CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2244

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Dudley moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 69, between lines 16 and 17,

15

16  insert:

17         Section 33.  Section 61.046, Florida Statutes, is

18  amended to read:

19         61.046  Definitions.--As used in this chapter:

20         (1)  "Business day" means any day other than a

21  Saturday, Sunday, or legal holiday.

22         (2)  "Clerk of Court Child Support Collection System"

23  or "CLERC System" means the automated system established

24  pursuant to s. 61.181(2)(b)1., integrating all clerks of court

25  and depositories and through which payment data and State Case

26  Registry data is transmitted to the department's automated

27  child support enforcement system.

28         (3)(1)  "Custodial parent" or "primary residential

29  parent" means the parent with whom the child maintains his or

30  her primary residence.

31         (4)(2)  "Department" means the Department of Revenue.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2244

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 1         (5)(3)  "Depository" means the central governmental

 2  depository established pursuant to s. 61.181, created by

 3  special act of the Legislature or other entity established

 4  before June 1, 1985, to perform depository functions and to

 5  receive, record, report, disburse, monitor, and otherwise

 6  handle alimony and child support payments not otherwise

 7  required to be processed by the State Disbursement Unit.

 8         (6)  "Federal Case Registry of Child Support Orders"

 9  means the automated registry of support order abstracts and

10  other information established and maintained by the United

11  States Department of Health and Human Services as provided by

12  42 U.S.C. s. 653(h).

13         (7)(4)  "Income" means any form of payment to an

14  individual, regardless of source, including, but not limited

15  to: wages, salary, commissions and bonuses, compensation as an

16  independent contractor, worker's compensation, disability

17  benefits, annuity and retirement benefits, pensions,

18  dividends, interest, royalties, trusts, and any other

19  payments, made by any person, private entity, federal or state

20  government, or any unit of local government.  United States

21  Department of Veterans Affairs disability benefits and

22  unemployment compensation, as defined in chapter 443, are

23  excluded from this definition of income except for purposes of

24  establishing an amount of support.

25         (8)(5)  "IV-D" means services provided pursuant to

26  Title IV-D of the Social Security Act, 42 U.S.C. ss. 651 et

27  seq s. 1302.

28         (9)(6)  "Local officer" means an elected or appointed

29  constitutional or charter government official including, but

30  not limited to, the state attorney and clerk of the circuit

31  court.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2244

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 1         (10)(7)  "Noncustodial parent" means the parent with

 2  whom the child does not maintain his or her primary residence.

 3         (11)(8)  "Obligee" means the person to whom payments

 4  are made pursuant to an order establishing, enforcing, or

 5  modifying an obligation for alimony, for child support, or for

 6  alimony and child support.

 7         (12)(9)  "Obligor" means a person responsible for

 8  making payments pursuant to an order establishing, enforcing,

 9  or modifying an obligation for alimony, for child support, or

10  for alimony and child support.

11         (13)(10)  "Payor" means an employer or former employer

12  or any other person or agency providing or administering

13  income to the obligor.

14         (14)(11)  "Shared parental responsibility" means a

15  court-ordered relationship in which both parents retain full

16  parental rights and responsibilities with respect to their

17  child and in which both parents confer with each other so that

18  major decisions affecting the welfare of the child will be

19  determined jointly.

20         (15)(12)  "Sole parental responsibility" means a

21  court-ordered relationship in which one parent makes decisions

22  regarding the minor child.

23         (16)(13)  "State Case Registry" means the automated a

24  registry maintained by the Title IV-D agency, containing

25  records of each Title IV-D case and of each support order

26  established or modified in the state on or after October 1,

27  1998. Such records shall consist of data elements as required

28  by the United States Secretary of Health and Human Services.

29  for information related to paternity and child support orders

30  for Title IV-D.  Beginning October 1, 1998, information

31  related to non-Title IV-D cases established or modified in the

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                                                  SENATE AMENDMENT

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 1  state shall be maintained in the registry.

 2         (17)  "State Disbursement Unit" means the unit

 3  established and operated by the Title IV-D agency to provide

 4  one central address for collection and disbursement of child

 5  support payments made in cases enforced by the department

 6  pursuant to Title IV-D of the Social Security Act and in cases

 7  not being enforced by the department in which the support

 8  order was initially issued in this state on or after January

 9  1, 1994, and in which the obligor's child support obligation

10  is being paid through income deduction order.

11         (18)  "Support order" means a judgment, decree, or

12  order, whether temporary or final issued by a court of

13  competent jurisdiction for the support and maintenance of a

14  child or in Title IV-D cases only, a child and the parent with

15  whom the child is living, which provides for monetary support,

16  health care, arrearages, or past support.

17         Section 34.  Subsections (1) and (2) and paragraph (a)

18  of subsection (3) of section 61.181, Florida Statutes, are

19  amended to read:

20         61.181  Central depository for receiving, recording,

21  reporting, monitoring, and disbursing alimony, support,

22  maintenance, and child support payments; fees.--

23         (1)  The office of the clerk of the court shall operate

24  a depository unless the depository is otherwise created by

25  special act of the Legislature or unless, prior to June 1,

26  1985, a different entity was established to perform such

27  functions.  The department shall, no later than July 1, 1998,

28  extend participation in the federal child support cost

29  reimbursement program to the central depository in each

30  county, to the maximum extent possible under existing federal

31  law.  The depository shall receive reimbursement for services

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                                                  SENATE AMENDMENT

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 1  provided under a cooperative agreement with the department

 2  pursuant to s. 61.1826. Each depository shall participate in

 3  the State Disbursement Unit and shall implement all statutory

 4  and contractual duties imposed on the State Disbursement Unit.

 5  Each depository shall receive from and transmit to the State

 6  Disbursement Unit required data through the Clerk of Court

 7  Child Support Enforcement Collection System. Payments on

 8  non-Title IV-D cases without income deduction orders shall not

 9  be sent to the State Disbursement Unit as provided by federal

10  law.

11         (2)(a)  For payments not required to be processed

12  through the State Disbursement Unit, the depository shall

13  impose and collect a fee on each payment made for receiving,

14  recording, reporting, disbursing, monitoring, or handling

15  alimony or child support payments as required under this

16  section, which fee shall be a flat fee based, to the extent

17  practicable, upon estimated reasonable costs of operation.

18  The fee shall be reduced in any case in which the fixed fee

19  results in a charge to any party of an amount greater than 3

20  percent of the amount of any support payment made in

21  satisfaction of the amount which the party is obligated to

22  pay, except that no fee shall be less than $1 nor more than $5

23  per payment made.  The fee shall be considered by the court in

24  determining the amount of support that the obligor is, or may

25  be, required to pay.

26         (b)1.  For the period of July 1, 1992, through June 30,

27  2002 1999, the fee imposed in paragraph (a) shall be increased

28  to 4 percent of the support payments which the party is

29  obligated to pay, except that no fee shall be more than $5.25.

30  The fee shall be considered by the court in determining the

31  amount of support that the obligor is, or may be, required to

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                                                  SENATE AMENDMENT

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 1  pay. Notwithstanding the provisions of s. 145.022, 75 percent

 2  of the additional revenues generated by this paragraph shall

 3  be remitted monthly to the Clerk of the Court Child Support

 4  Enforcement Collection System Trust Fund administered by the

 5  department as provided in subparagraph 2.  These funds shall

 6  be used exclusively for the development, implementation, and

 7  operation of the Clerk of the Court an automated Child Support

 8  Enforcement Collection Collections System to be operated by

 9  the depositories, including the automation of civil case

10  information necessary for the State Case Registry.  The

11  department shall contract with the Florida Association of

12  Court Clerks and Comptrollers and the depositories to design,

13  establish, operate, upgrade, and maintain the automation of

14  the depositories to include, but not be limited to, the

15  provision of on-line electronic transfer of information to the

16  IV-D agency as otherwise required by this chapter. The

17  department's obligation to fund the automation of the

18  depositories is limited to the state share of funds available

19  in the Clerk of the Court Child Support Enforcement Collection

20  System Trust Fund.  Each depository created under this section

21  shall fully participate in the Clerk of the Court automated

22  Child Support Enforcement Collection System on or before July

23  1, 1997, and transmit data in a readable format as required by

24  the contract between the Florida Association of Court Clerks

25  and Comptrollers and the department.  The department may at

26  its discretion exempt a depository from compliance with full

27  participation in the automated child support enforcement

28  collection system.

29         2.  No later than December 31, 1996, moneys to be

30  remitted to the department by the depository shall be done

31  daily by electronic funds transfer and calculated as follows:

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                                                  SENATE AMENDMENT

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 1         a.  For each support payment of less than $33, 18.75

 2  cents.

 3         b.  For each support payment between $33 and $140, an

 4  amount equal to 18.75 percent of the fee charged.

 5         c.  For each support payment in excess of $140, 18.75

 6  cents.

 7         3.  Prior to June 30, 1995, the depositories and the

 8  department shall provide the Legislature with estimates of the

 9  cost of continuing the collection and maintenance of

10  information required by this act.

11         4.  The fees established by this section shall be set

12  forth and included in every order of support entered by a

13  court of this state which requires payment to be made into the

14  depository.

15         (3)(a)  For payments not required to be processed

16  through the State Disbursement Unit, the depository shall

17  collect and distribute all support payments paid into the

18  depository to the appropriate party. On or after July 1, 1998,

19  if a payment is made on a Title IV-D case which is not

20  accompanied by the required transaction fee, the depository

21  shall not deduct any moneys from the support payment for

22  payment of the fee.  Nonpayment of the required fee shall be

23  considered a delinquency, and when the total of fees and costs

24  which are due but not paid exceeds $50, the judgment by

25  operation of law process set forth in s. 61.14(6)(a) shall

26  become applicable and operational. As part of its collection

27  and distribution functions, the depository shall maintain

28  records listing:

29         1.  The obligor's name, address, social security

30  number, place of employment, and any other sources of income.

31         2.  The obligee's name, address, and social security

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                                                  SENATE AMENDMENT

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 1  number.

 2         3.  The amount of support due as provided in the court

 3  order.

 4         4.  The schedule of payment as provided in the court

 5  order.

 6         5.  The actual amount of each support payment received,

 7  the date of receipt, the amount disbursed, and the recipient

 8  of the disbursement.

 9         6.  The unpaid balance of any arrearage due as provided

10  in the court order.

11         7.  Other records as necessary to comply with federal

12  reporting requirements.

13         Section 35.  Section 61.1824, Florida Statutes, is

14  created to read:

15         61.1824  State Disbursement Unit.--

16         (1)  The State Disbursement Unit is hereby created and

17  shall be operated by the Department of Revenue or by a

18  contractor responsible directly to the department. The State

19  Disbursement Unit shall be responsible for the collection and

20  disbursement of payments for:

21         (a)  All child support cases enforced by the department

22  pursuant to Title IV-D of the Social Security Act; and

23         (b)  All child support cases not being enforced by the

24  department pursuant to Title IV-D of the Social Security Act

25  in which the initial support order was issued in this state on

26  or after January 1, 1994, and in which the obligor's child

27  support obligation is being paid through income deduction.

28         (2)  The State Disbursement Unit must be operated in

29  coordination with the department's child support enforcement

30  automated system in Title IV-D cases.

31         (3)  The State Disbursement Unit shall perform the

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                                                  SENATE AMENDMENT

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 1  following functions:

 2         (a)  Disburse all receipts from intercepts, including,

 3  but not limited to, United States Internal Revenue Service,

 4  unemployment compensation, lottery, and administrative offset

 5  intercepts.

 6         (b)  Provide employers and payors with one address to

 7  which all income deduction collections are sent.

 8         (c)  When there is more than one income deduction order

 9  being enforced against the same obligor by the payor, allocate

10  the amounts available for income deduction in the manner set

11  forth in s. 61.1301.

12         (d)  To the extent feasible, use automated procedures

13  for the collection and disbursement of support payments,

14  including, but not limited to, having procedures for:

15         1.  Receipt of payments from obligors, employers, other

16  states and jurisdictions, and other entities.

17         2.  Timely disbursement of payments to obligees, the

18  department, and other state Title IV-D agencies.

19         3.  Accurate identification of payment source and

20  amount.

21         4.  Furnishing any parent, upon request, timely

22  information on the current status of support payments under an

23  order requiring payments to be made by or to the parent,

24  except that in cases described in paragraph (1)(b), prior to

25  the date the State Disbursement Unit becomes fully

26  operational, the State Disbursement Unit shall not be required

27  to convert and maintain in automated form records of payments

28  kept pursuant to s. 61.181.

29         (e)  Information regarding disbursement must be

30  transmitted in the following manner:

31         1.  In Title IV-D cases, the State Disbursement Unit

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 1  shall transmit, in an electronic format as prescribed by the

 2  department, all required information to the department on the

 3  same business day the information is received from the

 4  employer or other source of periodic income, if sufficient

 5  information identifying the payee is provided. The department

 6  shall determine distribution allocation of a collection and

 7  shall electronically transmit that information to the State

 8  Disbursement Unit, whereupon the State Disbursement Unit shall

 9  disburse the collection. The State Disbursement Unit may delay

10  the disbursement of payments toward arrearages until the

11  resolution of any timely appeal with respect to such

12  arrearages. The State Disbursement Unit may delay the

13  disbursement of Title IV-D collections until authorization by

14  the Title IV-D agency has been received.

15         2.  In non-Title IV-D cases payment information is not

16  transmitted to the department. The State Disbursement Unit may

17  delay the disbursement of payments toward arrearages until the

18  resolution of any timely appeal with respect to such

19  arrearages.

20         (f)  Reconcile all cash receipts and all disbursements

21  daily and provide the department with a daily reconciliation

22  report in a format as prescribed by the department.

23         (g)  Disburse child support payments to foreign

24  countries as may be required.

25         (h)  Receive and convert child support payments made in

26  foreign currency.

27         (i)  Remit to the department payments for costs due the

28  department.

29         (j)  Handle insufficient funds payments, claims of lost

30  or stolen checks, and stop payment orders.

31         (k)  Issue billing notices and statements of account,

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                                                  SENATE AMENDMENT

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 1  in accordance with federal requirements, in a format and

 2  frequency prescribed by the department to persons who pay and

 3  receive child support in Title IV-D cases.

 4         (l)  Provide the department with a weekly report that

 5  summarizes and totals all financial transaction activity.

 6         (m)  Provide toll-free access to customer assistance

 7  representatives and an automated voice response system that

 8  will enable the parties to a child support case to obtain

 9  payment information.

10         (4)  For cases in which the obligor or payor fails to

11  submit payment directly to the central address provided by the

12  State Disbursement Unit, the depositories shall have

13  procedures for accepting a support payment tendered in the

14  form of cash or a check drawn on the account of a payor or

15  obligor, unless the payor or obligor has previously remitted a

16  check which was returned to the depository due to lack of

17  sufficient funds in the account. If the payor or obligor has

18  had a check returned for this reason, the depository shall

19  accept payment by cash, cashier's check, or money order, or

20  may accept a check upon deposit by the payor or obligor of an

21  amount equal to 1 month's payment. Upon payment by cash,

22  cashier's check, or money order, the depository shall remit

23  the payment to the State Disbursement Unit within 1 business

24  day after receipt.

25         (5)  Obligees receiving payments through the State

26  Disbursement Unit shall inform the State Disbursement Unit of

27  changes in their names and addresses. Notification of all

28  changes must be made directly to the State Disbursement Unit

29  within 7 business days after a change. In Title IV-D cases,

30  the State Disbursement Unit shall transmit the information to

31  the department, in an electronic format prescribed by the

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                                                  SENATE AMENDMENT

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 1  department, within 1 business day after receipt.

 2         Section 36.  Section 61.1825, Florida Statutes, is

 3  created to read:

 4         61.1825  State Case Registry.--

 5         (1)  The Department of Revenue or its agent shall

 6  operate and maintain a State Case Registry as provided by 42

 7  U.S.C. s. 654A. The State Case Registry must contain records

 8  for:

 9         (a)  Each case in which services are being provided by

10  the department as the state's Title IV-D agency; and

11         (b)  By October 1, 1998, each support order established

12  or modified in the state on or after October 1, 1998, in which

13  services are not being provided by the Title IV-D agency.

14

15  The department shall maintain that part of the State Case

16  Registry that includes support order information for Title

17  IV-D cases on the department's child support enforcement

18  automated system.

19         (2)  By October 1, 1998, for each support order

20  established or modified by a court of this state on or after

21  October 1, 1998, the depository for the court that enters the

22  support order in a non-Title IV-D case shall provide, in an

23  electronic format prescribed by the department, the following

24  information to that component of the State Case Registry that

25  receives, maintains, and transmits support order information

26  for non-Title IV-D cases:

27         (a)  The name of the obligor, obligee, and child or

28  children;

29         (b)  The social security number of the obligor,

30  obligee, and child or children;

31         (c)  The date of birth of the obligor, obligee, and

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 1  child or children;

 2         (d)  Whether a family violence indicator is present or

 3  if a court order has been entered against a party in a

 4  domestic violence or protective action;

 5         (e)  The date the support order was established or

 6  modified;

 7         (f)  The case identification number, which is the

 8  two-digit numeric county code followed by the civil circuit

 9  case number:

10         (g)  The federal information processing system numeric

11  designation for the county and state where the support order

12  was established or modified; and

13         (h)  Any other data as may be required by the United

14  States Secretary of Health and Human Services.

15         (3)  The depository, using standardized data elements,

16  shall provide the support order information required by

17  subsection (2) to the entity that maintains the non-Title IV-D

18  support order information for the State Case Registry at a

19  frequency and in a format prescribed by the department.

20         (4)  The entity that maintains State Case Registry

21  information for non-Title IV-D cases shall make the

22  information available to the department in a readable and

23  searchable electronic format that is compatible with the

24  department's automated child support enforcement system.

25         (5)  State Case Registry information must be

26  transmitted electronically to the Federal Case Registry of

27  Child Support Orders by the department in a manner and

28  frequency prescribed by the United States Secretary of Health

29  and Human Services.

30         Section 37.  Section 61.1826, Florida Statutes, is

31  created to read:

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 1         61.1826  Procurement of services for State Disbursement

 2  Unit and the non-Title IV-D component of the State Case

 3  Registry; contracts and cooperative agreements; penalties;

 4  withholding payment.--

 5         (1)  LEGISLATIVE FINDINGS.--The Legislature finds that

 6  the clerks of court play a vital role, as essential

 7  participants in the establishment, modification, collection,

 8  and enforcement of child support, in securing the health,

 9  safety, and welfare of the children of this state. The

10  Legislature further finds and declares that:

11         (a)  It is in the state's best interest to preserve the

12  essential role of the clerks of court in disbursing child

13  support payments and maintaining official records of child

14  support orders entered by the courts of this state.

15         (b)  As official recordkeeper for matters relating to

16  court-ordered child support, the clerks of court are necessary

17  parties to obtaining, safeguarding, and providing child

18  support payment and support order information.

19         (c)  As provided by the Federal Personal Responsibility

20  and Work Opportunity Reconciliation Act of 1996, the state

21  must establish and operate a State Case Registry in full

22  compliance with federal law by October 1, 1998, and a State

23  Disbursement Unit by October 1, 1999.

24         (d)  Noncompliance with federal law could result in a

25  substantial loss of federal funds for the state's child

26  support enforcement program and the temporary assistance for

27  needy families welfare block grant.

28         (e)  The potential loss of substantial federal funds

29  poses a direct and immediate threat to the health, safety, and

30  welfare of the children and citizens of the state and

31  constitutes an emergency for purposes of s. 287.057(3)(a).

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    Amendment No.    





 1         (f)  The clerks of court maintain the official payment

 2  record of the court for amounts received, payments credited,

 3  arrearages owed, liens attached, and current mailing addresses

 4  of all parties, payor, obligor, and payee.

 5         (g)  The clerks of court have established a statewide

 6  Clerk of Court Child Support Enforcement Collection System for

 7  the automation of all payment processing using state and local

 8  government funds as provided under s. 61.181(2)(b)1.

 9         (h)  The Legislature acknowledges the improvements made

10  by and the crucial role of the Clerk of the Court Child

11  Support Enforcement Collection System in speeding payments to

12  the children of Florida.

13         (i)  There is no viable alternative to continuing the

14  role of the clerks of court in collecting, safeguarding, and

15  providing essential child support payment information.

16

17  For these reasons, the Legislature hereby directs the

18  Department of Revenue, subject to the provisions of subsection

19  (6), to contract with the Florida Association of Court Clerks

20  and each depository to perform duties with respect to the

21  operation and maintenance of a State Disbursement Unit and the

22  non-Title IV-D component of the State Case Registry as further

23  provided by this section.

24         (2)  COOPERATIVE AGREEMENTS.--Each depository shall

25  enter into a standard cooperative agreement with the

26  department for participation in the State Disbursement Unit

27  and the non-Title IV-D component of the State Case Registry

28  through the Clerk of Court Child Support Enforcement

29  Collection System within 60 days after the effective date of

30  this section. The cooperative agreement shall be a uniform

31  document, mutually developed by the department and the Florida

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 1  Association of Court Clerks, that applies to all depositories

 2  and complies with all state and federal requirements. Each

 3  depository shall also enter into a written agreement with the

 4  Florida Association of Court Clerks and the department within

 5  60 days after the effective date of this section that requires

 6  each depository to participate fully in the State Disbursement

 7  Unit and the non-Title IV-D component of the State Case

 8  Registry.

 9         (3)  CONTRACT.--The Florida Association of Court Clerks

10  shall enter into a written contract with the department that

11  fully complies with all federal and state laws within 60 days

12  after the effective date of this section. The contract shall

13  be mutually developed by the department and the Florida

14  Association of Court Clerks. As required by s. 287.057 and 45

15  C.F.R. s. 74.43, any subcontracts entered into by the Florida

16  Association of Court Clerks, except for a contract between the

17  Florida Association of Court Clerks and its totally owned

18  subsidiary corporation, must be procured through competitive

19  bidding.

20         (4)  COOPERATIVE AGREEMENT AND CONTRACT TERMS.--The

21  contract between the Florida Association of Court Clerks and

22  the department, and cooperative agreements entered into by the

23  depositories and the department, must contain, but are not

24  limited to, the following terms:

25         (a)  The initial term of the contract and cooperative

26  agreements is for 5 years. The subsequent term of the contract

27  and cooperative agreements is for 3 years, with the option of

28  two 1-year renewal periods, at the sole discretion of the

29  department.

30         (b)  The duties and responsibilities of the Florida

31  Association of Court Clerks, the depositories, and the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2244

    Amendment No.    





 1  department.

 2         (c)  Under s. 287.058(1)(a), all providers and

 3  subcontractors shall submit to the department directly, or

 4  through the Florida Association of Court Clerks, a report of

 5  monthly expenditures in a format prescribed by the department

 6  and in sufficient detail for a proper preaudit and postaudit

 7  thereof.

 8         (d)  All providers and subcontractors shall submit to

 9  the department directly, or through the Florida Association of

10  Court Clerks, management reports in a format prescribed by the

11  department.

12         (e)  All subcontractors shall comply with chapter 280,

13  as may be required.

14         (f)  Federal financial participation for eligible Title

15  IV-D expenditures incurred by the Florida Association of Court

16  Clerks and the depositories shall be at the maximum level

17  permitted by federal law for expenditures incurred for the

18  provision of services in support of child support enforcement

19  in accordance with 45 C.F.R., part 74 and Federal Office of

20  Management and Budget Circulars A-87 and A-122 and based on an

21  annual cost allocation study of each depository. The

22  depositories shall submit directly, or through the Florida

23  Association of Court Clerks, claims for Title IV-D

24  expenditures monthly to the department in a standardized

25  format as prescribed by the department. The Florida

26  Association of Court Clerks shall contract with a certified

27  public accounting firm, selected by the Florida Association of

28  Court Clerks and the department, to audit and certify

29  quarterly to the department all claims for expenditures

30  submitted by the depositories for Title IV-D reimbursement.

31         (g)  Upon termination of the contracts between the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2244

    Amendment No.    





 1  department and the Florida Association of Court Clerks or the

 2  depositories, the Florida Association of Court Clerks, its

 3  agents, and the depositories shall assist the department in

 4  making an orderly transition to a private vendor.

 5         (h)  Interest on late payment by the department shall

 6  be in accordance with s. 215.422.

 7

 8  If either the department or the Florida Association of Court

 9  Clerks objects to a term of the standard cooperative agreement

10  or contract specified in subsections (2) and (3), the disputed

11  term or terms shall be presented jointly by the parties to the

12  Attorney General or the Attorney General's designee, who shall

13  act as special master. The special master shall resolve the

14  dispute in writing within 10 days. The resolution of a dispute

15  by the special master is binding on the department and the

16  Florida Association of Court Clerks.

17         (5)  PERFORMANCE REVIEWS.--As provided by this

18  subsection, the Office of Program Policy Analysis and

19  Government Accountability shall conduct comprehensive

20  performance reviews of the State Disbursement Unit and State

21  Case Registry. In addition to the requirements of chapter 11,

22  the review must include, but not be limited to, an analysis of

23  state and federal requirements, the effectiveness of the

24  current system in meeting those requirements; a cost analysis

25  of the State Disbursement Unit and the non-Title IV-D

26  component of the State Case Registry; a review and comparison

27  of available alternative methodologies as utilized by other

28  states; and a review of all strategies, including

29  privatization, to increase the efficiency and cost

30  effectiveness of the State Disbursement Unit and the non-Title

31  IV-D component of the State Case Registry. A review must be

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2244

    Amendment No.    





 1  completed and a written report submitted to the Governor,

 2  President of the Senate, and the Speaker of the House of

 3  Representatives by October 1, 1999, pertaining to the State

 4  Case Registry and October 1, 2000, pertaining to the State

 5  Disbursement Unit, and every 2 years thereafter beginning

 6  October 1, 2002, pertaining to both the State Case Registry

 7  and the State Disbursement Unit.

 8         (6)  CONTRACT TERMINATION.--If any of the following

 9  events occur, the department may discontinue its plans to

10  contract, or terminate its contract, with the Florida

11  Association of Court Clerks and the depositories upon 30 days'

12  written notice by the department and may, through competitive

13  bidding, procure services from a private vendor to perform

14  functions necessary for the department to operate the State

15  Disbursement Unit and the non-Title IV-D component of the

16  State Case Registry with a minimum amount of disruption in

17  service to the children and citizens of the state:

18         (a)  Receipt by the department of final notice by the

19  United States Secretary of Health and Human Services or the

20  secretary's designee that the contractual arrangement between

21  the department, the Florida Association of Court Clerks, and

22  the depositories, does not satisfy federal requirements for a

23  State Disbursement Unit or a State Case Registry and that the

24  state's Title IV-D State Plan will not be approved, or that

25  federal Title IV-D funding is not made available to fund the

26  non-Title IV-D component of the State Case Registry or the

27  State Disbursement Unit;

28         (b)  The Florida Association of Court Clerks, a

29  depository or any subcontractor fails to comply with any

30  material contractual term or state or federal requirement;

31         (c)  The non-Title IV-D component of the State Case

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2244

    Amendment No.    





 1  Registry is not established and operational, consistent with

 2  the terms of the contract, by October 1, 1998; or

 3         (d)  The State Disbursement Unit is not established and

 4  operational, consistent with the terms of the contract, by

 5  October 1, 1999.

 6

 7  If either event specified in paragraph (a) occurs, the

 8  depositories are relieved of all responsibilities and duties

 9  under this chapter relating to Title IV-D payment processing

10  and data transmission to the department.

11         (7)  PARTICIPATION BY DEPOSITORIES.--

12         (a)  Each depository shall participate in the non-Title

13  IV-D component of the State Case Registry by using an

14  automated system compatible with the department's automated

15  child support enforcement system.

16         (b)  For participation in the State Disbursement Unit,

17  each depository shall:

18         1.  Use the CLERC System;

19         2.  Receive electronically and record payment

20  information from the State Disbursement Unit for each support

21  order entered by the court.

22         (8)  TITLE IV-D PROGRAM INCOME.--Pursuant to 45 C.F.R.

23  s. 304.50, all transaction fees and interest income realized

24  by the State Disbursement Unit constitute and must be reported

25  as program income under federal law and must be transmitted to

26  the Title IV-D agency for deposit in the Child Support

27  Enforcement Application and Program Revenue Trust Fund.

28         (9)  PENALTIES.--All depositories must participate in

29  the State Disbursement Unit and the non-Title IV-D component

30  of the State Case Registry as provided in this chapter. If a

31  depository fails to comply with this requirement or with any

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2244

    Amendment No.    





 1  material contractual term or other state or federal

 2  requirement, the failure constitutes misfeasance which

 3  subjects the county officer or officers responsible for the

 4  depository to suspension under Article IV of the State

 5  Constitution. The department shall report any continuing acts

 6  of misfeasance by a depository to the Governor and Cabinet,

 7  and to the Florida Association of Court Clerks.

 8         (10)  WITHHOLDING PAYMENT UNDER CONTRACTS.--If the

 9  Florida Association of Court Clerks, its agent, a

10  subcontractor, or a depository does not comply with any

11  material contractual term or state or federal requirement, the

12  department may withhold funds otherwise due under the

13  individual contract with the Florida Association of Court

14  Clerks or the individual cooperative agreement with the

15  depository, or both, at the department's election, to enforce

16  compliance. The department shall provide written notice of

17  noncompliance before withholding funds. Within 10 business

18  days after receipt of written notification of noncompliance,

19  the department must be provided with a written proposed

20  corrective action plan. Within 10 business days after receipt

21  of a corrective action plan, the department shall accept the

22  plan or allow 5 business days within which a revised plan may

23  be submitted. Upon the department's acceptance of a corrective

24  action plan, the agreed-upon plan must be fully completed

25  within 30 business days unless a longer period is permitted by

26  the department. If a proposed corrective action plan is not

27  submitted, is not accepted, or is not fully completed, any

28  funds withheld by the department for noncompliance are

29  forfeited to the department. Withholding or forfeiture of

30  funds may be contested by filing a petition or request for a

31  hearing under the applicable provisions of chapter 120. For

                                  21
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2244

    Amendment No.    





 1  the purposes of this section, no party to a dispute involving

 2  less than $5,000 in withheld or forfeited funds is deemed to

 3  be substantially affected by the dispute or to have a

 4  substantial interest in the decision resolving the dispute.

 5

 6  (Redesignate subsequent sections.)

 7

 8

 9  ================ T I T L E   A M E N D M E N T ===============

10  And the title is amended as follows:

11         On page 3, line 16, after the semicolon

12

13  insert:

14         amending s. 61.046, F.S.; revising definitions;

15         amending s. 61.181, F.S.; providing for

16         processing of certain central depository

17         payments through the Department of Revenue's

18         State Disbursement Unit; continuing a fee

19         through a specified date; providing for the use

20         of funds; creating s. 61.1824, F.S.; providing

21         for a State Disbursement Unit; providing

22         responsibilities; creating s. 61.1825, F.S.;

23         providing for operation of a State Case

24         Registry; providing requirements; creating s.

25         61.1826, F.S.; providing legislative findings;

26         providing for department cooperative agreements

27         and contracts for operation of the State

28         Disbursement Unit and the non-Title IV-D

29         component of the State Case Registry; providing

30         contract requirements; providing for

31         performance reviews; requiring a report;

                                  22
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2244

    Amendment No.    





 1         providing for termination of contracts under

 2         specified conditions; providing for report of

 3         program income; providing penalties;

 4         authorizing the department to withhold funds

 5         for noncompliance with contractual terms;

 6         requiring notice; providing for a corrective

 7         action plan;

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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