HB 935

1
A bill to be entitled
2An act relating to child support enforcement; amending
3s. 61.13, F.S.; providing that in Title IV-D cases an
4affidavit seeking to require payments be made through
5the State Disbursement Unit need not allege a default
6in support payments and default is not required;
7amending s. 61.13016, F.S.; providing that a child
8support obligor may avoid the suspension of his or her
9driver license and motor vehicle registration by
10beginning to pay his or her obligation by income
11deduction within a specified period; authorizing
12rather than requiring the Title IV-D agency, or the
13depository or clerk of the court, to request the
14suspension of the obligor's driver license and motor
15vehicle registration if a delinquent obligor fails to
16take a specified action within a certain period after
17notice of default; amending s. 322.058, F.S.;
18providing that a child support obligor may avoid the
19suspension of his or her driver license and motor
20vehicle registration by beginning to pay his or her
21obligation by income deduction within a specified
22period; amending s. 409.256, F.S.; authorizing a
23child's caregiver, in addition to a child's mother, to
24make an affidavit or declaration that the child's
25putative father is or may be the child's biological
26father; amending s. 409.2563, F.S.; revising the time
27period in which a parent from whom support is sought
28may request an informal discussion of a proposed
29administrative support order; amending s. 409.25656,
30F.S.; providing that certain notices may be sent by
31regular rather than certified or registered mail;
32providing that a garnishee may consent to receive
33certain notices by secure e-mail or fax; requiring
34establishment of an automated method for the Chief
35Financial Officer to periodically provide the
36Department of Revenue an electronic file of
37individuals to whom the state pays money for goods or
38services or who lease real property to the state;
39requiring garnishment of such payments for past due or
40overdue support; deleting provisions requiring the
41Department of Revenue to provide certain information
42to the Chief Financial Officer for such purpose;
43amending s. 409.25658, F.S.; providing that certain
44notices may be sent by regular rather than certified
45mail; revising provisions concerning use of unclaimed
46property for collection of past due support; amending
47s. 409.2575, F.S.; revising language concerning who
48may cause certain liens to be placed for unpaid and
49delinquent support; authorizing liens on a claim,
50settlement, or judgment that may result in payment to
51the obligor; providing for notice to the obligor;
52providing requirements for such notice; providing
53effective dates.
54
55Be It Enacted by the Legislature of the State of Florida:
56
57     Section 1.  Paragraph (d) of subsection (1) of section
5861.13, Florida Statutes, is amended to read:
59     61.13  Support of children; parenting and time-sharing;
60powers of court.-
61     (1)
62     (d)1.  All child support orders shall provide the full name
63and date of birth of each minor child who is the subject of the
64child support order.
65     2.  If both parties request and the court finds that it is
66in the best interest of the child, support payments need not be
67subject to immediate income deduction. Support orders that are
68not subject to immediate income deduction may be directed
69through the depository under s. 61.181 or made payable directly
70to the obligee. Payments made by immediate income deduction
71shall be made to the State Disbursement Unit. The court shall
72provide a copy of the order to the depository.
73     3.  For support orders payable directly to the obligee, any
74party, or the department in a IV-D case, may subsequently file
75an affidavit with the depository alleging a default in payment
76of child support and stating that the party wishes to require
77that payments be made through the depository. For IV-D cases,
78the affidavit need not allege a default in support payments and
79default is not required. The party shall provide copies of the
80affidavit to the court and to each other party. Fifteen days
81after receipt of the affidavit, the depository shall notify all
82parties that future payments shall be paid through the
83depository, except that payments in Title IV-D cases and income
84deduction payments shall be made to the State Disbursement Unit.
85     Section 2.  Subsection (1), paragraph (a) of subsection
86(2), and subsection (3) of section 61.13016, Florida Statutes,
87are amended to read:
88     61.13016  Suspension of driver driver's licenses and motor
89vehicle registrations.-
90     (1)  The driver driver's license and motor vehicle
91registration of a support obligor who is delinquent in payment
92or who has failed to comply with subpoenas or a similar order to
93appear or show cause relating to paternity or support
94proceedings may be suspended. When an obligor is 15 days
95delinquent making a payment in support or failure to comply with
96a subpoena, order to appear, order to show cause, or similar
97order in IV-D cases, the Title IV-D agency may provide notice to
98the obligor of the delinquency or failure to comply with a
99subpoena, order to appear, order to show cause, or similar order
100and the intent to suspend by regular United States mail that is
101posted to the obligor's last address of record with the
102Department of Highway Safety and Motor Vehicles. When an obligor
103is 15 days delinquent in making a payment in support in non-IV-D
104cases, and upon the request of the obligee, the depository or
105the clerk of the court must provide notice to the obligor of the
106delinquency and the intent to suspend by regular United States
107mail that is posted to the obligor's last address of record with
108the Department of Highway Safety and Motor Vehicles. In either
109case, the notice must state:
110     (a)  The terms of the order creating the support
111obligation;
112     (b)  The period of the delinquency and the total amount of
113the delinquency as of the date of the notice or describe the
114subpoena, order to appear, order to show cause, or other similar
115order that which has not been complied with;
116     (c)  That notification may will be given to the Department
117of Highway Safety and Motor Vehicles to suspend the obligor's
118driver driver's license and motor vehicle registration unless,
119within 20 days after the date the notice is mailed, the obligor:
120     1.a.  Pays the delinquency in full and any other costs and
121fees accrued between the date of the notice and the date the
122delinquency is paid;
123     b.  Enters into a written agreement for payment with the
124obligee in non-IV-D cases or with the Title IV-D agency in IV-D
125cases; or in IV-D cases, complies with a subpoena or order to
126appear, order to show cause, or a similar order; or
127     c.  Files a petition with the circuit court to contest the
128delinquency action; or and
129     d.  Begins paying the delinquency by income deduction; and
130     2.  Pays any applicable delinquency fees.
131
132If the obligor in non-IV-D cases enters into a written agreement
133for payment before the expiration of the 20-day period, the
134obligor must provide a copy of the signed written agreement to
135the depository or the clerk of the court.
136     (2)(a)  Upon petition filed by the obligor in the circuit
137court within 20 days after the mailing date of the notice, the
138court may, in its discretion, direct the department to issue a
139license for driving privileges restricted to business purposes
140only, as defined by s. 322.271, if the person is otherwise
141qualified for such a license. As a condition for the court to
142exercise its discretion under this subsection, the obligor must
143agree to a schedule of payment on any child support arrearages
144and to maintain current child support obligations. If the
145obligor fails to comply with the schedule of payment, the court
146shall direct the Department of Highway Safety and Motor Vehicles
147to suspend the obligor's driver driver's license.
148     (3)  If the obligor does not, within 20 days after the
149mailing date on the notice, pay the delinquency;, enter into a
150written payment agreement;, comply with the subpoena, order to
151appear, order to show cause, or other similar order; begin
152paying the delinquency by income deduction;, or file a motion to
153contest, the Title IV-D agency in IV-D cases, or the depository
154or clerk of the court in non-IV-D cases, may shall file the
155notice with the Department of Highway Safety and Motor Vehicles
156and request the suspension of the obligor's driver driver's
157license and motor vehicle registration in accordance with s.
158322.058.
159     Section 3.  Subsections (1) and (2) of section 322.058,
160Florida Statutes, are amended to read:
161     322.058  Suspension of driving privileges due to support
162delinquency; reinstatement.-
163     (1)  When the department receives notice from the Title IV-
164D agency or depository or the clerk of the court that any person
165licensed to operate a motor vehicle in the State of Florida
166under the provisions of this chapter has a delinquent support
167obligation or has failed to comply with a subpoena, order to
168appear, order to show cause, or similar order, the department
169shall suspend the driver driver's license of the person named in
170the notice and the registration of all motor vehicles owned by
171that person.
172     (2)  The department must reinstate the driving privilege
173and allow registration of a motor vehicle when the Title IV-D
174agency in IV-D cases or the depository or the clerk of the court
175in non-IV-D cases provides to the department an affidavit
176stating that:
177     (a)  The person has paid the delinquency;
178     (b)  The person has reached a written agreement for payment
179with the Title IV-D agency or the obligee in non-IV-D cases;
180     (c)  A court has entered an order granting relief to the
181obligor ordering the reinstatement of the license and motor
182vehicle registration; or
183     (d)  The person has complied with the subpoena, order to
184appear, order to show cause, or similar order; or
185     (e)  The obligor is paying the delinquency by income
186deduction.
187     Section 4.  Effective July 1, 2012, paragraph (a) of
188subsection (2), paragraph (c) of subsection (4), and subsection
189(7) of section 409.256, Florida Statutes, are amended to read:
190     409.256  Administrative proceeding to establish paternity
191or paternity and child support; order to appear for genetic
192testing.-
193     (2)  JURISDICTION; LOCATION OF HEARINGS; RIGHT OF ACCESS TO
194THE COURTS.-
195     (a)  The department may commence a paternity proceeding or
196a paternity and child support proceeding as provided in
197subsection (4) if:
198     1.  The child's paternity has not been established.
199     2.  No one is named as the father on the child's birth
200certificate or the person named as the father is the putative
201father named in an affidavit or a written declaration as
202provided in subparagraph 5.
203     3.  The child's mother was unmarried when the child was
204conceived and born.
205     4.  The department is providing services under Title IV-D.
206     5.  The child's mother or caregiver or a putative father
207has stated in an affidavit, or in a written declaration as
208provided in s. 92.525(2), that the putative father is or may be
209the child's biological father. The affidavit or written
210declaration must set forth the factual basis for the allegation
211of paternity as provided in s. 742.12(2).
212     (4)  NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR
213PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC
214TESTING; MANNER OF SERVICE; CONTENTS.-The Department of Revenue
215shall commence a proceeding to determine paternity, or a
216proceeding to determine both paternity and child support, by
217serving the respondent with a notice as provided in this
218section. An order to appear for genetic testing may be served at
219the same time as a notice of the proceeding or may be served
220separately. A copy of the affidavit or written declaration upon
221which the proceeding is based shall be provided to the
222respondent when notice is served. A notice or order to appear
223for genetic testing shall be served by certified mail,
224restricted delivery, return receipt requested, or in accordance
225with the requirements for service of process in a civil action.
226Service by certified mail is completed when the certified mail
227is received or refused by the addressee or by an authorized
228agent as designated by the addressee in writing. If a person
229other than the addressee signs the return receipt, the
230department shall attempt to reach the addressee by telephone to
231confirm whether the notice was received, and the department
232shall document any telephonic communications. If someone other
233than the addressee signs the return receipt, the addressee does
234not respond to the notice, and the department is unable to
235confirm that the addressee has received the notice, service is
236not completed and the department shall attempt to have the
237addressee served personally. For purposes of this section, an
238employee or an authorized agent of the department may serve the
239notice or order to appear for genetic testing and execute an
240affidavit of service. The department may serve an order to
241appear for genetic testing on a caregiver. The department shall
242provide a copy of the notice or order to appear by regular mail
243to the mother and caregiver, if they are not respondents.
244     (c)  The order to appear for genetic testing shall inform
245the person ordered to appear:
246     1.  That the department has commenced an administrative
247proceeding to establish whether the putative father is the
248biological father of the child.
249     2.  The name and date of birth of the child and the name of
250the child's mother.
251     3.  That the putative father has been named in an affidavit
252or written declaration that states the putative father is or may
253be the child's biological father.
254     4.  The date, time, and place that the person ordered to
255appear must appear to provide a sample for genetic testing.
256     5.  That if the person has custody of the child whose
257paternity is the subject of the proceeding, the person must
258submit the child for genetic testing.
259     6.  That when the samples are provided, the person ordered
260to appear shall verify his or her identity and the identity of
261the child, if applicable, by presenting a form of identification
262as prescribed by s. 117.05(5)(b)2. which bears the photograph of
263the person who is providing the sample or other form of
264verification approved by the department.
265     7.  That if the person ordered to appear submits to genetic
266testing, the department shall pay the cost of the genetic
267testing and shall provide the person ordered to appear with a
268copy of any test results obtained.
269     8.  That if the person ordered to appear does not appear as
270ordered or refuses to submit to genetic testing without good
271cause, the department may take one or more of the following
272actions:
273     a.  Commence proceedings to suspend the driver driver's
274license and motor vehicle registration of the person ordered to
275appear, as provided in s. 61.13016;
276     b.  Impose an administrative fine against the person
277ordered to appear in the amount of $500; or
278     c.  File a petition in circuit court to establish paternity
279and obtain a support order for the child and an order for costs
280against the person ordered to appear, including costs for
281genetic testing.
282     9.  That the person ordered to appear may contest the order
283by filing a written request for informal review within 15 days
284after the date of service of the order, with further rights to
285an administrative hearing following the informal review.
286     (7)  FAILURE OR REFUSAL TO SUBMIT TO GENETIC TESTING.-If a
287person who is served with an order to appear for genetic testing
288fails to appear without good cause or refuses to submit to
289testing without good cause, the department may take one or more
290of the following actions:
291     (a)  Commence a proceeding to suspend the driver driver's
292license and motor vehicle registration of the person ordered to
293appear, as provided in s. 61.13016;
294     (b)  Impose an administrative fine against the person
295ordered to appear in the amount of $500; or
296     (c)  File a petition in circuit court to establish
297paternity, obtain a support order for the child, and seek
298reimbursement from the person ordered to appear for the full
299cost of genetic testing incurred by the department.
300
301As provided in s. 322.058(2), a suspended driver driver's
302license and motor vehicle registration may be reinstated when
303the person ordered to appear complies with the order to appear
304for genetic testing. The department may collect an
305administrative fine imposed under this subsection by using civil
306remedies or other statutory means available to the department
307for collecting support.
308     Section 5.  Effective July 1, 2012, paragraph (c) of
309subsection (5) of section 409.2563, Florida Statutes, is amended
310to read:
311     409.2563  Administrative establishment of child support
312obligations.-
313     (5)  PROPOSED ADMINISTRATIVE SUPPORT ORDER.-
314     (c)  The department shall provide a notice of rights with
315the proposed administrative support order, which notice must
316inform the parent from whom support is being sought that:
317     1.  The parent from whom support is being sought may,
318within 20 days after the date of mailing or other service of the
319proposed administrative support order, request a hearing by
320filing a written request for hearing in a form and manner
321specified by the department;
322     2.  If the parent from whom support is being sought files a
323timely request for a hearing, the case shall be transferred to
324the Division of Administrative Hearings, which shall conduct
325further proceedings and may enter an administrative support
326order;
327     3.  A parent from whom support is being sought who fails to
328file a timely request for a hearing shall be deemed to have
329waived the right to a hearing, and the department may render an
330administrative support order pursuant to paragraph (7)(b);
331     4.  The parent from whom support is being sought may
332consent in writing to entry of an administrative support order
333without a hearing;
334     5.  The parent from whom support is being sought may,
335within 15 10 days after the date of mailing or other service of
336the proposed administrative support order, request to informally
337discuss the proposed administrative support order by filing a
338written request with the department, contact a department
339representative, at the address or telephone number specified in
340the notice, to informally discuss the proposed administrative
341support order and, if informal discussions are requested timely,
342the time for requesting a hearing will be extended until 10 days
343after the department notifies the parent that the informal
344discussions have been concluded; and
345     6.  If an administrative support order that establishes a
346parent's support obligation is rendered, whether after a hearing
347or without a hearing, the department may enforce the
348administrative support order by any lawful means.
349     Section 6.  Subsections (1), (3), and (4), paragraph (b) of
350subsection (7), and subsection (10) of section 409.25656,
351Florida Statutes, are amended to read:
352     409.25656  Garnishment.-
353     (1)  If a person has a support obligation which is subject
354to enforcement by the department as the state Title IV-D
355program, the executive director or his or her designee may give
356notice of past due and/or overdue support by regular registered
357mail to all persons who have in their possession or under their
358control any credits or personal property, including wages,
359belonging to the support obligor, or owing any debts to the
360support obligor at the time of receipt by them of such notice.
361Thereafter, any person who has been notified may not transfer or
362make any other disposition, up to the amount provided for in the
363notice, of such credits, other personal property, or debts until
364the executive director or his or her designee consents to a
365transfer or disposition, or until 60 days after the receipt of
366such notice. If the obligor contests the intended levy in the
367circuit court or under chapter 120, the notice under this
368section shall remain in effect until final disposition of that
369circuit court or chapter 120 action. Any financial institution
370receiving such notice will maintain a right of setoff for any
371transaction involving a debit card occurring on or before the
372date of receipt of such notice.
373     (3)  During the last 30 days of the 60-day period set forth
374in subsection (1), the executive director or his or her designee
375may levy upon such credits, personal property, or debts. The
376levy must be accomplished by delivery of a notice of levy by
377regular registered mail, upon receipt of which the person
378possessing the credits, other personal property, or debts shall
379transfer them to the department or pay to the department the
380amount owed by the obligor. If the department levies upon
381securities and the value of the securities is less than the
382total amount of past due or overdue support, the person who
383possesses or controls the securities shall liquidate the
384securities in a commercially reasonable manner. After
385liquidation, the person shall transfer to the department the
386proceeds, less any applicable commissions or fees, or both,
387which are charged in the normal course of business. If the value
388of the securities exceeds the total amount of past due or
389overdue support, the obligor may, within 7 days after receipt of
390the department's notice of levy, instruct the person who
391possesses or controls the securities which securities are to be
392sold to satisfy the obligation for past due or overdue support.
393If the obligor does not provide instructions for liquidation,
394the person who possesses or controls the securities shall
395liquidate the securities in a commercially reasonable manner in
396an amount sufficient to cover the obligation for past due or
397overdue support and any applicable commissions or fees, or both,
398which are charged in the normal course of business, beginning
399with the securities purchased most recently. After liquidation,
400the person who possesses or controls the securities shall
401transfer to the department the total amount of past due or
402overdue support.
403     (4)  A notice that is delivered under this section is
404effective at the time of delivery against all credits, other
405personal property, or debts of the obligor which are not at the
406time of such notice subject to an attachment, garnishment, or
407execution issued through a judicial process. Upon the
408garnishee's written consent, the department may send notices to
409the garnishee by secure e-mail or fax.
410     (7)
411     (b)  Not less than 30 days before the day of the levy, the
412notice of intent to levy required under paragraph (a) must be
413given in person or sent by regular certified or registered mail
414to the person's last known address.
415     (10)  The Chief Financial Officer shall work cooperatively
416with the department to establish an automated method for
417periodically disclosing to the department an electronic file of
418individuals to whom the state pays money for goods or services
419or who lease real property to the state. The department shall
420use the data provided to identify individuals who owe past due
421or overdue support and may garnish payments owed to such
422individuals by the state as provided in this section The
423department shall provide notice to the Chief Financial Officer,
424in electronic or other form specified by the Chief Financial
425Officer, listing the obligors for whom warrants are outstanding.
426Pursuant to subsection (1), the Chief Financial Officer shall,
427upon notice from the department, withhold all payments to any
428obligor who provides commodities or services to the state,
429leases real property to the state, or constructs a public
430building or public work for the state. The department may levy
431upon the withheld payments in accordance with subsection (3).
432Section 215.422 does not apply from the date the notice is filed
433with the Chief Financial Officer until the date the department
434notifies the Chief Financial Officer of its consent to make
435payment to the person or 60 days after receipt of the
436department's notice in accordance with subsection (1), whichever
437occurs earlier.
438     Section 7.  Subsections (1) and (4) of section 409.25658,
439Florida Statutes, are amended to read:
440     409.25658  Use of unclaimed property for past due support.-
441     (1)  In a joint effort to facilitate the collection and
442payment of past due support, the Department of Revenue, in
443cooperation with the Department of Financial Services, shall
444identify persons owing support collected by the department
445through a court who are presumed to have unclaimed property held
446by the Department of Financial Services.
447     (4)  Before Prior to paying an obligor's approved claim,
448the Department of Financial Services shall notify the department
449that the such claim has been approved. Upon confirmation that
450the Department of Financial Services has approved the claim, the
451department shall immediately send a notice by regular certified
452mail to the obligor at the address provided by the obligor to
453the Department of Financial Services, with a copy to the
454Department of Financial Services, advising the obligor of the
455department's intent to intercept the approved claim up to the
456amount of the past due support, and informing the obligor of the
457obligor's right to request a hearing under chapter 120. The
458Department of Financial Services shall retain custody of the
459property until a final order has been entered and any appeals
460thereon have been concluded, or, if the intercept is
461uncontested, until notified by the department. If the obligor
462fails to request a hearing, the department shall notify enter a
463final order instructing the Department of Financial Services,
464electronically or in writing, to transfer to the department the
465property in the amount stated in the notice or electronic file
466final order. Upon such transfer, the Department of Financial
467Services shall be released from further liability related to the
468transferred property.
469     Section 8.  Section 409.2575, Florida Statutes, is amended
470to read:
471     409.2575  Administrative liens on motor vehicles and
472vessels.-
473     (1)  The department director of the state IV-D program, or
474the director's designee, may cause a lien for unpaid and
475delinquent support to be placed upon motor vehicles, as defined
476in chapter 320, and upon vessels, as defined in chapter 327,
477that are registered in the name of an obligor who is delinquent
478in support payments, if the title to the property is held by a
479lienholder, in the manner provided in chapter 319 or chapter
480328, and upon a claim, settlement, or judgment that may result
481in payment to the obligor. The department shall notify the
482obligor of the intent to place a lien by regular mail sent to
483the obligor's address of record on file with the depository. The
484notice must state the amount of past due support owed and inform
485the obligor of the right to contest the lien at an
486administrative hearing as provided by chapter 120. Notice of
487lien shall not be mailed unless the delinquency in support
488exceeds $600.
489     (2)  If the first lienholder fails, neglects, or refuses to
490forward the certificate of title to the appropriate department
491as requested pursuant to s. 319.24 or s. 328.15, the department
492director of the IV-D program, or the director's designee, may
493apply to the circuit court for an order to enforce the
494requirements of s. 319.24 or s. 328.15, whichever applies.
495     Section 9.  Except as otherwise expressly provided in this
496act, this act shall take effect upon becoming a law.


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