Florida Senate - 2011                                    SB 1364
       
       
       
       By Senator Storms
       
       
       
       
       10-00704B-11                                          20111364__
    1                        A bill to be entitled                      
    2         An act relating to child support; amending s. 61.13,
    3         F.S.; providing that certain affidavits in Title IV-D
    4         child support cases need not allege default in
    5         payments; amending s. 61.13016, F.S.; providing for
    6         the payment of paternity or support obligations by
    7         income deduction to avoid the suspension of the
    8         obligor’s driver’s license and motor vehicle
    9         registration; amending s. 322.058, F.S.; providing for
   10         the reinstatement of such privileges; amending s.
   11         409.256, F.S.; permitting a caregiver to state in an
   12         affidavit or written declaration information regarding
   13         a child’s putative father in order to enable the
   14         Department of Revenue to commence an administrative
   15         proceeding to establish paternity or paternity and
   16         child support; amending s. 409.2563, F.S.; extending
   17         the time within which a parent from whom support is
   18         being sought pursuant to a proposed administrative
   19         support order may request an informal conference to
   20         discuss the proposed order; requiring that such
   21         request be in writing only; providing effective dates.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Effective upon this act becoming a law,
   26  paragraph (d) of subsection (1) of section 61.13, Florida
   27  Statutes, is amended to read:
   28         61.13 Support of children; parenting and time-sharing;
   29  powers of court.—
   30         (1)
   31         (d)1. All child support orders shall provide the full name
   32  and date of birth of each minor child who is the subject of the
   33  child support order.
   34         2. If both parties request and the court finds that it is
   35  in the best interest of the child, support payments need not be
   36  subject to immediate income deduction. Support orders that are
   37  not subject to immediate income deduction may be directed
   38  through the depository under s. 61.181 or made payable directly
   39  to the obligee. Payments made by immediate income deduction
   40  shall be made to the State Disbursement Unit. The court shall
   41  provide a copy of the order to the depository.
   42         3. For support orders payable directly to the obligee, any
   43  party, or the department in a IV-D case, may subsequently file
   44  an affidavit with the depository alleging a default in payment
   45  of child support and stating that the party wishes to require
   46  that payments be made through the depository. For IV-D cases the
   47  affidavit need not allege a default in support payments and
   48  default is not required. The party shall provide copies of the
   49  affidavit to the court and to each other party. Fifteen days
   50  after receipt of the affidavit, the depository shall notify all
   51  parties that future payments shall be paid through the
   52  depository, except that payments in Title IV-D cases and income
   53  deduction payments shall be made to the State Disbursement Unit.
   54         Section 2. Effective upon this act becoming a law,
   55  subsections (1) and (3) of section 61.13016, Florida Statutes,
   56  are amended to read:
   57         61.13016 Suspension of driver’s licenses and motor vehicle
   58  registrations.—
   59         (1) The driver’s license and motor vehicle registration of
   60  a support obligor who is delinquent in payment or who has failed
   61  to comply with subpoenas or a similar order to appear or show
   62  cause relating to paternity or support proceedings may be
   63  suspended. When an obligor is 15 days delinquent making a
   64  payment in support or failure to comply with a subpoena, order
   65  to appear, order to show cause, or similar order in IV-D cases,
   66  the Title IV-D agency may provide notice to the obligor of the
   67  delinquency or failure to comply with a subpoena, order to
   68  appear, order to show cause, or similar order and the intent to
   69  suspend by regular United States mail that is posted to the
   70  obligor’s last address of record with the Department of Highway
   71  Safety and Motor Vehicles. When an obligor is 15 days delinquent
   72  in making a payment in support in non-IV-D cases, and upon the
   73  request of the obligee, the depository or the clerk of the court
   74  must provide notice to the obligor of the delinquency and the
   75  intent to suspend by regular United States mail that is posted
   76  to the obligor’s last address of record with the Department of
   77  Highway Safety and Motor Vehicles. In either case, the notice
   78  must state:
   79         (a) The terms of the order creating the support obligation;
   80         (b) The period of the delinquency and the total amount of
   81  the delinquency as of the date of the notice or describe the
   82  subpoena, order to appear, order to show cause, or other similar
   83  order that which has not been complied with;
   84         (c) That notification may will be given to the Department
   85  of Highway Safety and Motor Vehicles to suspend the obligor’s
   86  driver’s license and motor vehicle registration unless, within
   87  20 days after the date the notice is mailed, the obligor:
   88         1.a. Pays the delinquency in full and any other costs and
   89  fees accrued between the date of the notice and the date the
   90  delinquency is paid;
   91         b. Enters into a written agreement for payment with the
   92  obligee in non-IV-D cases or with the Title IV-D agency in IV-D
   93  cases; or in IV-D cases, complies with a subpoena or order to
   94  appear, order to show cause, or a similar order; or
   95         c. Files a petition with the circuit court to contest the
   96  delinquency action; or and
   97         d.Begins paying by income deduction; and
   98         2. Pays any applicable delinquency fees.
   99  If the obligor in non-IV-D cases enters into a written agreement
  100  for payment before the expiration of the 20-day period, the
  101  obligor must provide a copy of the signed written agreement to
  102  the depository or the clerk of the court.
  103         (3) If the obligor does not, within 20 days after the
  104  mailing date on the notice, pay the delinquency, enter into a
  105  written payment agreement, comply with the subpoena, order to
  106  appear, order to show cause, or other similar order, begin
  107  paying by income deduction, or file a motion to contest, the
  108  Title IV-D agency in IV-D cases, or the depository or clerk of
  109  the court in non-IV-D cases, may shall file the notice with the
  110  Department of Highway Safety and Motor Vehicles and request the
  111  suspension of the obligor’s driver’s license and motor vehicle
  112  registration in accordance with s. 322.058.
  113         Section 3. Effective upon this act becoming a law,
  114  subsection (2) of section 322.058, Florida Statutes, is amended
  115  to read:
  116         322.058 Suspension of driving privileges due to support
  117  delinquency; reinstatement.—
  118         (2) The department must reinstate the driving privilege and
  119  allow registration of a motor vehicle when the Title IV-D agency
  120  in IV-D cases or the depository or the clerk of the court in
  121  non-IV-D cases provides to the department an affidavit stating
  122  that:
  123         (a) The person has paid the delinquency;
  124         (b) The person has reached a written agreement for payment
  125  with the Title IV-D agency or the obligee in non-IV-D cases;
  126         (c) A court has entered an order granting relief to the
  127  obligor ordering the reinstatement of the license and motor
  128  vehicle registration; or
  129         (d) The person has complied with the subpoena, order to
  130  appear, order to show cause, or similar order; or
  131         (e)The obligor is paying by income deduction.
  132         Section 4. Paragraph (a) of subsection (2) of section
  133  409.256, Florida Statutes, is amended to read:
  134         409.256 Administrative proceeding to establish paternity or
  135  paternity and child support; order to appear for genetic
  136  testing.—
  137         (2) JURISDICTION; LOCATION OF HEARINGS; RIGHT OF ACCESS TO
  138  THE COURTS.—
  139         (a) The department may commence a paternity proceeding or a
  140  paternity and child support proceeding as provided in subsection
  141  (4) if:
  142         1. The child’s paternity has not been established.
  143         2. No one is named as the father on the child’s birth
  144  certificate or the person named as the father is the putative
  145  father named in an affidavit or a written declaration as
  146  provided in subparagraph 5.
  147         3. The child’s mother was unmarried when the child was
  148  conceived and born.
  149         4. The department is providing services under Title IV-D.
  150         5. The child’s mother, a caregiver, or a putative father
  151  has stated in an affidavit, or in a written declaration as
  152  provided in s. 92.525(2), that the putative father is or may be
  153  the child’s biological father. The affidavit or written
  154  declaration must set forth the factual basis for the allegation
  155  of paternity as provided in s. 742.12(2).
  156         Section 5. Paragraph (c) of subsection (5) of section
  157  409.2563, Florida Statutes, is amended to read:
  158         409.2563 Administrative establishment of child support
  159  obligations.—
  160         (5) PROPOSED ADMINISTRATIVE SUPPORT ORDER.—
  161         (c) The department shall provide a notice of rights with
  162  the proposed administrative support order, which notice must
  163  inform the parent from whom support is being sought that:
  164         1. The parent from whom support is being sought may, within
  165  20 days after the date of mailing or other service of the
  166  proposed administrative support order, request a hearing by
  167  filing a written request for hearing in a form and manner
  168  specified by the department;
  169         2. If the parent from whom support is being sought files a
  170  timely request for a hearing, the case shall be transferred to
  171  the Division of Administrative Hearings, which shall conduct
  172  further proceedings and may enter an administrative support
  173  order;
  174         3. A parent from whom support is being sought who fails to
  175  file a timely request for a hearing shall be deemed to have
  176  waived the right to a hearing, and the department may render an
  177  administrative support order pursuant to paragraph (7)(b);
  178         4. The parent from whom support is being sought may consent
  179  in writing to entry of an administrative support order without a
  180  hearing;
  181         5. The parent from whom support is being sought may, within
  182  15 10 days after the date of mailing or other service of the
  183  proposed administrative support order, request to informally
  184  discuss the proposed administrative support order by filing a
  185  written request with the department contact a department
  186  representative, at the address or telephone number specified in
  187  the notice, to informally discuss the proposed administrative
  188  support order and, if informal discussions are requested timely,
  189  the time for requesting a hearing will be extended until 10 days
  190  after the department notifies the parent that the informal
  191  discussions have been concluded; and
  192         6. If an administrative support order that establishes a
  193  parent’s support obligation is rendered, whether after a hearing
  194  or without a hearing, the department may enforce the
  195  administrative support order by any lawful means.
  196         Section 6. Except as otherwise expressly provided in this
  197  act and except for this section, which shall take effect upon
  198  this act becoming a law, this act shall take effect July 1,
  199  2011.