Florida Senate - 2021                             CS for SB 1532
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Book
       
       
       
       
       586-02621-21                                          20211532c1
    1                        A bill to be entitled                      
    2         An act relating to child support; amending s. 61.13,
    3         F.S.; revising requirements for child support
    4         depositories in Title IV-D cases; requiring the
    5         depositories to transmit case data through and set up
    6         appropriate payment accounts in the Clerk of the Court
    7         Child Support Enforcement Collection System upon
    8         certain notice from the Department of Revenue;
    9         amending s. 61.1354, F.S.; revising provisions related
   10         to the sharing of information between consumer
   11         reporting agencies and the department; requiring
   12         consumer reports to be kept confidential and used only
   13         for specified purposes; amending s. 61.30, F.S.;
   14         prohibiting the treatment of incarceration as
   15         voluntary unemployment for purposes of establishing or
   16         modifying child support orders, with exceptions;
   17         providing that certain social security benefits are
   18         included in a parent’s gross income; authorizing
   19         certain social security benefits paid to be applied as
   20         a credit for purposes of monthly support obligations;
   21         providing requirements for such credit; providing
   22         procedures for a parent to seek application of such
   23         credit; amending s. 409.256, F.S.; revising the
   24         definition of the term “rendered”; amending s.
   25         409.2563, F.S.; revising the definition of the term
   26         “rendered”; deleting a requirement that a certain
   27         order filed by the department be a certified copy of
   28         the order; amending s. 409.25656, F.S.; authorizing
   29         the department to deliver certain notices by secure
   30         electronic means under certain circumstances; amending
   31         s. 409.25658, F.S.; revising provisions related to the
   32         department’s joint efforts with the Department of
   33         Financial Services to use unclaimed property for past
   34         due child support; amending s. 409.2567, F.S.;
   35         authorizing the department to include confidential and
   36         exempt information in unencrypted electronic mail
   37         communications with parents, caregivers, or other
   38         authorized persons under certain circumstances, with
   39         exceptions; amending s. 409.2576, F.S.; requiring
   40         service recipients to report certain information to
   41         the State Directory of New Hires; defining the term
   42         “service recipient”; providing reporting requirements
   43         for service recipients; conforming provisions to
   44         changes made by the act; providing an effective date.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Paragraph (d) of subsection (1) of section
   49  61.13, Florida Statutes, is amended to read:
   50         61.13 Support of children; parenting and time-sharing;
   51  powers of court.—
   52         (1)
   53         (d)1. All child support orders shall provide the full name
   54  and date of birth of each minor child who is the subject of the
   55  child support order.
   56         2. If both parties request and the court finds that it is
   57  in the best interest of the child, support payments need not be
   58  subject to immediate income deduction. Support orders that are
   59  not subject to immediate income deduction may be directed
   60  through the depository under s. 61.181 or made payable directly
   61  to the obligee. Payments made by immediate income deduction
   62  shall be made to the State Disbursement Unit. The court shall
   63  provide a copy of the order to the depository.
   64         3. For support orders payable directly to the obligee, any
   65  party, or the department in a IV-D case, may subsequently file
   66  an affidavit with the depository alleging a default in payment
   67  of child support and stating that the party wishes to require
   68  that payments be made through the depository. The party shall
   69  provide copies of the affidavit to the court and to each other
   70  party. Fifteen days after receipt of the affidavit, the
   71  depository shall notify all parties that future payments shall
   72  be paid through the depository, except that payments in Title
   73  IV-D cases and income deduction payments shall be made to the
   74  State Disbursement Unit. In Title IV-D cases, an affidavit of
   75  default or a default in payments is not required to receive
   76  depository services. Upon notice by the department that it is
   77  providing Title IV-D services in a case with an existing support
   78  order, the depository shall transmit case data through, and set
   79  up appropriate payment accounts in, regardless of whether there
   80  is a delinquency, the Clerk of the Court Child Support
   81  Enforcement Collection System as required under s. 61.181(2)(b).
   82         Section 2. Subsection (3) of section 61.1354, Florida
   83  Statutes, is amended to read:
   84         61.1354 Sharing of information between consumer reporting
   85  agencies and the IV-D agency.—
   86         (3) A consumer reporting agency For purposes of determining
   87  an individual’s income and establishing an individual’s capacity
   88  to make support payments or for determining the appropriate
   89  amount of child support payment to be made by the individual,
   90  consumer reporting agencies shall provide, upon request,
   91  consumer reports to the department head of the IV-D agency
   92  pursuant to s. 604 of the Fair Credit Reporting Act, provided
   93  that the department head of the IV-D agency, or its designee,
   94  certifies that:
   95         (a) The consumer report is needed for the purpose of
   96  determining an individual’s income and establishing an
   97  individual’s capacity to make support payments, or determining
   98  the appropriate level of support payments, or enforcing a child
   99  support order, award, agreement, or judgment amount of child
  100  support payment to be made by the individual;
  101         (b) The consumer’s parentage of the child to whom the
  102  obligation relates has been established or acknowledged by the
  103  consumer in accordance with state laws under which the
  104  obligation arises Paternity of the child of the individual whose
  105  report is sought, if that individual is the father of the child,
  106  has been established or acknowledged pursuant to the laws of
  107  Florida;
  108         (c) The individual whose report is sought was provided with
  109  at least 15 days’ prior notice, by regular certified or
  110  registered mail to the individual’s last known address, that the
  111  report was requested; and
  112         (d) The consumer report will be kept confidential, will be
  113  used solely for the purpose described in paragraph (a), and will
  114  not be used in connection with any other civil, administrative,
  115  or criminal proceeding or for any other purpose.
  116         Section 3. Present paragraph (c) of subsection (2) of
  117  section 61.30, Florida Statutes, is redesignated as paragraph
  118  (e), new paragraphs (c) and (d) are added to that subsection,
  119  and subsection (10) of that section is amended, to read:
  120         61.30 Child support guidelines; retroactive child support.—
  121         (2) Income shall be determined on a monthly basis for each
  122  parent as follows:
  123         (c)Except for incarceration for willful nonpayment of
  124  child support or for an offense against a child or person who is
  125  owed child support, incarceration may not be treated as
  126  voluntary unemployment in establishing or modifying a support
  127  order. However, the court may deviate from the child support
  128  guideline amount as provided in paragraph (1)(a).
  129         (d)Social security benefits received by a minor child due
  130  to the retirement or disability of the child’s parent shall be
  131  included in the parent’s gross income.
  132         (10)(a) Each parent’s actual dollar share of the total
  133  minimum child support need shall be determined by multiplying
  134  the minimum child support need by each parent’s percentage share
  135  of the combined monthly net income.
  136         (b)1.A parent is entitled to credit for social security
  137  benefits paid directly to the child or the child’s caregiver
  138  when the benefits are paid due to the parent’s retirement or
  139  disability. The parent’s share of the monthly support obligation
  140  is paid in full each month for which such benefits are paid that
  141  are equal to or greater than the parent’s share of the monthly
  142  obligation. If the benefits are less than the parent’s share of
  143  the monthly obligation, the parent owes the difference. If the
  144  benefits are more than the parent’s share of the monthly
  145  obligation, the excess inures to the benefit of the child and
  146  may not be credited to arrears or retroactive support that
  147  accrued before the benefits commenced.
  148         2.To obtain credit for social security benefits paid, a
  149  parent subject to a court order for child support, or the
  150  department in a Title IV-D case, may file a motion with the
  151  court or include the request in a petition to modify the support
  152  order. Alternatively, in a Title IV-D case, the department may
  153  determine and apply credit after notice and an opportunity for a
  154  hearing are provided in accordance with chapter 120. If the
  155  department determines that a credit applies, the department
  156  shall notify the clerk of court, and the clerk shall update the
  157  payment record to reflect the credit.
  158         Section 4. Paragraph (i) of subsection (1) of section
  159  409.256, Florida Statutes, is amended to read:
  160         409.256 Administrative proceeding to establish paternity or
  161  paternity and child support; order to appear for genetic
  162  testing.—
  163         (1) DEFINITIONS.—As used in this section, the term:
  164         (i) “Rendered” means that a signed written order is issued
  165  by filed with the clerk or a deputy clerk of the Department of
  166  Revenue and served on the respondent. The date of filing must be
  167  indicated on the face of the order at the time of rendition.
  168         Section 5. Paragraph (e) of subsection (1) and subsection
  169  (8) of section 409.2563, Florida Statutes, are amended to read:
  170         409.2563 Administrative establishment of child support
  171  obligations.—
  172         (1) DEFINITIONS.—As used in this section, the term:
  173         (e) “Rendered” means that a signed written order is issued
  174  by filed with the clerk or any deputy clerk of the department
  175  and served on the respondent. The date of filing must be
  176  indicated on the face of the order at the time of rendition.
  177  
  178  Other terms used in this section have the meanings ascribed in
  179  ss. 61.046 and 409.2554.
  180         (8) FILING WITH THE CLERK OF THE CIRCUIT COURT; OFFICIAL
  181  PAYMENT RECORD; JUDGMENT BY OPERATION OF LAW.—The department
  182  shall file with the clerk of the circuit court a certified copy
  183  of an administrative support order rendered under this section.
  184  The depository operated pursuant to s. 61.181 for the county
  185  where the administrative support order has been filed shall:
  186         (a) Act as the official recordkeeper for payments required
  187  under the administrative support order;
  188         (b) Establish and maintain the necessary payment accounts;
  189         (c) Upon a delinquency, initiate the judgment by operation
  190  of law procedure as provided by s. 61.14(6); and
  191         (d) Perform all other duties required of a depository with
  192  respect to a support order entered by a court of this state.
  193  
  194  When a proceeding to establish an administrative support order
  195  is commenced under subsection (4), the department shall file a
  196  copy of the initial notice with the depository. The depository
  197  shall assign an account number and provide the account number to
  198  the department within 4 business days after the initial notice
  199  is filed.
  200         Section 6. Subsection (4) of section 409.25656, Florida
  201  Statutes, is amended to read:
  202         409.25656 Garnishment.—
  203         (4) A notice that is delivered under this section is
  204  effective at the time of delivery against all credits, other
  205  personal property, or debts of the obligor which are not at the
  206  time of such notice subject to an attachment, garnishment, or
  207  execution issued through a judicial process. Upon express
  208  written consent of a person who is or may be in possession of
  209  personal property belonging to the obligor, the department may
  210  deliver the notices required by this section to that person by
  211  secure electronic means.
  212         Section 7. Section 409.25658, Florida Statutes, is amended
  213  to read:
  214         409.25658 Use of unclaimed property for past due support.—
  215         (1) In a joint effort to facilitate the collection and
  216  payment of past due support, the Department of Revenue, in
  217  cooperation with the Department of Financial Services, shall
  218  identify persons owing support collected by the department
  219  through a court who are presumed to have unclaimed property held
  220  by the Department of Financial Services.
  221         (2) The Department of Financial Services department shall
  222  periodically provide the department of Financial Services with
  223  an electronic file of unclaimed property accounts. The
  224  department shall use the data to identify obligors with
  225  unclaimed property accounts and shall provide the Department of
  226  Financial Services with an electronic data file that includes
  227  the names and other personal identifying information of the
  228  obligors support obligors who owe past due support. The
  229  Department of Financial Services shall conduct a data match of
  230  the file against all apparent owners of unclaimed property under
  231  chapter 717 and provide the resulting match list to the
  232  department.
  233         (3) As the state’s Title IV-D agency under s. 409.2557(1),
  234  the department is authorized to submit claims for unclaimed
  235  property to the Department of Financial Services for the purpose
  236  of collecting past due support and shall do so in accordance
  237  with the standards established by the Department of Financial
  238  Services Upon receipt of the data match list, the department
  239  shall provide to the Department of Financial Services the
  240  obligor’s last known address. The Department of Financial
  241  Services shall follow the notification procedures under s.
  242  717.118.
  243         (4) Before Prior to paying an obligor’s approved claim, the
  244  Department of Financial Services shall notify the department
  245  that such claim has been approved. Upon confirmation that the
  246  Department of Financial Services has approved the claim or a
  247  claim submitted by the department, the department shall
  248  immediately send a notice by regular certified mail to the
  249  obligor, with a copy to the Department of Financial Services,
  250  advising the obligor of the department’s intent to intercept the
  251  property approved claim up to the amount of the past due
  252  support, and informing the obligor of the obligor’s right to
  253  request a hearing under chapter 120. If there is a hearing, the
  254  Department of Financial Services shall retain custody of the
  255  property until a final order has been entered and any appeals
  256  thereon have been concluded. If the obligor fails to request a
  257  hearing, the department shall inform enter a final order
  258  instructing the Department of Financial Services to transfer to
  259  the department the property up to the amount of past due support
  260  owed in the amount stated in the final order. Upon such
  261  transfer, the Department of Financial Services shall be released
  262  from further liability related to the transferred property.
  263         (5) The provisions of This section provides provide a
  264  supplemental remedy, and the department may use this remedy in
  265  conjunction with any other method of collecting support.
  266         Section 8. Subsection (1) of section 409.2567, Florida
  267  Statutes, is amended to read:
  268         409.2567 Services to individuals not otherwise eligible.—
  269         (1)(a) All support services provided by the department
  270  shall be made available on behalf of all dependent children.
  271  Services shall be provided upon acceptance of public assistance
  272  or upon proper application filed with the department. The
  273  federally required application fee for individuals who do not
  274  receive public assistance is $1, which shall be waived for all
  275  applicants and paid by the department. The annual fee required
  276  under 42 U.S.C. s. 654(6)(B), as amended by Pub. L. No. 115-123,
  277  for cases involving an individual who has never received
  278  temporary cash assistance and for whom the department has
  279  collected the federally required minimum amount of support shall
  280  be paid by the department.
  281         (b)The department may include confidential and exempt
  282  information in unencrypted electronic mail communications with a
  283  parent, a caregiver, or any other person who is authorized to
  284  receive the information, provided the parent, caregiver, or
  285  other person consents to such communications, except that social
  286  security numbers, federal tax information, driver license
  287  numbers, and bank account numbers may not be provided in this
  288  manner.
  289         Section 9. Section 409.2576, Florida Statutes, is amended
  290  to read:
  291         409.2576 State Directory of New Hires.—
  292         (1) DIRECTORY CREATED.—The State Directory of New Hires is
  293  hereby created and shall be administered by the Department of
  294  Revenue or its agent. All employers and service recipients in
  295  this the state shall furnish a report consistent with subsection
  296  (3) for each newly hired or rehired employee or individual who
  297  is not an employee but is provided payment for services
  298  rendered, unless the employee or individual is employed by or
  299  under contract with a federal or state agency performing
  300  intelligence or counterintelligence functions and the head of
  301  such agency has determined that reporting pursuant to this
  302  section could endanger the safety of the employee or individual
  303  or compromise an ongoing investigation or intelligence mission.
  304         (2) DEFINITIONS.—For purposes of this section:
  305         (a) “Employee” is defined as an individual who is an
  306  employee within the meaning of chapter 24 of the Internal
  307  Revenue Code of 1986.
  308         (b) “Employer” has the meaning given such term in s.
  309  3401(d) of the Internal Revenue Code of 1986 and includes any
  310  government entity and labor organization.
  311         (c) “Labor organization” has the meaning given such term in
  312  s. 2(5) of the National Labor Relations Act and includes any
  313  entity which is used by the organization and an employer to
  314  carry out requirements described in s. 8(f)(3) of such act of an
  315  agreement between the organization and employer.
  316         (d) “Date of hire” is the first day of work for which the
  317  employee is owed income.
  318         (e)“Service recipient” means a person engaged in a trade
  319  or business who pays an individual for services rendered in the
  320  course of such trade or business.
  321         (3) EMPLOYERS AND SERVICE RECIPIENTS TO FURNISH REPORTS.—
  322         (a) Each employer subject to the reporting requirements of
  323  chapter 443 with 250 or more employees, shall provide to the
  324  State Directory of New Hires, a report listing the employer’s
  325  legal name, address, and reemployment assistance identification
  326  number. The report must also provide the name and social
  327  security number of each new employee or rehired employee at the
  328  end of the first pay period following employment or
  329  reemployment.
  330         (b) All employers shall furnish a report to the State
  331  Directory of New Hires of the state in which the newly hired or
  332  rehired employee works. The report required in this section
  333  shall be made on a W-4 form or, at the option of the employer,
  334  an equivalent form, and can be transmitted magnetically,
  335  electronically, by first-class mail, or other methods which may
  336  be prescribed by the State Directory. Each report shall include
  337  the name, address, date of hire, and social security number of
  338  every new and rehired employee and the name, address, and
  339  federal employer identification number of the reporting
  340  employer. If available, the employer may also include the
  341  employee’s date of birth in the report. Multistate employers
  342  that report new hire information electronically or magnetically
  343  may designate a single state to which it will transmit the above
  344  noted report, provided the employer has employees in that state
  345  and the employer notifies the Secretary of Health and Human
  346  Services in writing to which state the information will be
  347  provided. Agencies of the United States Government shall report
  348  directly to the National Directory of New Hires.
  349         (b)A service recipient shall report to the State Directory
  350  of New Hires an individual who is not an employee in the same
  351  manner as described in paragraph (a) but who the service
  352  recipient, while engaged in a trade or business, pays in an
  353  amount of $600 or more per calendar year for services rendered
  354  in the course of the trade or business. The report must include
  355  the name, address, and social security number or other
  356  identifying number assigned to the individual under section 6109
  357  of the Internal Revenue Code of 1986; the date services for
  358  payment were first rendered by the individual; and the name,
  359  address, and employer identification number of the service
  360  recipient.
  361         (c) Pursuant to the federal Personal Responsibility and
  362  Work Opportunity Reconciliation Act of 1996, each party is
  363  required to provide his or her social security number in
  364  accordance with this section. Disclosure of social security
  365  numbers obtained through this requirement shall be limited to
  366  the purpose of administration of the Title IV-D program for
  367  child support enforcement and those programs listed in
  368  subsection (9).
  369         (4) TIME FOR REPORTS.—
  370         (a) Employers must report new hire information, as
  371  described in subsection (3), within 20 days of the hire date of
  372  the employee, or, in the case of employers that report new hire
  373  information electronically or by magnetic tape, by two monthly
  374  transmissions, if necessary, not less than 12 days nor more than
  375  16 days apart.
  376         (b)Service recipients must report on individuals subject
  377  to reporting under paragraph (3)(b) within 20 days after the
  378  earlier of:
  379         1.The date of the first payment made which requires an
  380  information return in accordance with section 6041A(a) of the
  381  Internal Revenue Code of 1986; or
  382         2.The date on which a contract providing for such payments
  383  is entered into.
  384  
  385  If service recipients report individuals under this paragraph
  386  electronically or by magnetic tape, the reports may be made by
  387  two monthly transmissions, if necessary, but may not be less
  388  than 12 days or more than 16 days apart.
  389         (5) ENTRY OF DATA.—The State Directory of New Hires shall
  390  enter new hire information reported under this section into an
  391  automated database within 5 business days of receipt.
  392         (6) MATCHES TO STATE REGISTRY.—Not later than May 1, 1998,
  393  The Department of Revenue or its agent must conduct automated
  394  matches of the social security numbers of employees reported to
  395  the State Directory of New Hires against the social security
  396  numbers of records in the State Case Registry. The Title IV-D
  397  agency shall use the new hire information received to locate
  398  individuals for the purposes of establishing paternity and
  399  establishing, modifying, and enforcing support obligations.
  400  Private entities under contract with the Title IV-D agency to
  401  provide Title IV-D services may have access to information
  402  obtained from the State Directory of New Hires and must comply
  403  with privacy safeguards.
  404         (7) WAGE WITHHOLDING NOTICE AND NATIONAL MEDICAL SUPPORT
  405  NOTICE.—The department shall transmit a wage withholding notice
  406  consistent with s. 61.1301 and, when appropriate, a national
  407  medical support notice, as defined in s. 61.046, to the
  408  employee’s employer within 2 business days after entry of the
  409  new hire information into the State Directory of New Hires’
  410  database, unless the court has determined that the obligor’s
  411  employee’s wages or other income is are not subject to
  412  withholding or, for purposes of the national medical support
  413  notice, the support order does not contain a provision for the
  414  employee to provide health insurance. The withholding notice
  415  shall direct the employer or other payor of income to withhold
  416  income in accordance with the income deduction order, and the
  417  national medical support notice shall direct the employer to
  418  withhold premiums for health insurance.
  419         (8) PROVIDING INFORMATION TO NATIONAL DIRECTORY.—The State
  420  Directory of New Hires must furnish information regarding newly
  421  hired or rehired employees and other individuals subject to
  422  reporting to the National Directory of New Hires for matching
  423  with the records of other state case registries within 3
  424  business days of entering such information from the employer
  425  into the State Directory of New Hires. The State Directory of
  426  New Hires shall enter into an agreement with the Department of
  427  Economic Opportunity or its tax collection service provider for
  428  the quarterly reporting to the National Directory of New Hires
  429  information on wages and reemployment assistance taken from the
  430  quarterly report to the Secretary of Labor, now required by
  431  Title III of the Social Security Act, except that no report
  432  shall be filed with respect to an employee of a state or local
  433  agency performing intelligence or counterintelligence functions,
  434  if the head of such agency has determined that filing such a
  435  report could endanger the safety of the employee or compromise
  436  an ongoing investigation or intelligence mission.
  437         (9) DISCLOSURE OF INFORMATION.—
  438         (a) New hire Information reported under this section shall
  439  be disclosed to the state agency administering the following
  440  programs for the purposes of determining eligibility under those
  441  programs:
  442         1. Any state program funded under part A of Title IV of the
  443  Social Security Act;
  444         2. The Medicaid program under Title XIX of the Social
  445  Security Act;
  446         3. The reemployment assistance or unemployment compensation
  447  program under s. 3304 of the Internal Revenue Code of 1954;
  448         4. The food assistance program under the Food and Nutrition
  449  Act of 2008; and
  450         5. Any state program under a plan approved under Title I
  451  (Old-Age Assistance for the Aged), Title X (Aid to the Blind),
  452  Title XIV (Aid to the Permanently and Totally Disabled), or
  453  Title XVI (Aid to the Aged, Blind, or Disabled; Supplemental
  454  Security Income for the Aged, Blind, and Disabled) of the Social
  455  Security Act.
  456         (b) New hire Information reported under this section shall
  457  be disclosed to the state agencies operating employment security
  458  and workers’ compensation programs for the purposes of
  459  administering such programs.
  460         Section 10. This act shall take effect October 1, 2021.