Senate Bill sb2012c2

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    Florida Senate - 2002                    CS for CS for SB 2012

    By the Committees on Judiciary; Children and Families; and
    Senator Peaden




    308-2330-02

  1                      A bill to be entitled

  2         An act relating to the administrative

  3         establishment of child support; amending s.

  4         120.80, F.S.; providing for immediate judicial

  5         review of any such order; providing for

  6         enforcement; amending s. 409.2557, F.S.;

  7         authorizing the Department of Revenue to adopt

  8         rules for administrative proceedings to

  9         establish child-support obligations; amending

10         s. 409.2563, F.S.; revising the pilot program

11         for administrative establishment of

12         child-support obligations; providing for

13         statewide application of the procedures

14         established under the pilot program; providing

15         process for optional pursuit of judicial

16         process; providing for the withholding of a

17         specified portion of a noncustodial parent's

18         unemployment compensation; authorizing the

19         Division of Administrative Hearings to render

20         an income deduction order; providing for the

21         use of a financial affidavit as prescribed by

22         the department; requiring an evaluation of the

23         administrative process for establishing

24         child-support obligations; requiring the Office

25         of Program Policy Analysis and Government

26         Accountability to conduct an evaluation of the

27         statewide implementation of the administrative

28         processes for child support; requiring a report

29         by January 31, 2005; providing legislative

30         intent regarding support for administrative

31         child-support process; directing the Department

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  1         of Revenue to study the feasibility of an

  2         administrative process for the establishment of

  3         paternity in Title IV cases; providing an

  4         effective date.

  5  

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

  7  

  8         Section 1.  Paragraph (c) of subsection (14) of section

  9  120.80, Florida Statutes, is amended to read:

10         120.80  Exceptions and special requirements;

11  agencies.--

12         (14)  DEPARTMENT OF REVENUE.--

13         (c)  Proceedings for administrative child support

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

15  120.57 to the contrary, in proceedings for the establishment

16  of administrative support orders pursuant to s. 409.2563,

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

18  the Division of Administrative Hearings shall be entered by

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

20  Department of Revenue for filing and rendering indexing. The

21  Department of Revenue has the right to seek judicial review

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

23  law judge.  Administrative support orders rendered pursuant to

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

25  alternatively, by any method prescribed by law for the

26  enforcement of judicial support orders, except contempt.

27         Section 2.  Subsection (3) of section 409.2557, Florida

28  Statutes, is amended to read:

29         409.2557  State agency for administering child support

30  enforcement program.--

31  

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

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

  3  120.54 to implement all laws administered by the department in

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

  5  including, but not limited to, the following:

  6         (a)  Background screening of department employees and

  7  applicants, including criminal records checks;

  8         (b)  Confidentiality and retention of department

  9  records; access to records; record requests;

10         (c)  Department trust funds;

11         (d)  Federal funding procedures;

12         (e)  Agreements with law enforcement and other state

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

14  Parent Locator Service access;

15         (f)  Written agreements entered into between the

16  department and support obligors in establishment, enforcement,

17  and modification proceedings;

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

19  programs, and demonstration projects;

20         (h)  Management of cases by the department involving

21  any documentation or procedures required by federal or state

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

23  adjustment; audits; interstate actions; diligent efforts for

24  service of process;

25         (i)  Department procedures for orders for genetic

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

27  increasing the amount of monthly obligations to secure

28  delinquent support; suspending or denying driver's and

29  professional licenses and certificates; fishing and hunting

30  license suspensions; suspending vehicle and vessel

31  registrations; screening applicants for new or renewal

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  1  licenses, registrations, or certificates; income deduction;

  2  credit reporting and  accessing; tax refund intercepts;

  3  passport denials; liens; financial institution data matches;

  4  expedited procedures; medical support; and all other

  5  responsibilities of the department as required by state or

  6  federal law;

  7         (j)  Collection and disbursement of support and alimony

  8  payments by the department as required by federal law;

  9  collection of genetic testing costs and other costs awarded by

10  the court;

11         (k)  Report information to and receive information from

12  other agencies and entities;

13         (l)  Provide location services, including accessing

14  from and reporting to federal and state agencies;

15         (m)  Privatizing location, establishment, enforcement,

16  modification, and other functions;

17         (n)  State case registry;

18         (o)  State disbursement unit; and

19         (p)  Administrative proceedings to establish

20  child-support obligations; and

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

22  required by state or federal law.

23         Section 3.  Section 409.2563, Florida Statutes, is

24  amended to read:

25         409.2563  Pilot program for Administrative

26  establishment of child support obligations.--

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

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

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

30  section establishing or modifying the obligation of a

31  noncustodial parent to contribute to the support and

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

  2  provisions for monetary support, retroactive support, health

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

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

  5  in s. 414.0252(11).

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

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

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

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

10  by the clerk or deputy clerk.

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

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

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

14  other information needed to calculate the child support

15  guideline amount under s. 61.30.

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

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

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

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

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

21  which the department is providing child support services

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

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

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

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

26  

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

28  ss. 61.046 and 409.2554.

29         (2)  PURPOSE AND SCOPE.--

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

31  jurisdiction of the circuit courts to hear and determine

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  1  issues regarding child support. This section is intended to

  2  provide the department with an alternative procedure for

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

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

  5  support. The procedures in this section are effective

  6  throughout the state and shall be implemented 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.

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

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

21  presumed by law, the department may establish the a

22  noncustodial parent's child support obligation pursuant to

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

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

25  department may include any obligation to pay retroactive

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

27  child, whether through insurance coverage, reimbursement of

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

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

30  provided by ss. 409.2561 and 409.2567;

31  

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  1         2.  A former recipient of public assistance, as

  2  provided by s. 409.2569;

  3         3.  An individual who has applied for services as

  4  provided by s. 409.2567;

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

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

  7  provided by chapter 88.

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

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

10  court having jurisdiction and proper venue to determine the

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

12  support order issued by a circuit court prospectively

13  supersedes an administrative support order rendered by the

14  department.

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

16  nor the Division of Administrative Hearings has jurisdiction

17  to award or change child custody or rights of parental

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

19  a circuit court having jurisdiction and proper venue for a

20  determination of child custody and rights of parental contact.

21         (f)  The department shall terminate the administrative

22  proceeding and file a civil action in circuit court to

23  determine child support if, within 20 days after receipt of

24  the initial notice, the noncustodial parent requests in

25  writing that the department proceed in circuit court or states

26  in writing the noncustodial parent's intent to address issues

27  concerning custody or rights to parental contact in court and

28  if, within 10 days after receipt of the department's petition

29  and waiver-of-service form, the noncustodial parent signs and

30  returns the waiver-of-service form to the department.

31  

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

  2  under this section must be written clearly and plainly.

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

  4  may use the procedures authorized by this section to establish

  5  a child support obligation against a nonresident over whom the

  6  state may assert personal jurisdiction under chapter 48 or

  7  chapter 88.

  8         (4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE

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

10  the department shall provide to the custodial parent and serve

11  the noncustodial parent with a notice of proceeding to

12  establish administrative support order and a blank financial

13  affidavit form. The notice must state:

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

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

16  the child or children;

17         (b)  That the department intends to establish an

18  administrative support order as defined in this section;

19         (c)  That both parents must submit a completed

20  financial affidavit to the department within 20 days after

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

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

23  relative if applicable, are required to furnish to the

24  department information regarding their identities and

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

26         (e)  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 to ensure

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

30  provided by paragraph (13)(c);

31  

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  1         (f)  That the department will calculate support

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

  3  and using all available information, as provided by paragraph

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

  5  administrative support order;

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

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

  8  a copy of the proposed administrative support order, the

  9  department's child support worksheet, and any financial

10  affidavits submitted by a parent or prepared by the

11  department;

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

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

14  mailing or other service of the proposed administrative

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

16  request a hearing;

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

18  timely request for hearing after service of the proposed

19  administrative support order, the department will issue an

20  administrative support order that incorporates the findings of

21  the proposed administrative support order, and will send by

22  regular mail a copy of the administrative support order to

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

24         (j)  That after an administrative support order is

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

26  the clerk of the circuit court;

27         (k)  That after an administrative support order is

28  rendered, the department may enforce the administrative

29  support order by any lawful means; and

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

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

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  1  court having jurisdiction and proper venue to determine the

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

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

  4  administrative support order rendered by the department;.

  5         (m)  That, if the noncustodial parent files a civil

  6  action to determine child support in a circuit court having

  7  jurisdiction and serves the department with a copy of the

  8  petition within 20 days after being served notice under this

  9  subsection, the department terminates the administrative

10  proceeding to determine child support without prejudice and

11  the action to determine child support must proceed in circuit

12  court;

13         (n)  Information provided by the Office of the State

14  Courts Administrator concerning the availability and location

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

16  circuit court but who cannot afford an attorney.

17         (o)  That neither the department nor the Division of

18  Administrative Hearings has jurisdiction to award or change

19  child custody or rights of parental contact, and that issues

20  regarding child custody and rights of parental contact may be

21  addressed only by a circuit court having jurisdiction to

22  determine these issues; and

23         (p)  That, if the noncustodial parent raises the issues

24  of child custody or rights of parental contact or requests to

25  proceed in circuit court, the noncustodial parent may request

26  in writing that the department proceed to determine child

27  support in the circuit court having jurisdiction as follows:

28         1.  The noncustodial parent must make such request in

29  writing within 20 days after receipt of the initial notice,

30  and, upon such request, the department shall send to the

31  

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  1  noncustodial parent a copy of the department's petition and

  2  waiver-of-service form by regular mail; and

  3         2.  The noncustodial parent must sign and return the

  4  waiver-of-service form within 10 days after receipt of the

  5  petition, and, upon the return of the signed waiver-of-service

  6  form, the department shall terminate the administrative

  7  proceeding and file a civil action for child support in

  8  circuit court.

  9  

10  The department may serve the notice of proceeding to establish

11  administrative support order by certified mail, restricted

12  delivery, return receipt requested. Alternatively, the

13  department may serve the notice by any means permitted for

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

15  section, an authorized employee of the department may serve

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

17  certified mail is completed when the certified mail is

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

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

20  than the addressee signs the return receipt, the department

21  shall attempt to reach the addressee by telephone to confirm

22  whether the notice was received, and the department shall

23  document any telephonic communications. If someone other than

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

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

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

27  completed and the department shall attempt to have the

28  addressee served personally. The department shall provide the

29  custodial parent or caretaker relative with a copy of the

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

31  custodial parent or caretaker.

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  1         (5)  PROPOSED ADMINISTRATIVE SUPPORT ORDER.--

  2         (a)  After serving notice upon the noncustodial parent

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

  4  calculate the noncustodial parent's child support obligation

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

  6  based on any timely financial affidavits received and other

  7  information available to the department. If either parent

  8  fails to comply with the requirement to furnish a financial

  9  affidavit, the department may proceed on the basis of

10  information available from any source, if such information is

11  sufficiently reliable and detailed to allow calculation of

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

13  receives public assistance and fails to submit a financial

14  affidavit, the department may submit a financial affidavit for

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

16  lack of sufficient reliable information concerning a parent's

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

18  presumed for the purpose of establishing a support obligation

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

20  minimum wage during the applicable period.

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

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

23  copies of the proposed administrative support order, its

24  completed child support worksheet, and any financial

25  affidavits submitted by a parent or prepared by the

26  department. The proposed administrative support order must

27  contain the same elements as required for an administrative

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

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

30  with the proposed administrative support order, which notice

31  must inform the noncustodial parent that:

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

  2  the date of mailing or other service of the proposed

  3  administrative support order, request a hearing by filing a

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

  5  the department;

  6         2.  If the noncustodial parent files a timely request

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

  8  of Administrative Hearings, which shall conduct further

  9  proceedings and may enter an administrative support order;

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

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

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

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

14         4.  The noncustodial parent may consent in writing to

15  entry of an administrative support order without a hearing;

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

17  the date of mailing or other service of the proposed

18  administrative support order, contact a department

19  representative, at the address or telephone number specified

20  in the notice, to informally discuss the proposed

21  administrative support order and, if informal discussions are

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

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

24  the department notifies the noncustodial parent that the

25  informal discussions have been concluded; and

26         6.  If an administrative support order that establishes

27  a noncustodial parent's support obligation is rendered,

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

29  may enforce the administrative support order by any lawful

30  means.

31  

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  1         (d)  If, after serving the proposed administrative

  2  support order but before a final administrative support order

  3  is rendered, the department receives additional information

  4  that makes it necessary to amend the proposed administrative

  5  support order, it shall prepare an amended proposed

  6  administrative support order, with accompanying amended child

  7  support worksheets and other material necessary to explain the

  8  changes, and follow the same procedures set forth in

  9  paragraphs (b) and (c).

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

11  timely request for hearing, the department shall refer the

12  hearing request to the Division of Administrative Hearings.

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

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

15  of the proceedings. The administrative law judge shall

16  consider all available and admissible information and any

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

18  designated employee or other representative of the department,

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

20  qualified representative at the hearing.

21         (7)  ADMINISTRATIVE SUPPORT ORDER.--

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

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

24  Administrative Hearings shall issue an administrative support

25  order, or a final order denying an administrative support

26  order, which constitutes final agency action by the

27  department. The Division of Administrative Hearings shall

28  transmit any such order to the department for filing and

29  rendering indexing.

30  

31  

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

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

  3  to have waived the right to request a hearing.

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

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

  6  without a hearing, the department may render an administrative

  7  support order.

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

  9  of the administrative support order, or the final order

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

11  parent and caretaker relative if applicable. The noncustodial

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

13  of the administrative support order in accordance with s.

14  120.68.

15         (e)  An administrative support order must comply with

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

17  of Administrative Hearings and the chief judge of the circuit

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

19  standard form or forms for administrative support orders. An

20  administrative support order must provide and state findings,

21  if applicable, concerning:

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

23  children;

24         2.  The name of the noncustodial parent and the

25  custodial parent or caretaker relative;

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

27  provide support;

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

29  support obligation for each child;

30         5.  Any obligation to pay retroactive support;

31  

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

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

  3  coverage, contribution towards the cost of insurance coverage,

  4  payment or reimbursement of health care expenses for the

  5  child, or any combination thereof;

  6         7.  The beginning date of any required monthly payments

  7  and health care coverage;

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

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

10         9.  That the parents, or caretaker relative if

11  applicable, must file with the department when the

12  administrative support order is rendered, if they have not

13  already done so, and update as appropriate the information

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

15         10.  That both parents, or parent and caretaker

16  relative if applicable, are required to promptly notify the

17  department of any change in their mailing addresses pursuant

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

19         11.  That if the noncustodial parent receives

20  unemployment compensation benefits, the payor shall withhold,

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

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

23  

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

25  incorporated into the administrative support order or, if not

26  incorporated into the administrative support order, the

27  department or the Division of Administrative Hearings shall

28  render a separate income deduction order.

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

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

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

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  1  certified copy of an administrative support order rendered

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

  3  61.181 for the county where the administrative support order

  4  has been filed shall:

  5         (a)  Act as the official recordkeeper for payments

  6  required under the administrative support order;

  7         (b)  Establish and maintain the necessary payment

  8  accounts;

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

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

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

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

13  state.

14         (9)  COLLECTION ACTION; ENFORCEMENT.--

15         (a)  The department may implement an income deduction

16  notice immediately upon rendition of an income deduction

17  order, whether it is incorporated in the administrative

18  support order or rendered separately.

19         (b)  The department may initiate other collection

20  action 15 days after the date an administrative support order

21  is rendered under this section.

22         (c)  In a subsequent proceeding to enforce an

23  administrative support order, notice of the proceeding that is

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

25  furnished to the department constitutes adequate notice of the

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

27         (d)  An administrative support order rendered under

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

29  until modified by the department or superseded by a court

30  order, may be enforced:

31  

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  1         1.  In any manner permitted for enforcement of a

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

  3  contempt; or

  4         2.  Pursuant to s. 120.69.

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

  6  SUPERSEDING ADMINISTRATIVE SUPPORT ORDER.--

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

  8  judicial review of an administrative support order or a final

  9  order denying an administrative support order in accordance

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

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

12  support order or a final order denying an administrative

13  support order entered by an administrative law judge of the

14  Division of Administrative Hearings.

15         (b)  An administrative support order rendered under

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

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

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

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

20  administrative support order, the circuit court may enforce

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

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

23  administrative support order that includes a finding of

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

25  change by the court in the support obligations established in

26  the administrative support order, does not supersede the

27  administrative support order or affect the department's

28  authority to modify the administrative support order as

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

30  requires the noncustodial parent to make periodic payments on

31  arrearages does not constitute a change in the support

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  1  obligations established in the administrative support order

  2  and does not supersede the administrative order.

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

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

  5  enter an order prospectively changing the support obligations

  6  established in an administrative support order, in which case

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

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

  9  support owed under the superseded administrative support order

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

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

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

13  which an administrative support order is superseded, the court

14  shall determine the amount of any unpaid support owed under

15  the administrative support order and shall include the amount

16  as arrearage in its superseding order.

17         (11)  EFFECTIVENESS OF ADMINISTRATIVE SUPPORT

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

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

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

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

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

23  support order has been rendered:

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

25  enforce or modify the administrative support order;

26         (b)  The administrative support order remains effective

27  until superseded by a subsequent court order; and

28         (c)  The administrative support order may be enforced

29  by the obligee by any means provided by law.

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

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

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  1  department may modify, suspend, or terminate an administrative

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

  3  the requirements for modifications of judicial support orders

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

  5  procedures set forth in this section for establishing an

  6  administrative support order, as applicable.

  7         (13)  REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT

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

  9  section:

10         (a)  The noncustodial parent and custodial parent must

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

12  after receipt of the notice of proceeding to establish

13  administrative support order, a financial affidavit in the

14  form prescribed by the department in the Florida Family Law

15  Rules of Procedure. An updated financial affidavit must be

16  executed and furnished to the department at the inception of

17  each proceeding to modify an administrative support order.

18  Caretaker relatives are not required to furnish financial

19  affidavits.

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

21  caretaker relative if applicable, shall disclose to the

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

23  of proceeding to establish administrative support order, and

24  update as appropriate, information regarding their identity

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

26  security numbers; residential and mailing addresses; telephone

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

28  telephone numbers of employers. Pursuant to the federal

29  Personal Responsibility and Work Opportunity Reconciliation

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

31  security number in accordance with this section. Disclosure of

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  1  social security numbers obtained through this requirement

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

  3  IV-D program for child support enforcement.

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

  5  caretaker relative, if applicable, have a continuing

  6  obligation to promptly inform the department in writing of any

  7  change in their mailing addresses to ensure receipt of all

  8  subsequent pleadings, notices, payments, statements, and

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

10  most recent address furnished by the person.

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

12  subsequent judicial proceeding concerning the support of the

13  same child or children shall affirmatively plead the existence

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

15  administrative support order rendered under this section, and

16  shall provide the department with a copy of the initial

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

18  any such judicial proceeding involving issues within the scope

19  of the Title IV-D case.

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

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

22  seek establishment of child support obligations under any

23  other applicable law.

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

25  rules to administer this section.

26         (17)  EVALUATION PILOT PROGRAM.--

27         (a)  For the purpose of identifying measurable outcomes

28  and evaluating the administrative process created by this

29  section, a study area, the pilot program shall be established.

30  The study area must be located in a county selected by the

31  Department of Revenue having a population of fewer than

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  1  500,000, in which the Title IV-D caseload did not exceed

  2  20,000 cases, and the obligation rate was approximately 65

  3  percent at the end of the 1999-2000 fiscal year. The

  4  Department of Revenue shall develop measurable outcomes that

  5  at a minimum consist of the department's support order

  6  establishment performance measures that are applicable to the

  7  administrative process this pilot program, a measure of the

  8  effectiveness of the administrative process pilot program in

  9  establishing support orders as compared to the judicial

10  process, and a measure of the cost efficiency of the

11  administrative process pilot program as compared to the

12  judicial process.  The Department of Revenue and the Division

13  of Administrative Hearings shall implement the pilot program

14  established by this section on July 1, 2001, or as soon

15  thereafter as practicable. The department shall use the

16  procedures of this section to establish support obligations in

17  Title IV-D cases on behalf of custodial parents or caretaker

18  relatives residing in the county selected for the study area

19  pilot program. By June 30, 2002, the Department of Revenue

20  shall submit a report on the implementation of the

21  administrative process in the study area pilot program to the

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

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

24  Policy Analysis and Government Accountability shall conduct an

25  evaluation of the operation and impact of the administrative

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

27  administrative process pilot program, achievement of the

28  measurable outcomes must be considered. The Office of Program

29  Policy Analysis and Government Accountability shall submit an

30  evaluation report on the administrative process in the study

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

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  1  findings of the evaluation, the feasibility of a statewide

  2  program, and any recommendations to improve the administrative

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

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

  5  unless continued by action of the Legislature. The department

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

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

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

  9  procedures established by this section.

10         (b)  The Office of Program Policy Analysis and

11  Government Accountability shall conduct an evaluation of the

12  statewide implementation of the administrative process for

13  establishing child support provided for in this section. This

14  evaluation shall examine whether these processes have been

15  effectively implemented and administered statewide and are

16  operating to the benefit of the children, including, but not

17  limited to the ability of Title IV-D parents to easily access

18  the court system for necessary court action. The Office of

19  Program Policy Analysis and Government Accountability shall

20  submit an evaluation report on the statewide implementation of

21  the administrative processes for establishing child support by

22  January 31, 2005.

23         Section 4.  The Legislature finds that many

24  child-support services require judicial action and that such

25  services depend heavily on coordination between judges,

26  quasi-judicial officers, clerks of court, sheriffs, private

27  process servers, public and private attorneys, the Department

28  of Revenue as the state's Title IV-D Child Support Enforcement

29  Program, and other state, public, and private agencies. In

30  order to improve child-support services provided to families,

31  these partners must work together to identify and implement

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  1  process improvements. Therefore, it is the intent of the

  2  Legislature that the Department of Revenue continue its

  3  ongoing efforts to identify, implement, and support efforts to

  4  improve the judicial process and, more specifically, that the

  5  Department of Revenue work with all partners to implement the

  6  recommendations in the Court Child Support Process Improvement

  7  Project Final Report, January 2002. The Legislature also finds

  8  that there are many children who are born to unmarried parents

  9  and whose paternity has not been legally established. The

10  Legislature recognizes that parental interaction enhances a

11  child's physical and psychological well-being. Therefore, the

12  Legislature directs the Department of Revenue to study the

13  feasibility of an administrative process, for the

14  establishment of paternity in Title IV-D cases. In developing

15  the administrative process the Department shall consider

16  procedures used in other states and shall consult affected

17  parties. The Department of Revenue shall submit a report to

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

19  Speaker of the House of Representatives, and the Majority and

20  Minority Leaders of the House and Senate by December 1, 2002.

21  Such report may contain proposed legislation creating an

22  administrative process based on the findings of the study.

23         Section 5.  This act shall take effect upon becoming a

24  law.

25  

26  

27  

28  

29  

30  

31  

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

  3                                 

  4  Deletes provisions relating to the creation of an
    administrative process for the establishment of paternity in
  5  specified cases.

  6  Deletes provisions relating to the expansion of the Department
    of Revenue's authority to establish child support in specified
  7  cases.

  8  Revises provisions for increased notice and service
    requirements in the administrative process for the
  9  establishment of child support.

10  Requires a study on the feasibility of an administrative
    process for the establishment of paternity in specified cases.
11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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