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The Florida Senate

2007 Florida Statutes

Administrative orders for genetic testing.
Section 409.25645, Florida Statutes 2007

409.25645  Administrative orders for genetic testing.--

(1)  The Department of Revenue is authorized to use administrative orders to require genetic testing in Title IV-D cases. In such cases the department or an authorized agent may issue an administrative order to a putative father who has not voluntarily submitted to genetic testing, directing him to appear for a genetic test to determine the paternity of a child, provided that the department shall have no authority to issue such an order in the absence of an affidavit or written declaration as provided in s. 92.525(2) of the child's mother stating that the putative father is or may be a parent of the child. The administrative order shall state:

(a)  The type of genetic test that will be used.

(b)  The date, time, and place to appear for the genetic test, except as provided in subsection (3).

(c)  That upon failure to appear for the genetic test, or refusal to be tested, the department shall file a petition in circuit court to establish paternity and child support.

(2)  A copy of the affidavit or written declaration which is the basis for the issuance of the administrative order shall be attached to the order. The administrative order is exempt from the hearing provisions in chapter 120, because the person to whom it is directed shall have an opportunity to object in circuit court in the event the Department of Revenue pursues the matter by filing a petition in circuit court. The department may serve the administrative order to appear for a genetic test by regular mail. In any case in which more than one putative father has been identified, the department may proceed under this section with respect to all putative fathers. If the department receives a request from another state Title IV-D agency to assist in the establishment of paternity, the department may cause an administrative order to appear for a genetic test to be served on a putative father who resides in Florida.

(3)  If the putative father is incarcerated, the correctional facility shall assist the putative father in complying with the administrative order, whether issued under this section or s. 409.256

(4)  An administrative order for genetic testing has the same force and effect as a court order.

History.--s. 91, ch. 96-175; s. 11, ch. 96-189; s. 41, ch. 97-98; s. 50, ch. 97-170; s. 32, ch. 2001-158; s. 30, ch. 2005-39.