The Florida Senate

443.051  Benefits not alienable; exception, child support intercept.--

(1)  DEFINITIONS.--As used in this section:

(a)  "Unemployment compensation" means any compensation payable under the state law, including amounts payable pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment.

(b)  "Child support obligations" includes only obligations which are being enforced pursuant to a plan described in s. 454 of the Social Security Act which has been approved by the Secretary of Health and Human Services under Part D of Title IV of the Social Security Act.

(c)  "State or local child support enforcement agency" means any agency of a state or political subdivision thereof which enforces child support obligations.

(2)  BENEFITS NOT ALIENABLE.--Except as provided in subsection (3), benefits due under this chapter shall not be assigned, pledged, encumbered, released, or commuted and shall, except as otherwise provided in this chapter, be exempt from all claims of creditors and from levy, execution, or attachment, or other remedy for recovery or collection of a debt, which exemption may not be waived.

(3)  EXCEPTION, CHILD SUPPORT INTERCEPT.--

(a)  The division shall require each individual filing a new claim for unemployment compensation to disclose at the time of filing such claim whether or not she or he owes child support obligations which are being enforced by a state or local child support enforcement agency. If any applicant discloses that she or he owes child support obligations and she or he is determined to be eligible for unemployment compensation benefits, the division shall notify the state or local child support enforcement agency enforcing such obligation.

(b)  The division shall deduct and withhold from any unemployment compensation otherwise payable to an individual who owes child support obligations:

1.  The amount specified by the individual to the division to be deducted and withheld under this section;

2.  The amount determined pursuant to an agreement submitted to the division under s. 454(20)(B)(i) of the Social Security Act by the state or local child support enforcement agency; or

3.  Any amount otherwise required to be deducted and withheld from such unemployment compensation through legal process as defined in s. 459 of the Social Security Act.

(c)  The division shall pay any amount deducted and withheld under paragraph (b) to the appropriate state or local child support enforcement agency.

(d)  Any amount deducted and withheld under this subsection shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by such individual to the state or local child support enforcement agency for child support obligations.

(e)  Each state or local child support enforcement agency shall reimburse the state agency charged with the administration of the Unemployment Compensation Law for the administrative costs incurred by the division under this subsection which are attributable to child support obligations being enforced by the state or local child support enforcement agency.

History.--s. 17, ch. 18402, 1937; CGL 1940 Supp. 4151(504); ss. 1, 8, 9, ch. 80-95; s. 1, ch. 82-91; s. 75, ch. 83-218; s. 141, ch. 97-103; s. 35, ch. 98-397.

Note.--Former s. 443.17.