The Florida Senate

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

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

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

(b)  "Support obligations" includes only those obligations that are being enforced under 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.

(2)  BENEFITS NOT ALIENABLE.--Except as provided in subsection (3), benefits due under this chapter may not be assigned, pledged, encumbered, released, or commuted and, except as otherwise provided in this chapter, are 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.

¹(3)  EXCEPTION, SUPPORT INTERCEPT.--

(a)  Each individual filing a new claim for unemployment compensation must disclose at the time of filing the claim whether she or he owes support obligations that are being enforced by the Department of Revenue. If an applicant discloses that she or he owes support obligations and she or he is determined to be eligible for unemployment compensation benefits, the Agency for Workforce Innovation shall notify the Department of Revenue if the department is enforcing the support obligation. The Department of Revenue shall, at least biweekly, provide the Agency for Workforce Innovation with a magnetic tape or other electronic data file disclosing the individuals who owe support obligations and the amount of any legally required deductions.

(b)  The Agency for Workforce Innovation shall deduct and withhold from any unemployment compensation otherwise payable to an individual disclosed under paragraph (a) who owes support obligations:

1.  The amount determined under an agreement submitted to the Agency for Workforce Innovation under s. 454(19)(B)(i) of the Social Security Act by the Department of Revenue;

2.  The amount required to be deducted and withheld from unemployment compensation through legal process as defined in s. 459 of the Social Security Act; or

3.  The amount otherwise specified by the individual to the Agency for Workforce Innovation to be deducted and withheld under this section.

(c)  The Agency for Workforce Innovation shall pay any amount deducted and withheld under paragraph (b) to the Department of Revenue.

(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 the individual to the Department of Revenue for support obligations.

(e)  The Department of Revenue shall reimburse the Agency for Workforce Innovation for the administrative costs incurred by the agency under this subsection which are attributable to support obligations being enforced by the department.

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; s. 50, ch. 2001-158; s. 20, ch. 2003-36; s. 37, ch. 2005-39.

¹Note.--Section 37, ch. 2005-39, amended subsections (1) and (3), effective July 1, 2006, to read:

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

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

(b)  "Support obligations" includes only those obligations that are being enforced under 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. Support obligations include any legally required payments to reduce delinquencies, arrearages, or retroactive support.

(c)  "Support order" means a judgment, decree, or order, whether temporary or final, issued by a court of competent jurisdiction or administrative agency for the support and maintenance of a child that provides for monetary support, health care, arrearages, or past support. When the child support obligation is being enforced by the Department of Revenue, the term "support order" also means a judgment, decree, or order, whether temporary or final, issued by a court of competent jurisdiction for the support and maintenance of a child and the spouse or former spouse of the obligor with whom the child is living that provides for monetary support, health care, arrearages, or past support.

Note.--Former s. 443.17.