Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 552
       
       
       
       
       
       
                                Ì6750387Î675038                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/27/2017           .                                
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       The Committee on Criminal Justice (Bracy) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Florida
    6  Responsible Parent Act.”
    7         Section 2. Paragraph (c) of subsection (1) and subsection
    8  (3) of section 61.13016, Florida Statutes, are amended to read:
    9         61.13016 Suspension of driver licenses and motor vehicle
   10  registrations.—
   11         (1) The driver license and motor vehicle registration of a
   12  support obligor who is delinquent in payment or who has failed
   13  to comply with subpoenas or a similar order to appear or show
   14  cause relating to paternity or support proceedings may be
   15  suspended. When an obligor is 15 days delinquent making a
   16  payment in support or failure to comply with a subpoena, order
   17  to appear, order to show cause, or similar order in IV-D cases,
   18  the Title IV-D agency may provide notice to the obligor of the
   19  delinquency or failure to comply with a subpoena, order to
   20  appear, order to show cause, or similar order and the intent to
   21  suspend by regular United States mail that is posted to the
   22  obligor’s last address of record with the Department of Highway
   23  Safety and Motor Vehicles. When an obligor is 15 days delinquent
   24  in making a payment in support in non-IV-D cases, and upon the
   25  request of the obligee, the depository or the clerk of the court
   26  must provide notice to the obligor of the delinquency and the
   27  intent to suspend by regular United States mail that is posted
   28  to the obligor’s last address of record with the Department of
   29  Highway Safety and Motor Vehicles. In either case, the notice
   30  must state:
   31         (c) That notification will be given to the Department of
   32  Highway Safety and Motor Vehicles to suspend the obligor’s
   33  driver license and motor vehicle registration unless, within 20
   34  days after the date that the notice is mailed, the obligor:
   35         1.a. Pays the delinquency in full and any other costs and
   36  fees accrued between the date of the notice and the date the
   37  delinquency is paid;
   38         b. Enters into a written agreement for payment with the
   39  obligee in non-IV-D cases or with the Title IV-D agency in IV-D
   40  cases; or in IV-D cases, complies with a subpoena or order to
   41  appear, order to show cause, or a similar order;
   42         c. Files a petition with the circuit court to contest the
   43  delinquency action;
   44         d. Demonstrates that he or she receives reemployment
   45  assistance or unemployment compensation pursuant to chapter 443;
   46         e. Demonstrates that he or she is disabled and incapable of
   47  self-support or that he or she receives benefits under the
   48  federal Supplemental Security Income program or Social Security
   49  Disability Insurance program;
   50         f. Demonstrates that he or she receives temporary cash
   51  assistance pursuant to chapter 414; or
   52         g.Demonstrates that he or she is unable to pay support due
   53  to an act of God, his or her own medical emergency, or sudden
   54  involuntary unemployment beyond his or her control. For purposes
   55  of this sub-subparagraph, the term "act of God" means an
   56  unforeseeable act exclusively occasioned by the violence of
   57  nature without the interference of any human agency; or
   58         h.g. Demonstrates that he or she is making payments in
   59  accordance with a confirmed bankruptcy plan under chapter 11,
   60  chapter 12, or chapter 13 of the United States Bankruptcy Code,
   61  11 U.S.C. ss. 101 et seq.; and
   62         2. Pays any applicable delinquency fees.
   63  
   64  If an obligor in a non-IV-D case enters into a written agreement
   65  for payment before the expiration of the 20-day period, the
   66  obligor must provide a copy of the signed written agreement to
   67  the depository or the clerk of the court. If an obligor seeks to
   68  satisfy sub-subparagraph 1.d., sub-subparagraph 1.e., sub
   69  subparagraph 1.f., or sub-subparagraph 1.g., or sub-subparagraph
   70  1.h. before expiration of the 20-day period, the obligor must
   71  provide the applicable documentation or proof to the depository
   72  or the clerk of the court.
   73         (3) If the obligor does not, within 20 days after the
   74  mailing date on the notice, pay the delinquency; enter into a
   75  written agreement; comply with the subpoena, order to appear,
   76  order to show cause, or other similar order; file a motion to
   77  contest; or satisfy sub-subparagraph (1)(c)1.d., sub
   78  subparagraph (1)(c)1.e., sub-subparagraph (1)(c)1.f., or sub
   79  subparagraph (1)(c)1.g., or sub-subparagraph (1)(c)1.h., the
   80  Title IV-D agency in IV-D cases, or the depository or clerk of
   81  the court in non-IV-D cases, may file the notice with the
   82  Department of Highway Safety and Motor Vehicles and request the
   83  suspension of the obligor’s driver license and motor vehicle
   84  registration in accordance with s. 322.058.
   85         Section 3. Paragraph (a) of subsection (5) of section
   86  61.14, Florida Statutes, is amended to read:
   87         61.14 Enforcement and modification of support, maintenance,
   88  or alimony agreements or orders.—
   89         (5)(a) When a court of competent jurisdiction enters an
   90  order for the payment of alimony or child support or both, the
   91  court shall make a finding of the obligor’s imputed or actual
   92  present ability to comply with the order. If the obligor
   93  subsequently fails to pay alimony or support and a contempt
   94  hearing is held, the original order of the court creates a
   95  presumption that the obligor has the present ability to pay the
   96  alimony or support and to purge himself or herself from the
   97  contempt. At the contempt hearing, the obligor shall have the
   98  burden of proof to show that he or she lacks the ability to
   99  purge himself or herself from the contempt. This presumption is
  100  adopted as a presumption under s. 90.302(2) to implement the
  101  public policy of this state that children shall be maintained
  102  from the resources of their parents and as provided for in s.
  103  409.2551, and that spouses be maintained as provided for in s.
  104  61.08. The court shall state in its order the reasons for
  105  granting or denying the contempt. The court shall deny the
  106  contempt if the obligor demonstrates that he or she is unable to
  107  pay support due to an act of God, his or her own medical
  108  emergency, or sudden involuntary unemployment beyond his or her
  109  control. For purposes of this paragraph, the term "act of God"
  110  means an unforeseeable act exclusively occasioned by the
  111  violence of nature without the interference of any human agency.
  112         Section 4. This act shall take effect July 1, 2017.
  113  
  114  ================= T I T L E  A M E N D M E N T ================
  115  And the title is amended as follows:
  116         Delete everything before the enacting clause
  117  and insert:
  118                        A bill to be entitled                      
  119         An act relating to child support; creating the
  120         “Florida Responsible Parent Act”; amending s.
  121         61.13016, F.S.; providing additional circumstances
  122         under which an obligor who fails to pay child support
  123         may avoid suspension of his or her driver license and
  124         motor vehicle registration; amending s. 61.14, F.S.;
  125         requiring a court to deny an order for contempt if an
  126         obligor demonstrates that he or she is unable to pay
  127         child support due to specified circumstances;
  128         providing an effective date.