Florida Senate - 2017                                     SB 552
       
       
        
       By Senator Bracy
       
       11-00926-17                                            2017552__
    1                        A bill to be entitled                      
    2         An act relating to child support; creating the
    3         “Florida Responsible Parent Act”; amending s.
    4         61.13016, F.S.; providing additional circumstances
    5         under which an obligor who fails to pay child support
    6         may avoid suspension of his or her driver license and
    7         motor vehicle registration; amending s. 61.14, F.S.;
    8         requiring a court to deny an order for contempt if an
    9         obligor demonstrates that he or she is unable to pay
   10         child support due to specified circumstances;
   11         authorizing the court to order an obligor to be placed
   12         in a work-release program or under supervised home
   13         confinement without electronic monitoring for failure
   14         to pay child support due to any of such circumstances;
   15         requiring the Department of Economic Opportunity to
   16         develop and administer a tax credit program for
   17         business entities that employ such obligors; requiring
   18         the department to adopt rules; providing an effective
   19         date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. This act may be cited as the “Florida
   24  Responsible Parent Act.”
   25         Section 2. Paragraph (c) of subsection (1) and subsection
   26  (3) of section 61.13016, Florida Statutes, are amended to read:
   27         61.13016 Suspension of driver licenses and motor vehicle
   28  registrations.—
   29         (1) The driver license and motor vehicle registration of a
   30  support obligor who is delinquent in payment or who has failed
   31  to comply with subpoenas or a similar order to appear or show
   32  cause relating to paternity or support proceedings may be
   33  suspended. When an obligor is 15 days delinquent making a
   34  payment in support or failure to comply with a subpoena, order
   35  to appear, order to show cause, or similar order in IV-D cases,
   36  the Title IV-D agency may provide notice to the obligor of the
   37  delinquency or failure to comply with a subpoena, order to
   38  appear, order to show cause, or similar order and the intent to
   39  suspend by regular United States mail that is posted to the
   40  obligor’s last address of record with the Department of Highway
   41  Safety and Motor Vehicles. When an obligor is 15 days delinquent
   42  in making a payment in support in non-IV-D cases, and upon the
   43  request of the obligee, the depository or the clerk of the court
   44  must provide notice to the obligor of the delinquency and the
   45  intent to suspend by regular United States mail that is posted
   46  to the obligor’s last address of record with the Department of
   47  Highway Safety and Motor Vehicles. In either case, the notice
   48  must state:
   49         (c) That notification will be given to the Department of
   50  Highway Safety and Motor Vehicles to suspend the obligor’s
   51  driver license and motor vehicle registration unless, within 20
   52  days after the date that the notice is mailed, the obligor:
   53         1.a. Pays the delinquency in full and any other costs and
   54  fees accrued between the date of the notice and the date the
   55  delinquency is paid;
   56         b. Enters into a written agreement for payment with the
   57  obligee in non-IV-D cases or with the Title IV-D agency in IV-D
   58  cases; or in IV-D cases, complies with a subpoena or order to
   59  appear, order to show cause, or a similar order;
   60         c. Files a petition with the circuit court to contest the
   61  delinquency action;
   62         d. Demonstrates that he or she receives reemployment
   63  assistance or unemployment compensation pursuant to chapter 443;
   64         e. Demonstrates that he or she is disabled and incapable of
   65  self-support or that he or she receives benefits under the
   66  federal Supplemental Security Income program or Social Security
   67  Disability Insurance program;
   68         f. Demonstrates that he or she receives temporary cash
   69  assistance pursuant to chapter 414; or
   70         g.Demonstrates that he or she is unable to pay support due
   71  to an act of God, a medical emergency involving him or her, or
   72  sudden involuntary unemployment beyond his or her control;
   73         h.Demonstrates that he or she has been ordered by the
   74  court to be placed in a work-release program or under supervised
   75  home confinement without electronic monitoring for failure to
   76  pay support pursuant to s. 61.14(5)(a); or
   77         i.g. Demonstrates that he or she is making payments in
   78  accordance with a confirmed bankruptcy plan under chapter 11,
   79  chapter 12, or chapter 13 of the United States Bankruptcy Code,
   80  11 U.S.C. ss. 101 et seq.; and
   81         2. Pays any applicable delinquency fees.
   82  
   83  If an obligor in a non-IV-D case enters into a written agreement
   84  for payment before the expiration of the 20-day period, the
   85  obligor must provide a copy of the signed written agreement to
   86  the depository or the clerk of the court. If an obligor seeks to
   87  satisfy sub-subparagraph 1.d., sub-subparagraph 1.e., sub
   88  subparagraph 1.f., or sub-subparagraph 1.g., sub-subparagraph
   89  1.h., or sub-subparagraph 1.i. before expiration of the 20-day
   90  period, the obligor must provide the applicable documentation or
   91  proof to the depository or the clerk of the court.
   92         (3) If the obligor does not, within 20 days after the
   93  mailing date on the notice, pay the delinquency; enter into a
   94  written agreement; comply with the subpoena, order to appear,
   95  order to show cause, or other similar order; file a motion to
   96  contest; or satisfy sub-subparagraph (1)(c)1.d., sub
   97  subparagraph (1)(c)1.e., sub-subparagraph (1)(c)1.f., or sub
   98  subparagraph (1)(c)1.g., sub-subparagraph (1)(c)1.h., or sub
   99  subparagraph (1)(c)1.i., the Title IV-D agency in IV-D cases, or
  100  the depository or clerk of the court in non-IV-D cases, may file
  101  the notice with the Department of Highway Safety and Motor
  102  Vehicles and request the suspension of the obligor’s driver
  103  license and motor vehicle registration in accordance with s.
  104  322.058.
  105         Section 3. Paragraph (a) of subsection (5) of section
  106  61.14, Florida Statutes, is amended to read:
  107         61.14 Enforcement and modification of support, maintenance,
  108  or alimony agreements or orders.—
  109         (5)(a) When a court of competent jurisdiction enters an
  110  order for the payment of alimony or child support or both, the
  111  court shall make a finding of the obligor’s imputed or actual
  112  present ability to comply with the order. If the obligor
  113  subsequently fails to pay alimony or support and a contempt
  114  hearing is held, the original order of the court creates a
  115  presumption that the obligor has the present ability to pay the
  116  alimony or support and to purge himself or herself from the
  117  contempt. At the contempt hearing, the obligor shall have the
  118  burden of proof to show that he or she lacks the ability to
  119  purge himself or herself from the contempt. This presumption is
  120  adopted as a presumption under s. 90.302(2) to implement the
  121  public policy of this state that children shall be maintained
  122  from the resources of their parents and as provided for in s.
  123  409.2551, and that spouses be maintained as provided for in s.
  124  61.08. The court shall state in its order the reasons for
  125  granting or denying the contempt. The court shall deny the
  126  contempt if the obligor demonstrates that he or she is unable to
  127  pay child support due to an act of God, a medical emergency
  128  involving him or her, or sudden involuntary unemployment beyond
  129  his or her control. If the court finds that the obligor has
  130  failed to pay child support due to any of such circumstances,
  131  the court may order the obligor to be placed in a work-release
  132  program or under supervised home confinement without electronic
  133  monitoring.
  134         Section 4. The Department of Economic Opportunity shall
  135  develop and administer a program to provide tax credits to any
  136  business entity that employs an obligor who is ordered to be
  137  placed in a work-release program or under supervised home
  138  confinement without electronic monitoring pursuant to s.
  139  61.14(5), Florida Statutes. The department shall adopt rules to
  140  administer this section.
  141         Section 5. This act shall take effect July 1, 2017.