Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 536
       
       
       
       
       
       
                                Ì176882JÎ176882                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/06/2023           .                                
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       The Committee on Children, Families, and Elder Affairs (Garcia)
       recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 268 - 343
    4  and insert:
    5         Section 5. Effective upon becoming law, paragraph (c) of
    6  subsection (2) of section 61.30, Florida Statutes, is amended to
    7  read:
    8         61.30 Child support guidelines; retroactive child support.—
    9         (2) Income shall be determined on a monthly basis for each
   10  parent as follows:
   11         (c) Except for incarceration for willful nonpayment of
   12  child support or for an offense against a child or person who is
   13  owed child support, Incarceration may not be treated as
   14  voluntary unemployment in establishing or modifying a support
   15  order. However, the court may deviate from the child support
   16  guideline amount as provided in paragraph (1)(a).
   17         Section 6. Paragraph (a) of subsection (2) of section
   18  409.256, Florida Statutes, is amended to read:
   19         409.256 Administrative proceeding to establish paternity or
   20  paternity and child support; order to appear for genetic
   21  testing.—
   22         (2) JURISDICTION; LOCATION OF HEARINGS; RIGHT OF ACCESS TO
   23  THE COURTS.—
   24         (a) The department may commence a paternity proceeding or a
   25  paternity and child support proceeding as provided in subsection
   26  (4) if:
   27         1. The child’s paternity has not been established.
   28         2. No one is named as the father on the child’s birth
   29  certificate or the person named as the father is the putative
   30  father named in an affidavit or a written declaration as
   31  provided in subparagraph 5.
   32         3. The child’s mother was unmarried when the child was
   33  conceived and born.
   34         4. The department is providing services under Title IV-D of
   35  the Social Security Act.
   36         5. The child’s mother, caregiver, or a putative father has
   37  stated in an affidavit, or in a written declaration as provided
   38  in s. 92.525(2), that the putative father is or may be the
   39  child’s biological father. The affidavit or written declaration
   40  must set forth the factual basis for the allegation of paternity
   41  as provided in s. 742.12(2).
   42         Section 7. Subsection (8) of section 409.2563, Florida
   43  Statutes, is amended to read:
   44         409.2563 Administrative establishment of child support
   45  obligations.—
   46         (8) FILING WITH THE CLERK OF THE CIRCUIT COURT; OFFICIAL
   47  PAYMENT RECORD; JUDGMENT BY OPERATION OF LAW.—The department
   48  shall file with the clerk of the circuit court a copy of an
   49  administrative support order rendered under this section. The
   50  depository operated pursuant to s. 61.181 for the county where
   51  the administrative support order has been filed shall:
   52         (a) Act as the official recordkeeper for payments required
   53  under the administrative support order;
   54         (b) Establish and maintain the necessary payment accounts;
   55         (c) Upon a delinquency, initiate the judgment by operation
   56  of law procedure as provided by s. 61.14(6); and
   57         (d) Perform all other duties required of a depository with
   58  respect to a support order entered by a court of this state.
   59  
   60  When a proceeding to establish an administrative support order
   61  is commenced under subsection (4), the department shall file a
   62  copy of the initial notice with the depository. The depository
   63  shall assign an account number and provide the account number to
   64  the department within 4 business days after the initial notice
   65  is filed. When the department receives a payment record from a
   66  IV-D agency or a court in another state, as the term “state” is
   67  defined by s. 88.1011, and the payment record shows the obligor
   68  made a payment in that state pursuant to an administrative
   69  support order rendered by the department, the department shall
   70  file the payment record with the clerk of the court depository,
   71  requesting the clerk to review the record and update the clerk’s
   72  payment accounts, applying credit for payments made to the other
   73  state for which the clerk has not previously provided credit. If
   74  the payment record from the other state indicates the obligor
   75  has made payments that are not reflected in the clerk’s payment
   76  accounts, the clerk must credit the account in the amount of the
   77  payment made to the other state. A party to the administrative
   78  proceeding may dispute the application of credit in a subsequent
   79  proceeding concerning payment under the administrative support
   80  order.
   81         Section 8. Except as otherwise expressly provided in this
   82  act, this act shall take effect July 1, 2023.