HB 1759

1
A bill to be entitled
2An act relating to child support; amending s. 61.046,
3F.S.; revising a definition; amending s. 61.13, F.S.;
4eliminating the requirement that a minor child's social
5security number be included in a support order; amending
6s. 61.1301, F.S.; revising the statement of obligor's
7rights and notice requirement to include a requirement of
8continued support under certain circumstances; requiring
9an obligor to petition for an administrative hearing under
10certain circumstances; providing for the continuation of a
11support obligation after emancipation of the minor under
12certain circumstances; providing for application to
13support orders or income deduction orders entered before,
14on, or after July 1, 2004; amending s. 61.181, F.S.;
15requiring the state depository to establish an account for
16receipt and disbursement of certain payments upon request
17of the Department of Revenue; requiring the department to
18provide certain documentation with such request; amending
19s. 61.1814, F.S.; providing for types of moneys to be
20deposited into the Child Support Enforcement Application
21and Program Revenue Trust Fund; providing for use of such
22moneys; amending s. 120.80, F.S.; providing proper venue
23for certain administrative hearings; providing exceptions;
24amending ss. 382.013, 382.016, and 742.10, F.S.;
25authorizing use of an alternate voluntary acknowledgment
26of paternity; amending s. 409.2558, F.S.; requiring notice
27to the noncustodial parent before applying an
28undistributable support collection to another support
29order; amending s. 409.2561, F.S.; authorizing the
30department to establish the liability of an obligor;
31amending s. 409.2563, F.S.; revising the manner in which a
32noncustodial parent may request the department to bring
33proceedings in circuit court; providing requirements for
34such request; providing that the department shall only be
35a party to such an action to the extent there are Title
36IV-D issues; requiring the department to file a copy of
37the initial notice with the depository; requiring the
38depository to provide an account number; amending s.
39409.25656, F.S.; revising provisions for coverage of the
40applicable commissions and fees for liquidation of an
41obligor's assets; amending s. 409.257, F.S.; authorizing
42alternative means for service of process; amending s.
43409.2572, F.S.; providing for cooperation in good faith;
44revising a definition; amending s. 409.259, F.S.; revising
45the manner of reimbursement to the clerk of court for
46court filing fees in certain cases; amending s. 409.2598,
47F.S.; providing definitions; revising provisions to
48conform with new definitions; removing authorization for
49Title IV-D agencies to screen applicants under certain
50circumstances; revising the computation of time for
51certain notices; providing for repayment agreements;
52providing for notice by regular mail; deleting the
53requirement for notice by certified mail; creating s.
54409.25659, F.S.; providing definitions; requiring the
55department to develop a data match system; providing
56requirements for such system; providing for an insurer to
57comply with requests by the department for such system;
58providing methods; requiring the department to establish a
59fee; providing immunity for certain insurers; authorizing
60the department to adopt rules; providing effective dates.
61
62Be It Enacted by the Legislature of the State of Florida:
63
64     Section 1.  Subsection (19) of section 61.046, Florida
65Statutes, is amended to read:
66     61.046  Definitions.--As used in this chapter:
67     (19)  "Support order" means a judgment, decree, or order,
68whether temporary or final, issued by a court of competent
69jurisdiction or administrative agency for the support and
70maintenance of a child which provides for monetary support,
71health care, arrearages, or past support. When the child support
72obligation is being enforced by the Department of Revenue, the
73term "support order" also means a judgment, decree, or order,
74whether temporary or final, issued by a court of competent
75jurisdiction for the support and maintenance of a child and the
76spouse or former spouse of the obligor with whom the child is
77living which provides for monetary support, health care,
78arrearages, or past support.
79     Section 2.  Paragraph (d) of subsection (1) of section
8061.13, Florida Statutes, is amended to read:
81     61.13  Custody and support of children; visitation rights;
82power of court in making orders.--
83     (1)
84     (d)1.  Unless the provisions of subparagraph 3. apply, all
85child support orders entered on or after January 1, 1985, shall
86direct that the payments of child support be made as provided in
87s. 61.181 through the depository in the county where the court
88is located. All child support orders shall provide the full name
89and, date of birth, and social security number of each minor
90child who is the subject of the child support order.
91     2.  Unless the provisions of subparagraph 3. apply, all
92child support orders entered before January 1, 1985, shall be
93modified by the court to direct that payments of child support
94shall be made through the depository in the county where the
95court is located upon the subsequent appearance of either or
96both parents to modify or enforce the order, or in any related
97proceeding.
98     3.  If both parties request and the court finds that it is
99in the best interest of the child, support payments need not be
100directed through the depository. The order of support shall
101provide, or shall be deemed to provide, that either party may
102subsequently apply to the depository to require direction of the
103payments through the depository. The court shall provide a copy
104of the order to the depository.
105     4.  If the parties elect not to require that support
106payments be made through the depository, any party may
107subsequently file an affidavit with the depository alleging a
108default in payment of child support and stating that the party
109wishes to require that payments be made through the depository.
110The party shall provide copies of the affidavit to the court and
111to each other party. Fifteen days after receipt of the
112affidavit, the depository shall notify both parties that future
113payments shall be paid through the depository.
114     5.  In IV-D cases, the IV-D agency shall have the same
115rights as the obligee in requesting that payments be made
116through the depository.
117     Section 3.  Effective July 1, 2004, paragraphs (b) and (e)
118of subsection (1), paragraphs (e) and (f) of subsection (2), and
119subsection (3) of section 61.1301, Florida Statutes, are amended
120to read:
121     61.1301  Income deduction orders.--
122     (1)  ISSUANCE IN CONJUNCTION WITH AN ORDER ESTABLISHING,
123ENFORCING, OR MODIFYING AN OBLIGATION FOR ALIMONY OR CHILD
124SUPPORT.--
125     (b)  The income deduction order shall:
126     1.  Direct a payor to deduct from all income due and
127payable to an obligor the amount required by the court to meet
128the obligor's support obligation including any attorney's fees
129or costs owed and forward the deducted amount pursuant to the
130order.
131     2.  State the amount of arrearage owed, if any, and direct
132a payor to withhold an additional 20 percent or more of the
133periodic amount specified in the order establishing, enforcing,
134or modifying the obligation, until full payment is made of any
135arrearage, attorney's fees and costs owed, provided no deduction
136shall be applied to attorney's fees and costs until the full
137amount of any arrearage is paid;
138     3.  Direct a payor not to deduct in excess of the amounts
139allowed under s. 303(b) of the Consumer Credit Protection Act,
14015 U.S.C. s. 1673(b), as amended;
141     4.  Direct whether a payor shall deduct all, a specified
142portion, or no income which is paid in the form of a bonus or
143other similar one-time payment, up to the amount of arrearage
144reported in the income deduction notice or the remaining balance
145thereof, and forward the payment to the governmental depository.
146For purposes of this subparagraph, "bonus" means a payment in
147addition to an obligor's usual compensation and which is in
148addition to any amounts contracted for or otherwise legally due
149and shall not include any commission payments due an obligor;
150     5.  In Title IV-D cases, direct a payor to provide to the
151court depository the date on which each deduction is made; and
152     6.  In Title IV-D cases, if an obligation to pay current
153support is reduced or terminated due to emancipation of a child
154and the obligor owes an arrearage, retroactive support,
155delinquency, or costs, direct the payor to continue the income
156deduction at the rate in effect immediately prior to
157emancipation until all arrearages, retroactive support,
158delinquencies, and costs are paid in full or until the amount of
159withholding is modified; and
160     7.6.  Direct that, at such time as the State Disbursement
161Unit becomes operational, all payments in those cases in which
162the obligee is receiving Title IV-D services and in those cases
163in which the obligee is not receiving Title IV-D services in
164which the initial support order was issued in this state on or
165after January 1, 1994, and in which the obligor's child support
166obligation is being paid through income deduction, be made
167payable to and delivered to the State Disbursement Unit.
168Notwithstanding any other statutory provision to the contrary,
169funds received by the State Disbursement Unit shall be held,
170administered, and disbursed by the State Disbursement Unit
171pursuant to the provisions of this chapter.
172     (e)  Statement of obligor's rights. When the court orders
173the income deduction to be effective immediately, the court
174shall furnish to the obligor a statement of his or her rights,
175remedies, and duties in regard to the income deduction order.
176The statement shall state:
177     1.  All fees or interest which shall be imposed.
178     2.  The total amount of income to be deducted for each pay
179period until the arrearage, if any, is paid in full and shall
180state the total amount of income to be deducted for each pay
181period thereafter. The amounts deducted may not be in excess of
182that allowed under s. 303(b) of the Consumer Credit Protection
183Act, 15 U.S.C. s. 1673(b), as amended.
184     3.  That the income deduction order applies to current and
185subsequent payors and periods of employment.
186     4.  That a copy of the income deduction order or, in Title
187IV-D cases, the income deduction notice will be served on the
188obligor's payor or payors.
189     5.  That enforcement of the income deduction order may only
190be contested on the ground of mistake of fact regarding the
191amount owed pursuant to the order establishing, enforcing, or
192modifying the obligation, the arrearages, or the identity of the
193obligor, the payor, or the obligee.
194     6.  That the obligor is required to notify the obligee and,
195when the obligee is receiving IV-D services, the IV-D agency
196within 7 days of changes in the obligor's address, payors, and
197the addresses of his or her payors.
198     7.  That, in Title IV-D cases, if an obligation to pay
199current support is reduced or terminated due to the emancipation
200of a child and the obligor owes an arrearage, retroactive
201support, delinquency, or costs, income deduction continues at
202the rate in effect immediately prior to emancipation until all
203arrearages, retroactive support, delinquencies, and costs are
204paid in full or until the amount of withholding is modified.
205     (2)  ENFORCEMENT OF INCOME DEDUCTION ORDERS.--
206     (e)  Notice to payor and income deduction notice. The
207notice to payor or, in Title IV-D cases, income deduction notice
208shall contain only information necessary for the payor to comply
209with the order providing for income deduction. The notice shall:
210     1.  Provide the obligor's social security number.
211     2.  Require the payor to deduct from the obligor's income
212the amount specified in the income deduction order, and in the
213case of a delinquency the amount specified in the notice of
214delinquency, and to pay that amount to the obligee or to the
215depository, as appropriate. The amount actually deducted plus
216all administrative charges shall not be in excess of the amount
217allowed under s. 303(b) of the Consumer Credit Protection Act,
21815 U.S.C. s. 1673(b);
219     3.  Instruct the payor to implement income deduction no
220later than the first payment date which occurs more than 14 days
221after the date the income deduction notice was served on the
222payor, and the payor shall conform the amount specified in the
223income deduction order or, in Title IV-D cases, income deduction
224notice to the obligor's pay cycle. The court should request at
225the time of the order that the payment cycle reflect that of the
226payor;
227     4.  Instruct the payor to forward, within 2 days after each
228date the obligor is entitled to payment from the payor, to the
229obligee or to the depository the amount deducted from the
230obligor's income, a statement as to whether the amount totally
231or partially satisfies the periodic amount specified in the
232income deduction order or, in Title IV-D cases, income deduction
233notice, and the specific date each deduction is made. If the IV-
234D agency is enforcing the order, the payor shall make these
235notifications to the agency instead of the obligee;
236     5.  Specify that if a payor fails to deduct the proper
237amount from the obligor's income, the payor is liable for the
238amount the payor should have deducted, plus costs, interest, and
239reasonable attorney's fees;
240     6.  Provide that the payor may collect up to $5 against the
241obligor's income to reimburse the payor for administrative costs
242for the first income deduction and up to $2 for each deduction
243thereafter;
244     7.  State that the notice to payor or, in Title IV-D cases,
245income deduction notice, and in the case of a delinquency the
246notice of delinquency, are binding on the payor until further
247notice by the obligee, IV-D agency, or the court or until the
248payor no longer provides income to the obligor;
249     8.  Instruct the payor that, when he or she no longer
250provides income to the obligor, he or she shall notify the
251obligee and shall also provide the obligor's last known address
252and the name and address of the obligor's new payor, if known;
253and that, if the payor violates this provision, the payor is
254subject to a civil penalty not to exceed $250 for the first
255violation or $500 for any subsequent violation. If the IV-D
256agency is enforcing the order, the payor shall make these
257notifications to the agency instead of to the obligee. Penalties
258shall be paid to the obligee or the IV-D agency, whichever is
259enforcing the income deduction order;
260     9.  State that the payor shall not discharge, refuse to
261employ, or take disciplinary action against an obligor because
262of the requirement for income deduction and shall state that a
263violation of this provision subjects the payor to a civil
264penalty not to exceed $250 for the first violation or $500 for
265any subsequent violation. Penalties shall be paid to the obligee
266or the IV-D agency, whichever is enforcing the income deduction,
267if any alimony or child support obligation is owing. If no
268alimony or child support obligation is owing, the penalty shall
269be paid to the obligor;
270     10.  State that an obligor may bring a civil action in the
271courts of this state against a payor who refuses to employ,
272discharges, or otherwise disciplines an obligor because of
273income deduction. The obligor is entitled to reinstatement and
274all wages and benefits lost, plus reasonable attorney's fees and
275costs incurred;
276     11.  Inform the payor that the requirement for income
277deduction has priority over all other legal processes under
278state law pertaining to the same income and that payment, as
279required by the notice to payor or income deduction notice, is a
280complete defense by the payor against any claims of the obligor
281or his or her creditors as to the sum paid;
282     12.  Inform the payor that, when the payor receives notices
283to payor or income deduction notices requiring that the income
284of two or more obligors be deducted and sent to the same
285depository, the payor may combine the amounts that are to be
286paid to the depository in a single payment as long as the
287payments attributable to each obligor are clearly identified;
288and
289     13.  Inform the payor that if the payor receives more than
290one notice to payor or income deduction notice against the same
291obligor, the payor shall contact the court or, in Title IV-D
292cases, the Title IV-D agency for further instructions. Upon
293being so contacted, the court or, in Title IV-D cases when all
294the cases upon which the notices are based are Title IV-D cases,
295the Title IV-D agency shall allocate amounts available for
296income deduction as provided in subsection (4); and.
297     14.  State that, in Title IV-D cases, if an obligation to
298pay current support is reduced or terminated due to the
299emancipation of a child and the obligor owes an arrearage,
300retroactive support, delinquency, or costs, income deduction
301continues at the rate in effect immediately prior to
302emancipation until all arrearages, retroactive support,
303delinquencies, and costs are paid in full or until the amount of
304withholding is modified.
305     (f)  At any time an income deduction order is being
306enforced, the obligor may apply to the court for a hearing to
307contest the continued enforcement of the income deduction on the
308same grounds set out in paragraph (c), with a copy to the
309obligee and, in Title IV-D cases, to the Title IV-D agency. If
310the income deduction order being enforced was rendered by the
311Title IV-D agency pursuant to s. 409.2563 and the obligor
312contests withholding, the obligor shall file a petition for an
313administrative hearing with the Title IV-D agency. The
314application or petition does not affect the continued
315enforcement of the income deduction until the court, or Title
316IV-D agency, if applicable, enters an order granting relief to
317the obligor. The obligee or the Title IV-D agency is released
318from liability for improper receipt of moneys pursuant to an
319income deduction order upon return to the appropriate party of
320any moneys received.
321     (3)(a)  It is the intent of the Legislature that this
322section may be used to collect arrearages in child support
323payments or in alimony payments which have been accrued against
324an obligor.
325     (b)  In Title IV-D cases, if an obligation to pay current
326support is reduced or terminated due to the emancipation of a
327child and the obligor owes an arrearage, retroactive support,
328delinquency, or costs, income deduction continues at the rate in
329effect immediately prior to emancipation until all arrearages,
330retroactive support, delinquencies, and costs are paid in full
331or until the amount of withholding is modified. The department
332shall send notice of this requirement by regular mail to the
333payor and obligor. The department shall inform the obligor that
334withholding may be contested as provided by paragraph (2)(f) and
335that the obligor may request the tribunal that issued the income
336deduction order to modify the amount of withholding. This
337paragraph provides an additional remedy for collection of unpaid
338support and applies to cases in which a support order or income
339deduction order was entered before, on, or after July 1, 2004.
340     Section 4.  Effective July 1, 2004, subsection (1) of
341section 61.181, Florida Statutes, is amended to read:
342     61.181  Depository for alimony transactions, support,
343maintenance, and support payments; fees.--
344     (1)(a)  The office of the clerk of the court shall operate
345a depository unless the depository is otherwise created by
346special act of the Legislature or unless, prior to June 1, 1985,
347a different entity was established to perform such functions.
348The department shall, no later than July 1, 1998, extend
349participation in the federal child support cost reimbursement
350program to the central depository in each county, to the maximum
351extent possible under existing federal law. The depository shall
352receive reimbursement for services provided under a cooperative
353agreement with the department pursuant to s. 61.1826. Each
354depository shall participate in the State Disbursement Unit and
355shall implement all statutory and contractual duties imposed on
356the State Disbursement Unit. Each depository shall receive from
357and transmit to the State Disbursement Unit required data
358through the Clerk of Court Child Support Enforcement Collection
359System. Payments on non-Title IV-D cases without income
360deduction orders shall not be sent to the State Disbursement
361Unit.
362     (b)  Upon request of the department, the depository created
363pursuant to paragraph (a) shall establish an account for the
364receipt and disbursement of support payments for Title IV-D
365interstate cases. The department shall provide a copy of the
366other state's order with the request, and the depository shall
367advise the department of the account number in writing within 4
368business days after receipt of such request.
369     Section 5.  Section 61.1814, Florida Statutes, is amended
370to read:
371     61.1814  Child Support Enforcement Application and Program
372Revenue Trust Fund.--
373     (1)  The Child Support Enforcement Application and Program
374Revenue Trust Fund is hereby created, to be administered by the
375Department of Revenue. The purpose of the trust fund is to
376account for Title IV-D program income and to support the
377activities of the child support enforcement program under Title
378IV-D of the Social Security Act. The department shall invest the
379moneys in the trust fund pursuant to ss. 215.44-215.52 and
380retain all interest earnings in the trust fund. Notwithstanding
381the provisions of s. 216.301 and pursuant to s. 216.351, any
382balance in the trust fund at the end of any fiscal year shall
383remain in the trust fund and shall be available for carrying out
384the purposes of the trust fund. In accordance with federal
385requirements, the federal share of program income shall be
386credited to the Federal Government.
387     (2)  With the exception of fees required to be deposited in
388the Clerk of the Court Child Support Enforcement Collection
389System Trust Fund under s. 61.181(2)(b) and collections
390determined to be undistributable or unidentifiable under s.
391409.2558, the fund shall be used for the deposit of Title IV-D
392program income received by the department. Each type of program
393income received shall be accounted for separately. Program
394income received by the department includes, but is not limited
395to:
396     (a)  Application fees of nonpublic assistance applicants
397for child support enforcement services.
398     (b)  Court-ordered costs recovered from child support
399obligors.
400     (c)  Interest on child support collections.
401     (d)  The balance of fees received under s. 61.181(2)(a) on
402non-Title IV-D cases required to be processed through the State
403Disbursement Unit after the clerk's share is paid. and
404     (e)  Fines imposed under ss. 409.2564(8) and 409.2578.
405Moneys deposited from fines imposed under ss. 409.2564(8) and
406409.2578 shall be maintained separately from moneys deposited
407from application fees.
408     Section 6.  Paragraph (c) of subsection (14) of section
409120.80, Florida Statutes, is amended to read:
410     120.80  Exceptions and special requirements; agencies.--
411     (14)  DEPARTMENT OF REVENUE.--
412     (c)  Proceedings for administrative support orders.--In
413proceedings for the establishment of administrative support
414orders pursuant to s. 409.2563, final orders in cases referred
415by the Department of Revenue to the Division of Administrative
416Hearings shall be entered by the division's administrative law
417judge and transmitted to the Department of Revenue for filing
418and rendering. The Department of Revenue has the right to seek
419judicial review under s. 120.68 of a final order entered by an
420administrative law judge. Administrative support orders rendered
421pursuant to s. 409.2563 may be enforced pursuant to s. 120.69
422or, alternatively, by any method prescribed by law for the
423enforcement of judicial support orders, except contempt.
424Hearings held by the Division of Administrative Hearings
425pursuant to s. 409.2563 shall be held in the judicial circuit in
426which the person receiving services under Title IV-D resides or,
427if the person receiving services under Title IV-D does not
428reside in this state, in the judicial circuit in which the
429respondent resides. If the department and the respondent agree,
430the hearing may be held in another location. If ordered by the
431administrative law judge, the hearing may be conducted by
432telephone or videoconference.
433     Section 7.  Effective July 1, 2004, paragraph (c) of
434subsection (2) of section 382.013, Florida Statutes, is amended
435to read:
436     382.013  Birth registration.--A certificate for each live
437birth that occurs in this state shall be filed within 5 days
438after such birth with the local registrar of the district in
439which the birth occurred and shall be registered by the local
440registrar if the certificate has been completed and filed in
441accordance with this chapter and adopted rules. The information
442regarding registered births shall be used for comparison with
443information in the state case registry, as defined in chapter
44461.
445     (2)  PATERNITY.--
446     (c)  If the mother is not married at the time of the birth,
447the name of the father may not be entered on the birth
448certificate without the execution of an affidavit signed by both
449the mother and the person to be named as the father. The
450facility shall give notice orally or through the use of video or
451audio equipment, and in writing, of the alternatives to, the
452legal consequences of, and the rights, including, if one parent
453is a minor, any rights afforded due to minority status, and
454responsibilities that arise from signing an acknowledgment of
455paternity, as well as information provided by the Title IV-D
456agency established pursuant to s. 409.2557, regarding the
457benefits of voluntary establishment of paternity. Upon request
458of the mother and the person to be named as the father, the
459facility shall assist in the execution of the affidavit or a
460notarized voluntary acknowledgment of paternity, or a voluntary
461acknowledgment of paternity that is witnessed by two individuals
462and signed under penalty of perjury as specified in s.
46392.525(2).
464     Section 8.  Effective July 1, 2004, paragraph (b) of
465subsection (1) of section 382.016, Florida Statutes, is amended
466to read:
467     382.016  Amendment of records.--The department, upon
468receipt of the fee prescribed in s. 382.0255; documentary
469evidence, as specified by rule, of any misstatement, error, or
470omission occurring in any birth, death, or fetal death record;
471and an affidavit setting forth the changes to be made, shall
472amend or replace the original certificate as necessary.
473     (1)  CERTIFICATE OF LIVE BIRTH AMENDMENT.--
474     (b)  Upon written request and receipt of an affidavit or
475notarized voluntary acknowledgment of paternity signed by the
476mother and father acknowledging the paternity of a registrant
477born out of wedlock, or a voluntary acknowledgment of paternity
478that is witnessed by two individuals and signed under penalty of
479perjury as specified in s. 92.525(2), together with sufficient
480information to identify the original certificate of live birth,
481the department shall prepare a new birth certificate, which
482shall bear the same file number as the original birth
483certificate. The names and identifying information of the
484parents shall be entered as of the date of the registrant's
485birth. The surname of the registrant may be changed from that
486shown on the original birth certificate at the request of the
487mother and father of the registrant, or the registrant if of
488legal age. If the mother and father marry each other at any time
489after the registrant's birth, the department shall, upon the
490request of the mother and father or registrant if of legal age
491and proof of the marriage, amend the certificate with regard to
492the parents' marital status as though the parents were married
493at the time of birth. The department shall substitute the new
494certificate of birth for the original certificate on file. All
495copies of the original certificate of live birth in the custody
496of a local registrar or other state custodian of vital records
497shall be forwarded to the State Registrar. Thereafter, when a
498certified copy of the certificate of birth or portion thereof is
499issued, it shall be a copy of the new certificate of birth or
500portion thereof, except when a court order requires issuance of
501a certified copy of the original certificate of birth. The
502department shall place the original certificate of birth and all
503papers pertaining thereto under seal, not to be broken except by
504order of a court of competent jurisdiction or as otherwise
505provided by law.
506     Section 9.  Paragraph (b) of subsection (2) of section
507409.2558, Florida Statutes, is amended to read:
508     409.2558  Support distribution and disbursement.--
509     (2)  UNDISTRIBUTABLE COLLECTIONS.--
510     (b)  Collections that are determined to be undistributable
511shall be processed in the following order of priority:
512     1.  Apply the payment to any assigned arrears on the
513custodial parent's case; then
514     2.  Apply the payment to any administrative costs ordered
515by the court pursuant to s. 409.2567 associated with the
516custodial parent's case; then
517     3.  When the noncustodial parent is subject to a valid
518order to support another child other children in a another case
519with a different custodial parent and the obligation is being
520enforced by the department, the department shall send by
521certified mail, return receipt requested, to the noncustodial
522parent at the most recent address provided by the noncustodial
523parent to the tribunal that issued the order, a notice stating
524the department's intention to apply the payment pursuant to this
525subparagraph and advising the noncustodial parent of the right
526to contest the department's proposed action in the circuit court
527by filing and serving a petition on the department within 30
528days after the mailing of the notice. If the noncustodial parent
529does not file and serve a petition within 30 days after mailing
530of the notice, or upon disposition of the judicial action
531favorable to the department, the department shall, with the
532noncustodial parent's permission, apply the payment towards his
533or her other support obligation. If there is more than one such
534other case, the department shall allocate the remaining
535undistributable amount as specified in s. 61.1301(4)(c); then
536     4.  Return the payment to the noncustodial parent; then
537     5.  If the noncustodial parent cannot be located after
538diligent efforts by the department, the federal share of the
539payment shall be credited to the Federal Government and the
540state share shall be transferred to the General Revenue Fund.
541     Section 10.  Subsection (1) of section 409.2561, Florida
542Statutes, is amended to read:
543     409.2561  Support obligations when public assistance is
544paid; assignment of rights; subrogation; medical and health
545insurance information.--
546     (1)  Any payment of temporary cash or Title IV-E assistance
547made to, or for the benefit of, any dependent child creates an
548obligation in an amount determined pursuant to the child support
549guidelines. In accordance with 42 U.S.C. s. 657, the state shall
550retain amounts collected only to the extent necessary to
551reimburse amounts paid to the family as assistance by the state.
552Such amounts collected shall be deposited into the General
553Revenue Fund up to the level specified in s. 61.1812. If there
554has been a prior support court order or final judgment of
555dissolution of marriage establishing an obligation of support,
556the obligation is limited to the amount provided by such support
557court order or decree. The extraordinary remedy of contempt is
558applicable in child support enforcement cases because of the
559public necessity for ensuring that dependent children be
560maintained from the resources of their parents, thereby
561relieving, at least in part, the burden presently borne by the
562general citizenry through the public assistance program. If
563there is no prior support court order establishing an obligation
564of support, the court, or the department as provided by s.
565409.2563, shall establish the liability of the obligor, if any,
566by applying the child support guidelines. The department may
567apply for modification of a court order on the same grounds as
568either party to the cause and shall have the right to settle and
569compromise actions brought pursuant to law.
570     Section 11.  Paragraph (m) of subsection (4) and subsection
571(8) of section 409.2563, Florida Statutes, are amended to read:
572     409.2563  Administrative establishment of child support
573obligations.--
574     (4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
575SUPPORT ORDER.--To commence a proceeding under this section, the
576department shall provide to the custodial parent and serve the
577noncustodial parent with a notice of proceeding to establish
578administrative support order and a blank financial affidavit
579form. The notice must state:
580     (m)  That, neither the department nor the Division of
581Administrative Hearings has jurisdiction to award or change
582child custody or rights of parental contact and these issues may
583only be addressed in circuit court.
584     1.  The noncustodial parent may request in writing that the
585department proceed in circuit court to determine his or her
586support obligations.
587     2.  The noncustodial parent may state in writing to the
588department his or her intention to address issues concerning
589custody, or rights to parental contact, in circuit court.
590     3.  If the noncustodial parent submits to the department
591the request mentioned in subparagraph 1. or the statement
592mentioned in subparagraph 2. within 20 days after the receipt of
593the initial notice, the department shall file a petition in
594circuit court for the determination of the noncustodial parent's
595child support obligations and shall send to the noncustodial
596parent a copy of its petition, a notice of commencement of
597action, and a request for waiver of service of process as
598provided in the Florida Rules of Civil Procedure.
599     4.  If, within 10 days after receipt of the department's
600petition and waiver of service, the noncustodial parent signs
601and returns the waiver of service form to the department, the
602department shall terminate the administrative proceeding without
603prejudice and proceed in circuit court.
604     5.  In any circuit court action filed by the department
605pursuant to this subsection or filed by a noncustodial parent or
606other person pursuant to paragraph (l) or paragraph (n), the
607department shall be a party only with respect to those issues of
608support allowed and reimbursable under Title IV-D of the Social
609Security Act. It is the responsibility of the noncustodial
610parent or other person to take the necessary steps to present
611other issues for the court to consider That if the noncustodial
612parent has issues regarding child custody or right of parental
613contact or requests to proceed in circuit court, the
614noncustodial parent may request in writing that the department
615proceed in circuit court to determine support. That the
616noncustodial parent must make such request in writing within 20
617days after receipt of the initial notice. That upon such
618request, the department shall send the noncustodial parent by
619regular mail a copy of the department's petition and waiver of
620service form. That the noncustodial parent must sign and return
621the waiver of service form, within 10 days of receipt of the
622petition, at which time the department shall terminate the
623administrative proceeding and file an action in circuit court to
624determine support;
625
626The department may serve the notice of proceeding to establish
627administrative support order by certified mail, restricted
628delivery, return receipt requested. Alternatively, the
629department may serve the notice by any means permitted for
630service of process in a civil action. For purposes of this
631section, an authorized employee of the department may serve the
632notice and execute an affidavit of service. Service by certified
633mail is completed when the certified mail is received or refused
634by the addressee or by an authorized agent as designated by the
635addressee in writing. If a person other than the addressee signs
636the return receipt, the department shall attempt to reach the
637addressee by telephone to confirm whether the notice was
638received, and the department shall document any telephonic
639communications. If someone other than the addressee signs the
640return receipt, the addressee does not respond to the notice,
641and the department is unable to confirm that the addressee has
642received the notice, service is not completed and the department
643shall attempt to have the addressee served personally. The
644department shall provide the custodial parent or caretaker
645relative with a copy of the notice by regular mail to the last
646known address of the custodial parent or caretaker.
647     (8)  FILING WITH THE CLERK OF THE CIRCUIT COURT; OFFICIAL
648PAYMENT RECORD; JUDGMENT BY OPERATION OF LAW.--The department
649shall file with the clerk of the circuit court a certified copy
650of an administrative support order rendered under this section.
651The depository operated pursuant to s. 61.181 for the county
652where the administrative support order has been filed shall:
653     (a)  Act as the official recordkeeper for payments required
654under the administrative support order;
655     (b)  Establish and maintain the necessary payment accounts;
656     (c)  Upon a delinquency, initiate the judgment by operation
657of law procedure as provided by s. 61.14(6); and
658     (d)  Perform all other duties required of a depository with
659respect to a support order entered by a court of this state.
660
661When a proceeding to establish an administrative support order
662is commenced under subsection (4), the department shall file a
663copy of the initial notice with the depository. The depository
664shall assign an account number and provide the account number to
665the department within 4 business days after the initial notice
666is filed.
667     Section 12.  Subsection (3) of section 409.25656, Florida
668Statutes, is amended to read:
669     409.25656  Garnishment.--
670     (3)  During the last 30 days of the 60-day period set forth
671in subsection (1), the executive director or his or her designee
672may levy upon such credits, personal property, or debts. The
673levy must be accomplished by delivery of a notice of levy by
674registered mail, upon receipt of which the person possessing the
675credits, other personal property, or debts shall transfer them
676to the department or pay to the department the amount owed by
677the obligor. If the department levies upon securities and the
678value of the securities is less than the total amount of past
679due or overdue support, the person who possesses or controls the
680securities shall liquidate the securities in a commercially
681reasonable manner. After liquidation, the person shall transfer
682to the department the proceeds, less any applicable commissions
683or fees, or both, which are charged in the normal course of
684business. If the value of the securities exceeds the total
685amount of past due or overdue support, the obligor may, within 7
686days after receipt of the department's notice of levy, instruct
687the person who possesses or controls the securities which
688securities are to be sold to satisfy the obligation for past due
689or overdue support. If the obligor does not provide instructions
690for liquidation, the person who possesses or controls the
691securities shall liquidate the securities in a commercially
692reasonable manner and in an amount sufficient to cover the
693obligation for past due or overdue support and, less any
694applicable commissions or fees, or both, which are charged in
695the normal course of business, beginning with the securities
696purchased most recently. After liquidation, the person who
697possesses or controls the securities shall transfer to the
698department the total amount of past due or overdue support.
699     Section 13.  Section 409.257, Florida Statutes, is amended
700to read:
701     409.257  Service of process.--The service of initial
702process and orders in lawsuits filed by the department, under
703this act, shall be served by the sheriff in the county where the
704person to be served may be found or, if determined more
705effective by the department, by any means permitted under
706chapter 48 for service of process in a civil action. The sheriff
707shall be reimbursed at the prevailing rate of federal financial
708participation for service of process and orders as allowed by
709law. The sheriff shall bill the department monthly as provided
710for in s. 30.51(2). In addition, process and orders may be
711served or executed by authorized agents of the department at the
712department's discretion; provided that the agent of the
713department does not take any action against personal property,
714real property, or persons. Notices and other intermediate
715process, except witness subpoenas, shall be served by the
716department as provided for in the Florida Rules of Civil
717Procedure. Witness subpoenas shall be served by the department
718by certified mail as provided for in s. 48.031(3).
719     Section 14.  Subsections (1) and (2) of section 409.2572,
720Florida Statutes, are amended to read:
721     409.2572  Cooperation.--
722     (1)  An applicant for, or recipient of, public assistance
723for a dependent child shall cooperate in good faith with the
724department or a program attorney in:
725     (a)  Identifying and helping to locate the alleged parent
726or obligor.
727     (b)  Assisting in establishing the paternity of a child
728born out of wedlock.
729     (c)  Assisting in obtaining support payments from the
730obligor.
731     (d)  Assisting in obtaining any other payments or property
732due from the obligor.
733     (e)  Identifying another putative father when an earlier
734named putative father has been excluded by DNA, Human Leukocyte
735Antigen, or other scientific test.
736     (f)  Appearing at an office of the department, or another
737designated office, as necessary to provide verbal or written
738information, or documentary or physical evidence, known to,
739possessed by, or reasonably obtainable by the applicant or
740recipient.
741     (g)  Appearing as a witness at judicial or other hearings
742or proceedings.
743     (h)  Providing information under oath regarding the
744identity or location of the alleged father of the child or
745attesting to the lack of information.
746     (i)  Paying to the department any support received from the
747obligor after the assignment is effective.
748     (2)  Noncooperation, or failure to cooperate in good faith,
749is defined to include, but is not limited to, the following
750conduct:
751     (a)  Failing or Refusing to identify the father of the
752child, or where more than one man could be the father of the
753child, refusing to identify all such persons. If the mother
754identifies one or more persons as the possible father of the
755child and asserts that there are no others who could be the
756father of the child, but the DNA test, Human Leukocyte Antigen
757test, or other scientific test indicates that none of the
758persons identified could in fact have been the father of the
759child, the mother shall be deemed noncooperative. If she
760subsequently identifies another person as the possible father of
761the child, she shall still be deemed noncooperative until that
762person has been given the DNA test, Human Leukocyte Antigen
763test, or other scientific test and is not excluded as the father
764by the test.
765     (b)  Failing to appear for two appointments at the
766department or other designated office without justification and
767notice.
768     (c)  Providing false information regarding the paternity of
769the child or the obligation of the obligor.
770     (d)  All actions of the obligee which interfere with the
771state's efforts to proceed to establish paternity, the
772obligation of support, or to enforce or collect support.
773     (e)  Failure to appear to submit a DNA sample at the
774laboratory for drawing of blood samples, or leaving the location
775laboratory prior to submitting a DNA sample the drawing of blood
776samples without compelling reasons.
777     (f)  Failure to assist in the recovery of third-party
778payment for medical services.
779     Section 15.  Subsection (1) of section 409.259, Florida
780Statutes, is amended to read:
781     409.259  Partial payment of Filing fees in Title IV-D
782cases.--
783     (1)  Notwithstanding s. 28.241, each clerk of the circuit
784court shall accept petitions, complaints, and motions filed by
785the department in Title IV-D cases without billing the
786department separately for each filing, since the clerk is being
787reimbursed in a different manner for expenses incurred in such
788filings under the cooperative agreement with the department
789pursuant to ss. 61.181(1) and 61.1826(2) and (4) only be
790reimbursed at the prevailing rate of federal financial
791participation on the amount of $40 for each civil action, suit,
792or proceeding for support instituted in the circuit court in
793which the parent is not receiving temporary cash assistance. The
794prevailing rate of the state match shall be paid by the local
795government in the form of a certified public expenditure. The
796clerk of the circuit court shall bill the department monthly.
797The clerk of the circuit court and the department shall maintain
798a monthly log of the number of civil actions, suits, or
799proceedings filed in which the parent does not receive temporary
800assistance. These monthly logs will be used to determine the
801number of $40 filings the clerk of court may submit for
802reimbursement at the prevailing rate of federal financial
803participation.
804     Section 16.  Effective, July 1, 2004, section 409.2598,
805Florida Statutes, is amended to read:
806     409.2598  Suspension or denial of new or renewal licenses;
807registrations; certifications.--
808     (1)  As used in this section, the term:
809     (a)  "License" means a license, permit, certificate,
810registration, franchise, or other form of written permission
811issued by a licensing agency to an individual that authorizes
812the individual to engage in an occupation, business, trade, or
813profession or to engage in a recreational activity, including
814hunting and fishing. Where the context permits, the term also
815includes an application for a new or renewal license.
816     (b)  "Licensee" means an individual who has a license.
817     (c)  "Licensing agency" means a department, commission,
818agency, district, county, municipality, or other subdivision of
819state or local government that issues licenses.
820     (2)(1)  The Title IV-D agency may petition the court that
821entered the support order or the court that is enforcing the
822support order to deny or suspend the license, registration, or
823certificate issued under chapter 370, chapter 372, chapter 409,
824chapter 455, chapter 456, chapter 559, chapter 1012, s. 328.42,
825or s. 597.010 of any obligor with a delinquent support
826obligation or who fails, after receiving appropriate notice, to
827comply with subpoenas, orders to appear, orders to show cause,
828or similar orders relating to paternity or support proceedings.
829However, a petition may not be filed until the Title IV-D agency
830has exhausted all other available remedies. The purpose of this
831section is to promote the public policy of the state as
832established in s. 409.2551.
833     (2)  The Title IV-D agency is authorized to screen all
834applicants for new or renewal licenses, registrations, or
835certificates and current licenses, registrations, or
836certificates and current licensees, registration holders, and
837certificateholders of all licenses, registrations, and
838certificates issued under chapter 370, chapter 409, chapter 455,
839chapter 456, chapter 559, chapter 1012, or s. 328.42 to ensure
840compliance with any support obligation and any subpoenas, orders
841to appear, orders to show cause, or similar orders relating to
842paternity or support proceedings. If the Title IV-D agency
843determines that an applicant, licensee, registration holder, or
844certificateholder is an obligor who is delinquent on a support
845obligation or who is not in compliance with a subpoena, order to
846appear, order to show cause, or similar order relating to
847paternity or support proceedings, the Title IV-D agency shall
848certify the delinquency pursuant to s. 61.14.
849     (3)  The Title IV-D agency shall give notice to any obligor
850who is an applicant for a new or renewal license or certificate
851or the holder of a current license or certificate when a
852delinquency exists in the support obligation or when an obligor
853has failed to comply with a subpoena, order to appear, order to
854show cause, or similar order relating to paternity or support
855proceeding. The notice shall specify that the obligor has 30
856days from the date of mailing of the notice on which service of
857the notice is complete to pay the delinquency or to reach an
858agreement to pay the delinquency with the Title IV-D agency or
859comply with the subpoena, order to appear, order to show cause,
860or similar order. The notice shall specify that, if payment is
861not made or an agreement cannot be reached, or if the subpoena,
862order to appear, order to show cause, or similar order is not
863complied with, the application may be denied or the license or
864certification may be suspended pursuant to a court order.
865     (4)  If the obligor fails to pay the delinquency or enter
866into a repayment agreement with the department reach an
867agreeable payment arrangement or comply with the subpoena, order
868to appear, order to show cause, or similar order within 30 days
869following completion of service of the notice, the Title IV-D
870agency shall send a second notice to the obligor stating that
871the obligor has 30 days to pay the delinquency or reach an
872agreement to pay the delinquency with the Title IV-D agency or
873comply with the subpoena, order to appear, order to show cause,
874or similar order. If the obligor fails to respond to either
875notice from the Title IV-D agency or if the obligor fails to pay
876the delinquency or reach an agreement to pay the delinquency or
877comply with the subpoena, order to appear, order to show cause,
878or similar order after the second notice, the Title IV-D agency
879may petition the court which entered the support order or the
880court which is enforcing the support order to deny the
881application for the license or certificate or to suspend the
882license or certificate of the obligor. However, no petition may
883be filed until the Title IV-D agency has exhausted all other
884available remedies. The court may find that it would be
885inappropriate to deny a license or suspend a license or
886certificate if:
887     (a)  Denial or suspension would result in irreparable harm
888to the obligor or employees of the obligor or would not
889accomplish the objective of collecting the delinquency; or
890     (b)  The obligor demonstrates that he or she has made a
891good faith effort to reach an agreement with the Title IV-D
892agency.
893
894The court may not deny or suspend a license or certificate if
895the court determines that an alternative remedy is available to
896the Title IV-D agency which is likely to accomplish the
897objective of collecting the delinquency or obtaining compliance
898with the subpoena, order to appear, order to show cause, or
899similar order. If the obligor fails in the defense of a petition
900for denial or suspension, the court which entered the support
901order or the court which is enforcing the support order shall
902enter an order to deny the application for the license or
903certification or to suspend the license or certification of the
904obligor. The court shall order the obligor to surrender the
905license or certification to the Title IV-D agency, which will
906return the license or certification and a copy of the order of
907suspension to the appropriate department or licensing agency
908entity.
909     (5)  If the court denies or suspends a license or
910certification and the obligor subsequently pays the delinquency
911or reaches an agreement with the Title IV-D agency to settle the
912delinquency and makes the first payment required by the
913agreement, or complies with the subpoena, order to appear, order
914to show cause, or similar order, the license or certificate
915shall be issued or reinstated upon written proof to the court
916that the obligor has complied with the terms of the court order,
917subpoena, order to appear, order to show cause, or similar
918order. Proof of payment shall consist of a certified copy of the
919payment record issued by the depository. The court shall order
920the appropriate licensing agency department or license board to
921issue or reinstate the license or certificate without additional
922charge to the obligor.
923     (6)  The licensing agency department shall, when directed
924by the court, suspend or deny the license or certificate of any
925licensee or certificateholder under its jurisdiction found to
926have a delinquent support obligation or not to be in compliance
927with a subpoena, order to appear, order to show cause, or
928similar order. The licensing agency department shall issue or
929reinstate the license or certificate without additional charge
930to the licensee or certificateholder when notified by the court
931that the licensee or certificateholder has complied with the
932terms of the court order, or subpoena, order to appear, order to
933show cause, or similar order.
934     (7)  Notice shall be served under this section by regular
935mail mailing it by certified mail, return receipt requested, to
936the obligor at his or her last address of record with the local
937depository or a more recent address, if known. If the obligor
938has no address of record with the local depository, or if the
939last address of record with the local depository is incorrect,
940service shall be by publication as provided in chapter 49. When
941service of the notice is made by mail, service is complete upon
942the receipt of the notice by the obligor.
943     Section 17.  Section 409.25659, Florida Statutes, is
944created to read:
945     409.25659  Insurance claim data exchange.--
946     (1)  As used in this section, the term:
947     (a)  "Insurer" means an entity that is responsible for
948paying a claim on liability coverage in an insurance contract
949and which is:
950     1.  An insurer, as defined in s. 624.03, authorized to
951transact insurance in this state;
952     2.  An eligible surplus lines insurer pursuant to part VIII
953of chapter 626;
954     3.  A joint underwriter or joint reinsurer created by law
955or otherwise operating pursuant to s. 627.311; or
956     4.  An insurance risk apportionment plan operating pursuant
957to s. 627.351.
958     (b)  "Claim" means an open, unresolved claim on liability
959coverage in an insurance contract payable to an individual, or
960to a third party for the benefit of the individual, who is a
961resident of this state or who had an accident or loss that
962occurred in this state.
963     (2)  The department shall develop and operate a data match
964system after consultation with one or more insurers, using
965automated data exchanges to the maximum extent feasible, in
966which an insurer is required to provide the department monthly
967with the name, address, and, if known, date of birth and social
968security number or other taxpayer identification number for each
969noncustodial parent who has a claim with the insurer and who
970owes past due support, and the claim number, claim processing
971agent's name, address, and phone number, and any other
972identifying information maintained by the insurer for each
973claim. An insurer may comply with this requirement by:
974     (a)  Authorizing the department to obtain claim information
975from an insurance claim data collection organization to which
976the insurer subscribes and to which the insurer submits the
977required claim data on at least a monthly basis;
978     (b)  Providing the required data for each claim being
979maintained by the insurer directly to the department in an
980electronic medium; or
981     (c)  Receiving a data file from the department and
982conducting a data match of all noncustodial parents who have a
983claim with the insurer and who owe past due support and
984submitting the required data for each noncustodial parent to the
985department.
986     (3)  The department shall establish by rule a standard fee,
987not to exceed actual costs, and pay the fee upon request to an
988insurer for conducting a data match as provided by subsection
989(2)(c).
990     (4)  An insurer and its directors, agents, and employees,
991and any central reporting organization and its agents and
992employees authorized by an insurer to act on its behalf, which
993comply with the requirements of this section are immune from any
994liability to the claimant or other payees, lien holders, or
995other affected entities for any alleged or actual damages that
996occur as a result of compliance with these requirements.
997     (5)  The department may adopt rules to implement and
998administer this section.
999     Section 18.  Effective July 1, 2004, subsection (1) of
1000section 742.10, Florida Statutes, is amended to read:
1001     742.10  Establishment of paternity for children born out of
1002wedlock.--
1003     (1)  This chapter provides the primary jurisdiction and
1004procedures for the determination of paternity for children born
1005out of wedlock. When the establishment of paternity has been
1006raised and determined within an adjudicatory hearing brought
1007under the statutes governing inheritance, or dependency under
1008workers' compensation or similar compensation programs, or when
1009an affidavit acknowledging paternity or a stipulation of
1010paternity is executed by both parties and filed with the clerk
1011of the court, or when an affidavit, a or notarized voluntary
1012acknowledgment of paternity, or a voluntary acknowledgment of
1013paternity that is witnessed by two individuals and signed under
1014penalty of perjury as provided for in s. 382.013 or s. 382.016
1015is executed by both parties, it shall constitute the
1016establishment of paternity for purposes of this chapter. If no
1017adjudicatory proceeding was held, a notarized voluntary
1018acknowledgment of paternity or voluntary acknowledgment of
1019paternity that is witnessed by two individuals and signed under
1020penalty of perjury as specified by s. 92.525(2) shall create a
1021rebuttable presumption, as defined by s. 90.304, of paternity
1022and is subject to the right of any signatory to rescind the
1023acknowledgment within 60 days of the date the acknowledgment was
1024signed or the date of an administrative or judicial proceeding
1025relating to the child, including a proceeding to establish a
1026support order, in which the signatory is a party, whichever is
1027earlier. Both parents shall are required to provide their social
1028security numbers on any acknowledgment of paternity, consent
1029affidavit, or stipulation of paternity. Except for affidavits
1030under seal pursuant to ss. 382.015 and 382.016, the Office of
1031Vital Statistics shall provide certified copies of affidavits to
1032the Title IV-D agency upon request.
1033     Section 19.  Except as otherwise provided herein, this act
1034shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.