Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 590
       
       
       
       
       
       
                                Ì377888sÎ377888                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/14/2017           .                                
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       Appropriations Subcommittee on General Government (Brandes)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 409.2551, Florida Statutes, is amended
    6  to read:
    7         409.2551 Legislative intent.—Common-law and statutory
    8  procedures governing the remedies for enforcement of support for
    9  financially dependent children by persons responsible for their
   10  support have not proven sufficiently effective or efficient to
   11  cope with the increasing incidence of financial dependency. The
   12  increasing workload of courts, prosecuting attorneys, and the
   13  Attorney General has resulted in a growing burden on the
   14  financial resources of the state, which is constrained to
   15  provide public assistance for basic maintenance requirements
   16  when parents fail to meet their primary obligations. The state,
   17  therefore, exercising its police and sovereign powers, declares
   18  that the common-law and statutory remedies pertaining to family
   19  desertion and nonsupport of dependent children shall be
   20  augmented by additional remedies directed to the resources of
   21  the responsible parents. In order to render resources more
   22  immediately available to meet the needs of dependent children,
   23  it is the legislative intent that the remedies provided herein
   24  are in addition to, and not in lieu of, existing remedies. It is
   25  declared to be the public policy of this state that this act be
   26  construed and administered to the end that children shall be
   27  maintained from the resources of their parents, thereby
   28  relieving, at least in part, the burden presently borne by the
   29  general citizenry through public assistance programs. It is also
   30  the public policy of this state to encourage frequent contact
   31  between a child and each parent to optimize the development of a
   32  close and continuing relationship between each parent and the
   33  child.
   34         Section 2. Section 409.2554, Florida Statutes, is reordered
   35  and amended to read:
   36         409.2554 Definitions; ss. 409.2551-409.2598.—As used in ss.
   37  409.2551-409.2598, the term:
   38         (5)(1) “Department” means the Department of Revenue.
   39         (6)(2) “Dependent child” means any unemancipated person
   40  under the age of 18, any person under the age of 21 and still in
   41  school, or any person who is mentally or physically
   42  incapacitated when such incapacity began before prior to such
   43  person reaching the age of 18. This definition may shall not be
   44  construed to impose an obligation for child support beyond the
   45  child’s attainment of majority except as imposed in s. 409.2561.
   46         (3) “Court” means the circuit court.
   47         (4) “Court order” means any judgment or order of any court
   48  of appropriate jurisdiction of the state, or an order of a court
   49  of competent jurisdiction of another state, ordering payment of
   50  a set or determinable amount of support money.
   51         (7)(5) “Health insurance” means coverage under a fee-for
   52  service arrangement, health maintenance organization, or
   53  preferred provider organization, and other types of coverage
   54  available to either parent, under which medical services could
   55  be provided to a dependent child.
   56         (8)(6) “Obligee” means the person to whom support payments
   57  are made pursuant to an alimony or child support order.
   58         (9)(7) “Obligor” means a person who is responsible for
   59  making support payments pursuant to an alimony or child support
   60  order.
   61         (12)(8) “Public assistance” means money assistance paid on
   62  the basis of Title IV-E and Title XIX of the Social Security
   63  Act, temporary cash assistance, or food assistance benefits
   64  received on behalf of a child under 18 years of age who has an
   65  absent parent.
   66         (10)(9) “Program attorney” means an attorney employed by
   67  the department, under contract with the department, or employed
   68  by a contractor of the department, to provide legal
   69  representation for the department in a proceeding related to the
   70  determination of paternity or the establishment, modification,
   71  or enforcement of support brought pursuant to law.
   72         (11)(10) “Prosecuting attorney” means any private attorney,
   73  county attorney, city attorney, state attorney, program
   74  attorney, or an attorney employed by an entity of a local
   75  political subdivision who engages in legal action related to the
   76  determination of paternity or the establishment, modification,
   77  or enforcement of support brought pursuant to this act.
   78         (13) “State Case Registry” means the automated registry
   79  maintained by the Title IV-D agency, containing records of each
   80  Title IV-D case and of each support order established or
   81  modified in the state on or after October 1, 1998. Such records
   82  must consist of data elements as required by the United States
   83  Secretary of Health and Human Services.
   84         (14) “State Disbursement Unit” means the unit established
   85  and operated by the Title IV-D agency to provide one central
   86  address for collection and disbursement of child support
   87  payments made in cases enforced by the department pursuant to
   88  Title IV-D of the Social Security Act and in cases not being
   89  enforced by the department in which the support order was
   90  initially issued in this state on or after January 1, 1994, and
   91  in which the obligor’s child support obligation is being paid
   92  through income deduction order.
   93         (16) “Title IV-D Standard Parenting Time Plan” means a
   94  document which may be agreed to by the parents to govern the
   95  relationship between the parents and to provide the parent who
   96  owes support a reasonable minimum amount of time with his or her
   97  child. The plan set forth in s. 409.25633 include timetables
   98  that specify the time, including overnights and holidays, that a
   99  child may spend with each parent.
  100         (15)(11) “Support,” unless otherwise specified, means:
  101         (a) Child support, and, when the child support obligation
  102  is being enforced by the Department of Revenue, spousal support
  103  or alimony for the spouse or former spouse of the obligor with
  104  whom the child is living.
  105         (b) Child support only in cases not being enforced by the
  106  Department of Revenue.
  107         (1)(12) “Administrative costs” means any costs, including
  108  attorney’s fees, clerk’s filing fees, recording fees and other
  109  expenses incurred by the clerk of the circuit court, service of
  110  process fees, or mediation costs, incurred by the Title IV-D
  111  agency in its effort to administer the Title IV-D program. The
  112  administrative costs that which must be collected by the
  113  department shall be assessed on a case-by-case basis based upon
  114  a method for determining costs approved by the Federal
  115  Government. The administrative costs shall be assessed
  116  periodically by the department. The methodology for determining
  117  administrative costs shall be made available to the judge or any
  118  party who requests it. Only those amounts ordered independent of
  119  current support, arrears, or past public assistance obligation
  120  shall be considered and applied toward administrative costs.
  121         (2)(13) “Child support services” includes any civil,
  122  criminal, or administrative action taken by the Title IV-D
  123  program to determine paternity, establish, modify, enforce, or
  124  collect support.
  125         (17)(14) “Undistributable collection” means a support
  126  payment received by the department which the department
  127  determines cannot be distributed to the final intended
  128  recipient.
  129         (18)(15) “Unidentifiable collection” means a payment
  130  received by the department for which a parent, depository or
  131  circuit civil numbers, or source of the payment cannot be
  132  identified.
  133         Section 3. Subsection (2) of section 409.2557, Florida
  134  Statutes, is amended to read:
  135         409.2557 State agency for administering child support
  136  enforcement program.—
  137         (2) The department in its capacity as the state Title IV-D
  138  agency has shall have the authority to take actions necessary to
  139  carry out the public policy of ensuring that children are
  140  maintained from the resources of their parents to the extent
  141  possible. The department’s authority includes shall include, but
  142  is not be limited to, the establishment of paternity or support
  143  obligations, the establishment of a Title IV-D Standard
  144  Parenting Time Plan or any other parenting time plan agreed to
  145  and signed by the parents, and as well as the modification,
  146  enforcement, and collection of support obligations.
  147         Section 4. Subsections (2), (4), (5), and (7) of section
  148  409.2563, Florida Statutes, are amended to read:
  149         409.2563 Administrative establishment of child support
  150  obligations.—
  151         (2) PURPOSE AND SCOPE.—
  152         (a) It is not the Legislature’s intent to limit the
  153  jurisdiction of the circuit courts to hear and determine issues
  154  regarding child support or parenting time. This section is
  155  intended to provide the department with an alternative procedure
  156  for establishing child support obligations and establishing a
  157  parenting time plan only if the parents are in agreement, in
  158  Title IV-D cases in a fair and expeditious manner when there is
  159  no court order of support. The procedures in this section are
  160  effective throughout the state and shall be implemented
  161  statewide.
  162         (b) If the parents do not have an existing time sharing
  163  schedule or parenting time plan and do not agree to a parenting
  164  time plan, a plan will not be included in the initial
  165  administrative order, only a statement explaining its absence.
  166         (c) If the parents have a judicially established parenting
  167  time plan, the plan will not be included in the administrative
  168  or initial judicial order.
  169         (d) Any notification provided by the department will not
  170  include a Title IV-D Standard Parenting Time Plan if Florida is
  171  not the child’s home state, when one parent does not reside in
  172  Florida, if either parent has requested nondisclosure for fear
  173  of harm from the other parent, or when the parent who owes
  174  support is incarcerated.
  175         (e)(b) The administrative procedure set forth in this
  176  section concerns only the establishment of child support
  177  obligations and, if agreed to and signed by both parents, a
  178  parenting time plan or Title IV-D Standard Parenting Time Plan.
  179  This section does not grant jurisdiction to the department or
  180  the Division of Administrative Hearings to hear or determine
  181  issues of dissolution of marriage, separation, alimony or
  182  spousal support, termination of parental rights, dependency,
  183  disputed paternity, except for a determination of paternity as
  184  provided in s. 409.256, or award of or change of time-sharing.
  185  If both parents have agreed to and signed a parenting time plan
  186  before the establishment of the administrative support order,
  187  the department or the Division of Administrative Hearings will
  188  incorporate the agreed-upon parenting time plan into the
  189  administrative support order. This paragraph notwithstanding,
  190  the department and the Division of Administrative Hearings may
  191  make findings of fact that are necessary for a proper
  192  determination of a parent’s support obligation as authorized by
  193  this section.
  194         (f)(c) If there is no support order for a child in a Title
  195  IV-D case whose paternity has been established or is presumed by
  196  law, or whose paternity is the subject of a proceeding under s.
  197  409.256, the department may establish a parent’s child support
  198  obligation pursuant to this section, s. 61.30, and other
  199  relevant provisions of state law. The administrative support
  200  order will include a parenting time plan or Title IV-D Standard
  201  Parenting Time Plan as agreed to and signed by both parents. The
  202  parent’s obligation determined by the department may include any
  203  obligation to pay retroactive support and any obligation to
  204  provide for health care for a child, whether through insurance
  205  coverage, reimbursement of expenses, or both. The department may
  206  proceed on behalf of:
  207         1. An applicant or recipient of public assistance, as
  208  provided by ss. 409.2561 and 409.2567;
  209         2. A former recipient of public assistance, as provided by
  210  s. 409.2569;
  211         3. An individual who has applied for services as provided
  212  by s. 409.2567;
  213         4. Itself or the child, as provided by s. 409.2561; or
  214         5. A state or local government of another state, as
  215  provided by chapter 88.
  216         (g)(d) Either parent, or a caregiver if applicable, may at
  217  any time file a civil action in a circuit court having
  218  jurisdiction and proper venue to determine parental support
  219  obligations, if any. A support order issued by a circuit court
  220  prospectively supersedes an administrative support order
  221  rendered by the department.
  222         (h)(e) Pursuant to paragraph (e) (b), neither the
  223  department nor the Division of Administrative Hearings has
  224  jurisdiction to award or change child custody or rights of
  225  parental contact. The department or the Division of
  226  Administrative Hearings will incorporate a parenting time plan
  227  or Title IV-D Standard Parenting Time Plan as agreed to and
  228  signed by both parents into the administrative support order.
  229  Either parent may at any time file a civil action in a circuit
  230  having jurisdiction and proper venue for a determination of
  231  child custody and rights of parental contact.
  232         (i)(f) The department shall terminate the administrative
  233  proceeding and file an action in circuit court to determine
  234  support if within 20 days after receipt of the initial notice
  235  the parent from whom support is being sought requests in writing
  236  that the department proceed in circuit court or states in
  237  writing his or her intention to address issues concerning time
  238  sharing or rights to parental contact in court and if within 10
  239  days after receipt of the department’s petition and waiver of
  240  service the parent from whom support is being sought signs and
  241  returns the waiver of service form to the department.
  242         (j)(g) The notices and orders issued by the department
  243  under this section shall be written clearly and plainly.
  244         (4) NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
  245  SUPPORT ORDER.—To commence a proceeding under this section, the
  246  department shall provide to the parent from whom support is not
  247  being sought and serve the parent from whom support is being
  248  sought with a notice of proceeding to establish administrative
  249  support order, a copy of the Title IV-D Standard Parenting Time
  250  Plan, and a blank financial affidavit form. The notice must
  251  state:
  252         (a) The names of both parents, the name of the caregiver,
  253  if any, and the name and date of birth of the child or children;
  254         (b) That the department intends to establish an
  255  administrative support order as defined in this section;
  256         (c) That the department will incorporate a parenting time
  257  plan or Title IV-D Standard Parenting Time Plan, as agreed to
  258  and signed by both parents, into the administrative support
  259  order;
  260         (d)(c) That both parents must submit a completed financial
  261  affidavit to the department within 20 days after receiving the
  262  notice, as provided by paragraph (13)(a);
  263         (e)(d) That both parents, or parent and caregiver if
  264  applicable, are required to furnish to the department
  265  information regarding their identities and locations, as
  266  provided by paragraph (13)(b);
  267         (f)(e) That both parents, or parent and caregiver if
  268  applicable, are required to promptly notify the department of
  269  any change in their mailing addresses to ensure receipt of all
  270  subsequent pleadings, notices, and orders, as provided by
  271  paragraph (13)(c);
  272         (g)(f) That the department will calculate support
  273  obligations based on the child support guidelines schedule in s.
  274  61.30 and using all available information, as provided by
  275  paragraph (5)(a), and will incorporate such obligations into a
  276  proposed administrative support order;
  277         (h)(g) That the department will send by regular mail to
  278  both parents, or parent and caregiver if applicable, a copy of
  279  the proposed administrative support order, the department’s
  280  child support worksheet, and any financial affidavits submitted
  281  by a parent or prepared by the department;
  282         (i)(h) That the parent from whom support is being sought
  283  may file a request for a hearing in writing within 20 days after
  284  the date of mailing or other service of the proposed
  285  administrative support order or will be deemed to have waived
  286  the right to request a hearing;
  287         (j)(i) That if the parent from whom support is being sought
  288  does not file a timely request for hearing after service of the
  289  proposed administrative support order, the department will issue
  290  an administrative support order that incorporates the findings
  291  of the proposed administrative support order, and any agreed
  292  upon parenting time plan. The department will send by regular
  293  mail a copy of the administrative support order and any
  294  incorporated parenting time plan to both parents, or parent and
  295  caregiver if applicable;
  296         (k)(j) That after an administrative support order is
  297  rendered incorporating any agreed-upon parenting time plan, the
  298  department will file a copy of the order with the clerk of the
  299  circuit court;
  300         (l)(k) That after an administrative support order is
  301  rendered, the department may enforce the administrative support
  302  order by any lawful means. The department does not have
  303  jurisdiction to enforce any parenting time plan that is
  304  incorporated into an administrative support order;
  305         (m)(l) That either parent, or caregiver if applicable, may
  306  file at any time a civil action in a circuit court having
  307  jurisdiction and proper venue to determine parental support
  308  obligations, if any, and that a support order issued by a
  309  circuit court supersedes an administrative support order
  310  rendered by the department;
  311         (n)(m) That neither the department nor the Division of
  312  Administrative Hearings has jurisdiction to award or change
  313  child custody or rights of parental contact or time-sharing, and
  314  these issues may be addressed only in circuit court. The
  315  department or the Division of Administrative Hearings may
  316  incorporate, if agreed to and signed by both parents, a
  317  parenting time plan or Title IV-D Standard Parenting Time Plan
  318  when the administrative support order is established.
  319         1. The parent from whom support is being sought may request
  320  in writing that the department proceed in circuit court to
  321  determine his or her support obligations.
  322         2. The parent from whom support is being sought may state
  323  in writing to the department his or her intention to address
  324  issues concerning custody or rights to parental contact in
  325  circuit court.
  326         3. If the parent from whom support is being sought submits
  327  the request authorized in subparagraph 1., or the statement
  328  authorized in subparagraph 2. to the department within 20 days
  329  after the receipt of the initial notice, the department shall
  330  file a petition in circuit court for the determination of the
  331  parent’s child support obligations, and shall send to the parent
  332  from whom support is being sought a copy of its petition, a
  333  notice of commencement of action, and a request for waiver of
  334  service of process as provided in the Florida Rules of Civil
  335  Procedure.
  336         4. If, within 10 days after receipt of the department’s
  337  petition and waiver of service, the parent from whom support is
  338  being sought signs and returns the waiver of service form to the
  339  department, the department shall terminate the administrative
  340  proceeding without prejudice and proceed in circuit court.
  341         5. In any circuit court action filed by the department
  342  pursuant to this paragraph or filed by a parent from whom
  343  support is being sought or other person pursuant to paragraph
  344  (m) (l) or paragraph (o) (n), the department shall be a party
  345  only with respect to those issues of support allowed and
  346  reimbursable under Title IV-D of the Social Security Act. It is
  347  the responsibility of the parent from whom support is being
  348  sought or other person to take the necessary steps to present
  349  other issues for the court to consider;.
  350         (o)(n) That if the parent from whom support is being sought
  351  files an action in circuit court and serves the department with
  352  a copy of the petition within 20 days after being served notice
  353  under this subsection, the administrative process ends without
  354  prejudice and the action must proceed in circuit court;
  355         (p)(o) Information provided by the Office of State Courts
  356  Administrator concerning the availability and location of self
  357  help programs for those who wish to file an action in circuit
  358  court but who cannot afford an attorney.
  359  
  360  The department may serve the notice of proceeding to establish
  361  an administrative support order and agreed-upon parenting plan
  362  or Title IV-D Standard Parenting Time Plan by certified mail,
  363  restricted delivery, return receipt requested. Alternatively,
  364  the department may serve the notice by any means permitted for
  365  service of process in a civil action. For purposes of this
  366  section, an authorized employee of the department may serve the
  367  notice and execute an affidavit of service. Service by certified
  368  mail is completed when the certified mail is received or refused
  369  by the addressee or by an authorized agent as designated by the
  370  addressee in writing. If a person other than the addressee signs
  371  the return receipt, the department shall attempt to reach the
  372  addressee by telephone to confirm whether the notice was
  373  received, and the department shall document any telephonic
  374  communications. If someone other than the addressee signs the
  375  return receipt, the addressee does not respond to the notice,
  376  and the department is unable to confirm that the addressee has
  377  received the notice, service is not completed and the department
  378  shall attempt to have the addressee served personally. The
  379  department shall provide the parent from whom support is not
  380  being sought or the caregiver with a copy of the notice by
  381  regular mail to the last known address of the parent from whom
  382  support is not being sought or caregiver.
  383         (5) PROPOSED ADMINISTRATIVE SUPPORT ORDER.—
  384         (a) After serving notice upon a parent in accordance with
  385  subsection (4), the department shall calculate that parent’s
  386  child support obligation under the child support guidelines
  387  schedule as provided by s. 61.30, based on any timely financial
  388  affidavits received and other information available to the
  389  department. If either parent fails to comply with the
  390  requirement to furnish a financial affidavit, the department may
  391  proceed on the basis of information available from any source,
  392  if such information is sufficiently reliable and detailed to
  393  allow calculation of guideline schedule amounts under s. 61.30.
  394  If a parent receives public assistance and fails to submit a
  395  financial affidavit, the department may submit a financial
  396  affidavit or written declaration for that parent pursuant to s.
  397  61.30(15). If there is a lack of sufficient reliable information
  398  concerning a parent’s actual earnings for a current or past
  399  period, it shall be presumed for the purpose of establishing a
  400  support obligation that the parent had an earning capacity equal
  401  to the federal minimum wage during the applicable period.
  402         (b) The department shall send by regular mail to both
  403  parents, or to a parent and caregiver if applicable, copies of
  404  the proposed administrative support order, a copy of the Title
  405  IV-D Standard Parenting Time Plan, its completed child support
  406  worksheet, and any financial affidavits submitted by a parent or
  407  prepared by the department. The proposed administrative support
  408  order must contain the same elements as required for an
  409  administrative support order under paragraph (7)(e).
  410         (c) The department shall provide a notice of rights with
  411  the proposed administrative support order, which notice must
  412  inform the parent from whom support is being sought that:
  413         1. The parent from whom support is being sought may, within
  414  20 days after the date of mailing or other service of the
  415  proposed administrative support order, request a hearing by
  416  filing a written request for hearing in a form and manner
  417  specified by the department;
  418         2. If the parent from whom support is being sought files a
  419  timely request for a hearing, the case shall be transferred to
  420  the Division of Administrative Hearings, which shall conduct
  421  further proceedings and may enter an administrative support
  422  order;
  423         3. A parent from whom support is being sought who fails to
  424  file a timely request for a hearing shall be deemed to have
  425  waived the right to a hearing, and the department may render an
  426  administrative support order pursuant to paragraph (7)(b);
  427         4. The parent from whom support is being sought may consent
  428  in writing to entry of an administrative support order without a
  429  hearing;
  430         5. The parent from whom support is being sought may, within
  431  10 days after the date of mailing or other service of the
  432  proposed administrative support order, contact a department
  433  representative, at the address or telephone number specified in
  434  the notice, to informally discuss the proposed administrative
  435  support order and, if informal discussions are requested timely,
  436  the time for requesting a hearing will be extended until 10 days
  437  after the department notifies the parent that the informal
  438  discussions have been concluded; and
  439         6. If an administrative support order that establishes a
  440  parent’s support obligation and incorporates either a parenting
  441  time plan or Title IV-D Standard Parenting Time Plan agreed to
  442  and signed by both parents is rendered, whether after a hearing
  443  or without a hearing, the department may enforce the
  444  administrative support order by any lawful means. The department
  445  does not have the jurisdiction or authority to enforce a
  446  parenting time plan.
  447         (d) If, after serving the proposed administrative support
  448  order but before a final administrative support order is
  449  rendered, the department receives additional information that
  450  makes it necessary to amend the proposed administrative support
  451  order, it shall prepare an amended proposed administrative
  452  support order, with accompanying amended child support
  453  worksheets and other material necessary to explain the changes,
  454  and follow the same procedures set forth in paragraphs (b) and
  455  (c).
  456         (7) ADMINISTRATIVE SUPPORT ORDER.—
  457         (a) If a hearing is held, the administrative law judge of
  458  the Division of Administrative Hearings shall issue an
  459  administrative support order that will include a parenting time
  460  plan or Title IV-D Standard Parenting Time Plan agreed to and
  461  signed by both parents, or a final order denying an
  462  administrative support order, which constitutes final agency
  463  action by the department. The Division of Administrative
  464  Hearings shall transmit any such order to the department for
  465  filing and rendering.
  466         (b) If the parent from whom support is being sought does
  467  not file a timely request for a hearing, the parent will be
  468  deemed to have waived the right to request a hearing.
  469         (c) If the parent from whom support is being sought waives
  470  the right to a hearing, or consents in writing to the entry of
  471  an order without a hearing, the department may render an
  472  administrative support order that will include a parenting time
  473  plan or Title IV-D Standard Parenting Time Plan agreed to and
  474  signed by both parents.
  475         (d) The department shall send by regular mail a copy of the
  476  administrative support order that will include a parenting time
  477  plan or Title IV-D Standard Parenting Time Plan agreed to and
  478  signed by both parents, or the final order denying an
  479  administrative support order, to both parents, or a parent and
  480  caregiver if applicable. The parent from whom support is being
  481  sought shall be notified of the right to seek judicial review of
  482  the administrative support order in accordance with s. 120.68.
  483         (e) An administrative support order must comply with ss.
  484  61.13(1) and 61.30. The department shall develop a standard form
  485  or forms for administrative support orders. An administrative
  486  support order must provide and state findings, if applicable,
  487  concerning:
  488         1. The full name and date of birth of the child or
  489  children;
  490         2. The name of the parent from whom support is being sought
  491  and the other parent or caregiver;
  492         3. The parent’s duty and ability to provide support;
  493         4. The amount of the parent’s monthly support obligation;
  494         5. Any obligation to pay retroactive support;
  495         6. The parent’s obligation to provide for the health care
  496  needs of each child, whether through health insurance,
  497  contribution toward the cost of health insurance, payment or
  498  reimbursement of health care expenses for the child, or any
  499  combination thereof;
  500         7. The beginning date of any required monthly payments and
  501  health insurance;
  502         8. That all support payments ordered must be paid to the
  503  Florida State Disbursement Unit as provided by s. 61.1824;
  504         9. That the parents, or caregiver if applicable, must file
  505  with the department when the administrative support order is
  506  rendered, if they have not already done so, and update as
  507  appropriate the information required pursuant to paragraph
  508  (13)(b);
  509         10. That both parents, or parent and caregiver if
  510  applicable, are required to promptly notify the department of
  511  any change in their mailing addresses pursuant to paragraph
  512  (13)(c); and
  513         11. That if the parent ordered to pay support receives
  514  reemployment assistance or unemployment compensation benefits,
  515  the payor shall withhold, and transmit to the department, 40
  516  percent of the benefits for payment of support, not to exceed
  517  the amount owed.
  518  
  519         An income deduction order as provided by s. 61.1301 must be
  520  incorporated into the administrative support order or, if not
  521  incorporated into the administrative support order, the
  522  department or the Division of Administrative Hearings shall
  523  render a separate income deduction order.
  524         Section 5. Section 409.25633, Florida Statutes, is created
  525  to read:
  526         409.25633.Title IV-D Standard Parenting Time Plans.—The
  527  best interests of the child is the primary consideration of the
  528  parenting plan and special consideration should be given to the
  529  age and needs of each child. There is no presumption for or
  530  against the father or mother of the child or for or against any
  531  specific time-sharing schedule when a parenting time plan is
  532  created.
  533         (1) A Title IV-D Standard Parenting Time Plan will be
  534  presented to the parents in any administrative action taken by
  535  the Title IV-D program to establish or modify child support or
  536  to determine paternity. If the parents agree to the Title IV-D
  537  Standard Parenting Time Plan or to another parenting time plan,
  538  the plan must be signed by the parents and incorporated into the
  539  administrative order. If the parents do not agree to a Title IV
  540  D Standard Parenting Time Plan or if an agreed-upon parenting
  541  time plan is not included, the Department of Revenue must enter
  542  an administrative support order and refer the parents to the
  543  court of appropriate jurisdiction to establish a parenting time
  544  plan. The department must note on the referral that an
  545  administrative support order has been entered. If a parenting
  546  time plan is not included in the administrative support order
  547  entered under s. 409.2563, the department must provide
  548  information to the parents on the process to establish such
  549  plan.
  550         (2) The parent who owes support is entitled to parenting
  551  time with the child. If the parents do not have a signed,
  552  agreed-upon parenting time plan, the following Title IV-D
  553  Standard Parenting Time Plan must be incorporated into an
  554  administrative support order if agreed to and signed by the
  555  parents:
  556         (a) Every other weekend.—The second and fourth full weekend
  557  of the month from 6 p.m. on Friday through 6 p.m. on Sunday. The
  558  weekends may begin upon the child’s release from school on
  559  Friday and end on Sunday at 6 p.m. or when the child returns to
  560  school on Monday morning. The weekend time may be extended by
  561  holidays that fall on Friday or Monday;
  562         (b) One evening per week.—One weekday beginning at 6 p.m.
  563  and ending at 8 p.m. or, if both parents agree, from when the
  564  child is released from school until 8 p.m.;
  565         (c) Thanksgiving break.—In even-numbered years, the
  566  Thanksgiving break from 6 p.m. on the Wednesday before
  567  Thanksgiving until 6 p.m. on the Sunday following Thanksgiving.
  568  If both parents agree, the Thanksgiving break parenting time may
  569  begin upon the child’s release from school and end upon the
  570  child’s return to school the following Monday;
  571         (d) Winter break.—In odd-numbered years, the first half of
  572  winter break, from the child’s release from school, beginning at
  573  6 p.m. or, if both parents agree, upon the child’s release from
  574  school, until noon on December 26. In even-numbered years, the
  575  second half of winter break from noon on December 26 until 6
  576  p.m. on the day before school resumes or, if both parents agree,
  577  upon the child’s return to school;
  578         (e) Spring break.—In even-numbered years, the week of
  579  spring break from 6 p.m. the day the child is released from
  580  school until 6 p.m. the night before school resumes. If both
  581  parents agree, the spring break parenting time may begin upon
  582  the child’s release from school and end upon the child’s return
  583  to school the following Monday; and
  584         (f) Summer break.—For 2 weeks in the summer beginning at 6
  585  p.m. the first Sunday following the last day of school.
  586         (4) In the event the parents have not agreed on a parenting
  587  schedule at the time of the child support hearing, the
  588  department will enter an administrative support order and refer
  589  the parents to a court of appropriate jurisdiction for the
  590  establishment of a parenting time plan.
  591         (5) The Title IV-D Standard Parenting Time Plan is not
  592  intended for use by parents and families with domestic or family
  593  violence concerns.
  594         (6) If after the incorporation of an agreed-upon parenting
  595  time plan into an administrative support order, a parent becomes
  596  concerned about the safety of the child during the child’s time
  597  with the other parent, a modification of the parenting time plan
  598  may be sought through a court of appropriate jurisdiction.
  599         (7) The department will create and provide a form for a
  600  petition to establish a parenting time plan for parents who have
  601  not agreed on a parenting schedule at the time of the child
  602  support hearing. The department will provide the form to the
  603  parents but will not file the petition or represent either
  604  parent at the hearing.
  605         (8) The parents will not be required to pay a fee to file
  606  the petition to establish a parenting plan.
  607         (9) The department may adopt rules to implement and
  608  administer this section.
  609         Section 6. Subsections (1) and (2) of section 409.2564,
  610  Florida Statutes, are amended to read:
  611         409.2564 Actions for support.—
  612         (1) In each case in which regular support payments are not
  613  being made as provided herein, the department shall institute,
  614  within 30 days after determination of the obligor’s reasonable
  615  ability to pay, action as is necessary to secure the obligor’s
  616  payment of current support, and any arrearage that which may
  617  have accrued under an existing order of support, and if a
  618  parenting time plan was not incorporated into the existing order
  619  of support include either a signed, agreed-upon parenting time
  620  plan or a signed Title IV-D Standard Parenting Time Plan, if
  621  appropriate. The department shall notify the program attorney in
  622  the judicial circuit in which the recipient resides setting
  623  forth the facts in the case, including the obligor’s address, if
  624  known, and the public assistance case number. Whenever
  625  applicable, the procedures established under the provisions of
  626  chapter 88, Uniform Interstate Family Support Act, chapter 61,
  627  Dissolution of Marriage; Support; Time-sharing, chapter 39,
  628  Proceedings Relating to Children, chapter 984, Children and
  629  Families in Need of Services, and chapter 985, Delinquency;
  630  Interstate Compact on Juveniles, may govern actions instituted
  631  under the provisions of this act, except that actions for
  632  support under chapter 39, chapter 984, or chapter 985 brought
  633  pursuant to this act shall not require any additional
  634  investigation or supervision by the department.
  635         (2) The order for support entered pursuant to an action
  636  instituted by the department under the provisions of subsection
  637  (1) shall require that the support payments be made periodically
  638  to the department through the depository. An order for support
  639  entered under the provisions of subsection (1) must include
  640  either a signed, agreed-upon parenting time plan or a signed
  641  Title IV-D Standard Parenting Time Plan, if appropriate. Upon
  642  receipt of a payment made by the obligor pursuant to any order
  643  of the court, the depository shall transmit the payment to the
  644  department within 2 working days, except those payments made by
  645  personal check which shall be disbursed in accordance with s.
  646  61.181. Upon request, the depository shall furnish to the
  647  department a certified statement of all payments made by the
  648  obligor. Such statement shall be provided by the depository at
  649  no cost to the department.
  650         Section 7. Paragraph (g) of subsection (2) and paragraph
  651  (a) of subsection (4) of section 409.256, Florida Statutes, are
  652  amended to read:
  653         409.256 Administrative proceeding to establish paternity or
  654  paternity and child support; order to appear for genetic
  655  testing.—
  656         (2) JURISDICTION; LOCATION OF HEARINGS; RIGHT OF ACCESS TO
  657  THE COURTS.—
  658         (g) Section 409.2563(2)(h), (i), and (j) 409.2563(2)(e),
  659  (f), and (g) apply to a proceeding under this section.
  660         (4) NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR
  661  PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC
  662  TESTING; MANNER OF SERVICE; CONTENTS.—The Department of Revenue
  663  shall commence a proceeding to determine paternity, or a
  664  proceeding to determine both paternity and child support, by
  665  serving the respondent with a notice as provided in this
  666  section. An order to appear for genetic testing may be served at
  667  the same time as a notice of the proceeding or may be served
  668  separately. A copy of the affidavit or written declaration upon
  669  which the proceeding is based shall be provided to the
  670  respondent when notice is served. A notice or order to appear
  671  for genetic testing shall be served by certified mail,
  672  restricted delivery, return receipt requested, or in accordance
  673  with the requirements for service of process in a civil action.
  674  Service by certified mail is completed when the certified mail
  675  is received or refused by the addressee or by an authorized
  676  agent as designated by the addressee in writing. If a person
  677  other than the addressee signs the return receipt, the
  678  department shall attempt to reach the addressee by telephone to
  679  confirm whether the notice was received, and the department
  680  shall document any telephonic communications. If someone other
  681  than the addressee signs the return receipt, the addressee does
  682  not respond to the notice, and the department is unable to
  683  confirm that the addressee has received the notice, service is
  684  not completed and the department shall attempt to have the
  685  addressee served personally. For purposes of this section, an
  686  employee or an authorized agent of the department may serve the
  687  notice or order to appear for genetic testing and execute an
  688  affidavit of service. The department may serve an order to
  689  appear for genetic testing on a caregiver. The department shall
  690  provide a copy of the notice or order to appear by regular mail
  691  to the mother and caregiver, if they are not respondents.
  692         (a) A notice of proceeding to establish paternity must
  693  state:
  694         1. That the department has commenced an administrative
  695  proceeding to establish whether the putative father is the
  696  biological father of the child named in the notice.
  697         2. The name and date of birth of the child and the name of
  698  the child’s mother.
  699         3. That the putative father has been named in an affidavit
  700  or written declaration that states the putative father is or may
  701  be the child’s biological father.
  702         4. That the respondent is required to submit to genetic
  703  testing.
  704         5. That genetic testing will establish either a high degree
  705  of probability that the putative father is the biological father
  706  of the child or that the putative father cannot be the
  707  biological father of the child.
  708         6. That if the results of the genetic test do not indicate
  709  a statistical probability of paternity that equals or exceeds 99
  710  percent, the paternity proceeding in connection with that child
  711  shall cease unless a second or subsequent test is required.
  712         7. That if the results of the genetic test indicate a
  713  statistical probability of paternity that equals or exceeds 99
  714  percent, the department may:
  715         a. Issue a proposed order of paternity that the respondent
  716  may consent to or contest at an administrative hearing; or
  717         b. Commence a proceeding, as provided in s. 409.2563, to
  718  establish an administrative support order for the child. Notice
  719  of the proceeding shall be provided to the respondent by regular
  720  mail.
  721         8. That, if the genetic test results indicate a statistical
  722  probability of paternity that equals or exceeds 99 percent and a
  723  proceeding to establish an administrative support order is
  724  commenced, the department shall issue a proposed order that
  725  addresses paternity and child support. The respondent may
  726  consent to or contest the proposed order at an administrative
  727  hearing.
  728         9. That if a proposed order of paternity or proposed order
  729  of both paternity and child support is not contested, the
  730  department shall adopt the proposed order and render a final
  731  order that establishes paternity and, if appropriate, an
  732  administrative support order for the child.
  733         10. That, until the proceeding is ended, the respondent
  734  shall notify the department in writing of any change in the
  735  respondent’s mailing address and that the respondent shall be
  736  deemed to have received any subsequent order, notice, or other
  737  paper mailed to the most recent address provided or, if a more
  738  recent address is not provided, to the address at which the
  739  respondent was served, and that this requirement continues if
  740  the department renders a final order that establishes paternity
  741  and a support order for the child.
  742         11. That the respondent may file an action in circuit court
  743  for a determination of paternity, child support obligations, or
  744  both.
  745         12. That if the respondent files an action in circuit court
  746  and serves the department with a copy of the petition or
  747  complaint within 20 days after being served notice under this
  748  subsection, the administrative process ends without prejudice
  749  and the action must proceed in circuit court.
  750         13. That, if paternity is established, the putative father
  751  may file a petition in circuit court for a determination of
  752  matters relating to custody and rights of parental contact.
  753  
  754  A notice under this paragraph must also notify the respondent of
  755  the provisions in s. 409.2563(4)(n) and (p) s. 409.2563(4)(m)
  756  and (o).
  757         Section 8. Subsection (5) of section 409.2572, Florida
  758  Statutes, is amended to read:
  759         409.2572 Cooperation.—
  760         (5) As used in this section only, the term “applicant for
  761  or recipient of public assistance for a dependent child” refers
  762  to such applicants and recipients of public assistance as
  763  defined in s. 409.2554(12) s. 409.2554(8), with the exception of
  764  applicants for or recipients of Medicaid solely for the benefit
  765  of a dependent child.
  766         Section 9. The Department of Revenue will report to the
  767  Governor, the President of the Senate and the Speaker of the
  768  House of Representatives by December 31, 2018, on the status of
  769  the implementation of this act, how many parenting plans were
  770  entered with administrative support orders, how many parents
  771  were referred to the circuit court to determine a parenting plan
  772  and make recommendations to further implement this act.
  773         Section 10. For the 2017-2018 fiscal year, the sums of
  774  $350,476 in recurring funds and $690,650 in nonrecurring funds
  775  are appropriated from the General Revenue Fund to the Department
  776  of Revenue for the purpose of implementing this act.
  777         Section 11. This act shall take effect January 1, 2018.
  778  
  779  ================= T I T L E  A M E N D M E N T ================
  780  And the title is amended as follows:
  781         Delete everything before the enacting clause
  782  and insert:
  783                        A bill to be entitled                      
  784         An act relating to child support and parenting time
  785         plans; amending s. 409.2551, F.S.; stating legislative
  786         intent to encourage frequent contact between a child
  787         and each parent; amending s. 409.2554, F.S.; defining
  788         terms; amending s. 409.2557, F.S.; authorizing the
  789         Department of Revenue to establish parenting time
  790         plans agreed to by both parents in Title IV-D child
  791         support actions; amending s. 409.2563, F.S.; requiring
  792         the department to mail a Title IV-D Standard Parenting
  793         Time Plan with proposed administrative support orders;
  794         providing requirements for including parenting time
  795         plans in certain administrative orders; creating s.
  796         409.25633, F.S.; providing the purpose and
  797         requirements for a Title IV-D Standard Parenting Time
  798         Plan; requiring the department to refer parents who do
  799         not agree on a parenting time plan to a circuit court;
  800         requiring the department to create and provide a form
  801         for a petition to establish a parenting time plan
  802         under certain circumstances; specifying that the
  803         parents are not required to pay a fee to file the
  804         petition; authorizing the department to adopt rules;
  805         amending s. 409.2564, F.S.; authorizing the department
  806         to incorporate either a signed, agreed-upon parenting
  807         time plan or a signed Title IV-D Standard Parenting
  808         Time Plan in a child support order; amending ss.
  809         409.256 and 409.2572, F.S.; conforming cross
  810         references; providing an appropriation; providing an
  811         effective date.