SENATE AMENDMENT
    Bill No. SB 1638
    Amendment No. ___   Barcode 815608
                            CHAMBER ACTION
              Senate                               House
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       04/29/2003 02:00 PM         .                    
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11  Senator Lynn moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 4, line 29, through page 5, line 27, delete
15  those lines
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17  and insert:
18         Section 3.  Effective July 1, 2003, subsections (1) and
19  (2) of section 61.181, Florida Statutes, are amended to read:
20         61.181  Depository for alimony transactions, support,
21  maintenance, and support payments; fees.--
22         (1)(a)  The office of the clerk of the court shall
23  operate a depository unless the depository is otherwise
24  created by special act of the Legislature or unless, prior to
25  June 1, 1985, a different entity was established to perform
26  such functions.  The department shall, no later than July 1,
27  1998, extend participation in the federal child support cost
28  reimbursement program to the central depository in each
29  county, to the maximum extent possible under existing federal
30  law.  The depository shall receive reimbursement for services
31  provided under a cooperative agreement with the department
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    4:41 PM   04/25/03                               s1638.cf07.bc

SENATE AMENDMENT Bill No. SB 1638 Amendment No. ___ Barcode 815608 1 pursuant to s. 61.1826. Each depository shall participate in 2 the State Disbursement Unit and shall implement all statutory 3 and contractual duties imposed on the State Disbursement Unit. 4 Each depository shall receive from and transmit to the State 5 Disbursement Unit required data through the Clerk of Court 6 Child Support Enforcement Collection System. Payments on 7 non-Title IV-D cases without income deduction orders shall not 8 be sent to the State Disbursement Unit. 9 (b) Upon request by the Title IV-D agency, the 10 depository created pursuant to paragraph (a) shall establish 11 an account for the receipt and disbursement of support 12 payments for Title IV-D interstate cases. The Title IV-D 13 agency shall provide a copy of the other state's order with 14 the request, and the depository shall advise the Title IV-D 15 agency of the account number in writing within 4 business days 16 after receipt of the request. 17 (2)(a) For payments not required to be processed 18 through the State Disbursement Unit, the depository shall 19 impose and collect a fee on each payment made for receiving, 20 recording, reporting, disbursing, monitoring, or handling 21 alimony or child support payments as required under this 22 section. For non-Title IV-D cases required to be processed by 23 the State Disbursement Unit pursuant to this chapter, the 24 State Disbursement Unit shall, on each payment received, 25 collect a fee, and shall transmit to the depository in which 26 the case is located 40 percent of such service charge for the 27 depository's administration, management, and maintenance of 28 such case. If a payment is made to the State Disbursement Unit 29 which is not accompanied by the required fee, the State 30 Disbursement Unit shall not deduct any moneys from the support 31 payment for payment of the fee. The fee shall be a flat fee 2 4:41 PM 04/25/03 s1638.cf07.bc
SENATE AMENDMENT Bill No. SB 1638 Amendment No. ___ Barcode 815608 1 based, to the extent practicable, upon estimated reasonable 2 costs of operation. The fee shall be reduced in any case in 3 which the fixed fee results in a charge to any party of an 4 amount greater than 3 percent of the amount of any support 5 payment made in satisfaction of the amount which the party is 6 obligated to pay, except that no fee shall be less than $1 nor 7 more than $5 per payment made. The fee shall be considered by 8 the court in determining the amount of support that the 9 obligor is, or may be, required to pay. 10 (b)1. For the period of July 1, 1992, through June 30, 11 2003, The fee imposed in paragraph (a) shall be increased to 4 12 percent of the support payments which the party is obligated 13 to pay, except that no fee shall be more than $5.25. The fee 14 shall be considered by the court in determining the amount of 15 support that the obligor is, or may be, required to pay. 16 Notwithstanding the provisions of s. 145.022, 75 percent of 17 the additional revenues generated by this paragraph shall be 18 remitted monthly to the Clerk of the Court Child Support 19 Enforcement Collection System Trust Fund administered by the 20 department as provided in subparagraph 2. These funds shall 21 be used exclusively for the development, implementation, and 22 operation of the Clerk of the Court Child Support Enforcement 23 Collection System to be operated by the depositories, 24 including the automation of civil case information necessary 25 for the State Case Registry. The department shall contract 26 with the Florida Association of Court Clerks and the 27 depositories to design, establish, operate, upgrade, and 28 maintain the automation of the depositories to include, but 29 not be limited to, the provision of on-line electronic 30 transfer of information to the IV-D agency as otherwise 31 required by this chapter. The department's obligation to fund 3 4:41 PM 04/25/03 s1638.cf07.bc
SENATE AMENDMENT Bill No. SB 1638 Amendment No. ___ Barcode 815608 1 the automation of the depositories is limited to the state 2 share of funds available in the Clerk of the Court Child 3 Support Enforcement Collection System Trust Fund. Each 4 depository created under this section shall fully participate 5 in the Clerk of the Court Child Support Enforcement Collection 6 System and transmit data in a readable format as required by 7 the contract between the Florida Association of Court Clerks 8 and the department. 9 2. Moneys to be remitted to the department by the 10 depository shall be done daily by electronic funds transfer 11 and calculated as follows: 12 a. For each support payment of less than $33, 18.75 13 cents. 14 b. For each support payment between $33 and $140, an 15 amount equal to 18.75 percent of the fee charged. 16 c. For each support payment in excess of $140, 18.75 17 cents. 18 3. The fees established by this section shall be set 19 forth and included in every order of support entered by a 20 court of this state which requires payment to be made into the 21 depository. 22 23 24 ================ T I T L E A M E N D M E N T =============== 25 And the title is amended as follows: 26 On page 1, line 10, after the semicolon 27 28 insert: 29 providing for the continuation of a fee; 30 31 4 4:41 PM 04/25/03 s1638.cf07.bc