

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

  2  a noncustodial parent's child support obligation pursuant to

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

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

  5  department may include any obligation to pay retroactive

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

  7  child, whether through insurance coverage, reimbursement of

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

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

10  provided by ss. 409.2561 and 409.2567;

11         2.  A former recipient of public assistance, as

12  provided by s. 409.2569;

13         3.  An individual who has applied for services as

14  provided by s. 409.2567;

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

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

17  provided by chapter 88.

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

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

20  court having jurisdiction and proper venue to determine the

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

22  support order issued by a circuit court prospectively

23  supersedes an administrative support order rendered by the

24  department.

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

26  may use the procedures authorized by this section to establish

27  a child support obligation against a nonresident over whom the

28  state may assert personal jurisdiction under chapter 48 or

29  chapter 88.

30         (4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE

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

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  1  the department shall provide to the custodial parent and serve

  2  the noncustodial parent with a notice of proceeding to

  3  establish administrative support order and a blank financial

  4  affidavit form. The notice must state:

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

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

  7  the child or children;

  8         (b)  That the department intends to establish an

  9  administrative support order as defined in this section;

10         (c)  That both parents must submit a completed

11  financial affidavit to the department within 20 days after

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

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

14  relative if applicable, are required to furnish to the

15  department information regarding their identities and

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

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

18  relative if applicable, are required to promptly notify the

19  department of any change in their mailing addresses to ensure

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

21  provided by paragraph (13)(c);

22         (f)  That the department will calculate support

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

24  and using all available information, as provided by paragraph

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

26  administrative support order;

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

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

29  a copy of the proposed administrative support order, the

30  department's child support worksheet, and any financial

31

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  1  affidavits submitted by a parent or prepared by the

  2  department;

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

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

  5  mailing or other service of the proposed administrative

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

  7  request a hearing;

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

  9  timely request for hearing after service of the proposed

10  administrative support order, the department will issue an

11  administrative support order that incorporates the findings of

12  the proposed administrative support order, and will send by

13  regular mail a copy of the administrative support order to

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

15         (j)  That after an administrative support order is

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

17  the clerk of the circuit court;

18         (k)  That after an administrative support order is

19  rendered, the department may enforce the administrative

20  support order by any lawful means; and

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

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

23  court having jurisdiction and proper venue to determine the

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

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

26  administrative support order rendered by the department; and.

27         (m)  That if the respondent files an action in circuit

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

29  complaint within 20 days after being served notice under this

30  subsection, the administrative process ends without prejudice

31  and the action must proceed in circuit court.

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  1

  2  The department may serve the notice of proceeding to establish

  3  administrative support order by certified mail, restricted

  4  delivery, return receipt requested. Alternatively, the

  5  department may serve the notice by any means permitted for

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

  7  section, an authorized employee of the department may serve

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

  9  certified mail is completed when the certified mail is

10  received or refused by the addressee. The department shall

11  provide the custodial parent or caretaker relative with a copy

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

13  custodial parent or caretaker.

14         (5)  PROPOSED ADMINISTRATIVE SUPPORT ORDER.--

15         (a)  After serving notice upon the noncustodial parent

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

17  calculate the noncustodial parent's child support obligation

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

19  based on any timely financial affidavits received and other

20  information available to the department. If either parent

21  fails to comply with the requirement to furnish a financial

22  affidavit, the department may proceed on the basis of

23  information available from any source, if such information is

24  sufficiently reliable and detailed to allow calculation of

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

26  receives public assistance and fails to submit a financial

27  affidavit, the department may submit a financial affidavit for

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

29  lack of sufficient reliable information concerning a parent's

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

31  presumed for the purpose of establishing a support obligation

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

  2  minimum wage during the applicable period.

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

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

  5  copies of the proposed administrative support order, its

  6  completed child support worksheet, and any financial

  7  affidavits submitted by a parent or prepared by the

  8  department. The proposed administrative support order must

  9  contain the same elements as required for an administrative

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

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

12  with the proposed administrative support order, which notice

13  must inform the noncustodial parent that:

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

15  the date of mailing or other service of the proposed

16  administrative support order, request a hearing by filing a

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

18  the department;

19         2.  If the noncustodial parent files a timely request

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

21  of Administrative Hearings, which shall conduct further

22  proceedings and may enter an administrative support order;

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

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

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

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

27         4.  The noncustodial parent may consent in writing to

28  entry of an administrative support order without a hearing;

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

30  the date of mailing or other service of the proposed

31  administrative support order, contact a department

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  1  representative, at the address or telephone number specified

  2  in the notice, to informally discuss the proposed

  3  administrative support order and, if informal discussions are

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

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

  6  the department notifies the noncustodial parent that the

  7  informal discussions have been concluded; and

  8         6.  If an administrative support order that establishes

  9  a noncustodial parent's support obligation is rendered,

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

11  may enforce the administrative support order by any lawful

12  means.

13         (d)  If, after serving the proposed administrative

14  support order but before a final administrative support order

15  is rendered, the department receives additional information

16  that makes it necessary to amend the proposed administrative

17  support order, it shall prepare an amended proposed

18  administrative support order, with accompanying amended child

19  support worksheets and other material necessary to explain the

20  changes, and follow the same procedures set forth in

21  paragraphs (b) and (c).

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,

31

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  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

31

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  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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  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         (a)  The department may implement an income deduction

27  notice immediately upon rendition of an income deduction

28  order, whether it is incorporated in the administrative

29  support order or rendered separately.

30

31

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  1         (b)  The department may initiate other collection

  2  action 15 days after the date an administrative support order

  3  is rendered under this section.

  4         (c)  In a subsequent proceeding to enforce an

  5  administrative support order, notice of the proceeding that is

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

  7  furnished to the department constitutes adequate notice of the

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

  9         (d)  An administrative support order rendered under

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

11  until modified by the department or superseded by a court

12  order, may be enforced:

13         1.  In any manner permitted for enforcement of a

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

15  contempt; or

16         2.  Pursuant to s. 120.69.

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

18  SUPERSEDING ADMINISTRATIVE SUPPORT ORDER.--

19         (a)  A noncustodial parent has the right to seek

20  judicial review of an administrative support order or a final

21  order denying an administrative support order in accordance

22  with s. 120.68. The department has the right to seek judicial

23  review, in accordance with s. 120.68, of an administrative

24  support order or a final order denying an administrative

25  support order entered by an administrative law judge of the

26  Division of Administrative Hearings.

27         (b)  An administrative support order rendered under

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

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

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

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

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  1  administrative support order, the circuit court may enforce

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

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

  4  administrative support order that includes a finding of

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

  6  change by the court in the support obligations established in

  7  the administrative support order, does not supersede the

  8  administrative support order or affect the department's

  9  authority to modify the administrative support order as

10  provided by subsection (12).

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

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

13  enter an order prospectively changing the support obligations

14  established in an administrative support order, in which case

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

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

17  support owed under the superseded administrative support order

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

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

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

21  which an administrative support order is superseded, the court

22  shall determine the amount of any unpaid support owed under

23  the administrative support order and shall include the amount

24  as arrearage in its superseding order.

25         (11)  EFFECTIVENESS OF ADMINISTRATIVE SUPPORT

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

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

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

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

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

31  support order has been rendered:

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

  2  enforce or modify the administrative support order;

  3         (b)  The administrative support order remains effective

  4  until superseded by a subsequent court order; and

  5         (c)  The administrative support order may be enforced

  6  by the obligee by any means provided by law.

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

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

  9  department may modify, suspend, or terminate an administrative

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

11  the requirements for modifications of judicial support orders

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

13  procedures set forth in this section for establishing an

14  administrative support order, as applicable.

15         (13)  REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT

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

17  section:

18         (a)  The noncustodial parent and custodial parent must

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

20  after receipt of the notice of proceeding to establish

21  administrative support order, a financial affidavit in the

22  form prescribed by the department in the Florida Family Law

23  Rules of Procedure. An updated financial affidavit must be

24  executed and furnished to the department at the inception of

25  each proceeding to modify an administrative support order.

26  Caretaker relatives are not required to furnish financial

27  affidavits.

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

29  caretaker relative if applicable, shall disclose to the

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

31  of proceeding to establish administrative support order, and

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  1  update as appropriate, information regarding their identity

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

  3  security numbers; residential and mailing addresses; telephone

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

  5  telephone numbers of employers. Pursuant to the federal

  6  Personal Responsibility and Work Opportunity Reconciliation

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

  8  security number in accordance with this section. Disclosure of

  9  social security numbers obtained through this requirement

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

11  IV-D program for child support enforcement.

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

13  caretaker relative, if applicable, have a continuing

14  obligation to promptly inform the department in writing of any

15  change in their mailing addresses to ensure receipt of all

16  subsequent pleadings, notices, payments, statements, and

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

18  most recent address furnished by the person.

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

20  subsequent judicial proceeding concerning the support of the

21  same child or children shall affirmatively plead the existence

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

23  administrative support order rendered under this section, and

24  shall provide the department with a copy of the initial

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

26  any such judicial proceeding involving issues within the scope

27  of the Title IV-D case.

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

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

30  seek establishment of child support obligations under any

31  other applicable law.

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

  2  rules to administer this section.

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

  4  identifying measurable outcomes and evaluating the

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

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

  7  located in a county selected by the Department of Revenue

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

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

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

11  fiscal year. The Department of Revenue shall develop

12  measurable outcomes that at a minimum consist of the

13  department's support order establishment performance measures

14  that are applicable to the administrative process this pilot

15  program, a measure of the effectiveness of the administrative

16  process pilot program in establishing support orders as

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

18  efficiency of the administrative process pilot program as

19  compared to the judicial process.  The Department of Revenue

20  and the Division of Administrative Hearings shall implement

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

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

23  the procedures of this section to establish support

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

25  or caretaker relatives residing in the county selected for the

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

27  Revenue shall submit a report on the implementation of the

28  administrative process in the study area pilot program to the

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

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

31  Policy Analysis and Government Accountability shall conduct an

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  1  evaluation of the operation and impact of the administrative

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

  3  administrative process pilot program, achievement of the

  4  measurable outcomes must be considered. The Office of Program

  5  Policy Analysis and Government Accountability shall submit an

  6  evaluation report on the administrative process in the study

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

  8  findings of the evaluation, the feasibility of a statewide

  9  program, and any recommendations to improve the administrative

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

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

12  unless continued by action of the Legislature. The department

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

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

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

16  procedures established by this section and s. 409.256. The

17  Office of Program Policy Analysis and Government

18  Accountability shall conduct an evaluation of the statewide

19  implementation of the administrative process for establishing

20  paternity provided for in s. 409.256, and the administrative

21  process for establishing child support provided for in this

22  section. This evaluation shall examine whether these processes

23  have been effectively implemented and administered statewide

24  and are operating to the benefit of the children, including,

25  but not limited to the ability of Title IV-D parents to easily

26  access the court system for necessary court action. The Office

27  of Program Policy Analysis and Government Accountability shall

28  submit an evaluation report on the statewide implementation of

29  the administrative processes for establishing paternity and

30  establishing child support by January 31, 2005.

31

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

  2  Statutes, is amended to read:

  3         742.10  Establishment of paternity for children born

  4  out of wedlock.--

  5         (1)  This chapter provides the primary jurisdiction and

  6  procedures for the determination of paternity for children

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

  8  been raised and determined within an adjudicatory hearing

  9  brought under the statutes governing inheritance, or

10  dependency under workers' compensation or similar compensation

11  programs, or when an affidavit acknowledging paternity or a

12  stipulation of paternity is executed by both parties and filed

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

14  voluntary acknowledgment of paternity as provided for in s.

15  382.013 or s. 382.016 is executed by both parties, or when

16  paternity is adjudicated by the Department of Revenue as

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

18  acknowledgment constitutes it shall constitute the

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

20  adjudicatory proceeding was held, a notarized voluntary

21  acknowledgment of paternity shall create a rebuttable

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

23  subject to the right of any signatory to rescind the

24  acknowledgment within 60 days after of the date the

25  acknowledgment was signed or the date of an administrative or

26  judicial proceeding relating to the child, including a

27  proceeding to establish a support order, in which the

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

29  required to provide their social security numbers on any

30  acknowledgment of paternity, consent affidavit, or stipulation

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

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  1  382.015 and 382.016, the Office of Vital Statistics shall

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

  3  agency upon request.

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

  5  760.40, Florida Statutes, is amended to read:

  6         760.40  Genetic testing; informed consent;

  7  confidentiality.--

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

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

10  409.256 or s. 742.12(1), and except for purposes of acquiring

11  specimens from persons convicted of certain offenses or as

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

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

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

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

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

17  without the consent of the person tested. Such information

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

19  119.07(1) and s. 24(a), Art. I of the State Constitution.

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

21  law.

22

23

24

25

26

27

28

29

30

31

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2012

  3

  4  Requires the Department of Revenue to serve the respondent at
    the same time as the order is filed in the department.
  5
    Includes in the criteria to determine the Title IV-D cases
  6  that can use the administrative process to establish paternity
    those cases where the father is not named on the birth
  7  certificate or where the father on the birth certificate is
    the same as the putative father identified on the affidavit.
  8
    Requires that a respondent's waiving of service of notice or
  9  other rights must be done in writing or on the record at an
    administrative hearing.
10
    Clarifies that service by certified mail is complete only if
11  received or refused by the addressee.

12  Clarifies that the administrative support order has the force
    and effect of a court order.
13
    Provides that entering the administrative support order
14  creates a presumption of the obligor's ability to pay when the
    obligor has later failed to pay the support and the court is
15  considering contempt.

16  Clarifies the distinction between and the source of authority
    for the administrative process to establish paternity and the
17  administrative process to establish child support.

18  Requires the Department of Revenue to include in its notice to
    commence the process to establish paternity a provision
19  stating that the father can petition the court for visitation
    and custody if paternity is established.
20
    Directs the Office of Program Policy Analysis and Government
21  Accountability to evaluate the statewide implementation of the
    administrative processes to establish paternity and establish
22  child support with a report to be submitted January 2005.

23

24

25

26

27

28

29

30

31

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