Florida Senate - 2012                                     SB 914
       
       
       
       By Senator Oelrich
       
       
       
       
       14-00681-12                                            2012914__
    1                        A bill to be entitled                      
    2         An act relating to suspension of driver licenses and
    3         motor vehicle registrations; amending s. 61.13016,
    4         F.S.; revising provisions providing for an obligor who
    5         is delinquent in support payments to petition the
    6         circuit court to direct the Department of Highway
    7         Safety and Motor Vehicles to issue to the obligor a
    8         driver license restricted to business purposes only;
    9         requiring that the court, before approving a schedule
   10         for an obligor’s delinquent support payments, find
   11         that the obligor has the present ability to pay the
   12         child support arrearage and support obligation;
   13         requiring that the court direct the Department of
   14         Highway Safety and Motor Vehicles to suspend the
   15         obligor’s driver license if the obligor fails to
   16         comply with the schedule of payments and if the
   17         obligor has the ability to pay; amending s. 322.058,
   18         F.S.; requiring that the Department of Highway Safety
   19         and Motor Vehicles reinstate the driving privilege and
   20         allow registration of a motor vehicle of a person who
   21         has a delinquent support obligation or who has failed
   22         to comply with a subpoena, order to appear, order to
   23         show cause, or similar order, if the Title IV-D agency
   24         in IV-D cases, or the depository or the clerk of the
   25         court in non-IV-D cases, provides an affidavit to the
   26         department stating that the court has directed that
   27         the person be issued a license for driving privileges
   28         restricted to business purposes only; amending s.
   29         409.256, F.S.; revising provisions to conform to
   30         changes made by the act; providing an effective date.
   31  
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Section 61.13016, Florida Statutes, is amended
   35  to read:
   36         61.13016 Suspension of driver driver’s licenses and motor
   37  vehicle registrations.—
   38         (1) The driver driver’s license and motor vehicle
   39  registration of a support obligor who is delinquent in payment
   40  or who has failed to comply with subpoenas or a similar order to
   41  appear or show cause relating to paternity or support
   42  proceedings may be suspended. When an obligor is 15 days
   43  delinquent making a payment in support or failure to comply with
   44  a subpoena, order to appear, order to show cause, or similar
   45  order in IV-D cases, the Title IV-D agency may provide notice to
   46  the obligor of the delinquency or failure to comply with a
   47  subpoena, order to appear, order to show cause, or similar order
   48  and the intent to suspend by regular United States mail that is
   49  posted to the obligor’s last address of record with the
   50  Department of Highway Safety and Motor Vehicles. When an obligor
   51  is 15 days delinquent in making a payment in support in non-IV-D
   52  cases, and upon the request of the obligee, the depository or
   53  the clerk of the court must provide notice to the obligor of the
   54  delinquency and the intent to suspend by regular United States
   55  mail that is posted to the obligor’s last address of record with
   56  the Department of Highway Safety and Motor Vehicles. In either
   57  case, The notice must state:
   58         (a) The terms of the order creating the support obligation;
   59         (b) The period of the delinquency and the total amount of
   60  the delinquency as of the date of the notice or describe the
   61  subpoena, order to appear, order to show cause, or other similar
   62  order that which has not been complied with;
   63         (c) That notification will be given to the Department of
   64  Highway Safety and Motor Vehicles to suspend the obligor’s
   65  driver driver’s license and motor vehicle registration unless,
   66  within 20 days after the date the notice is mailed, the obligor:
   67         1.a. Pays the delinquency in full and any other costs and
   68  fees accrued between the date of the notice and the date the
   69  delinquency is paid;
   70         b. Enters into a written agreement for payment with the
   71  obligee in non-IV-D cases or with the Title IV-D agency in IV-D
   72  cases; or in IV-D cases, complies with a subpoena or order to
   73  appear, order to show cause, or a similar order; or
   74         c. Files a petition with the circuit court to contest the
   75  delinquency action; and
   76         2. Pays any applicable delinquency fees.
   77  
   78  If the obligor in non-IV-D cases enters into a written agreement
   79  for payment before the expiration of the 20-day period, the
   80  obligor must provide a copy of the signed written agreement to
   81  the depository or the clerk of the court.
   82         (2)(a) If the obligor files a Upon petition filed by the
   83  obligor in the circuit court within 20 days after the mailing
   84  date of the notice, the court may, in its discretion, direct the
   85  department to issue a license for driving privileges restricted
   86  to business purposes only, as defined by s. 322.271, if the
   87  person is otherwise qualified for such a license. As a condition
   88  for the court to exercise its discretion under this subsection,
   89  the obligor must agree to a schedule of payment on any child
   90  support arrearages and to maintain current child support
   91  obligations. Before approving the schedule of payment, the court
   92  must find that the obligor has the present ability to pay the
   93  schedule of payment for the child support arrearage and the
   94  current child support obligation.
   95         (b) If the obligor fails to comply with the schedule of
   96  payment and if the obligor has the present ability to do so, the
   97  court shall direct the Department of Highway Safety and Motor
   98  Vehicles to suspend the obligor’s driver driver’s license.
   99         (c)(b) The obligor must serve a copy of the petition on the
  100  Title IV-D agency in IV-D cases or on the depository or the
  101  clerk of the court in non-IV-D cases. When an obligor timely
  102  files a petition to set aside a suspension, the court must hear
  103  the matter within 15 days after the petition is filed. The court
  104  must enter an order resolving the matter within 10 days after
  105  the hearing, and a copy of the order must be served on the
  106  parties. The timely filing of a petition under this subsection
  107  stays the intent to suspend until the entry of a court order
  108  resolving the matter.
  109         (3) If the obligor does not, within 20 days after the
  110  mailing date on the notice, pay the delinquency, enter into a
  111  payment agreement, comply with the subpoena, order to appear,
  112  order to show cause, or other similar order, or file a motion to
  113  contest, the Title IV-D agency in IV-D cases, or the depository
  114  or clerk of the court in non-IV-D cases, shall file the notice
  115  with the Department of Highway Safety and Motor Vehicles and
  116  request the suspension of the obligor’s driver driver’s license
  117  and motor vehicle registration in accordance with s. 322.058.
  118         (4) The obligor may, within 20 days after the mailing date
  119  on the notice of delinquency or noncompliance and intent to
  120  suspend, file in the circuit court a petition to contest the
  121  notice of delinquency or noncompliance and intent to suspend on
  122  the ground of mistake of fact regarding the existence of a
  123  delinquency or the identity of the obligor. The obligor must
  124  serve a copy of the petition on the Title IV-D agency in IV-D
  125  cases or depository or clerk of the court in non-IV-D cases.
  126  When an obligor timely files a petition to contest, the court
  127  must hear the matter within 15 days after the petition is filed.
  128  The court must enter an order resolving the matter within 10
  129  days after the hearing, and a copy of the order must be served
  130  on the parties. The timely filing of a petition to contest stays
  131  the notice of delinquency and intent to suspend until the entry
  132  of a court order resolving the matter.
  133         (5) The procedures prescribed in this section and s.
  134  322.058 may be used to enforce compliance with an order to
  135  appear for genetic testing.
  136         Section 2. Section 322.058, Florida Statutes, is amended to
  137  read:
  138         322.058 Suspension of driving privilege privileges due to
  139  support delinquency; reinstatement.—
  140         (1) When the department receives notice from the Title IV-D
  141  agency or depository or the clerk of the court that a any person
  142  licensed to operate a motor vehicle in the State of Florida
  143  under the provisions of this chapter has a delinquent support
  144  obligation or has failed to comply with a subpoena, order to
  145  appear, order to show cause, or similar order, the department
  146  shall suspend the driver driver’s license of the person named in
  147  the notice and the registration of all motor vehicles owned by
  148  that person.
  149         (2) The department shall reinstate the driving privilege
  150  and allow registration of the motor vehicle of a person who has
  151  a delinquent support obligation or who has failed to comply with
  152  a subpoena, order to appear, order to show cause, or similar
  153  order, if the Title IV-D agency in IV-D cases, or the depository
  154  or the clerk of the court in non-IV-D cases, provides to the
  155  department an affidavit stating that the person has agreed to a
  156  schedule of payment on child support arrearages and to maintain
  157  support obligations, and the court has directed that the person
  158  be issued a license for driving privileges restricted to
  159  business purposes only, as defined by s. 322.271 and pursuant to
  160  s. 316.13016.
  161         (3)(2) The department shall also must reinstate the driving
  162  privilege and allow registration of a motor vehicle when the
  163  Title IV-D agency in IV-D cases or the depository or the clerk
  164  of the court in non-IV-D cases provides to the department an
  165  affidavit stating that:
  166         (a) The person has paid the delinquency;
  167         (b) The person has reached a written agreement for payment
  168  with the Title IV-D agency or the obligee in non-IV-D cases;
  169         (c) A court has entered an order granting relief to the
  170  obligor ordering the reinstatement of the license and motor
  171  vehicle registration; or
  172         (d) The person has complied with the subpoena, order to
  173  appear, order to show cause, or similar order.
  174         (4)(3) The department is shall not be held liable for a any
  175  license or vehicle registration suspension resulting from the
  176  discharge of its duties under this section.
  177         (5)(4) This section applies only to the annual renewal in
  178  the owner’s birth month of a motor vehicle registration and does
  179  not apply to the transfer of a registration of a motor vehicle
  180  sold by a motor vehicle dealer licensed under chapter 320,
  181  except for the transfer of registrations which is inclusive of
  182  the annual renewals. This section does not affect the issuance
  183  of the title to a motor vehicle, notwithstanding s.
  184  319.23(7)(b).
  185         Section 3. Subsection (7) of section 409.256, Florida
  186  Statutes, is amended to read:
  187         409.256 Administrative proceeding to establish paternity or
  188  paternity and child support; order to appear for genetic
  189  testing.—
  190         (7) FAILURE OR REFUSAL TO SUBMIT TO GENETIC TESTING.—If a
  191  person who is served with an order to appear for genetic testing
  192  fails to appear without good cause or refuses to submit to
  193  testing without good cause, the department may take one or more
  194  of the following actions:
  195         (a) Commence a proceeding to suspend the driver driver’s
  196  license and motor vehicle registration of the person ordered to
  197  appear, as provided in s. 61.13016;
  198         (b) Impose an administrative fine against the person
  199  ordered to appear in the amount of $500; or
  200         (c) File a petition in circuit court to establish
  201  paternity, obtain a support order for the child, and seek
  202  reimbursement from the person ordered to appear for the full
  203  cost of genetic testing incurred by the department.
  204  
  205  As provided in s. 322.058(3) s. 322.058(2), a suspended driver
  206  driver’s license and motor vehicle registration shall may be
  207  reinstated when the person ordered to appear complies with the
  208  order to appear for genetic testing. The department may collect
  209  an administrative fine imposed under this subsection by using
  210  civil remedies or other statutory means available to the
  211  department for collecting support.
  212         Section 4. This act shall take effect July 1, 2012.