Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. SB 300
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/F/2R          .                                
             03/30/2023 04:12 PM       .                                

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