Senate Bill sb1638e1

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    SB 1638                                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to child support; amending s.

  3         61.046, F.S.; redefining the term "support

  4         order" for purposes of ch. 61, F.S., to include

  5         an order of an administrative agency; amending

  6         s. 61.13, F.S.; deleting the requirement that a

  7         child support order include the minor's social

  8         security number; amending s. 61.181, F.S.;

  9         requiring the clerk of the court to establish

10         an account for interstate cases; providing for

11         the continuation of a fee; amending s. 120.80,

12         F.S.; providing for the location of an

13         administrative hearing; amending ss. 382.013

14         and 382.016, F.S.; permitting voluntary

15         acknowledgments of paternity which are

16         witnessed; amending s. 409.2558, F.S.;

17         providing for a notice to the noncustodial

18         parent in applying an undistributable support

19         collection to another support order; amending

20         s. 409.2561, F.S.; providing for the Department

21         of Revenue to establish the obligation of

22         support; amending s. 409.2563, F.S.; providing

23         for the noncustodial parent to request that the

24         Department of Revenue proceed in circuit court

25         to determine the support obligation; revising

26         the requirements under which a noncustodial

27         parent may petition the circuit court to

28         determine the support obligation; providing

29         that the Department of Revenue is a party to

30         court action only with respect to issues of

31         support; amending s. 409.25656, F.S.; providing


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    SB 1638                                        First Engrossed



 1         for the recovery of fees in liquidating

 2         securities for the support owed; amending s.

 3         409.257, F.S.; permitting the use of any means

 4         of service of process under ch. 48, F.S.;

 5         amending s. 409.2572, F.S.; revising the

 6         definition of noncooperation or failure to

 7         cooperate as applied to an applicant for or a

 8         recipient of public assistance; amending s.

 9         409.259, F.S.; revising the manner of

10         reimbursement to the clerk of the court for

11         court filings in Title IV-D cases; amending s.

12         742.10, F.S.; permitting voluntary

13         acknowledgments of paternity which are

14         witnessed; providing effective dates.

15  

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

17  

18         Section 1.  Subsection (19) of section 61.046, Florida

19  Statutes, is amended to read:

20         61.046  Definitions.--As used in this chapter:

21         (19)  "Support order" means a judgment, decree, or

22  order, whether temporary or final, issued by a court of

23  competent jurisdiction or administrative agency for the

24  support and maintenance of a child which provides for monetary

25  support, health care, arrearages, or past support. When the

26  child support obligation is being enforced by the Department

27  of Revenue, the term "support order" also means a judgment,

28  decree, or order, whether temporary or final, issued by a

29  court of competent jurisdiction for the support and

30  maintenance of a child and the spouse or former spouse of the

31  


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    SB 1638                                        First Engrossed



 1  obligor with whom the child is living which provides for

 2  monetary support, health care, arrearages, or past support.

 3         Section 2.  Paragraph (d) of subsection (1) of section

 4  61.13, Florida Statutes, is amended to read:

 5         61.13  Custody and support of children; visitation

 6  rights; power of court in making orders.--

 7         (1)

 8         (d)1.  Unless the provisions of subparagraph 3. apply,

 9  all child support orders entered on or after January 1, 1985,

10  shall direct that the payments of child support be made as

11  provided in s. 61.181 through the depository in the county

12  where the court is located. All child support orders shall

13  provide the full name and, date of birth, and social security

14  number of each minor child who is the subject of the child

15  support order.

16         2.  Unless the provisions of subparagraph 3. apply, all

17  child support orders entered before January 1, 1985, shall be

18  modified by the court to direct that payments of child support

19  shall be made through the depository in the county where the

20  court is located upon the subsequent appearance of either or

21  both parents to modify or enforce the order, or in any related

22  proceeding.

23         3.  If both parties request and the court finds that it

24  is in the best interest of the child, support payments need

25  not be directed through the depository.  The order of support

26  shall provide, or shall be deemed to provide, that either

27  party may subsequently apply to the depository to require

28  direction of the payments through the depository.  The court

29  shall provide a copy of the order to the depository.

30         4.  If the parties elect not to require that support

31  payments be made through the depository, any party may


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    SB 1638                                        First Engrossed



 1  subsequently file an affidavit with the depository alleging a

 2  default in payment of child support and stating that the party

 3  wishes to require that payments be made through the

 4  depository. The party shall provide copies of the affidavit to

 5  the court and to each other party.  Fifteen days after receipt

 6  of the affidavit, the depository shall notify both parties

 7  that future payments shall be paid through the depository.

 8         5.  In IV-D cases, the IV-D agency shall have the same

 9  rights as the obligee in requesting that payments be made

10  through the depository.

11         Section 3.  Effective July 1, 2003, subsections (1) and

12  (2) of section 61.181, Florida Statutes, are amended to read:

13         61.181  Depository for alimony transactions, support,

14  maintenance, and support payments; fees.--

15         (1)(a)  The office of the clerk of the court shall

16  operate a depository unless the depository is otherwise

17  created by special act of the Legislature or unless, prior to

18  June 1, 1985, a different entity was established to perform

19  such functions.  The department shall, no later than July 1,

20  1998, extend participation in the federal child support cost

21  reimbursement program to the central depository in each

22  county, to the maximum extent possible under existing federal

23  law.  The depository shall receive reimbursement for services

24  provided under a cooperative agreement with the department

25  pursuant to s. 61.1826. Each depository shall participate in

26  the State Disbursement Unit and shall implement all statutory

27  and contractual duties imposed on the State Disbursement Unit.

28  Each depository shall receive from and transmit to the State

29  Disbursement Unit required data through the Clerk of Court

30  Child Support Enforcement Collection System. Payments on

31  


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    SB 1638                                        First Engrossed



 1  non-Title IV-D cases without income deduction orders shall not

 2  be sent to the State Disbursement Unit.

 3         (b)  Upon request by the Title IV-D agency, the

 4  depository created pursuant to paragraph (a) shall establish

 5  an account for the receipt and disbursement of support

 6  payments for Title IV-D interstate cases. The Title IV-D

 7  agency shall provide a copy of the other state's order with

 8  the request, and the depository shall advise the Title IV-D

 9  agency of the account number in writing within 4 business days

10  after receipt of the request.

11         (2)(a)  For payments not required to be processed

12  through the State Disbursement Unit, the depository shall

13  impose and collect a fee on each payment made for receiving,

14  recording, reporting, disbursing, monitoring, or handling

15  alimony or child support payments as required under this

16  section. For non-Title IV-D cases required to be processed by

17  the State Disbursement Unit pursuant to this chapter, the

18  State Disbursement Unit shall, on each payment received,

19  collect a fee, and shall transmit to the depository in which

20  the case is located 40 percent of such service charge for the

21  depository's administration, management, and maintenance of

22  such case. If a payment is made to the State Disbursement Unit

23  which is not accompanied by the required fee, the State

24  Disbursement Unit shall not deduct any moneys from the support

25  payment for payment of the fee.  The fee shall be a flat fee

26  based, to the extent practicable, upon estimated reasonable

27  costs of operation.  The fee shall be reduced in any case in

28  which the fixed fee results in a charge to any party of an

29  amount greater than 3 percent of the amount of any support

30  payment made in satisfaction of the amount which the party is

31  obligated to pay, except that no fee shall be less than $1 nor


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    SB 1638                                        First Engrossed



 1  more than $5 per payment made.  The fee shall be considered by

 2  the court in determining the amount of support that the

 3  obligor is, or may be, required to pay.

 4         (b)1.  For the period of July 1, 1992, through June 30,

 5  2003, The fee imposed in paragraph (a) shall be increased to 4

 6  percent of the support payments which the party is obligated

 7  to pay, except that no fee shall be more than $5.25.  The fee

 8  shall be considered by the court in determining the amount of

 9  support that the obligor is, or may be, required to pay.

10  Notwithstanding the provisions of s. 145.022, 75 percent of

11  the additional revenues generated by this paragraph shall be

12  remitted monthly to the Clerk of the Court Child Support

13  Enforcement Collection System Trust Fund administered by the

14  department as provided in subparagraph 2.  These funds shall

15  be used exclusively for the development, implementation, and

16  operation of the Clerk of the Court Child Support Enforcement

17  Collection System to be operated by the depositories,

18  including the automation of civil case information necessary

19  for the State Case Registry.  The department shall contract

20  with the Florida Association of Court Clerks and the

21  depositories to design, establish, operate, upgrade, and

22  maintain the automation of the depositories to include, but

23  not be limited to, the provision of on-line electronic

24  transfer of information to the IV-D agency as otherwise

25  required by this chapter. The department's obligation to fund

26  the automation of the depositories is limited to the state

27  share of funds available in the Clerk of the Court Child

28  Support Enforcement Collection System Trust Fund.  Each

29  depository created under this section shall fully participate

30  in the Clerk of the Court Child Support Enforcement Collection

31  System and transmit data in a readable format as required by


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    SB 1638                                        First Engrossed



 1  the contract between the Florida Association of Court Clerks

 2  and the department.

 3         2.  Moneys to be remitted to the department by the

 4  depository shall be done daily by electronic funds transfer

 5  and calculated as follows:

 6         a.  For each support payment of less than $33, 18.75

 7  cents.

 8         b.  For each support payment between $33 and $140, an

 9  amount equal to 18.75 percent of the fee charged.

10         c.  For each support payment in excess of $140, 18.75

11  cents.

12         3.  The fees established by this section shall be set

13  forth and included in every order of support entered by a

14  court of this state which requires payment to be made into the

15  depository.

16         Section 4.  Paragraph (c) of subsection (14) of section

17  120.80, Florida Statutes, is amended to read:

18         120.80  Exceptions and special requirements;

19  agencies.--

20         (14)  DEPARTMENT OF REVENUE.--

21         (c)  Proceedings for administrative support orders.--In

22  proceedings for the establishment of administrative support

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

24  by the Department of Revenue to the Division of Administrative

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

26  judge and transmitted to the Department of Revenue for filing

27  and rendering. The Department of Revenue has the right to seek

28  judicial review under s. 120.68 of a final order entered by an

29  administrative law judge. Administrative support orders

30  rendered pursuant to s. 409.2563 may be enforced pursuant to

31  s. 120.69 or, alternatively, by any method prescribed by law


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    SB 1638                                        First Engrossed



 1  for the enforcement of judicial support orders, except

 2  contempt. Hearings held by the Division of Administrative

 3  Hearings pursuant to s. 409.2563 shall be held in the judicial

 4  circuit where the person receiving services under Title IV-D

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

 6  does not reside in this state, in the judicial circuit where

 7  the respondent resides. If the department and the respondent

 8  agree, the hearing may be held in another location.

 9         Section 5.  Effective July 1, 2003, paragraph (c) of

10  subsection (2) of section 382.013, Florida Statutes, is

11  amended to read:

12         382.013  Birth registration.--A certificate for each

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

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

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

16  local registrar if the certificate has been completed and

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

18  information regarding registered births shall be used for

19  comparison with information in the state case registry, as

20  defined in chapter 61.

21         (2)  PATERNITY.--

22         (c)  If the mother is not married at the time of the

23  birth, the name of the father may not be entered on the birth

24  certificate without the execution of an affidavit signed by

25  both the mother and the person to be named as the father.  The

26  facility shall give notice orally or through the use of video

27  or audio equipment, and in writing, of the alternatives to,

28  the legal consequences of, and the rights, including, if one

29  parent is a minor, any rights afforded due to minority status,

30  and responsibilities that arise from signing an acknowledgment

31  of paternity, as well as information provided by the Title


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    SB 1638                                        First Engrossed



 1  IV-D agency established pursuant to s. 409.2557, regarding the

 2  benefits of voluntary establishment of paternity. Upon request

 3  of the mother and the person to be named as the father, the

 4  facility shall assist in the execution of the affidavit or a

 5  notarized voluntary acknowledgment of paternity or a voluntary

 6  acknowledgement of paternity that is witnessed by two

 7  individuals and signed under penalty of perjury as specified

 8  by s. 92.525(2).

 9         Section 6.  Effective July 1, 2003, paragraph (b) of

10  subsection (1) of section 382.016, Florida Statutes, is

11  amended to read:

12         382.016  Amendment of records.--The department, upon

13  receipt of the fee prescribed in s. 382.0255; documentary

14  evidence, as specified by rule, of any misstatement, error, or

15  omission occurring in any birth, death, or fetal death record;

16  and an affidavit setting forth the changes to be made, shall

17  amend or replace the original certificate as necessary.

18         (1)  CERTIFICATE OF LIVE BIRTH AMENDMENT.--

19         (b)  Upon written request and receipt of an affidavit

20  or notarized voluntary acknowledgment of paternity signed by

21  the mother and father acknowledging the paternity of a

22  registrant born out of wedlock, or a voluntary acknowledgement

23  of paternity that is witnessed by two individuals and signed

24  under penalty of perjury as specified by s. 92.525(2),

25  together with sufficient information to identify the original

26  certificate of live birth, the department shall prepare a new

27  birth certificate, which shall bear the same file number as

28  the original birth certificate. The names and identifying

29  information of the parents shall be entered as of the date of

30  the registrant's birth. The surname of the registrant may be

31  changed from that shown on the original birth certificate at


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    SB 1638                                        First Engrossed



 1  the request of the mother and father of the registrant, or the

 2  registrant if of legal age. If the mother and father marry

 3  each other at any time after the registrant's birth, the

 4  department shall, upon the request of the mother and father or

 5  registrant if of legal age and proof of the marriage, amend

 6  the certificate with regard to the parents' marital status as

 7  though the parents were married at the time of birth. The

 8  department shall substitute the new certificate of birth for

 9  the original certificate on file. All copies of the original

10  certificate of live birth in the custody of a local registrar

11  or other state custodian of vital records shall be forwarded

12  to the State Registrar. Thereafter, when a certified copy of

13  the certificate of birth or portion thereof is issued, it

14  shall be a copy of the new certificate of birth or portion

15  thereof, except when a court order requires issuance of a

16  certified copy of the original certificate of birth. The

17  department shall place the original certificate of birth and

18  all papers pertaining thereto under seal, not to be broken

19  except by order of a court of competent jurisdiction or as

20  otherwise provided by law.

21         Section 7.  Paragraph (b) of subsection (2) of section

22  409.2558, Florida Statutes, is amended to read:

23         409.2558  Support distribution and disbursement.--

24         (2)  UNDISTRIBUTABLE COLLECTIONS.--

25         (b)  Collections that are determined to be

26  undistributable shall be processed in the following order of

27  priority:

28         1.  Apply the payment to any assigned arrears on the

29  custodial parent's case; then

30  

31  


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    SB 1638                                        First Engrossed



 1         2.  Apply the payment to any administrative costs

 2  ordered by the court pursuant to s. 409.2567 associated with

 3  the custodial parent's case; then

 4         3.  When the noncustodial parent is subject to a valid

 5  order to support another child other children in a another

 6  case with a different custodial parent and the obligation is

 7  being enforced by the department, the department shall send by

 8  certified mail, return receipt requested, to the noncustodial

 9  parent at the most recent address provided by the noncustodial

10  parent to the tribunal that issued the order, a notice stating

11  the department's intention to apply the payment pursuant to

12  this subparagraph, and advising the noncustodial parent of the

13  right to contest the department's proposed action in the

14  circuit court by filing and serving a petition on the

15  department within 20 days after receipt of the notice. If the

16  noncustodial parent does not file and serve a petition within

17  20 days after receipt of the notice, or upon a disposition of

18  the judicial action favorable to the department, the

19  department shall, with the noncustodial parent's permission,

20  apply the payment towards his or her other support obligation.

21  If there is more than one such other case, the department

22  shall allocate the remaining undistributable amount as

23  specified by s. 61.1301(4)(c); then

24         4.  Return the payment to the noncustodial parent; then

25         5.  If the noncustodial parent cannot be located after

26  diligent efforts by the department, the federal share of the

27  payment shall be credited to the Federal Government and the

28  state share shall be transferred to the General Revenue Fund.

29         Section 8.  Subsection (1) of section 409.2561, Florida

30  Statutes, is amended to read:

31  


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    SB 1638                                        First Engrossed



 1         409.2561  Support obligations when public assistance is

 2  paid; assignment of rights; subrogation; medical and health

 3  insurance information.--

 4         (1)  Any payment of temporary cash or Title IV-E

 5  assistance made to, or for the benefit of, any dependent child

 6  creates an obligation in an amount determined pursuant to the

 7  child support guidelines. In accordance with 42 U.S.C. s. 657,

 8  the state shall retain amounts collected only to the extent

 9  necessary to reimburse amounts paid to the family as

10  assistance by the state. Such amounts collected shall be

11  deposited into the General Revenue Fund up to the level

12  specified in s. 61.1812. If there has been a prior support

13  court order or final judgment of dissolution of marriage

14  establishing an obligation of support, the obligation is

15  limited to the amount provided by such support court order or

16  decree. The extraordinary remedy of contempt is applicable in

17  child support enforcement cases because of the public

18  necessity for ensuring that dependent children be maintained

19  from the resources of their parents, thereby relieving, at

20  least in part, the burden presently borne by the general

21  citizenry through the public assistance program. If there is

22  no prior support court order establishing an obligation of

23  support, the court, or the department as provided by s.

24  409.2563, shall establish the liability of the obligor, if

25  any, by applying the child support guidelines. The department

26  may apply for modification of a support court order on the

27  same grounds as either party to the cause and shall have the

28  right to settle and compromise actions brought pursuant to

29  law.

30         Section 9.  Subsection (4) of section 409.2563, Florida

31  Statutes, is amended to read:


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    SB 1638                                        First Engrossed



 1         409.2563  Administrative establishment of child support

 2  obligations.--

 3         (4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE

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

 5  the department shall provide to the custodial parent and serve

 6  the noncustodial parent with a notice of proceeding to

 7  establish administrative support order and a blank financial

 8  affidavit form. The notice must state:

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

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

11  the child or children;

12         (b)  That the department intends to establish an

13  administrative support order as defined in this section;

14         (c)  That both parents must submit a completed

15  financial affidavit to the department within 20 days after

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

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

18  relative if applicable, are required to furnish to the

19  department information regarding their identities and

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

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

22  relative if applicable, are required to promptly notify the

23  department of any change in their mailing addresses to ensure

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

25  provided by paragraph (13)(c);

26         (f)  That the department will calculate support

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

28  and using all available information, as provided by paragraph

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

30  administrative support order;

31  


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

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

 3  a copy of the proposed administrative support order, the

 4  department's child support worksheet, and any financial

 5  affidavits submitted by a parent or prepared by the

 6  department;

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

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

 9  mailing or other service of the proposed administrative

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

11  request a hearing;

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

13  timely request for hearing after service of the proposed

14  administrative support order, the department will issue an

15  administrative support order that incorporates the findings of

16  the proposed administrative support order, and will send by

17  regular mail a copy of the administrative support order to

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

19         (j)  That after an administrative support order is

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

21  the clerk of the circuit court;

22         (k)  That after an administrative support order is

23  rendered, the department may enforce the administrative

24  support order by any lawful means;

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

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

27  court having jurisdiction and proper venue to determine the

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

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

30  administrative support order rendered by the department;

31  


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 1         (m)  That, neither the department nor the Division of

 2  Administrative Hearings has jurisdiction to award or change

 3  child custody or rights of parental contact and these issues

 4  may only be addressed in circuit court.

 5         1.  The noncustodial parent may request in writing that

 6  the department proceed in circuit court to determine his or

 7  her support obligations.

 8         2.  The noncustodial parent may state in writing to the

 9  department his or her intention to address issues concerning

10  custody or rights to parental contact in circuit court.

11         3.  If the noncustodial parent submits the request

12  authorized in subparagraph 1., or the statement authorized in

13  subparagraph 2. to the department within 20 days after the

14  receipt of the initial notice, the department shall file a

15  petition in circuit court for the determination of the

16  noncustodial parent's child support obligations, and shall

17  send to the noncustodial parent a copy of its petition, a

18  notice of commencement of action, and a request for waiver of

19  service of process provided in the Rules of Civil Procedure.

20         4.  If, within 10 days after receipt of the

21  department's petition and waiver of service, the noncustodial

22  parent signs and returns the waiver of service form to the

23  department, the department shall terminate the administrative

24  proceeding without prejudice and proceed in circuit court.

25         5.  In any circuit court action brought by the

26  department pursuant to this paragraph or brought by a

27  noncustodial parent or other person pursuant to paragraph (l)

28  or paragraph (n), the department shall be a party only with

29  respect to those issues of support allowed and reimbursable

30  under Title IV-D of the Social Security Act. It is the

31  responsibility of the noncustodial parent or other person to


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 1  take the necessary steps to present other issues for the court

 2  to consider; That if the noncustodial parent has issues

 3  regarding child custody or right of parental contact or

 4  requests to proceed in circuit court, the noncustodial parent

 5  may request in writing that the department proceed in circuit

 6  court to determine support. That the noncustodial parent must

 7  make such request in writing within  20 days after receipt of

 8  the initial notice. That upon such request, the department

 9  shall send the noncustodial parent by regular mail a copy of

10  the department's petition and waiver of service form. That the

11  noncustodial parent must sign and return the waiver of service

12  form, within 10 days of receipt of the petition, at which time

13  the department shall terminate the administrative proceeding

14  and file an action in circuit court to determine support;

15         (n)  That if the noncustodial parent files an action in

16  circuit court and serves the department with a copy of the

17  petition within 20 days after being served notice under this

18  subsection, the administrative process ends without prejudice

19  and the action must proceed in circuit court;

20         (o)  Information provided by the Office of State Courts

21  Administrator concerning the availability and location of

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

23  circuit court but who cannot afford an attorney.

24  

25  The department may serve the notice of proceeding to establish

26  administrative support order by certified mail, restricted

27  delivery, return receipt requested. Alternatively, the

28  department may serve the notice by any means permitted for

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

30  section, an authorized employee of the department may serve

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


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    SB 1638                                        First Engrossed



 1  certified mail is completed when the certified mail is

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

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

 4  than the addressee signs the return receipt, the department

 5  shall attempt to reach the addressee by telephone to confirm

 6  whether the notice was received, and the department shall

 7  document any telephonic communications. If someone other than

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

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

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

11  completed and the department shall attempt to have the

12  addressee served personally. The department shall provide the

13  custodial parent or caretaker relative with a copy of the

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

15  custodial parent or caretaker.

16         Section 10.  Subsection (3) of section 409.25656,

17  Florida Statutes, is amended to read:

18         409.25656  Garnishment.--

19         (3)  During the last 30 days of the 60-day period set

20  forth in subsection (1), the executive director or his or her

21  designee may levy upon such credits, personal property, or

22  debts. The levy must be accomplished by delivery of a notice

23  of levy by registered mail, upon receipt of which the person

24  possessing the credits, other personal property, or debts

25  shall transfer them to the department or pay to the department

26  the amount owed by the obligor. If the department levies upon

27  securities and the value of the securities is less than the

28  total amount of past due or overdue support, the person who

29  possesses or controls the securities shall liquidate the

30  securities in a commercially reasonable manner. After

31  liquidation, the person shall transfer to the department the


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    SB 1638                                        First Engrossed



 1  proceeds, less any applicable commissions or fees, or both,

 2  which are charged in the normal course of business. If the

 3  value of the securities exceeds the total amount of past due

 4  or overdue support, the obligor may, within 7 days after

 5  receipt of the department's notice of levy, instruct the

 6  person who possesses or controls the securities which

 7  securities are to be sold to satisfy the obligation for past

 8  due or overdue support. If the obligor does not provide

 9  instructions for liquidation, the person who possesses or

10  controls the securities shall liquidate the securities in a

11  commercially reasonable manner and in an amount sufficient to

12  cover the obligation for past due or overdue support and, less

13  any applicable commissions or fees, or both, which are charged

14  in the normal course of business, beginning with the

15  securities purchased most recently. After liquidation, the

16  person who possesses or controls the securities shall transfer

17  to the department the total amount of past due or overdue

18  support.

19         Section 11.  Effective July 1, 2003, section 409.257,

20  Florida Statutes, is amended to read:

21         409.257  Service of process.--The service of initial

22  process and orders in lawsuits filed by the department, under

23  this act, shall be served by the sheriff in the county where

24  the person to be served may be found or, if determined more

25  effective by the department, by any means permitted under

26  chapter 48 for service of process in a civil action. The

27  sheriff shall be reimbursed at the prevailing rate of federal

28  financial participation for service of process and orders as

29  allowed by law. The sheriff shall bill the department monthly

30  as provided for in s. 30.51(2).  In addition, process and

31  orders may be served or executed by authorized agents of the


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    SB 1638                                        First Engrossed



 1  department at the department's discretion; provided that the

 2  agent of the department does not take any action against

 3  personal property, real property, or persons.  Notices and

 4  other intermediate process, except witness subpoenas, shall be

 5  served by the department as provided for in the Florida Rules

 6  of Civil Procedure.  Witness subpoenas shall be served by the

 7  department by certified mail as provided for in s. 48.031(3).

 8         Section 12.  Subsections (1) and (2) of section

 9  409.2572, Florida Statutes, are amended to read:

10         409.2572  Cooperation.--

11         (1)  An applicant for, or recipient of, public

12  assistance for a dependent child shall cooperate in good faith

13  with the department or a program attorney in:

14         (a)  Identifying and helping to locate the alleged

15  parent or obligor.

16         (b)  Assisting in establishing the paternity of a child

17  born out of wedlock.

18         (c)  Assisting in obtaining support payments from the

19  obligor.

20         (d)  Assisting in obtaining any other payments or

21  property due from the obligor.

22         (e)  Identifying another putative father when an

23  earlier named putative father has been excluded by DNA, Human

24  Leukocyte Antigen, or other scientific test.

25         (f)  Appearing at an office of the department, or

26  another designated office, as necessary to provide verbal or

27  written information, or documentary or physical evidence,

28  known to, possessed by, or reasonably obtainable by the

29  applicant or recipient.

30         (g)  Appearing as a witness at judicial or other

31  hearings or proceedings.


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 1         (h)  Providing information under oath regarding the

 2  identity or location of the alleged father of the child or

 3  attesting to the lack of information.

 4         (i)  Paying to the department any support received from

 5  the obligor after the assignment is effective.

 6         (2)  Noncooperation, or failure to cooperate in good

 7  faith, is defined to include, but is not limited to, the

 8  following conduct:

 9         (a)  Failing or Refusing to identify the father of the

10  child, or where more than one man could be the father of the

11  child, refusing to identify all such persons.  If the mother

12  identifies one or more persons as the possible father of the

13  child and asserts that there are no others who could be the

14  father of the child, but the DNA test, Human Leukocyte Antigen

15  test, or other scientific test indicates that none of the

16  persons identified could in fact have been the father of the

17  child, the mother shall be deemed noncooperative.  If she

18  subsequently identifies another person as the possible father

19  of the child, she shall still be deemed noncooperative until

20  that person has been given the DNA test, Human Leukocyte

21  Antigen test, or other scientific test and is not excluded as

22  the father by the test.

23         (b)  Failing to appear for two appointments at the

24  department or other designated office without justification

25  and notice.

26         (c)  Providing false information regarding the

27  paternity of the child or the obligation of the obligor.

28         (d)  All actions of the obligee which interfere with

29  the state's efforts to proceed to establish paternity, the

30  obligation of support, or to enforce or collect support.

31  


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    SB 1638                                        First Engrossed



 1         (e)  Failure to appear at the laboratory for drawing of

 2  blood samples, or leaving the laboratory prior to the drawing

 3  of blood samples without compelling reasons.

 4         (f)  Failure to assist in the recovery of third-party

 5  payment for medical services.

 6         Section 13.  Section 409.259, Florida Statutes, is

 7  amended to read:

 8         409.259  Partial payment of Filing fees in Title IV-D

 9  cases.--

10         (1)  Notwithstanding s. 28.241, each clerk of the

11  circuit court shall accept petitions, complaints, and motions

12  in Title IV-D cases submitted for filing by the department

13  without billing separately for each such filing, since the

14  clerk is being reimbursed in a different manner for expenses

15  incurred in such filings under the cooperative agreement with

16  the department pursuant to ss. 61.181(1) and 61.1826(2) and

17  (4). only be reimbursed at the prevailing rate of federal

18  financial participation on the amount of $40 for each civil

19  action, suit, or proceeding for support instituted in the

20  circuit court in which the parent is not receiving temporary

21  cash assistance.  The prevailing rate of the state match shall

22  be paid by the local government in the form of a certified

23  public expenditure.  The clerk of the circuit court shall bill

24  the department monthly.  The clerk of the circuit court and

25  the department shall maintain a monthly log of the number of

26  civil actions, suits, or proceedings filed in which the parent

27  does not receive temporary assistance.  These monthly logs

28  will be used to determine the number of $40 filings the clerk

29  of court may submit for reimbursement at the prevailing rate

30  of federal financial participation.

31  


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    SB 1638                                        First Engrossed



 1         (2)  Notwithstanding subsection (1), the department

 2  shall continue to be entitled to the other necessary services

 3  of the clerk of court in any proceedings under the IV-D

 4  program as authorized under s. 409.2571.

 5         Section 14.  Effective July 1, 2003, subsection (1) of

 6  section 742.10, Florida Statutes, is amended to read:

 7         742.10  Establishment of paternity for children born

 8  out of wedlock.--

 9         (1)  This chapter provides the primary jurisdiction and

10  procedures for the determination of paternity for children

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

12  been raised and determined within an adjudicatory hearing

13  brought under the statutes governing inheritance, or

14  dependency under workers' compensation or similar compensation

15  programs, or when an affidavit acknowledging paternity or a

16  stipulation of paternity is executed by both parties and filed

17  with the clerk of the court, or when an affidavit, a or

18  notarized voluntary acknowledgment of paternity, or a

19  voluntary acknowledgement of paternity that is witnessed by

20  two individuals and signed under penalty of perjury as

21  provided for in s. 382.013 or s. 382.016 is executed by both

22  parties, it shall constitute the establishment of paternity

23  for purposes of this chapter. If no adjudicatory proceeding

24  was held, a notarized voluntary acknowledgment of paternity or

25  voluntary acknowledgement of paternity that is witnessed by

26  two individuals and signed under penalty of perjury as

27  specified by s. 92.525(2) shall create a rebuttable

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

29  subject to the right of any signatory to rescind the

30  acknowledgment within 60 days after of the date the

31  acknowledgment was signed or the date of an administrative or


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    SB 1638                                        First Engrossed



 1  judicial proceeding relating to the child, including a

 2  proceeding to establish a support order, in which the

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

 4  required to provide their social security numbers on any

 5  acknowledgment of paternity, consent affidavit, or stipulation

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

 7  382.015 and 382.016, the Office of Vital Statistics shall

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

 9  agency upon request.

10         Section 15.  Except as otherwise expressly provided in

11  this act, this act shall take effect upon becoming a law.

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