CODING: Words stricken are deletions; words underlined are additions.House Bill 2031
Florida House of Representatives - 1997 HB 2031
By the Committee on Family Law & Children and
Representatives Lynn, Frankel, Effman, Sindler, Wise, Brown,
Sanderson, Harrington and Chestnut
1 A bill to be entitled
2 An act relating to child support enforcement;
3 amending s. 61.046, F.S.; defining the term
4 "State Case Registry"; amending ss. 61.052,
5 382.008, 455.213, 455.2141, and 741.04, F.S.;
6 requiring the inclusion of a person's social
7 security number in judgments for dissolution of
8 marriage, in death certificates, in certain
9 licensing provisions, and in certain other
10 provisions of law; amending s. 61.13, F.S.;
11 revising language with respect to orders for
12 child support; amending s. 61.1301, F.S.;
13 revising language with respect to income
14 deduction; providing for income deduction
15 notice; amending s. 61.13016, F.S.; revising
16 notification requirements with respect to the
17 suspension of the driver's license of a child
18 support obligor; amending s. 61.1354, F.S.;
19 revising language with respect to the sharing
20 of information between consumer reporting
21 agencies and the IV-D agency; amending s.
22 61.14, F.S.; providing for the modification of
23 certain support orders without a substantial
24 change of circumstances; providing that certain
25 final judgments by operation of law shall be a
26 lien on real and personal property; providing
27 that workers' compensation payments are not
28 exempt from garnishment, attachment, execution,
29 and assignment of income for the purpose of
30 enforcing child or spousal support obligations;
31 amending s. 61.181, F.S.; extending a date with
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1 respect to the central depository for
2 receiving, recording, reporting, monitoring,
3 and disbursing alimony, support, maintenance,
4 and child support payments; amending s.
5 61.1812, F.S.; revising language with respect
6 to the Child Support Incentive Trust Fund;
7 amending s. 61.1814, F.S.; changing the name of
8 the Child Support Enforcement Application and
9 User Fee Trust Fund to the Child Support
10 Enforcement Application and Program Revenue
11 Trust Fund; amending s. 61.30, F.S.; providing
12 that in certain Title IV-D cases no change of
13 circumstances need to be proven to warrant a
14 modification in child support payments;
15 providing for retroactive child support under
16 certain circumstances; providing that the
17 Legislature shall review the child support
18 guidelines at least every 4 years beginning in
19 1997; creating the Task Force on Child Support
20 Guidelines; providing for appointment, powers,
21 and duties; providing for a report; amending s.
22 88.1011, F.S.; revising definitions with
23 respect to the Uniform Interstate Family
24 Support Act; amending ss. 88.1021, 88.2031, and
25 88.3031, F.S.; conforming to the act; amending
26 s. 88.2051, F.S., relating to continuing
27 exclusive jurisdiction; amending s. 88.2071,
28 F.S.; providing for the recognition of
29 controlling child support orders; amending s.
30 88.3011, F.S.; correcting a cross reference;
31 amending s. 88.3041, F.S.; providing a
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1 procedure when a responding state has not
2 enacted a law similar to the Uniform Interstate
3 Family Support Act; amending ss. 88.3051,
4 88.3061, 88.3071, and 88.6061, F.S.; deleting
5 reference to first class mail for certain
6 notification; amending s. 88.5011, F.S.;
7 providing for the employer's receipt of an
8 income-withholding order of another state;
9 creating s. 88.50211, F.S., relating to the
10 employer's compliance with the
11 income-withholding order of another state;
12 creating s. 88.5031, F.S.; providing for
13 compliance with multiple income-withholding
14 orders; creating s. 88.5041, F.S.; providing
15 for immunity from civil liability; creating s.
16 88.5051, F.S.; providing for penalties for
17 noncompliance; creating s. 88.5061, F.S.;
18 providing for the contest by the obligor of the
19 validity of enforcement of an
20 income-withholding order under certain
21 circumstances; transferring and renumbering s.
22 88.5021, F.S., to conform to the act; amending
23 s. 88.6051, F.S.; revising language with
24 respect to notice of registration of order;
25 amending s. 88.6111, F.S.; revising language
26 with respect to modification of a child support
27 order of another state; amending s. 88.6121,
28 F.S., relating to the recognition of an order
29 modified in another state; creating s. 88.6131,
30 F.S.; providing for jurisdiction to modify the
31 child support order of another state when
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1 individual parties reside in this state;
2 creating s. 88.6141, F.S.; providing for notice
3 to the issuing tribunal of modifications;
4 amending s. 88.7011, F.S.; revising language
5 with respect to proceeding to determine
6 parentage; creating s. 88.9051, F.S.; providing
7 for rules; amending s. 213.053, F.S.; revising
8 language with respect to confidentiality and
9 information sharing by the Department of
10 Revenue; amending ss. 231.17, 402.308, 548.021,
11 and 626.171, F.S.; requiring the inclusion of
12 the applicant's social security number on
13 applications for teaching certificates, child
14 care facility licenses, a license or permit
15 issued by the State Athletic Commission, and
16 certain insurance licenses; amending s. 320.05,
17 F.S.; directing the Department of Highway
18 Safety and Motor Vehicles to disclose certain
19 information to child support enforcing
20 agencies; amending s. 382.013, F.S.; providing
21 for the use of certain information regarding
22 registered births; providing for certain
23 information to be given to unwed mothers;
24 amending ss. 383.0112, 383.0113, and 383.216,
25 F.S., relating to the Commission on Responsible
26 Fatherhood; postponing date of a statewide
27 symposium; revising appointment of commission
28 members; providing terms; providing for
29 assignment to the Department of Health;
30 providing for inclusion of certain programs in
31 the plan of each prenatal and infant health
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1 care coalition; amending s. 409.2554, F.S.;
2 correcting a cross reference; creating s.
3 409.25575, F.S.; providing for the
4 privatization of child support enforcement;
5 amending s. 409.2561, F.S.; revising language
6 with respect to reimbursement for public
7 assistance payments made for support of a
8 child; amending s. 409.2564, F.S.; revising
9 language with respect to actions for support;
10 creating s. 409.25641, F.S.; providing
11 procedures for processing interstate
12 enforcement requests; amending s. 409.25645,
13 F.S.; authorizing the use of administrative
14 orders to require genetic testing in Title IV-D
15 cases; amending s. 409.25656, F.S.; revising
16 language with respect to garnishment; creating
17 s. 409.25657, F.S.; providing requirements for
18 financial institutions; amending s. 409.2567,
19 F.S.; revising language with respect to
20 services to individuals not otherwise entitled
21 to delete reference to paternity determination;
22 amending s. 409.2574, F.S.; directing the
23 department to serve notice on the obligor with
24 respect to income deduction notice; creating s.
25 409.2576, F.S.; creating a State Directory of
26 New Hires; providing definitions, reports, and
27 data; providing for service of deduction
28 notices; providing disclosure; providing for
29 rulemaking; amending s. 409.2577, F.S.;
30 revising language with respect to the parent
31 locator service; providing for certain
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1 notification; creating s. 409.2578, F.S.;
2 providing for access to employment information;
3 providing administrative fines; amending s.
4 409.2579, F.S.; revising language with respect
5 to safeguarding Title IV-D case file
6 information; amending s. 409.2598, F.S.,
7 relating to suspension or denial of new or
8 renewal licenses, registrations, and
9 certification; amending s. 414.028, F.S.;
10 providing criteria to be used by the local
11 WAGES coalition to develop and coordinate the
12 financial plan; amending s. 443.171, F.S.,
13 relating to records and reports of employing
14 units with respect to unemployment
15 compensation; amending s. 443.1715, F.S.,
16 relating to the disclosure of certain
17 information with respect to unemployment
18 compensation; amending s. 742.031, F.S.;
19 providing for the recording of each parties
20 social security number on the order
21 adjudicating paternity; providing that certain
22 bills are admissible in evidence; providing
23 requirements with respect to a judgment of
24 paternity which does not contain an explicit
25 award of custody; providing for temporary
26 orders of child support; creating s. 742.032,
27 F.S.; providing for the filing of location
28 information; amending s. 742.10, F.S.;
29 providing that certain persons may rescind an
30 acknowledgment of paternity under certain
31 circumstances; providing for certain rules;
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1 providing for the effect of a signed voluntary
2 acknowledgement of paternity; amending s.
3 742.105, F.S., relating to the effect of a
4 determination of paternity from a foreign
5 jurisdiction; amending s. 742.12, F.S.;
6 revising language with respect to scientific
7 testing to determine paternity; amending s.
8 744.301, F.S.; revising language with respect
9 to natural guardians; amending s. 943.053,
10 F.S.; directing the Department of Law
11 Enforcement to disclose certain information to
12 the child support enforcement agency; exempting
13 the Department of Revenue from the provisions
14 of certain statutes to expedite the acquisition
15 of goods and services and the leasing of
16 facilities for the implementation of the act;
17 directing the department to develop a draft
18 request for a state disbursement unit and a
19 state case registry; providing for a report;
20 providing legislative findings with respect to
21 protection of applicants and recipients of
22 certain public assistance; repealing s.
23 443.175, F.S., relating to pilot projects;
24 providing effective dates.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsection (13) is added to section 61.046,
29 Florida Statutes, 1996 Supplement, to read:
30 61.046 Definitions.--As used in this chapter:
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1 (13) "State Case Registry" means a registry maintained
2 by the Title IV-D agency for information related to paternity
3 and child support orders for Title IV-D. Beginning October 1,
4 1998, information related to non-Title IV-D cases established
5 or modified in the state shall be maintained in the registry.
6 Section 2. Subsections (7) and (8) are added to
7 section 61.052, Florida Statutes, 1996 Supplement, to read:
8 61.052 Dissolution of marriage.--
9 (7) In the initial pleading for a dissolution of
10 marriage as a separate attachment to the pleading, each party
11 is required to provide his or her social security number.
12 (8) Pursuant to the federal Personal Responsibility
13 and Work Opportunity Reconciliation Act of 1996, each party is
14 required to provide his or her social security number in
15 accordance with this section. Disclosure of social security
16 numbers obtained through this requirement shall be limited to
17 the purpose of administration of the Title IV-D program for
18 child support enforcement.
19 Section 3. Paragraph (b) of subsection (1) of section
20 61.13, Florida Statutes, 1996 Supplement, is amended, and
21 subsections (9) and (10) are added to said section, to read:
22 61.13 Custody and support of children; visitation
23 rights; power of court in making orders.--
24 (1)
25 (b) Each order for child support shall contain a
26 provision for health insurance for the minor child when the
27 insurance is reasonably available. Insurance is reasonably
28 available if either the obligor or the obligee has access at a
29 reasonable rate to group insurance. The court may require the
30 obligor either to provide health insurance coverage or to
31 reimburse the obligee for the cost of health insurance
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1 coverage for the minor child when coverage is provided by the
2 obligee. In either event, the court shall apportion the cost
3 of coverage to both parties by adding the cost to the basic
4 obligation determined pursuant to s. 61.30(6).
5 1. A copy of the court order for insurance coverage
6 shall be served on the obligor's payor or union by the obligee
7 or the IV-D agency when the following conditions are met:
8 a. The obligor fails to provide written proof to the
9 obligee or the IV-D agency within 30 days of receiving
10 effective notice of the court order, that the insurance has
11 been obtained or that application for insurability has been
12 made;
13 b. The obligee or IV-D agency serves written notice of
14 its intent to enforce medical support on the obligor by mail
15 at the obligor's last known address; and
16 c. The obligor fails within 15 days after the mailing
17 of the notice to provide written proof to the obligee or the
18 IV-D agency that the insurance coverage existed as of the date
19 of mailing.
20 2. In cases in which the noncustodial parent provides
21 health care coverage and the noncustodial parent changes
22 employment and the new employer provides health care coverage,
23 the IV-D agency shall transfer notice of the provision to the
24 employer, which notice shall operate to enroll the child in
25 the noncustodial parent's health plan, unless the noncustodial
26 parent contests the notice. Notice to enforce medical
27 coverage under this section shall be served by the IV-D agency
28 upon the obligor by mail at the obligor's last known address.
29 The obligor shall have 15 days from the date of mailing of the
30 notice to contest the notice with the IV-D agency.
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1 3. Upon receipt of the order pursuant to subparagraph
2 1. or the notice pursuant to subparagraph 2., or upon
3 application of the obligor pursuant to the order, the payor,
4 union, or employer shall enroll the minor child as a
5 beneficiary in the group insurance plan and withhold any
6 required premium from the obligor's income. If more than one
7 plan is offered by the payor, union, or employer, the child
8 shall be enrolled in the insurance plan in which the obligor
9 is enrolled.
10 4. The Department of Revenue shall have the authority
11 to adopt rules to implement the child support enforcement
12 provisions of this section. The order is binding on the payor
13 or union when service of the notice as provided in
14 subparagraph 1. is made. Upon receipt of the order, or upon
15 application of the obligor pursuant to the order, the payor or
16 union shall enroll the minor child as a beneficiary in the
17 group insurance plan and withhold any required premium from
18 the obligor's income. If more than one plan is offered by the
19 payor or union, the child shall be enrolled in the insurance
20 plan in which the obligor is enrolled or the least costly plan
21 otherwise available to the obligor.
22 (9)(a) Beginning July 1, 1997, each party to any
23 paternity or child support proceeding is required to file with
24 the tribunal as defined in s. 88.1011(22) and State Case
25 Registry upon entry of an order, and to update as appropriate,
26 information on location and identity of the party, including
27 social security number, residential and mailing addresses,
28 telephone number, driver's license number, and name, address,
29 and telephone number of employer. Beginning October 1, 1998,
30 each party to any paternity or child support proceeding in a
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1 non-Title IV-D case shall meet the above requirements for
2 updating the tribunal and State Case Registry.
3 (b) Pursuant to the federal Personal Responsibility
4 and Work Opportunity Reconciliation Act of 1996, each party is
5 required to provide his or her social security number in
6 accordance with this section. Disclosure of social security
7 numbers obtained through this requirement shall be limited to
8 the purpose of administration of the Title IV-D program for
9 child support enforcement.
10 (c) Beginning July 1, 1997, in any subsequent Title
11 IV-D child support enforcement action between the parties,
12 upon sufficient showing that diligent effort has been made to
13 ascertain the location of such a party, the tribunal may deem
14 state due process requirements for notice and service of
15 process to be met with respect to the party, upon delivery of
16 written notice to the most recent residential or employer
17 address filed with the tribunal and State Case Registry
18 pursuant to paragraph (a). Beginning October 1, 1998, in any
19 subsequent non-Title IV-D child support enforcement action
20 between the parties, the same requirements for service shall
21 apply.
22 (10) At the time an order for child support is
23 entered, each party is required to provide his or her social
24 security number to the court if this information has not
25 previously been provided. Pursuant to the federal Personal
26 Responsibility and Work Opportunity Reconciliation Act of
27 1996, each party is required to provide his or her social
28 security number in accordance with this section. Disclosure
29 of social security numbers obtained through this requirement
30 shall be limited to the purpose of administration of the Title
31 IV-D program for child support enforcement.
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1 Section 4. Section 61.1301, Florida Statutes, 1996
2 Supplement, is amended to read:
3 61.1301 Income deduction orders.--
4 (1) REQUIREMENT FOR INCOME DEDUCTION AS PART OF
5 ISSUANCE IN CONJUNCTION WITH AN ORDER ESTABLISHING, ENFORCING,
6 OR MODIFYING AN OBLIGATION FOR ALIMONY OR CHILD SUPPORT.--
7 (a) Upon the entry of an order establishing,
8 enforcing, or modifying an obligation for alimony, for child
9 support, or for alimony and child support, the court shall
10 include provisions enter a separate order for income deduction
11 of the alimony and/or child support in the order if one has
12 not been entered. Copies of the orders shall be served on the
13 obligee and obligor. If The order establishing, enforcing, or
14 modifying the obligation shall direct directs that payments be
15 made through the depository., The court shall provide to the
16 depository a copy of the order establishing, enforcing, or
17 modifying the obligation. If the obligee is a IV-D applicant,
18 the court shall furnish to the IV-D agency a copy copies of
19 the income deduction order and the order establishing,
20 enforcing, or modifying the obligation.
21 1. The income deduction shall be implemented by
22 serving an income deduction notice upon the payor.
23 2. If a support order entered before October 1, 1996,
24 in a non-Title IV-D case does not specify income deduction,
25 income deduction may be initiated upon a delinquency without
26 the need for any amendment to the support order or any further
27 action by the court. In such case the obligee may implement
28 income deduction by serving a notice of delinquency on the
29 obligor as provided for under subparagraph (f).
30 (b) Provisions for income deduction. The income
31 deduction order entered pursuant to paragraph (a) shall:
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1 1. Direct a payor to deduct from all income due and
2 payable to an obligor the amount required by the court to meet
3 the obligor's support obligation including any attorney's fees
4 or costs owed and forward the deducted amount to the
5 depository;
6 2. State the amount of arrearage owed, if any, and
7 direct a payor to withhold an additional 20 percent or more of
8 the periodic amount specified in the order establishing,
9 enforcing, or modifying the obligation, until full payment is
10 made of any arrearage, attorney's fees and costs owed,
11 provided no deduction shall be applied to attorney's fees and
12 costs until the full amount of any arrearage is paid;
13 3. Direct a payor not to deduct in excess of the
14 amounts allowed under s. 303(b) of the Consumer Credit
15 Protection Act, 15 U.S.C. s. 1673(b), as amended;
16 4. Direct whether a payor shall deduct all, a
17 specified portion, or no income which is paid in the form of a
18 bonus or other similar one-time payment, up to the amount of
19 arrearage reported in the income deduction notice or the
20 remaining balance thereof, and forward the payment to the
21 governmental depository. For purposes of this subparagraph,
22 "bonus" means a payment in addition to an obligor's usual
23 compensation and which is in addition to any amounts
24 contracted for or otherwise legally due and shall not include
25 any commission payments due an obligor; and
26 5. In Title IV-D cases, direct a payor to provide to
27 the court depository the date on which each deduction is made.
28 (c) The income deduction order is effective
29 immediately unless the court upon good cause shown finds that
30 the income deduction order shall be effective upon a
31 delinquency in an amount specified by the court but not to
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1 exceed equal to 1 month's payment pursuant to the order
2 establishing, enforcing, or modifying the obligation. In order
3 to find good cause, the court must at a minimum make written
4 findings that:
5 1. Explain why implementing immediate income deduction
6 would not be in the child's best interest;
7 2. There is proof of timely payment of the previously
8 ordered obligation without an income deduction order in cases
9 of modification; and
10 3.a. There is an agreement by the obligor to advise
11 the IV-D agency and court depository of any change in payor
12 and health insurance; or
13 b. There is a signed written agreement providing an
14 alternative arrangement between the obligor and the obligee
15 and, at the option of the IV-D agency, by the IV-D agency in
16 IV-D cases in which there is an assignment of support rights
17 to the state, reviewed and entered in the record by the court.
18 (d) The income deduction order shall be effective so
19 long as the order upon which it is based is effective or until
20 further order of the court.
21 (e) Statement of obligor's rights. When the court
22 orders the income deduction to be effective immediately, the
23 court shall furnish to the obligor a statement of his or her
24 rights, remedies, and duties in regard to the income deduction
25 order. The statement shall state:
26 1. All fees or interest which shall be imposed.
27 2. The total amount of income to be deducted for each
28 pay period until the arrearage, if any, is paid in full and
29 shall state the total amount of income to be deducted for each
30 pay period thereafter. The amounts deducted may not be in
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1 excess of that allowed under s. 303(b) of the Consumer Credit
2 Protection Act, 15 U.S.C. s. 1673(b), as amended.
3 3. That the income deduction notice order applies to
4 current and subsequent payors and periods of employment.
5 4. That a copy of the income deduction notice order
6 will be served on the obligor's payor or payors.
7 5. That enforcement of the income deduction notice
8 order may only be contested on the ground of mistake of fact
9 regarding the amount owed pursuant to the order establishing,
10 enforcing, or modifying the obligation, the arrearages, or the
11 identity of the obligor.
12 6. That the obligor is required to notify the obligee
13 and, when the obligee is receiving IV-D services, the IV-D
14 agency within 7 days of changes in the obligor's address,
15 payors, and the addresses of his or her payors.
16 (f) Notice of delinquency. When the court orders the
17 income deduction to be effective upon a delinquency as
18 provided in subparagraph (a)2. or paragraph (c) in an amount
19 equal to 1 month's payment pursuant to the order establishing,
20 enforcing, or modifying the obligation, the obligee may
21 enforce the income deduction by serving a notice of
22 delinquency on the obligor.
23 1. The notice of delinquency shall state:
24 a. The terms of the order establishing, enforcing, or
25 modifying the obligation.
26 b. The period of delinquency and the total amount of
27 the delinquency as of the date the notice is mailed.
28 c. All fees or interest which may be imposed.
29 d. The total amount of income to be deducted for each
30 pay period until the arrearage, and all applicable fees and
31 interest, is paid in full and shall state the total amount of
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1 income to be deducted for each pay period thereafter. The
2 amounts deducted may not be in excess of that allowed under s.
3 303(b) of the Consumer Credit Protection Act, 15 U.S.C. s.
4 1673(b), as amended.
5 e. That the income deduction notice order applies to
6 current and subsequent payors and periods of employment.
7 f. That a copy of the notice of delinquency will be
8 served on the obligor's payor or payors, together with a copy
9 of the income deduction notice order, unless the obligor
10 applies to the court to contest enforcement of the income
11 deduction order. The application shall be filed within 15 days
12 after the date the notice of delinquency was served.
13 g. That the enforcement of the income deduction notice
14 order may only be contested on the ground of mistake of fact
15 regarding the amount owed pursuant to the order establishing,
16 enforcing, or modifying the obligation, the amount of
17 arrearages, or the identity of the obligor.
18 h. That the obligor is required to notify the obligee
19 of the obligor's current address and current payors and of the
20 address of current payors. All changes shall be reported by
21 the obligor within 7 days. If the IV-D agency is enforcing
22 the order, the obligor shall make these notifications to the
23 agency instead of to the obligee.
24 2. The failure of the obligor to receive the notice of
25 delinquency does not preclude subsequent service of the income
26 deduction order on the obligor's payor. A notice of
27 delinquency which fails to state an arrearage does not mean
28 that an arrearage is not owed.
29 (g) At any time, any party, including the IV-D agency,
30 may apply to the court to:
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1 1. Modify, suspend, or terminate the order for income
2 deduction notice in accordance with because of a modification,
3 suspension, or termination of the support provisions in the
4 underlying order; or
5 2. Modify the amount of income deducted when the
6 arrearage has been paid.
7 (2) ENFORCEMENT OF INCOME DEDUCTION ORDERS.--
8 (a) The obligee or his or her agent shall serve an
9 income deduction order and the notice to payor, and in the
10 case of a delinquency a notice of delinquency, on the
11 obligor's payor unless the obligor has applied for a hearing
12 to contest the enforcement of the income deduction order
13 pursuant to paragraph (c).
14 (b)1. Service by or upon any person who is a party to
15 a proceeding under this section shall be made in the manner
16 prescribed in the Florida Rules of Civil Procedure for service
17 upon parties.
18 2. Service upon an obligor's payor or successor payor
19 under this section shall be made by prepaid certified mail,
20 return receipt requested, or in the manner prescribed in
21 chapter 48.
22 (c)1. The obligor, within 15 days after service of a
23 notice of delinquency, may apply for a hearing to contest the
24 enforcement of the income deduction order on the ground of
25 mistake of fact regarding the amount owed pursuant to an order
26 establishing, enforcing, or modifying an obligation for
27 alimony, for child support, or for alimony and child support,
28 the amount of the arrearage, or the identity of the obligor.
29 The obligor shall send a copy of the pleading to the obligee
30 and, if the obligee is receiving IV-D services, to the IV-D
31 agency. The timely filing of the pleading shall stay the
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1 service of an income deduction notice order on all payors of
2 the obligor until a hearing is held and a determination is
3 made as to whether the enforcement of the income deduction
4 order is proper. The payment of a delinquent obligation by an
5 obligor upon issuance entry of an income deduction notice
6 order shall not preclude service of the income deduction
7 notice order on the obligor's payor.
8 2. When an obligor timely requests a hearing to
9 contest enforcement of an income deduction order, the court,
10 after due notice to all parties and the IV-D agency if the
11 obligee is receiving IV-D services, shall hear the matter
12 within 20 days after the application is filed. The court
13 shall enter an order resolving the matter within 10 days after
14 the hearing. A copy of this order shall be served on the
15 parties and the IV-D agency if the obligee is receiving IV-D
16 services. If the court determines that service of an income
17 deduction notice order is proper, it shall specify the date
18 the income deduction notice order must be served on the
19 obligor's payor.
20 (d) When a court determines that an income deduction
21 notice order is proper pursuant to paragraph (c), the obligee
22 or his or her agent shall cause a copy of the notice of
23 delinquency to be served on the obligor's payors. A copy of
24 the income deduction notice to the payor, and in the case of a
25 delinquency a notice of delinquency, shall also be furnished
26 to the obligor.
27 (e) Income deduction notice. The income deduction
28 notice to payor shall contain only information necessary for
29 the payor to comply with the order providing for income
30 deduction order. The notice shall:
31 1. Provide the obligor's social security number.
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1 2. Require the payor to deduct from the obligor's
2 income the amount specified in the order providing for income
3 deduction order, and in the case of a delinquency the amount
4 specified in the notice of delinquency, and to pay that amount
5 to the obligee or to the depository, as appropriate. The
6 amount actually deducted plus all administrative charges shall
7 not be in excess of the amount allowed under s. 303(b) of the
8 Consumer Credit Protection Act, 15 U.S.C. s. 1673(b);
9 3. Instruct the payor to implement the income
10 deduction order no later than the first payment date which
11 occurs more than 14 days after the date the income deduction
12 notice order was served on the payor, and the payor shall
13 conform the amount specified in the income deduction order to
14 the obligor's pay cycle;
15 4. Instruct the payor to forward, within 2 days after
16 each date the obligor is entitled to payment from the payor,
17 to the obligee or to the depository the amount deducted from
18 the obligor's income, a statement as to whether the amount
19 totally or partially satisfies the periodic amount specified
20 in the income deduction notice order, and the specific date
21 each deduction is made. If the IV-D agency is enforcing the
22 order, the payor shall make these notifications to the agency
23 instead of the obligee;
24 5. Specify that if a payor fails to deduct the proper
25 amount from the obligor's income, the payor is liable for the
26 amount the payor should have deducted, plus costs, interest,
27 and reasonable attorney's fees;
28 6. Provide that the payor may collect up to $5 against
29 the obligor's income to reimburse the payor for administrative
30 costs for the first income deduction and up to $2 for each
31 deduction thereafter;
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1 7. State that the income deduction order and the
2 notice to payor, and in the case of a delinquency the notice
3 of delinquency, are binding on the payor until further notice
4 by the obligee, IV-D agency, or the court or until the payor
5 no longer provides income to the obligor;
6 8. Instruct the payor that, when he or she no longer
7 provides income to the obligor, he or she shall notify the
8 obligee and shall also provide the obligor's last known
9 address and the name and address of the obligor's new payor,
10 if known; and that, if the payor violates this provision, the
11 payor is subject to a civil penalty not to exceed $250 for the
12 first violation or $500 for any subsequent violation. If the
13 IV-D agency is enforcing the order, the payor shall make these
14 notifications to the agency instead of to the obligee.
15 Penalties shall be paid to the obligee or the IV-D agency,
16 whichever is enforcing the income deduction order;
17 9. State that the payor shall not discharge, refuse to
18 employ, or take disciplinary action against an obligor because
19 of an income deduction notice order and shall state that a
20 violation of this provision subjects the payor to a civil
21 penalty not to exceed $250 for the first violation or $500 for
22 any subsequent violation. Penalties shall be paid to the
23 obligee or the IV-D agency, whichever is enforcing the income
24 deduction notice order, if any alimony or child support
25 obligation is owing. If no alimony or child support obligation
26 is owing, the penalty shall be paid to the obligor;
27 10. State that an obligor may bring a civil action in
28 the courts of this state against a payor who refuses to
29 employ, discharges, or otherwise disciplines an obligor
30 because of an income deduction notice order. The obligor is
31
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1 entitled to reinstatement and all wages and benefits lost,
2 plus reasonable attorney's fees and costs incurred;
3 11. Inform the payor that the income deduction notice
4 order has priority over all other legal processes under state
5 law pertaining to the same income and that payment, as
6 required by the income deduction notice order, is a complete
7 defense by the payor against any claims of the obligor or his
8 or her creditors as to the sum paid;
9 12. Inform the payor that, when the payor he or she
10 receives income deduction notices orders requiring that the
11 income of two or more obligors be deducted and sent to the
12 same depository, the payor may combine the amounts that are to
13 be paid to the depository in a single payment as long as the
14 payments attributable to each obligor are clearly identified;
15 and
16 13. Inform the payor that if the payor receives more
17 than one income deduction notice order against the same
18 obligor, the payor shall contact the court for further
19 instructions. Upon being so contacted, the court shall
20 allocate amounts available for income deduction as provided in
21 subsection (4).
22 (f) At any time an income deduction order is being
23 enforced, the obligor may apply to the court for a hearing to
24 contest the continued enforcement of the income deduction
25 order on the same grounds set out in paragraph (c), with a
26 copy to the obligee and, in IV-D cases, to the IV-D agency.
27 The application does not affect the continued enforcement of
28 the income deduction order until the court enters an order
29 granting relief to the obligor. The obligee or the IV-D
30 agency is released from liability for improper receipt of
31
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1 moneys pursuant to an income deduction order upon return to
2 the appropriate party of any moneys received.
3 (g) An obligee or his or her agent shall enforce
4 income deduction orders against an obligor's successor payor
5 who is located in this state in the same manner prescribed in
6 this section for the enforcement of an income deduction order
7 against a payor.
8 (h)1. When an income deduction order is to be enforced
9 against a payor located outside the state, the obligee who is
10 receiving IV-D services or his or her agent shall promptly
11 request the agency responsible for income deduction in the
12 other state to enforce the income deduction order. The request
13 shall contain all information necessary to enforce the income
14 deduction order, including the amount to be periodically
15 deducted, a copy of the order establishing, enforcing, or
16 modifying the obligation, and a statement of arrearages, if
17 applicable.
18 2. When the IV-D agency is requested by the agency
19 responsible for income deduction in another state to enforce
20 an income deduction order against a payor located in this
21 state for the benefit of an obligee who is being provided IV-D
22 services by the agency in the other state, the IV-D agency
23 shall act promptly pursuant to the applicable provisions of
24 this section.
25 3. When an obligor who is subject to an income
26 deduction order enforced against a payor located in this state
27 for the benefit of an obligee who is being provided IV-D
28 services by the agency responsible for income deduction in
29 another state terminates his or her relationship with his or
30 her payor, the IV-D agency shall notify the agency in the
31 other state and provide it with the name and address of the
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1 obligor and the address of any new payor of the obligor, if
2 known.
3 4.a. The procedural rules and laws of this state
4 govern the procedural aspects of income deduction orders
5 whenever the agency responsible for income deduction in
6 another state requests the enforcement of an income deduction
7 order in this state.
8 b. Except with respect to when withholding must be
9 implemented, which is controlled by the state where the order
10 establishing, enforcing, or modifying the obligation was
11 entered, the substantive law of this state shall apply
12 whenever the agency responsible for income deduction in
13 another state requests the enforcement of an income deduction
14 order in this state.
15 c. When the IV-D agency is requested by an agency
16 responsible for income deduction in another state to implement
17 income deduction against a payor located in this state for the
18 benefit of an obligee who is being provided IV-D services by
19 the agency in the other state or when the IV-D agency in this
20 state initiates an income deduction request on behalf of an
21 obligee receiving IV-D services in this state against a payor
22 in another state, the IV-D agency shall file the interstate
23 income deduction documents, or an affidavit of such request
24 when the income deduction documents are not available, with
25 the depository and if the IV-D agency in this state is
26 responding to a request from another state, provide copies to
27 the payor and obligor in accordance with subsection (1). The
28 depository created pursuant to s. 61.181 shall accept the
29 interstate income deduction documents or affidavit and shall
30 establish an account for the receipt and disbursement of child
31 support or child support and alimony payments or child support
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1 payments in accordance with s. 61.181 and advise the IV-D
2 agency of the account number in writing within 2 days after
3 receipt of the documents or affidavit.
4 (i) Certified copies of payment records maintained by
5 a depository shall, without further proof, be admitted into
6 evidence in any legal proceeding in this state.
7 (j)1. A person may not discharge, refuse to employ, or
8 take disciplinary action against an employee because of the
9 enforcement of an income deduction order. An employer who
10 violates this subsection is subject to a civil penalty not to
11 exceed $250 for the first violation or $500 for any subsequent
12 violation. Penalties shall be paid to the obligee or the IV-D
13 agency, whichever is enforcing the income deduction order, if
14 any alimony or child support is owing. If no alimony or child
15 support is owing, the penalty shall be paid to the obligor.
16 2. An employee may bring a civil action in the courts
17 of this state against an employer who refuses to employ,
18 discharges, or otherwise disciplines an employee because of an
19 income deduction order. The employee is entitled to
20 reinstatement and all wages and benefits lost plus reasonable
21 attorney's fees and costs incurred.
22 (k) When a payor no longer provides income to an
23 obligor, he or she shall notify the obligee and, if the
24 obligee is a IV-D applicant, the IV-D agency and shall also
25 provide the obligor's last known address and the name and
26 address of the obligor's new payor, if known. A payor who
27 violates this subsection is subject to a civil penalty not to
28 exceed $250 for the first violation or $500 for a subsequent
29 violation. Penalties shall be paid to the obligee or the IV-D
30 agency, whichever is enforcing the income deduction order.
31
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1 (3) It is the intent of the Legislature that this
2 section may be used to collect arrearages in child support
3 payments or in alimony payments which have been accrued
4 against an obligor.
5 (4) When there is more than one income deduction
6 notice order against the same obligor, the court shall
7 allocate amounts available for income deduction among all
8 obligee families as follows:
9 (a) For computation purposes, the court shall convert
10 all obligations to a common payroll frequency and determine
11 the percentage of deduction allowed under s. 303(b) of the
12 Consumer Credit Protection Act, 15 U.S.C. s. 1673(b), as
13 amended. The court shall determine the amount of income
14 available for deduction by multiplying that percentage figure
15 by the obligor's net income and determine the sum of all of
16 the support obligations.
17 (b) If the sum of the support obligations is less than
18 the amount of income available for deduction, the court shall
19 order that the full amount of each obligation shall be
20 deducted.
21 (c) If the sum of the support obligations is greater
22 than the amount of income available for deduction, the court
23 shall determine a prorated percentage for each support
24 obligation by dividing each obligation by the sum total of all
25 the support obligations. The court shall then determine the
26 prorated deduction amount for each support obligation by
27 multiplying the prorated percentage for each support
28 obligation by the amount of income available for deduction.
29 The court shall then order that the resultant amount for each
30 support obligation shall be deducted from the obligor's
31 income.
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1 Section 5. Section 61.13016, Florida Statutes, is
2 amended to read:
3 61.13016 Suspension of driver's licenses and motor
4 vehicle registrations.--
5 (1) The driver's license and motor vehicle
6 registration of a child support obligor who is delinquent in
7 payment or who has failed to comply with subpoenas or a
8 similar order to appear or show cause relating to paternity or
9 child support proceedings may be suspended. Upon a
10 delinquency in child support or failure to comply with a
11 subpoena or similar order to appear or show cause in IV-D
12 cases, the Title IV-D agency may provide serve notice to on
13 the obligor of the delinquency or failure to comply with a
14 subpoena or similar order to appear or show cause and the
15 intent to suspend by regular United States mail that is posted
16 to the obligor's last address of record with the Department of
17 Highway Safety and Motor Vehicles as provided under s.
18 322.245. Upon a delinquency in child support in non-IV-D
19 cases, and upon the request of the obligee, the depository or
20 the clerk of the court must provide serve notice to by
21 certified mail, return receipt requested, on the obligor of
22 the delinquency and the intent to suspend by regular United
23 States mail that is posted to the obligor's last address of
24 record with the Department of Highway Safety and Motor
25 Vehicles as provided under s. 322.245. In either case, the
26 notice must state:
27 (a) The terms of the order creating the child support
28 obligation;
29 (b) The period of the delinquency and the total amount
30 of the delinquency as of the date of the notice or describe
31
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1 the subpoena or similar order to appear or show cause which
2 has not been complied with;
3 (c) That notification will be given to The intent of
4 the Title IV-D agency in IV-D cases or the depository or clerk
5 of the court in non-IV-D cases to notify the Department of
6 Highway Safety and Motor Vehicles to suspend the obligor's
7 driver's license and motor vehicle registration unless, within
8 20 15 days after the date receipt of the notice is mailed the
9 obligor:
10 1.a. Pays the delinquency in full;
11 b.2. Enters into a written agreement for payment with
12 the obligee in non-IV-D cases or with the Title IV-D agency in
13 IV-D cases; or in IV-D cases, complies with a subpoena or
14 similar order to appear or show cause; or
15 c.3. Files a petition with the circuit court to
16 contest the delinquency action; and.
17 2. Pays any applicable delinquency fees.
18
19 If the obligor in non-IV-D cases enters into a written
20 agreement for payment before prior to the expiration of the
21 20-day 15-day period, he must provide a copy of the signed
22 written agreement to the depository or the clerk of the court.
23 (2) If the obligor does not, within 20 15 days after
24 the mailing date on receipt of the notice, pay the
25 delinquency, enter into a payment agreement, comply with the
26 subpoena or a similar order to appear or show cause, or file a
27 motion to contest, the Title IV-D agency in IV-D cases, or the
28 depository or clerk of the court in non-IV-D cases shall file
29 the notice with the Department of Highway Safety and Motor
30 Vehicles and request the suspension of the obligor's driver's
31
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1 license and motor vehicle registration in accordance with s.
2 322.058.
3 (3) The obligor may, within 20 15 days after the
4 mailing date on the receipt of a notice of delinquency or
5 noncompliance and intent to suspend, file in the circuit court
6 a petition to contest the notice of delinquency or
7 noncompliance and intent to suspend on the ground of mistake
8 of fact regarding the existence of a delinquency or the
9 identity of the obligor. The obligor must serve a copy of the
10 petition on the Title IV-D agency in IV-D cases or depository
11 or clerk of the court in non-IV-D cases. When an obligor
12 timely files a petition to contest, the court must hear the
13 matter within 15 days after the petition is filed. The court
14 must enter an order resolving the matter within 10 days after
15 the hearing, and a copy of the order must be served on the
16 parties. The timely filing of a petition to contest stays the
17 notice of delinquency and intent to suspend until the entry of
18 a court order resolving the matter.
19 (4) The Title IV-D agency shall submit a report that
20 describes the measured results and effectiveness of the
21 driver's license suspension process set forth in this section
22 for IV-D cases to the Senate and the House of Representatives
23 by February 1, 1997.
24 Section 6. Section 61.1354, Florida Statutes, is
25 amended to read:
26 61.1354 Sharing of information between consumer
27 reporting agencies and the IV-D agency.--
28 (1) Upon receipt of a request from a consumer
29 reporting agency as defined in section 603(f) of the Fair
30 Credit Reporting Act, the IV-D agency or the depository in
31 non-Title-IV-D cases shall make available information relating
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1 to the amount of overdue support owed by an obligor when the
2 amount exceeds $500.
3 (2) The IV-D agency or the depository in
4 non-Title-IV-D cases shall give the obligor written notice, at
5 least 15 days prior to the release of information, of the IV-D
6 agency's or depository's authority to release information to
7 consumer reporting agencies relating to the amount of overdue
8 support owed by the obligor. The obligor shall be informed of
9 his or her right to request a hearing with the IV-D agency or
10 the court in non-Title-IV-D cases to contest the accuracy of
11 the information.
12 (2) The IV-D agency shall report periodically to
13 appropriate credit reporting agencies, as identified by the
14 IV-D agency, the name and social security number of any
15 delinquent obligor and the amount of overdue support owed by
16 the obligor. The IV-D agency, or its designee, shall provide
17 the obligor with written notice at least 15 days prior to the
18 release of information, of the IV-D agency's authority to
19 release the information to the consumer reporting agencies.
20 The notice shall state the amount of overdue support owed and
21 shall inform the obligor of the right to request a hearing
22 with the IV-D agency or the court in non-Title-IV-D cases to
23 contest the accuracy of the information.
24 (3) For purposes of determining an individual's income
25 and establishing an individual's capacity to make child
26 support payments or for determining the appropriate amount of
27 such payment by the individual, consumer reporting agencies
28 shall provide, upon request, consumer reports to the head of
29 the IV-D agency pursuant to section 604 of the Fair Credit
30 Reporting Act, provided that the head of IV-D agency, or its
31 designee certifies that:
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1 (a) The consumer report is needed for the purpose of
2 determining an individual's income and establishing an
3 individual's capacity to make child support payments or
4 determining the appropriate amount of such payment by the
5 individual;
6 (b) Paternity of the child of the individual whose
7 report is sought, if that individual is the father of the
8 child, has been established or acknowledged pursuant to the
9 laws of Florida;
10 (c) The individual whose report is sought was provided
11 with at least 15 days' prior notice, by certified or
12 registered mail to the individual's last known address, that
13 the report was requested;
14 (d) The consumer report will be used solely for the
15 purpose described in paragraph (a).
16 (4) For purposes of setting an initial or modified
17 child support order, consumer reporting agencies shall
18 provide, upon request, consumer reports to the IV-D agency.
19 (5) The Department of Revenue is authorized to adopt
20 rules necessary to implement this section.
21 Section 7. Subsection (1) and paragraph (b) of
22 subsection (6) of section 61.14, Florida Statutes, are
23 amended, paragraph (f) of subsection (6) of said section is
24 redesignated as paragraph (g) and a new paragraph (f) is added
25 and subsection (8) is added to said section to read:
26 61.14 Enforcement and modification of support,
27 maintenance, or alimony agreements or orders.--
28 (1)(a) When the parties enter into an agreement for
29 payments for, or instead of, support, maintenance, or alimony,
30 whether in connection with a proceeding for dissolution or
31 separate maintenance or with any voluntary property
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1 settlement, or when a party is required by court order to make
2 any payments, and the circumstances or the financial ability
3 of either party changes or the child who is a beneficiary of
4 an agreement or court order as described herein reaches
5 majority after the execution of the agreement or the rendition
6 of the order, either party may apply to the circuit court of
7 the circuit in which the parties, or either of them, resided
8 at the date of the execution of the agreement or reside at the
9 date of the application, or in which the agreement was
10 executed or in which the order was rendered, for an order
11 decreasing or increasing the amount of support, maintenance,
12 or alimony, and the court has jurisdiction to make orders as
13 equity requires, with due regard to the changed circumstances
14 or the financial ability of the parties or the child,
15 decreasing, increasing, or confirming the amount of separate
16 support, maintenance, or alimony provided for in the agreement
17 or order. A finding that medical insurance is reasonably
18 available or the child support guidelines in s. 61.30 may
19 constitute changed circumstances.
20 (b) In Title IV-D cases reviewed pursuant to the
21 3-year review and adjustment cycle, no substantial change of
22 circumstance need be proven to warrant a modification.
23 (c) The department shall have authority to adopt rules
24 to implement this section.
25 (6)
26 (b)1. When an obligor is 15 days delinquent in making
27 a payment or installment of support, the local depository
28 shall serve notice on the obligor informing him or her of:
29 a. The delinquency and its amount.
30 b. An impending judgment by operation of law against
31 him or her in the amount of the delinquency and all other
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1 amounts which thereafter become due and are unpaid, together
2 with costs and a fee of $5, for failure to pay the amount of
3 the delinquency.
4 c. The obligor's right to contest the impending
5 judgment and the ground upon which such contest can be made.
6 d. The local depository's authority to release
7 information regarding the delinquency to one or more credit
8 reporting agencies.
9 2. The local depository shall serve the notice by
10 mailing it by first class mail certified mail, return receipt
11 requested to the obligor at his or her last address of record
12 with the local depository. If the obligor has no address of
13 record with the local depository, service shall be by
14 publication as provided in chapter 49.
15 3. When service of the notice is made by mail, service
16 is complete on the date of mailing.
17 (f) The final judgment by operation of law shall be a
18 lien on real and personal property in the counties where
19 certified copies are recorded. The amount of the lien shall
20 be updated according to each prospective installment support
21 payment, once past due and unpaid. Full faith and credit will
22 be accorded to all judgments arising in another state, when
23 the state agency, party, or other entity seeking to enforce
24 such a lien complies with the procedural rules relating to
25 recording or serving liens that arise within the other state,
26 except that such rules may not require judicial notice or
27 hearing prior to the recording or serving of such a lien.
28 (8) Notwithstanding the provisions of s. 440.22, any
29 compensation due or that may become due an employee under
30 chapter 440 is exempt from garnishment, attachment, execution,
31
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1 and assignment of income, except for the purposes of enforcing
2 child or spousal support obligations.
3 Section 8. Subsection (1) and paragraph (a) of
4 subsection (3) of section 61.181, Florida Statutes, 1996
5 Supplement, are amended to read:
6 61.181 Central depository for receiving, recording,
7 reporting, monitoring, and disbursing alimony, support,
8 maintenance, and child support payments; fees.--
9 (1) The office of the clerk of the court shall operate
10 a depository unless the depository is otherwise created by
11 special act of the Legislature or unless, prior to June 1,
12 1985, a different entity was established to perform such
13 functions. The department shall, no later than July 1, 1998
14 1997, extend participation in the federal child support cost
15 reimbursement program to the central depository in each
16 county, to the maximum extent possible under existing federal
17 law. The depository shall receive reimbursement for services
18 provided under a cooperative agreement with the department as
19 provided by federal law.
20 (3)(a) The depository shall collect and distribute all
21 support payments paid into the depository to the appropriate
22 party. On or after July 1, 1998 1997, if a payment is made
23 which is not accompanied by the required transaction fee, the
24 depository shall not deduct any moneys from the support
25 payment for payment of the fee. Nonpayment of the required
26 fee shall be considered a delinquency, and when the total of
27 fees and costs which are due but not paid exceeds $50, the
28 judgment by operation of law process set forth in s.
29 61.14(6)(a) shall become applicable and operational. As part
30 of its collection and distribution functions, the depository
31 shall maintain records listing:
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1 1. The obligor's name, address, social security
2 number, place of employment, and any other sources of income.
3 2. The obligee's name, address, and social security
4 number.
5 3. The amount of support due as provided in the court
6 order.
7 4. The schedule of payment as provided in the court
8 order.
9 5. The actual amount of each support payment received,
10 the date of receipt, the amount disbursed, and the recipient
11 of the disbursement.
12 6. The unpaid balance of any arrearage due as provided
13 in the court order.
14 7. Other records as necessary to comply with federal
15 reporting requirements.
16 Section 9. Effective June 1, 1997, subsection (1) of
17 section 61.1812, Florida Statutes, is amended to read:
18 61.1812 Child Support Incentive Trust Fund.--
19 (1) The Child Support Incentive Trust Fund is hereby
20 created, to be administered by the Department of Revenue. All
21 child support enforcement incentive earnings and that portion
22 of the state share of Title IV-A public assistance collections
23 recovered in fiscal year 1996-1997 by the title IV-D program
24 of the department, which is in excess of the amount estimated
25 by the February, 1997 Social Services Estimating Conference to
26 be recovered in fiscal year 1996-1997, shall be credited to
27 the trust fund, and no other receipts, except interest
28 earnings, shall be credited thereto. For fiscal years
29 1997-1998 and 1998-1999, in addition to incentive earnings and
30 interest earnings, that portion of the state share of Title
31 IV-A public assistance collections recovered in each fiscal
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1 year by the Title IV-D program of the department, which is in
2 excess of the amount estimated by the February, 1997 Social
3 Services Estimating Conference to be recovered in fiscal year
4 1997-1998, shall be credited to the trust fund. The purpose of
5 the trust fund is to account for federal incentive payments to
6 the state for child support enforcement and to support the
7 activities of the child support enforcement program under
8 Title IV-D of the Social Security Act. The department shall
9 invest the money in the trust fund pursuant to ss.
10 215.44-215.52, and retain all interest earnings in the trust
11 fund. The department shall separately account for receipts
12 credited to the trust fund.
13 Section 10. Section 61.1814, Florida Statutes, 1996
14 Supplement, is amended to read:
15 61.1814 Child Support Enforcement Application and
16 Program Revenue User Fee Trust Fund.--The Child Support
17 Enforcement Application and Program Revenue User Fee Trust
18 Fund is hereby created, to be administered by the Department
19 of Revenue. The fund shall be used for the deposit of
20 application fees of nonpublic assistance non-AFDC applicants
21 for child support enforcement services and fines imposed under
22 ss. 409.2564(8) and 409.2578. Moneys deposited from fines
23 imposed under ss. 409.2564(8) and 409.2578 shall be maintained
24 separately from moneys deposited from application fees.
25 Section 11. Paragraph (b) of subsection (1),
26 subsection (2), and paragraphs (b) and (f) of subsection (11)
27 and subsection (16) of section 61.30, Florida Statutes, 1996
28 Supplement, are amended, paragraph (c) is added to subsection
29 (1) of said section, and subsection (17) is added to said
30 section to read:
31
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1 61.30 Child support guidelines; retroactive child
2 support.--
3 (1)
4 (b) The guidelines may provide the basis for proving a
5 substantial change in circumstances upon which a modification
6 of an existing order may be granted. However, the difference
7 between the existing monthly obligation order and the amount
8 provided for under the guidelines shall be at least 15 percent
9 or $50, whichever amount is greater, before the court may find
10 that the guidelines provide a substantial change in
11 circumstances.
12 (c) In Title IV-D cases reviewed pursuant to the
13 3-year review and adjustment cycle, no change of circumstance
14 need be proven to warrant a modification.
15 (2) Income shall be determined on a monthly basis for
16 the obligor and for the obligee as follows:
17 (a) Gross income shall include, but is not limited to,
18 the following items:
19 1. Salary or wages.
20 2. Bonuses, commissions, allowances, overtime, tips,
21 and other similar payments.
22 3. Business income from sources such as
23 self-employment, partnership, close corporations, and
24 independent contracts. "Business income" means gross receipts
25 minus ordinary and necessary expenses required to produce
26 income.
27 4. Disability benefits.
28 5. Worker's compensation.
29 6. Unemployment compensation.
30 7. Pension, retirement, or annuity payments.
31 8. Social security benefits.
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1 9. Spousal support received from a previous marriage
2 or court ordered in the marriage before the court.
3 10. Interest and dividends.
4 11. Rental income, which is gross receipts minus
5 ordinary and necessary expenses required to produce the
6 income.
7 12. Income from royalties, trusts, or estates.
8 13. Reimbursed expenses or in kind payments to the
9 extent that they reduce living expenses.
10 14. Gains derived from dealings in property, unless
11 the gain is nonrecurring.
12 (b) Income on a monthly basis shall be imputed to an
13 unemployed or underemployed parent when such employment or
14 underemployment is found to be voluntary on that parent's
15 part, absent physical or mental incapacity or other
16 circumstances over which the parent has no control. In the
17 event of such voluntary unemployment or underemployment, the
18 employment potential and probable earnings level of the parent
19 shall be determined based upon his or her recent work history,
20 occupational qualifications, and prevailing earnings level in
21 the community; however, the court may refuse to impute income
22 to a primary residential parent if the court finds it
23 necessary for the parent to stay home with the child.
24 (c) Public assistance as defined in s. 409.2554
25 Temporary assistance under the WAGES Program shall be excluded
26 from gross income.
27 (11) The court may adjust the minimum child support
28 award, or either or both parent's share of the minimum child
29 support award, based upon the following considerations:
30 (b) Independent income of the child, not to include
31 moneys received by a child from supplemental security income.
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1 (f) Special needs, such as costs that may be
2 associated with the disability of a child, that have
3 traditionally been met within the family budget even though
4 the fulfilling of those needs will cause the support to exceed
5 the proposed guidelines.
6 (16) The Legislature shall review the guidelines
7 established in this section at least every 4 years beginning
8 in, and shall review the guidelines in 1997.
9 (17) In an initial determination of child support,
10 whether in a paternity action, dissolution of marriage action,
11 or petition for support during the marriage, the court has
12 discretion to award child support retroactive to the date when
13 the parents did not reside together in the same household with
14 the child, regardless of whether that date precedes the filing
15 of the petition. In determining the retroactive award in such
16 cases, the court shall consider the following:
17 (a) The court shall apply the guidelines in effect at
18 the time of the hearing subject to the obligor's demonstration
19 of his or her actual income, as defined by s. 61.30(2), during
20 the retroactive period. Failure of the obligor to so
21 demonstrate, shall result in the court using the obligor's
22 income at the time of the hearing, in computing child support
23 for the retroactive period.
24 (b) All actual payments made by the noncustodial
25 parent to the custodial parent or the child or third parties
26 for the benefit of the child throughout the proposed
27 retroactive period.
28 (c) The court should consider an installment payment
29 plan for the payment of retroactive child support.
30 Section 12. Task Force on Child Support Guidelines
31 created; powers and duties.--The Task Force on Child Support
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1 Guidelines is hereby created for the purpose of reviewing
2 Florida's child support guidelines as set forth in s. 61.30,
3 Florida Statutes, and reporting the results of such review and
4 any recommended changes to the Governor, the President of the
5 Senate, and the Speaker of the House of Representatives on or
6 before July 1, 1998.
7 (1) The task force shall be housed in the Department
8 of Revenue for administrative and fiscal accountability
9 purposes only. The task force shall otherwise function
10 independently of the control, supervision, and direction of
11 the department.
12 (2) As part of its review, the task force must
13 consider economic data on the cost of raising children and
14 analyze case data on the application of and deviations from
15 the guidelines. Such data must be used by the task force in
16 the review to ensure that deviations from the guidelines are
17 limited. Subject to the availability of funds, the Department
18 of Revenue may contract with one or more corporations,
19 agencies, individuals, or governmental entities to assist in
20 accomplishing the review.
21 (3) The task force shall consist of not more than 17
22 members. Thirteen members of the task force shall be appointed
23 by the Governor, and shall include a male custodial parent, a
24 female custodial parent, and a parent in an intact family. At
25 least one of these parents shall be either a current or past
26 recipient of temporary assistance for needy families. Other
27 Governor's appointments shall include: two judges with family
28 law experience, who shall be recommended by the Chief Justice
29 of the Supreme Court, a person recommended by the state court
30 administrator, a person recommended by the Child Support
31 Enforcement program director, a representative of the Family
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1 Law section of The Florida Bar, an attorney who is
2 knowledgeable in child support, a representative of an
3 established custodial parent's rights organization, a
4 representative of an established noncustodial parent's rights
5 organization, a representative of an established children's
6 advocacy organization, and a social worker with a strong
7 research background. The remaining four members of the task
8 force shall consist of 2 members of the House of
9 Representatives, appointed by the Speaker of the House of
10 Representatives, and 2 members of the Senate appointed by the
11 President of the Senate. The legislative members from each
12 house shall not be members of the same political party. The
13 parent representatives shall not be employees of public
14 agencies or courts which deal with child support issues and
15 the members shall be geographically representative of the
16 state.
17 (4) All members of the task force shall be appointed
18 within 30 days after this section becomes law. The terms of
19 all members shall end with the presentation of the report
20 required by this section. The Governor shall appoint the chair
21 and vice chair of the task force from the members of the task
22 force. Parent representatives who are members of the task
23 force shall serve without compensation but shall be allowed
24 per diem and travel expenses as provided in s. 112.061,
25 Florida Statutes. Members of the task force who serve as
26 members of the Legislature shall be reimbursed from the
27 legislative budget. Members who are public employees shall be
28 reimbursed from the budget of their respective agencies.
29 (5) The initial report prepared by the task force
30 shall include recommendations for the future composition,
31
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1 member compensation, member terms, and funding of the task
2 force.
3 Section 13. Subsections (7), (16), and (19) of section
4 88.1011, Florida Statutes, 1996 Supplement, are amended to
5 read:
6 88.1011 Definitions.--As used in this act:
7 (7) "Initiating state" means a state from in which a
8 proceeding is forwarded or in which a proceeding is filed for
9 forwarding to a responding state under this act or a law or
10 procedure substantially similar to this act, the Uniform
11 Reciprocal Enforcement of Support Act, or the Revised Uniform
12 Reciprocal Enforcement of Support Act is filed for forwarding
13 to a responding state.
14 (16) "Responding state" means a state in to which a
15 proceeding is filed or to which a proceeding is forwarded for
16 filing from an initiating state under this act or a law or
17 procedure substantially similar to this act, the Uniform
18 Reciprocal Enforcement of Support Act, or the Revised Uniform
19 Reciprocal Enforcement of Support Act.
20 (19) "State" means a state of the United States, the
21 District of Columbia, the Commonwealth of Puerto Rico, the
22 United States Virgin Islands, or any territory or insular
23 possession subject to the jurisdiction of the United States.
24 The term "state" includes:
25 (a) An Indian tribe; and includes
26 (b) A foreign jurisdiction that has enacted a law or
27 established procedures for issuance and enforcement of support
28 orders which are substantially similar to the procedures under
29 this act, the Uniform Reciprocal Enforcement of Support Act,
30 or the Revised Uniform Reciprocal Enforcement of Support Act,
31 as determined by the Attorney General.
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1 Section 14. The catchline of section 88.1021, Florida
2 Statutes, 1996 Supplement, is amended to read:
3 88.1021 Tribunal of this state.--
4 Section 15. The catchline of section 88.2031, Florida
5 Statutes, 1996 Supplement, is amended to read:
6 88.2031 Initiating and responding tribunal of this
7 state.--
8 Section 16. Paragraph (b) of subsection (1), and
9 subsections (2), (3), and (4) of section 88.2051, Florida
10 Statutes, 1996 Supplement, are amended to read:
11 88.2051 Continuing exclusive jurisdiction.--
12 (1) A tribunal of this state issuing a support order
13 consistent with the law of this state has continuing exclusive
14 jurisdiction over a child support order:
15 (b) Until all of the parties who are individuals have
16 each individual party has filed written consents consent with
17 the tribunal of this state for a tribunal of another state to
18 modify the order and assume continuing exclusive jurisdiction.
19 (2) A tribunal of this state issuing a child support
20 order consistent with the law of this state may not exercise
21 its continuing jurisdiction to modify the order if the order
22 has been modified by a tribunal of another state pursuant to
23 this act or a law substantially similar to this act.
24 (3) If a child support order of this state is modified
25 by a tribunal of another state pursuant to this act or a law
26 substantially similar to this act, a tribunal of this state
27 loses its continuing exclusive jurisdiction with regard to
28 prospective enforcement of the order issued in this state, and
29 may only:
30 (a) Enforce the order that was modified as to amounts
31 accruing before the modification;
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1 (b) Enforce nonmodifiable aspects of that order; and
2 (c) Provide other appropriate relief for violations of
3 that order which occurred before the effective date of the
4 modification.
5 (4) A tribunal of this state shall recognize the
6 continuing exclusive jurisdiction of a tribunal of another
7 state which has issued a child support order pursuant to this
8 act or a law substantially similar to this act.
9 Section 17. Section 88.2071, Florida Statutes, 1996
10 Supplement, is amended to read:
11 (Substantial rewording of section. See
12 s. 88.2071, F.S., 1996 Supp., for present text.)
13 88.2071 Recognition of controlling child support
14 order.--
15 (1) If a proceeding is brought under this act and only
16 one tribunal has issued a child support order, the order of
17 that tribunal controls and must be so recognized.
18 (2) If a proceeding is brought under this act, and two
19 or more child support orders have been issued by tribunals of
20 this state or another state with regard to the same obligor
21 and child, a tribunal of this state shall apply the following
22 rules in determining which order to recognize for purposes of
23 continuing, exclusive jurisdiction:
24 (a) If only one of the tribunals would have
25 continuing, exclusive jurisdiction under this act, the order
26 of that tribunal controls and must be so recognized.
27 (b) If more than one of the tribunals would have
28 continuing, exclusive jurisdiction under this act, an order
29 issued by a tribunal in the current home state of the child
30 controls and must be so recognized, but if an order has not
31
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1 been issued in the current home state of the child, the order
2 most recently issued controls and must be so recognized.
3 (c) If none of the tribunals would have continuing,
4 exclusive jurisdiction under this act, the tribunal of this
5 state having jurisdiction over the parties shall issue a child
6 support order, which controls and must be so recognized.
7 (3) If two or more child support orders have been
8 issued for the same obligor and child and if the obligor or
9 the individual obligee resides in this state, a party may
10 request a tribunal of this state to determine which order
11 controls and must be so recognized under subsection (2). The
12 request must be accompanied by a certified copy of every
13 support order in effect. The requesting party shall give
14 notice of the request to each party whose rights may be
15 affected by the determination.
16 (4) The tribunal that issued the controlling order
17 under subsection (1), subsection (2), or subsection (3) is the
18 tribunal that has continuing, exclusive jurisdiction under s.
19 88.2051.
20 (5) A tribunal of this state which determines by order
21 the identity of the controlling order under paragraph (2)(a)
22 or (b) or which issues a new controlling order under paragraph
23 (2)(c) shall state in that order the basis upon which the
24 tribunal made its determination.
25 (6) Within 30 days after issuance of an order
26 determining the identity of the controlling order, the party
27 obtaining the order shall file a certified copy of it with
28 each tribunal that issued or registered an earlier order of
29 child support. A party who obtains the order and fails to
30 file a certified copy is subject to appropriate sanctions by a
31 tribunal in which the issues of failure to file arises. The
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1 failure to file does not affect the validity or enforceability
2 of the controlling order.
3 Section 18. Paragraph (g) of subsection (2) of section
4 88.3011, Florida Statutes, 1996 Supplement, is amended to
5 read:
6 88.3011 Proceedings under this act.--
7 (2) This act provides for the following proceedings:
8 (g) Assertion of jurisdiction over nonresidents
9 pursuant to ss. 88.2011-88.2021 88.201-88.202.
10 Section 19. The catchline to section 88.3031, Florida
11 Statutes, 1996 Supplement, is amended to read:
12 88.3031 Application of law of this state.--Except as
13 otherwise provided by this act, a responding tribunal of this
14 state:
15 Section 20. Section 88.3041, Florida Statutes, 1996
16 Supplement, is amended to read:
17 88.3041 Duties of initiating tribunal.--
18 (1) Upon the filing of a petition or comparable
19 pleading authorized by this act, an initiating tribunal of
20 this state shall forward three copies of the petition and its
21 accompanying documents or a comparable pleading and its
22 accompanying documents:
23 (a)(1) To the responding tribunal or appropriate
24 support enforcement agency in the responding state; or
25 (b)(2) If the identity of the responding tribunal is
26 unknown, to the state information agency of the responding
27 state with a request that they be forwarded to the appropriate
28 tribunal and that receipt be acknowledged.
29 (2) If a responding state has not enacted this act or
30 a law or procedure substantially similar to this act, a
31 tribunal of this state may issue a certificate or other
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1 document and make findings required by the law of the
2 responding state. If the responding state is a foreign
3 jurisdiction, the tribunal may specify the amount of support
4 sought and provide other documents necessary to satisfy the
5 requirements of the responding state.
6 Section 21. Subsections (1) and (5) of section
7 88.3051, Florida Statutes, 1996 Supplement, are amended to
8 read:
9 88.3051 Duties and powers of responding tribunal.--
10 (1) When a responding tribunal of this state receives
11 a petition or comparable pleading from an initiating tribunal
12 or directly pursuant to s. 88.3011(3), it shall cause the
13 petition or comparable pleading to be filed and notify the
14 petitioner by first class mail where and when it was filed.
15 (5) If a responding tribunal of this state issues an
16 order under this act, the tribunal shall send a copy of the
17 order by first class mail to the petitioner and the respondent
18 and to the initiating tribunal, if any.
19 Section 22. Section 88.3061, Florida Statutes, 1996
20 Supplement, is amended to read:
21 88.3061 Inappropriate tribunal.--If a petition or
22 comparable pleading is received by an inappropriate tribunal
23 of this state, it shall forward the pleading and accompanying
24 documents to an appropriate tribunal in this state or another
25 state and notify the petitioner by first class mail where and
26 when the pleading was sent.
27 Section 23. Paragraphs (d) and (e) of subsection (2)
28 of section 88.3071, Florida Statutes, 1996 Supplement, are
29 amended to read:
30 88.3071 Duties of support enforcement agency.--
31
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1 (2) A support enforcement agency that is providing
2 services to the petitioner as appropriate shall:
3 (d) Within 10 days, exclusive of Saturdays, Sundays,
4 and legal holidays, after receipt of a written notice from an
5 initiating, responding, or registering tribunal, send a copy
6 of the notice by first class mail to the petitioner.
7 (e) Within 10 days, exclusive of Saturdays, Sundays,
8 and legal holidays, after receipt of a written communication
9 from the respondent or the respondent's attorney, send a copy
10 of the communication by first class mail to the petitioner.
11 Section 24. Section 88.5011, Florida Statutes, 1996
12 Supplement, is amended to read:
13 88.5011 Employer's receipt Recognition of
14 income-withholding order of another state.--
15 (1) An income-withholding order issued in another
16 state may be sent by first class mail to the person or entity
17 defined as the obligor's employer under the income deduction
18 law of this state or payor as defined by s. 61.046, without
19 first filing a petition or comparable pleading or registering
20 the order with a tribunal of this state. Upon receipt of the
21 order, the employer shall:
22 (a) Treat an income-withholding order issued in
23 another state which appears regular on its face as if it had
24 been issued by a tribunal of this state.
25 (b) Immediately provide a copy of the order to the
26 obligor.
27 (c) Distribute the funds as directed in the
28 withholding order.
29 (2) An obligor may contest the validity or enforcement
30 of an income-withholding order issued in another state in the
31 same manner as if the order had been issued by a tribunal of
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1 this state. Section 88.6041 (choice of law) applies to the
2 contest. The obligor shall give notice of the contest to any
3 support enforcement agency providing services to the obligee
4 and to:
5 (a) The person or agency designated to receive
6 payments in the income-withholding order; or
7 (b) If no person or agency is designated, the obligee.
8 Section 25. Section 88.50211, Florida Statutes, is
9 created to read:
10 88.50211 Employer's compliance with income-withholding
11 order of another state.--
12 (1) Upon receipt of an income-withholding order, the
13 obligor's employer shall immediately provide a copy of the
14 order to the obligor.
15 (2) The employer shall treat an income-withholding
16 order issued in another state which appears regular on its
17 face as if it had been issued by a tribunal of this state.
18 (3) Except as otherwise provided by subsection (4) and
19 s. 88.5031, the employer shall withhold and distribute the
20 funds as directed in the withholding order by complying with
21 the terms of the order which specify:
22 (a) The duration and amount of periodic payments of
23 current child support, stated as a sum certain;
24 (b) The person or agency designated to receive
25 payments and the address to which the payments are to be
26 forwarded;
27 (c) Medical support, whether in the form of periodic
28 cash payment, stated as a sum certain, or ordering the obligor
29 to provide health insurance coverage for the child under a
30 policy available through the obligor's employment;
31
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1 (d) The amount of periodic payments of fees and costs
2 for a support enforcement agency, the issuing tribunal, and
3 the obligee's attorney, stated as sums certain; and
4 (e) The amount of periodic payments of arrearages and
5 interest on arrearages, stated as sums certain.
6 (4) An employer shall comply with the law of the state
7 of the obligor's principal place of employment for withholding
8 from income with respect to:
9 (a) The employer's fee for processing an
10 income-withholding order;
11 (b) The maximum amount permitted to be withheld from
12 the obligor's income; and
13 (c) The times within which the employer must implement
14 the withholding order and forward the child support payment.
15 Section 26. Section 88.5031, Florida Statutes, is
16 created to read:
17 88.5031 Compliance with multiple income-withholding
18 orders.--If the obligor's employer receives multiple
19 income-withholding orders with respect to the earnings of the
20 same obligor, the employer satisfies the terms of the multiple
21 orders if the employer complies with the law of the state of
22 the obligor's principal place of employment to establish the
23 priorities for withholding and allocating income withheld for
24 multiple child support obligees.
25 Section 27. Section 88.5041, Florida Statutes, is
26 created to read:
27 88.5041 Immunity from civil liability.--An employer
28 who complies with an income-withholding order issued in
29 another state in accordance with this article is not subject
30 to civil liability to an individual or agency with regard to
31
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1 the employer's withholding of child support from the obligor's
2 income.
3 Section 28. Section 88.5051, Florida Statutes, is
4 created to read:
5 88.5051 Penalties for noncompliance.--An employer who
6 willfully fails to comply with an income-withholding order
7 issued by another state and received for enforcement is
8 subject to the same penalties that may be imposed for
9 noncompliance with an order issued by a tribunal of this
10 state.
11 Section 29. Section 88.5061, Florida Statutes, is
12 created to read:
13 88.5061 Contest by obligor.--
14 (1) An obligor may contest the validity or enforcement
15 of an income-withholding order issued in another state and
16 received directly by an employer in this state in the same
17 manner as if the order had been issued by a tribunal of this
18 state. Section 88.6041, choice of law, applies to the
19 contest.
20 (2) The obligor shall give notice of the contest to:
21 (a) A support enforcement agency providing services to
22 the obligee;
23 (b) Each employer that has directly received an
24 income-withholding order; and
25 (c) The person or agency designated to receive
26 payments in the income-withholding order, or if no person or
27 agency is designated, to the obligee.
28 Section 30. Section 88.5021, Florida Statutes, is
29 transferred and renumbered as section 88.5071, Florida
30 Statutes.
31
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1 Section 31. Subsection (1) of section 88.6051, Florida
2 Statutes, 1996 Supplement, is amended to read:
3 88.6051 Notice of registration of order.--
4 (1) When a support order or income-withholding order
5 issued in another state is registered, the registering
6 tribunal shall notify the nonregistering party. Notice must
7 be given by first class, certified, or registered mail or by
8 any means of personal service authorized by the law of this
9 state. The notice must be accompanied by a copy of the
10 registered order and the documents and relevant information
11 accompanying the order.
12 Section 32. Subsections (1) and (3) of section
13 88.6061, Florida Statutes, 1996 Supplement, are amended to
14 read:
15 88.6061 Procedure to contest validity or enforcement
16 of registered order.--
17 (1) A nonregistering party seeking to contest the
18 validity or enforcement of a registered order in this state
19 shall request a hearing within 20 days after the date of
20 mailing or personal service of notice of the registration.
21 The nonregistering party may seek to vacate the registration,
22 to assert any defense to an allegation of noncompliance with
23 the registered order, or to contest the remedies being sought
24 or the amount of any alleged arrearages pursuant to s.
25 88.6071.
26 (3) If a nonregistering party requests a hearing to
27 contest the validity or enforcement of the registered order,
28 the registering tribunal shall schedule the matter for hearing
29 and give notice to the parties by first class mail of the
30 date, time, and place of the hearing.
31
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1 Section 33. Section 88.6111, Florida Statutes, 1996
2 Supplement, is amended to read:
3 88.6111 Modification of child support order of another
4 state.--
5 (1) After a child support order issued in another
6 state has been registered in this state, the responding
7 tribunal of this state may modify that order only if, s.
8 88.6131 does not apply and after notice and hearing, it finds
9 that:
10 (a) The following requirements are met:
11 1. The child, the individual obligee, and the obligor
12 do not reside in the issuing state;
13 2. A petitioner who is a nonresident of this state
14 seeks modification; and
15 3. The respondent is subject to the personal
16 jurisdiction of the tribunal of this state; or
17 (b) An individual party or The child, or a party who
18 is an individual, is subject to the personal jurisdiction of
19 the tribunal of this state and all of the individual parties
20 who are individuals have filed a written consents consent in
21 the issuing tribunal for providing that a tribunal of this
22 state to may modify the support order and assume continuing
23 exclusive jurisdiction over the order. However, if the
24 issuing state is a foreign jurisdiction that has not enacted a
25 law or established procedures substantially similar to the
26 procedures under this act, the consent otherwise required of
27 an individual residing in this state is not required for the
28 tribunal to assume jurisdiction to modify the child support
29 order.
30 (2) Modification of a registered child support order
31 is subject to the same requirements, procedures, and defenses
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1 that apply to the modification of an order issued by a
2 tribunal of this state and the order may be enforced and
3 satisfied in the same manner.
4 (3) A tribunal of this state may not modify any aspect
5 of a child support order that may not be modified under the
6 law of the issuing state. If two or more tribunals have
7 issued child support orders for the same obligor and child,
8 the order that controls and must be so recognized under s.
9 88.2071 establishes the aspects of the support order which are
10 nonmodifiable.
11 (4) On issuance of an order modifying a child support
12 order issued in another state, a tribunal of this state
13 becomes the tribunal of continuing exclusive jurisdiction.
14 (5) Within 30 days after issuance of a modified child
15 support order, the party obtaining the modification shall file
16 a certified copy of the order with the issuing tribunal which
17 had continuing exclusive jurisdiction over the earlier order,
18 and in each tribunal in which the party knows that earlier
19 order has been registered.
20 Section 34. Section 88.6121, Florida Statutes, 1996
21 Supplement, is amended to read:
22 88.6121 Recognition of order modified in another
23 state.--A tribunal of this state shall recognize a
24 modification of its earlier child support order by a tribunal
25 of another state which assumed jurisdiction pursuant to this
26 act or a law substantially similar to this act and, upon
27 request, except as otherwise provided in this act, shall:
28 (1) Enforce the order that was modified only as to
29 amounts accruing before the modification.
30 (2) Enforce only nonmodifiable aspects of that order.
31
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1 (3) Provide other appropriate relief only for
2 violations of that order which occurred before the effective
3 date of the modification.
4 (4) Recognize the modifying order of the other state,
5 upon registration, for the purpose of enforcement.
6 Section 35. Section 88.6131, Florida Statutes, is
7 created to read:
8 88.6131 Jurisdiction to modify child support order of
9 another state when individual parties reside in this state.--
10 (1) If all of the parties who are individuals reside
11 in this state and the child does not reside in the issuing
12 state, a tribunal of this state has jurisdiction to enforce
13 and to modify the issuing state's child support order in a
14 proceeding to register that order.
15 (2) A tribunal of this state exercising jurisdiction
16 under this section shall apply the provisions of parts I and
17 II, this part and the procedural and substantive law of this
18 state to the proceeding for enforcement or modification.
19 Parts III through V, and parts VII and VIII do not apply.
20 Section 36. Section 88.6141, Florida Statutes, is
21 created to read:
22 88.6141 Notice to issuing tribunal of
23 modifications.--Within 30 days after issuance of a modified
24 child support order, the party obtaining the modification
25 shall file a certified copy of the order with the issuing
26 tribunal that had continuing exclusive jurisdiction over the
27 earlier order, and in each tribunal in which the party knows
28 the earlier order has been registered. A party who obtains
29 the order and fails to file a certified copy is subject to
30 appropriate sanctions by a tribunal in which the issue of
31 failure to file arises. The failure to file does not affect
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1 the validity or enforceability of the modified order of the
2 new tribunal having continuing exclusive jurisdiction.
3 Section 37. Subsection (1) of section 88.7011, Florida
4 Statutes, 1996 Supplement, is amended to read:
5 88.7011 Proceeding to determine parentage.--
6 (1) A tribunal of this state may serve as an
7 initiating or responding tribunal in a proceeding brought
8 under this act or a law or procedure substantially similar to
9 this act, the Uniform Reciprocal Enforcement of Support Act,
10 or the Revised Uniform Reciprocal Enforcement of Support Act
11 to determine that the petitioner is a parent of a particular
12 child or to determine that a respondent is a parent of that
13 child.
14 Section 38. Section 88.9051, Florida Statutes, is
15 created to read:
16 88.9051 Authority to adopt rules.--The department
17 shall have the authority to adopt rules to implement this
18 chapter.
19 Section 39. Subsection (15) of section 213.053,
20 Florida Statutes, 1996 Supplement, as amended by chapters
21 95-272 and 96-406, Laws of Florida, is amended to read:
22 213.053 Confidentiality and information sharing.--
23 (15) The department may disclose confidential taxpayer
24 information location information limited to the names and
25 addresses contained in returns, reports, accounts, or
26 declarations filed with the department by persons subject to
27 any state or local a tax enumerated in s. 213.05 to the
28 Division of Child Support Enforcement to assist in the
29 location of parents who owe or potentially owe a duty of
30 support pursuant to Title IV-D of the Social Security Act,
31 their assets, their income, and their employer. Additionally,
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1 the department may disclose asset information limited to the
2 number of units, value, and description of all intangible
3 personal property contained in returns, reports, accounts, or
4 declarations filed with the department by persons subject to
5 the tax imposed in chapter 199 to the Division of Child
6 Support Enforcement to assist in the location of assets owned
7 by parents who owe or potentially owe a duty of support
8 pursuant to Title IV-D of the Social Security Act. Nothing in
9 this subsection authorizes the disclosure of information if
10 such disclosure is prohibited by federal law. Employees of the
11 Division of Child Support Enforcement are bound by the same
12 requirements of confidentiality and the same penalties for
13 violation of the requirements as the department.
14 Section 40. Paragraph (a) of subsection (1) of section
15 231.17, Florida Statutes, 1996 Supplement, is amended to read:
16 231.17 Official statements of eligibility and
17 certificates granted on application to those meeting
18 prescribed requirements.--
19 (1) REQUIREMENTS.--
20 (a) Each person seeking certification pursuant to this
21 chapter shall submit a completed application to the Department
22 of Education and remit the fee required pursuant to s. 231.30.
23 Applications submitted shall contain the applicant's social
24 security number. Pursuant to the federal Personal
25 Responsibility and Work Opportunity Reconciliation Act of
26 1996, each party is required to provide his or her social
27 security number in accordance with this section. Disclosure
28 of social security numbers obtained through this requirement
29 shall be limited to the purpose of administration of the Title
30 IV-D program for child support enforcement.
31
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1 Section 41. Subsection (1) of section 320.05, Florida
2 Statutes, 1996 Supplement, is amended to read:
3 320.05 Records of the department; inspection
4 procedure; lists and searches; fees.--
5 (1) Upon receipt of an application for the
6 registration of a motor vehicle or mobile home, as herein
7 provided for, the department shall register the motor vehicle
8 or mobile home under the distinctive number assigned to such
9 motor vehicle or mobile home by the department, which
10 registration record shall be open to the inspection of the
11 public during business hours. Information on a motor vehicle
12 registration may not be made available to a person unless the
13 person requesting the information furnishes positive proof of
14 identification. The agency that furnishes a motor vehicle
15 registration record shall record the name and address of any
16 person other than a representative of a law enforcement agency
17 who requests and receives information from a motor vehicle
18 registration record and shall also record the name and address
19 of the person who is the subject of the inquiry or other
20 information identifying the entity about which information is
21 requested. A record of each such inquiry must be maintained
22 for a period of 6 months from the date upon which the
23 information was released to the inquirer. Nothing in this
24 section shall prohibit any financial institution, insurance
25 company, motor vehicle dealer, licensee under chapter 493,
26 attorney, or other agency which the department determines has
27 the right to know from obtaining, for professional or business
28 use only, information in such records from the department
29 through any means of telecommunication pursuant to a code
30 developed by the department providing all fees specified in
31 subsection (2) have been paid. The department shall disclose
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1 records or information to the child support enforcement agency
2 to assist in the location of individuals who owe or
3 potentially owe child support or to whom such an obligation is
4 owed pursuant to Title IV-D of the Social Security Act.
5 Section 42. Paragraph (a) of subsection (1) of section
6 382.008, Florida Statutes, 1996 Supplement, is amended to
7 read:
8 382.008 Death and fetal death registration.--
9 (1) A certificate for each death and fetal death which
10 occurs in this state shall be registered with the local
11 registrar of the district in which the death occurred within 5
12 days after such death and prior to final disposition or
13 removal of the dead body or fetus from the state, and shall be
14 registered by such registrar if it has been completed and
15 filed in accordance with this chapter:
16 (a) The certificate of death or fetal death shall be
17 in the form prescribed by the department, and shall include
18 the decedent's social security number, if available;
19 Section 43. Subsection (1) and paragraph (b) of
20 subsection (2) of section 382.013, Florida Statutes, are
21 amended to read:
22 382.013 Certificate of birth; registration.--
23 (1) A certificate of birth for each live birth which
24 occurs in this state shall be registered within 5 days after
25 such birth with the local registrar of the district in which
26 the birth occurred and shall be filed by the state office if
27 it has been completed and registered in accordance with this
28 section. The information regarding registered births shall be
29 used for comparison with information in the state case
30 registry, as defined in chapter 61.
31 (2)
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1 (b) If the mother is not married at the time of birth,
2 the person in charge of the institution or that person's
3 designated representative shall, after giving notice, orally
4 and in writing of the alternatives to, the legal consequences
5 of, and the rights, including, if one parent is a minor, any
6 rights afforded due to minority status, and responsibilities
7 that arise from, signing an acknowledgment of paternity, give
8 the mother and the person to be named as the father the
9 consent affidavit provided for in paragraph (6)(b) as well as
10 information provided by the Title IV-D agency established
11 pursuant to s. 409.2557 regarding the benefits of voluntary
12 establishment of paternity. The person in charge of the
13 institution or the designated representative, when requested
14 by the mother and the person to be named as the father, shall
15 assist in the execution of said consent affidavit.
16 Section 44. Paragraph (g) of subsection (2) of section
17 383.0112, Florida Statutes, 1996 Supplement, is amended to
18 read:
19 383.0112 The Commission on Responsible Fatherhood;
20 purpose; principles and responsibilities.--The purpose of the
21 Commission on Responsible Fatherhood is to raise awareness of
22 the problems created when a child grows up without the
23 presence of a responsible father, to identify obstacles that
24 impede or prevent the involvement of responsible fathers in
25 the lives of their children, and to identify strategies that
26 are successful in encouraging responsible fatherhood.
27 (2) RESPONSIBILITIES.--In order to carry out the
28 purpose of this section and s. 383.0113, subject to the
29 availability of funds, the commission shall:
30 (g) Sponsor a statewide symposium on the issue of
31 responsible fatherhood no later than December 1997 1996.
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1 Section 45. Section 383.0113, Florida Statutes, 1996
2 Supplement, is amended to read:
3 383.0113 Commission on Responsible Fatherhood;
4 creation; membership; powers and duties.--There is created the
5 Commission on Responsible Fatherhood in the Department of
6 Health and Rehabilitative Services.
7 (1) The commission shall consist of 26 not more than
8 25 members, as provided in this subsection and subsection (2)
9 follows:
10 (a) Eleven Seven members to be appointed by the
11 Governor. The appointments shall represent the various
12 organizations and individuals who have expertise in service
13 delivery in the area of responsible fatherhood.
14 (b) The executive director of the Florida Center for
15 Children and Youth or the director's designee.
16 (c) The executive director of the Florida Coalition
17 Against Domestic Violence or the director's designee.
18 (b)(d) A judge, to be appointed by the Chief Justice
19 of the Supreme Court to serve a 2-year term.
20 (e) A representative of Healthy Start, to be chosen by
21 the Florida Association of Healthy Start Coalitions.
22 (c)(f) Two members of the House of Representatives
23 from different political parties, to be appointed by the
24 Speaker.
25 (d)(g) Two members of the Senate from different
26 political parties, to be appointed by the President.
27 (h) A representative from the Florida Association of
28 Deans and Directors of Schools and departments of social work
29 from Florida colleges and universities.
30 (i) A representative of the Florida chapter of the
31 National Congress for Fathers and Children.
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1 (j) A representative of Men Against Destruction,
2 Defending Against Drugs and Social Disorder (MAD DADS).
3 (k) A representative of the Family Law Section of The
4 Florida Bar Association.
5 (l) A representative of the American Association of
6 Retired Persons.
7 (m) A representative of the Florida Chamber of
8 Commerce.
9 (n) A representative from the Florida Family Council.
10 (e)(o) Three additional members to be appointed by the
11 other members of the commission based on specific needs to
12 serve a 1-year term.
13 (2) The following representatives of state agencies
14 shall serve on the commission Technical assistance will be
15 provided to the commission by the following:
16 (a) The Secretary of Children and Family Health and
17 Rehabilitative Services, or the secretary's designee.
18 (b) The Commissioner of Education, or the
19 commissioner's designee.
20 (c) The Secretary of Labor and Employment Security, or
21 the secretary's designee.
22 (d) The executive director of the Department of
23 Revenue, or the director's designee. The designee shall have
24 experience with child support enforcement programs.
25 (e) The Secretary of Health, or the secretary's
26 designee. The designee must have experience with
27 community-based prenatal and infant health care coalitions as
28 established under s. 383.216. A representative of The Parent
29 Network of Florida.
30
31
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1 (f) The Secretary of Corrections, or the secretary's
2 designee. A representative of the Florida Network of Youth and
3 Family Services.
4 (g) The secretary of the Department of Juvenile
5 Justice or the secretary's designee.
6
7 Per diem and travel expenses for the individuals providing
8 technical assistance is to be provided from the budgets of
9 those agencies.
10 (3) All members of the commission, other than the
11 Governor's appointments and the commission's appointments,
12 must be appointed by July 1 of each year within 30 days after
13 this section, s. 383.0112, and s. 383.0114 become law. The
14 appointments of the Governor shall be made 30 days after the
15 other appointments, to allow for the composition of the
16 commission to be broadly reflective of the public. Any member
17 may be reappointed. The chairperson and vice chairperson of
18 the commission shall be appointed by the Governor and shall
19 serve for 2 years. The commission is encouraged to appoint
20 subcommittees, including regional subcommittees, that include
21 citizens who are knowledgeable in a subject area but who are
22 not members of the commission and who may not vote on the
23 final report and recommendations of the commission, but may
24 submit reports and recommendations for review by the
25 commission and may be invited to testify to the commission by
26 a member of the commission.
27 (4) Members appointed by the Governor shall be
28 appointed for 2-year terms. However, initial terms of less
29 than 2 years may be utilized to ensure that no more than 8
30 members' terms expire during the same calendar year.
31
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1 (5) Terms of appointees who are serving on the
2 commission on the effective date of this act shall expire June
3 30, 1997.
4 (6)(4) The commission shall hold its first meeting
5 within 30 days after the appointments, except the Governor's
6 and the commission's appointments, are made. Members of the
7 commission shall serve without compensation but shall be
8 allowed per diem and travel expenses, as provided in s.
9 112.061. Per diem and travel expenses of members of the
10 commission employed by the State of Florida are to be provided
11 from the budgets of those employing agencies. Members of the
12 commission who serve as members of the Legislature are to be
13 reimbursed from the legislative budget.
14 (7)(5) The commission shall meet as the resources of
15 the commission allow.
16 (8)(6) Subject to the availability of funds, the
17 department of Health and Rehabilitative Services is directed
18 to contract with one or more corporations, agencies,
19 individuals, or governmental entities to accomplish the goals
20 of s. 383.0112 and this section. The department of Health and
21 Rehabilitative Services must ensure that the corporations,
22 agencies, individuals, or governmental entities, either
23 separately or together, are able to provide staff support
24 services and must have the research ability to carry out the
25 purposes and responsibilities of the commission.
26 (9)(7) The commission shall have the authority to
27 apply for grants and accept private contributions.
28 (10)(8) The commission is assigned to the department
29 of Health and Rehabilitative Services for administrative and
30 fiscal accountability purposes, but it shall otherwise
31
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1 function independently of the control, supervision, and
2 direction of the department.
3 (11)(9) The Governor may remove any member of the
4 commission for cause.
5 (12)(10) The commission shall develop a budget
6 pursuant to the provisions of chapter 216. The budget is not
7 subject to change by the department staff after it has been
8 approved by the commission, but it shall be transmitted to the
9 Governor along with the budget of the department.
10 Section 46. Section 383.216, Florida Statutes, is
11 amended to read:
12 383.216 Community-based prenatal and infant health
13 care.--
14 (1) The Department of Health and Rehabilitative
15 Services shall cooperate with localities which wish to
16 establish prenatal and infant health care coalitions, and
17 shall acknowledge and incorporate, if appropriate, existing
18 community children's services organizations, pursuant to this
19 section within the resources allocated. The purpose of this
20 program is to establish a partnership among the private
21 sector, the public sector, state government, local government,
22 community alliances, and maternal and child health care
23 providers, for the provision of coordinated community-based
24 prenatal and infant health care. The prenatal and infant
25 health care coalitions must work in a coordinated,
26 nonduplicative manner with local health planning councils
27 established pursuant to s. 408.033.
28 (2) Each prenatal and infant health care coalition
29 shall develop, in coordination with the department of Health
30 and Rehabilitative Services, a plan which shall include at a
31 minimum provision to:
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1 (a) Perform community assessments, using the Planned
2 Approach to Community Health (PATCH) process, to identify the
3 local need for comprehensive preventive and primary prenatal
4 and infant health care. These assessments shall be used to:
5 1. Determine the priority target groups for receipt of
6 care.
7 2. Determine outcome performance objectives jointly
8 with the department.
9 3. Identify potential local providers of services.
10 4. Determine the type of services required to serve
11 the identified priority target groups.
12 5. Identify the unmet need for services for the
13 identified priority target groups.
14 (b) Design a prenatal and infant health care services
15 delivery plan which is consistent with local community
16 objectives and this section.
17 (c) Solicit and select local service providers based
18 on reliability and availability, and define the role of each
19 in the services delivery plan.
20 (d) Determine the allocation of available federal,
21 state, and local resources to prenatal and infant health care
22 providers.
23 (e) Review, monitor, and advise the department
24 concerning the performance of the services delivery system,
25 and make any necessary annual adjustments in the design of the
26 delivery system, the provider composition, the targeting of
27 services, and other factors necessary for achieving projected
28 outcomes.
29 (f) Build broad-based community support.
30 (3) Each prenatal and infant health care coalition
31 shall identify and encourage community-based approaches that
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1 promote successful strategies for involving responsible
2 fathers in the lives of their children.
3 (4)(3) Supervision of the prenatal and infant health
4 care coalitions is the responsibility of the department. The
5 department shall:
6 (a) Assist in the formation and development of the
7 coalitions.
8 (b) Define the core services package so that it is
9 consistent with the prenatal and infant health care services
10 delivery plan.
11 (c) Provide data and technical assistance.
12 (d) Assure implementation of a quality management
13 system within the provider coalition.
14 (e) Define statewide, uniform eligibility and fee
15 schedules.
16 (f) Evaluate provider performance based on outcome
17 measures established by the prenatal and infant health care
18 coalition and the department.
19 (5)(4) In those communities which do not elect to
20 establish a prenatal and infant health care coalition, the
21 department of Health and Rehabilitative Services is
22 responsible for all of the functions delegated to the
23 coalitions in this section.
24 (6)(5) The membership of each prenatal and infant
25 health care coalition shall represent health care providers,
26 the recipient community, and the community at large; shall
27 represent the racial, ethnic, and gender composition of the
28 community; and shall include at least the following:
29 (a) Consumers of family planning, primary care, or
30 prenatal care services, at least two of whom are low-income or
31 Medicaid eligible.
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1 (b) Health care providers, including:
2 1. County public health departments units.
3 2. Migrant and community health centers.
4 3. Hospitals.
5 4. Local medical societies.
6 5. Local health planning organizations.
7 (c) Local health advocacy interest groups and
8 community organizations.
9 (d) County and municipal governments.
10 (e) Social service organizations.
11 (f) Local education communities.
12 (7)(6) Prenatal and infant health care coalitions may
13 be established for single counties or for services delivery
14 catchment areas. A prenatal and infant health care coalition
15 shall be initiated at the local level on a voluntary basis.
16 Once a coalition has been organized locally and includes the
17 membership specified in subsection (6) (5), the coalition must
18 submit a list of its members to the Secretary of Health and
19 Rehabilitative Services to carry out the responsibilities
20 outlined in this section.
21 (8)(7) Effective January 1, 1992, the department of
22 Health and Rehabilitative Services shall provide up to
23 $150,000 to each prenatal and infant health care coalition
24 that petitions for recognition, meets the membership criteria,
25 demonstrates the commitment of all the designated members to
26 participate in the coalition, and provides a local cash or
27 in-kind contribution match of 25 percent of the costs of the
28 coalition. An in-kind contribution match may be in the form of
29 staff time, office facilities, or supplies or other materials
30 necessary for the functioning of the coalition.
31
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1 (9)(8) Local prenatal and infant health care
2 coalitions may hire staff or contract for independent staffing
3 and support to enable them to carry out the objectives of this
4 section. Staff shall have knowledge and expertise in
5 community health and related resources and planning, grant
6 writing, public information and communication techniques,
7 organizational development, and data compilation and analysis.
8 (10)(9) Local prenatal and infant health care
9 coalitions shall incorporate as not-for-profit corporations
10 for the purpose of seeking and receiving grants from federal,
11 state, and local government and other contributors.
12 (11)(10) The department of Health and Rehabilitative
13 Services shall adopt rules as necessary to implement this
14 section, including rules defining acceptable "in-kind"
15 contributions.
16 Section 47. Paragraph (a) of subsection (3) of section
17 402.308, Florida Statutes, is amended to read:
18 402.308 Issuance of license.--
19 (3) STATE ADMINISTRATION OF LICENSING.--In any county
20 in which the department has the authority to issue licenses,
21 the following procedures shall be applied:
22 (a) Application for a license or for a renewal of a
23 license to operate a child care facility shall be made in the
24 manner and on the forms prescribed by the department. The
25 applicant's social security number shall be included on the
26 form submitted to the department. Pursuant to the federal
27 Personal Responsibility and Work Opportunity Reconciliation
28 Act of 1996, each applicant is required to provide his or her
29 social security number in accordance with this section.
30 Disclosure of social security numbers obtained through this
31
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1 requirement shall be limited to the purpose of administration
2 of the Title IV-D program for child support enforcement.
3 Section 48. The introductory paragraph of section
4 409.2554, Florida Statutes, 1996 Supplement, is amended to
5 read:
6 409.2554 Definitions.--As used in ss.
7 409.2551-409.2598 409.2551-409.2597, the term:
8 Section 49. Section 409.25575, Florida Statutes, is
9 created to read:
10 409.25575 Child support enforcement; privatization.--
11 (1) It is the intent of the Legislature to encourage
12 the Department of Revenue to contract with private entities
13 for the provision of child support enforcement services
14 whenever such contracting is cost-effective.
15 (2) The department shall contract for the delivery,
16 administration, or management of child support enforcement
17 activities and other related services or programs, when
18 appropriate. The department shall retain responsibility for
19 the quality of contracted services and programs and shall
20 ensure that services are delivered in accordance with
21 applicable federal and state statutes and regulations.
22 (3)(a) The department shall establish a quality
23 assurance program for the privatization of services. The
24 quality assurance program must include standards for each
25 specific component of these services. The department shall
26 establish minimum thresholds for each component. Each program
27 operated pursuant to contract must be evaluated annually by
28 the department or by an objective competent entity designated
29 by the department under the provisions of the quality
30 assurance program. The evaluation must be financed from cost
31 savings associated with the privatization of services. The
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1 department shall submit an annual report regarding quality
2 performance, outcome measure attainment, and cost efficiency
3 to the President of the Senate, the Speaker of the House of
4 Representatives, the Minority leader of each house of the
5 Legislature, and the Governor no later than January 31 of each
6 year, beginning in 1999. The quality assurance program must be
7 financed through administrative savings generated by this act.
8 (b) The department shall establish and operate a
9 comprehensive system to measure and report annually the
10 outcomes and effectiveness of the services that have been
11 privatized. The department shall use these findings in making
12 recommendations to the Governor and the Legislature for future
13 program and funding priorities in the child support
14 enforcement system.
15 (4)(a) Any entity contracting to provide child support
16 enforcement services under this section must comply with all
17 statutory requirements and agency regulations in the provision
18 of contractual services.
19 (b) Any entity contracting to provide child support
20 enforcement services under this section must also participate
21 in and cooperate with any federal program that will assist in
22 the maximization of federal supports for these services, as
23 directed by the department.
24 Section 50. Subsection (1) of section 409.2561,
25 Florida Statutes, 1996 Supplement, is amended to read:
26 409.2561 Public assistance payments; reimbursement of
27 obligation to department; assignment of rights; subrogation;
28 medical and health insurance information.--
29 (1) Any payment of public assistance money made to, or
30 for the benefit of, any dependent child creates an obligation
31 in an amount equal to the amount of public assistance paid. If
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1 there has been a prior court order or final judgment of
2 dissolution of marriage establishing an obligation of support,
3 the obligation is limited to the amount provided by such court
4 order or decree pursuant to the applicable child support
5 guidelines in s. 61.30. The obligor shall discharge the
6 reimbursement obligation. If the obligor fails to discharge
7 the reimbursement obligation, the department may apply for a
8 contempt order to enforce reimbursement for support furnished.
9 The extraordinary remedy of contempt is applicable in child
10 support enforcement cases because of the public necessity for
11 ensuring that dependent children be maintained from the
12 resources of their parents, thereby relieving, at least in
13 part, the burden presently borne by the general citizenry
14 through the public assistance program. If there is no prior
15 court order establishing an obligation of support, the court
16 shall establish the liability of the obligor, if any, for
17 reimbursement of public assistance moneys paid, by applying
18 the child support guidelines in s. 61.30 for the public
19 assistance period. Priority shall be given to establishing
20 continuing reasonable support for the dependent child. The
21 department may apply for modification of a court order on the
22 same grounds as either party to the cause and shall have the
23 right to settle and compromise actions brought pursuant to
24 law.
25 Section 51. Effective October 1, 1997, subsection (1)
26 of section 409.2564, Florida Statutes, 1996 Supplement, is
27 amended and subsections (8), (9), (10), (11), (12), and (13)
28 are added to said section, to read:
29 409.2564 Actions for support.--
30 (1) In each case in which regular support payments are
31 not being made as provided herein, the department shall
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1 institute, within 30 days after determination of the obligor's
2 reasonable ability to pay, action as is necessary to secure
3 the obligor's payment of current support and any arrearage
4 which may have accrued under an existing order of support.
5 The department shall notify the program attorney in the
6 judicial circuit in which the recipient resides setting forth
7 the facts in the case, including the obligor's address, if
8 known, and the public assistance case number. Whenever
9 applicable, the procedures established under the provisions of
10 chapter 88, Uniform Interstate Family Support Act Uniform
11 Reciprocal Enforcement of Support, and chapter 61, Dissolution
12 of Marriage; Support; Custody, and chapter 39, Proceedings
13 Relating to Juveniles, may govern actions instituted under the
14 provisions of this act, except that actions for support under
15 chapter 39 brought pursuant to this act shall not require any
16 additional investigation or supervision by the department.
17 (8) The director of the Title IV-D agency, or the
18 director's designee, is authorized to subpoena financial and
19 other information from any person necessary to establish,
20 modify, or enforce a child support order. The agency is
21 authorized to impose a fine for failure to comply with the
22 subpoena.
23 (a) For the purpose of any investigation under this
24 chapter, any designated employee may administer oaths or
25 affirmations, subpoena witnesses and compel their attendance,
26 take evidence and require the production of any matter which
27 is relevant to the investigation, including the existence,
28 description, nature, custody, condition, and location of any
29 books, documents, or other tangible things and the identity
30 and location of persons having knowledge of relevant facts or
31
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1 any other matter reasonably calculated to lead to the
2 discovery of material evidence.
3 (b) Prior to issuance of a fine, the department shall
4 issue a written notification of noncompliance. Failure to
5 comply within 15 days of receipt of the written notification
6 without good cause may result in the agency taking the
7 following actions:
8 1. Imposition of an administrative fine of not more
9 than $500;
10 2. The application by the Title IV-D agency to the
11 circuit court for an order compelling compliance. The person
12 shall be liable for attorney's fees and costs associated with
13 the department bringing this action upon showing by the
14 department that the employer failed to comply with the
15 request.
16 (c) All fines collected pursuant to this section shall
17 be made payable to the Child Support Enforcement Application
18 Fee and Program Revenue Trust Fund.
19 (9) In cases in which support is subject to an
20 assignment as required under s. 409.2561(2), the Title IV-D
21 agency shall, upon providing notice to the obligor and
22 obligee, direct the obligor or other payor to change the payee
23 to the appropriate depository.
24 (10)(a) For the purpose of securing delinquent
25 support, the Title IV-D agency may increase the amount of the
26 monthly child support obligation to include amounts for
27 delinquencies, subject to such conditions or limitations as
28 set forth in paragraph (b).
29 (b) In child support obligations not subject to income
30 deduction, the Title IV-D agency shall notify the obligor of
31 his or her delinquency and of the department's intent to
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1 require an additional 20 percent of the monthly obligation
2 amount to allow for collection of the delinquency unless,
3 within 20 days, the obligor:
4 1. Pays the delinquency in full; or
5 2. Files a petition with the circuit court to contest
6 the delinquency action.
7 (11) For the purposes of denial, revocation, or
8 limitation of an individual's United States Passport,
9 consistent with 42 U.S.C. s. 452(1)(k), the Title IV-D agency
10 shall have procedures to certify to the Secretary of the
11 United States Department of Health and Human Services, in the
12 format and accompanied by such supporting documentation as the
13 secretary may require, a determination that an individual owes
14 arrearages of child support in an amount exceeding $5,000.
15 Said procedures shall provide that the individual be given
16 notice of the determination and of the consequence thereof and
17 that the individual shall be given an opportunity to contest
18 the accuracy of the determination.
19 (12) The Title IV-D agency shall review support orders
20 in IV-D cases at least every 3 years upon request by either
21 party, or the agency in cases where there is an assignment of
22 support to the state under s. 414.095(8), and may seek
23 adjustment of the order if appropriate under the guidelines
24 established in s. 61.30. Not less than once every 3 years the
25 IV-D agency shall provide notice to the parties subject to the
26 order informing them of their right to request a review and,
27 if appropriate, an adjustment of the support order. Said
28 notice requirement may be met by including appropriate
29 language in the initial support order or any subsequent
30 orders.
31
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1 (13) The department shall have the authority to adopt
2 rules to implement this section.
3 Section 52. Section 409.25641, Florida Statutes, is
4 created to read:
5 409.25641 Procedures for processing interstate
6 enforcement requests.--
7 (1) The Title IV-D agency shall respond within 5
8 business days to a request from another state to enforce a
9 support order.
10 (2)(a) This request may be transmitted from the other
11 state by electronic or other means; and
12 (b) Shall contain sufficient identifying information
13 to allow comparison with the databases within the state which
14 are available to the Title IV-D agency; and
15 (c) Shall constitute a certification by the requesting
16 state; and
17 1. Of the amount of arrearage accrued under the order;
18 and
19 2. That the requesting state has complied with all
20 procedural due process requirements applicable to the case.
21 (3) If assistance is provided by the Title IV-D agency
22 to another state as prescribed above, neither state shall
23 consider the case to be transferred from the caseload of the
24 other state to the caseload of the Title IV-D agency.
25 (4) The Title IV-D agency shall maintain a record of:
26 (a) The number of requests received;
27 (b) The number of cases for which the Title IV-D
28 agency collected support in response to such a request; and
29 (c) The amount of such collected support.
30 (5) The department shall have authority to adopt rules
31 to implement this section.
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1 Section 53. Section 409.25645, Florida Statutes, 1996
2 Supplement, is amended to read:
3 409.25645 Administrative orders for genetic
4 testing.--The department is authorized to use institute one or
5 more pilot programs using administrative orders to require
6 genetic testing in Title IV-D cases. In such cases the
7 department or an authorized agent may issue an administrative
8 order to a putative father who has not voluntarily submitted
9 to genetic testing, directing him to appear for a genetic test
10 to determine the paternity of a child, provided that the
11 department shall have no authority to issue such an order in
12 the absence of an affidavit of the child's mother stating that
13 the putative father is or may be a parent of the child. The
14 administrative order shall state:
15 (1) The type of genetic test that will be used.
16 (2) The date, time, and place to appear for the
17 genetic test.
18 (3) That upon failure to appear for the genetic test,
19 or refusal to be tested, the department shall file a petition
20 in circuit court to establish paternity and support.
21
22 A copy of the affidavit which is the basis for the issuance of
23 the administrative order shall be attached to the order. The
24 administrative order is exempt from the hearing provisions in
25 chapter 120, because the person to whom it is directed shall
26 have an opportunity to object in circuit court in the event
27 the department pursues the matter by filing a petition in
28 circuit court. The department may serve the administrative
29 order to appear for a genetic test by regular mail. In any
30 case in which more than one putative father has been
31 identified, the department may proceed under this section with
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1 respect to all putative fathers. If the department receives a
2 request from another state Title IV-D agency to assist in the
3 establishment of paternity, the department may cause an
4 administrative order to appear for a genetic test to be served
5 on a putative father who resides in Florida.
6 Section 54. Section 409.25656, Florida Statutes, 1996
7 Supplement, is amended to read:
8 409.25656 Garnishment.--
9 (1) If a person has a child support obligation which
10 is is delinquent in paying a child support obligation subject
11 to enforcement by the department as the state Title IV-D
12 program, the executive director or his or her designee may
13 give notice of past-due and/or overdue support the amount of
14 such delinquency by registered mail to all persons who have in
15 their possession or under their control any credits or
16 personal property, including exclusive of wages, belonging to
17 the delinquent child support obligor, or owing any debts to
18 the delinquent child support obligor at the time of receipt by
19 them of such notice. Thereafter, any person who has been
20 notified may not transfer or make any other disposition, up to
21 the amount provided for in the notice, of such credits, other
22 personal property, or debts until the executive director or
23 his or her designee consents to a transfer or disposition, or
24 until 60 days after the receipt of such notice. The notice
25 provided for in this section may be renewed If the delinquent
26 obligor contests the intended levy in the circuit court or
27 under chapter 120, the notice under this section shall remain
28 in effect until final disposition of that circuit court or
29 chapter 120 pending final resolution of that action. Any
30 financial institution receiving such notice will maintain a
31
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1 right of set off for any transaction involving a debit card
2 occurring on or before the date of receipt of such notice.
3 (2) Each person who is notified under this section
4 must, within 5 days after receipt of the notice, advise the
5 executive director or his or her designee of the credits,
6 other personal property, or debts in their possession, under
7 their control, or owed by them and must advise the executive
8 director or designee within 5 days of coming into possession
9 or control of any subsequent credits, personal property, or
10 debts owed during the time prescribed by the notice. Any such
11 person coming into possession or control of such subsequent
12 credits, personal property, or debts shall not transfer or
13 dispose of them during the time prescribed by the notice or
14 until the department consents to a transfer owing them.
15 (3) During the last 30 days of the 60-day period set
16 forth in subsection (1), the executive director or his or her
17 designee may levy upon such credits, other personal property,
18 or debts. The levy must be accomplished by delivery of a
19 notice of levy by registered mail, upon receipt of which the
20 person possessing the credits, other personal property, or
21 debts shall transfer them to the department or pay to the
22 department the amount owed to the delinquent obligor.
23 (4) A notice that is delivered under this section is
24 effective at the time of delivery against all credits, other
25 personal property, or debts of the delinquent child support
26 obligor which are not at the time of such notice subject to an
27 attachment, garnishment, or execution issued through a
28 judicial process.
29 (5) The department is authorized to bring an action in
30 circuit court for an order compelling compliance with any
31 notice issued under this section.
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1 (6) Any person acting in accordance with the terms of
2 the notice or levy issued by the executive director or his or
3 her designee is expressly discharged from any obligation or
4 liability to the delinquent obligor with respect to such
5 credits, other personal property, or debts of the delinquent
6 obligor affected by compliance with the notice of freeze or
7 levy.
8 (7)(6)(a) Levy may be made under subsection (3) upon
9 credits, other personal property, or debt of any person with
10 respect to any past-due or over-due delinquent child support
11 obligation only after the executive director or his or her
12 designee has notified such person in writing of the intention
13 to make such levy.
14 (b) Not less than 30 days before the day of the levy,
15 the notice of intent to levy required under paragraph (a) must
16 be given in person or sent by certified or registered mail to
17 the person's last known address.
18 (c) The notice required in paragraph (a) must include
19 a brief statement that sets forth in simple and nontechnical
20 terms:
21 1. The provisions of this section relating to levy and
22 sale of property;
23 2. The procedures applicable to the levy under this
24 section;
25 3. The administrative and judicial appeals available
26 to the delinquent obligor with respect to such levy and sale,
27 and the procedures relating to such appeals; and
28 4. The alternatives, if any, available to the
29 delinquent obligor which could prevent levy on the property.
30 (8)(7) An A delinquent child support obligor may
31 contest the notice of intent to levy provided for under
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1 subsection (7) (6) by filing an action in circuit court.
2 Alternatively, the delinquent obligor may file a petition
3 under the applicable provisions of chapter 120. After an
4 action has been initiated under chapter 120 to contest the
5 notice of intent to levy, an action relating to the same levy
6 may not be filed by the delinquent obligor in circuit court,
7 and judicial review is exclusively limited to appellate review
8 pursuant to s. 120.68. Also, after an action has been
9 initiated in circuit court, an action may not be brought under
10 chapter 120.
11 (9)(8) An action may not be brought to contest a
12 notice of intent to levy under chapter 120 or in circuit
13 court, later than 21 days after the date of receipt of the
14 notice of intent to levy.
15 (10)(9) The department shall provide notice to the
16 Comptroller, in electronic or other form specified by the
17 Comptroller, listing the obligors for whom warrants are
18 outstanding. Pursuant to subsection (1), the Comptroller
19 shall, upon notice from the department, withhold all payments
20 to any delinquent child support obligor who provides
21 commodities or services to the state, leases real property to
22 the state, or constructs a public building or public work for
23 the state. The department may levy upon the withheld payments
24 in accordance with subsection (3). Section 215.422 does not
25 apply from the date the notice is filed with the Comptroller
26 until the date the department notifies the Comptroller of its
27 consent to make payment to the person or 60 days after receipt
28 of the department's notice in accordance with subsection (1),
29 whichever occurs earlier.
30 (11) The Department of Revenue has the authority to
31 adopt rules to implement this section.
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1 Section 55. Section 409.25657, Florida Statutes, is
2 created to read:
3 409.25657 Requirements for financial institutions.--
4 (1) Definitions.--For purposes of this section,
5 reference is made to 42 U.S.C. s. 669A:
6 (a) "Financial institution" means:
7 1. A depository institution, as defined in section
8 3(c) of the Federal Deposit Insurance Act (12 U.S.C. s.
9 1813(c));
10 2. An institution-affiliated party, as defined in
11 section 3(u) of such act (12 U.S.C. s. 1813(u));
12 3. Any federal credit union or state credit union, as
13 defined in section 101 of the Federal Credit Union Act (12
14 U.S.C. s. 1752), including an institution-affiliated party of
15 such a credit union, as defined in section 206(r) of such act
16 (12 U.S.C. s. 1786(r)); and
17 4. Any benefit association, insurance company, safe
18 deposit company, money-market mutual fund, or similar entity
19 authorized to do business in the state.
20 (b) An "account" means a demand deposit account,
21 checking or negotiable withdrawal order account, savings
22 account, time deposit account, or money-market mutual fund
23 account.
24 (2) The department shall develop procedures to enter
25 into agreements with financial institutions doing business in
26 the state, to develop and operate, in coordination with such
27 financial institutions, a data match system, using automated
28 data exchanges to the maximum extent feasible, in which each
29 financial institution is required to provide for each calendar
30 quarter the name, record address, social security number or
31 other taxpayer identification number, and other identifying
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1 information for each noncustodial parent who maintains an
2 account at such institution and who owes past-due support, as
3 identified by the department by name and social security
4 number or other taxpayer identification number.
5 (3) The department shall pay a reasonable fee to a
6 financial institution for conducting the data match provided
7 for in subsection (2), not to exceed the actual costs incurred
8 by such financial institution.
9 (4) A financial institution shall not be liable to any
10 person nor shall it be required to provide notice to its
11 customers:
12 (a) For disclosure of any information as required
13 under this section; or
14 (b) For encumbering or surrendering any assets held by
15 such financial institution in response to a notice of lien or
16 levy issued by the department; or
17 (c) For disclosing any information in connection with
18 a data match; or
19 (d) For any other action taken in good faith to comply
20 with the requirements of this section.
21 (5) Any financial records obtained pursuant to this
22 section may be disclosed only for the purpose of, and to the
23 extent necessary in, establishing, modifying, or enforcing a
24 child support obligation of such individual.
25 (6) The Department of Revenue may adopt rules for
26 establishing the procedures for automated data matches with
27 financial institutions.
28 Section 56. Section 409.2567, Florida Statutes, 1996
29 Supplement, is amended to read:
30 409.2567 Services to individuals not otherwise
31 eligible.--All child support and paternity determination
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1 services provided by the department shall be made available on
2 behalf of all dependent children. Services shall be provided
3 upon acceptance of public assistance or upon proper
4 application filed with the department. The department shall
5 adopt rules to provide for the payment of a $25 application
6 fee from each applicant who is not a public assistance
7 recipient. The application fee shall be deposited in the Child
8 Support Enforcement Application and User Fee Trust Fund within
9 the Department of Revenue to be used for the Child Support
10 Enforcement Program. The obligor is responsible for all
11 administrative costs, as defined in s. 409.2554. The court
12 shall order payment of administrative costs without requiring
13 the department to have a member of the bar testify or submit
14 an affidavit as to the reasonableness of the costs. An
15 attorney-client relationship exists only between the
16 department and the legal services providers in Title IV-D
17 cases. The attorney shall advise the obligee in Title IV-D
18 cases that the attorney represents the agency and not the
19 obligee. In Title IV-D cases, any costs, including filing
20 fees, recording fees, mediation costs, service of process
21 fees, and other expenses incurred by the clerk of the circuit
22 court, shall be assessed only against the nonprevailing
23 obligor after the court makes a determination of the
24 nonprevailing obligor's ability to pay such costs and fees. In
25 any case where the court does not award all costs the court
26 shall state in the record its reasons for not awarding the
27 costs. The Department of Revenue shall not be considered a
28 party for purposes of this section; however, fees may be
29 assessed against the department pursuant to s. 57.105(1). The
30 department shall submit a monthly report to the Governor and
31 the chairs of the Appropriations Committee of the House of
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1 Representatives and the Ways and Means Committee of the Senate
2 specifying the funds identified for collection from the
3 noncustodial parents of children receiving temporary
4 assistance and the amounts actually collected.
5 Section 57. Paragraph (b) of subsection (2) of section
6 409.2574, Florida Statutes, is amended to read:
7 409.2574 Income deduction enforcement in Title IV-D
8 cases.--
9 (2)
10 (b) The department shall serve a notice of its intent
11 to enforce income deduction on the obligor that the income
12 deduction notice has been served on the employers. Service
13 upon an obligor under this section shall be made in the manner
14 prescribed in chapter 48. The department shall furnish to the
15 obligor a statement of his rights, remedies, and duties in
16 regard to the income deduction.
17 Section 58. Section 409.2576, Florida Statutes, is
18 created to read:
19 409.2576 State Directory of New Hires; definitions;
20 furnishing reports and data; matches to state registry;
21 service of deduction notices; national registry; disclosure of
22 information; rulemaking authority.--
23 (1) DIRECTORY CREATED.--The State Directory of New
24 Hires is hereby created and shall be administered by the
25 Department of Revenue or its agent. The Department of Labor
26 and Employment Security will act as the agent until a date not
27 later than October 1, 1998. All employers in the state shall
28 furnish a report consistent with subsection (3) for each newly
29 hired or rehired employee unless the employee is employed by a
30 federal or state agency performing intelligence or
31 counterintelligence functions and the head of such agency has
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1 determined that reporting pursuant to this section could
2 endanger the safety of the employee or compromise an ongoing
3 investigation or intelligence mission.
4 (2) DEFINITIONS.--For purposes of this section:
5 (a) "Employee" is defined as an individual who is an
6 employee within the meaning of chapter 24 of the Internal
7 Revenue Code of 1986.
8 (b) "Employer" has the meaning given such term in
9 section 3401(d) of the Internal Revenue Code of 1986 and
10 includes any government entity and labor organization.
11 (c) "Labor organization" has the meaning given such
12 term in section 2(5) of the National Labor Relations Act and
13 includes any entity which is used by the organization and an
14 employer to carry out requirements described in section
15 8(f)(3) of such act of an agreement between the organization
16 and employer.
17 (d) "Date of hire" is the first day of work for which
18 the employee is owed income.
19 (3) EMPLOYERS TO FURNISH REPORTS.--
20 (a) Each employer subject to the reporting
21 requirements of chapter 443 with 250 or more employees, shall
22 provide to the State Directory of New Hires, a report listing
23 the employer's legal name, address, and unemployment
24 compensation identification number. The report must also
25 provide the name and social security number of each new
26 employee or rehired employee at the end of the first pay
27 period following employment or reemployment.
28 (b) Upon termination of the contract with the
29 Department of Labor and Employment Security, but not later
30 than October 1, 1998, all employers shall furnish a report to
31 the State Directory of New Hires of the state in which the
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1 newly hired or rehired employee works. The report required in
2 this section shall be made on a W-4 form or, at the option of
3 the employer, an equivalent form, and can be transmitted
4 magnetically, electronically, by first class mail, or other
5 methods which may be prescribed by the State Directory. Each
6 report shall include the name, address, date of hire, and
7 social security number of every new and rehired employee and
8 the name, address, and federal employer identification number
9 of the reporting employer. If available, the employer may
10 also include the employee's date of birth in the report.
11 Multistate employers that report new hire information
12 electronically or magnetically may designate a single state to
13 which it will transmit the above noted report, provided the
14 employer has employees in that state and the employer notifies
15 the Secretary of Health and Human Services in writing to which
16 state the information will be provided. Agencies of the
17 United States Government shall report directly to the National
18 Directory of New Hires.
19 (c) Pursuant to the federal Personal Responsibility
20 and Work Opportunity Reconciliation Act of 1996, each party is
21 required to provide his or her social security number in
22 accordance with this section. Disclosure of social security
23 numbers obtained through this requirement shall be limited to
24 the purpose of administration of the Title IV-D program for
25 child support enforcement.
26 (4) TIME FOR REPORTS.--Employers must report new hire
27 information, as described in subsection (3), within 20 days of
28 the hire date of the employee, or, in the case of employers
29 that report new hire information electronically or by magnetic
30 tape, by two monthly transmissions, if necessary, not less
31 than 12 days nor more than 16 days apart.
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1 (5) ENTRY OF DATA.--The State Directory of New Hires
2 shall enter new hire information into an automated database
3 within 5 business days of receipt.
4 (6) MATCHES TO STATE REGISTRY.--Not later than May 1,
5 1998, the Department of Revenue or its agent must conduct
6 automated matches of the social security numbers of employees
7 reported to the State Directory of New Hires against the
8 social security numbers of records in the State Case Registry.
9 The Title IV-D agency shall use the new hire information
10 received to locate individuals for the purposes of
11 establishing paternity and establishing, modifying, and
12 enforcing support obligations. Private entities under
13 contract with the Title IV-D agency to provide Title IV-D
14 services may have access to information obtained from the
15 State Directory of New Hires and must comply with privacy
16 safeguards.
17 (7) WAGE WITHHOLDING NOTICE.--Not later than October
18 1, 1998, the Title IV-D agency shall transmit a wage
19 withholding notice consistent with s. 61.1301 to the
20 employee's employer within 2 business days of entry of the new
21 hire information into the State Directory of New Hires'
22 database, unless the court has determined that the employee's
23 wages are not subject to withholding. The withholding notice
24 shall direct the employer to withhold income in accordance
25 with the income deduction order.
26 (8) PROVIDING INFORMATION TO NATIONAL DIRECTORY.--Not
27 later than October 1, 1997, the State Directory of New Hires
28 must furnish information regarding newly hired or rehired
29 employees to the National Directory of New Hires for matching
30 with the records of other state case registries within 3
31 business days of entering such information from the employer
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1 into the State Directory of New Hires. The State Directory of
2 New Hires shall enter into an agreement with the Florida
3 Department of Labor and Employment Security for the quarterly
4 reporting to the National Directory of New Hires information
5 on wages and unemployment compensation taken from the
6 quarterly report to the Secretary of Labor, now required by
7 Title III of the Social Security Act, except that no report
8 shall be filed with respect to an employee of a state or local
9 agency performing intelligence or counterintelligence
10 functions, if the head of such agency has determined that
11 filing such a report could endanger the safety of the employee
12 or compromise an ongoing investigation or intelligency
13 mission.
14 (9) DISCLOSURE OF INFORMATION.--
15 (a) New hire information shall be disclosed to the
16 state agency administering the following programs for the
17 purposes of determining eligibility under those programs:
18 1. Any state program funded under part A of Title IV
19 of the Social Security Act;
20 2. The Medicaid program under Title XIX of the Social
21 Security Act;
22 3. The unemployment compensation program under section
23 3304 of the Internal Revenue Code of 1954;
24 4. The food stamp program under the Food Stamp Act of
25 1977; and
26 5. Any state program under a plan approved under Title
27 I (Old-Age Assistance for the Aged), Title X (Aid to the
28 Blind), Title XIV (Aid to the Permanently and Totally
29 Disabled), or Title XVI (Aid to the Aged, Blind, or Disabled;
30 Supplemental Security Income for the Aged, Blind, and
31 Disabled) of the Social Security Act.
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1 (b) New hire information shall be disclosed to the
2 state agencies operating employment security and workers'
3 compensation programs for the purposes of administering such
4 programs.
5 (10) RULEMAKING AUTHORITY.--The Department of Revenue
6 shall have the authority to adopt rules to implement this
7 section.
8 Section 59. Effective October 1, 1997, section
9 409.2577, Florida Statutes, 1996 Supplement, is amended to
10 read:
11 409.2577 Parent locator service.--The department shall
12 establish a parent locator service to assist in locating
13 parents who have deserted their children and other persons
14 liable for support of dependent children. The department
15 shall use all sources of information available, including the
16 Federal Parent Locator Service, and may request and shall
17 receive information from the records of any person or the
18 state or any of its political subdivisions or any officer
19 thereof. Any agency as defined in s. 120.52, any political
20 subdivision, and any other person shall, upon request, provide
21 the department any information relating to location, salary,
22 insurance, social security, income tax, and employment history
23 necessary to locate parents who owe or potentially owe a duty
24 of support pursuant to Title IV-D of the Social Security Act.
25 This provision shall expressly take precedence over any other
26 statutory nondisclosure provision which limits the ability of
27 an agency to disclose such information, except that law
28 enforcement information as provided in s. 119.07(3)(i) is not
29 required to be disclosed, and except that confidential
30 taxpayer information possessed by the Department of Revenue
31 shall be disclosed only to the extent authorized in s.
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1 213.053(15). Nothing in this subsection requires the
2 disclosure of information if such disclosure is prohibited by
3 federal law. Information gathered or used by the parent
4 locator service is confidential and exempt from the provisions
5 of s. 119.07(1). Additionally, the department is authorized to
6 collect any additional information directly bearing on the
7 identity and whereabouts of a person owing or asserted to be
8 owing an obligation of support for a dependent child.
9 Information gathered or used by the parent locator service is
10 confidential and exempt from the provisions of s. 119.07(1).
11 The department may make such information available only to
12 public officials and agencies of this state; political
13 subdivisions of this state; the custodial parent, legal
14 guardian, attorney, or agent of the child; and other states
15 seeking to locate parents who have deserted their children and
16 other persons liable for support of dependents, for the sole
17 purpose of establishing, modifying, or enforcing their
18 liability for support. If the department has reasonable
19 evidence of domestic violence or child abuse and the
20 disclosure of information could be harmful to the custodial
21 parent or the child of such parent, the child support program
22 director or designee shall notify the Secretary of the U.S.
23 Department of Health and Human Services of this evidence. Such
24 evidence is sufficient grounds for the department to
25 disapprove an application for location services.
26 Section 60. Section 409.2578, Florida Statutes, is
27 created to read:
28 409.2578 Access to employment information;
29 administrative fine.--
30 (1) For the purpose of establishing paternity or
31 establishing, modifying, or enforcing a child support
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1 obligation, all persons in this state, including for-profit,
2 not-for-profit, and governmental employers or contractors,
3 shall, upon written request from the IV-D agency for
4 information concerning an individual employee of such person,
5 provide to the IV-D agency of this state or its designee or to
6 the Title IV-D agency of any other state or its designee
7 information on the employment, compensation, and benefits of
8 any employee who has a liability to pay child support and is
9 delinquent or who has a potential liability. The information
10 requested shall be provided within 30 days of receipt of the
11 written request. The Title IV-D agency of this state is
12 authorized to impose a fine for failure to respond to its
13 request.
14 (2) Prior to issuance of a fine, the department shall
15 issue a written notification of noncompliance. Failure to
16 comply within 15 days of receipt of the written notification
17 without good cause may result in the agency taking the
18 following actions:
19 (a) Imposition of an administrative fine of not more
20 than $500;
21 (b) The application by the Title IV-D agency or its
22 designee, to the circuit court for an order compelling
23 compliance. The entity shall be liable for attorney's fees
24 and costs associated with the department bringing this action
25 upon showing by the department that the employer failed to
26 comply with the request.
27 (3) All fines collected pursuant to this section shall
28 be made payable to the Child Support Enforcement Application
29 Fee and Program Revenue Trust Fund.
30 (4) The Title IV-D agency has the authority to adopt
31 rules and procedures to implement this section.
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1 Section 61. Effective October 1, 1997, section
2 409.2579, Florida Statutes, 1996 Supplement, is amended to
3 read:
4 409.2579 Safeguarding Title IV-D case file
5 information.--
6 (1) Information concerning applicants for or
7 recipients of Title IV-D child support services is
8 confidential and exempt from the provisions of s. 119.07(1).
9 The use or disclosure of such information by the IV-D program
10 is limited to purposes directly connected with:
11 (a) The administration of the plan or program approved
12 under part A, part B, part C, or part D, part E, or part F of
13 Title IV; under Title II, Title X, Title XIV, Title XVI, Title
14 XIX, or Title XX; or under the supplemental security income
15 program established under Title XVI of the Social Security
16 Act;
17 (b) Any investigation, prosecution, or criminal or
18 civil proceeding connected with the administration of any such
19 plan or program; and
20 (c) The administration of any other federal or
21 federally assisted program which provides service or
22 assistance, in cash or in kind, directly to individuals on the
23 basis of need; and.
24 (d) Reporting to an appropriate agency or official,
25 information on known or suspected instances of physical or
26 mental injury, child abuse, sexual abuse or exploitation, or
27 negligent treatment or maltreatment of a child who is the
28 subject of a child support enforcement activity under
29 circumstances which indicate that the child's health or
30 welfare is threatened thereby.
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1 (2) The IV-D program may not disclose to any
2 legislative body, whether federal, state, or local, or any
3 committee thereof, any information that identifies by name or
4 address an applicant or recipient of child support services.
5 (3) As required by federal law, 42 U.S.C. s. 654, upon
6 notice that such an order exists, the IV-D program shall not
7 disclose information on the whereabouts of one party to the
8 other party against whom a protective order with respect to
9 the former party has been entered.
10 (4) As required by federal law, 42 U.S.C. s. 654, the
11 IV-D program shall not disclose information on the whereabouts
12 of one party to another party if the program has reason to
13 believe that the release of information may result in physical
14 or emotional harm to the former party.
15 (5) The Department of Children and Family Services is
16 authorized to establish, by rule, procedures to implement this
17 section.
18 (6)(3) Any person who willfully and knowingly violates
19 any of the provisions of this section is guilty of a
20 misdemeanor of the first degree punishable as provided in s.
21 775.082 or s. 775.083.
22 Section 62. Section 409.2598, Florida Statutes, 1996
23 Supplement, is amended to read:
24 409.2598 Suspension or denial of new or renewal
25 licenses; registrations; certifications.--
26 (1) The Title IV-D agency may petition the court that
27 entered the support order or the court that is enforcing the
28 support order to deny or suspend the license, registration, or
29 certificate issued under chapter 231, chapter 370, chapter
30 372, chapter 409, chapter 455, or chapter 559 or s. 327.031 of
31 any obligor with a delinquent child support obligation or who
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1 fails, after receiving appropriate notice, to comply with
2 subpoenas or a similar order to appear or show cause relating
3 to paternity or child support proceedings. However, a petition
4 may not be filed until the Title IV-D agency has exhausted all
5 other available remedies. The purpose of this section is to
6 promote the public policy of the state as established in s.
7 409.2551.
8 (2) The Title IV-D agency is authorized to screen all
9 applicants for new or renewal licenses, registrations, or
10 certificates and current licenses, registrations, or
11 certificates and current licensees, registration holders, and
12 certificate holders of all licenses, registrations, and
13 certificates issued under chapter 231, chapter 370, chapter
14 372, chapter 409, chapter 455, or chapter 559 or s. 327.031 to
15 ensure compliance with any child support obligation and any
16 subpoenas or a similar order to appear or show cause relating
17 to paternity or child support proceedings. If the Title IV-D
18 agency determines that an applicant, licensee, registration
19 holder, or certificateholder is an obligor who is delinquent
20 on a support obligation or who is not in compliance with a
21 subpoena or a similar order to appear or show cause relating
22 to paternity or child support proceedings, the Title IV-D
23 agency shall certify the delinquency pursuant to s. 61.14.
24 (3) The Title IV-D agency shall give notice to any
25 obligor who is an applicant for a new or renewal license or
26 certificate or the holder of a current license or certificate
27 when a delinquency exists in the support obligation or when an
28 obligor has failed to comply with a subpoena or a similar
29 order to appear or show cause relating to a paternity or child
30 support proceeding. The notice shall specify that the obligor
31 has 30 days from the date on which service of the notice is
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1 complete to pay the delinquency or to reach an agreement to
2 pay the delinquency with the Title IV-D agency or comply with
3 the subpoena or a similar order to appear or show cause. The
4 notice shall specify that, if payment is not made or an
5 agreement cannot be reached, or if the subpoena or a similar
6 order to appear or show cause is not complied with, the
7 application may be denied or the license or certification may
8 be suspended pursuant to a court order.
9 (4) If the obligor fails to pay the delinquency or
10 reach an agreeable payment arrangement or comply with the
11 subpoena or a similar order to appear or show cause within 30
12 days following completion of service of the notice of the
13 delinquency, the Title IV-D agency shall send a second notice
14 to the obligor stating that the obligor has 30 days to pay the
15 delinquency or reach an agreement to pay the delinquency with
16 the Title IV-D agency or comply with the subpoena or a similar
17 order to appear or show cause. If the obligor fails to
18 respond to either notice from the Title IV-D agency or if the
19 obligor fails to pay the delinquency or reach an agreement to
20 pay the delinquency or comply with the subpoena or a similar
21 order to appear or show cause after the second notice, the
22 Title IV-D agency may petition the court which entered the
23 support order or the court which is enforcing the support
24 order to deny the application for the license or certificate
25 or to suspend the license or certificate of the obligor.
26 However, no petition may be filed until the Title IV-D agency
27 has exhausted all other available remedies. The court may
28 find that it would be inappropriate to deny a license or
29 suspend a license or certificate if:
30
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1 (a) Denial or suspension would result in irreparable
2 harm to the obligor or employees of the obligor or would not
3 accomplish the objective of collecting the delinquency; or
4 (b) The obligor demonstrates that he has made a good
5 faith effort to reach an agreement with the Title IV-D agency.
6
7 The court may not deny or suspend a license or certificate if
8 the court determines that an alternative remedy is available
9 to the Title IV-D agency which is likely to accomplish the
10 objective of collecting the delinquency or obtaining
11 compliance with the subpoena or a similar order to appear or
12 show cause. If the obligor fails in the defense of a petition
13 for denial or suspension, the court which entered the support
14 order or the court which is enforcing the support order shall
15 enter an order to deny the application for the license or
16 certification or to suspend the license or certification of
17 the obligor. The court shall order the obligor to surrender
18 the license or certification to the Title IV-D agency, which
19 will return the license or certification and a copy of the
20 order of suspension to the appropriate department or licensing
21 entity.
22 (5) If the court denies or suspends a license or
23 certification and the obligor subsequently pays the
24 delinquency or reaches an agreement with the Title IV-D agency
25 to settle the delinquency and makes the first payment required
26 by the agreement, or complies with the subpoena or a similar
27 order to appear or show cause, the license or certificate
28 shall be issued or reinstated upon written proof to the court
29 that the obligor has complied with the terms of the court
30 order, subpoena, or a similar order to appear or show cause.
31 Proof of payment shall consist of a certified copy of the
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1 payment record issued by the depository. The court shall
2 order the appropriate department or license board to issue or
3 reinstate the license or certificate without additional charge
4 to the obligor.
5 (6) The department shall, when directed by the court,
6 suspend or deny the license or certificate of any licensee or
7 certificateholder under its jurisdiction found to have a
8 delinquent support obligation or not to be in compliance with
9 a subpoena or a similar order to appear or show cause. The
10 department shall issue or reinstate the license or certificate
11 without additional charge to the licensee or certificateholder
12 when notified by the court that the licensee or
13 certificateholder has complied with the terms of the court
14 order or subpoena or a similar order to appear or show cause.
15 (7) Notice shall be served under this section by
16 mailing it by certified mail, return receipt requested, to the
17 obligor at his last address of record with the local
18 depository. If the obligor has no address of record with the
19 local depository, or if the last address of record with the
20 local depository is incorrect, service shall be by publication
21 as provided in chapter 49. When service of the notice is made
22 by mail, service is complete upon the receipt of the notice by
23 the obligor.
24 Section 63. Subsection (5) of section 414.028, Florida
25 Statutes, 1996 Supplement, is amended to read:
26 414.028 Local WAGES coalitions.--The WAGES Program
27 State Board of Directors shall create and charter local WAGES
28 coalitions to plan and coordinate the delivery of services
29 under the WAGES Program at the local level. The boundaries of
30 the service area for a local WAGES coalition shall conform to
31 the boundaries of the service area for the jobs and education
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1 regional board established under the Enterprise Florida Jobs
2 and Education Partnership. The local delivery of services
3 under the WAGES Program shall be coordinated, to the maximum
4 extent possible, with the local services and activities of the
5 local service providers designated by the regional workforce
6 development boards.
7 (5) The WAGES Program State Board of Directors may not
8 approve the program and financial plan of a local coalition
9 unless the plan provides a teen pregnancy prevention component
10 that includes, but is not necessarily limited to, a plan for
11 implementing the Florida Education Now and Babies Later
12 (ENABL) program under s. 411.242 and the Teen Pregnancy
13 Prevention Community Initiative within each segment of the
14 service area in which the childhood birth rate is higher than
15 the state average. In developing and coordinating the program
16 and financial plan, the local WAGES coalition shall consider
17 issues related to the responsibility of noncustodial parents
18 to support their children. Such consideration shall include,
19 but need not be limited to:
20 (a) Activities that will improve the process for
21 establishing paternity, which shall be developed in
22 cooperation with the Division of Child Support Enforcement of
23 the Department of Revenue, the Healthy Start Coalitions, the
24 Department of Health, the Florida Coalition Against Domestic
25 Violence, and the Commission on Responsible Fatherhood.
26 (b) Work activities for noncustodial parents described
27 in s. 414.065(8). In addition to court-ordered activities,
28 the plan may include work activities that facilitate
29 employment of noncustodial parents for whom a court order has
30 not been issued.
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1 To the extent permitted by federal law and determined
2 appropriate by the local WAGES coalition, WAGES Program
3 resources may be used for activities that are designed to
4 encourage noncustodial parents to provide support for their
5 children and that are consistent with program and financial
6 guidelines established by the WAGES Program State Board of
7 Directors. A local WAGES coalition is encouraged to use
8 funding approaches that leverage other federal, state, or
9 local funds, including, but not limited to, funds provided
10 under workforce development programs, teen parent programs,
11 and the Healthy Start Program.
12 Section 64. Subsection (7) of section 443.171, Florida
13 Statutes, 1996 supplement, is amended to read:
14 443.171 Division and commission; powers and duties;
15 rules; advisory council; records and reports.--
16 (7) RECORDS AND REPORTS.--Each employing unit shall
17 keep true and accurate work records, containing such
18 information as the division may prescribe. Such records shall
19 be open to inspection and be subject to being copied by the
20 division at any reasonable time and as often as may be
21 necessary. The division or an appeals referee may require from
22 any employing unit any sworn or unsworn reports, with respect
23 to persons employed by it, deemed necessary for the effective
24 administration of this chapter. However, a state or local
25 governmental agency performing intelligence or
26 counter-intelligence functions need not report an employee if
27 the head of such agency has determined that reporting the
28 employee could endanger the safety of the employee or
29 compromise an ongoing investigation or intelligence mission.
30 Information revealing the employing unit's or individual's
31 identity thus obtained from the employing unit or from any
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1 individual pursuant to the administration of this chapter,
2 shall, except to the extent necessary for the proper
3 presentation of a claim or upon written authorization of the
4 claimant who has a workers' compensation claim pending, be
5 held confidential and exempt from the provisions of s.
6 119.07(1). Such information shall be available only to public
7 employees in the performance of their public duties, including
8 employees of the Department of Education in obtaining
9 information for the Florida Education and Training Placement
10 Information Program and the Department of Commerce in its
11 administration of the qualified defense contractor tax refund
12 program authorized by s. 288.104, the qualified target
13 industry business tax refund program authorized by s. 288.106.
14 Any claimant, or his legal representative, at a hearing before
15 an appeals referee or the commission shall be supplied with
16 information from such records to the extent necessary for the
17 proper presentation of his claim. Any employee or member of
18 the commission or any employee of the division, or any other
19 person receiving confidential information, who violates any
20 provision of this subsection is guilty of a misdemeanor of the
21 second degree, punishable as provided in s. 775.082 or s.
22 775.083. However, the division may furnish to any employer
23 copies of any report previously submitted by such employer,
24 upon the request of such employer, and the division is
25 authorized to charge therefor such reasonable fee as the
26 division may by rule prescribe not to exceed the actual
27 reasonable cost of the preparation of such copies. Fees
28 received by the division for copies provided under this
29 subsection shall be deposited to the credit of the Employment
30 Security Administration Trust Fund.
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1 Section 65. Subsection (2) of section 443.1715,
2 Florida Statutes, 1996 Supplement, is amended to read:
3 443.1715 Disclosure of information; confidentiality.--
4 (2) DISCLOSURE OF INFORMATION.--Subject to such
5 restrictions as the division prescribes by rule, information
6 declared confidential under this section may be made available
7 to any agency of this or any other state, or any federal
8 agency, charged with the administration of any unemployment
9 compensation law or the maintenance of a system of public
10 employment offices, or the Bureau of Internal Revenue of the
11 United States Department of the Treasury, or the Florida
12 Department of Revenue and information obtained in connection
13 with the administration of the employment service may be made
14 available to persons or agencies for purposes appropriate to
15 the operation of a public employment service or a
16 job-preparatory or career education or training program. The
17 division shall on a quarterly basis, furnish the National
18 Directory of New Hires with extracts of the reports required
19 under section 303(a)(6) of the Social Security Act (42 U.S.C.
20 s. 503) to be made to the Secretary of Labor concerning the
21 wages and unemployment compensation paid to individuals, by
22 such dates, in such format and containing such information as
23 the Secretary of Health and Human Services shall specify in
24 regulations. Upon request therefor, the division shall furnish
25 any agency of the United States charged with the
26 administration of public works or assistance through public
27 employment, and may furnish to any state agency similarly
28 charged, the name, address, ordinary occupation, and
29 employment status of each recipient of benefits and such
30 recipient's rights to further benefits under this chapter.
31 Except as otherwise provided by law, the receiving agency must
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1 retain the confidentiality of such information as provided in
2 this section. The division may request the Comptroller of the
3 Currency of the United States to cause an examination of the
4 correctness of any return or report of any national banking
5 association rendered pursuant to the provisions of this
6 chapter and may in connection with such request transmit any
7 such report or return to the Comptroller of the Currency of
8 the United States as provided in s. 3305(c) of the federal
9 Internal Revenue Code.
10 Section 66. Subsection (1) of section 455.213, Florida
11 Statutes, 1996 Supplement, is amended and subsection (9) is
12 added to said section, to read:
13 455.213 General licensing provisions.--
14 (1) Any person desiring to be licensed shall apply to
15 the department in writing to take the appropriate examination.
16 The application shall be made on a form prepared and furnished
17 by the department and include the applicant's social security
18 number. The application shall be supplemented as needed to
19 reflect any material change in any circumstance or condition
20 stated in the application which takes place between the
21 initial filing of the application and the final grant or
22 denial of the license and which might affect the decision of
23 the agency.
24 (9) Pursuant to the federal Personal Responsibility
25 and Work Opportunity Reconciliation Act of 1996, each party is
26 required to provide his or her social security number in
27 accordance with this section. Disclosure of social security
28 numbers obtained through this requirement shall be limited to
29 the purpose of administration of the Title IV-D program for
30 child support enforcement.
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1 Section 67. Subsection (1) of section 455.2141,
2 Florida Statutes, 1996 Supplement, is amended and subsection
3 (7) is added to said section, to read:
4 455.2141 Agency for Health Care Administration;
5 general licensing provisions.--
6 (1) Any person desiring to be licensed in a profession
7 within the jurisdiction of the Agency for Health Care
8 Administration shall apply to the agency in writing to take
9 the licensure examination. The application shall be made on a
10 form prepared and furnished by the agency and shall require
11 the social security number of the applicant. The form and
12 shall be supplemented as needed to reflect any material change
13 in any circumstance or condition stated in the application
14 which takes place between the initial filing of the
15 application and the final grant or denial of the license and
16 which might affect the decision of the agency.
17 (7) Pursuant to the federal Personal Responsibility
18 and Work Opportunity Reconciliation Act of 1996, each party is
19 required to provide his or her social security number in
20 accordance with this section. Disclosure of social security
21 numbers obtained through this requirement shall be limited to
22 the purpose of administration of the Title IV-D program for
23 child support enforcement.
24 Section 68. Subsection (1) of section 548.021, Florida
25 Statutes, is amended and subsection (4) is added to said
26 section, to read:
27 548.021 Applications for licenses and permits.--An
28 application for a license or a permit must:
29 (1) Be in writing on a form supplied by the commission
30 which shall contain the applicant's social security number.
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1 (4) Pursuant to the federal Personal Responsibility
2 and Work Opportunity Reconciliation Act of 1996, each party is
3 required to provide his or her social security number in
4 accordance with this section. Disclosure of social security
5 numbers obtained through this requirement shall be limited to
6 the purpose of administration of the Title IV-D program for
7 child support enforcement.
8 Section 69. Paragraph (a) of subsection (2) of section
9 626.171, Florida Statutes, is amended and subsection (7) is
10 added to said section, to read:
11 626.171 Application for license.--
12 (2) In the application, the applicant shall set forth:
13 (a) His full name, age, social security number,
14 residence, place of business, and occupation for the 5-year
15 period preceding the date of application.
16 (7) Pursuant to the federal Personal Responsibility
17 and Work Opportunity Reconciliation Act of 1996, each party is
18 required to provide his or her social security number in
19 accordance with this section. Disclosure of social security
20 numbers obtained through this requirement shall be limited to
21 the purpose of administration of the Title IV-D program for
22 child support enforcement.
23 Section 70. Section 741.04, Florida Statutes, is
24 amended to read:
25 741.04 Marriage license issued.--No county court judge
26 or clerk of the circuit court in this state shall issue a
27 license for the marriage of any person unless there shall be
28 first presented and filed with him an affidavit in writing,
29 signed by both parties to the marriage, providing the social
30 security numbers of each party, made and subscribed before
31 some person authorized by law to administer an oath, reciting
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1 the true and correct ages of such parties; unless both such
2 parties shall be over the age of 18 years, except as provided
3 in s. 741.0405; and unless one party is a male and the other
4 party is a female. Pursuant to the federal Personal
5 Responsibility and Work Opportunity Reconciliation Act of
6 1996, each party is required to provide his or her social
7 security number in accordance with this section. Disclosure
8 of social security numbers obtained through this requirement
9 shall be limited to the purpose of administration of the Title
10 IV-D program for child support enforcement.
11 Section 71. Section 742.031, Florida Statutes, is
12 amended to read:
13 742.031 Hearings; court orders for support, hospital
14 expenses, and attorney's fee.--
15 (1) Hearings for the purpose of establishing or
16 refuting the allegations of the complaint and answer shall be
17 held in the chambers and may be restricted to persons, in
18 addition to the parties involved and their counsel, as the
19 judge in his discretion may direct. The court shall determine
20 the issues of paternity of the child and the ability of the
21 parents to support the child. Each party's social security
22 number shall be recorded in the file containing the
23 adjudication of paternity. If the court finds that the alleged
24 father is the father of the child, it shall so order. If
25 appropriate, the court shall order the father to pay the
26 complainant, her guardian, or any other person assuming
27 responsibility for the child moneys sufficient to pay
28 reasonable attorney's fees, hospital or medical expenses, cost
29 of confinement, and any other expenses incident to the birth
30 of the child and to pay all costs of the proceeding. Bills
31 for pregnancy, childbirth, and scientific testing are
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1 admissible as evidence without requiring third-party
2 foundation testimony, and shall constitute prima facie
3 evidence of amounts incurred for such services or for testing
4 on behalf of the child. The court shall order either or both
5 parents owing a duty of support to the child to pay support
6 pursuant to s. 61.30. The court shall issue, upon motion by a
7 party, a temporary order requiring the provision of child
8 support pursuant to s. 61.30 pending an administrative or
9 judicial determination of parentage, if there is clear and
10 convincing evidence of paternity on the basis of genetic tests
11 or other evidence. The court may also make a determination as
12 to the parental responsibility and residental care and custody
13 of the minor children in accordance with chapter 61.
14 (2) If a judgment of paternity contains no explicit
15 award of custody, the establishment of a support obligation or
16 of visitation rights in one parent shall be considered a
17 judgment granting primary residential care and custody to the
18 other parent without prejudice. If a paternity judgment
19 contains no such provisions, custody shall be presumed to be
20 with the mother.
21 (3) Pursuant to the federal Personal Responsibility
22 and Work Opportunity Reconciliation Act of 1996, each party is
23 required to provide his or her social security number in
24 accordance with this section. Disclosure of social security
25 numbers obtained through this requirement shall be limited to
26 the purpose of administration of the Title IV-D program for
27 child support enforcement.
28 Section 72. Section 742.032, Florida Statutes, is
29 created to read:
30 742.032 Filing of location information.--
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1 (1) Beginning July 1, 1997, each party to any
2 paternity or child support proceeding must file with the
3 tribunal, as defined in chapter 88 and State Case Registry as
4 defined in chapter 61 upon entry of an order, and update as
5 appropriate, information on location and identity of the
6 party, including Social Security number, residential and
7 mailing addresses, telephone number, driver's license number,
8 and name, address, and telephone number of employer.
9 Beginning October 1, 1998, each party to any paternity or
10 child support proceeding in a non-Title IV-D case shall meet
11 the above requirements for updating the tribunal and State
12 Case Registry.
13 (2) Beginning July 1, 1997, in any subsequent Title
14 IV-D child support enforcement action between the parties,
15 upon sufficient showing that diligent effort has been made to
16 ascertain the location of such a party, the tribunal may deem
17 state due process requirements for notice and service of
18 process to be met with respect to the party upon delivery of
19 written notice to the most recent residential or employer
20 address filed with the tribunal and State Case Registry under
21 subsection (1). Beginning October 1, 1998, in any subsequent
22 non-Title IV-D child support enforcement action between the
23 parties, the same requirements for service shall apply.
24 (3) Pursuant to the federal Personal Responsibility
25 and Work Opportunity Reconciliation Act of 1996, each party is
26 required to provide his or her social security number in
27 accordance with this section. Disclosure of social security
28 numbers obtained through this requirement shall be limited to
29 the purpose of administration of the Title IV-D program for
30 child support enforcement.
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1 Section 73. Section 742.10, Florida Statutes, is
2 amended to read:
3 742.10 Establishment of paternity for children born
4 out of wedlock.--
5 (1) This chapter provides the primary jurisdiction and
6 procedures for the determination of paternity for children
7 born out of wedlock. When the establishment of paternity has
8 been raised and determined within an adjudicatory hearing
9 brought under the statutes governing inheritance, dependency
10 under workers' compensation or similar compensation programs,
11 or vital statistics, or when an affidavit acknowledging
12 paternity or a stipulation of paternity is executed by both
13 parties and filed with the clerk of the court, or when a
14 consenting affidavit as provided for in s. 382.013(6)(b) is
15 executed by both parties, it shall constitute the
16 establishment of paternity for purposes of this chapter. If no
17 adjudicatory proceeding was held, a voluntary acknowledgment
18 of paternity shall create a rebuttable presumption, as defined
19 by s. 90.304, of paternity and is subject to the right of any
20 signatory to rescind the acknowledgment within 60 days of the
21 date the acknowledgment was signed or the date of an
22 administrative or judicial proceeding relating to the child,
23 including a proceeding to establish a support order, in which
24 the signatory is a party, whichever is earlier. Both parents
25 are required to provide their social security numbers on any
26 acknowledgment of paternity, consent affidavit, or stipulation
27 of paternity. The Bureau of Vital Statistics shall provide
28 certified copies of consenting affidavits to the Title IV-D
29 agency upon request.
30 (2) Pursuant to the federal Personal Responsibility
31 and Work Opportunity Reconciliation Act of 1996, each party is
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1 required to provide his or her social security number in
2 accordance with this section. Disclosure of social security
3 numbers obtained through this requirement shall be limited to
4 the purpose of administration of the Title IV-D program for
5 child support enforcement.
6 (3)(2) The department shall adopt rules which
7 establish the information which must be provided to an
8 individual prior to execution of a consenting affidavit or
9 voluntary acknowledgment of paternity. The information shall
10 explain the alternatives to, the legal consequences of, and
11 the rights, including, if one parent is a minor, any rights
12 afforded due to minority status, and responsibilities that
13 arise from of acknowledging paternity.
14 (4) After the 60-day period referred to in paragraph
15 (1), a signed voluntary acknowledgment of paternity shall
16 constitute an establishment of paternity and may be challenged
17 in court only on the basis of fraud, duress, or material
18 mistake of fact, with the burden of proof upon the challenger,
19 and under which the legal responsibilities, including child
20 support obligations of any signatory arising from the
21 acknowledgment may not be suspended during the challenge,
22 except upon a finding of good cause by the court.
23 (5) Judicial or administrative proceedings are not
24 required or permitted to ratify an unchallenged acknowledgment
25 of paternity.
26 Section 74. Section 742.105, Florida Statutes, is
27 amended to read:
28 742.105 Effect of a determination of paternity from a
29 foreign jurisdiction.--A final order of paternity entered in a
30 foreign jurisdiction, whether resulting from a voluntary
31 acknowledgment or an administrative or judicial process, or an
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1 affidavit acknowledging paternity signed in any other state
2 according to its procedures, shall be given the same legal
3 effect as if such final order was entered or affidavit was
4 signed pursuant to this chapter. In any proceeding in this
5 state, a certified copy of the final order of paternity from a
6 foreign jurisdiction shall be conclusive evidence of
7 paternity.
8 Section 75. Section 742.12, Florida Statutes, is
9 amended to read:
10 742.12 Scientific testing to determine paternity.--
11 (1) In any proceeding to establish paternity, the
12 court on its own motion may or upon request of a party shall
13 require the child, mother, and alleged fathers to submit to
14 Human Leukocyte Antigen tests or other scientific tests that
15 are generally acceptable within the scientific community to
16 show a probability of paternity. The court shall direct that
17 the tests be conducted by a qualified technical laboratory.
18 (2) In any proceeding to establish paternity, the
19 court may, upon request of a party providing a sworn statement
20 alleging paternity and setting forth facts establishing a
21 reasonable possibility of the requisite sexual contact between
22 the parties or providing a sworn statement denying paternity
23 and setting forth facts establishing a reasonable possibility
24 of the nonexistence of sexual contact between the parties,
25 require the child, mother, and alleged fathers to submit to
26 scientific tests that are generally acceptable within the
27 scientific community to show a probability of paternity. The
28 court shall direct that the tests be conducted by a qualified
29 technical laboratory.
30 (3)(2) The test results, together with the opinions
31 and conclusions of the test laboratory, shall be filed with
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1 the court. Any objection to the test results must be made in
2 writing and must be filed with the court at least 10 days
3 prior to the hearing. If no objection is filed, the test
4 results shall be admitted into evidence without the need for
5 predicate to be laid or third-party foundation testimony to be
6 presented. Nothing in this paragraph prohibits a party from
7 calling an outside expert witness to refute or support the
8 testing procedure or results, or the mathematical theory on
9 which they are based. Upon the entry of the order for
10 scientific testing, the court must inform each person to be
11 tested of the procedure and requirements for objecting to the
12 test results and of the consequences of the failure to object.
13 (4)(3) Test results are admissible in evidence and
14 should be weighed along with other evidence of the paternity
15 of the alleged father unless the statistical probability of
16 paternity equals or exceeds 95 percent. A statistical
17 probability of paternity of 95 percent or more creates a
18 rebuttable presumption, as defined by s. 90.304, that the
19 alleged father is the biological father of the child. If a
20 party fails to rebut the presumption of paternity which arose
21 from the statistical probability of paternity of 95 percent or
22 more, the court may enter a summary judgment of paternity. If
23 the test results show the alleged father cannot be the
24 biological father, the case shall be dismissed with prejudice.
25 (5)(4) Subject to the limitations in subsection (3)
26 (2), if the test results or the expert analysis of the
27 inherited characteristics is disputed, the court, upon
28 reasonable request of a party, shall order that an additional
29 test be made by the same laboratory or an independent
30 laboratory at the expense of the party requesting additional
31 testing.
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1 (6)(5) Verified documentation of the chain of custody
2 of the blood or other specimens is competent evidence to
3 establish the chain of custody.
4 (7)(6) The fees and costs for Human Leukocyte Antigen
5 tests or other scientific tests shall be paid by the parties
6 in proportions and at times determined by the court unless the
7 parties reach a stipulated agreement which is adopted by the
8 court.
9 Section 76. Subsection (1) of section 744.301, Florida
10 Statutes, is amended to read:
11 744.301 Natural guardians.--
12 (1) The mother and father jointly are natural
13 guardians of their own children and of their adopted children,
14 during minority. If one parent dies, the natural guardianship
15 shall pass to the surviving parent, and the right shall
16 continue even though the surviving parent remarries. If the
17 marriage between the parents is dissolved, the natural
18 guardianship shall belong to the parent to whom the custody of
19 the child is awarded. If the parents are given joint custody,
20 then both shall continue as natural guardians. If the
21 marriage is dissolved and neither the father nor the mother is
22 given custody of the child, neither shall act as natural
23 guardian of the child. The mother of a child born out of
24 wedlock is the natural guardian of the child and is entitled
25 to primary residential care and custody of the child unless a
26 court of competent jurisdiction enters an order stating
27 otherwise.
28 Section 77. Section 943.053, Florida Statutes, 1996
29 Supplement, is amended to read:
30 943.053 Dissemination of criminal justice information;
31 fees.--
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1 (1) The Department of Law Enforcement shall
2 disseminate criminal justice information only in accordance
3 with federal and state laws, regulations, and rules.
4 (2) Criminal justice information derived from federal
5 criminal justice information systems or criminal justice
6 information systems of other states shall not be disseminated
7 in a manner inconsistent with the laws, regulations, or rules
8 of the originating agency.
9 (3) Criminal history information, including
10 information relating to juveniles, compiled by the Division of
11 Criminal Justice Information Systems from intrastate sources
12 shall be available on a priority basis to criminal justice
13 agencies for criminal justice purposes free of charge and,
14 otherwise, to governmental agencies not qualified as criminal
15 justice agencies on an approximate-cost basis. After
16 providing the division with all known identifying information,
17 persons in the private sector may be provided criminal history
18 information upon tender of fees as established by rule of the
19 Department of Law Enforcement. Such fees shall approximate
20 the actual cost of producing the record information. Fees may
21 be waived by the executive director of the Department of Law
22 Enforcement for good cause shown.
23 (4) Criminal justice information provided by the
24 Department of Law Enforcement shall be used only for the
25 purpose stated in the request.
26 (5) Notwithstanding any other provision of law, the
27 department shall provide to the Florida Department of Revenue
28 Child Support Enforcement access to Florida criminal records
29 which are not exempt from disclosure under chapter 119, and to
30 such information as may be lawfully available from other
31 states via the National Law Enforcement Telecommunications
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1 System, for the purpose of locating subjects who owe or
2 potentially owe child support or to whom such obligation is
3 owed pursuant to Title IV-D of the Social Security Act. Such
4 information may be provided to child support enforcement
5 authorities in other states for these specific purposes.
6 (6)(5) Notwithstanding the provisions of s. 943.0525,
7 and any user agreements adopted pursuant thereto, and
8 notwithstanding the confidentiality of sealed records as
9 provided for in s. 943.059, the sheriff of any county that has
10 contracted with a private entity to operate a county detention
11 facility pursuant to the provisions of s. 951.062 shall
12 provide that private entity, in a timely manner, copies of the
13 Florida criminal history records for its inmates. The sheriff
14 may assess a charge for the Florida criminal history records
15 pursuant to the provisions of chapter 119. Sealed records
16 received by the private entity under this section remain
17 confidential and exempt from the provisions of s. 119.07(1).
18 (7)(6) Notwithstanding the provisions of s. 943.0525,
19 and any user agreements adopted pursuant thereto, and
20 notwithstanding the confidentiality of sealed records as
21 provided for in s. 943.059, the Department of Corrections
22 shall provide, in a timely manner, copies of the Florida
23 criminal history records for inmates housed in a private state
24 correctional facility to the private entity under contract to
25 operate the facility pursuant to the provisions of s. 944.105
26 or s. 957.03. The department may assess a charge for the
27 Florida criminal history records pursuant to the provisions of
28 chapter 119. Sealed records received by the private entity
29 under this section remain confidential and exempt from the
30 provisions of s. 119.07(1).
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1 Section 78. To expedite the acquisition of goods and
2 services for implementing the provisions of this act, the
3 Department of Revenue is exempt from the provisions of chapter
4 287, Florida Statutes, when contracting for the purchase or
5 lease of goods or services pursuant to this act. This section
6 shall take effect upon this act becoming a law and shall
7 expire July 1, 1998.
8 Section 79. To expedite the leasing of facilities for
9 implementing the provisions of this act, the Department of
10 Revenue is exempt from the requirements of any state law
11 relating to the leasing of space including, but not limited
12 to, the requirements imposed by s. 255.25, Florida Statutes,
13 and any rules adopted pursuant thereto; provided, however, all
14 leases entered into by the Department of Revenue through the
15 1997-1998 fiscal year shall be submitted for approval by the
16 Department of Management Services at the earliest practicable
17 time. This section shall take effect upon this act becoming a
18 law and shall expire July 1, 1998.
19 Section 80. (1) On or before September 1, 1997, the
20 Department of Revenue shall develop a draft request for
21 proposal for a state disbursement unit and a draft request for
22 proposal for a state case registry. The draft requests
23 developed by the Department of Revenue must include a
24 requirement that the vendor must consult with each depository
25 established pursuant to s. 61.181, Florida Statutes, and a
26 requirement that the vendor must develop a standard contract
27 which must be offered to each depository. Before October 1,
28 1997, the Department of Revenue must request approval of the
29 draft requests for proposal from the United States Department
30 of Health and Human Services and any waivers necessary to
31 implement them.
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1 (2) On or before January 2, 1998, the Department of
2 Revenue shall submit a report to the President of the Senate
3 and the Speaker of the House of Representatives which must
4 include:
5 (a) Each draft request for proposal, and
6 (b) The status of approval of each draft request for
7 proposal, including authorization for any waivers necessary to
8 implement the draft request for proposal, from the United
9 States Department of Health and Human Services.
10 (3) The Department of Revenue may not issue either
11 request for proposal before May 15, 1998.
12 Section 81. Effective October 1, 1997, section
13 443.175, Florida Statutes, as created by chapter 94-318, Laws
14 of Florida, is repealed.
15 Section 82. Except as otherwise expressly provided in
16 this act, this act shall take effect July 1, 1997.
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2 HOUSE SUMMARY
3
Generally revises provisions of law relating to child
4 support enforcement to:
1. Provide for the inclusion of social security
5 numbers in certain documents to assist in locating child
support obligors and for certain other purposes and to
6 provide for more information generally to assist the
child support enforcement agency in enforcing child
7 support orders.
2. Provide a wide range of penalties, including the
8 suspension of driver's licenses and motor vehicle
registrations for child support obligors who have failed
9 to comply with subpoenas or warrants relating to
paternity or child support proceedings.
10 3. Provide for the sharing of more information with
respect to Title IV-D agencies and certain other parties.
11 4. Provide for modification of child support orders
in Title IV-D cases reviewed pursuant to the 3-year
12 review and adjustment cycle with no substantial change of
circumstances.
13 5. Revise the provisions of the Uniform Interstate
Family Support Act.
14 6. Revise provisions of law relating to social and
economic assistance to conform to the act.
15
16 Provides that the Legislature shall review the child
support guidelines every 4 years beginning in 1997.
17 Creates a Task Force on Child Support Guidelines to
review the guidelines and report to the Legislature.
18
19 Reschedules from December 1996 to December 1997 the date
of a statewide symposium on responsible fatherhood
20 sponsored by the Commission on Responsible Fatherhood.
Revises membership of the commission. Provides for
21 appointment to staggered terms, and provides for
expiration of current members' terms. Provides for
22 assignment of the commission to the Department of Health.
Directs the prenatal and infant health care coalitions to
23 identify and encourage community-based programs that
promote responsible fatherhood.
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25 See bill for details.
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