Florida Senate - 2017                       CS for CS for SB 590
       
       
        
       By the Committees on Appropriations; and Judiciary; and Senators
       Brandes, Stargel, and Gibson
       
       
       
       
       576-04393-17                                           2017590c2
    1                        A bill to be entitled                      
    2         An act relating to child support and parenting time
    3         plans; amending s. 409.2551, F.S.; providing
    4         legislative intent to encourage frequent contact
    5         between a child and each parent; amending s. 409.2554,
    6         F.S.; defining terms; amending s. 409.2557, F.S.;
    7         authorizing the Department of Revenue to establish
    8         parenting time plans agreed to by both parents in
    9         Title IV-D child support actions; amending s.
   10         409.2563, F.S.; requiring the department to mail a
   11         Title IV-D Standard Parenting Time Plan with proposed
   12         administrative support orders; providing requirements
   13         for including parenting time plans in certain
   14         administrative orders; creating s. 409.25633, F.S.;
   15         providing the purpose and requirements for a Title IV
   16         D Standard Parenting Time Plan; requiring the
   17         department to refer parents who do not agree on a
   18         parenting time plan to a circuit court; requiring the
   19         department to create and provide a form for a petition
   20         to establish a parenting time plan under certain
   21         circumstances; specifying that the parents are not
   22         required to pay a fee to file the petition; requiring
   23         the enforcement or modification of an established
   24         parenting time plan to be sought through a court of
   25         appropriate jurisdiction; authorizing the department
   26         to adopt rules; amending s. 409.2564, F.S.;
   27         authorizing the department to incorporate either a
   28         signed, agreed-upon parenting time plan or a signed
   29         Title IV-D Standard Parenting Time Plan in a child
   30         support order; amending ss. 409.256 and 409.2572,
   31         F.S.; conforming cross-references; requiring the
   32         department to submit a report to the Governor and
   33         Legislature by a specified date; specifying
   34         requirements for the report; providing an
   35         appropriation; providing an effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Section 409.2551, Florida Statutes, is amended
   40  to read:
   41         409.2551 Legislative intent.—Common-law and statutory
   42  procedures governing the remedies for enforcement of support for
   43  financially dependent children by persons responsible for their
   44  support have not proven sufficiently effective or efficient to
   45  cope with the increasing incidence of financial dependency. The
   46  increasing workload of courts, prosecuting attorneys, and the
   47  Attorney General has resulted in a growing burden on the
   48  financial resources of the state, which is constrained to
   49  provide public assistance for basic maintenance requirements
   50  when parents fail to meet their primary obligations. The state,
   51  therefore, exercising its police and sovereign powers, declares
   52  that the common-law and statutory remedies pertaining to family
   53  desertion and nonsupport of dependent children shall be
   54  augmented by additional remedies directed to the resources of
   55  the responsible parents. In order to render resources more
   56  immediately available to meet the needs of dependent children,
   57  it is the legislative intent that the remedies provided herein
   58  are in addition to, and not in lieu of, existing remedies. It is
   59  declared to be the public policy of this state that this act be
   60  construed and administered to the end that children shall be
   61  maintained from the resources of their parents, thereby
   62  relieving, at least in part, the burden presently borne by the
   63  general citizenry through public assistance programs. It is also
   64  the public policy of this state to encourage frequent contact
   65  between a child and each parent to optimize the development of a
   66  close and continuing relationship between each parent and the
   67  child.
   68         Section 2. Section 409.2554, Florida Statutes, is reordered
   69  and amended to read:
   70         409.2554 Definitions; ss. 409.2551-409.2598.—As used in ss.
   71  409.2551-409.2598, the term:
   72         (5)(1) “Department” means the Department of Revenue.
   73         (6)(2) “Dependent child” means any unemancipated person
   74  under the age of 18, any person under the age of 21 and still in
   75  school, or any person who is mentally or physically
   76  incapacitated when such incapacity began before prior to such
   77  person reaching the age of 18. This definition may shall not be
   78  construed to impose an obligation for child support beyond the
   79  child’s attainment of majority except as imposed in s. 409.2561.
   80         (3) “Court” means the circuit court.
   81         (4) “Court order” means any judgment or order of any court
   82  of appropriate jurisdiction of the state, or an order of a court
   83  of competent jurisdiction of another state, ordering payment of
   84  a set or determinable amount of support money.
   85         (7)(5) “Health insurance” means coverage under a fee-for
   86  service arrangement, health maintenance organization, or
   87  preferred provider organization, and other types of coverage
   88  available to either parent, under which medical services could
   89  be provided to a dependent child.
   90         (8)(6) “Obligee” means the person to whom support payments
   91  are made pursuant to an alimony or child support order.
   92         (9)(7) “Obligor” means a person who is responsible for
   93  making support payments pursuant to an alimony or child support
   94  order.
   95         (12)(8) “Public assistance” means money assistance paid on
   96  the basis of Title IV-E and Title XIX of the Social Security
   97  Act, temporary cash assistance, or food assistance benefits
   98  received on behalf of a child under 18 years of age who has an
   99  absent parent.
  100         (10)(9) “Program attorney” means an attorney employed by
  101  the department, under contract with the department, or employed
  102  by a contractor of the department, to provide legal
  103  representation for the department in a proceeding related to the
  104  determination of paternity or the establishment, modification,
  105  or enforcement of support brought pursuant to law.
  106         (11)(10) “Prosecuting attorney” means any private attorney,
  107  county attorney, city attorney, state attorney, program
  108  attorney, or an attorney employed by an entity of a local
  109  political subdivision who engages in legal action related to the
  110  determination of paternity or the establishment, modification,
  111  or enforcement of support brought pursuant to this act.
  112         (13) “State Case Registry” means the automated registry
  113  maintained by the Title IV-D agency, containing records of each
  114  Title IV-D case and of each support order established or
  115  modified in the state on or after October 1, 1998. Such records
  116  must consist of data elements as required by the United States
  117  Secretary of Health and Human Services.
  118         (14) “State Disbursement Unit” means the unit established
  119  and operated by the Title IV-D agency to provide one central
  120  address for collection and disbursement of child support
  121  payments made in cases enforced by the department pursuant to
  122  Title IV-D of the Social Security Act and in cases not being
  123  enforced by the department in which the support order was
  124  initially issued in this state on or after January 1, 1994, and
  125  in which the obligor’s child support obligation is being paid
  126  through income deduction order.
  127         (16) “Title IV-D Standard Parenting Time Plan” means a
  128  document that may be agreed to by the parents to govern the
  129  relationship between the parents and to provide the parent who
  130  owes support a reasonable minimum amount of time with his or her
  131  child. The plan set forth in s. 409.25633 includes timetables
  132  that specify the time, including overnights and holidays, that a
  133  child may spend with each parent.
  134         (15)(11) “Support,” unless otherwise specified, means:
  135         (a) Child support, and, when the child support obligation
  136  is being enforced by the Department of Revenue, spousal support
  137  or alimony for the spouse or former spouse of the obligor with
  138  whom the child is living.
  139         (b) Child support only in cases not being enforced by the
  140  Department of Revenue.
  141         (1)(12) “Administrative costs” means any costs, including
  142  attorney attorney’s fees, clerk’s filing fees, recording fees
  143  and other expenses incurred by the clerk of the circuit court,
  144  service of process fees, or mediation costs, incurred by the
  145  Title IV-D agency in its effort to administer the Title IV-D
  146  program. The administrative costs that which must be collected
  147  by the department shall be assessed on a case-by-case basis
  148  based upon a method for determining costs approved by the
  149  Federal Government. The administrative costs shall be assessed
  150  periodically by the department. The methodology for determining
  151  administrative costs shall be made available to the judge or any
  152  party who requests it. Only those amounts ordered independent of
  153  current support, arrears, or past public assistance obligation
  154  shall be considered and applied toward administrative costs.
  155         (2)(13) “Child support services” includes any civil,
  156  criminal, or administrative action taken by the Title IV-D
  157  program to determine paternity, establish, modify, enforce, or
  158  collect support.
  159         (17)(14) “Undistributable collection” means a support
  160  payment received by the department which the department
  161  determines cannot be distributed to the final intended
  162  recipient.
  163         (18)(15) “Unidentifiable collection” means a payment
  164  received by the department for which a parent, depository or
  165  circuit civil numbers, or source of the payment cannot be
  166  identified.
  167         Section 3. Subsection (2) of section 409.2557, Florida
  168  Statutes, is amended to read:
  169         409.2557 State agency for administering child support
  170  enforcement program.—
  171         (2) The department in its capacity as the state Title IV-D
  172  agency has shall have the authority to take actions necessary to
  173  carry out the public policy of ensuring that children are
  174  maintained from the resources of their parents to the extent
  175  possible. The department’s authority includes shall include, but
  176  is not be limited to, the establishment of paternity or support
  177  obligations, the establishment of a Title IV-D Standard
  178  Parenting Time Plan or any other parenting time plan agreed to
  179  and signed by the parents, and as well as the modification,
  180  enforcement, and collection of support obligations.
  181         Section 4. Subsections (2), (4), (5), and (7) of section
  182  409.2563, Florida Statutes, are amended to read:
  183         409.2563 Administrative establishment of child support
  184  obligations.—
  185         (2) PURPOSE AND SCOPE.—
  186         (a) It is not the Legislature’s intent to limit the
  187  jurisdiction of the circuit courts to hear and determine issues
  188  regarding child support or parenting time. This section is
  189  intended to provide the department with an alternative procedure
  190  for establishing child support obligations and establishing a
  191  parenting time plan only if the parents are in agreement, in
  192  Title IV-D cases in a fair and expeditious manner when there is
  193  no court order of support. The procedures in this section are
  194  effective throughout the state and shall be implemented
  195  statewide.
  196         (b) If the parents do not have an existing time-sharing
  197  schedule or parenting time plan and do not agree to a parenting
  198  time plan, a plan may not be included in the initial
  199  administrative order and the order must include a statement
  200  explaining its absence.
  201         (c) If the parents have a judicially established parenting
  202  time plan, the plan may not be included in the administrative or
  203  initial judicial order.
  204         (d) Any notification provided by the department may not
  205  include a Title IV-D Standard Parenting Time Plan if Florida is
  206  not the child’s home state, when one parent does not reside in
  207  Florida, if either parent has requested nondisclosure for fear
  208  of harm from the other parent, or when the parent who owes
  209  support is incarcerated.
  210         (e)(b) The administrative procedure set forth in this
  211  section concerns only the establishment of child support
  212  obligations and, if agreed to and signed by both parents, a
  213  parenting time plan or Title IV-D Standard Parenting Time Plan.
  214  This section does not grant jurisdiction to the department or
  215  the Division of Administrative Hearings to hear or determine
  216  issues of dissolution of marriage, separation, alimony or
  217  spousal support, termination of parental rights, dependency,
  218  disputed paternity, except for a determination of paternity as
  219  provided in s. 409.256, or award of or change of time-sharing.
  220  If both parents have agreed to and signed a parenting time plan
  221  before the establishment of the administrative support order,
  222  the department or the Division of Administrative Hearings shall
  223  incorporate the agreed-upon parenting time plan into the
  224  administrative support order. This paragraph notwithstanding,
  225  the department and the Division of Administrative Hearings may
  226  make findings of fact that are necessary for a proper
  227  determination of a parent’s support obligation as authorized by
  228  this section.
  229         (f)(c) If there is no support order for a child in a Title
  230  IV-D case whose paternity has been established or is presumed by
  231  law, or whose paternity is the subject of a proceeding under s.
  232  409.256, the department may establish a parent’s child support
  233  obligation pursuant to this section, s. 61.30, and other
  234  relevant provisions of state law. The administrative support
  235  order must include a parenting time plan or Title IV-D Standard
  236  Parenting Time Plan as agreed to and signed by both parents. The
  237  parent’s obligation determined by the department may include any
  238  obligation to pay retroactive support and any obligation to
  239  provide for health care for a child, whether through insurance
  240  coverage, reimbursement of expenses, or both. The department may
  241  proceed on behalf of:
  242         1. An applicant or recipient of public assistance, as
  243  provided by ss. 409.2561 and 409.2567;
  244         2. A former recipient of public assistance, as provided by
  245  s. 409.2569;
  246         3. An individual who has applied for services as provided
  247  by s. 409.2567;
  248         4. Itself or the child, as provided by s. 409.2561; or
  249         5. A state or local government of another state, as
  250  provided by chapter 88.
  251         (g)(d) Either parent, or a caregiver if applicable, may at
  252  any time file a civil action in a circuit court having
  253  jurisdiction and proper venue to determine parental support
  254  obligations, if any. A support order issued by a circuit court
  255  prospectively supersedes an administrative support order
  256  rendered by the department.
  257         (h)(e) Pursuant to paragraph (e) (b), neither the
  258  department nor the Division of Administrative Hearings has
  259  jurisdiction to award or change child custody or rights of
  260  parental contact. The department or the Division of
  261  Administrative Hearings shall incorporate a parenting time plan
  262  or Title IV-D Standard Parenting Time Plan as agreed to and
  263  signed by both parents into the administrative support order.
  264  Either parent may at any time file a civil action in a circuit
  265  having jurisdiction and proper venue for a determination of
  266  child custody and rights of parental contact.
  267         (i)(f) The department shall terminate the administrative
  268  proceeding and file an action in circuit court to determine
  269  support if within 20 days after receipt of the initial notice
  270  the parent from whom support is being sought requests in writing
  271  that the department proceed in circuit court or states in
  272  writing his or her intention to address issues concerning time
  273  sharing or rights to parental contact in court and if within 10
  274  days after receipt of the department’s petition and waiver of
  275  service the parent from whom support is being sought signs and
  276  returns the waiver of service form to the department.
  277         (j)(g) The notices and orders issued by the department
  278  under this section shall be written clearly and plainly.
  279         (4) NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
  280  SUPPORT ORDER.—To commence a proceeding under this section, the
  281  department shall provide to the parent from whom support is not
  282  being sought and serve the parent from whom support is being
  283  sought with a notice of proceeding to establish administrative
  284  support order, a copy of the Title IV-D Standard Parenting Time
  285  Plan, and a blank financial affidavit form. The notice must
  286  state:
  287         (a) The names of both parents, the name of the caregiver,
  288  if any, and the name and date of birth of the child or children;
  289         (b) That the department intends to establish an
  290  administrative support order as defined in this section;
  291         (c) That the department will incorporate a parenting time
  292  plan or Title IV-D Standard Parenting Time Plan, as agreed to
  293  and signed by both parents, into the administrative support
  294  order;
  295         (d)(c) That both parents must submit a completed financial
  296  affidavit to the department within 20 days after receiving the
  297  notice, as provided by paragraph (13)(a);
  298         (e)(d) That both parents, or parent and caregiver if
  299  applicable, are required to furnish to the department
  300  information regarding their identities and locations, as
  301  provided by paragraph (13)(b);
  302         (f)(e) That both parents, or parent and caregiver if
  303  applicable, are required to promptly notify the department of
  304  any change in their mailing addresses to ensure receipt of all
  305  subsequent pleadings, notices, and orders, as provided by
  306  paragraph (13)(c);
  307         (g)(f) That the department will calculate support
  308  obligations based on the child support guidelines schedule in s.
  309  61.30 and using all available information, as provided by
  310  paragraph (5)(a), and will incorporate such obligations into a
  311  proposed administrative support order;
  312         (h)(g) That the department will send by regular mail to
  313  both parents, or parent and caregiver if applicable, a copy of
  314  the proposed administrative support order, the department’s
  315  child support worksheet, and any financial affidavits submitted
  316  by a parent or prepared by the department;
  317         (i)(h) That the parent from whom support is being sought
  318  may file a request for a hearing in writing within 20 days after
  319  the date of mailing or other service of the proposed
  320  administrative support order or will be deemed to have waived
  321  the right to request a hearing;
  322         (j)(i) That if the parent from whom support is being sought
  323  does not file a timely request for hearing after service of the
  324  proposed administrative support order, the department will issue
  325  an administrative support order that incorporates the findings
  326  of the proposed administrative support order, and any agreed
  327  upon parenting time plan. The department will send by regular
  328  mail a copy of the administrative support order and any
  329  incorporated parenting time plan to both parents, or parent and
  330  caregiver if applicable;
  331         (k)(j) That after an administrative support order is
  332  rendered incorporating any agreed-upon parenting time plan, the
  333  department will file a copy of the order with the clerk of the
  334  circuit court;
  335         (l)(k) That after an administrative support order is
  336  rendered, the department may enforce the administrative support
  337  order by any lawful means. The department does not have
  338  jurisdiction to enforce any parenting time plan that is
  339  incorporated into an administrative support order;
  340         (m)(l) That either parent, or caregiver if applicable, may
  341  file at any time a civil action in a circuit court having
  342  jurisdiction and proper venue to determine parental support
  343  obligations, if any, and that a support order issued by a
  344  circuit court supersedes an administrative support order
  345  rendered by the department;
  346         (n)(m) That neither the department nor the Division of
  347  Administrative Hearings has jurisdiction to award or change
  348  child custody or rights of parental contact or time-sharing, and
  349  these issues may be addressed only in circuit court. The
  350  department or the Division of Administrative Hearings may
  351  incorporate, if agreed to and signed by both parents, a
  352  parenting time plan or Title IV-D Standard Parenting Time Plan
  353  when the administrative support order is established.
  354         1. The parent from whom support is being sought may request
  355  in writing that the department proceed in circuit court to
  356  determine his or her support obligations.
  357         2. The parent from whom support is being sought may state
  358  in writing to the department his or her intention to address
  359  issues concerning custody or rights to parental contact in
  360  circuit court.
  361         3. If the parent from whom support is being sought submits
  362  the request authorized in subparagraph 1., or the statement
  363  authorized in subparagraph 2. to the department within 20 days
  364  after the receipt of the initial notice, the department shall
  365  file a petition in circuit court for the determination of the
  366  parent’s child support obligations, and shall send to the parent
  367  from whom support is being sought a copy of its petition, a
  368  notice of commencement of action, and a request for waiver of
  369  service of process as provided in the Florida Rules of Civil
  370  Procedure.
  371         4. If, within 10 days after receipt of the department’s
  372  petition and waiver of service, the parent from whom support is
  373  being sought signs and returns the waiver of service form to the
  374  department, the department shall terminate the administrative
  375  proceeding without prejudice and proceed in circuit court.
  376         5. In any circuit court action filed by the department
  377  pursuant to this paragraph or filed by a parent from whom
  378  support is being sought or other person pursuant to paragraph
  379  (m) (l) or paragraph (o) (n), the department shall be a party
  380  only with respect to those issues of support allowed and
  381  reimbursable under Title IV-D of the Social Security Act. It is
  382  the responsibility of the parent from whom support is being
  383  sought or other person to take the necessary steps to present
  384  other issues for the court to consider;.
  385         (o)(n) That if the parent from whom support is being sought
  386  files an action in circuit court and serves the department with
  387  a copy of the petition within 20 days after being served notice
  388  under this subsection, the administrative process ends without
  389  prejudice and the action must proceed in circuit court; and
  390         (p)(o) Information provided by the Office of State Courts
  391  Administrator concerning the availability and location of self
  392  help programs for those who wish to file an action in circuit
  393  court but who cannot afford an attorney.
  394  
  395  The department may serve the notice of proceeding to establish
  396  an administrative support order and agreed-upon parenting time
  397  plan or Title IV-D Standard Parenting Time Plan by certified
  398  mail, restricted delivery, return receipt requested.
  399  Alternatively, the department may serve the notice by any means
  400  permitted for service of process in a civil action. For purposes
  401  of this section, an authorized employee of the department may
  402  serve the notice and execute an affidavit of service. Service by
  403  certified mail is completed when the certified mail is received
  404  or refused by the addressee or by an authorized agent as
  405  designated by the addressee in writing. If a person other than
  406  the addressee signs the return receipt, the department shall
  407  attempt to reach the addressee by telephone to confirm whether
  408  the notice was received, and the department shall document any
  409  telephonic communications. If someone other than the addressee
  410  signs the return receipt, the addressee does not respond to the
  411  notice, and the department is unable to confirm that the
  412  addressee has received the notice, service is not completed and
  413  the department shall attempt to have the addressee served
  414  personally. The department shall provide the parent from whom
  415  support is not being sought or the caregiver with a copy of the
  416  notice by regular mail to the last known address of the parent
  417  from whom support is not being sought or caregiver.
  418         (5) PROPOSED ADMINISTRATIVE SUPPORT ORDER.—
  419         (a) After serving notice upon a parent in accordance with
  420  subsection (4), the department shall calculate that parent’s
  421  child support obligation under the child support guidelines
  422  schedule as provided by s. 61.30, based on any timely financial
  423  affidavits received and other information available to the
  424  department. If either parent fails to comply with the
  425  requirement to furnish a financial affidavit, the department may
  426  proceed on the basis of information available from any source,
  427  if such information is sufficiently reliable and detailed to
  428  allow calculation of guideline schedule amounts under s. 61.30.
  429  If a parent receives public assistance and fails to submit a
  430  financial affidavit, the department may submit a financial
  431  affidavit or written declaration for that parent pursuant to s.
  432  61.30(15). If there is a lack of sufficient reliable information
  433  concerning a parent’s actual earnings for a current or past
  434  period, it shall be presumed for the purpose of establishing a
  435  support obligation that the parent had an earning capacity equal
  436  to the federal minimum wage during the applicable period.
  437         (b) The department shall send by regular mail to both
  438  parents, or to a parent and caregiver if applicable, copies of
  439  the proposed administrative support order, a copy of the Title
  440  IV-D Standard Parenting Time Plan, its completed child support
  441  worksheet, and any financial affidavits submitted by a parent or
  442  prepared by the department. The proposed administrative support
  443  order must contain the same elements as required for an
  444  administrative support order under paragraph (7)(e).
  445         (c) The department shall provide a notice of rights with
  446  the proposed administrative support order, which notice must
  447  inform the parent from whom support is being sought that:
  448         1. The parent from whom support is being sought may, within
  449  20 days after the date of mailing or other service of the
  450  proposed administrative support order, request a hearing by
  451  filing a written request for hearing in a form and manner
  452  specified by the department;
  453         2. If the parent from whom support is being sought files a
  454  timely request for a hearing, the case shall be transferred to
  455  the Division of Administrative Hearings, which shall conduct
  456  further proceedings and may enter an administrative support
  457  order;
  458         3. A parent from whom support is being sought who fails to
  459  file a timely request for a hearing shall be deemed to have
  460  waived the right to a hearing, and the department may render an
  461  administrative support order pursuant to paragraph (7)(b);
  462         4. The parent from whom support is being sought may consent
  463  in writing to entry of an administrative support order without a
  464  hearing;
  465         5. The parent from whom support is being sought may, within
  466  10 days after the date of mailing or other service of the
  467  proposed administrative support order, contact a department
  468  representative, at the address or telephone number specified in
  469  the notice, to informally discuss the proposed administrative
  470  support order and, if informal discussions are requested timely,
  471  the time for requesting a hearing will be extended until 10 days
  472  after the department notifies the parent that the informal
  473  discussions have been concluded; and
  474         6. If an administrative support order that establishes a
  475  parent’s support obligation and incorporates either a parenting
  476  time plan or Title IV-D Standard Parenting Time Plan agreed to
  477  and signed by both parents is rendered, whether after a hearing
  478  or without a hearing, the department may enforce the
  479  administrative support order by any lawful means. The department
  480  does not have the jurisdiction or authority to enforce a
  481  parenting time plan.
  482         (d) If, after serving the proposed administrative support
  483  order but before a final administrative support order is
  484  rendered, the department receives additional information that
  485  makes it necessary to amend the proposed administrative support
  486  order, it shall prepare an amended proposed administrative
  487  support order, with accompanying amended child support
  488  worksheets and other material necessary to explain the changes,
  489  and follow the same procedures set forth in paragraphs (b) and
  490  (c).
  491         (7) ADMINISTRATIVE SUPPORT ORDER.—
  492         (a) If a hearing is held, the administrative law judge of
  493  the Division of Administrative Hearings shall issue an
  494  administrative support order that will include a parenting time
  495  plan or Title IV-D Standard Parenting Time Plan agreed to and
  496  signed by both parents, or a final order denying an
  497  administrative support order, which constitutes final agency
  498  action by the department. The Division of Administrative
  499  Hearings shall transmit any such order to the department for
  500  filing and rendering.
  501         (b) If the parent from whom support is being sought does
  502  not file a timely request for a hearing, the parent will be
  503  deemed to have waived the right to request a hearing.
  504         (c) If the parent from whom support is being sought waives
  505  the right to a hearing, or consents in writing to the entry of
  506  an order without a hearing, the department may render an
  507  administrative support order that will include a parenting time
  508  plan or Title IV-D Standard Parenting Time Plan agreed to and
  509  signed by both parents.
  510         (d) The department shall send by regular mail a copy of the
  511  administrative support order that will include a parenting time
  512  plan or Title IV-D Standard Parenting Time Plan agreed to and
  513  signed by both parents, or the final order denying an
  514  administrative support order, to both parents, or a parent and
  515  caregiver if applicable. The parent from whom support is being
  516  sought shall be notified of the right to seek judicial review of
  517  the administrative support order in accordance with s. 120.68.
  518         (e) An administrative support order must comply with ss.
  519  61.13(1) and 61.30. The department shall develop a standard form
  520  or forms for administrative support orders. An administrative
  521  support order must provide and state findings, if applicable,
  522  concerning:
  523         1. The full name and date of birth of the child or
  524  children;
  525         2. The name of the parent from whom support is being sought
  526  and the other parent or caregiver;
  527         3. The parent’s duty and ability to provide support;
  528         4. The amount of the parent’s monthly support obligation;
  529         5. Any obligation to pay retroactive support;
  530         6. The parent’s obligation to provide for the health care
  531  needs of each child, whether through health insurance,
  532  contribution toward the cost of health insurance, payment or
  533  reimbursement of health care expenses for the child, or any
  534  combination thereof;
  535         7. The beginning date of any required monthly payments and
  536  health insurance;
  537         8. That all support payments ordered must be paid to the
  538  Florida State Disbursement Unit as provided by s. 61.1824;
  539         9. That the parents, or caregiver if applicable, must file
  540  with the department when the administrative support order is
  541  rendered, if they have not already done so, and update as
  542  appropriate the information required pursuant to paragraph
  543  (13)(b);
  544         10. That both parents, or parent and caregiver if
  545  applicable, are required to promptly notify the department of
  546  any change in their mailing addresses pursuant to paragraph
  547  (13)(c); and
  548         11. That if the parent ordered to pay support receives
  549  reemployment assistance or unemployment compensation benefits,
  550  the payor shall withhold, and transmit to the department, 40
  551  percent of the benefits for payment of support, not to exceed
  552  the amount owed.
  553  
  554  An income deduction order as provided by s. 61.1301 must be
  555  incorporated into the administrative support order or, if not
  556  incorporated into the administrative support order, the
  557  department or the Division of Administrative Hearings shall
  558  render a separate income deduction order.
  559         Section 5. Section 409.25633, Florida Statutes, is created
  560  to read:
  561         409.25633Title IV-D Standard Parenting Time Plans.—The
  562  best interest of the child is the primary consideration of the
  563  parenting plan and special consideration should be given to the
  564  age and needs of each child. There is no presumption for or
  565  against the father or mother of the child or for or against any
  566  specific time-sharing schedule when a parenting time plan is
  567  created.
  568         (1) A Title IV-D Standard Parenting Time Plan shall be
  569  presented to the parents in any administrative action taken by
  570  the Title IV-D program to establish or modify child support or
  571  to determine paternity. If the parents agree to the Title IV-D
  572  Standard Parenting Time Plan or to another parenting time plan,
  573  the plan must be signed by the parents and incorporated into the
  574  administrative order. If the parents do not agree to a Title IV
  575  D Standard Parenting Time Plan or if an agreed-upon parenting
  576  time plan is not included, the Department of Revenue must enter
  577  an administrative support order and refer the parents to the
  578  court of appropriate jurisdiction to establish a parenting time
  579  plan. The department must note on the referral that an
  580  administrative support order has been entered. If a parenting
  581  time plan is not included in the administrative support order
  582  entered pursuant to s. 409.2563, the department must provide
  583  information to the parents on the process to establish such a
  584  plan.
  585         (2) After the incorporation of an agreed-upon parenting
  586  time plan into an administrative order, a modification or
  587  enforcement of the parenting time plan may be sought through a
  588  court of appropriate jurisdiction.
  589         (3) The parent who owes support is entitled to parenting
  590  time with the child. If the parents do not have a signed,
  591  agreed-upon parenting time plan, the following Title IV-D
  592  Standard Parenting Time Plan must be incorporated into an
  593  administrative support order if agreed to and signed by the
  594  parents:
  595         (a) Every other weekend.—The second and fourth full weekend
  596  of the month from 6 p.m. on Friday through 6 p.m. on Sunday. The
  597  weekends may begin upon the child’s release from school on
  598  Friday and end on Sunday at 6 p.m. or when the child returns to
  599  school on Monday morning. The weekend time may be extended by
  600  holidays that fall on Friday or Monday;
  601         (b) One evening per week.—One weekday beginning at 6 p.m.
  602  and ending at 8 p.m. or, if both parents agree, from when the
  603  child is released from school until 8 p.m.;
  604         (c) Thanksgiving break.—In even-numbered years, the
  605  Thanksgiving break from 6 p.m. on the Wednesday before
  606  Thanksgiving until 6 p.m. on the Sunday following Thanksgiving.
  607  If both parents agree, the Thanksgiving break parenting time may
  608  begin upon the child’s release from school and end upon the
  609  child’s return to school the following Monday;
  610         (d) Winter break.—In odd-numbered years, the first half of
  611  winter break, from the child’s release from school, beginning at
  612  6 p.m. or, if both parents agree, upon the child’s release from
  613  school, until noon on December 26. In even-numbered years, the
  614  second half of winter break from noon on December 26 until 6
  615  p.m. on the day before school resumes or, if both parents agree,
  616  upon the child’s return to school;
  617         (e) Spring break.—In even-numbered years, the week of
  618  spring break from 6 p.m. the day the child is released from
  619  school until 6 p.m. the night before school resumes. If both
  620  parents agree, the spring break parenting time may begin upon
  621  the child’s release from school and end upon the child’s return
  622  to school the following Monday; and
  623         (f) Summer break.—For 2 weeks in the summer beginning at 6
  624  p.m. the first Sunday following the last day of school.
  625         (4) In the event the parents have not agreed on a parenting
  626  schedule at the time of the child support hearing, the
  627  department shall enter an administrative support order and refer
  628  the parents to a court of appropriate jurisdiction for the
  629  establishment of a parenting time plan.
  630         (5) The Title IV-D Standard Parenting Time Plan is not
  631  intended for the use by, and may not be provided to, parents and
  632  families with domestic or family violence concerns.
  633         (6) If, after the incorporation of an agreed-upon parenting
  634  time plan into an administrative support order, a parent becomes
  635  concerned about the safety of the child during the child’s time
  636  with the other parent, a modification of the parenting time plan
  637  may be sought through a court of appropriate jurisdiction.
  638         (7) The department shall create and provide a form for a
  639  petition to establish a parenting time plan for parents who have
  640  not agreed on a parenting schedule at the time of the child
  641  support hearing. The department shall provide the form to the
  642  parents, but may not file the petition or represent either
  643  parent at the hearing.
  644         (8) The parents may not be required to pay a fee to file
  645  the petition to establish a parenting plan.
  646         (9) The department may adopt rules to implement and
  647  administer this section.
  648         Section 6. Subsections (1) and (2) of section 409.2564,
  649  Florida Statutes, are amended to read:
  650         409.2564 Actions for support.—
  651         (1) In each case in which regular support payments are not
  652  being made as provided herein, the department shall institute,
  653  within 30 days after determination of the obligor’s reasonable
  654  ability to pay, action as is necessary to secure the obligor’s
  655  payment of current support, and any arrearage that which may
  656  have accrued under an existing order of support, and, if a
  657  parenting time plan was not incorporated into the existing order
  658  of support, include either a signed, agreed-upon parenting time
  659  plan or a signed Title IV-D Standard Parenting Time Plan, if
  660  appropriate. The department shall notify the program attorney in
  661  the judicial circuit in which the recipient resides setting
  662  forth the facts in the case, including the obligor’s address, if
  663  known, and the public assistance case number. Whenever
  664  applicable, the procedures established under the provisions of
  665  chapter 88, Uniform Interstate Family Support Act, chapter 61,
  666  Dissolution of Marriage; Support; Time-sharing, chapter 39,
  667  Proceedings Relating to Children, chapter 984, Children and
  668  Families in Need of Services, and chapter 985, Delinquency;
  669  Interstate Compact on Juveniles, may govern actions instituted
  670  under the provisions of this act, except that actions for
  671  support under chapter 39, chapter 984, or chapter 985 brought
  672  pursuant to this act shall not require any additional
  673  investigation or supervision by the department.
  674         (2) The order for support entered pursuant to an action
  675  instituted by the department under the provisions of subsection
  676  (1) shall require that the support payments be made periodically
  677  to the department through the depository. An order for support
  678  entered under subsection (1) must include either a signed,
  679  agreed-upon parenting time plan or a signed Title IV-D Standard
  680  Parenting Time Plan, if appropriate. Upon receipt of a payment
  681  made by the obligor pursuant to any order of the court, the
  682  depository shall transmit the payment to the department within 2
  683  working days, except those payments made by personal check which
  684  shall be disbursed in accordance with s. 61.181. Upon request,
  685  the depository shall furnish to the department a certified
  686  statement of all payments made by the obligor. Such statement
  687  shall be provided by the depository at no cost to the
  688  department.
  689         Section 7. Paragraph (g) of subsection (2) and paragraph
  690  (a) of subsection (4) of section 409.256, Florida Statutes, are
  691  amended to read:
  692         409.256 Administrative proceeding to establish paternity or
  693  paternity and child support; order to appear for genetic
  694  testing.—
  695         (2) JURISDICTION; LOCATION OF HEARINGS; RIGHT OF ACCESS TO
  696  THE COURTS.—
  697         (g) Section 409.2563(2)(h), (i), and (j) 409.2563(2)(e),
  698  (f), and (g) apply to a proceeding under this section.
  699         (4) NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR
  700  PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC
  701  TESTING; MANNER OF SERVICE; CONTENTS.—The Department of Revenue
  702  shall commence a proceeding to determine paternity, or a
  703  proceeding to determine both paternity and child support, by
  704  serving the respondent with a notice as provided in this
  705  section. An order to appear for genetic testing may be served at
  706  the same time as a notice of the proceeding or may be served
  707  separately. A copy of the affidavit or written declaration upon
  708  which the proceeding is based shall be provided to the
  709  respondent when notice is served. A notice or order to appear
  710  for genetic testing shall be served by certified mail,
  711  restricted delivery, return receipt requested, or in accordance
  712  with the requirements for service of process in a civil action.
  713  Service by certified mail is completed when the certified mail
  714  is received or refused by the addressee or by an authorized
  715  agent as designated by the addressee in writing. If a person
  716  other than the addressee signs the return receipt, the
  717  department shall attempt to reach the addressee by telephone to
  718  confirm whether the notice was received, and the department
  719  shall document any telephonic communications. If someone other
  720  than the addressee signs the return receipt, the addressee does
  721  not respond to the notice, and the department is unable to
  722  confirm that the addressee has received the notice, service is
  723  not completed and the department shall attempt to have the
  724  addressee served personally. For purposes of this section, an
  725  employee or an authorized agent of the department may serve the
  726  notice or order to appear for genetic testing and execute an
  727  affidavit of service. The department may serve an order to
  728  appear for genetic testing on a caregiver. The department shall
  729  provide a copy of the notice or order to appear by regular mail
  730  to the mother and caregiver, if they are not respondents.
  731         (a) A notice of proceeding to establish paternity must
  732  state:
  733         1. That the department has commenced an administrative
  734  proceeding to establish whether the putative father is the
  735  biological father of the child named in the notice.
  736         2. The name and date of birth of the child and the name of
  737  the child’s mother.
  738         3. That the putative father has been named in an affidavit
  739  or written declaration that states the putative father is or may
  740  be the child’s biological father.
  741         4. That the respondent is required to submit to genetic
  742  testing.
  743         5. That genetic testing will establish either a high degree
  744  of probability that the putative father is the biological father
  745  of the child or that the putative father cannot be the
  746  biological father of the child.
  747         6. That if the results of the genetic test do not indicate
  748  a statistical probability of paternity that equals or exceeds 99
  749  percent, the paternity proceeding in connection with that child
  750  shall cease unless a second or subsequent test is required.
  751         7. That if the results of the genetic test indicate a
  752  statistical probability of paternity that equals or exceeds 99
  753  percent, the department may:
  754         a. Issue a proposed order of paternity that the respondent
  755  may consent to or contest at an administrative hearing; or
  756         b. Commence a proceeding, as provided in s. 409.2563, to
  757  establish an administrative support order for the child. Notice
  758  of the proceeding shall be provided to the respondent by regular
  759  mail.
  760         8. That, if the genetic test results indicate a statistical
  761  probability of paternity that equals or exceeds 99 percent and a
  762  proceeding to establish an administrative support order is
  763  commenced, the department shall issue a proposed order that
  764  addresses paternity and child support. The respondent may
  765  consent to or contest the proposed order at an administrative
  766  hearing.
  767         9. That if a proposed order of paternity or proposed order
  768  of both paternity and child support is not contested, the
  769  department shall adopt the proposed order and render a final
  770  order that establishes paternity and, if appropriate, an
  771  administrative support order for the child.
  772         10. That, until the proceeding is ended, the respondent
  773  shall notify the department in writing of any change in the
  774  respondent’s mailing address and that the respondent shall be
  775  deemed to have received any subsequent order, notice, or other
  776  paper mailed to the most recent address provided or, if a more
  777  recent address is not provided, to the address at which the
  778  respondent was served, and that this requirement continues if
  779  the department renders a final order that establishes paternity
  780  and a support order for the child.
  781         11. That the respondent may file an action in circuit court
  782  for a determination of paternity, child support obligations, or
  783  both.
  784         12. That if the respondent files an action in circuit court
  785  and serves the department with a copy of the petition or
  786  complaint within 20 days after being served notice under this
  787  subsection, the administrative process ends without prejudice
  788  and the action must proceed in circuit court.
  789         13. That, if paternity is established, the putative father
  790  may file a petition in circuit court for a determination of
  791  matters relating to custody and rights of parental contact.
  792  
  793  A notice under this paragraph must also notify the respondent of
  794  the provisions in s. 409.2563(4)(n) and (p) s. 409.2563(4)(m)
  795  and (o).
  796         Section 8. Subsection (5) of section 409.2572, Florida
  797  Statutes, is amended to read:
  798         409.2572 Cooperation.—
  799         (5) As used in this section only, the term “applicant for
  800  or recipient of public assistance for a dependent child” refers
  801  to such applicants and recipients of public assistance as
  802  defined in s. 409.2554(12) s. 409.2554(8), with the exception of
  803  applicants for or recipients of Medicaid solely for the benefit
  804  of a dependent child.
  805         Section 9. The Department of Revenue shall report to the
  806  Governor, the President of the Senate, and the Speaker of the
  807  House of Representatives by December 31, 2018, on the status of
  808  the implementation of this act, including the number of
  809  parenting plans entered with administrative support orders and
  810  the number of parents referred to the circuit court to determine
  811  a parenting plan. The report must include recommendations to
  812  facilitate further implementation of this act.
  813         Section 10. For the 2017-2018 fiscal year, the sums of
  814  $350,476 in recurring funds and $690,650 in nonrecurring funds
  815  are appropriated from the General Revenue Fund to the Department
  816  of Revenue for the purpose of implementing this act.
  817         Section 11. This act shall take effect January 1, 2018.