Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for HB 5
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Polsky moved the following:
    1         Senate Amendment (with title amendment)
    3         Before line 45
    4  insert:
    5         Section 1. Subsection (1) of section 61.13, Florida
    6  Statutes, is amended to read:
    7         61.13 Support of children; parenting and time-sharing;
    8  powers of court.—
    9         (1)(a) In a proceeding under this chapter, the court may at
   10  any time order either or both parents who owe a duty of support
   11  to a child to pay support to the other parent or, in the case of
   12  both parents, to a third party who has custody in accordance
   13  with the child support guidelines schedule in s. 61.30. Child
   14  support may be ordered under this section for an unborn child
   15  beginning at the gestational age of 15 weeks. If paternity of
   16  the obligor is disputed, the court must await the outcome of the
   17  paternity proceeding before ordering child support payments and
   18  must award child support retroactive to the date when the
   19  gestational age of the unborn child was 15 weeks.
   20         1. All child support orders and income deduction orders
   21  entered on or after October 1, 2010, must provide:
   22         a. For child support to terminate on a child’s 18th
   23  birthday unless the court finds or previously found that s.
   24  743.07(2) applies, or is otherwise agreed to by the parties;
   25         b. A schedule, based on the record existing at the time of
   26  the order, stating the amount of the monthly child support
   27  obligation for all the minor children at the time of the order
   28  and the amount of child support that will be owed for any
   29  remaining children after one or more of the children are no
   30  longer entitled to receive child support; and
   31         c. The month, day, and year that the reduction or
   32  termination of child support becomes effective.
   33         2. The court initially entering an order requiring one or
   34  both parents to make child support payments has continuing
   35  jurisdiction after the entry of the initial order to modify the
   36  amount and terms and conditions of the child support payments if
   37  the modification is found by the court to be in the best
   38  interests of the child; when the child reaches majority; if
   39  there is a substantial change in the circumstances of the
   40  parties; if s. 743.07(2) applies; or when a child is
   41  emancipated, marries, joins the armed services, or dies. For
   42  child support orders involving unborn children, the court must
   43  review and modify, if appropriate, the amount and terms and
   44  conditions of child support payments when the child is born. The
   45  court initially entering a child support order has continuing
   46  jurisdiction to require the obligee to report to the court on
   47  terms prescribed by the court regarding the disposition of the
   48  child support payments.
   49         (b) Each order for support shall contain a provision for
   50  health insurance for the minor child when health insurance is
   51  reasonable in cost and accessible to the child. For child
   52  support orders involving unborn children, the provision for
   53  health insurance must include coverage for the pregnant woman
   54  for the duration of the pregnancy and any related postpartum
   55  care needed immediately after the child is born. Health
   56  insurance is presumed to be reasonable in cost if the
   57  incremental cost of adding health insurance for the child or
   58  children does not exceed 5 percent of the gross income, as
   59  defined in s. 61.30, of the parent responsible for providing
   60  health insurance. Health insurance is accessible to the child if
   61  the health insurance is available to be used in the county of
   62  the child’s primary residence or in another county if the parent
   63  who has the most time under the time-sharing plan agrees. If the
   64  time-sharing plan provides for equal time-sharing, health
   65  insurance is accessible to the child if the health insurance is
   66  available to be used in either county where the child resides or
   67  in another county if both parents agree. The court may require
   68  the obligor to provide health insurance or to reimburse the
   69  obligee for the cost of health insurance for the minor child
   70  when insurance is provided by the obligee. The presumption of
   71  reasonable cost may be rebutted by evidence of any of the
   72  factors in s. 61.30(11)(a). The court may deviate from what is
   73  presumed reasonable in cost only upon a written finding
   74  explaining its determination why ordering or not ordering the
   75  provision of health insurance or the reimbursement of the
   76  obligee’s cost for providing health insurance for the minor
   77  child would be unjust or inappropriate. In any event, the court
   78  shall apportion the cost of health insurance, and any noncovered
   79  medical, dental, and prescription medication expenses of the
   80  child, to both parties by adding the cost to the basic
   81  obligation determined pursuant to s. 61.30(6). The court may
   82  order that payment of noncovered medical, dental, and
   83  prescription medication expenses of the minor child be made
   84  directly to the obligee on a percentage basis. In a proceeding
   85  for medical support only, each parent’s share of the child’s
   86  noncovered medical expenses shall equal the parent’s percentage
   87  share of the combined net income of the parents. The percentage
   88  share shall be calculated by dividing each parent’s net monthly
   89  income by the combined monthly net income of both parents. Net
   90  income is calculated as specified by s. 61.30(3) and (4).
   91         1. In a non-Title IV-D case, a copy of the court order for
   92  health insurance shall be served on the obligor’s union or
   93  employer by the obligee when the following conditions are met:
   94         a. The obligor fails to provide written proof to the
   95  obligee within 30 days after receiving effective notice of the
   96  court order that the health insurance has been obtained or that
   97  application for health insurance has been made;
   98         b. The obligee serves written notice of intent to enforce
   99  an order for health insurance on the obligor by mail at the
  100  obligor’s last known address; and
  101         c. The obligor fails within 15 days after the mailing of
  102  the notice to provide written proof to the obligee that the
  103  health insurance existed as of the date of mailing.
  104         2.a. A support order enforced under Title IV-D of the
  105  Social Security Act which requires that the obligor provide
  106  health insurance is enforceable by the department through the
  107  use of the national medical support notice, and an amendment to
  108  the support order is not required. The department shall transfer
  109  the national medical support notice to the obligor’s union or
  110  employer. The department shall notify the obligor in writing
  111  that the notice has been sent to the obligor’s union or
  112  employer, and the written notification must include the
  113  obligor’s rights and duties under the national medical support
  114  notice. The obligor may contest the withholding required by the
  115  national medical support notice based on a mistake of fact. To
  116  contest the withholding, the obligor must file a written notice
  117  of contest with the department within 15 business days after the
  118  date the obligor receives written notification of the national
  119  medical support notice from the department. Filing with the
  120  department is complete when the notice is received by the person
  121  designated by the department in the written notification. The
  122  notice of contest must be in the form prescribed by the
  123  department. Upon the timely filing of a notice of contest, the
  124  department shall, within 5 business days, schedule an informal
  125  conference with the obligor to discuss the obligor’s factual
  126  dispute. If the informal conference resolves the dispute to the
  127  obligor’s satisfaction or if the obligor fails to attend the
  128  informal conference, the notice of contest is deemed withdrawn.
  129  If the informal conference does not resolve the dispute, the
  130  obligor may request an administrative hearing under chapter 120
  131  within 5 business days after the termination of the informal
  132  conference, in a form and manner prescribed by the department.
  133  However, the filing of a notice of contest by the obligor does
  134  not delay the withholding of premium payments by the union,
  135  employer, or health plan administrator. The union, employer, or
  136  health plan administrator must implement the withholding as
  137  directed by the national medical support notice unless notified
  138  by the department that the national medical support notice is
  139  terminated.
  140         b. In a Title IV-D case, the department shall notify an
  141  obligor’s union or employer if the obligation to provide health
  142  insurance through that union or employer is terminated.
  143         3. In a non-Title IV-D case, upon receipt of the order
  144  pursuant to subparagraph 1., or upon application of the obligor
  145  pursuant to the order, the union or employer shall enroll the
  146  minor child as a beneficiary in the group health plan regardless
  147  of any restrictions on the enrollment period and withhold any
  148  required premium from the obligor’s income. If more than one
  149  plan is offered by the union or employer, the child shall be
  150  enrolled in the group health plan in which the obligor is
  151  enrolled.
  152         4.a. Upon receipt of the national medical support notice
  153  under subparagraph 2. in a Title IV-D case, the union or
  154  employer shall transfer the notice to the appropriate group
  155  health plan administrator within 20 business days after the date
  156  on the notice. The plan administrator must enroll the child as a
  157  beneficiary in the group health plan regardless of any
  158  restrictions on the enrollment period, and the union or employer
  159  must withhold any required premium from the obligor’s income
  160  upon notification by the plan administrator that the child is
  161  enrolled. The child shall be enrolled in the group health plan
  162  in which the obligor is enrolled. If the group health plan in
  163  which the obligor is enrolled is not available where the child
  164  resides or if the obligor is not enrolled in group coverage, the
  165  child shall be enrolled in the lowest cost group health plan
  166  that is accessible to the child.
  167         b. If health insurance or the obligor’s employment is
  168  terminated in a Title IV-D case, the union or employer that is
  169  withholding premiums for health insurance under a national
  170  medical support notice must notify the department within 20 days
  171  after the termination and provide the obligor’s last known
  172  address and the name and address of the obligor’s new employer,
  173  if known.
  174         5.a. The amount withheld by a union or employer in
  175  compliance with a support order may not exceed the amount
  176  allowed under s. 303(b) of the Consumer Credit Protection Act,
  177  15 U.S.C. s. 1673(b), as amended. The union or employer shall
  178  withhold the maximum allowed by the Consumer Credit Protection
  179  Act in the following order:
  180         (I) Current support, as ordered.
  181         (II) Premium payments for health insurance, as ordered.
  182         (III) Past due support, as ordered.
  183         (IV) Other medical support or insurance, as ordered.
  184         b. If the combined amount to be withheld for current
  185  support plus the premium payment for health insurance exceed the
  186  amount allowed under the Consumer Credit Protection Act, and the
  187  health insurance cannot be obtained unless the full amount of
  188  the premium is paid, the union or employer may not withhold the
  189  premium payment. However, the union or employer shall withhold
  190  the maximum allowed in the following order:
  191         (I) Current support, as ordered.
  192         (II) Past due support, as ordered.
  193         (III) Other medical support or insurance, as ordered.
  194         6. An employer, union, or plan administrator who does not
  195  comply with the requirements in sub-subparagraph 4.a. is subject
  196  to a civil penalty not to exceed $250 for the first violation
  197  and $500 for subsequent violations, plus attorney’s fees and
  198  costs. The department may file a petition in circuit court to
  199  enforce the requirements of this subparagraph.
  200         7. The department may adopt rules to administer the child
  201  support enforcement provisions of this section that affect Title
  202  IV-D cases.
  203         (c) To the extent necessary to protect an award of child
  204  support, the court may order the obligor to purchase or maintain
  205  a life insurance policy or a bond, or to otherwise secure the
  206  child support award with any other assets which may be suitable
  207  for that purpose.
  208         (d)1. All child support orders shall provide the full name
  209  and date of birth of each minor child who is the subject of the
  210  child support order. For child support orders involving unborn
  211  children, the order shall specify that the order is for the
  212  benefit of an unborn child and include the gestational age and
  213  intended full name, if any, of the unborn child.
  214         2. If both parties request and the court finds that it is
  215  in the best interest of the child, support payments need not be
  216  subject to immediate income deduction. Support orders that are
  217  not subject to immediate income deduction may be directed
  218  through the depository under s. 61.181 or made payable directly
  219  to the obligee. Payments made by immediate income deduction
  220  shall be made to the State Disbursement Unit. The court shall
  221  provide a copy of the order to the depository.
  222         3. For support orders payable directly to the obligee, any
  223  party may subsequently file an affidavit with the depository
  224  alleging a default in payment of child support and stating that
  225  the party wishes to require that payments be made through the
  226  depository. The party shall provide copies of the affidavit to
  227  the court and to each other party. Fifteen days after receipt of
  228  the affidavit, the depository shall notify all parties that
  229  future payments shall be paid through the depository, except
  230  that payments in Title IV-D cases and income deduction payments
  231  shall be made to the State Disbursement Unit. In Title IV-D
  232  cases, an affidavit of default or a default in payments is not
  233  required to receive depository services. Upon notice by the
  234  department that it is providing Title IV-D services in a case
  235  with an existing support order, the depository shall transmit
  236  case data through, and set up appropriate payment accounts in,
  237  regardless of whether there is a delinquency, the Clerk of the
  238  Court Child Support Enforcement Collection System as required
  239  under s. 61.181(2)(b).
  241  ================= T I T L E  A M E N D M E N T ================
  242  And the title is amended as follows:
  243         Delete line 3
  244  and insert:
  245         mortality; amending s. 61.13, F.S.; providing that
  246         child support may be ordered for unborn children
  247         beginning at a specified gestational age; requiring
  248         the court to await the outcome of paternity
  249         proceedings in disputed paternity cases before
  250         ordering child support payments; providing for
  251         retroactive child support payments under certain
  252         circumstances; requiring the court to review and
  253         modify, if appropriate, child support orders involving
  254         unborn children when the child is born; requiring
  255         child support orders involving unborn children to
  256         include health insurance coverage for the pregnant
  257         woman for a specified time; requiring that child
  258         support orders involving unborn children include
  259         specified information; amending s. 381.84, F.S.;
  260         revising the