Florida Senate - 2023 CS for SB 536
By the Committee on Children, Families, and Elder Affairs; and
Senator Garcia
586-02299A-23 2023536c1
1 A bill to be entitled
2 An act relating to child support; amending s. 61.046,
3 F.S.; conforming a cross-reference; revising the
4 definition of the term “depository”; amending s.
5 61.13016, F.S.; revising requirements for the
6 deferment of payment agreements for child support;
7 amending s. 61.181, F.S.; revising the procedures for
8 collection and distribution of court depository fees;
9 amending s. 61.1811, F.S.; conforming a cross
10 reference; amending s. 61.30, F.S.; removing
11 exceptions to the prohibition on treating
12 incarceration as voluntary employment; amending s.
13 409.256, F.S.; revising requirements for the
14 Department of Revenue to commence proceedings
15 regarding paternity and child support; amending s.
16 409.2563, F.S.; requiring and specifying procedures
17 for the clerk of the court to credit depository
18 accounts for collections received by another state;
19 providing effective dates.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Subsections (2) and (4) of section 61.046,
24 Florida Statutes, are amended to read:
25 61.046 Definitions.—As used in this chapter, the term:
26 (2) “Clerk of Court Child Support Collection System” or
27 “CLERC System” means the automated system established pursuant
28 to s. 61.1811 s. 61.181(2)(b)1., integrating all clerks of court
29 and depositories and through which payment data and State Case
30 Registry data is transmitted to the department’s automated child
31 support enforcement system.
32 (4) “Depository” means the central governmental depository
33 established by the clerk of the circuit court pursuant to s.
34 61.181, created by special act of the Legislature or other
35 entity established before June 1, 1985, to perform depository
36 functions and to receive, record, report, disburse, monitor, and
37 otherwise handle alimony and child support payments not
38 otherwise required to be processed by the State Disbursement
39 Unit.
40 Section 2. Subsection (1) of section 61.13016, Florida
41 Statutes, is amended to read:
42 61.13016 Suspension of driver licenses and motor vehicle
43 registrations.—
44 (1) The driver license and motor vehicle registration of a
45 support obligor who is delinquent in payment or who has failed
46 to comply with subpoenas or a similar order to appear or show
47 cause relating to paternity or support proceedings may be
48 suspended. When an obligor is 15 days delinquent making a
49 payment in support or failure to comply with a subpoena, order
50 to appear, order to show cause, or similar order in IV-D cases,
51 the Title IV-D agency may provide notice to the obligor of the
52 delinquency or failure to comply with a subpoena, order to
53 appear, order to show cause, or similar order and the intent to
54 suspend by regular United States mail that is posted to the
55 obligor’s last address of record with the Department of Highway
56 Safety and Motor Vehicles. When an obligor is 15 days delinquent
57 in making a payment in support in non-IV-D cases, and upon the
58 request of the obligee, the depository or the clerk of the court
59 must provide notice to the obligor of the delinquency and the
60 intent to suspend by regular United States mail that is posted
61 to the obligor’s last address of record with the Department of
62 Highway Safety and Motor Vehicles. In either case, the notice
63 must state all of the following:
64 (a) The terms of the order creating the support
65 obligation.;
66 (b) The period of the delinquency and the total amount of
67 the delinquency as of the date of the notice or describe the
68 subpoena, order to appear, order to show cause, or other similar
69 order that has not been complied with.;
70 (c) That notification will be given to the Department of
71 Highway Safety and Motor Vehicles to suspend the obligor’s
72 driver license and motor vehicle registration unless, within 20
73 days after the date that the notice is mailed, the obligor:
74 1.a. Pays the delinquency in full and any other costs and
75 fees accrued between the date of the notice and the date the
76 delinquency is paid;
77 b. Enters into a written agreement for payment with the
78 obligee in non-IV-D cases or with the Title IV-D agency in IV-D
79 cases; or in IV-D cases, complies with a subpoena or order to
80 appear, order to show cause, or a similar order, which may
81 include a reasonable period of payment deferral to accommodate
82 an obligor’s good faith job-seeking or job training efforts;
83 c. Files a petition with the circuit court to contest the
84 delinquency action;
85 d. Demonstrates that he or she receives reemployment
86 assistance or unemployment compensation pursuant to chapter 443;
87 e. Demonstrates that he or she is disabled and incapable of
88 self-support or that he or she receives benefits under the
89 federal Supplemental Security Income program or Social Security
90 Disability Insurance program;
91 f. Demonstrates that he or she receives temporary cash
92 assistance pursuant to chapter 414; or
93 g. Demonstrates that he or she is making payments in
94 accordance with a confirmed bankruptcy plan under chapter 11,
95 chapter 12, or chapter 13 of the United States Bankruptcy Code,
96 11 U.S.C. ss. 101 et seq.; and
97 2. Pays any applicable delinquency fees.
98
99 If an obligor in a non-IV-D case enters into a written agreement
100 for payment before the expiration of the 20-day period, the
101 obligor must provide a copy of the signed written agreement to
102 the depository or the clerk of the court. If an obligor seeks to
103 satisfy sub-subparagraph 1.d., sub-subparagraph 1.e., sub
104 subparagraph 1.f., or sub-subparagraph 1.g. before expiration of
105 the 20-day period, the obligor must provide the applicable
106 documentation or proof to the depository or the clerk of the
107 court.
108 Section 3. Paragraph (a) of subsection (1), subsection (2),
109 paragraph (a) of subsection (3), and subsections (4), (8), and
110 (9) of section 61.181, Florida Statutes, are amended to read:
111 61.181 Depository for alimony transactions, support,
112 maintenance, and support payments; fees.—
113 (1)(a) The office of the clerk of the court shall operate a
114 depository unless the depository is otherwise created by special
115 act of the Legislature or unless, prior to June 1, 1985, a
116 different entity was established to perform such functions. The
117 department shall, no later than July 1, 1998, extend
118 participation in the federal child support cost reimbursement
119 program to the central depository in each county, to the maximum
120 extent allowable possible under existing federal law. The
121 depository shall receive reimbursement for services provided
122 under a cooperative agreement with the department pursuant to s.
123 61.1826. Each depository shall participate in the State
124 Disbursement Unit and shall implement all statutory and
125 contractual duties imposed on the State Disbursement Unit. Each
126 depository shall receive from and transmit to the State
127 Disbursement Unit required data through the Clerk of Court Child
128 Support Enforcement Collection System. Payments on non-IV-D non
129 Title IV-D cases without income deduction orders may not shall
130 not be sent to the State Disbursement Unit.
131 (2)(a) The depository shall impose and collect a fee on
132 payments on non-IV-D cases. The fee is 4 percent of the payment,
133 except no fee may be less than $1 or more than $5.25 For
134 payments not required to be processed through the State
135 Disbursement Unit, the depository shall impose and collect a fee
136 on each payment made for receiving, recording, reporting,
137 disbursing, monitoring, or handling alimony or child support
138 payments as required under this section. For non-Title IV-D
139 cases required to be processed by the State Disbursement Unit
140 pursuant to this chapter, the State Disbursement Unit shall, on
141 each payment received, collect a fee, and shall transmit to the
142 depository in which the case is located 40 percent of such
143 service charge for the depository’s administration, management,
144 and maintenance of such case. If a payment is made to the State
145 Disbursement Unit which is not accompanied by the required fee,
146 the State Disbursement Unit shall not deduct any moneys from the
147 support payment for payment of the fee. The fee shall be a flat
148 fee based, to the extent practicable, upon estimated reasonable
149 costs of operation. The fee shall be reduced in any case in
150 which the fixed fee results in a charge to any party of an
151 amount greater than 3 percent of the amount of any support
152 payment made in satisfaction of the amount which the party is
153 obligated to pay, except that no fee shall be less than $1 nor
154 more than $5 per payment made. The court shall consider the fee
155 shall be considered by the court in determining the amount of
156 support that the obligor is, or may be, required to pay. A fee
157 may not be imposed on payments on IV-D cases.
158 (b)1. The fee imposed in paragraph (a) shall be increased
159 to 4 percent of the support payments which the party is
160 obligated to pay, except that no fee shall be more than $5.25.
161 The fee shall be considered by the court in determining the
162 amount of support that the obligor is, or may be, required to
163 pay. Notwithstanding the provisions of s. 145.022, the fee for
164 non-IV-D cases must be distributed 75 percent of the additional
165 revenues generated by this paragraph shall be remitted monthly
166 to the Clerk of the Court Child Support Enforcement Collection
167 System Trust Fund administered by the department as provided in
168 subparagraph 2., calculated as follows:
169 a. For each support payment of less than $33, 18.75 cents.
170 b. For each support payment between $33 and $140 inclusive,
171 an amount equal to 75 percent of the difference between 4
172 percent of the payment amount not to exceed $5.25 and 3 percent
173 of the payment amount not to exceed $5.00.
174 c. For each support payment in excess of $140, 18.75 cents.
175
176 These funds must shall be used exclusively for the development,
177 implementation, and operation of the Clerk of the Court Child
178 Support Enforcement Collection System to be operated by the
179 depositories, including the automation of civil case information
180 necessary for the State Case Registry. The department shall
181 contract with the Florida Association of Court Clerks and the
182 depositories to design, establish, operate, upgrade, and
183 maintain the automation of the depositories to include, but not
184 be limited to, the provision of online electronic transfer of
185 information to the IV-D agency as otherwise required by this
186 chapter. The department’s obligation to fund the automation of
187 the depositories is limited to the state share of funds
188 available in the Clerk of the Court Child Support Enforcement
189 Collection System Trust Fund. Each depository created under this
190 section must shall fully participate in the Clerk of the Court
191 Child Support Enforcement Collection System and transmit data in
192 a readable format as required by the contract between the
193 Florida Association of Court Clerks and the department.
194 2. For payments not processed through the State
195 Disbursement Unit, the clerk of the court shall retain the
196 balance of the fee for receiving, recording, reporting,
197 disbursing, monitoring, or handling alimony or child support
198 payments as required under this section.
199 3. For payments processed through the State Disbursement
200 Unit, the clerk of the court shall retain 40 percent of the fee
201 for the depository’s administration, management, and maintenance
202 of the case. After retaining 40 percent of the fee and paying
203 the amount due to the Clerk of the Court Child Support
204 Enforcement Collection System Trust Fund, the clerk of the court
205 shall transmit the balance of the fee to the department for
206 handling as program income under s. 61.1814.
207 (c) Moneys to be remitted under subparagraphs (b)1. and 3.
208 must be remitted no less often than monthly in accordance with
209 s. 28.245 to the Clerk of the Court Revenue Remittance System.
210 (d) Moneys to be remitted to the department by the
211 depository shall be done daily by electronic funds transfer and
212 calculated as follows:
213 a. For each support payment of less than $33, 18.75 cents.
214 b. For each support payment between $33 and $140, an amount
215 equal to 18.75 percent of the fee charged.
216 c. For each support payment in excess of $140, 18.75 cents.
217 3. The fees established by this section shall be set forth
218 and included in every order of support entered by a court of
219 this state which requires payment to be made into the
220 depository.
221 (3)(a) For payments not required to be processed through
222 the State Disbursement Unit, the depository shall collect and
223 distribute all support payments paid into the depository to the
224 appropriate party. On or after July 1, 1998, If a payment is
225 made on a Title IV-D case which is not accompanied by the
226 required transaction fee, the depository may shall not deduct
227 any moneys from the support payment for payment of the fee.
228 Nonpayment of the required fee shall be considered a
229 delinquency, and when the total of fees and costs which are due
230 but not paid exceeds $50, the judgment by operation of law
231 process set forth in s. 61.14(6)(a) shall become applicable and
232 operational. As part of its collection and distribution
233 functions, the depository shall maintain records listing:
234 1. The obligor’s name, address, social security number,
235 place of employment, and any other sources of income.
236 2. The obligee’s name, address, and social security number.
237 3. The amount of support due as provided in the court
238 order.
239 4. The schedule of payment as provided in the court order.
240 5. The actual amount of each support payment received, the
241 date of receipt, the amount disbursed, and the recipient of the
242 disbursement.
243 6. The unpaid balance of any arrearage due as provided in
244 the court order.
245 7. Other records as necessary to comply with federal
246 reporting requirements.
247 (4) The depository shall provide to the IV-D agency, at
248 least once a month, a listing of IV-D accounts which identifies
249 all delinquent accounts, the period of delinquency, and total
250 amount of delinquency. The list shall be in alphabetical order
251 by name of obligor, shall include the obligee’s name and case
252 number, and shall be provided at no cost to the IV-D agency.
253 (7)(8) On or before July 1, 1994, The depository shall
254 provide information required by this chapter to be transmitted
255 to the Title IV-D agency by online electronic transmission
256 pursuant to rules promulgated by the Title IV-D agency.
257 (9) If the increase in fees as provided by paragraph (2)(b)
258 expires or is otherwise terminated, the depository shall not be
259 required to provide the Title IV-D agency the date provided by a
260 payor as required by s. 61.1301.
261 Section 4. Section 61.1811, Florida Statutes, is amended to
262 read:
263 61.1811 Clerk of the Court Child Support Enforcement
264 Collection System Trust Fund.—There is hereby created the Clerk
265 of the Court Child Support Enforcement Collection System Trust
266 Fund to be used to deposit the department’s share of the fees
267 generated in s. 61.181(2)(b)1 s. 61.181(2)(b).
268 Section 5. Effective upon becoming a law, paragraph (c) of
269 subsection (2) of section 61.30, Florida Statutes, is amended to
270 read:
271 61.30 Child support guidelines; retroactive child support.—
272 (2) Income shall be determined on a monthly basis for each
273 parent as follows:
274 (c) Except for incarceration for willful nonpayment of
275 child support or for an offense against a child or person who is
276 owed child support, Incarceration may not be treated as
277 voluntary unemployment in establishing or modifying a support
278 order. However, the court may deviate from the child support
279 guideline amount as provided in paragraph (1)(a).
280 Section 6. Paragraph (a) of subsection (2) of section
281 409.256, Florida Statutes, is amended to read:
282 409.256 Administrative proceeding to establish paternity or
283 paternity and child support; order to appear for genetic
284 testing.—
285 (2) JURISDICTION; LOCATION OF HEARINGS; RIGHT OF ACCESS TO
286 THE COURTS.—
287 (a) The department may commence a paternity proceeding or a
288 paternity and child support proceeding as provided in subsection
289 (4) if:
290 1. The child’s paternity has not been established.
291 2. No one is named as the father on the child’s birth
292 certificate or the person named as the father is the putative
293 father named in an affidavit or a written declaration as
294 provided in subparagraph 5.
295 3. The child’s mother was unmarried when the child was
296 conceived and born.
297 4. The department is providing services under Title IV-D of
298 the Social Security Act.
299 5. The child’s mother, caregiver, or a putative father has
300 stated in an affidavit, or in a written declaration as provided
301 in s. 92.525(2), that the putative father is or may be the
302 child’s biological father. The affidavit or written declaration
303 must set forth the factual basis for the allegation of paternity
304 as provided in s. 742.12(2).
305 Section 7. Subsection (8) of section 409.2563, Florida
306 Statutes, is amended to read:
307 409.2563 Administrative establishment of child support
308 obligations.—
309 (8) FILING WITH THE CLERK OF THE CIRCUIT COURT; OFFICIAL
310 PAYMENT RECORD; JUDGMENT BY OPERATION OF LAW.—The department
311 shall file with the clerk of the circuit court a copy of an
312 administrative support order rendered under this section. The
313 depository operated pursuant to s. 61.181 for the county where
314 the administrative support order has been filed shall:
315 (a) Act as the official recordkeeper for payments required
316 under the administrative support order;
317 (b) Establish and maintain the necessary payment accounts;
318 (c) Upon a delinquency, initiate the judgment by operation
319 of law procedure as provided by s. 61.14(6); and
320 (d) Perform all other duties required of a depository with
321 respect to a support order entered by a court of this state.
322
323 When a proceeding to establish an administrative support order
324 is commenced under subsection (4), the department shall file a
325 copy of the initial notice with the depository. The depository
326 shall assign an account number and provide the account number to
327 the department within 4 business days after the initial notice
328 is filed. When the department receives a payment record from a
329 IV-D agency or a court in another state, as the term “state” is
330 defined by s. 88.1011, and the payment record shows the obligor
331 made a payment in that state pursuant to an administrative
332 support order rendered by the department, the department shall
333 file the payment record with the clerk of the court depository,
334 requesting the clerk to review the record and update the clerk’s
335 payment accounts, applying credit for payments made to the other
336 state for which the clerk has not previously provided credit. If
337 the payment record from the other state indicates the obligor
338 has made payments that are not reflected in the clerk’s payment
339 accounts, the clerk must credit the account in the amount of the
340 payment made to the other state. A party to the administrative
341 proceeding may dispute the application of credit in a subsequent
342 proceeding concerning payment under the administrative support
343 order.
344 Section 8. Except as otherwise expressly provided in this
345 act and except for this section, which shall take effect upon
346 becoming a law, this act shall take effect July 1, 2023.