Florida Senate - 2017              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 590
       
       
       
       
       
                               Ì765792LÎ765792                          
       
       576-03834-17                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on General Government)
    1                        A bill to be entitled                      
    2         An act relating to child support and parenting time
    3         plans; amending s. 409.2551, F.S.; providing
    4         legislative intent to encourage frequent contact
    5         between a child and each parent; amending s. 409.2554,
    6         F.S.; defining terms; amending s. 409.2557, F.S.;
    7         authorizing the Department of Revenue to establish
    8         parenting time plans agreed to by both parents in
    9         Title IV-D child support actions; amending s.
   10         409.2563, F.S.; requiring the department to mail a
   11         Title IV-D Standard Parenting Time Plan with proposed
   12         administrative support orders; providing requirements
   13         for including parenting time plans in certain
   14         administrative orders; creating s. 409.25633, F.S.;
   15         providing the purpose and requirements for a Title IV
   16         D Standard Parenting Time Plan; requiring the
   17         department to refer parents who do not agree on a
   18         parenting time plan to a circuit court; requiring the
   19         department to create and provide a form for a petition
   20         to establish a parenting time plan under certain
   21         circumstances; specifying that the parents are not
   22         required to pay a fee to file the petition;
   23         authorizing the department to adopt rules; amending s.
   24         409.2564, F.S.; authorizing the department to
   25         incorporate either a signed, agreed-upon parenting
   26         time plan or a signed Title IV-D Standard Parenting
   27         Time Plan in a child support order; amending ss.
   28         409.256 and 409.2572, F.S.; conforming cross
   29         references; requiring the department to submit a
   30         report to the Governor and Legislature by a specified
   31         date; specifying requirements for the report;
   32         providing an appropriation; providing an effective
   33         date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Section 409.2551, Florida Statutes, is amended
   38  to read:
   39         409.2551 Legislative intent.—Common-law and statutory
   40  procedures governing the remedies for enforcement of support for
   41  financially dependent children by persons responsible for their
   42  support have not proven sufficiently effective or efficient to
   43  cope with the increasing incidence of financial dependency. The
   44  increasing workload of courts, prosecuting attorneys, and the
   45  Attorney General has resulted in a growing burden on the
   46  financial resources of the state, which is constrained to
   47  provide public assistance for basic maintenance requirements
   48  when parents fail to meet their primary obligations. The state,
   49  therefore, exercising its police and sovereign powers, declares
   50  that the common-law and statutory remedies pertaining to family
   51  desertion and nonsupport of dependent children shall be
   52  augmented by additional remedies directed to the resources of
   53  the responsible parents. In order to render resources more
   54  immediately available to meet the needs of dependent children,
   55  it is the legislative intent that the remedies provided herein
   56  are in addition to, and not in lieu of, existing remedies. It is
   57  declared to be the public policy of this state that this act be
   58  construed and administered to the end that children shall be
   59  maintained from the resources of their parents, thereby
   60  relieving, at least in part, the burden presently borne by the
   61  general citizenry through public assistance programs. It is also
   62  the public policy of this state to encourage frequent contact
   63  between a child and each parent to optimize the development of a
   64  close and continuing relationship between each parent and the
   65  child.
   66         Section 2. Section 409.2554, Florida Statutes, is reordered
   67  and amended to read:
   68         409.2554 Definitions; ss. 409.2551-409.2598.—As used in ss.
   69  409.2551-409.2598, the term:
   70         (5)(1) “Department” means the Department of Revenue.
   71         (6)(2) “Dependent child” means any unemancipated person
   72  under the age of 18, any person under the age of 21 and still in
   73  school, or any person who is mentally or physically
   74  incapacitated when such incapacity began before prior to such
   75  person reaching the age of 18. This definition may shall not be
   76  construed to impose an obligation for child support beyond the
   77  child’s attainment of majority except as imposed in s. 409.2561.
   78         (3) “Court” means the circuit court.
   79         (4) “Court order” means any judgment or order of any court
   80  of appropriate jurisdiction of the state, or an order of a court
   81  of competent jurisdiction of another state, ordering payment of
   82  a set or determinable amount of support money.
   83         (7)(5) “Health insurance” means coverage under a fee-for
   84  service arrangement, health maintenance organization, or
   85  preferred provider organization, and other types of coverage
   86  available to either parent, under which medical services could
   87  be provided to a dependent child.
   88         (8)(6) “Obligee” means the person to whom support payments
   89  are made pursuant to an alimony or child support order.
   90         (9)(7) “Obligor” means a person who is responsible for
   91  making support payments pursuant to an alimony or child support
   92  order.
   93         (12)(8) “Public assistance” means money assistance paid on
   94  the basis of Title IV-E and Title XIX of the Social Security
   95  Act, temporary cash assistance, or food assistance benefits
   96  received on behalf of a child under 18 years of age who has an
   97  absent parent.
   98         (10)(9) “Program attorney” means an attorney employed by
   99  the department, under contract with the department, or employed
  100  by a contractor of the department, to provide legal
  101  representation for the department in a proceeding related to the
  102  determination of paternity or the establishment, modification,
  103  or enforcement of support brought pursuant to law.
  104         (11)(10) “Prosecuting attorney” means any private attorney,
  105  county attorney, city attorney, state attorney, program
  106  attorney, or an attorney employed by an entity of a local
  107  political subdivision who engages in legal action related to the
  108  determination of paternity or the establishment, modification,
  109  or enforcement of support brought pursuant to this act.
  110         (13) “State Case Registry” means the automated registry
  111  maintained by the Title IV-D agency, containing records of each
  112  Title IV-D case and of each support order established or
  113  modified in the state on or after October 1, 1998. Such records
  114  must consist of data elements as required by the United States
  115  Secretary of Health and Human Services.
  116         (14) “State Disbursement Unit” means the unit established
  117  and operated by the Title IV-D agency to provide one central
  118  address for collection and disbursement of child support
  119  payments made in cases enforced by the department pursuant to
  120  Title IV-D of the Social Security Act and in cases not being
  121  enforced by the department in which the support order was
  122  initially issued in this state on or after January 1, 1994, and
  123  in which the obligor’s child support obligation is being paid
  124  through income deduction order.
  125         (16) “Title IV-D Standard Parenting Time Plan” means a
  126  document that may be agreed to by the parents to govern the
  127  relationship between the parents and to provide the parent who
  128  owes support a reasonable minimum amount of time with his or her
  129  child. The plan set forth in s. 409.25633 includes timetables
  130  that specify the time, including overnights and holidays, that a
  131  child may spend with each parent.
  132         (15)(11) “Support,” unless otherwise specified, means:
  133         (a) Child support, and, when the child support obligation
  134  is being enforced by the Department of Revenue, spousal support
  135  or alimony for the spouse or former spouse of the obligor with
  136  whom the child is living.
  137         (b) Child support only in cases not being enforced by the
  138  Department of Revenue.
  139         (1)(12) “Administrative costs” means any costs, including
  140  attorney attorney’s fees, clerk’s filing fees, recording fees
  141  and other expenses incurred by the clerk of the circuit court,
  142  service of process fees, or mediation costs, incurred by the
  143  Title IV-D agency in its effort to administer the Title IV-D
  144  program. The administrative costs that which must be collected
  145  by the department shall be assessed on a case-by-case basis
  146  based upon a method for determining costs approved by the
  147  Federal Government. The administrative costs shall be assessed
  148  periodically by the department. The methodology for determining
  149  administrative costs shall be made available to the judge or any
  150  party who requests it. Only those amounts ordered independent of
  151  current support, arrears, or past public assistance obligation
  152  shall be considered and applied toward administrative costs.
  153         (2)(13) “Child support services” includes any civil,
  154  criminal, or administrative action taken by the Title IV-D
  155  program to determine paternity, establish, modify, enforce, or
  156  collect support.
  157         (17)(14) “Undistributable collection” means a support
  158  payment received by the department which the department
  159  determines cannot be distributed to the final intended
  160  recipient.
  161         (18)(15) “Unidentifiable collection” means a payment
  162  received by the department for which a parent, depository or
  163  circuit civil numbers, or source of the payment cannot be
  164  identified.
  165         Section 3. Subsection (2) of section 409.2557, Florida
  166  Statutes, is amended to read:
  167         409.2557 State agency for administering child support
  168  enforcement program.—
  169         (2) The department in its capacity as the state Title IV-D
  170  agency has shall have the authority to take actions necessary to
  171  carry out the public policy of ensuring that children are
  172  maintained from the resources of their parents to the extent
  173  possible. The department’s authority includes shall include, but
  174  is not be limited to, the establishment of paternity or support
  175  obligations, the establishment of a Title IV-D Standard
  176  Parenting Time Plan or any other parenting time plan agreed to
  177  and signed by the parents, and as well as the modification,
  178  enforcement, and collection of support obligations.
  179         Section 4. Subsections (2), (4), (5), and (7) of section
  180  409.2563, Florida Statutes, are amended to read:
  181         409.2563 Administrative establishment of child support
  182  obligations.—
  183         (2) PURPOSE AND SCOPE.—
  184         (a) It is not the Legislature’s intent to limit the
  185  jurisdiction of the circuit courts to hear and determine issues
  186  regarding child support or parenting time. This section is
  187  intended to provide the department with an alternative procedure
  188  for establishing child support obligations and establishing a
  189  parenting time plan only if the parents are in agreement, in
  190  Title IV-D cases in a fair and expeditious manner when there is
  191  no court order of support. The procedures in this section are
  192  effective throughout the state and shall be implemented
  193  statewide.
  194         (b) If the parents do not have an existing time-sharing
  195  schedule or parenting time plan and do not agree to a parenting
  196  time plan, a plan may not be included in the initial
  197  administrative order and the order must include a statement
  198  explaining its absence.
  199         (c) If the parents have a judicially established parenting
  200  time plan, the plan may not be included in the administrative or
  201  initial judicial order.
  202         (d) Any notification provided by the department may not
  203  include a Title IV-D Standard Parenting Time Plan if Florida is
  204  not the child’s home state, when one parent does not reside in
  205  Florida, if either parent has requested nondisclosure for fear
  206  of harm from the other parent, or when the parent who owes
  207  support is incarcerated.
  208         (e)(b) The administrative procedure set forth in this
  209  section concerns only the establishment of child support
  210  obligations and, if agreed to and signed by both parents, a
  211  parenting time plan or Title IV-D Standard Parenting Time Plan.
  212  This section does not grant jurisdiction to the department or
  213  the Division of Administrative Hearings to hear or determine
  214  issues of dissolution of marriage, separation, alimony or
  215  spousal support, termination of parental rights, dependency,
  216  disputed paternity, except for a determination of paternity as
  217  provided in s. 409.256, or award of or change of time-sharing.
  218  If both parents have agreed to and signed a parenting time plan
  219  before the establishment of the administrative support order,
  220  the department or the Division of Administrative Hearings shall
  221  incorporate the agreed-upon parenting time plan into the
  222  administrative support order. This paragraph notwithstanding,
  223  the department and the Division of Administrative Hearings may
  224  make findings of fact that are necessary for a proper
  225  determination of a parent’s support obligation as authorized by
  226  this section.
  227         (f)(c) If there is no support order for a child in a Title
  228  IV-D case whose paternity has been established or is presumed by
  229  law, or whose paternity is the subject of a proceeding under s.
  230  409.256, the department may establish a parent’s child support
  231  obligation pursuant to this section, s. 61.30, and other
  232  relevant provisions of state law. The administrative support
  233  order must include a parenting time plan or Title IV-D Standard
  234  Parenting Time Plan as agreed to and signed by both parents. The
  235  parent’s obligation determined by the department may include any
  236  obligation to pay retroactive support and any obligation to
  237  provide for health care for a child, whether through insurance
  238  coverage, reimbursement of expenses, or both. The department may
  239  proceed on behalf of:
  240         1. An applicant or recipient of public assistance, as
  241  provided by ss. 409.2561 and 409.2567;
  242         2. A former recipient of public assistance, as provided by
  243  s. 409.2569;
  244         3. An individual who has applied for services as provided
  245  by s. 409.2567;
  246         4. Itself or the child, as provided by s. 409.2561; or
  247         5. A state or local government of another state, as
  248  provided by chapter 88.
  249         (g)(d) Either parent, or a caregiver if applicable, may at
  250  any time file a civil action in a circuit court having
  251  jurisdiction and proper venue to determine parental support
  252  obligations, if any. A support order issued by a circuit court
  253  prospectively supersedes an administrative support order
  254  rendered by the department.
  255         (h)(e) Pursuant to paragraph (e) (b), neither the
  256  department nor the Division of Administrative Hearings has
  257  jurisdiction to award or change child custody or rights of
  258  parental contact. The department or the Division of
  259  Administrative Hearings shall incorporate a parenting time plan
  260  or Title IV-D Standard Parenting Time Plan as agreed to and
  261  signed by both parents into the administrative support order.
  262  Either parent may at any time file a civil action in a circuit
  263  having jurisdiction and proper venue for a determination of
  264  child custody and rights of parental contact.
  265         (i)(f) The department shall terminate the administrative
  266  proceeding and file an action in circuit court to determine
  267  support if within 20 days after receipt of the initial notice
  268  the parent from whom support is being sought requests in writing
  269  that the department proceed in circuit court or states in
  270  writing his or her intention to address issues concerning time
  271  sharing or rights to parental contact in court and if within 10
  272  days after receipt of the department’s petition and waiver of
  273  service the parent from whom support is being sought signs and
  274  returns the waiver of service form to the department.
  275         (j)(g) The notices and orders issued by the department
  276  under this section shall be written clearly and plainly.
  277         (4) NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
  278  SUPPORT ORDER.—To commence a proceeding under this section, the
  279  department shall provide to the parent from whom support is not
  280  being sought and serve the parent from whom support is being
  281  sought with a notice of proceeding to establish administrative
  282  support order, a copy of the Title IV-D Standard Parenting Time
  283  Plan, and a blank financial affidavit form. The notice must
  284  state:
  285         (a) The names of both parents, the name of the caregiver,
  286  if any, and the name and date of birth of the child or children;
  287         (b) That the department intends to establish an
  288  administrative support order as defined in this section;
  289         (c) That the department will incorporate a parenting time
  290  plan or Title IV-D Standard Parenting Time Plan, as agreed to
  291  and signed by both parents, into the administrative support
  292  order;
  293         (d)(c) That both parents must submit a completed financial
  294  affidavit to the department within 20 days after receiving the
  295  notice, as provided by paragraph (13)(a);
  296         (e)(d) That both parents, or parent and caregiver if
  297  applicable, are required to furnish to the department
  298  information regarding their identities and locations, as
  299  provided by paragraph (13)(b);
  300         (f)(e) That both parents, or parent and caregiver if
  301  applicable, are required to promptly notify the department of
  302  any change in their mailing addresses to ensure receipt of all
  303  subsequent pleadings, notices, and orders, as provided by
  304  paragraph (13)(c);
  305         (g)(f) That the department will calculate support
  306  obligations based on the child support guidelines schedule in s.
  307  61.30 and using all available information, as provided by
  308  paragraph (5)(a), and will incorporate such obligations into a
  309  proposed administrative support order;
  310         (h)(g) That the department will send by regular mail to
  311  both parents, or parent and caregiver if applicable, a copy of
  312  the proposed administrative support order, the department’s
  313  child support worksheet, and any financial affidavits submitted
  314  by a parent or prepared by the department;
  315         (i)(h) That the parent from whom support is being sought
  316  may file a request for a hearing in writing within 20 days after
  317  the date of mailing or other service of the proposed
  318  administrative support order or will be deemed to have waived
  319  the right to request a hearing;
  320         (j)(i) That if the parent from whom support is being sought
  321  does not file a timely request for hearing after service of the
  322  proposed administrative support order, the department will issue
  323  an administrative support order that incorporates the findings
  324  of the proposed administrative support order, and any agreed
  325  upon parenting time plan. The department will send by regular
  326  mail a copy of the administrative support order and any
  327  incorporated parenting time plan to both parents, or parent and
  328  caregiver if applicable;
  329         (k)(j) That after an administrative support order is
  330  rendered incorporating any agreed-upon parenting time plan, the
  331  department will file a copy of the order with the clerk of the
  332  circuit court;
  333         (l)(k) That after an administrative support order is
  334  rendered, the department may enforce the administrative support
  335  order by any lawful means. The department does not have
  336  jurisdiction to enforce any parenting time plan that is
  337  incorporated into an administrative support order;
  338         (m)(l) That either parent, or caregiver if applicable, may
  339  file at any time a civil action in a circuit court having
  340  jurisdiction and proper venue to determine parental support
  341  obligations, if any, and that a support order issued by a
  342  circuit court supersedes an administrative support order
  343  rendered by the department;
  344         (n)(m) That neither the department nor the Division of
  345  Administrative Hearings has jurisdiction to award or change
  346  child custody or rights of parental contact or time-sharing, and
  347  these issues may be addressed only in circuit court. The
  348  department or the Division of Administrative Hearings may
  349  incorporate, if agreed to and signed by both parents, a
  350  parenting time plan or Title IV-D Standard Parenting Time Plan
  351  when the administrative support order is established.
  352         1. The parent from whom support is being sought may request
  353  in writing that the department proceed in circuit court to
  354  determine his or her support obligations.
  355         2. The parent from whom support is being sought may state
  356  in writing to the department his or her intention to address
  357  issues concerning custody or rights to parental contact in
  358  circuit court.
  359         3. If the parent from whom support is being sought submits
  360  the request authorized in subparagraph 1., or the statement
  361  authorized in subparagraph 2. to the department within 20 days
  362  after the receipt of the initial notice, the department shall
  363  file a petition in circuit court for the determination of the
  364  parent’s child support obligations, and shall send to the parent
  365  from whom support is being sought a copy of its petition, a
  366  notice of commencement of action, and a request for waiver of
  367  service of process as provided in the Florida Rules of Civil
  368  Procedure.
  369         4. If, within 10 days after receipt of the department’s
  370  petition and waiver of service, the parent from whom support is
  371  being sought signs and returns the waiver of service form to the
  372  department, the department shall terminate the administrative
  373  proceeding without prejudice and proceed in circuit court.
  374         5. In any circuit court action filed by the department
  375  pursuant to this paragraph or filed by a parent from whom
  376  support is being sought or other person pursuant to paragraph
  377  (m) (l) or paragraph (o) (n), the department shall be a party
  378  only with respect to those issues of support allowed and
  379  reimbursable under Title IV-D of the Social Security Act. It is
  380  the responsibility of the parent from whom support is being
  381  sought or other person to take the necessary steps to present
  382  other issues for the court to consider;.
  383         (o)(n) That if the parent from whom support is being sought
  384  files an action in circuit court and serves the department with
  385  a copy of the petition within 20 days after being served notice
  386  under this subsection, the administrative process ends without
  387  prejudice and the action must proceed in circuit court; and
  388         (p)(o) Information provided by the Office of State Courts
  389  Administrator concerning the availability and location of self
  390  help programs for those who wish to file an action in circuit
  391  court but who cannot afford an attorney.
  392  
  393  The department may serve the notice of proceeding to establish
  394  an administrative support order and agreed-upon parenting time
  395  plan or Title IV-D Standard Parenting Time Plan by certified
  396  mail, restricted delivery, return receipt requested.
  397  Alternatively, the department may serve the notice by any means
  398  permitted for service of process in a civil action. For purposes
  399  of this section, an authorized employee of the department may
  400  serve the notice and execute an affidavit of service. Service by
  401  certified mail is completed when the certified mail is received
  402  or refused by the addressee or by an authorized agent as
  403  designated by the addressee in writing. If a person other than
  404  the addressee signs the return receipt, the department shall
  405  attempt to reach the addressee by telephone to confirm whether
  406  the notice was received, and the department shall document any
  407  telephonic communications. If someone other than the addressee
  408  signs the return receipt, the addressee does not respond to the
  409  notice, and the department is unable to confirm that the
  410  addressee has received the notice, service is not completed and
  411  the department shall attempt to have the addressee served
  412  personally. The department shall provide the parent from whom
  413  support is not being sought or the caregiver with a copy of the
  414  notice by regular mail to the last known address of the parent
  415  from whom support is not being sought or caregiver.
  416         (5) PROPOSED ADMINISTRATIVE SUPPORT ORDER.—
  417         (a) After serving notice upon a parent in accordance with
  418  subsection (4), the department shall calculate that parent’s
  419  child support obligation under the child support guidelines
  420  schedule as provided by s. 61.30, based on any timely financial
  421  affidavits received and other information available to the
  422  department. If either parent fails to comply with the
  423  requirement to furnish a financial affidavit, the department may
  424  proceed on the basis of information available from any source,
  425  if such information is sufficiently reliable and detailed to
  426  allow calculation of guideline schedule amounts under s. 61.30.
  427  If a parent receives public assistance and fails to submit a
  428  financial affidavit, the department may submit a financial
  429  affidavit or written declaration for that parent pursuant to s.
  430  61.30(15). If there is a lack of sufficient reliable information
  431  concerning a parent’s actual earnings for a current or past
  432  period, it shall be presumed for the purpose of establishing a
  433  support obligation that the parent had an earning capacity equal
  434  to the federal minimum wage during the applicable period.
  435         (b) The department shall send by regular mail to both
  436  parents, or to a parent and caregiver if applicable, copies of
  437  the proposed administrative support order, a copy of the Title
  438  IV-D Standard Parenting Time Plan, its completed child support
  439  worksheet, and any financial affidavits submitted by a parent or
  440  prepared by the department. The proposed administrative support
  441  order must contain the same elements as required for an
  442  administrative support order under paragraph (7)(e).
  443         (c) The department shall provide a notice of rights with
  444  the proposed administrative support order, which notice must
  445  inform the parent from whom support is being sought that:
  446         1. The parent from whom support is being sought may, within
  447  20 days after the date of mailing or other service of the
  448  proposed administrative support order, request a hearing by
  449  filing a written request for hearing in a form and manner
  450  specified by the department;
  451         2. If the parent from whom support is being sought files a
  452  timely request for a hearing, the case shall be transferred to
  453  the Division of Administrative Hearings, which shall conduct
  454  further proceedings and may enter an administrative support
  455  order;
  456         3. A parent from whom support is being sought who fails to
  457  file a timely request for a hearing shall be deemed to have
  458  waived the right to a hearing, and the department may render an
  459  administrative support order pursuant to paragraph (7)(b);
  460         4. The parent from whom support is being sought may consent
  461  in writing to entry of an administrative support order without a
  462  hearing;
  463         5. The parent from whom support is being sought may, within
  464  10 days after the date of mailing or other service of the
  465  proposed administrative support order, contact a department
  466  representative, at the address or telephone number specified in
  467  the notice, to informally discuss the proposed administrative
  468  support order and, if informal discussions are requested timely,
  469  the time for requesting a hearing will be extended until 10 days
  470  after the department notifies the parent that the informal
  471  discussions have been concluded; and
  472         6. If an administrative support order that establishes a
  473  parent’s support obligation and incorporates either a parenting
  474  time plan or Title IV-D Standard Parenting Time Plan agreed to
  475  and signed by both parents is rendered, whether after a hearing
  476  or without a hearing, the department may enforce the
  477  administrative support order by any lawful means. The department
  478  does not have the jurisdiction or authority to enforce a
  479  parenting time plan.
  480         (d) If, after serving the proposed administrative support
  481  order but before a final administrative support order is
  482  rendered, the department receives additional information that
  483  makes it necessary to amend the proposed administrative support
  484  order, it shall prepare an amended proposed administrative
  485  support order, with accompanying amended child support
  486  worksheets and other material necessary to explain the changes,
  487  and follow the same procedures set forth in paragraphs (b) and
  488  (c).
  489         (7) ADMINISTRATIVE SUPPORT ORDER.—
  490         (a) If a hearing is held, the administrative law judge of
  491  the Division of Administrative Hearings shall issue an
  492  administrative support order that will include a parenting time
  493  plan or Title IV-D Standard Parenting Time Plan agreed to and
  494  signed by both parents, or a final order denying an
  495  administrative support order, which constitutes final agency
  496  action by the department. The Division of Administrative
  497  Hearings shall transmit any such order to the department for
  498  filing and rendering.
  499         (b) If the parent from whom support is being sought does
  500  not file a timely request for a hearing, the parent will be
  501  deemed to have waived the right to request a hearing.
  502         (c) If the parent from whom support is being sought waives
  503  the right to a hearing, or consents in writing to the entry of
  504  an order without a hearing, the department may render an
  505  administrative support order that will include a parenting time
  506  plan or Title IV-D Standard Parenting Time Plan agreed to and
  507  signed by both parents.
  508         (d) The department shall send by regular mail a copy of the
  509  administrative support order that will include a parenting time
  510  plan or Title IV-D Standard Parenting Time Plan agreed to and
  511  signed by both parents, or the final order denying an
  512  administrative support order, to both parents, or a parent and
  513  caregiver if applicable. The parent from whom support is being
  514  sought shall be notified of the right to seek judicial review of
  515  the administrative support order in accordance with s. 120.68.
  516         (e) An administrative support order must comply with ss.
  517  61.13(1) and 61.30. The department shall develop a standard form
  518  or forms for administrative support orders. An administrative
  519  support order must provide and state findings, if applicable,
  520  concerning:
  521         1. The full name and date of birth of the child or
  522  children;
  523         2. The name of the parent from whom support is being sought
  524  and the other parent or caregiver;
  525         3. The parent’s duty and ability to provide support;
  526         4. The amount of the parent’s monthly support obligation;
  527         5. Any obligation to pay retroactive support;
  528         6. The parent’s obligation to provide for the health care
  529  needs of each child, whether through health insurance,
  530  contribution toward the cost of health insurance, payment or
  531  reimbursement of health care expenses for the child, or any
  532  combination thereof;
  533         7. The beginning date of any required monthly payments and
  534  health insurance;
  535         8. That all support payments ordered must be paid to the
  536  Florida State Disbursement Unit as provided by s. 61.1824;
  537         9. That the parents, or caregiver if applicable, must file
  538  with the department when the administrative support order is
  539  rendered, if they have not already done so, and update as
  540  appropriate the information required pursuant to paragraph
  541  (13)(b);
  542         10. That both parents, or parent and caregiver if
  543  applicable, are required to promptly notify the department of
  544  any change in their mailing addresses pursuant to paragraph
  545  (13)(c); and
  546         11. That if the parent ordered to pay support receives
  547  reemployment assistance or unemployment compensation benefits,
  548  the payor shall withhold, and transmit to the department, 40
  549  percent of the benefits for payment of support, not to exceed
  550  the amount owed.
  551  
  552  An income deduction order as provided by s. 61.1301 must be
  553  incorporated into the administrative support order or, if not
  554  incorporated into the administrative support order, the
  555  department or the Division of Administrative Hearings shall
  556  render a separate income deduction order.
  557         Section 5. Section 409.25633, Florida Statutes, is created
  558  to read:
  559         409.25633Title IV-D Standard Parenting Time Plans.—The
  560  best interest of the child is the primary consideration of the
  561  parenting plan and special consideration should be given to the
  562  age and needs of each child. There is no presumption for or
  563  against the father or mother of the child or for or against any
  564  specific time-sharing schedule when a parenting time plan is
  565  created.
  566         (1) A Title IV-D Standard Parenting Time Plan shall be
  567  presented to the parents in any administrative action taken by
  568  the Title IV-D program to establish or modify child support or
  569  to determine paternity. If the parents agree to the Title IV-D
  570  Standard Parenting Time Plan or to another parenting time plan,
  571  the plan must be signed by the parents and incorporated into the
  572  administrative order. If the parents do not agree to a Title IV
  573  D Standard Parenting Time Plan or if an agreed-upon parenting
  574  time plan is not included, the Department of Revenue must enter
  575  an administrative support order and refer the parents to the
  576  court of appropriate jurisdiction to establish a parenting time
  577  plan. The department must note on the referral that an
  578  administrative support order has been entered. If a parenting
  579  time plan is not included in the administrative support order
  580  entered pursuant to s. 409.2563, the department must provide
  581  information to the parents on the process to establish such a
  582  plan.
  583         (2) The parent who owes support is entitled to parenting
  584  time with the child. If the parents do not have a signed,
  585  agreed-upon parenting time plan, the following Title IV-D
  586  Standard Parenting Time Plan must be incorporated into an
  587  administrative support order if agreed to and signed by the
  588  parents:
  589         (a) Every other weekend.—The second and fourth full weekend
  590  of the month from 6 p.m. on Friday through 6 p.m. on Sunday. The
  591  weekends may begin upon the child’s release from school on
  592  Friday and end on Sunday at 6 p.m. or when the child returns to
  593  school on Monday morning. The weekend time may be extended by
  594  holidays that fall on Friday or Monday;
  595         (b) One evening per week.—One weekday beginning at 6 p.m.
  596  and ending at 8 p.m. or, if both parents agree, from when the
  597  child is released from school until 8 p.m.;
  598         (c) Thanksgiving break.—In even-numbered years, the
  599  Thanksgiving break from 6 p.m. on the Wednesday before
  600  Thanksgiving until 6 p.m. on the Sunday following Thanksgiving.
  601  If both parents agree, the Thanksgiving break parenting time may
  602  begin upon the child’s release from school and end upon the
  603  child’s return to school the following Monday;
  604         (d) Winter break.—In odd-numbered years, the first half of
  605  winter break, from the child’s release from school, beginning at
  606  6 p.m. or, if both parents agree, upon the child’s release from
  607  school, until noon on December 26. In even-numbered years, the
  608  second half of winter break from noon on December 26 until 6
  609  p.m. on the day before school resumes or, if both parents agree,
  610  upon the child’s return to school;
  611         (e) Spring break.—In even-numbered years, the week of
  612  spring break from 6 p.m. the day the child is released from
  613  school until 6 p.m. the night before school resumes. If both
  614  parents agree, the spring break parenting time may begin upon
  615  the child’s release from school and end upon the child’s return
  616  to school the following Monday; and
  617         (f) Summer break.—For 2 weeks in the summer beginning at 6
  618  p.m. the first Sunday following the last day of school.
  619         (3) In the event the parents have not agreed on a parenting
  620  schedule at the time of the child support hearing, the
  621  department shall enter an administrative support order and refer
  622  the parents to a court of appropriate jurisdiction for the
  623  establishment of a parenting time plan.
  624         (4) The Title IV-D Standard Parenting Time Plan is not
  625  intended for the use by, and may not be provided to, parents and
  626  families with domestic or family violence concerns.
  627         (5) If, after the incorporation of an agreed-upon parenting
  628  time plan into an administrative support order, a parent becomes
  629  concerned about the safety of the child during the child’s time
  630  with the other parent, a modification of the parenting time plan
  631  may be sought through a court of appropriate jurisdiction.
  632         (6) The department shall create and provide a form for a
  633  petition to establish a parenting time plan for parents who have
  634  not agreed on a parenting schedule at the time of the child
  635  support hearing. The department shall provide the form to the
  636  parents, but may not file the petition or represent either
  637  parent at the hearing.
  638         (7) The parents may not be required to pay a fee to file
  639  the petition to establish a parenting plan.
  640         (8) The department may adopt rules to implement and
  641  administer this section.
  642         Section 6. Subsections (1) and (2) of section 409.2564,
  643  Florida Statutes, are amended to read:
  644         409.2564 Actions for support.—
  645         (1) In each case in which regular support payments are not
  646  being made as provided herein, the department shall institute,
  647  within 30 days after determination of the obligor’s reasonable
  648  ability to pay, action as is necessary to secure the obligor’s
  649  payment of current support, and any arrearage that which may
  650  have accrued under an existing order of support, and, if a
  651  parenting time plan was not incorporated into the existing order
  652  of support, include either a signed, agreed-upon parenting time
  653  plan or a signed Title IV-D Standard Parenting Time Plan, if
  654  appropriate. The department shall notify the program attorney in
  655  the judicial circuit in which the recipient resides setting
  656  forth the facts in the case, including the obligor’s address, if
  657  known, and the public assistance case number. Whenever
  658  applicable, the procedures established under the provisions of
  659  chapter 88, Uniform Interstate Family Support Act, chapter 61,
  660  Dissolution of Marriage; Support; Time-sharing, chapter 39,
  661  Proceedings Relating to Children, chapter 984, Children and
  662  Families in Need of Services, and chapter 985, Delinquency;
  663  Interstate Compact on Juveniles, may govern actions instituted
  664  under the provisions of this act, except that actions for
  665  support under chapter 39, chapter 984, or chapter 985 brought
  666  pursuant to this act shall not require any additional
  667  investigation or supervision by the department.
  668         (2) The order for support entered pursuant to an action
  669  instituted by the department under the provisions of subsection
  670  (1) shall require that the support payments be made periodically
  671  to the department through the depository. An order for support
  672  entered under subsection (1) must include either a signed,
  673  agreed-upon parenting time plan or a signed Title IV-D Standard
  674  Parenting Time Plan, if appropriate. Upon receipt of a payment
  675  made by the obligor pursuant to any order of the court, the
  676  depository shall transmit the payment to the department within 2
  677  working days, except those payments made by personal check which
  678  shall be disbursed in accordance with s. 61.181. Upon request,
  679  the depository shall furnish to the department a certified
  680  statement of all payments made by the obligor. Such statement
  681  shall be provided by the depository at no cost to the
  682  department.
  683         Section 7. Paragraph (g) of subsection (2) and paragraph
  684  (a) of subsection (4) of section 409.256, Florida Statutes, are
  685  amended to read:
  686         409.256 Administrative proceeding to establish paternity or
  687  paternity and child support; order to appear for genetic
  688  testing.—
  689         (2) JURISDICTION; LOCATION OF HEARINGS; RIGHT OF ACCESS TO
  690  THE COURTS.—
  691         (g) Section 409.2563(2)(h), (i), and (j) 409.2563(2)(e),
  692  (f), and (g) apply to a proceeding under this section.
  693         (4) NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR
  694  PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC
  695  TESTING; MANNER OF SERVICE; CONTENTS.—The Department of Revenue
  696  shall commence a proceeding to determine paternity, or a
  697  proceeding to determine both paternity and child support, by
  698  serving the respondent with a notice as provided in this
  699  section. An order to appear for genetic testing may be served at
  700  the same time as a notice of the proceeding or may be served
  701  separately. A copy of the affidavit or written declaration upon
  702  which the proceeding is based shall be provided to the
  703  respondent when notice is served. A notice or order to appear
  704  for genetic testing shall be served by certified mail,
  705  restricted delivery, return receipt requested, or in accordance
  706  with the requirements for service of process in a civil action.
  707  Service by certified mail is completed when the certified mail
  708  is received or refused by the addressee or by an authorized
  709  agent as designated by the addressee in writing. If a person
  710  other than the addressee signs the return receipt, the
  711  department shall attempt to reach the addressee by telephone to
  712  confirm whether the notice was received, and the department
  713  shall document any telephonic communications. If someone other
  714  than the addressee signs the return receipt, the addressee does
  715  not respond to the notice, and the department is unable to
  716  confirm that the addressee has received the notice, service is
  717  not completed and the department shall attempt to have the
  718  addressee served personally. For purposes of this section, an
  719  employee or an authorized agent of the department may serve the
  720  notice or order to appear for genetic testing and execute an
  721  affidavit of service. The department may serve an order to
  722  appear for genetic testing on a caregiver. The department shall
  723  provide a copy of the notice or order to appear by regular mail
  724  to the mother and caregiver, if they are not respondents.
  725         (a) A notice of proceeding to establish paternity must
  726  state:
  727         1. That the department has commenced an administrative
  728  proceeding to establish whether the putative father is the
  729  biological father of the child named in the notice.
  730         2. The name and date of birth of the child and the name of
  731  the child’s mother.
  732         3. That the putative father has been named in an affidavit
  733  or written declaration that states the putative father is or may
  734  be the child’s biological father.
  735         4. That the respondent is required to submit to genetic
  736  testing.
  737         5. That genetic testing will establish either a high degree
  738  of probability that the putative father is the biological father
  739  of the child or that the putative father cannot be the
  740  biological father of the child.
  741         6. That if the results of the genetic test do not indicate
  742  a statistical probability of paternity that equals or exceeds 99
  743  percent, the paternity proceeding in connection with that child
  744  shall cease unless a second or subsequent test is required.
  745         7. That if the results of the genetic test indicate a
  746  statistical probability of paternity that equals or exceeds 99
  747  percent, the department may:
  748         a. Issue a proposed order of paternity that the respondent
  749  may consent to or contest at an administrative hearing; or
  750         b. Commence a proceeding, as provided in s. 409.2563, to
  751  establish an administrative support order for the child. Notice
  752  of the proceeding shall be provided to the respondent by regular
  753  mail.
  754         8. That, if the genetic test results indicate a statistical
  755  probability of paternity that equals or exceeds 99 percent and a
  756  proceeding to establish an administrative support order is
  757  commenced, the department shall issue a proposed order that
  758  addresses paternity and child support. The respondent may
  759  consent to or contest the proposed order at an administrative
  760  hearing.
  761         9. That if a proposed order of paternity or proposed order
  762  of both paternity and child support is not contested, the
  763  department shall adopt the proposed order and render a final
  764  order that establishes paternity and, if appropriate, an
  765  administrative support order for the child.
  766         10. That, until the proceeding is ended, the respondent
  767  shall notify the department in writing of any change in the
  768  respondent’s mailing address and that the respondent shall be
  769  deemed to have received any subsequent order, notice, or other
  770  paper mailed to the most recent address provided or, if a more
  771  recent address is not provided, to the address at which the
  772  respondent was served, and that this requirement continues if
  773  the department renders a final order that establishes paternity
  774  and a support order for the child.
  775         11. That the respondent may file an action in circuit court
  776  for a determination of paternity, child support obligations, or
  777  both.
  778         12. That if the respondent files an action in circuit court
  779  and serves the department with a copy of the petition or
  780  complaint within 20 days after being served notice under this
  781  subsection, the administrative process ends without prejudice
  782  and the action must proceed in circuit court.
  783         13. That, if paternity is established, the putative father
  784  may file a petition in circuit court for a determination of
  785  matters relating to custody and rights of parental contact.
  786  
  787  A notice under this paragraph must also notify the respondent of
  788  the provisions in s. 409.2563(4)(n) and (p) s. 409.2563(4)(m)
  789  and (o).
  790         Section 8. Subsection (5) of section 409.2572, Florida
  791  Statutes, is amended to read:
  792         409.2572 Cooperation.—
  793         (5) As used in this section only, the term “applicant for
  794  or recipient of public assistance for a dependent child” refers
  795  to such applicants and recipients of public assistance as
  796  defined in s. 409.2554(12) s. 409.2554(8), with the exception of
  797  applicants for or recipients of Medicaid solely for the benefit
  798  of a dependent child.
  799         Section 9. The Department of Revenue shall report to the
  800  Governor, the President of the Senate, and the Speaker of the
  801  House of Representatives by December 31, 2018, on the status of
  802  the implementation of this act, including the number of
  803  parenting plans entered with administrative support orders and
  804  the number of parents referred to the circuit court to determine
  805  a parenting plan. The report must include recommendations to
  806  facilitate further implementation of this act.
  807         Section 10. For the 2017-2018 fiscal year, the sums of
  808  $350,476 in recurring funds and $690,650 in nonrecurring funds
  809  are appropriated from the General Revenue Fund to the Department
  810  of Revenue for the purpose of implementing this act.
  811         Section 11. This act shall take effect January 1, 2018.