Senate Bill 2244c1

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    Florida Senate - 1998                           CS for SB 2244

    By the Committee on Judiciary and Senator Dudley





    308-2227-98

  1                      A bill to be entitled

  2         An act relating to child support enforcement;

  3         amending s. 61.13, F.S.; requiring child

  4         support orders to apportion certain medical

  5         expenses; providing requirements for notice and

  6         service of process; amending s. 61.1301, F.S.;

  7         revising provisions relating to income

  8         deduction orders and notices; amending s.

  9         61.181, F.S.; requiring evaluation of certain

10         child support enforcement demonstration

11         projects; requiring a report; amending s.

12         61.30, F.S.; requiring certain information to

13         accompany child support determinations;

14         providing a limitation on retroactive awards;

15         amending s. 69.041, F.S.; authorizing

16         Department of Revenue participation in mortgage

17         foreclosures based upon interests in a child

18         support lien; amending ss. 319.24, 409.2575,

19         F.S.; authorizing the director of the state

20         child support enforcement program to delegate

21         certain responsibilities with respect to motor

22         vehicle liens; amending s. 319.32, F.S.;

23         providing a fee for motor vehicle liens;

24         amending ss. 372.561, 372.57, F.S.; requiring

25         applicants for certain game and freshwater fish

26         licenses to provide social security numbers;

27         amending s. 382.008, F.S.; requiring death and

28         fetal death registrations to include social

29         security numbers, if available; restricting use

30         of such numbers; amending s. 382.013, F.S.;

31         providing for certain use of birth registration

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  1         information; specifying inclusion of certain

  2         birth information on the birth certificate;

  3         providing certain notice relating to paternity

  4         affidavits; amending s. 409.2557, F.S.;

  5         providing specific rulemaking authority;

  6         creating s. 409.2558, F.S.; providing for the

  7         department's distribution and disbursement of

  8         child support payments; creating s. 409.2559,

  9         F.S.; providing for establishment of a state

10         disbursement unit; amending s. 409.2561, F.S.,

11         relating to child support obligations when

12         public assistance is paid; amending s.

13         409.2564, F.S., relating to subpoenas in child

14         support actions; providing for challenges;

15         providing for enforcement; providing for fines;

16         amending s. 409.25641, F.S.; providing for

17         processing of automated administrative

18         enforcement requests; creating s. 409.25658,

19         F.S.; providing for use of certain unclaimed

20         property for past-due child support; providing

21         duties of the department and the Department of

22         Banking and Finance; providing for notice and

23         hearings; amending ss. 409.2567, 409.2578,

24         443.051, F.S.; correcting and conforming

25         references; amending ss. 409.2572, 414.095,

26         414.32, F.S.; providing for determinations of

27         good cause for failure to cooperate with the

28         child support enforcement agency; amending ss.

29         409.2576, 455.213, F.S.; clarifying conditions

30         for disclosure of social security numbers;

31         amending s. 409.2579, F.S.; revising provisions

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  1         which limit or prohibit disclosure of the

  2         identity and whereabouts of certain persons;

  3         providing a penalty; amending s. 443.1715,

  4         F.S., relating to disclosure of wage and

  5         unemployment compensation information; amending

  6         s. 741.04, F.S., relating to information

  7         required for issuance of a marriage license;

  8         amending s. 742.032, F.S., relating to

  9         requirements for notice and service of process;

10         amending s. 61.14, F.S.; prohibiting deductions

11         by local depositories for certain costs and

12         fees until the total due the obligee has been

13         paid; repealing s. 382.013(1), (2)(b), F.S., as

14         amended by ch. 97-170, Laws of Florida, to

15         clarify legislative intent with respect to

16         conflicting enactments; providing an effective

17         date.

18

19  Be It Enacted by the Legislature of the State of Florida:

20

21         Section 1.  Paragraph (b) of subsection (1) and

22  paragraph (c) of subsection (9) of section 61.13, Florida

23  Statutes, are amended to read:

24         61.13  Custody and support of children; visitation

25  rights; power of court in making orders.--

26         (1)

27         (b)  Each order for child support shall contain a

28  provision for health insurance for the minor child when the

29  insurance is reasonably available.  Insurance is reasonably

30  available if either the obligor or obligee has access at a

31  reasonable rate to group insurance.  The court may require the

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  1  obligor either to provide health insurance coverage or to

  2  reimburse the obligee for the cost of health insurance

  3  coverage for the minor child when coverage is provided by the

  4  obligee.  In either event, the court shall apportion the cost

  5  of coverage, and any noncovered medical, dental, and

  6  prescription medication expenses of the child, to both parties

  7  by adding the cost to the basic obligation determined pursuant

  8  to s. 61.30(6). The court may order that payment of noncovered

  9  medical, dental, and prescription medication expenses of the

10  minor child be made directly to the payee on a percentage

11  basis. (9)

12         (c)  Beginning July 1, 1997, in any subsequent Title

13  IV-D child support enforcement action between the parties,

14  upon sufficient showing that diligent effort has been made to

15  ascertain the location of such a party, the court of competent

16  jurisdiction shall the tribunal may deem state due process

17  requirements for notice and service of process to be met with

18  respect to the party, upon delivery of written notice to the

19  most recent residential or employer address filed with the

20  tribunal and State Case Registry pursuant to paragraph (a).

21  Beginning October 1, 1998, in any subsequent non-Title IV-D

22  child support enforcement action between the parties, the same

23  requirements for service shall apply.

24         Section 2.  Section 61.1301, Florida Statutes, is

25  amended to read:

26         61.1301  Income deduction orders.--

27         (1)  ISSUANCE IN CONJUNCTION WITH REQUIREMENT FOR

28  INCOME DEDUCTION AS PART OF AN ORDER ESTABLISHING, ENFORCING,

29  OR MODIFYING AN OBLIGATION FOR ALIMONY OR CHILD SUPPORT.--

30         (a)  Upon the entry of an order establishing,

31  enforcing, or modifying an obligation for alimony, for child

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  1  support, or for alimony and child support, other than a

  2  temporary order, the court shall enter a separate order

  3  include provisions for income deduction if one has not been

  4  entered of the alimony and/or child support in the order.

  5  Copies of the orders shall be served on the obligee and

  6  obligor.  If the order establishing, enforcing, or modifying

  7  the obligation directs shall direct that payments be made

  8  through the depository,. the court shall provide to the

  9  depository a copy of the order establishing, enforcing, or

10  modifying the obligation. If the obligee is a recipient of

11  Title IV-D services applicant, the court shall furnish to the

12  Title IV-D agency a copy of the income deduction order and the

13  order establishing, enforcing, or modifying the obligation.

14         1.  The obligee or, in Title IV-D cases, the Title IV-D

15  agency may implement income deduction after receiving a copy

16  of an order from the court under this paragraph or a

17  forwarding agency under UIFSA, URESA, or RURESA by issuing an

18  income deduction notice to the payor.

19         2.  The income deduction notice must state that it is

20  based upon a valid support order and that it contains an

21  income deduction requirement or upon a separate income

22  deduction order. The income deduction notice must contain the

23  notice to payor provisions specified by paragraph (2)(e). The

24  income deduction notice must contain the following information

25  from the income deduction order upon which the notice is

26  based: the case number, the court that entered the order, and

27  the date entered.

28         3.  Payors shall deduct support payments from income,

29  as specified in the income deduction notice, in the manner

30  provided under paragraph (2)(e).

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  1         4.  In non-Title IV-D cases, the income deduction

  2  notice must be accompanied by a copy of the support order upon

  3  which the notice is based. In Title IV-D cases, upon request

  4  of a payor, the Title IV-D agency shall furnish the payor a

  5  copy of the income deduction order. The income deduction shall

  6  be implemented by serving an income deduction notice upon the

  7  payor.

  8         5.2.  If a support order entered before January 1,

  9  1994, October 1, 1996, in a non-Title IV-D case does not

10  specify income deduction, income deduction may be initiated

11  upon a delinquency without the need for any amendment to the

12  support order or any further action by the court.  In such

13  case the obligee may implement income deduction by serving a

14  notice of delinquency on the obligor as provided for under

15  paragraph (f).

16         (b)  Provisions for income deduction. The income

17  deduction order entered pursuant to paragraph (a) shall:

18         1.  Direct a payor to deduct from all income due and

19  payable to an obligor the amount required by the court to meet

20  the obligor's support obligation including any attorney's fees

21  or costs owed and forward the deducted amount pursuant to the

22  order.

23         2.  State the amount of arrearage owed, if any, and

24  direct a payor to withhold an additional 20 percent or more of

25  the periodic amount specified in the order establishing,

26  enforcing, or modifying the obligation, until full payment is

27  made of any arrearage, attorney's fees and costs owed,

28  provided no deduction shall be applied to attorney's fees and

29  costs until the full amount of any arrearage is paid;

30

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  1         3.  Direct a payor not to deduct in excess of the

  2  amounts allowed under s. 303(b) of the Consumer Credit

  3  Protection Act, 15 U.S.C. s. 1673(b), as amended;

  4         4.  Direct whether a payor shall deduct all, a

  5  specified portion, or no income which is paid in the form of a

  6  bonus or other similar one-time payment, up to the amount of

  7  arrearage reported in the income deduction notice or the

  8  remaining balance thereof, and forward the payment to the

  9  governmental depository.  For purposes of this subparagraph,

10  "bonus" means a payment in addition to an obligor's usual

11  compensation and which is in addition to any amounts

12  contracted for or otherwise legally due and shall not include

13  any commission payments due an obligor; and

14         5.  In Title IV-D cases, direct a payor to provide to

15  the court depository the date on which each deduction is made.

16         (c)  The income deduction order is effective

17  immediately unless the court upon good cause shown finds that

18  the income deduction order shall be effective upon a

19  delinquency in an amount specified by the court but not to

20  exceed 1 month's payment, pursuant to the order establishing,

21  enforcing, or modifying the obligation. In order to find good

22  cause, the court must at a minimum make written findings that:

23         1.  Explain why implementing immediate income deduction

24  would not be in the child's best interest;

25         2.  There is proof of timely payment of the previously

26  ordered obligation without an income deduction order in cases

27  of modification; and

28         3.a.  There is an agreement by the obligor to advise

29  the IV-D agency and court depository of any change in payor

30  and health insurance; or

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  1         b.  There is a signed written agreement providing an

  2  alternative arrangement between the obligor and the obligee

  3  and, at the option of the IV-D agency, by the IV-D agency in

  4  IV-D cases in which there is an assignment of support rights

  5  to the state, reviewed and entered in the record by the court.

  6         (d)  The income deduction order shall be effective as

  7  long as the order upon which it is based is effective or until

  8  further order of the court.

  9         (e)  Statement of obligor's rights. When the court

10  orders the income deduction to be effective immediately, the

11  court shall furnish to the obligor a statement of his or her

12  rights, remedies, and duties in regard to the income deduction

13  order.  The statement shall state:

14         1.  All fees or interest which shall be imposed.

15         2.  The total amount of income to be deducted for each

16  pay period until the arrearage, if any, is paid in full and

17  shall state the total amount of income to be deducted for each

18  pay period thereafter.  The amounts deducted may not be in

19  excess of that allowed under s. 303(b) of the Consumer Credit

20  Protection Act, 15 U.S.C. s. 1673(b), as amended.

21         3.  That the income deduction order notice applies to

22  current and subsequent payors and periods of employment.

23         4.  That a copy of the income deduction order or, in

24  Title IV-D cases, the income deduction notice will be served

25  on the obligor's payor or payors.

26         5.  That enforcement of the income deduction order

27  notice may only be contested on the ground of mistake of fact

28  regarding the amount owed pursuant to the order establishing,

29  enforcing, or modifying the obligation, the arrearages, or the

30  identity of the obligor, the payor, or the obligee.

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  1         6.  That the obligor is required to notify the obligee

  2  and, when the obligee is receiving IV-D services, the IV-D

  3  agency within 7 days of changes in the obligor's address,

  4  payors, and the addresses of his or her payors.

  5         (f)  Notice of delinquency. If a support order was

  6  entered before January 1, 1994, or When the court orders the

  7  income deduction to be effective upon a delinquency as

  8  provided in subparagraph (a)2. or paragraph (c), the obligee

  9  or, in Title IV-D cases, the Title IV-D agency may enforce the

10  income deduction by serving a notice of delinquency on the

11  obligor under this subsection.

12         1.  The notice of delinquency shall state:

13         a.  The terms of the order establishing, enforcing, or

14  modifying the obligation.

15         b.  The period of delinquency and the total amount of

16  the delinquency as of the date the notice is mailed.

17         c.  All fees or interest which may be imposed.

18         d.  The total amount of income to be deducted for each

19  pay period until the arrearage, and all applicable fees and

20  interest, is paid in full and shall state the total amount of

21  income to be deducted for each pay period thereafter.  The

22  amounts deducted may not be in excess of that allowed under s.

23  303(b) of the Consumer Credit Protection Act, 15 U.S.C. s.

24  1673(b), as amended.

25         e.  That the income deduction order notice applies to

26  current and subsequent payors and periods of employment.

27         f.  That a copy of the notice of delinquency will be

28  served on the obligor's payor or payors, together with a copy

29  of the income deduction order or, in Title IV-D cases, the

30  income deduction notice, unless the obligor applies to the

31  court to contest enforcement of the income deduction. The

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  1  application shall be filed within 15 days after the date the

  2  notice of delinquency was served.

  3         g.  That enforcement of the income deduction order

  4  notice may only be contested on the ground of mistake of fact

  5  regarding the amount owed pursuant to the order establishing,

  6  enforcing, or modifying the obligation, the amount of

  7  arrearages, or the identity of the obligor, the payor, or the

  8  obligee.

  9         h.  That the obligor is required to notify the obligee

10  of the obligor's current address and current payors and of the

11  address of current payors.  All changes shall be reported by

12  the obligor within 7 days.  If the IV-D agency is enforcing

13  the order, the obligor shall make these notifications to the

14  agency instead of to the obligee.

15         2.  The failure of the obligor to receive the notice of

16  delinquency does not preclude subsequent service of the income

17  deduction order or, in Title IV-D cases, the income deduction

18  notice on the obligor's payor.  A notice of delinquency which

19  fails to state an arrearage does not mean that an arrearage is

20  not owed.

21         (g)  At any time, any party, including the IV-D agency,

22  may apply to the court to:

23         1.  Modify, suspend, or terminate the income deduction

24  order notice in accordance with a modification, suspension, or

25  termination of the support provisions in the underlying order;

26  or

27         2.  Modify the amount of income deducted when the

28  arrearage has been paid.

29         (2)  ENFORCEMENT OF INCOME DEDUCTION ORDERS.--

30         (a)  The obligee or his or her agent shall serve an

31  income deduction order and notice to payor, or, in Title IV-D

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  1  cases, the Title IV-D agency shall issue an income deduction

  2  notice, and in the case of a delinquency a notice of

  3  delinquency, on the obligor's payor unless the obligor has

  4  applied for a hearing to contest the enforcement of the income

  5  deduction pursuant to paragraph (c).

  6         (b)1.  Service by or upon any person who is a party to

  7  a proceeding under this section shall be made in the manner

  8  prescribed in the Florida Rules of Civil Procedure for service

  9  upon parties.

10         2.  Service upon an obligor's payor or successor payor

11  under this section shall be made by prepaid certified mail,

12  return receipt requested, or in the manner prescribed in

13  chapter 48.

14         (c)1.  The obligor, within 15 days after service of a

15  notice of delinquency, may apply for a hearing to contest the

16  enforcement of the income deduction on the ground of mistake

17  of fact regarding the amount owed pursuant to an order

18  establishing, enforcing, or modifying an obligation for

19  alimony, for child support, or for alimony and child support,

20  the amount of the arrearage, or the identity of the obligor,

21  the payor, or the obligee.  The obligor shall send a copy of

22  the pleading to the obligee and, if the obligee is receiving

23  IV-D services, to the IV-D agency.  The timely filing of the

24  pleading shall stay the service of an income deduction order

25  or, in Title IV-D cases, income deduction notice on all payors

26  of the obligor until a hearing is held and a determination is

27  made as to whether enforcement of the income deduction order

28  is proper.  The payment of a delinquent obligation by an

29  obligor upon entry issuance of an income deduction order

30  notice shall not preclude service of the income deduction

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  1  order or, in Title IV-D cases, an income deduction notice on

  2  the obligor's payor.

  3         2.  When an obligor timely requests a hearing to

  4  contest enforcement of an income deduction order, the court,

  5  after due notice to all parties and the IV-D agency if the

  6  obligee is receiving IV-D services, shall hear the matter

  7  within 20 days after the application is filed.  The court

  8  shall enter an order resolving the matter within 10 days after

  9  the hearing.  A copy of this order shall be served on the

10  parties and the IV-D agency if the obligee is receiving IV-D

11  services.  If the court determines that service of an income

12  deduction notice is proper, it shall specify the date the

13  income deduction order notice must be served on the obligor's

14  payor.

15         (d)  When a court determines that an income deduction

16  order notice is proper pursuant to paragraph (c), the obligee

17  or his or her agent shall cause a copy of the notice of

18  delinquency to be served on the obligor's payors.  A copy of

19  the income deduction order or, in Title IV-D cases, income

20  deduction notice, and in the case of a delinquency a notice of

21  delinquency, shall also be furnished to the obligor.

22         (e)  Notice to payor and income deduction notice. The

23  notice to payor or, in Title IV-D cases, income deduction

24  notice shall contain only information necessary for the payor

25  to comply with the order providing for income deduction. The

26  notice shall:

27         1.  Provide the obligor's social security number.

28         2.  Require the payor to deduct from the obligor's

29  income the amount specified in the order providing for income

30  deduction order, and in the case of a delinquency the amount

31  specified in the notice of delinquency, and to pay that amount

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  1  to the obligee or to the depository, as appropriate. The

  2  amount actually deducted plus all administrative charges shall

  3  not be in excess of the amount allowed under s. 303(b) of the

  4  Consumer Credit Protection Act, 15 U.S.C. s. 1673(b);

  5         3.  Instruct the payor to implement income deduction no

  6  later than the first payment date which occurs more than 14

  7  days after the date the income deduction notice was served on

  8  the payor, and the payor shall conform the amount specified in

  9  the income deduction order or, in Title IV-D cases, income

10  deduction notice to the obligor's pay cycle;

11         4.  Instruct the payor to forward, within 2 days after

12  each date the obligor is entitled to payment from the payor,

13  to the obligee or to the depository the amount deducted from

14  the obligor's income, a statement as to whether the amount

15  totally or partially satisfies the periodic amount specified

16  in the income deduction order or, in Title IV-D cases, income

17  deduction notice, and the specific date each deduction is

18  made. If the IV-D agency is enforcing the order, the payor

19  shall make these notifications to the agency instead of the

20  obligee;

21         5.  Specify that if a payor fails to deduct the proper

22  amount from the obligor's income, the payor is liable for the

23  amount the payor should have deducted, plus costs, interest,

24  and reasonable attorney's fees;

25         6.  Provide that the payor may collect up to $5 against

26  the obligor's income to reimburse the payor for administrative

27  costs for the first income deduction and up to $2 for each

28  deduction thereafter;

29         7.  State that the notice to payor or, in Title IV-D

30  cases, income deduction notice, and in the case of a

31  delinquency the notice of delinquency, are binding on the

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  1  payor until further notice by the obligee, IV-D agency, or the

  2  court or until the payor no longer provides income to the

  3  obligor;

  4         8.  Instruct the payor that, when he or she no longer

  5  provides income to the obligor, he or she shall notify the

  6  obligee and shall also provide the obligor's last known

  7  address and the name and address of the obligor's new payor,

  8  if known; and that, if the payor violates this provision, the

  9  payor is subject to a civil penalty not to exceed $250 for the

10  first violation or $500 for any subsequent violation. If the

11  IV-D agency is enforcing the order, the payor shall make these

12  notifications to the agency instead of to the obligee.

13  Penalties shall be paid to the obligee or the IV-D agency,

14  whichever is enforcing the income deduction order;

15         9.  State that the payor shall not discharge, refuse to

16  employ, or take disciplinary action against an obligor because

17  of the requirement for an income deduction notice and shall

18  state that a violation of this provision subjects the payor to

19  a civil penalty not to exceed $250 for the first violation or

20  $500 for any subsequent violation. Penalties shall be paid to

21  the obligee or the IV-D agency, whichever is enforcing the

22  income deduction notice, if any alimony or child support

23  obligation is owing. If no alimony or child support obligation

24  is owing, the penalty shall be paid to the obligor;

25         10.  State that an obligor may bring a civil action in

26  the courts of this state against a payor who refuses to

27  employ, discharges, or otherwise disciplines an obligor

28  because of an income deduction notice. The obligor is entitled

29  to reinstatement and all wages and benefits lost, plus

30  reasonable attorney's fees and costs incurred;

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  1         11.  Inform the payor that the requirement for income

  2  deduction notice has priority over all other legal processes

  3  under state law pertaining to the same income and that

  4  payment, as required by the notice to payor or income

  5  deduction notice, is a complete defense by the payor against

  6  any claims of the obligor or his or her creditors as to the

  7  sum paid;

  8         12.  Inform the payor that, when the payor receives

  9  notices to payor or income deduction notices requiring that

10  the income of two or more obligors be deducted and sent to the

11  same depository, the payor may combine the amounts that are to

12  be paid to the depository in a single payment as long as the

13  payments attributable to each obligor are clearly identified;

14  and

15         13.  Inform the payor that if the payor receives more

16  than one notice to payor or income deduction notice against

17  the same obligor, the payor shall contact the court or, in

18  Title IV-D cases, the Title IV-D agency for further

19  instructions. Upon being so contacted, the court or, in Title

20  IV-D cases when all the cases upon which the notices are based

21  are Title IV-D cases, the Title IV-D agency shall allocate

22  amounts available for income deduction as provided in

23  subsection (4).

24         (f)  At any time an income deduction order is being

25  enforced, the obligor may apply to the court for a hearing to

26  contest the continued enforcement of the income deduction on

27  the same grounds set out in paragraph (c), with a copy to the

28  obligee and, in IV-D cases, to the IV-D agency.  The

29  application does not affect the continued enforcement of the

30  income deduction until the court enters an order granting

31  relief to the obligor.  The obligee or the IV-D agency is

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  1  released from liability for improper receipt of moneys

  2  pursuant to an income deduction order upon return to the

  3  appropriate party of any moneys received.

  4         (g)  An obligee or his or her agent shall enforce an

  5  income deduction order against an obligor's successor payor

  6  who is located in this state in the same manner prescribed in

  7  this section for the enforcement of an income deduction order

  8  against a payor.

  9         (h)1.  When an income deduction order is to be enforced

10  against a payor located outside the state, the obligee who is

11  receiving IV-D services or his or her agent shall promptly

12  request the agency responsible for income deduction in the

13  other state to enforce the income deduction order. The request

14  shall contain all information necessary to enforce the income

15  deduction order, including the amount to be periodically

16  deducted, a copy of the order establishing, enforcing, or

17  modifying the obligation, and a statement of arrearages, if

18  applicable.

19         2.  When the IV-D agency is requested by the agency

20  responsible for income deduction in another state to enforce

21  an income deduction order against a payor located in this

22  state for the benefit of an obligee who is being provided IV-D

23  services by the agency in the other state, the IV-D agency

24  shall act promptly pursuant to the applicable provisions of

25  this section.

26         3.  When an obligor who is subject to an income

27  deduction order enforced against a payor located in this state

28  for the benefit of an obligee who is being provided IV-D

29  services by the agency responsible for income deduction in

30  another state terminates his or her relationship with his or

31  her payor, the IV-D agency shall notify the agency in the

                                  16

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  1  other state and provide it with the name and address of the

  2  obligor and the address of any new payor of the obligor, if

  3  known.

  4         4.a.  The procedural rules and laws of this state

  5  govern the procedural aspects of income deduction whenever the

  6  agency responsible for income deduction in another state

  7  requests the enforcement of an income deduction order in this

  8  state.

  9         b.  Except with respect to when withholding must be

10  implemented, which is controlled by the state where the order

11  establishing, enforcing, or modifying the obligation was

12  entered, the substantive law of this state shall apply

13  whenever the agency responsible for income deduction in

14  another state requests the enforcement of an income deduction

15  in this state.

16         c.  When the IV-D agency is requested by an agency

17  responsible for income deduction in another state to implement

18  income deduction against a payor located in this state for the

19  benefit of an obligee who is being provided IV-D services by

20  the agency in the other state or when the IV-D agency in this

21  state initiates an income deduction request on behalf of an

22  obligee receiving IV-D services in this state against a payor

23  in another state, pursuant to this section or the Uniform

24  Interstate Family Support Act, the IV-D agency shall file the

25  interstate income deduction documents, or an affidavit of such

26  request when the income deduction documents are not available,

27  with the depository and if the IV-D agency in this state is

28  responding to a request from another state, provide copies to

29  the payor and obligor in accordance with subsection (1).  The

30  depository created pursuant to s. 61.181 shall accept the

31  interstate income deduction documents or affidavit and shall

                                  17

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  1  establish an account for the receipt and disbursement of child

  2  support or child support and alimony payments and advise the

  3  IV-D agency of the account number in writing within 2 days

  4  after receipt of the documents or affidavit.

  5         (i)  Certified copies of payment records maintained by

  6  a depository shall, without further proof, be admitted into

  7  evidence in any legal proceeding in this state.

  8         (j)1.  A person may not discharge, refuse to employ, or

  9  take disciplinary action against an employee because of the

10  enforcement of an income deduction order.  An employer who

11  violates this subsection is subject to a civil penalty not to

12  exceed $250 for the first violation or $500 for any subsequent

13  violation.  Penalties shall be paid to the obligee or the IV-D

14  agency, whichever is enforcing the income deduction order, if

15  any alimony or child support is owing.  If no alimony or child

16  support is owing, the penalty shall be paid to the obligor.

17         2.  An employee may bring a civil action in the courts

18  of this state against an employer who refuses to employ,

19  discharges, or otherwise disciplines an employee because of an

20  income deduction order.  The employee is entitled to

21  reinstatement and all wages and benefits lost plus reasonable

22  attorney's fees and costs incurred.

23         (k)  When a payor no longer provides income to an

24  obligor, he or she shall notify the obligee and, if the

25  obligee is a IV-D applicant, the IV-D agency and shall also

26  provide the obligor's last known address and the name and

27  address of the obligor's new payor, if known.  A payor who

28  violates this subsection is subject to a civil penalty not to

29  exceed $250 for the first violation or $500 for a subsequent

30  violation.  Penalties shall be paid to the obligee or the IV-D

31  agency, whichever is enforcing the income deduction order.

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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 against the same obligor, the court shall allocate

  7  amounts available for income deduction must be allocated among

  8  all obligee families as follows:

  9         (a)  For computation purposes, the court shall convert

10  all obligations must be converted to a common payroll

11  frequency and determine the percentage of deduction allowed

12  under s. 303(b) of the Consumer Credit Protection Act, 15

13  U.S.C. s. 1673(b), as amended, must be determined. The court

14  shall determine The amount of income available for deduction

15  is determined by multiplying that percentage figure by the

16  obligor's net income and determine the sum of all of the

17  support obligations.

18         (b)  If the total monthly support obligation to all

19  families is less than the amount of income available for

20  deduction, the full amount of each obligation must be

21  deducted. sum of the support obligations is less than the

22  amount of income available for deduction, the court shall

23  order that the full amount of each obligation shall be

24  deducted.

25         (c)  If the total monthly support obligation to all

26  families is greater than the amount of income available for

27  deduction, the amount of the deduction must be prorated,

28  giving priority to current support, so that each family is

29  allocated a percentage of the amount deducted. The percentage

30  to be allocated to each family is determined by dividing each

31  current support obligation by the total of all current support

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  1  obligations. If the total of all current support obligations

  2  is less than the income available for deduction, and past due

  3  support is owed to more than one family, then the remainder of

  4  the available income must be prorated so that each family is

  5  allocated a percentage of the remaining income available for

  6  deduction. The percentage to be allocated to each family is

  7  determined by dividing each past-due support obligation by the

  8  total of all past-due support obligations. sum of the support

  9  obligations is greater than the amount of income available for

10  deduction, the court shall determine a prorated percentage for

11  each support obligation by dividing each obligation by the sum

12  total of all the support obligations. The court shall then

13  determine the prorated deduction amount for each support

14  obligation by multiplying the prorated percentage for each

15  support obligation by the amount of income available for

16  deduction. The court shall then order that the resultant

17  amount for each support obligation shall be deducted from the

18  obligor's income.

19         Section 3.  Section 63.181, Florida Statutes, is

20  amended to read:

21         61.181  Central depository for receiving, recording,

22  reporting, monitoring, and disbursing alimony, support,

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

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

25  a depository unless the depository is otherwise created by

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

27  1985, a different entity was established to perform such

28  functions.  The department shall, no later than July 1, 1999

29  1998, extend participation in the federal child support cost

30  reimbursement program to the central depository in each

31  county, to the maximum extent possible under existing federal

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  1  law.  The depository shall receive reimbursement for services

  2  provided under a cooperative agreement with the department as

  3  provided by federal law.

  4         (2)(a)  The depository shall impose and collect a fee

  5  on each payment made for receiving, recording, reporting,

  6  disbursing, monitoring, or handling alimony or child support

  7  payments as required under this section, which fee shall be a

  8  flat fee based, to the extent practicable, upon estimated

  9  reasonable costs of operation.  The fee shall be reduced in

10  any case in which the fixed fee results in a charge to any

11  party of an amount greater than 3 percent of the amount of any

12  support payment made in satisfaction of the amount which the

13  party is obligated to pay, except that no fee shall be less

14  than $1 nor more than $5 per payment made.  The fee shall be

15  considered by the court in determining the amount of support

16  that the obligor is, or may be, required to pay.

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

18  1999, the fee imposed in paragraph (a) shall be increased to 4

19  percent of the support payments which the party is obligated

20  to pay, except that no fee shall be more than $5.25.  The fee

21  shall be considered by the court in determining the amount of

22  support that the obligor is, or may be, required to pay.

23  Notwithstanding the provisions of s. 145.022, 75 percent of

24  the additional revenues generated by this paragraph shall be

25  remitted monthly to the Clerk of the Court Child Support

26  Enforcement Collection System Trust Fund administered by the

27  department as provided in subparagraph 2.  These funds shall

28  be used exclusively for the development, implementation, and

29  operation of an automated child support enforcement

30  collections system to be operated by the depositories.  The

31  department shall contract with the Florida Association of

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  1  Court Clerks and Comptrollers and the depositories to design,

  2  establish, operate, upgrade, and maintain the state

  3  disbursement unit and central case registry as required by

  4  federal law. That contract shall require the automation of the

  5  depositories and to include, but not be limited to, the

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

  7  IV-D agency as otherwise required by this chapter.  Each

  8  depository created under this section shall fully participate

  9  in the automated child support enforcement collection system

10  on or before July 1, 1997, and transmit data in a readable

11  format as required by the contract between the Florida

12  Association of Court Clerks and Comptrollers and the

13  department.  The department may at its discretion exempt a

14  depository from compliance with full participation in the

15  automated child support enforcement collection system.

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

17  remitted to the department by the depository shall be done

18  daily by electronic funds transfer and calculated as follows:

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

20  cents.

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

22  amount equal to 18.75 percent of the fee charged.

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

24  cents.

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

26  department shall provide the Legislature with estimates of the

27  cost of continuing the collection and maintenance of

28  information required by this act.

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

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

31

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

  2  depository.

  3         (3)(a)  The depository shall collect and distribute all

  4  support payments paid into the depository to the appropriate

  5  party. On or after July 1, 1999 1998, if a payment on a Title

  6  IV-D case is made which is not accompanied by the required

  7  transaction fee, the depository shall not deduct any moneys

  8  from the support payment for payment of the fee.  Nonpayment

  9  of the required fee shall be considered a delinquency, and

10  when the total of fees and costs which are due but not paid

11  exceeds $50, the judgment by operation of law process set

12  forth in s. 61.14(6)(a) shall become applicable and

13  operational. As part of its collection and distribution

14  functions, the depository shall maintain records listing:

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

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

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

18  number.

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

20  order.

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

22  order.

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

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

25  of the disbursement.

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

27  in the court order.

28         7.  Other records as necessary to comply with federal

29  reporting requirements.

30         (b)  The depository may require a payor or obligor to

31  complete an information form, which shall request the

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  1  following about the payor or obligor who provides payment by

  2  check:

  3         1.  Full name, address, and home phone number.

  4         2.  Driver's license number.

  5         3.  Social security number.

  6         4.  Name, address, and business phone number of

  7  obligor's employer.

  8         5.  Date of birth.

  9         6.  Weight and height.

10         7.  Such other information as may be required by the

11  State Attorney if prosecution for an insufficient check

12  becomes necessary.

13

14  If the depository requests such information, and a payor or

15  obligor does not comply, the depository may refuse to accept

16  personal checks from the payor or obligor.

17         (c)  Parties using the depository for support payments

18  shall inform the depository of changes in their names or

19  addresses. An obligor shall, additionally, notify the

20  depository of all changes in employment or sources of income,

21  including the payor's name and address, and changes in the

22  amounts of income received. Notification of all changes shall

23  be made in writing to the depository within 7 days of a

24  change.

25         (d)  When custody of a child is relinquished by a

26  custodial parent who is entitled to receive child support

27  moneys from the depository to a licensed or registered

28  long-term care child agency, that agency may request from the

29  court an order directing child support payments which would

30  otherwise be distributed to the custodial parent be

31  distributed to the agency for the period of custody of the

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  1  child by the agency.  Thereafter, payments shall be

  2  distributed to the agency as if the agency were the custodial

  3  parent until further order of the court.

  4         (4)  The depository shall provide to the IV-D agency,

  5  at least once a month, a listing of IV-D accounts which

  6  identifies all delinquent accounts, the period of delinquency,

  7  and total amount of delinquency.  The list shall be in

  8  alphabetical order by name of obligor, shall include the

  9  obligee's name and case number, and shall be provided at no

10  cost to the IV-D agency.

11         (5)  The depository shall accept a support payment

12  tendered in the form of a check drawn on the account of a

13  payor or obligor, unless the payor or obligor has previously

14  remitted a check which was returned to the depository due to

15  lack of sufficient funds in the account.  If the payor or

16  obligor has had a check returned for this reason, the

17  depository shall accept payment by cash, cashier's check, or

18  money order, or may accept a check upon deposit by the payor

19  or obligor of an amount equal to 1 month's payment.  Upon

20  payment by cash, cashier's check, or money order, the

21  depository shall disburse the proceeds to the obligee within 2

22  working days.  Payments drawn by check on the account of a

23  payor or obligor shall be disbursed within 4 working days.

24  Notwithstanding the provisions of s. 28.243, the administrator

25  of the depository shall not be personally liable if the check

26  tendered by the payor or obligor is not paid by the bank.

27         (6)  Certified copies of payment records maintained by

28  a depository shall without further proof be admitted into

29  evidence in any legal proceeding in this state.

30         (7)  The depository shall provide to the Title IV-D

31  agency the date provided by a payor, as required in s.

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  1  61.1301, for each payment received and forwarded to the

  2  agency.  If no date is provided by the payor, the depository

  3  shall provide the date of receipt by the depository and shall

  4  report to the Title IV-D agency those payors who fail to

  5  provide the date the deduction was made.

  6         (8)  On or before July 1, 1994, the depository shall

  7  provide information required by this chapter to be transmitted

  8  to the Title IV-D agency by on-line electronic transmission

  9  pursuant to rules promulgated by the Title IV-D agency.

10         (9)  If the increase in fees as provided by paragraph

11  (2)(b) expires or is otherwise terminated, the depository

12  shall not be required to provide the Title IV-D agency the

13  date provided by a payor as required by s. 61.1301.

14         (10)  Compliance with the requirements of this section

15  shall be included as part of the annual county audit required

16  pursuant to s. 11.45.

17         (11)  The Office of Program Policy Analysis and

18  Government Accountability shall conduct a program audit of the

19  central child support enforcement depositories operating

20  pursuant to this section.  This audit shall include, but not

21  be limited to, an analysis of current and pending federal

22  requirements for the child support enforcement depository and

23  a review of the adequacy of the present depository and funds

24  distribution system to meet those requirements; a cost

25  analysis of the current system; and a review of all

26  strategies, including federal reimbursement, distribution of

27  funds by the local depository, and privatization, to increase

28  efficiency in payment processing.  The audit must be completed

29  and a report must be submitted to the Senate and the House of

30  Representatives before December 1, 1996.  This subsection

31

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  1  shall not affect the implementation of any other parts of this

  2  section.

  3         (12)  The Office of Program Policy Analysis and

  4  Government Accountability is directed to evaluate the Dade

  5  County Child Support Enforcement demonstration project

  6  administered by the state attorney for the eleventh judicial

  7  circuit, and the Manatee County Child Support Enforcement

  8  demonstration project administered by the clerk of the circuit

  9  court.  The office shall report its findings to the Governor,

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

11  Representatives, no later than January 1, 1999.

12         Section 4.  Paragraph (a) of subsection (1) and

13  subsections (8) and (17) of section 61.30, Florida Statutes,

14  are amended to read:

15         61.30  Child Support guidelines; retroactive child

16  support.--

17         (1)(a)  The child support guideline amount as

18  determined by this section presumptively establishes the

19  amount the trier of fact shall order as child support in an

20  initial proceeding for such support or in a proceeding for

21  modification of an existing order for such support, whether

22  the proceeding arises under this or another chapter.  The

23  trier of fact may order payment of child support which varies,

24  plus or minus 5 percent, from the guideline amount, after

25  considering all relevant factors, including the needs of the

26  child or children, age, station in life, standard of living,

27  and the financial status and ability of each parent.  The

28  trier of fact may order payment of child support in an amount

29  which varies more than 5 percent from such guideline amount

30  only upon a written finding, or a specific finding on the

31

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  1  record, explaining why ordering payment of such guideline

  2  amount would be unjust or inappropriate.

  3         (8)  Health insurance costs resulting from coverage

  4  ordered pursuant to s. 61.13(1)(b), and any noncovered

  5  medical, dental, and prescription medication expenses of the

  6  child, shall be added to the basic obligation unless these

  7  expenses have been ordered to be separately paid on a

  8  percentage basis. After the health insurance costs are added

  9  to the basic obligation, any moneys prepaid by the

10  noncustodial parent for health-related costs health insurance

11  for the child or children of this action shall be deducted

12  from that noncustodial parent's child support obligation for

13  that child or those children.

14         (17)  In an initial determination of child support,

15  whether in a paternity action, dissolution of marriage action,

16  or petition for support during the marriage, the court has

17  discretion to award child support retroactive to the date when

18  the parents did not reside together in the same household with

19  the child, not to exceed a period of 24 months, regardless of

20  whether that date precedes the filing of the petition.  In

21  determining the retroactive award in such cases, the court

22  shall consider the following:

23         (a)  The court shall apply the guidelines in effect at

24  the time of the hearing subject to the obligor's demonstration

25  of his or her actual income, as defined by s. 61.30(2), during

26  the retroactive period.  Failure of the obligor to so

27  demonstrate, shall result in the court using the obligor's

28  income at the time of the hearing, in computing child support

29  for the retroactive period.

30         (b)  All actual payments made by the noncustodial

31  parent to the custodial parent or the child or third parties

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  1  for the benefit of the child throughout the proposed

  2  retroactive period.

  3         (c)  The court should consider an installment payment

  4  plan for the payment of retroactive child support.

  5         Section 5.  Subsection (4) of section 69.041, Florida

  6  Statutes, is amended to read:

  7         69.041  State named party; lien foreclosure, suit to

  8  quiet title.--

  9         (4)(a)  The Department of Revenue has the right to

10  participate in the disbursement of funds remaining in the

11  registry of the court after distribution pursuant to s.

12  45.031(7). The department shall participate in accordance with

13  applicable procedures in any mortgage foreclosure action in

14  which the department has a duly filed tax warrant, or

15  interests under a lien arising from a judgment, order, or

16  decree for child support, against the subject property and

17  with the same priority, regardless of whether a default

18  against the department has been entered for failure to file an

19  answer or other responsive pleading.

20         (b)  With respect to a duly filed tax warrant,

21  paragraph (a) applies only to mortgage foreclosure actions

22  initiated on or after July 1, 1994, and to those mortgage

23  foreclosure actions initiated before July 1, 1994, in which no

24  default has been entered against the Department of Revenue

25  before July 1, 1994. With respect to mortgage foreclosure

26  actions initiated based upon interests under a lien arising

27  from a judgment, order, or decree for child support, paragraph

28  (a) applies only to mortgage foreclosure actions initiated on

29  or after July 1, 1998, and to those mortgage foreclosure

30  actions initiated before July 1, 1998, in which no default has

31

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  1  been entered against the Department of Revenue before July 1,

  2  1998.

  3         Section 6.  Subsection (4) of section 319.24, Florida

  4  Statutes, is amended to read:

  5         319.24  Issuance in duplicate; delivery; liens and

  6  encumbrances.--

  7         (4)  If the owner of the motor vehicle or mobile home,

  8  as shown on the title certificate, or the director of the

  9  state child support enforcement program, or the director's

10  designee, desires to place a second or subsequent lien or

11  encumbrance against the motor vehicle or mobile home when the

12  title certificate is in the possession of the first

13  lienholder, the owner shall send a written request to the

14  first lienholder by certified mail, and such first lienholder

15  shall forward the certificate to the department for

16  endorsement. If the title certificate is in the possession of

17  the owner, the owner shall forward the certificate to the

18  department for endorsement. The department shall return the

19  certificate to either the first lienholder or to the owner, as

20  indicated in the notice of lien filed by the first lienholder,

21  after endorsing the second or subsequent lien on the

22  certificate and on the duplicate. If the first lienholder or

23  owner fails, neglects, or refuses to forward the certificate

24  of title to the department within 10 days from the date of the

25  owner's or the director's or designee's request, the

26  department, on the written request of the subsequent

27  lienholder or an assignee thereof, shall demand of the first

28  lienholder the return of such certificate for the notation of

29  the second or subsequent lien or encumbrance.

30

31

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  1         Section 7.  Present subsection (4) of section 319.32,

  2  Florida Statutes, is renumbered as subsection (5), and a new

  3  subsection (4) is added to that section to read:

  4         319.32  Fees; service charges; disposition.--

  5         (4)  The department shall charge a fee of $7 for each

  6  lien placed on a motor vehicle by the state child support

  7  enforcement program pursuant to s. 319.24.

  8         Section 8.  Subsection (2) of section 372.561, Florida

  9  Statutes, is amended to read:

10         372.561  Issuance of licenses to take wild animal life

11  or freshwater aquatic life; costs; reporting.--

12         (2)  The commission shall issue licenses and permits to

13  take wild animal life or freshwater aquatic life upon proof by

14  the applicant for licensure that she or he is entitled to such

15  license or permit.  The commission shall establish the forms

16  for such licenses and permits. Each applicant for a license,

17  permit, or authorization shall provide the applicant's social

18  security number on the application form. Disclosure of social

19  security numbers obtained through this requirement shall be

20  limited to the purpose of administration of the Title IV-D

21  program for child support enforcement and use by the

22  commission, and as otherwise provided by law.

23         Section 9.  Section 372.57, Florida Statutes, is

24  amended to read:

25         372.57  Licenses and permits; exemptions; fees.--No

26  person, except as provided herein, shall take game, freshwater

27  fish, or fur-bearing animals within this state without having

28  first obtained a license, permit, or authorization and paid

29  the fees hereinafter set forth, unless such license is issued

30  without fee as provided in s. 372.561. Such license, permit,

31  or authorization shall authorize the person to whom it is

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  1  issued to take game, freshwater fish, or fur-bearing animals

  2  in accordance with law and commission rules. Such license,

  3  permit, or authorization is not transferable.  Each license or

  4  permit must bear on its face in indelible ink the name of the

  5  person to whom it is issued and other information requested by

  6  the commission.  Such license, permit, or authorization issued

  7  by the commission or any agent must be in the personal

  8  possession of the person to whom issued while taking game,

  9  freshwater fish, or fur-bearing animals. The failure of such

10  person to exhibit such license, permit, or authorization to

11  the commission or its wildlife officers, when such person is

12  found taking game, freshwater fish, or fur-bearing animals, is

13  a violation of law.  A positive form of identification is

14  required when using an authorization, a lifetime license, a

15  5-year license, or when otherwise required by the license or

16  permit.  The lifetime licenses and 5-year licenses provided

17  herein shall be embossed with the name, date of birth, the

18  date of issuance, and other pertinent information as deemed

19  necessary by the commission.  A certified copy of the

20  applicant's birth certificate shall accompany all applications

21  for a lifetime license for residents 12 years of age and

22  younger. Each applicant for a license, permit, or

23  authorization shall provide the applicant's social security

24  number on the application form. Disclosure of social security

25  numbers obtained through this requirement shall be limited to

26  the purpose of administration of the Title IV-D child support

27  enforcement program and use by the commission, and as

28  otherwise provided by law.

29         (1)  A license or permit is not required for:

30         (a)  Any child under 16 years of age except as

31  otherwise provided in this chapter.

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  1         (b)  Any person hunting or fishing in the person's

  2  county of residence on the person's homestead or the homestead

  3  of the person's spouse or minor child, or any minor child

  4  hunting or fishing on the homestead of her or his parent.

  5         (c)  Any resident who is a member of the Armed Forces

  6  of the United States, who is not stationed in this state, when

  7  home on leave for 30 days or less, upon submission of orders.

  8         (d)  Any resident when fishing with live or natural

  9  bait, using poles or lines which are not equipped with a

10  fishing line retrieval mechanism, and fishing for

11  noncommercial purposes in the county of her or his residence,

12  except on legally established fish management areas.  This

13  paragraph, as amended by chapter 76-156, Laws of Florida, may

14  be cited as the "Dempsey J. Barron, W. D. Childers, and Joe

15  Kershaw Cane Pole Tax Repeal Act of 1976."

16         (e)  Any person fishing in a fish pond of 20 acres or

17  less which is located entirely within the private property of

18  the fish pond owner.

19         (f)  Any person fishing in a fish pond which is

20  licensed in accordance with s. 372.5705.

21         (g)  Any person fishing who has been accepted as a

22  client for developmental services by the Department of Health

23  and Rehabilitative Services, which department shall furnish

24  such person proof thereof.

25         (h)  Any resident 65 years of age or older who has in

26  her or his possession proof of age and residency.  A free

27  license may be obtained from any tax collector's office upon

28  proof of age and residency.

29         (2)  For residents and nonresidents, the license and

30  fees for noncommercial fishing and for hunting and trapping in

31

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  1  this state, and the activity authorized thereby, are as

  2  follows:

  3         (a)  A fishing license for a resident to take

  4  freshwater fish in this state is $12.

  5         (b)1.  A fishing license for a nonresident to take

  6  freshwater fish in this state for 7 consecutive days is $15.

  7         2.  A fishing license for a nonresident to take

  8  freshwater fish for 3 consecutive days is $5.

  9         (c)  A fishing license for a nonresident to take

10  freshwater fish in this state is $30.

11         (d)  A combination fishing and hunting license for a

12  resident to take freshwater fish and game in this state is

13  $22.

14         (e)  A hunting license for a resident to take game in

15  this state is $11.

16         (f)  A hunting license for a nonresident to take game

17  in this state is $150.

18         (g)  A hunting license for a nonresident to take game

19  in this state for 10 consecutive days is $25.

20         (h)  A license for a resident and nonresident to take

21  fur-bearing animals in this state is $25.

22         (i)  A sportsman's license for a resident is $66. The

23  sportsman's license authorizes the holder to take freshwater

24  fish and game, subject to state and federal regulations and

25  rules of the commission in effect at the time of taking, and

26  authorizes the same activities authorized by a management area

27  permit, a muzzle-loading gun permit, a turkey permit, a

28  Florida waterfowl permit, and an archery permit.  A

29  nonresident may not purchase a sportsman's license.

30         (3)  A resident or nonresident taking fur-bearing

31  animals by the use of guns or dogs only and not by the use of

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  1  traps or other devices, and not for commercial purposes, who

  2  has purchased the license provided for hunting in this

  3  section, received a no-cost license, or is exempt from the

  4  license requirements of this chapter is not required to

  5  purchase the license provided in paragraph (2)(h).  A resident

  6  who is age 65 or older is not required to purchase the license

  7  provided in paragraph (2)(h).

  8         (4)  In addition to any license required by this

  9  chapter, the following permits and fees for certain hunting,

10  fishing, and recreational uses, and the activities authorized

11  thereby, are:

12         (a)  A Florida waterfowl permit to take wild ducks or

13  geese within this state or its coastal waters is $3.

14         (b)  Management area permits to hunt, fish, or

15  otherwise use for outdoor recreational purposes, land owned,

16  leased, or managed by the commission or the State of Florida

17  for the use and benefit of the commission, up to $25 annually.

18  Permits, and fees thereof, for short-term use of land which is

19  owned, leased, or managed by the commission may be established

20  by rule of the commission for any activity on such lands.

21  Such permits and fees may be in lieu of or in addition to the

22  annual management area permit. Other than for hunting or

23  fishing, the provisions of this paragraph shall not apply on

24  any lands not owned by the commission, unless the commission

25  shall have obtained the written consent of the owner or

26  primary custodian of such lands.

27         (c)  A muzzle-loading gun permit to hunt within this

28  state with a muzzle-loading gun during those game seasons in

29  which hunting with a modern firearm is not allowed is $5.

30

31

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  1         (d)  An archery permit to hunt within this state with a

  2  bow and arrow during those game seasons in which hunting with

  3  a firearm is not allowed is $5.

  4         (e)  A Florida turkey permit to take wild turkeys

  5  within this state is $5.

  6         (f)  A special use permit for limited entry hunting or

  7  fishing, where such hunting or fishing is authorized by

  8  commission rule, shall be up to $100 per day but shall not

  9  exceed $250 per week.  In addition to the fee, the commission

10  may charge each applicant for a special use permit a

11  nonrefundable application fee of up to $10.

12         (5)  The commission is authorized to reduce the fees

13  for licenses and permits under this section for residents of

14  those states with which the commission has entered into

15  reciprocal agreements with respect to such fees.

16         (6)  The commission may designate by rule no more than

17  2 consecutive or nonconsecutive days in each year as free

18  fishing days. Notwithstanding any other provision of this

19  chapter, any person may take freshwater fish for noncommercial

20  purposes on a free fishing day without obtaining or possessing

21  a license or paying a license fee as prescribed in this

22  section.  A person who takes freshwater fish on a free fishing

23  day without obtaining a license or paying a fee must comply

24  with all laws and regulations governing holders of a fishing

25  license and all other conditions and limitations regulating

26  the taking of freshwater fish as are imposed by law or rule.

27         (7)  A resident lifetime sportsman's license authorizes

28  the holder to engage in the following noncommercial

29  activities:

30         (a)  To take or attempt to take or possess freshwater

31  fish, marine fish, and game, consistent with state and federal

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  1  regulations and rules of the commission and the Department of

  2  Environmental Protection in effect at the time of taking.

  3         (b)  All activities authorized by a management area

  4  permit, a muzzle-loading gun permit, a turkey permit, an

  5  archery permit, a Florida waterfowl permit, a snook permit,

  6  and a crawfish permit.

  7         (c)  All activities for which an additional license,

  8  permit, or fee may be required to take or attempt to take or

  9  possess freshwater fish, marine fish, and game, imposed

10  subsequent to the date of purchase of the resident lifetime

11  sportsman's license.

12         (8)  The fee for a resident lifetime sportsman's

13  license is:

14         (a)  4 years of age or younger.....................$400

15         (b)  5-12 years of age.............................$700

16         (c)  13-63 years of age or older.................$1,000

17         (d)  64 years of age or older.......................$12

18         (9)  A resident lifetime hunting license authorizes the

19  holder to engage in the following noncommercial activities:

20         (a)  To take or attempt to take or possess game

21  consistent with state and federal regulations and rules of the

22  commission in effect at the time of taking.

23         (b)  All activities authorized by a management area

24  permit, excluding fishing, a muzzle-loading gun permit, a

25  turkey permit, an archery permit, and a Florida waterfowl

26  permit.

27         (c)  All activities for which an additional license,

28  permit, or fee may be required to take or attempt to take or

29  possess game, imposed subsequent to the date of purchase of

30  the resident lifetime hunting license.

31

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  1         (10)  The fee for a resident lifetime hunting license

  2  shall be:

  3         (a)  4 years of age or younger.....................$200

  4         (b)  5-12 years of age.............................$350

  5         (c)  13 years of age or older......................$500

  6         (11)  A resident lifetime freshwater fishing license

  7  authorizes the holder to engage in the following noncommercial

  8  activities:

  9         (a)  To take or attempt to take or possess freshwater

10  fish consistent with state and federal regulations and rules

11  of the commission in effect at the time of taking.

12         (b)  All activities authorized by a management area

13  permit, excluding hunting.

14         (c)  All activities for which an additional license,

15  permit, or fee may be required to take or attempt to take or

16  possess freshwater fish, imposed subsequent to the date of

17  purchase of the resident lifetime freshwater fishing license.

18         (12)  The fee for a resident lifetime freshwater

19  fishing license shall be:

20         (a)  4 years of age or younger.....................$125

21         (b)  5-12 years of age.............................$225

22         (c)  13 years of age or older......................$300

23         (13)  Fees collected pursuant to s. 370.0605(2) for

24  5-year saltwater fishing licenses, fees collected pursuant to

25  s. 370.0605(5)(e) for replacement 5-year and lifetime

26  licenses, fees collected pursuant to s. 370.0615 for lifetime

27  saltwater fishing licenses and 30 percent of the fee for the

28  lifetime sportsman's license shall be transferred within 30

29  days following the last day of the month in which the license

30  fees were received by the commission to the Marine Resources

31  Conservation Trust Fund.

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  1         (14)  The following 5-year licenses are authorized:

  2         (a)  A 5-year freshwater fishing license for a resident

  3  to take or attempt to take or possess freshwater fish in this

  4  state for 5 consecutive years is $60 and authorizes the holder

  5  to engage in the following noncommercial activities:

  6         1.  To take or attempt to take or possess freshwater

  7  fish consistent with state and federal regulations and rules

  8  of the commission in effect at the time of taking.

  9         2.  All activities authorized by a management area

10  permit, excluding hunting.

11         3.  All activities for which an additional license,

12  permit, or fee is required to take or attempt to take or

13  possess freshwater fish, imposed subsequent to the date of

14  purchase of the 5-year resident freshwater fishing license

15  until the date of expiration.

16         (b)  A 5-year hunting license for a resident to take or

17  attempt to take or possess game in this state for 5

18  consecutive years is $270 and authorizes the holder to engage

19  in the following noncommercial activities:

20         1.  To take or attempt to take or possess game

21  consistent with state and federal regulations and rules of the

22  commission in effect at the time of taking.

23         2.  All activities authorized by a management area

24  permit, excluding fishing, a muzzle-loading gun permit, a

25  turkey permit, an archery permit, and a Florida waterfowl

26  permit.

27         3.  All activities for which an additional license,

28  permit, or fee may be required to take or attempt to take or

29  possess game, imposed subsequent to the date of purchase of

30  the 5-year resident hunting license until the date of

31  expiration.

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  1         (15)  Proceeds from the sale of 5-year licenses as

  2  provided in this chapter shall be deposited into the Dedicated

  3  License Trust Fund. One-fifth of the total proceeds derived

  4  from the sale of 5-year licenses, replacement 5-year licenses,

  5  and all interest derived therefrom shall be available for

  6  appropriation annually.

  7         Section 10.  Subsection (1) of section 382.008, Florida

  8  Statutes, is amended to read:

  9         382.008  Death and fetal death registration.--

10         (1)  A certificate for each death and fetal death which

11  occurs in this state shall be filed on a form prescribed by

12  the department with the local registrar of the district in

13  which the death occurred within 5 days after such death and

14  prior to final disposition, and shall be registered by such

15  registrar if it has been completed and filed in accordance

16  with this chapter or adopted rules. The certificate shall

17  include the decedent's social security number, if available.

18  Disclosure of social security numbers obtained through this

19  requirement shall be limited to the purpose of administration

20  of the Title IV-D program for child support enforcement and as

21  otherwise provided by law. In addition, each certificate of

22  death or fetal death:

23         (a)  If requested by the informant, shall include

24  aliases or "also known as" (AKA) names of a decedent in

25  addition to the decedent's name of record.  Aliases shall be

26  entered on the face of the death certificate in the space

27  provided for name if there is sufficient space.  If there is

28  not sufficient space, aliases may be recorded on the back of

29  the certificate and shall be considered part of the official

30  record of death;

31

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  1         (b)  If the place of death is unknown, shall be

  2  registered in the registration district in which the dead body

  3  or fetus is found within 5 days after such occurrence; and

  4         (c)  If death occurs in a moving conveyance, shall be

  5  registered in the registration district in which the dead body

  6  was first removed from such conveyance.

  7         Section 11.  Section 382.013, Florida Statutes, is

  8  amended to read:

  9         382.013  Birth registration.--A certificate for each

10  live birth that occurs in this state shall be filed within 5

11  days after such birth with the local registrar of the district

12  in which the birth occurred and shall be registered by the

13  local registrar if the certificate has been completed and

14  filed in accordance with this chapter and adopted rules. The

15  information regarding registered births shall be used for

16  comparison with information in the state case registry, as

17  defined in chapter 61.

18         (1)  FILING.--

19         (a)  If a birth occurs in a hospital, birth center, or

20  other health care facility, or en route thereto, the person in

21  charge of the facility shall be responsible for preparing the

22  certificate, certifying the facts of the birth, and filing the

23  certificate with the local registrar.  Within 48 hours after

24  the birth, the physician, midwife, or person in attendance

25  during or immediately after the delivery shall provide the

26  facility with the medical information required by the birth

27  certificate.

28         (b)  If a birth occurs outside a facility and the child

29  is not taken to the facility within 3 days after delivery, the

30  certificate shall be prepared and filed by one of the

31  following persons in the indicated order of priority:

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  1         1.  The physician or midwife in attendance during or

  2  immediately after the birth.

  3         2.  In the absence of persons described in subparagraph

  4  1., any other person in attendance during or immediately after

  5  the birth.

  6         3.  In the absence of persons described in subparagraph

  7  2., the father or mother.

  8         4.  In the absence of the father and the inability of

  9  the mother, the person in charge of the premises where the

10  birth occurred.

11         (c)  If a birth occurs in a moving conveyance and the

12  child is first removed from the conveyance in this state, the

13  birth shall be filed and registered in this state and the

14  place to which the child is first removed shall be considered

15  the place of birth.

16         (d)  At least one of the parents of the child shall

17  attest to the accuracy of the personal data entered on the

18  certificate in time to permit the timely registration of the

19  certificate.

20         (e)  If a certificate of live birth is incomplete, the

21  local registrar shall immediately notify the health care

22  facility or person filing the certificate and shall require

23  the completion of the missing items of information if they can

24  be obtained prior to issuing certified copies of the birth

25  certificate.

26         (f)  Regardless of any plan to place a child for

27  adoption after birth, the information on the birth certificate

28  as required by this section must be as to the child's birth

29  parents unless and until an application for a new birth record

30  is made under s. 63.152.

31         (2)  PATERNITY.--

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  1         (a)  If the mother is married at the time of birth, the

  2  name of the husband shall be entered on the birth certificate

  3  as the father of the child, unless paternity has been

  4  determined otherwise by a court of competent jurisdiction.

  5         (b)  If the husband of the mother dies while the mother

  6  is pregnant but before the birth of the child, the name of the

  7  deceased husband shall be entered on the birth certificate as

  8  the father of the child, unless paternity has been determined

  9  otherwise by a court of competent jurisdiction.

10         (c)  If the mother is not married at the time of birth,

11  the name of the father may not be entered on the birth

12  certificate without the execution of a consenting affidavit

13  signed by both the mother and the person to be named as the

14  father.  After giving notice orally or through the use of

15  video or audio equipment, and in writing, of the alternatives

16  to, the legal consequences of, and the rights, including, if

17  one parent is a minor, any rights afforded due to minority

18  status, and responsibilities that arise from signing an

19  acknowledgment of paternity, the facility shall provide the

20  mother and the person to be named as the father with the

21  affidavit, as well as information provided by the Title IV-D

22  agency established pursuant to s. 409.2557, regarding the

23  benefits of voluntary establishment of paternity.  Upon

24  request of the mother and the person to be named as the

25  father, the facility shall assist in the execution of the

26  affidavit.

27         (d)  If the paternity of the child is determined by a

28  court of competent jurisdiction as provided under s. 382.015,

29  the name of the father and the surname of the child shall be

30  entered on the certificate in accordance with the finding and

31  order of the court.  If the court fails to specify a surname

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  1  for the child, the surname shall be entered in accordance with

  2  subsection (3).

  3         (e)  If the father is not named on the certificate, no

  4  other information about the father shall be entered on the

  5  certificate.

  6         (3)  NAME OF CHILD.--

  7         (a)  If the mother is married at the time of birth, the

  8  mother and father whose names are entered on the birth

  9  certificate shall select the given names and surname of the

10  child if both parents have custody of the child, otherwise the

11  parent who has custody shall select the child's name.

12         (b)  If the mother and father whose names are entered

13  on the birth certificate disagree on the surname of the child

14  and both parents have custody of the child, the surname

15  selected by the father and the surname selected by the mother

16  shall both be entered on the birth certificate, separated by a

17  hyphen, with the selected names entered in alphabetical order.

18  If the parents disagree on the selection of a given name, the

19  given name may not be entered on the certificate until a joint

20  agreement that lists the agreed upon given name and is

21  notarized by both parents is submitted to the department, or

22  until a given name is selected by a court.

23         (c)  If the mother is not married at the time of birth,

24  the parent person who will have custody of the child shall

25  select the child's given name and surname.

26         (d)  If multiple names of the child exceed the space

27  provided on the face of the birth certificate they shall be

28  listed on the back of the certificate.  Names listed on the

29  back of the certificate shall be part of the official record.

30         (e)  Unless the child is of undetermined parentage

31  under subsection (4), the child's given surname or, if the

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  1  child's given surname is hyphenated, one of the names in that

  2  hyphenated surname must be the surname of the child's mother

  3  or the child's father as entered on the birth certificate

  4  under subsection (2).

  5         (4)  UNDETERMINED PARENTAGE.--A birth certificate shall

  6  be registered for every child of undetermined parentage

  7  showing all known or approximate facts relating to the birth.

  8  To assist in later determination, information concerning the

  9  place and circumstances under which the child was found shall

10  be included on the portion of the birth certificate relating

11  to marital status and medical details.  In the event the child

12  is later identified to the satisfaction of the department, a

13  new birth certificate shall be prepared which shall bear the

14  same number as the original birth certificate, and the

15  original certificate shall be sealed and filed, shall be

16  confidential and exempt from the provisions of s. 119.07(1),

17  and shall not be opened to inspection by, nor shall certified

18  copies of the same be issued except by court order to, any

19  person other than the registrant if of legal age.

20         (5)  DISCLOSURE.--The original certificate of live

21  birth shall contain all the information required by the

22  department for legal, social, and health research purposes.

23  However, all information concerning parentage, marital status,

24  and medical details shall be confidential and exempt from the

25  provisions of s. 119.07(1), except for health research

26  purposes as approved by the department, nor shall copies of

27  the same be issued except as provided in s. 382.025.

28         Section 12.  Subsection (3) is added to section

29  409.2557, Florida Statutes, to read:

30         409.2557  State agency for administering child support

31  enforcement program.--

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  1         (3)  The department has the authority to adopt rules

  2  pursuant to ss. 120.54 and 120.536(1) to implement the

  3  following aspects of the laws administered by the department

  4  in its capacity as the Title IV-D agency for this state:

  5         (a)  Background screening of department employees and

  6  applicants, including criminal records checks.

  7         (b)  Confidentiality and retention of department

  8  records; access to records; and record requests.

  9         (c)  Department trust funds.

10         (d)  Federal funding procedures.

11         (e)  Agreements with law enforcement and other state

12  agencies; National Crime Information Center (NCIC) access; and

13  parent locator service access.

14         (f)  Department contracts, pilot programs, and

15  demonstration projects.

16         (g)  Collection of genetic testing costs and other

17  costs awarded to the department by the court.

18         (h)  Reporting information to and receiving information

19  from other agencies and entities.

20         (i)  Providing location services, including accessing

21  from and reporting to federal and state agencies.

22         (j)  Privatizing location, establishment, enforcement,

23  modification, and other functions.

24         (k)  State case registry.

25         (l)  State disbursement unit.

26         Section 13.  Section 409.2558, Florida Statutes, is

27  created to read:

28         409.2558  Child support distribution and

29  disbursement.--The department shall distribute and disburse

30  child support payments collected in Title IV-D cases in

31  accordance with 42 U.S.C. s. 657 and regulations adopted

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  1  thereunder by the Secretary of the United States Department of

  2  Health and Human Services through the state disbursement unit

  3  established by the department under s. 409.2559.

  4         Section 14.  Section 409.2559, Florida Statutes, is

  5  created to read:

  6         409.2559  State disbursement unit.--The department

  7  shall establish and operate a state disbursement unit by

  8  October 1, 1999, as required by 42 U.S.C. s. 654(27).

  9         Section 15.  Section 409.2561, Florida Statutes, is

10  amended to read:

11         409.2561  Child support obligations when public

12  assistance is paid Public assistance payments; reimbursement

13  of obligation to department; assignment of rights;

14  subrogation; medical and health insurance information.--

15         (1)  Any payment of public assistance money made to, or

16  for the benefit of, any dependent child creates an obligation

17  in an amount equal to the amount of public assistance paid. In

18  accordance with 42 U.S.C. s. 657, the state shall retain

19  amounts collected only to the extent necessary to reimburse

20  amounts paid to the family as assistance by the state. If

21  there has been a prior court order or final judgment of

22  dissolution of marriage establishing an obligation of support,

23  the obligation is limited to the amount provided by such court

24  order or decree pursuant to the applicable child support

25  guidelines in s. 61.30. The obligor shall discharge the

26  reimbursement obligation. If the obligor fails to discharge

27  the reimbursement obligation, the department may apply for a

28  contempt order to enforce reimbursement for support furnished.

29  The extraordinary remedy of contempt is applicable in child

30  support enforcement cases because of the public necessity for

31  ensuring that dependent children be maintained from the

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  1  resources of their parents, thereby relieving, at least in

  2  part, the burden presently borne by the general citizenry

  3  through the public assistance program. If there is no prior

  4  court order establishing an obligation of support, the court

  5  shall establish the liability of the obligor, if any, for

  6  reimbursement of public assistance moneys paid, by applying

  7  the child support guidelines in s. 61.30 for the public

  8  assistance period. Priority shall be given to establishing

  9  continuing reasonable support for the dependent child. The

10  department may apply for modification of a court order on the

11  same grounds as either party to the cause and shall have the

12  right to settle and compromise actions brought pursuant to

13  law.

14         (2)(a)  By accepting public assistance, the recipient

15  assigns to the department any right, title, and interest to

16  support the recipient may be owed:

17         1.  From any other person up to the amount of public

18  assistance paid where no court order has been entered, or

19  where there is a court order it is limited to the amount

20  provided by such court order;

21         2.  On the recipient's own behalf or in behalf of

22  another family member for whom the recipient is receiving

23  assistance; and

24         3.  At the time that the assignment becomes effective

25  by operation of law.

26         (b)  The recipient appoints the department as her or

27  his attorney in fact to act in her or his name, place, and

28  stead to perform specific acts relating to support, including,

29  but not limited to:

30         1.  Endorsing any draft, check, money order, or other

31  negotiable instrument representing support payments which are

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  1  received on behalf of the dependent child as reimbursement for

  2  the public assistance moneys previously or currently paid;

  3         2.  Compromising claims;

  4         3.  Pursuing civil and criminal enforcement of support

  5  obligations; and

  6         4.  Executing verified complaints for the purpose of

  7  instituting an action for the determination of paternity of a

  8  child born, or to be born, out of wedlock.

  9         (3)  The department shall be subrogated to the right of

10  the dependent child or person having the care, custody, and

11  control of the child to prosecute or maintain any support

12  action or action to determine paternity or execute any legal,

13  equitable, or administrative remedy existing under the laws of

14  the state to obtain reimbursement of public assistance paid,

15  being paid, or to be paid.

16         (4)  No obligation of support under this section shall

17  be incurred by any person who is the recipient of public

18  assistance moneys for the benefit of a dependent child or who

19  is incapacitated and financially unable to pay as determined

20  by the department.

21         (5)  With respect to cases for which there is an

22  assignment in effect pursuant to this section:

23         (a)  The IV-D agency shall obtain basic medical support

24  information for Medicaid recipients and applicants for

25  Medicaid and provide this information to the state Medicaid

26  agency for third-party liability purposes.

27         (b)  When the obligor receives health insurance

28  coverage for the dependent child, the IV-D agency shall

29  provide health insurance policy information, including any

30  information available about the health insurance policy which

31  would permit a claim to be filed or, in the case of a health

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  1  maintenance or preferred provider organization, service to be

  2  provided, to the state Medicaid agency.

  3         (c)  The state Medicaid agency, upon receipt of the

  4  health coverage information from the IV-D agency, shall notify

  5  the obligor's insuring entity that the Medicaid agency must be

  6  notified within 30 days when such coverage is discontinued.

  7         (d)  Entities providing health insurance as defined in

  8  s. 624.603 and health maintenance organizations and prepaid

  9  health clinics as defined in chapter 641 shall provide such

10  records and information as is necessary to accomplish the

11  purpose of this subsection, unless such requirement results in

12  an unreasonable burden.

13         (e)  The executive director of the department and the

14  commissioner of the Department of Insurance shall enter into a

15  cooperative agreement for requesting and obtaining information

16  necessary to effect the purpose and objectives of this

17  subsection:

18         1.  The department shall only request that information

19  necessary to determine whether health insurance as defined

20  pursuant to s. 624.603 or those health services provided

21  pursuant to chapter 641 is discontinued.

22         2.  All information obtained pursuant to subparagraph

23  1. is confidential and exempt from the provisions of s.

24  119.07(1).

25         3.  The cooperative agreement or rules promulgated

26  hereunder may include financial arrangements to reimburse the

27  reporting entities for reasonable costs or a portion thereof

28  incurred in furnishing the requested information. Neither the

29  cooperative agreement nor the rules shall require the

30  automation of manual processes to provide the requested

31  information.

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  1         4.  The department and the Department of Insurance

  2  jointly shall promulgate rules for the development and

  3  administration of the cooperative agreement. The rules shall

  4  include the following:

  5         a.  A method for identifying those entities subject to

  6  furnishing information under the cooperative agreement;

  7         b.  A method for furnishing requested information; and

  8         c.  Procedures for requesting exemption from the

  9  cooperative agreement based on an unreasonable burden to the

10  reporting entity.

11         (f)  Upon the state Medicaid agency receiving notice

12  from the obligor's insuring entity that the coverage is

13  discontinued due to cancellation or other means, the Medicaid

14  agency shall notify the IV-D agency of such discontinuance and

15  the effective date. When appropriate, the IV-D agency shall

16  then take action to bring the obligor before the court for

17  enforcement.

18         Section 16.  Subsections (8) and (9) of section

19  409.2564, Florida Statutes, are amended to read:

20         409.2564  Actions for support.--

21         (8)  The director of the Title IV-D agency, or the

22  director's designee, is authorized to subpoena from any person

23  financial and other information from any person necessary to

24  establish, modify, or enforce a child support order. The

25  agency is authorized to impose a fine for failure to comply

26  with the subpoena.

27         (a)  For the purpose of any investigation under this

28  chapter, any designated employee may administer oaths or

29  affirmations, subpoena witnesses and compel their attendance,

30  take evidence and require the production of any matter which

31  is relevant to the child support enforcement investigation,

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  1  including the existence, description, nature, custody,

  2  condition, and location of any books, documents, or other

  3  tangible things and the identity and location of persons

  4  having knowledge of relevant facts or any other matter

  5  reasonably calculated to lead to the discovery of material

  6  evidence.

  7         (b)  Prior to making application to the court for an

  8  order compelling compliance with a subpoena imposition of a

  9  fine, the department shall issue a written notification of

10  noncompliance.  Failure to comply within 15 days after of

11  receipt of the written notification without good cause may

12  result in the agency taking the following actions:

13         1.  Imposition of an administrative fine of not more

14  than $500;

15         2.  The application by the Title IV-D agency to the

16  circuit court for an order compelling compliance with the

17  subpoena.  The person who is determined to be in noncompliance

18  with the subpoena shall be liable for reasonable attorney's

19  fees and costs associated with the department bringing this

20  action upon showing by the department that the person failed

21  to comply with the request without good cause.

22         (c)  All fines collected pursuant to this section shall

23  be made payable to the Child Support Enforcement Application

24  Fee and Program Revenue Trust Fund.

25         (9)  In cases in which support is subject to an

26  assignment as provided under 45 C.F.R. s. 301.1 required under

27  s. 409.2561(2), the Title IV-D agency shall, upon providing

28  notice to the obligor and obligee, direct the obligor or other

29  payor to change the payee to the appropriate depository.

30         Section 17.  Section 409.25641, Florida Statutes, is

31  amended to read:

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  1         409.25641  Procedures for processing automated

  2  administrative interstate enforcement requests.--

  3         (1)  The Title IV-D agency shall use automated

  4  administrative enforcement in response to a request from

  5  another state to enforce a support order and shall promptly

  6  report the results of enforcement action to the requesting

  7  state. "Automated administrative enforcement" means the use of

  8  automated data processing to search state databases and

  9  determine whether information is available regarding the

10  parent who owes a child support obligation. The Title IV-D

11  agency shall respond within 5 business days to a request from

12  another state to enforce a support order.

13         (2)(a)  This request may be transmitted from the other

14  state by electronic or other means; and

15         (b)  Shall contain sufficient identifying information

16  to allow comparison with the databases within the state which

17  are available to the Title IV-D agency; and

18         (c)  Shall constitute a certification by the requesting

19  state; and

20         1.  Of the amount of arrearage accrued under the order;

21  and

22         2.  That the requesting state has complied with all

23  procedural due process requirements applicable to the case.

24         (3)  If assistance is provided by the Title IV-D agency

25  to another state as prescribed above, neither state shall

26  consider the case to be transferred from the caseload of the

27  other state to the caseload of the Title IV-D agency.

28         (4)  The Title IV-D agency shall maintain a record of:

29         (a)  The number of requests received;

30         (b)  The number of cases for which the Title IV-D

31  agency collected support in response to such a request; and

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  1         (c)  The amount of such collected support.

  2         (5)  The department shall have authority to adopt rules

  3  to implement this section.

  4         Section 18.  Section 409.25658, Florida Statutes, is

  5  created to read:

  6         409.25658  Use of unclaimed property for past-due child

  7  support.--

  8         (1)  In a joint effort to facilitate the collection and

  9  payment of past-due child support, the Department of Revenue,

10  in cooperation with the Department of Banking and Finance,

11  shall identify persons owing child support collected through a

12  court who are presumed to have abandoned property held by the

13  Department of Banking and Finance.

14         (2)  The department shall periodically provide the

15  Department of Banking and Finance with an electronic file of

16  child support obligors who owe past-due child support. The

17  Department of Banking and Finance shall conduct a data match

18  of the file against all apparent owners of abandoned property

19  under chapter 717 and provide the resulting match list to the

20  department.

21         (3)  Upon receipt of the data match list, the

22  department shall provide to the Department of Banking and

23  Finance the obligor's last known address. The Department of

24  Banking and Finance shall follow the notification procedures

25  under s. 717.118.

26         (4)  Prior to paying an obligor's approved claim, the

27  Department of Banking and Finance shall notify the department

28  that such claim has been approved. Upon confirmation that the

29  Department of Banking and Finance has approved the claim, the

30  department shall immediately send a notice by certified mail

31  to the obligor, with a copy to the Department of Banking and

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  1  Finance, advising the obligor of the department's intent to

  2  intercept the approved claim up to the amount of the past-due

  3  child support, and informing the obligor of the obligor's

  4  right to request a hearing under chapter 120. The Department

  5  of Banking and Finance shall retain custody of the property

  6  until a final order has been entered and any appeals thereon

  7  have been concluded. If the obligor fails to request a

  8  hearing, the department shall enter a final order instructing

  9  the Department of Banking and Finance to transfer to the

10  department the property in the amount stated in the final

11  order. Upon such transfer, the Department of Banking and

12  Finance shall be released from further liability related to

13  the transferred property.

14         (5)  The provisions of this section provide a

15  supplemental remedy and the department may use this remedy in

16  conjunction with any other method of collecting child support.

17         Section 19.  Section 409.2567, Florida Statutes, is

18  amended to read:

19         409.2567  Services to individuals not otherwise

20  eligible.--All child support services provided by the

21  department shall be made available on behalf of all dependent

22  children. Services shall be provided upon acceptance of public

23  assistance or upon proper application filed with the

24  department. The department shall adopt rules to provide for

25  the payment of a $25 application fee from each applicant who

26  is not a public assistance recipient. The application fee

27  shall be deposited in the Child Support Enforcement

28  Application and Program Revenue User Fee Trust Fund within the

29  Department of Revenue to be used for the Child Support

30  Enforcement Program. The obligor is responsible for all

31  administrative costs, as defined in s. 409.2554. The court

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  1  shall order payment of administrative costs without requiring

  2  the department to have a member of the bar testify or submit

  3  an affidavit as to the reasonableness of the costs. An

  4  attorney-client relationship exists only between the

  5  department and the legal services providers in Title IV-D

  6  cases. The attorney shall advise the obligee in Title IV-D

  7  cases that the attorney represents the agency and not the

  8  obligee. In Title IV-D cases, any costs, including filing

  9  fees, recording fees, mediation costs, service of process

10  fees, and other expenses incurred by the clerk of the circuit

11  court, shall be assessed only against the nonprevailing

12  obligor after the court makes a determination of the

13  nonprevailing obligor's ability to pay such costs and fees. In

14  any case where the court does not award all costs, the court

15  shall state in the record its reasons for not awarding the

16  costs. The Department of Revenue shall not be considered a

17  party for purposes of this section; however, fees may be

18  assessed against the department pursuant to s. 57.105(1). The

19  department shall submit a monthly report to the Governor and

20  the chairs of the Health and Human Services Fiscal

21  Appropriations Committee of the House of Representatives and

22  the Ways and Means Committee of the Senate specifying the

23  funds identified for collection from the noncustodial parents

24  of children receiving temporary assistance and the amounts

25  actually collected.

26         Section 20.  Subsection (4) is added to section

27  409.2572, Florida Statutes, to read:

28         409.2572  Cooperation.--

29         (4)  The Title IV-D agency shall determine whether an

30  applicant for or recipient of public assistance for a

31

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  1  dependent child has good cause for failing to cooperate with

  2  the Title IV-D agency as required by this section.

  3         Section 21.  Section 409.2575, Florida Statutes, is

  4  amended to read:

  5         409.2575  Liens on motor vehicles and vessels.--

  6         (1)  The director of the state IV-D program, or the

  7  director's designee, may cause a lien for unpaid and

  8  delinquent support to be placed upon motor vehicles, as

  9  defined in chapter 320, and upon vessels, as defined in

10  chapter 327, that are registered in the name of an obligor who

11  is delinquent in support payments, if the title to the

12  property is held by a lienholder, in the manner provided in

13  chapter 319 or chapter 328.  Notice of lien shall not be

14  mailed unless the delinquency in support exceeds $600.

15         (2)  If the first lienholder fails, neglects, or

16  refuses to forward the certificate of title to the appropriate

17  department as requested pursuant to s. 319.24 or s. 328.15,

18  the director of the IV-D program, or the director's designee,

19  may apply to the circuit court for an order to enforce the

20  requirements of s. 319.24 or s. 328.15, whichever applies.

21         Section 22.  Paragraph (c) of subsection (3) and

22  subsection (9) of section 409.2576, Florida Statutes, are

23  amended to read:

24         409.2576  State Directory of New Hires; definitions;

25  furnishing reports and data; matches to state registry;

26  service of deduction notices; national registry; disclosure of

27  information; rulemaking authority.--

28         (3)  EMPLOYERS TO FURNISH REPORTS.--

29         (c)  Pursuant to the federal Personal Responsibility

30  and Work Opportunity Reconciliation Act of 1996, each party is

31  required to provide his or her social security number in

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  1  accordance with this section.  Disclosure of social security

  2  numbers obtained through this requirement shall be limited to

  3  the purpose of administration of the Title IV-D program for

  4  child support enforcement and those programs listed in

  5  subsection (9).

  6         (9)  DISCLOSURE OF INFORMATION.--

  7         (a)  New hire information shall be disclosed to the

  8  state agency administering the following programs for the

  9  purposes of determining eligibility under those programs:

10         1.  Any state program funded under part A of Title IV

11  of the Social Security Act;

12         2.  The Medicaid program under Title XIX of the Social

13  Security Act;

14         3.  The unemployment compensation program under s. 3304

15  of the Internal Revenue Code of 1954;

16         4.  The food stamp program under the Food Stamp Act of

17  1977; and

18         5.  Any state program under a plan approved under Title

19  I (Old-Age Assistance for the Aged), Title X (Aid to the

20  Blind), Title XIV (Aid to the Permanently and Totally

21  Disabled), or Title XVI (Aid to the Aged, Blind, or Disabled;

22  Supplemental Security Income for the Aged, Blind, and

23  Disabled) of the Social Security Act.

24         (b)  New hire information shall be disclosed to the

25  state agencies operating employment security and workers'

26  compensation programs for the purposes of administering such

27  programs.

28         Section 23.  Paragraph (b) of subsection (2) and

29  subsection (3) of section 409.2578, Florida Statutes, are

30  amended to read:

31

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  1         409.2578  Access to employment information;

  2  administrative fine.--

  3         (2)  Prior to imposition of a fine, the department

  4  shall issue a written notification of noncompliance.  Failure

  5  to comply with the request within 15 days of receipt of the

  6  written notification without good cause may result in the

  7  agency taking the following actions:

  8         (b)  The application by the Title IV-D agency or its

  9  designee, to the circuit court for an order court compelling

10  compliance.  The person who is determined to be in

11  noncompliance with the request shall be liable for reasonable

12  attorney's fees and costs associated with the department

13  bringing this action upon showing by the department that the

14  person failed to comply with the request without good cause.

15         (3)  All fines collected pursuant to this section shall

16  be made payable to the Child Support Enforcement Application

17  Fee and Program Revenue Trust Fund.

18         Section 24.  Subsections (1), (3), (4), and (5) of

19  section 409.2579, Florida Statutes, are amended, and

20  subsection (6) of that section is reenacted to read:

21         409.2579  Safeguarding Title IV-D case file

22  information.--

23         (1)  Information concerning applicants for or

24  recipients of Title IV-D child support services is

25  confidential and exempt from the provisions of s. 119.07(1).

26  The use or disclosure of such information by the IV-D program

27  is limited to purposes directly connected with:

28         (a)  The administration of the plan or program approved

29  under part A, part B, part D, part E, or part F of Title IV;

30  under Title II, Title X, Title XIV, Title XVI, Title XIX, or

31

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  1  Title XX; or under the supplemental security income program

  2  established under Title XVI of the Social Security Act;

  3         (b)  Any investigation, prosecution, or criminal or

  4  civil proceeding connected with the administration of any such

  5  plan or program;

  6         (c)  The administration of any other federal or

  7  federally assisted program which provides service or

  8  assistance, in cash or in kind, directly to individuals on the

  9  basis of need; and

10         (d)  Reporting to an appropriate agency or official,

11  information on known or suspected instances of physical or

12  mental injury, child abuse, sexual abuse or exploitation, or

13  negligent treatment or maltreatment of a child who is the

14  subject of a child support enforcement activity under

15  circumstances which indicate that the child's health or

16  welfare is threatened thereby; and.

17         (e)  Mandatory disclosure of identifying and location

18  information as provided in s. 61.13(9) by the IV-D program

19  when providing Title IV-D services.

20         (3)  As required by federal law, 42 U.S.C. s. 654(26),

21  upon notice that such an order exists, the IV-D program shall

22  not disclose information on the whereabouts of one party or

23  the child to the other party against whom a protective order

24  with respect to the former party or the child has been

25  entered.

26         (4)  As required by federal law, 42 U.S.C. s. 654(26),

27  the IV-D program shall not disclose information on the

28  whereabouts of one party or the child to another person party

29  if the program has reason to believe that the release of

30  information to that person may result in physical or emotional

31  harm to the former party or the child.

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  1         (5)  The Department of Revenue Children and Family

  2  Services is authorized to establish, by rule, procedures to

  3  implement this section.

  4         (6)  Any person who willfully and knowingly violates

  5  any of the provisions of this section is guilty of a

  6  misdemeanor of the first degree punishable as provided in s.

  7  775.082 or s. 775.083.

  8         Section 25.  Subsection (7) of section 414.095, Florida

  9  Statutes, is amended to read:

10         414.095  Determining eligibility for the WAGES

11  Program.--

12         (7)  CHILD SUPPORT ENFORCEMENT.--As a condition of

13  eligibility for public temporary cash assistance, the family

14  must cooperate with the state agency responsible for

15  administering the child support enforcement program in

16  establishing the paternity of the child, if the child is born

17  out of wedlock, and in obtaining support for the child or for

18  the parent or caretaker relative and the child. Cooperation is

19  defined as:

20         (a)  Assisting in identifying and locating a

21  noncustodial parent and providing complete and accurate

22  information on that parent;

23         (b)  Assisting in establishing paternity; and

24         (c)  Assisting in establishing, modifying, or enforcing

25  a support order with respect to a child of a family member.

26

27  This subsection does not apply if the state agency that

28  administers the child support enforcement program determines

29  that the parent or caretaker relative has good cause for

30  failing to cooperate.

31

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  1         Section 26.  Paragraph (a) of subsection (1) of section

  2  414.32, Florida Statutes, is amended to read:

  3         414.32  Prohibitions and restrictions with respect to

  4  food stamps.--

  5         (1)  COOPERATION WITH CHILD SUPPORT ENFORCEMENT

  6  AGENCY.--

  7         (a)  A parent or caretaker relative who receives

  8  temporary cash assistance or food stamps on behalf of a child

  9  under 18 years of age who has an absent parent is ineligible

10  for food stamps unless the parent or caretaker relative

11  cooperates with the state agency that administers the child

12  support enforcement program in establishing the paternity of

13  the child, if the child is born out of wedlock, and in

14  obtaining support for the child or for the parent or caretaker

15  relative and the child. This paragraph does not apply if the

16  state agency that administers the child support enforcement

17  program determines that the parent or caretaker relative has

18  good cause for failing to cooperate in establishing the

19  paternity of the child.

20         Section 27.  Paragraph (b) of subsection (3) of section

21  443.051, Florida Statutes, is amended to read:

22         443.051  Benefits not alienable; exception, child

23  support intercept.--

24         (3)  EXCEPTION, CHILD SUPPORT INTERCEPT.--

25         (b)  The division shall deduct and withhold from any

26  unemployment compensation otherwise payable to an individual

27  who owes child support obligations:

28         1.  The amount specified by the individual to the

29  division to be deducted and withheld under this section;

30         2.  The amount determined pursuant to an agreement

31  submitted to the division under s. 454(20)(B)(i) of the Social

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  1  Security Act by the state or local child support enforcement

  2  agency; or

  3         3.  Any amount otherwise required to be deducted and

  4  withheld from such unemployment compensation through legal

  5  process as defined in s. 459 s. 462(e) of the Social Security

  6  Act.

  7         Section 28.  Subsection (2) of section 443.1715,

  8  Florida Statutes, is amended to read:

  9         443.1715  Disclosure of information; confidentiality.--

10         (2)  DISCLOSURE OF INFORMATION.--Subject to such

11  restrictions as the division prescribes by rule, information

12  declared confidential under this section may be made available

13  to any agency of this or any other state, or any federal

14  agency, charged with the administration of any unemployment

15  compensation law or the maintenance of a system of public

16  employment offices, or the Bureau of Internal Revenue of the

17  United States Department of the Treasury, or the Florida

18  Department of Revenue and information obtained in connection

19  with the administration of the employment service may be made

20  available to persons or agencies for purposes appropriate to

21  the operation of a public employment service or a

22  job-preparatory or career education or training program. The

23  division shall on a quarterly basis, furnish the National

24  Directory of New Hires with information extracts of the

25  reports required under s. 303(a)(6) of the Social Security Act

26  (42 U.S.C. s. 503) to be made to the Secretary of Labor

27  concerning the wages and unemployment compensation paid to

28  individuals, by such dates, in such format and containing such

29  information as the Secretary of Health and Human Services

30  shall specify in regulations. Upon request therefor, the

31  division shall furnish any agency of the United States charged

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  1  with the administration of public works or assistance through

  2  public employment, and may furnish to any state agency

  3  similarly charged, the name, address, ordinary occupation, and

  4  employment status of each recipient of benefits and such

  5  recipient's rights to further benefits under this chapter.

  6  Except as otherwise provided by law, the receiving agency must

  7  retain the confidentiality of such information as provided in

  8  this section. The division may request the Comptroller of the

  9  Currency of the United States to cause an examination of the

10  correctness of any return or report of any national banking

11  association rendered pursuant to the provisions of this

12  chapter and may in connection with such request transmit any

13  such report or return to the Comptroller of the Currency of

14  the United States as provided in s. 3305(c) of the federal

15  Internal Revenue Code.

16         Section 29.  Subsection (9) of section 455.213, Florida

17  Statutes, is amended to read:

18         455.213  General licensing provisions.--

19         (9)  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 and use by the Department of

26  Business and Professional Regulation, and as otherwise

27  provided by law.

28         Section 30.  Section 741.04, Florida Statutes, is

29  amended to read:

30         741.04  Marriage license issued.--No county court judge

31  or clerk of the circuit court in this state shall issue a

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  1  license for the marriage of any person unless there shall be

  2  first presented and filed with him or her an affidavit in

  3  writing, signed by both parties to the marriage, providing the

  4  social security numbers or other identification numbers of

  5  each party, made and subscribed before some person authorized

  6  by law to administer an oath, reciting the true and correct

  7  ages of such parties; unless both such parties shall be over

  8  the age of 18 years, except as provided in s. 741.0405; and

  9  unless one party is a male and the other party is a female.

10  Pursuant to the federal Personal Responsibility and Work

11  Opportunity Reconciliation Act of 1996, each party is required

12  to provide his or her social security number in accordance

13  with this section. However, when an individual is not a

14  citizen of the United States and does not have a social

15  security number, alien registration documentation, or other

16  proof of immigration registration from the United States

17  Immigration and Naturalization Service that contains the

18  individual's alien admission number or alien file number, or

19  such other documents as the state determines constitutes

20  reasonable evidence indicating a satisfactory immigration

21  status, shall be provided in lieu of the social security

22  number.  Disclosure of social security numbers or other

23  identification numbers obtained through this requirement shall

24  be limited to the purpose of administration of the Title IV-D

25  program for child support enforcement.

26         Section 31.  Subsection (2) of section 742.032, Florida

27  Statutes, is amended to read:

28         742.032  Filing of location information.--

29         (2)  Beginning July 1, 1997, in any subsequent Title

30  IV-D child support enforcement action between the parties,

31  upon sufficient showing that diligent effort has been made to

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  1  ascertain the location of such a party, the court of competent

  2  jurisdiction shall tribunal may deem state due process

  3  requirements for notice and service of process to be met with

  4  respect to the party upon delivery of written notice to the

  5  most recent residential or employer address filed with the

  6  tribunal and State Case Registry under subsection (1).

  7  Beginning October 1, 1998, in any subsequent non-Title IV-D

  8  child support enforcement action between the parties, the same

  9  requirements for service shall apply.

10         Section 32.  Subsection (6) of section 61.14, Florida

11  Statutes, is amended to read:

12         61.14  Enforcement and modification of support,

13  maintenance, or alimony agreements or orders.--

14         (6)(a)1.  When support payments are made through the

15  local depository, any payment or installment of support which

16  becomes due and is unpaid under any support order is

17  delinquent; and this unpaid payment or installment, and all

18  other costs and fees herein provided for, become, after notice

19  to the obligor and the time for response as set forth in this

20  subsection, a final judgment by operation of law, which has

21  the full force, effect, and attributes of a judgment entered

22  by a court in this state for which execution may issue. No

23  deduction shall be made by the local depository from any

24  payment made for costs and fees accrued in the judgment by

25  operation of law process under paragraph (b) until the total

26  amount of support payments due the obligee under the judgment

27  has been paid.

28         2.  A certified copy of the support order and a

29  certified statement by the local depository evidencing a

30  delinquency in support payments constitute evidence of the

31  final judgment under this paragraph.

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  1         3.  The judgment under this paragraph is a final

  2  judgment as to any unpaid payment or installment of support

  3  which has accrued up to the time either party files a motion

  4  with the court to alter or modify the support order, and such

  5  judgment may not be modified by the court. The court may

  6  modify such judgment as to any unpaid payment or installment

  7  of support which accrues after the date of the filing of the

  8  motion to alter or modify the support order.  This

  9  subparagraph does not prohibit the court from providing relief

10  from the judgment pursuant to Florida Rule of Civil Procedure

11  1.540.

12         (b)1.  When an obligor is 15 days delinquent in making

13  a payment or installment of support, the local depository

14  shall serve notice on the obligor informing him or her of:

15         a.  The delinquency and its amount.

16         b.  An impending judgment by operation of law against

17  him or her in the amount of the delinquency and all other

18  amounts which thereafter become due and are unpaid, together

19  with costs and a fee of $5, for failure to pay the amount of

20  the delinquency.

21         c.  The obligor's right to contest the impending

22  judgment and the ground upon which such contest can be made.

23         d.  The local depository's authority to release

24  information regarding the delinquency to one or more credit

25  reporting agencies.

26         2.  The local depository shall serve the notice by

27  mailing it by first class mail to the obligor at his or her

28  last address of record with the local depository. If the

29  obligor has no address of record with the local depository,

30  service shall be by publication as provided in chapter 49.

31

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  1         3.  When service of the notice is made by mail, service

  2  is complete on the date of mailing.

  3         (c)  Within 15 days after service of the notice is

  4  complete, the obligor may file with the court that issued the

  5  support order, or with the court in the circuit where the

  6  local depository which served the notice is located, a motion

  7  to contest the impending judgment.  An obligor may contest the

  8  impending judgment only on the ground of a mistake of fact

  9  regarding an error in whether a delinquency exists, in the

10  amount of the delinquency, or in the identity of the obligor.

11         (d)  The court shall hear the obligor's motion to

12  contest the impending judgment within 15 days after the date

13  of the filing of the motion. Upon the court's denial of the

14  obligor's motion, the amount of the delinquency and all other

15  amounts which thereafter become due, together with costs and a

16  fee of $5, become a final judgment by operation of law against

17  the obligor. The depository shall charge interest at the rate

18  established in s. 55.03 on all judgments for child support.

19         (e)  If the obligor fails to file a motion to contest

20  the impending judgment within the time limit prescribed in

21  paragraph (c) and fails to pay the amount of the delinquency

22  and all other amounts which thereafter become due, together

23  with costs and a fee of $5, such amounts become a final

24  judgment by operation of law against the obligor at the

25  expiration of the time for filing a motion to contest the

26  impending judgment.

27         (f)1.  Upon request of any person, the local depository

28  shall issue, upon payment of a fee of $5, a payoff statement

29  of the total amount due under the judgment at the time of the

30  request. The statement may be relied upon by the person for up

31

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  1  to 30 days from the time it is issued unless proof of

  2  satisfaction of the judgment is provided.

  3         2.  When the depository records show that the obligor's

  4  account is current, the depository shall record a satisfaction

  5  of the judgment upon request of any interested person and upon

  6  receipt of the appropriate recording fee.  Any person shall be

  7  entitled to rely upon the recording of the satisfaction.

  8         3.  The local depository, at the direction of the

  9  department, or the obligee in a non-IV-D case, may partially

10  release the judgment as to specific real property, and the

11  depository shall record a partial release upon receipt of the

12  appropriate recording fee.

13         4.  The local depository is not liable for errors in

14  its recordkeeping, except when an error is a result of

15  unlawful activity or gross negligence by the clerk or his or

16  her employees.

17         Section 33.  Subsection (1) and paragraph (b) of

18  subsection (2) of section 382.013, Florida Statutes, as

19  amended by chapter 97-170, Laws of Florida, are repealed.

20         Section 34.  This act shall take effect July 1, 1998.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2244

  3

  4  The Committee Substitute for Senate Bill 2244 contains further
    legislation to meet initial federal welfare reform
  5  requirements, legislation to meet new federal requirements,
    corrective legislation to address technical problems with
  6  WAGES and with 1997 HB 2031, and legislation to address
    current concerns with child support enforcement unrelated to
  7  the prior legislation. Included among the latter category are:
    a limit on retroactive child support awards to two calendar
  8  years; a re-enactment of the requirement for a separate income
    deduction order, which was deleted in 1997; a requirement that
  9  the Office of Program Policy Analysis and Government
    Accountability evaluate the Dade County Child Support
10  Enforcement demonstration project administered by the state
    attorney for the eleventh judicial circuit and the Manatee
11  County Child Support Enforcement demonstration project
    administered by the clerk of the circuit court and report its
12  findings to the Governor, the President of the Senate, and the
    Speaker of the House of Representatives, no later than January
13  1, 1999; creation of a process by which DOR can place a claim
    against the unclaimed property in the possession of the
14  Department of Banking and Finance for past due child support;
    a provision that the child support enforcement program is not
15  required to file an Answer to the Complaint to Foreclose or
    other response in a foreclosure action in which the program
16  has an interest under a lien arising from a judgment, order,
    or decree for child support in order to retain the right to
17  participate in the disbursement of funds remaining in the
    registry; and the deletion of the authority of DOR to issue an
18  administrative fine of not more than $500 for failure to
    comply with an administrative subpoena for financial
19  information necessary to establish, modify, or enforce a child
    support order.
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