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





                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Dudley moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 5, lines 4-5, delete those lines

15

16  and insert:

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

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

19  Statutes, are amended to read:

20         61.13  Custody and support of children; visitation

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

22         (1)

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

24  provision for health insurance for the minor child when the

25  insurance is reasonably available.  Insurance is reasonably

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

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

28  obligor either to provide health insurance coverage or to

29  reimburse the obligee for the cost of health insurance

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

 2  prescription medication expenses of the child, to both parties

 3  by adding the cost to the basic obligation determined pursuant

 4  to s. 61.30(6). The court may order that payment of uncovered

 5  medical, dental, and prescription medication expenses of the

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

 7  basis.

 8         (9)

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

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

11  upon sufficient showing that diligent effort has been made to

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

13  jurisdiction shall the tribunal may deem state due process

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

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

16  most recent residential or employer address filed with the

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

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

19  child support enforcement action between the parties, the same

20  requirements for service shall apply.

21         Section 2.  Section 61.1301, Florida Statutes, is

22  amended to read:

23         61.1301  Income deduction orders.--

24         (1)  ISSUANCE IN CONJUNCTION WITH REQUIREMENT FOR

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

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

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

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

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

30  temporary order, the court shall enter a separate order

31  include provisions for income deduction if one has not been

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

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

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

 4  the obligation directs shall direct that payments be made

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

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

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

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

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

10  order establishing, enforcing, or modifying the obligation.

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

12  agency may implement income deduction after receiving a copy

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

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

15  income deduction notice to the payor.

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

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

18  income deduction requirement or upon a separate income

19  deduction order. The income deduction notice must contain the

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

21  income deduction notice must contain the following information

22  from the income deduction order upon which the notice is

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

24  the date entered.

25         3.  Payors shall deduct support payments from income,

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

27  provided under paragraph (2)(e).

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

 2  be implemented by serving an income deduction notice upon the

 3  payor.

 4         5.2.  If a support order entered before January 1,

 5  1994, October 1, 1996, in a non-Title IV-D case does not

 6  specify income deduction, income deduction may be initiated

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

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

 9  case the obligee may implement income deduction by serving a

10  notice of delinquency on the obligor as provided for under

11  paragraph (f).

12         (b)  Provisions for income deduction. The income

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

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

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

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

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

18  order.

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

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

21  the periodic amount specified in the order establishing,

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

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

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

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

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

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

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  arrearage reported in the income deduction notice or the

 2  remaining balance thereof, and forward the payment to the

 3  governmental depository.  For purposes of this subparagraph,

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

 5  compensation and which is in addition to any amounts

 6  contracted for or otherwise legally due and shall not include

 7  any commission payments due an obligor; and

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

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

10         (c)  The income deduction order is effective

11  immediately unless the court upon good cause shown finds that

12  the income deduction order shall be effective upon a

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

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

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

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

17         1.  Explain why implementing immediate income deduction

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

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

20  ordered obligation without an income deduction order in cases

21  of modification; and

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

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

24  and health insurance; or

25         b.  There is a signed written agreement providing an

26  alternative arrangement between the obligor and the obligee

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

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  further order of the court.

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

 3  orders the income deduction to be effective immediately, the

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

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

 6  order.  The statement shall state:

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

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

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

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

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

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

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

14         3.  That the income deduction order notice applies to

15  current and subsequent payors and periods of employment.

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

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

18  on the obligor's payor or payors.

19         5.  That enforcement of the income deduction order

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

21  regarding the amount owed pursuant to the order establishing,

22  enforcing, or modifying the obligation, the arrearages, or the

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

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

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

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

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

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

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

30  income deduction to be effective upon a delinquency as

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

 2  income deduction by serving a notice of delinquency on the

 3  obligor under this subsection.

 4         1.  The notice of delinquency shall state:

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

 6  modifying the obligation.

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

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

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

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

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

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

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

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

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

16  1673(b), as amended.

17         e.  That the income deduction order notice applies to

18  current and subsequent payors and periods of employment.

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

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

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

22  income deduction notice, unless the obligor applies to the

23  court to contest enforcement of the income deduction. The

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

25  notice of delinquency was served.

26         g.  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 amount of

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

31  obligee.

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

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

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

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

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

 6  agency instead of to the obligee.

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

 8  delinquency does not preclude subsequent service of the income

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

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

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

12  not owed.

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

14  may apply to the court to:

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

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

17  termination of the support provisions in the underlying order;

18  or

19         2.  Modify the amount of income deducted when the

20  arrearage has been paid.

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

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

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

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

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

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

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

28  deduction pursuant to paragraph (c).

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

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

31  prescribed in the Florida Rules of Civil Procedure for service

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  upon parties.

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

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

 4  return receipt requested, or in the manner prescribed in

 5  chapter 48.

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

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

 8  enforcement of the income deduction on the ground of mistake

 9  of fact regarding the amount owed pursuant to an order

10  establishing, enforcing, or modifying an obligation for

11  alimony, for child support, or for alimony and child support,

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

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

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

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

16  pleading shall stay the service of an income deduction order

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

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

19  made as to whether enforcement of the income deduction order

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

21  obligor upon entry issuance of an income deduction order

22  notice shall not preclude service of the income deduction

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

24  the obligor's payor.

25         2.  When an obligor timely requests a hearing to

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

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

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

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

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

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

 5  payor.

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

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

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

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

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

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

12  delinquency, shall also be furnished to the obligor.

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

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

15  notice shall contain only information necessary for the payor

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

17  notice shall:

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

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

20  income the amount specified in the order providing for income

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

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

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

24  amount actually deducted plus all administrative charges shall

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

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

27         3.  Instruct the payor to implement income deduction no

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  deduction notice to the obligor's pay cycle;

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

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

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

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

 6  totally or partially satisfies the periodic amount specified

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

 8  deduction notice, and the specific date each deduction is

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

10  shall make these notifications to the agency instead of the

11  obligee;

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

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

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

15  and reasonable attorney's fees;

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

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

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

19  deduction thereafter;

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

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

22  delinquency the notice of delinquency, are binding on the

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

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

25  obligor;

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

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

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

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

 3  notifications to the agency instead of to the obligee.

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

 5  whichever is enforcing the income deduction order;

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

 7  employ, or take disciplinary action against an obligor because

 8  of the requirement for an income deduction notice and shall

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

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

11  $500 for any subsequent violation. Penalties shall be paid to

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

13  income deduction notice, if any alimony or child support

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

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

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

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

18  employ, discharges, or otherwise disciplines an obligor

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

20  to reinstatement and all wages and benefits lost, plus

21  reasonable attorney's fees and costs incurred;

22         11.  Inform the payor that the requirement for income

23  deduction notice has priority over all other legal processes

24  under state law pertaining to the same income and that

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

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

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

28  sum paid;

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

30  notices to payor or income deduction notices requiring that

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

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

 3  payments attributable to each obligor are clearly identified;

 4  and

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

 6  than one notice to payor or income deduction notice against

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

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

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

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

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

12  amounts available for income deduction as provided in

13  subsection (4).

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

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

16  contest the continued enforcement of the income deduction on

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

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

19  application does not affect the continued enforcement of the

20  income deduction until the court enters an order granting

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

22  released from liability for improper receipt of moneys

23  pursuant to an income deduction order upon return to the

24  appropriate party of any moneys received.

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

26  income deduction order against an obligor's successor payor

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

28  this section for the enforcement of an income deduction order

29  against a payor.

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

 2  request the agency responsible for income deduction in the

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

 4  shall contain all information necessary to enforce the income

 5  deduction order, including the amount to be periodically

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

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

 8  applicable.

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

10  responsible for income deduction in another state to enforce

11  an income deduction order against a payor located in this

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

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

14  shall act promptly pursuant to the applicable provisions of

15  this section.

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

17  deduction order enforced against a payor located in this state

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

19  services by the agency responsible for income deduction in

20  another state terminates his or her relationship with his or

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

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

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

24  known.

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

26  govern the procedural aspects of income deduction whenever the

27  agency responsible for income deduction in another state

28  requests the enforcement of an income deduction order in this

29  state.

30         b.  Except with respect to when withholding must be

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  establishing, enforcing, or modifying the obligation was

 2  entered, the substantive law of this state shall apply

 3  whenever the agency responsible for income deduction in

 4  another state requests the enforcement of an income deduction

 5  in this state.

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

 7  responsible for income deduction in another state to implement

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

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

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

11  state initiates an income deduction request on behalf of an

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

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

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

15  interstate income deduction documents, or an affidavit of such

16  request when the income deduction documents are not available,

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

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

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

20  depository created pursuant to s. 61.181 shall accept the

21  interstate income deduction documents or affidavit and shall

22  establish an account for the receipt and disbursement of child

23  support or child support and alimony payments and advise the

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

25  after receipt of the documents or affidavit.

26         (i)  Certified copies of payment records maintained by

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

28  evidence in any legal proceeding in this state.

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

30  take disciplinary action against an employee because of the

31  enforcement of an income deduction order.  An employer who

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

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

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

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

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

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

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

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

 9  discharges, or otherwise disciplines an employee because of an

10  income deduction order.  The employee is entitled to

11  reinstatement and all wages and benefits lost plus reasonable

12  attorney's fees and costs incurred.

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

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

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

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

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

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

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

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

21  agency, whichever is enforcing the income deduction order.

22         (3)  It is the intent of the Legislature that this

23  section may be used to collect arrearages in child support

24  payments or in alimony payments which have been accrued

25  against an obligor.

26         (4)  When there is more than one income deduction

27  notice against the same obligor, the court shall allocate

28  amounts available for income deduction must be allocated among

29  all obligee families as follows:

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

31  all obligations must be converted to a common payroll

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  frequency and determine the percentage of deduction allowed

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

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

 4  shall determine The amount of income available for deduction

 5  is determined by multiplying that percentage figure by the

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

 7  support obligations.

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

 9  families is less than the amount of income available for

10  deduction, the full amount of each obligation must be

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

12  amount of income available for deduction, the court shall

13  order that the full amount of each obligation shall be

14  deducted.

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

16  families is greater than the amount of income available for

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

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

19  allocated a percentage of the amount deducted. The percentage

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

21  current support obligation by the total of all current support

22  obligations. If the total of all current support obligations

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

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

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

26  allocated a percentage of the remaining income available for

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

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

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

30  obligations is greater than the amount of income available for

31  deduction, the court shall determine a prorated percentage for

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  each support obligation by dividing each obligation by the sum

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

 3  determine the prorated deduction amount for each support

 4  obligation by multiplying the prorated percentage for each

 5  support obligation by the amount of income available for

 6  deduction. The court shall then order that the resultant

 7  amount for each support obligation shall be deducted from the

 8  obligor's income.

 9         Section 3.  Section 63.181, Florida Statutes, is

10  amended to read:

11         61.181  Central depository for receiving, recording,

12  reporting, monitoring, and disbursing alimony, support,

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

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

15  a depository unless the depository is otherwise created by

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

17  1985, a different entity was established to perform such

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

19  extend participation in the federal child support cost

20  reimbursement program to the central depository in each

21  county, to the maximum extent possible under existing federal

22  law.  The depository shall receive reimbursement for services

23  provided under a cooperative agreement with the department as

24  provided by federal law.

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

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

27  disbursing, monitoring, or handling alimony or child support

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

 2  support payment made in satisfaction of the amount which the

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

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

 5  considered by the court in determining the amount of support

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

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

 8  1999, the fee imposed in paragraph (a) shall be increased to 4

 9  percent of the support payments which the party is obligated

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

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

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

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

14  the additional revenues generated by this paragraph shall be

15  remitted monthly to the Clerk of the Court Child Support

16  Enforcement Collection System Trust Fund administered by the

17  department as provided in subparagraph 2.  These funds shall

18  be used exclusively for the development, implementation, and

19  operation of an automated child support enforcement

20  collections system to be operated by the depositories.  The

21  department shall contract with the Florida Association of

22  Court Clerks and Comptrollers and the depositories to design,

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

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

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

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

27  depository created under this section shall fully participate

28  in the automated child support enforcement collection system

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

30  format as required by the contract between the Florida

31  Association of Court Clerks and Comptrollers and the

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  department.  The department may at its discretion exempt a

 2  depository from compliance with full participation in the

 3  automated child support enforcement collection system.

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

 5  remitted to the department by the depository shall be done

 6  daily by electronic funds transfer and calculated as follows:

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

 8  cents.

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

10  amount equal to 18.75 percent of the fee charged.

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

12  cents.

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

14  department shall provide the Legislature with estimates of the

15  cost of continuing the collection and maintenance of

16  information required by this act.

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

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

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

20  depository.

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

22  support payments paid into the depository to the appropriate

23  party. On or after July 1, 1998, if a payment on a Title IV-D

24  case is made which is not accompanied by the required

25  transaction fee, the depository shall not deduct any moneys

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

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

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

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

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

31  operational. As part of its collection and distribution

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  functions, the depository shall maintain records listing:

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

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

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

 5  number.

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

 7  order.

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

 9  order.

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

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

12  of the disbursement.

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

14  in the court order.

15         7.  Other records as necessary to comply with federal

16  reporting requirements.

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

18  complete an information form, which shall request the

19  following about the payor or obligor who provides payment by

20  check:

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

22         2.  Driver's license number.

23         3.  Social security number.

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

25  obligor's employer.

26         5.  Date of birth.

27         6.  Weight and height.

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

29  State Attorney if prosecution for an insufficient check

30  becomes necessary.

31

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

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

 3  personal checks from the payor or obligor.

 4         (c)  Parties using the depository for support payments

 5  shall inform the depository of changes in their names or

 6  addresses. An obligor shall, additionally, notify the

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

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

 9  amounts of income received. Notification of all changes shall

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

11  change.

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

13  custodial parent who is entitled to receive child support

14  moneys from the depository to a licensed or registered

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

16  court an order directing child support payments which would

17  otherwise be distributed to the custodial parent be

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

19  child by the agency.  Thereafter, payments shall be

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

21  parent until further order of the court.

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

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

24  identifies all delinquent accounts, the period of delinquency,

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

26  alphabetical order by name of obligor, shall include the

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

28  cost to the IV-D agency.

29         (5)  The depository shall accept a support payment

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

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

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

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

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

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

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

 8  depository shall disburse the proceeds to the obligee within 2

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

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

11  Notwithstanding the provisions of s. 28.243, the administrator

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

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

14         (6)  Certified copies of payment records maintained by

15  a depository shall without further proof be admitted into

16  evidence in any legal proceeding in this state.

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

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

19  61.1301, for each payment received and forwarded to the

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

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

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

23  provide the date the deduction was made.

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

25  provide information required by this chapter to be transmitted

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

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

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1         (10)  Compliance with the requirements of this section

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

 3  pursuant to s. 11.45.

 4         (11)  The Office of Program Policy Analysis and

 5  Government Accountability shall conduct a program audit of the

 6  central child support enforcement depositories operating

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

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

 9  requirements for the child support enforcement depository and

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

11  distribution system to meet those requirements; a cost

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

13  strategies, including federal reimbursement, distribution of

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

15  efficiency in payment processing.  The audit must be completed

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

17  Representatives before December 1, 1996.  This subsection

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

19  section.

20         (12)  The Office of Program Policy Analysis and

21  Government Accountability is directed to evaluate the Dade

22  County Child Support Enforcement demonstration project

23  administered by the state attorney for the eleventh judicial

24  circuit, and the Manatee County Child Support Enforcement

25  demonstration project administered by the clerk of the circuit

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

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

28  Representatives, no later than January 1, 1999.

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

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

31  are amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1         61.30  Child Support guidelines; retroactive child

 2  support.--

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

 4  determined by this section presumptively establishes the

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

 6  initial proceeding for such support or in a proceeding for

 7  modification of an existing order for such support, whether

 8  the proceeding arises under this or another chapter.  The

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

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

11  considering all relevant factors, including the needs of the

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

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

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

15  which varies more than 5 percent from such guideline amount

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

17  record, explaining why ordering payment of such guideline

18  amount would be unjust or inappropriate.

19         (8)  Health insurance costs resulting from coverage

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

21  medical, dental, and prescription medication expenses of the

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

23  expenses have been ordered to be separately paid on a

24  percentage basis. After the health insurance costs are added

25  to the basic obligation, any moneys prepaid by the

26  noncustodial parent for health-related costs health insurance

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

28  from that noncustodial parent's child support obligation for

29  that child or those children.

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

 2  discretion to award child support retroactive to the date when

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

 4  the child, not to exceed a period of 24 months preceding the

 5  filing of the petition, regardless of whether that date

 6  precedes the filing of the petition.  In determining the

 7  retroactive award in such cases, the court shall consider the

 8  following:

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

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

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

12  the retroactive period.  Failure of the obligor to so

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

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

15  for the retroactive period.

16         (b)  All actual payments made by the noncustodial

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

18  for the benefit of the child throughout the proposed

19  retroactive period.

20         (c)  The court should consider an installment payment

21  plan for the payment of retroactive child support.

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

23  Statutes, is amended to read:

24         69.041  State named party; lien foreclosure, suit to

25  quiet title.--

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

27  participate in the disbursement of funds remaining in the

28  registry of the court after distribution pursuant to s.

29  45.031(7). The department shall participate in accordance with

30  applicable procedures in any mortgage foreclosure action in

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

 2  decree for child support, against the subject property and

 3  with the same priority, regardless of whether a default

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

 5  answer or other responsive pleading.

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

 7  paragraph (a) applies only to mortgage foreclosure actions

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

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

10  default has been entered against the Department of Revenue

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

12  actions initiated based upon interests under a lien arising

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

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

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

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

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

18  1998.

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

20  Statutes, is amended to read:

21         319.24  Issuance in duplicate; delivery; liens and

22  encumbrances.--

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

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

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

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

27  encumbrance against the motor vehicle or mobile home when the

28  title certificate is in the possession of the first

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

30  first lienholder by certified mail, and such first lienholder

31  shall forward the certificate to the department for

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

 2  the owner, the owner shall forward the certificate to the

 3  department for endorsement. The department shall return the

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

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

 6  after endorsing the second or subsequent lien on the

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

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

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

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

11  department, on the written request of the subsequent

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

13  lienholder the return of such certificate for the notation of

14  the second or subsequent lien or encumbrance.

15         Section 7.  Subsection (4) of section 319.32, Florida

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

17  subsection (4) is added to said section to read:

18         319.32  Fees; service charges; disposition.--

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

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

21  enforcement program pursuant to s. 319.24.

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

23  Statutes, is amended to read:

24         372.561  Issuance of licenses to take wild animal life

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

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

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

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

29  license or permit.  The commission shall establish the forms

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  security number on the application form. Disclosure of social

 2  security numbers obtained through this requirement shall be

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

 4  program for child support enforcement and use by the

 5  commission, and as otherwise provided by law.

 6         Section 9.  The introductory paragraph of section

 7  372.57, Florida Statutes, is amended to read:

 8         372.57  Licenses and permits; exemptions; fees.--No

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

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

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

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

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

14  or authorization shall authorize the person to whom it is

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

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

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

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

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

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

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

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

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

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

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

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

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

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

29  5-year license, or when otherwise required by the license or

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  date of issuance, and other pertinent information as deemed

 2  necessary by the commission.  A certified copy of the

 3  applicant's birth certificate shall accompany all applications

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

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

 6  authorization shall provide the applicant's social security

 7  number on the application form. Disclosure of social security

 8  numbers obtained through this requirement shall be limited to

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

10  enforcement program and use by the commission, and as

11  otherwise provided by law.

12         Section 10.  Section 372.574, Florida Statutes, is

13  amended to read:

14         372.574  Appointment of subagents for the sale of

15  hunting, fishing, and trapping licenses and permits.--

16         (1)  A county tax collector who elects to sell licenses

17  and permits may appoint any person as a subagent for the sale

18  of fishing, hunting, and trapping licenses and permits that

19  the tax collector is allowed to sell. The following are

20  requirements for subagents:

21         (a)  Each subagent must serve at the pleasure of the

22  county tax collector.

23         (b)  Neither an employee of the county tax collector

24  nor her or his relative or next of kin, by blood or otherwise,

25  may be appointed as a subagent.

26         (c)  The tax collector may require each subagent to

27  post an appropriate bond as determined by the tax collector,

28  using an insurance company acceptable to the tax collector.

29  In lieu of such bond, the tax collector may purchase blanket

30  bonds covering all or selected subagents or may allow a

31  subagent to post such other security as is required by the tax

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  collector.

 2         (d)  A subagent may sell licenses and permits as are

 3  determined by the tax collector at such specific locations

 4  within the county and in states contiguous to Florida as will

 5  best serve the public interest and convenience in obtaining

 6  licenses and permits. The commission may uniformly prohibit

 7  subagents from selling certain licenses or permits.

 8         (e)  It is unlawful for any person to handle licenses

 9  or permits for a fee or compensation of any kind unless she or

10  he has been appointed as a subagent.

11         (f)  Any person who willfully violates any of the

12  provisions of this law is guilty of a misdemeanor of the

13  second degree, punishable as provided in s. 775.082 or s.

14  775.083.

15         (g)  A subagent may charge and receive as her or his

16  compensation 50 cents for each license or permit sold.  This

17  charge is in addition to the sum required by law to be

18  collected for the sale and issuance of each license or permit.

19         (h)  A subagent shall submit payment for and report the

20  sale of licenses and permits to the tax collector as

21  prescribed by the tax collector but no less frequently than

22  monthly.

23         (i)  Subagents shall submit an activity report, for

24  sales made during the reporting period on forms prescribed or

25  approved by the commission. Periodic audits may be performed

26  at the discretion of the commission.

27         (2)  If a tax collector elects not to appoint

28  subagents, the commission may appoint subagents within that

29  county.  Subagents shall serve at the pleasure of the

30  commission.  The commission may establish, by rule, procedures

31  for selection of subagents.  The following are requirements

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  for subagents so appointed:

 2         (a)  The commission may require each subagent to post

 3  an appropriate bond as determined by the commission, using an

 4  insurance company acceptable to the commission.  In lieu of

 5  the bond, the commission may purchase blanket bonds covering

 6  all or selected subagents or may allow a subagent to post

 7  other security as required by the commission.

 8         (b)  A subagent may sell licenses and permits as

 9  authorized by the commission at specific locations within the

10  county and in states as will best serve the public interest

11  and convenience in obtaining licenses and permits. The

12  commission may prohibit subagents from selling certain

13  licenses or permits.

14         (c)  It is unlawful for any person to handle licenses

15  or permits for a fee or compensation of any kind unless he or

16  she has been appointed as a subagent.

17         (d)  Any person who willfully violates any of the

18  provisions of this section commits a misdemeanor of the second

19  degree, punishable as provided in s. 775.082 or s. 775.083.

20         (e)  A subagent may charge and receive as his or her

21  compensation 50 cents for each license or permit sold.  This

22  charge is in addition to the sum required by law to be

23  collected for the sale and issuance of each license or permit.

24  In addition, no later than July 1, 1997, a subagent fee for

25  the sale of licenses over the telephone by credit card shall

26  be established by competitive bid procedures which are

27  overseen by the Game and Fresh Water Fish Commission.

28         (f)  A subagent shall submit payment for and report the

29  sale of licenses and permits to the commission as prescribed

30  by the commission.

31         (g)  Subagents shall maintain records of all licenses

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  and permits sold and all stamps issued, voided, stolen, or

 2  lost.  Subagents are responsible to the commission for the

 3  fees for all licenses and permits sold and for the value of

 4  all stamps reported as lost.  Subagents must report all stolen

 5  validation stamps to the appropriate law enforcement agency.

 6  The subagent shall submit a written report and a copy of the

 7  law enforcement agency's report to the commission within 5

 8  days after discovering the theft. The value of a lost

 9  validation stamp is $5.

10         (h)  Subagents shall submit an activity report, for

11  sales made during the reporting period on forms prescribed or

12  approved by the commission. Periodic audits may be performed

13  at the discretion of the commission.

14         (i)  By July 15 of each year, each subagent shall

15  submit to the commission all unissued stamps for the previous

16  year along with a written audit report, on forms prescribed or

17  approved by the commission, on the numbers of the unissued

18  stamps.

19         (3)  All social security numbers which are provided

20  pursuant to ss. 372.561 and 372.57 and are contained in

21  records of any subagent appointed pursuant to this section are

22  confidential as provided in those sections.

23         Section 11.  Subsection (1) of section 382.008, Florida

24  Statutes, is amended to read:

25         382.008  Death and fetal death registration.--

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

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

28  the department with the local registrar of the district in

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

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

31  registrar if it has been completed and filed in accordance

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  with this chapter or adopted rules. The certificate shall

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

 3  Disclosure of social security numbers obtained through this

 4  requirement shall be limited to the purpose of administration

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

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

 7  death or fetal death:

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

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

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

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

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

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

14  the certificate and shall be considered part of the official

15  record of death;

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

17  registered in the registration district in which the dead body

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

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

20  registered in the registration district in which the dead body

21  was first removed from such conveyance.

22         Section 12.  Section 382.013, Florida Statutes, is

23  amended to read:

24         382.013  Birth registration.--A certificate for each

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

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

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

28  local registrar if the certificate has been completed and

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

30  information regarding registered births shall be used for

31  comparison with information in the state case registry, as

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  defined in chapter 61.

 2         (1)  FILING.--

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

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

 5  charge of the facility shall be responsible for preparing the

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

 7  certificate with the local registrar.  Within 48 hours after

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

 9  during or immediately after the delivery shall provide the

10  facility with the medical information required by the birth

11  certificate.

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

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

14  certificate shall be prepared and filed by one of the

15  following persons in the indicated order of priority:

16         1.  The physician or midwife in attendance during or

17  immediately after the birth.

18         2.  In the absence of persons described in subparagraph

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

20  the birth.

21         3.  In the absence of persons described in subparagraph

22  2., the father or mother.

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

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

25  birth occurred.

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

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

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

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

30  the place of birth.

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

 2  certificate in time to permit the timely registration of the

 3  certificate.

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

 5  local registrar shall immediately notify the health care

 6  facility or person filing the certificate and shall require

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

 8  be obtained prior to issuing certified copies of the birth

 9  certificate.

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

11  adoption after birth, the information on the birth certificate

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

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

14  is made under s. 63.152.

15         (2)  PATERNITY.--

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

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

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

19  determined otherwise by a court of competent jurisdiction.

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

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

22  deceased husband shall be entered on the birth certificate as

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

24  otherwise by a court of competent jurisdiction.

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

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

27  certificate without the execution of a consenting affidavit

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

 2  status, and responsibilities that arise from signing an

 3  acknowledgment of paternity, the facility shall provide the

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

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

 6  agency established pursuant to s. 409.2557, regarding the

 7  benefits of voluntary establishment of paternity.  Upon

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

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

10  affidavit.

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

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

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

14  entered on the certificate in accordance with the finding and

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

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

17  subsection (3).

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

19  other information about the father shall be entered on the

20  certificate.

21         (3)  NAME OF CHILD.--

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

23  mother and father whose names are entered on the birth

24  certificate shall select the given names and surname of the

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

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

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

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

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

30  selected by the father and the surname selected by the mother

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

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

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

 4  agreement that lists the agreed upon given name and is

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

 6  until a given name is selected by a court.

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

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

 9  select the child's given name and surname.

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

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

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

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

14         (e)  Unless the child is of undetermined parentage

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

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

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

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

19  under subsection (2).

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

21  be registered for every child of undetermined parentage

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

23  To assist in later determination, information concerning the

24  place and circumstances under which the child was found shall

25  be included on the portion of the birth certificate relating

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

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

28  new birth certificate shall be prepared which shall bear the

29  same number as the original birth certificate, and the

30  original certificate shall be sealed and filed, shall be

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

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

 3  person other than the registrant if of legal age.

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

 5  birth shall contain all the information required by the

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

 7  However, all information concerning parentage, marital status,

 8  and medical details shall be confidential and exempt from the

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

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

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

12         Section 13.  Subsection (3) is added to section

13  409.2557, Florida Statutes, to read:

14         409.2557  State agency for administering child support

15  enforcement program.--

16         (3)  Specific rulemaking authority.-- The department

17  has the authority to adopt rules pursuant to ss. 120.54 and

18  120.536(1) to implement all laws administered by the

19  department in its capacity as the Title IV-D agency for this

20  state including, but not limited to, the following:

21         (a)  background screening of department employees and

22  applicants, including criminal records checks;

23         (b)  confidentiality and retention of department

24  records; access to records; record requests;

25         (c)  department trust funds;

26         (d)  federal funding procedures;

27         (e)  agreements with law enforcement and other state

28  agencies; National Crime Information Center (NCIC) access;

29  Parent Locator Service access;

30         (f)  written agreements entered into between the

31  department and child support obligors in establishment,

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  enforcement, and modification proceedings;

 2         (g)  procurement of services by the department, pilot

 3  programs, and demonstration projects;

 4         (h)  management of cases by the department involving

 5  any documentation or procedures required by federal or state

 6  law, including but not limited to, cooperation; review and

 7  adjustment; audits; interstate actions; diligent efforts for

 8  service of process;

 9         (i)  department procedures for orders for genetic

10  testing; subpoenas to establish, enforce or modify orders;

11  increasing the amount of monthly obligations to secure

12  delinquent support; suspending or denying driver's and

13  professional licenses and certificates; fishing and hunting

14  license suspensions; suspending vehicle and vessel

15  registrations, screening applicants for new or renewal

16  licenses, registrations, or certificates; income deduction;

17  credit reporting and  accessing; tax refund intercepts;

18  passport denials; liens; financial institution data matches;

19  expedited procedures; medical support; and all other

20  responsibilities of the department as required by state or

21  federal law;

22         (j)  collection and disbursement of child support and

23  alimony payments by the department as required by federal law;

24  collection of genetic testing costs and other costs awarded by

25  the court;

26         (k)  report information to and receive information from

27  other agencies and entities;

28         (l)  provide location services, including accessing

29  from and reporting to federal and state agencies;

30         (m)  privatizing location, establishment, enforcement,

31  modification and other functions;

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1         (n)  state case registry;

 2         (o)  state disbursement unit; and

 3         (p)  all other responsibilities of the department as

 4  required by state or federal law;

 5         Section 14.  Section 409.2558, Florida Statutes, is

 6  created to read:

 7         409.2558  Child support distribution and

 8  disbursement.--The department shall distribute and disburse

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

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

11  thereunder by the Secretary of the United States Department of

12  Health and Human Services.

13         Section 15.  Section 409.2559, Florida Statutes, is

14  created to read:

15         409.2559  State disbursement unit.--The department

16  shall establish and operate a state disbursement unit by

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

18         Section 16.  Subsection (1) of section 409.2561,

19  Florida Statutes, is amended to read:

20         409.2561  Child support obligations when public

21  assistance is paid Public assistance payments; reimbursement

22  of obligation to department; assignment of rights;

23  subrogation; medical and health insurance information.--

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

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

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

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

28  amounts collected only to the extent necessary to reimburse

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

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

31  dissolution of marriage establishing an obligation of support,

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

 2  order or decree. pursuant to the applicable child support

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

 4  reimbursement obligation. If the obligor fails to discharge

 5  the reimbursement obligation, the department may apply for a

 6  contempt order to enforce reimbursement for support furnished.

 7  The extraordinary remedy of contempt is applicable in child

 8  support enforcement cases because of the public necessity for

 9  ensuring that dependent children be maintained from the

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

11  part, the burden presently borne by the general citizenry

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

13  court order establishing an obligation of support, the court

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

15  reimbursement of public assistance moneys paid, by applying

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

17  assistance period. Priority shall be given to establishing

18  continuing reasonable support for the dependent child. The

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

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

21  right to settle and compromise actions brought pursuant to

22  law.

23         Section 17.  Subsections (8) and (9) of section

24  409.2564, Florida Statutes, are amended to read:

25         409.2564  Actions for support.--

26         (8)  The director of the Title IV-D agency, or the

27  director's designee, is authorized to subpoena from any person

28  financial and other information from any person necessary to

29  establish, modify, or enforce a child support order. The

30  agency is authorized to impose a fine for failure to comply

31  with the subpoena.

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1         (a)  For the purpose of any investigation under this

 2  chapter, any designated employee may administer oaths or

 3  affirmations, subpoena witnesses and compel their attendance,

 4  take evidence and require the production of any matter which

 5  is relevant to the child support enforcement investigation,

 6  including the existence, description, nature, custody,

 7  condition, and location of any books, documents, or other

 8  tangible things and the identity and location of persons

 9  having knowledge of relevant facts or any other matter

10  reasonably calculated to lead to the discovery of material

11  evidence.

12         (b)  Prior to making application to the court for an

13  order compelling compliance with a subpoena imposition of a

14  fine, the department shall issue a written notification of

15  noncompliance.  Failure to comply within 15 days after of

16  receipt of the written notification without good cause may

17  result in the agency taking the following actions:

18         1.  Imposition of an administrative fine of not more

19  than $500;

20         2.  The application by the Title IV-D agency to the

21  circuit court for an order compelling compliance with the

22  subpoena.  The person who is determined to be in noncompliance

23  with the subpoena shall be liable for reasonable attorney's

24  fees and costs associated with the department bringing this

25  action upon showing by the department that the person failed

26  to comply with the request without good cause.

27         (c)  All fines collected pursuant to this section shall

28  be made payable to the Child Support Enforcement Application

29  Fee and Program Revenue Trust Fund.

30         (9)  In cases in which support is subject to an

31  assignment as provided under 45 C.F.R. s. 301.1 required under

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  s. 409.2561(2), the Title IV-D agency shall, upon providing

 2  notice to the obligor and obligee, direct the obligor or other

 3  payor to change the payee to the appropriate depository.

 4         Section 18.  Subsection (1) of section 409.25641,

 5  Florida Statutes, is amended to read:

 6         409.25641  Procedures for processing automated

 7  administrative interstate enforcement requests.--

 8         (1)  The Title IV-D agency shall use automated

 9  administrative enforcement in response to a request from

10  another state to enforce a support order and shall promptly

11  report the results of enforcement action to the requesting

12  state. "Automated administrative enforcement" means the use of

13  automated data processing to search state databases and

14  determine whether information is available regarding the

15  parent who owes a child support obligation. The Title IV-D

16  agency shall respond within 5 business days to a request from

17  another state to enforce a support order.

18         Section 19.  Section 409.25658, Florida Statutes, is

19  created to read:

20         409.25658  Use of unclaimed property for past-due child

21  support.--

22         (1)  In a joint effort to facilitate the collection and

23  payment of past-due child support, the Department of Revenue,

24  in cooperation with the Department of Banking and Finance,

25  shall identify persons owing child support collected through a

26  court who are presumed to have abandoned property held by the

27  Department of Banking and Finance.

28         (2)  The department shall periodically provide the

29  Department of Banking and Finance with an electronic file of

30  child support obligors who owe past-due child support. The

31  Department of Banking and Finance shall conduct a data match

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  of the file against all apparent owners of abandoned property

 2  under chapter 717 and provide the resulting match list to the

 3  department.

 4         (3)  Upon receipt of the data match list, the

 5  department shall provide to the Department of Banking and

 6  Finance the obligor's last known address. The Department of

 7  Banking and Finance shall follow the notification procedures

 8  under s. 717.118.

 9         (4)  Prior to paying an obligor's approved claim, the

10  Department of Banking and Finance shall notify the department

11  that such claim has been approved. Upon confirmation that the

12  Department of Banking and Finance has approved the claim, the

13  department shall immediately send a notice by certified mail

14  to the obligor, with a copy to the Department of Banking and

15  Finance, advising the obligor of the department's intent to

16  intercept the approved claim up to the amount of the past-due

17  child support, and informing the obligor of the obligor's

18  right to request a hearing under chapter 120. The Department

19  of Banking and Finance shall retain custody of the property

20  until a final order has been entered and any appeals thereon

21  have been concluded. If the obligor fails to request a

22  hearing, the department shall enter a final order instructing

23  the Department of Banking and Finance to transfer to the

24  department the property in the amount stated in the final

25  order. Upon such transfer, the Department of Banking and

26  Finance shall be released from further liability related to

27  the transferred property.

28         (5)  The provisions of this section provide a

29  supplemental remedy and the department may use this remedy in

30  conjunction with any other method of collecting child support.

31         Section 20.  Section 409.2567, Florida Statutes, is

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  amended to read:

 2         409.2567  Services to individuals not otherwise

 3  eligible.--All child support services provided by the

 4  department shall be made available on behalf of all dependent

 5  children. Services shall be provided upon acceptance of public

 6  assistance or upon proper application filed with the

 7  department. The department shall adopt rules to provide for

 8  the payment of a $25 application fee from each applicant who

 9  is not a public assistance recipient. The application fee

10  shall be deposited in the Child Support Enforcement

11  Application and Program Revenue User Fee Trust Fund within the

12  Department of Revenue to be used for the Child Support

13  Enforcement Program. The obligor is responsible for all

14  administrative costs, as defined in s. 409.2554. The court

15  shall order payment of administrative costs without requiring

16  the department to have a member of the bar testify or submit

17  an affidavit as to the reasonableness of the costs. An

18  attorney-client relationship exists only between the

19  department and the legal services providers in Title IV-D

20  cases. The attorney shall advise the obligee in Title IV-D

21  cases that the attorney represents the agency and not the

22  obligee. In Title IV-D cases, any costs, including filing

23  fees, recording fees, mediation costs, service of process

24  fees, and other expenses incurred by the clerk of the circuit

25  court, shall be assessed only against the nonprevailing

26  obligor after the court makes a determination of the

27  nonprevailing obligor's ability to pay such costs and fees. In

28  any case where the court does not award all costs, the court

29  shall state in the record its reasons for not awarding the

30  costs. The Department of Revenue shall not be considered a

31  party for purposes of this section; however, fees may be

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  assessed against the department pursuant to s. 57.105(1). The

 2  department shall submit a monthly report to the Governor and

 3  the chairs of the Health and Human Services Fiscal

 4  Appropriations Committee of the House of Representatives and

 5  the Ways and Means Committee of the Senate specifying the

 6  funds identified for collection from the noncustodial parents

 7  of children receiving temporary assistance and the amounts

 8  actually collected.

 9         Section 21.  Subsection (4) is added to section

10  409.2572, Florida Statutes, to read:

11         409.2572  Cooperation.--

12         (4)  The Title IV-D agency shall determine whether an

13  applicant for or recipient of public assistance for a

14  dependent child has good cause for failing to cooperate with

15  the Title IV-D agency as required by this section.

16         Section 22.  Section 409.2575, Florida Statutes, is

17  amended to read:

18         409.2575  Liens on motor vehicles and vessels.--

19         (1)  The director of the state IV-D program, or the

20  director's designee, may cause a lien for unpaid and

21  delinquent support to be placed upon motor vehicles, as

22  defined in chapter 320, and upon vessels, as defined in

23  chapter 327, that are registered in the name of an obligor who

24  is delinquent in support payments, if the title to the

25  property is held by a lienholder, in the manner provided in

26  chapter 319 or chapter 328.  Notice of lien shall not be

27  mailed unless the delinquency in support exceeds $600.

28         (2)  If the first lienholder fails, neglects, or

29  refuses to forward the certificate of title to the appropriate

30  department as requested pursuant to s. 319.24 or s. 328.15,

31  the director of the IV-D program, or the director's designee,

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  may apply to the circuit court for an order to enforce the

 2  requirements of s. 319.24 or s. 328.15, whichever applies.

 3         Section 23.  Paragraph (c) of subsection (3) of section

 4  409.2576, Florida Statutes, is amended to read:

 5         409.2576  State Directory of New Hires; definitions;

 6  furnishing reports and data; matches to state registry;

 7  service of deduction notices; national registry; disclosure of

 8  information; rulemaking authority.--

 9         (3)  EMPLOYERS TO FURNISH REPORTS.--

10         (c)  Pursuant to the federal Personal Responsibility

11  and Work Opportunity Reconciliation Act of 1996, each party is

12  required to provide his or her social security number in

13  accordance with this section.  Disclosure of social security

14  numbers obtained through this requirement shall be limited to

15  the purpose of administration of the Title IV-D program for

16  child support enforcement and those programs listed in

17  subsection (9).

18         (9)  DISCLOSURE OF INFORMATION.--

19         (a)  New hire information shall be disclosed to the

20  state agency administering the following programs for the

21  purposes of determining eligibility under those programs:

22         1.  Any state program funded under part A of Title IV

23  of the Social Security Act;

24         2.  The Medicaid program under Title XIX of the Social

25  Security Act;

26         3.  The unemployment compensation program under s. 3304

27  of the Internal Revenue Code of 1954;

28         4.  The food stamp program under the Food Stamp Act of

29  1977; and

30         5.  Any state program under a plan approved under Title

31  I (Old-Age Assistance for the Aged), Title X (Aid to the

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  Blind), Title XIV (Aid to the Permanently and Totally

 2  Disabled), or Title XVI (Aid to the Aged, Blind, or Disabled;

 3  Supplemental Security Income for the Aged, Blind, and

 4  Disabled) of the Social Security Act.

 5         (b)  New hire information shall be disclosed to the

 6  state agencies operating employment security and workers'

 7  compensation programs for the purposes of administering such

 8  programs.

 9         Section 24.  Paragraph (b) of subsection (2) and

10  subsection (3) of section 409.2578, Florida Statutes, are

11  amended to read:

12         409.2578  Access to employment information;

13  administrative fine.--

14         (2)  Prior to imposition of a fine, the department

15  shall issue a written notification of noncompliance.  Failure

16  to comply with the request within 15 days of receipt of the

17  written notification without good cause may result in the

18  agency taking the following actions:

19         (b)  The application by the Title IV-D agency or its

20  designee, to the circuit court for an order court compelling

21  compliance.  The person who is determined to be in

22  noncompliance with the request shall be liable for reasonable

23  attorney's fees and costs associated with the department

24  bringing this action upon showing by the department that the

25  person failed to comply with the request without good cause.

26         (3)  All fines collected pursuant to this section shall

27  be made payable to the Child Support Enforcement Application

28  Fee and Program Revenue Trust Fund.

29         Section 25.  Subsections (1), (3), (4), and (5) of

30  section 409.2579, Florida Statutes, are amended to read:

31         409.2579  Safeguarding Title IV-D case file

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  information.--

 2         (1)  Information concerning applicants for or

 3  recipients of Title IV-D child support services is

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

 5  The use or disclosure of such information by the IV-D program

 6  is limited to purposes directly connected with:

 7         (a)  The administration of the plan or program approved

 8  under part A, part B, part D, part E, or part F of Title IV;

 9  under Title II, Title X, Title XIV, Title XVI, Title XIX, or

10  Title XX; or under the supplemental security income program

11  established under Title XVI of the Social Security Act;

12         (b)  Any investigation, prosecution, or criminal or

13  civil proceeding connected with the administration of any such

14  plan or program;

15         (c)  The administration of any other federal or

16  federally assisted program which provides service or

17  assistance, in cash or in kind, directly to individuals on the

18  basis of need; and

19         (d)  Reporting to an appropriate agency or official,

20  information on known or suspected instances of physical or

21  mental injury, child abuse, sexual abuse or exploitation, or

22  negligent treatment or maltreatment of a child who is the

23  subject of a child support enforcement activity under

24  circumstances which indicate that the child's health or

25  welfare is threatened thereby; and.

26         (e)  Mandatory disclosure of identifying and location

27  information as provided in s. 61.13(9) by the IV-D program

28  when providing Title IV-D services.

29         (3)  As required by federal law, 42 U.S.C. s. 654(26),

30  upon notice that such an order exists, the IV-D program shall

31  not disclose information on the whereabouts of one party or

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  the child to the other party against whom a protective order

 2  with respect to the former party or the child has been

 3  entered.

 4         (4)  As required by federal law, 42 U.S.C. s. 654(26),

 5  the IV-D program shall not disclose information on the

 6  whereabouts of one party or the child to another person party

 7  if the program has reason to believe that the release of

 8  information to that person may result in physical or emotional

 9  harm to the former party or the child.

10         (5)  The Department of Revenue Children and Family

11  Services is authorized to establish, by rule, procedures to

12  implement this section.

13         (6)  Any person who willfully and knowingly violates

14  any of the provisions of this section is guilty of a

15  misdemeanor of the first degree punishable as provided in s.

16  775.082 or s. 775.083.

17         Section 26.  Subsection (7) of section 414.095, Florida

18  Statutes, is amended to read:

19         414.095  Determining eligibility for the WAGES

20  Program.--

21         (7)  CHILD SUPPORT ENFORCEMENT.--As a condition of

22  eligibility for public temporary cash assistance, the family

23  must cooperate with the state agency responsible for

24  administering the child support enforcement program in

25  establishing the paternity of the child, if the child is born

26  out of wedlock, and in obtaining support for the child or for

27  the parent or caretaker relative and the child. Cooperation is

28  defined as:

29         (a)  Assisting in identifying and locating a

30  noncustodial parent and providing complete and accurate

31  information on that parent;

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1         (b)  Assisting in establishing paternity; and

 2         (c)  Assisting in establishing, modifying, or enforcing

 3  a support order with respect to a child of a family member.

 4

 5  This subsection does not apply if the state agency that

 6  administers the child support enforcement program determines

 7  that the parent or caretaker relative has good cause for

 8  failing to cooperate.

 9         Section 27.  Paragraph (a) of subsection (1) of section

10  414.32, Florida Statutes, is amended to read:

11         414.32  Prohibitions and restrictions with respect to

12  food stamps.--

13         (1)  COOPERATION WITH CHILD SUPPORT ENFORCEMENT

14  AGENCY.--

15         (a)  A parent or caretaker relative who receives

16  temporary cash assistance or food stamps on behalf of a child

17  under 18 years of age who has an absent parent is ineligible

18  for food stamps unless the parent or caretaker relative

19  cooperates with the state agency that administers the child

20  support enforcement program in establishing the paternity of

21  the child, if the child is born out of wedlock, and in

22  obtaining support for the child or for the parent or caretaker

23  relative and the child. This paragraph does not apply if the

24  state agency that administers the child support enforcement

25  program determines that the parent or caretaker relative has

26  good cause for failing to cooperate in establishing the

27  paternity of the child.

28         Section 28.  Paragraph (b) of subsection (3) of section

29  443.051, Florida Statutes, is amended to read:

30         443.051  Benefits not alienable; exception, child

31  support intercept.--

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1         (3)  EXCEPTION, CHILD SUPPORT INTERCEPT.--

 2         (b)  The division shall deduct and withhold from any

 3  unemployment compensation otherwise payable to an individual

 4  who owes child support obligations:

 5         1.  The amount specified by the individual to the

 6  division to be deducted and withheld under this section;

 7         2.  The amount determined pursuant to an agreement

 8  submitted to the division under s. 454(20)(B)(i) of the Social

 9  Security Act by the state or local child support enforcement

10  agency; or

11         3.  Any amount otherwise required to be deducted and

12  withheld from such unemployment compensation through legal

13  process as defined in s. 459 s. 462(e) of the Social Security

14  Act.

15         Section 29.  Subsection (2) of section 443.1715,

16  Florida Statutes, is amended to read:

17         443.1715  Disclosure of information; confidentiality.--

18         (2)  DISCLOSURE OF INFORMATION.--Subject to such

19  restrictions as the division prescribes by rule, information

20  declared confidential under this section may be made available

21  to any agency of this or any other state, or any federal

22  agency, charged with the administration of any unemployment

23  compensation law or the maintenance of a system of public

24  employment offices, or the Bureau of Internal Revenue of the

25  United States Department of the Treasury, or the Florida

26  Department of Revenue and information obtained in connection

27  with the administration of the employment service may be made

28  available to persons or agencies for purposes appropriate to

29  the operation of a public employment service or a

30  job-preparatory or career education or training program. The

31  division shall on a quarterly basis, furnish the National

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  Directory of New Hires with information extracts of the

 2  reports required under s. 303(a)(6) of the Social Security Act

 3  (42 U.S.C. s. 503) to be made to the Secretary of Labor

 4  concerning the wages and unemployment compensation paid to

 5  individuals, by such dates, in such format and containing such

 6  information as the Secretary of Health and Human Services

 7  shall specify in regulations. Upon request therefor, the

 8  division shall furnish any agency of the United States charged

 9  with the administration of public works or assistance through

10  public employment, and may furnish to any state agency

11  similarly charged, the name, address, ordinary occupation, and

12  employment status of each recipient of benefits and such

13  recipient's rights to further benefits under this chapter.

14  Except as otherwise provided by law, the receiving agency must

15  retain the confidentiality of such information as provided in

16  this section. The division may request the Comptroller of the

17  Currency of the United States to cause an examination of the

18  correctness of any return or report of any national banking

19  association rendered pursuant to the provisions of this

20  chapter and may in connection with such request transmit any

21  such report or return to the Comptroller of the Currency of

22  the United States as provided in s. 3305(c) of the federal

23  Internal Revenue Code.

24         Section 30.  Subsection (9) of section 455.213, Florida

25  Statutes, is amended to read:

26         455.213  General licensing provisions.--

27         (9)  Pursuant to the federal Personal Responsibility

28  and Work Opportunity Reconciliation Act of 1996, each party is

29  required to provide his or her social security number in

30  accordance with this section.  Disclosure of social security

31  numbers obtained through this requirement shall be limited to

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  the purpose of administration of the Title IV-D program for

 2  child support enforcement and use by the Department of

 3  Business and Professional Regulation, and as otherwise

 4  provided by law.

 5         Section 31.  Section 741.04, Florida Statutes, is

 6  amended to read:

 7         741.04  Marriage license issued.--No county court judge

 8  or clerk of the circuit court in this state shall issue a

 9  license for the marriage of any person unless there shall be

10  first presented and filed with him or her an affidavit in

11  writing, signed by both parties to the marriage, providing the

12  social security numbers or other identification numbers of

13  each party, made and subscribed before some person authorized

14  by law to administer an oath, reciting the true and correct

15  ages of such parties; unless both such parties shall be over

16  the age of 18 years, except as provided in s. 741.0405; and

17  unless one party is a male and the other party is a female.

18  Pursuant to the federal Personal Responsibility and Work

19  Opportunity Reconciliation Act of 1996, each party is required

20  to provide his or her social security number in accordance

21  with this section. However, when an individual is not a

22  citizen of the United States and does not have a social

23  security number, alien registration documentation, or other

24  proof of immigration registration from the United States

25  Immigration and Naturalization Service that contains the

26  individual's alien admission number or alien file number, or

27  such other documents as the state determines constitutes

28  reasonable evidence indicating a satisfactory immigration

29  status, shall be provided in lieu of the social security

30  number.  Disclosure of social security numbers or other

31  identification numbers obtained through this requirement shall

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  be limited to the purpose of administration of the Title IV-D

 2  program for child support enforcement.

 3         Section 32.  Subsection (2) of section 742.032, Florida

 4  Statutes, is amended to read:

 5         742.032  Filing of location information.--

 6         (2)  Beginning July 1, 1997, in any subsequent Title

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

 8  upon sufficient showing that diligent effort has been made to

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

10  jurisdiction shall tribunal may deem state due process

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

12  respect to the party upon delivery of written notice to the

13  most recent residential or employer address filed with the

14  tribunal and State Case Registry under subsection (1).

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

16  child support enforcement action between the parties, the same

17  requirements for service shall apply.

18         Section 33.  Subsection (6) of section 61.14, Florida

19  Statutes, is amended to read:

20         61.14  Enforcement and modification of support,

21  maintenance, or alimony agreements or orders.--

22         (6)(a)1.  When support payments are made through the

23  local depository, any payment or installment of support which

24  becomes due and is unpaid under any support order is

25  delinquent; and this unpaid payment or installment, and all

26  other costs and fees herein provided for, become, after notice

27  to the obligor and the time for response as set forth in this

28  subsection, a final judgment by operation of law, which has

29  the full force, effect, and attributes of a judgment entered

30  by a court in this state for which execution may issue. No

31  deduction shall be made by the local depository from any

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  payment made for costs and fees accrued in the judgment by

 2  operation of law process under paragraph (b) until the total

 3  amount of support payments due the obligee under the judgment

 4  has been paid.

 5         2.  A certified copy of the support order and a

 6  certified statement by the local depository evidencing a

 7  delinquency in support payments constitute evidence of the

 8  final judgment under this paragraph.

 9         3.  The judgment under this paragraph is a final

10  judgment as to any unpaid payment or installment of support

11  which has accrued up to the time either party files a motion

12  with the court to alter or modify the support order, and such

13  judgment may not be modified by the court. The court may

14  modify such judgment as to any unpaid payment or installment

15  of support which accrues after the date of the filing of the

16  motion to alter or modify the support order.  This

17  subparagraph does not prohibit the court from providing relief

18  from the judgment pursuant to Florida Rule of Civil Procedure

19  1.540.

20         (b)1.  When an obligor is 15 days delinquent in making

21  a payment or installment of support, the local depository

22  shall serve notice on the obligor informing him or her of:

23         a.  The delinquency and its amount.

24         b.  An impending judgment by operation of law against

25  him or her in the amount of the delinquency and all other

26  amounts which thereafter become due and are unpaid, together

27  with costs and a fee of $5, for failure to pay the amount of

28  the delinquency.

29         c.  The obligor's right to contest the impending

30  judgment and the ground upon which such contest can be made.

31         d.  The local depository's authority to release

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  information regarding the delinquency to one or more credit

 2  reporting agencies.

 3         2.  The local depository shall serve the notice by

 4  mailing it by first class mail to the obligor at his or her

 5  last address of record with the local depository. If the

 6  obligor has no address of record with the local depository,

 7  service shall be by publication as provided in chapter 49.

 8         3.  When service of the notice is made by mail, service

 9  is complete on the date of mailing.

10         (c)  Within 15 days after service of the notice is

11  complete, the obligor may file with the court that issued the

12  support order, or with the court in the circuit where the

13  local depository which served the notice is located, a motion

14  to contest the impending judgment.  An obligor may contest the

15  impending judgment only on the ground of a mistake of fact

16  regarding an error in whether a delinquency exists, in the

17  amount of the delinquency, or in the identity of the obligor.

18         (d)  The court shall hear the obligor's motion to

19  contest the impending judgment within 15 days after the date

20  of the filing of the motion. Upon the court's denial of the

21  obligor's motion, the amount of the delinquency and all other

22  amounts which thereafter become due, together with costs and a

23  fee of $5, become a final judgment by operation of law against

24  the obligor. The depository shall charge interest at the rate

25  established in s. 55.03 on all judgments for child support.

26         (e)  If the obligor fails to file a motion to contest

27  the impending judgment within the time limit prescribed in

28  paragraph (c) and fails to pay the amount of the delinquency

29  and all other amounts which thereafter become due, together

30  with costs and a fee of $5, such amounts become a final

31  judgment by operation of law against the obligor at the

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  expiration of the time for filing a motion to contest the

 2  impending judgment.

 3         (f)1.  Upon request of any person, the local depository

 4  shall issue, upon payment of a fee of $5, a payoff statement

 5  of the total amount due under the judgment at the time of the

 6  request. The statement may be relied upon by the person for up

 7  to 30 days from the time it is issued unless proof of

 8  satisfaction of the judgment is provided.

 9         2.  When the depository records show that the obligor's

10  account is current, the depository shall record a satisfaction

11  of the judgment upon request of any interested person and upon

12  receipt of the appropriate recording fee.  Any person shall be

13  entitled to rely upon the recording of the satisfaction.

14         3.  The local depository, at the direction of the

15  department, or the obligee in a non-IV-D case, may partially

16  release the judgment as to specific real property, and the

17  depository shall record a partial release upon receipt of the

18  appropriate recording fee.

19         4.  The local depository is not liable for errors in

20  its recordkeeping, except when an error is a result of

21  unlawful activity or gross negligence by the clerk or his or

22  her employees.

23         Section 34.  Section 61.046, Florida Statutes, is

24  amended to read:

25         61.046  Definitions.--As used in this chapter:

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

27  Saturday, Sunday, or legal holiday.

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

29  or "CLERC System" means the automated system established

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

31  and depositories and through which payment data and State Case

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  Registry data is transmitted to the department's automated

 2  child support enforcement system.

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

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

 5  her primary residence.

 6         (4)(2)  "Department" means the Department of Revenue.

 7         (5)(3)  "Depository" means the central governmental

 8  depository established pursuant to s. 61.181, created by

 9  special act of the Legislature or other entity established

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

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

12  handle alimony and child support payments not otherwise

13  required to be processed by the State Disbursement Unit.

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

15  means the automated registry of support order abstracts and

16  other information established and maintained by the United

17  States Department of Health and Human Services as provided by

18  42 U.S.C. s. 653(h).

19         (7)(4)  "Income" means any form of payment to an

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

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

22  independent contractor, worker's compensation, disability

23  benefits, annuity and retirement benefits, pensions,

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

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

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

27  Department of Veterans Affairs disability benefits and

28  unemployment compensation, as defined in chapter 443, are

29  excluded from this definition of income except for purposes of

30  establishing an amount of support.

31         (8)(5)  "IV-D" means services provided pursuant to

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

 2  seq s. 1302.

 3         (9)(6)  "Local officer" means an elected or appointed

 4  constitutional or charter government official including, but

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

 6  court.

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

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

 9         (11)(8)  "Obligee" means the person to whom payments

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

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

12  alimony and child support.

13         (12)(9)  "Obligor" means a person responsible for

14  making payments pursuant to an order establishing, enforcing,

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

16  for alimony and child support.

17         (13)(10)  "Payor" means an employer or former employer

18  or any other person or agency providing or administering

19  income to the obligor.

20         (14)(11)  "Shared parental responsibility" means a

21  court-ordered relationship in which both parents retain full

22  parental rights and responsibilities with respect to their

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

24  major decisions affecting the welfare of the child will be

25  determined jointly.

26         (15)(12)  "Sole parental responsibility" means a

27  court-ordered relationship in which one parent makes decisions

28  regarding the minor child.

29         (16)(13)  "State Case Registry" means the automated a

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

 2  1998. Such records shall consist of data elements as required

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

 4  for information related to paternity and child support orders

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

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

 7  state shall be maintained in the registry.

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

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

10  one central address for collection and disbursement of child

11  support payments made in cases enforced by the department

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

13  not being enforced by the department in which the support

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

15  1, 1994, and in which the obligor's child support obligation

16  is being paid through income deduction order.

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

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

19  competent jurisdiction for the support and maintenance of a

20  child which provides for monetary support, health care,

21  arrearages, or past support.

22         Section 35.  Subsections (1) and (2) and paragraph (a)

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

24  amended to read:

25         61.181  Central depository for receiving, recording,

26  reporting, monitoring, and disbursing alimony, support,

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

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

29  a depository unless the depository is otherwise created by

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

31  1985, a different entity was established to perform such

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

 2  extend participation in the federal child support cost

 3  reimbursement program to the central depository in each

 4  county, to the maximum extent possible under existing federal

 5  law.  The depository shall receive reimbursement for services

 6  provided under a cooperative agreement with the department

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

 8  the State Disbursement Unit and shall implement all statutory

 9  and contractual duties imposed on the State Disbursement Unit.

10  Each depository shall receive from and transmit to the State

11  Disbursement Unit required data through the Clerk of Court

12  Child Support Enforcement Collection System. Payments on

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

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

15  law.

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

17  through the State Disbursement Unit, the depository shall

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

19  recording, reporting, disbursing, monitoring, or handling

20  alimony or child support payments as required under this

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

22  practicable, upon estimated reasonable costs of operation.

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

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

25  percent of the amount of any support payment made in

26  satisfaction of the amount which the party is obligated to

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

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

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

30  be, required to pay.

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  2002 1999, the fee imposed in paragraph (a) shall be increased

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

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

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

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

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

 7  of the additional revenues generated by this paragraph shall

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

 9  Enforcement Collection System Trust Fund administered by the

10  department as provided in subparagraph 2.  These funds shall

11  be used exclusively for the development, implementation, and

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

13  Enforcement Collection Collections System to be operated by

14  the depositories, including the automation of civil case

15  information necessary for the State Case Registry.  The

16  department shall contract with the Florida Association of

17  Court Clerks and Comptrollers and the depositories to design,

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

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

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

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

22  department's obligation to fund the automation of the

23  depositories is limited to the state share of funds available

24  in the Clerk of the Court Child Support Enforcement Collection

25  System Trust Fund.  Each depository created under this section

26  shall fully participate in the Clerk of the Court automated

27  Child Support Enforcement Collection System on or before July

28  1, 1997, and transmit data in a readable format as required by

29  the contract between the Florida Association of Court Clerks

30  and Comptrollers and the department.  The department may at

31  its discretion exempt a depository from compliance with full

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  participation in the automated child support enforcement

 2  collection system.

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

 4  remitted to the department by the depository shall be done

 5  daily by electronic funds transfer and calculated as follows:

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

 7  cents.

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

 9  amount equal to 18.75 percent of the fee charged.

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

11  cents.

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

13  department shall provide the Legislature with estimates of the

14  cost of continuing the collection and maintenance of

15  information required by this act.

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

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

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

19  depository.

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

21  through the State Disbursement Unit, the depository shall

22  collect and distribute all support payments paid into the

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

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

25  accompanied by the required transaction fee, the depository

26  shall not deduct any moneys from the support payment for

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

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

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

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

31  become applicable and operational. As part of its collection

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  and distribution functions, the depository shall maintain

 2  records listing:

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

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

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

 6  number.

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

 8  order.

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

10  order.

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

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

13  of the disbursement.

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

15  in the court order.

16         7.  Other records as necessary to comply with federal

17  reporting requirements.

18         Section 36.  Section 61.1824, Florida Statutes, is

19  created to read:

20         61.1824  State Disbursement Unit.--

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

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

23  contractor responsible directly to the department. The State

24  Disbursement Unit shall be responsible for the collection and

25  disbursement of payments for:

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

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

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  support obligation is being paid through income deduction.

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

 3  coordination with the department's child support enforcement

 4  automated system in Title IV-D cases.

 5         (3)  The State Disbursement Unit shall perform the

 6  following functions:

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

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

 9  unemployment compensation, lottery, and administrative offset

10  intercepts.

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

12  which all income deduction collections are sent.

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

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

15  the amounts available for income deduction in the manner set

16  forth in s. 61.1301.

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

18  for the collection and disbursement of support payments,

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

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

21  states and jurisdictions, and other entities.

22         2.  Timely disbursement of payments to obligees, the

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

24         3.  Accurate identification of payment source and

25  amount.

26         4.  Furnishing any parent, upon request, timely

27  information on the current status of support payments under an

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

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

30  the date the State Disbursement Unit becomes fully

31  operational, the State Disbursement Unit shall not be required

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  to convert and maintain in automated form records of payments

 2  kept pursuant to s. 61.181.

 3         (e)  Information regarding disbursement must be

 4  transmitted in the following manner:

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

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

 7  department, all required information to the department on the

 8  same business day the information is received from the

 9  employer or other source of periodic income, if sufficient

10  information identifying the payee is provided. The department

11  shall determine distribution allocation of a collection and

12  shall electronically transmit that information to the State

13  Disbursement Unit, whereupon the State Disbursement Unit shall

14  disburse the collection. The State Disbursement Unit may delay

15  the disbursement of payments toward arrearages until the

16  resolution of any timely appeal with respect to such

17  arrearages. The State Disbursement Unit may delay the

18  disbursement of Title IV-D collections until authorization by

19  the Title IV-D agency has been received.

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

21  transmitted to the department. The State Disbursement Unit may

22  delay the disbursement of payments toward arrearages until the

23  resolution of any timely appeal with respect to such

24  arrearages.

25         (f)  Reconcile all cash receipts and all disbursements

26  daily and provide the department with a daily reconciliation

27  report in a format as prescribed by the department.

28         (g)  Disburse child support payments to foreign

29  countries as may be required.

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

31  foreign currency.

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

 2  department.

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

 4  or stolen checks, and stop payment orders.

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

 6  in accordance with federal requirements, in a format and

 7  frequency prescribed by the department to persons who pay and

 8  receive child support in Title IV-D cases.

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

10  summarizes and totals all financial transaction activity.

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

12  representatives and an automated voice response system that

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

14  payment information.

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

16  submit payment directly to the central address provided by the

17  State Disbursement Unit, the depositories shall have

18  procedures for accepting a support payment tendered in the

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

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

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

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

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

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

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

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

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

28  the payment to the State Disbursement Unit within 1 business

29  day after receipt.

30         (5)  Obligees receiving payments through the State

31  Disbursement Unit shall inform the State Disbursement Unit of

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  changes in their names and addresses. Notification of all

 2  changes must be made directly to the State Disbursement Unit

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

 4  the State Disbursement Unit shall transmit the information to

 5  the department, in an electronic format prescribed by the

 6  department, within 1 business day after receipt.

 7         Section 37.  Section 61.1825, Florida Statutes, is

 8  created to read:

 9         61.1825  State Case Registry.--

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

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

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

13  for:

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

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

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

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

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

19

20  The department shall maintain that part of the State Case

21  Registry that includes support order information for Title

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

23  automated system.

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

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

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

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

28  electronic format prescribed by the department, the following

29  information to that component of the State Case Registry that

30  receives, maintains, and transmits support order information

31  for non-Title IV-D cases:

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

 2  children;

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

 4  obligee, and child or children;

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

 6  child or children;

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

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

 9  domestic violence or protective action;

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

11  modified;

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

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

14  case number:

15         (g)  The federal information processing system numeric

16  designation for the county and state where the support order

17  was established or modified; and

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

19  States Secretary of Health and Human Services.

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

21  shall provide the support order information required by

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

23  support order information for the State Case Registry at a

24  frequency and in a format prescribed by the department.

25         (4)  The entity that maintains State Case Registry

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

27  information available to the department in a readable and

28  searchable electronic format that is compatible with the

29  department's automated child support enforcement system.

30         (5)  State Case Registry information must be

31  transmitted electronically to the Federal Case Registry of

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  Child Support Orders by the department in a manner and

 2  frequency prescribed by the United States Secretary of Health

 3  and Human Services.

 4         Section 38.  Section 61.1826, Florida Statutes, is

 5  created to read:

 6         61.1826  Procurement of services for State Disbursement

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

 8  Registry; contracts and cooperative agreements; penalties;

 9  withholding payment.--

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

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

12  participants in the establishment, modification, collection,

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

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

15  Legislature further finds and declares that:

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

17  essential role of the clerks of court in disbursing child

18  support payments and maintaining official records of child

19  support orders entered by the courts of this state.

20         (b)  As official recordkeeper for matters relating to

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

22  parties to obtaining, safeguarding, and providing child

23  support payment and support order information.

24         (c)  As provided by the Federal Personal Responsibility

25  and Work Opportunity Reconciliation Act of 1996, the state

26  must establish and operate a State Case Registry in full

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

28  Disbursement Unit by October 1, 1999.

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

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

31  support enforcement program and the temporary assistance for

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  needy families welfare block grant.

 2         (e)  The potential loss of substantial federal funds

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

 4  welfare of the children and citizens of the state and

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

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

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

 8  arrearages owed, liens attached, and current mailing addresses

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

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

11  Clerk of Court Child Support Enforcement Collection System for

12  the automation of all payment processing using state and local

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

14         (h)  The Legislature acknowledges the improvements made

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

16  Support Enforcement Collection System in speeding payments to

17  the children of Florida.

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

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

20  providing essential child support payment information.

21

22  For these reasons, the Legislature hereby directs the

23  Department of Revenue, subject to the provisions of subsection

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

25  and each depository to perform duties with respect to the

26  operation and maintenance of a State Disbursement Unit and the

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

28  provided by this section.

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

30  enter into a standard cooperative agreement with the

31  department for participation in the State Disbursement Unit

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

 2  through the Clerk of Court Child Support Enforcement

 3  Collection System within 60 days after the effective date of

 4  this section. The cooperative agreement shall be a uniform

 5  document, mutually developed by the department and the Florida

 6  Association of Court Clerks, that applies to all depositories

 7  and complies with all state and federal requirements. Each

 8  depository shall also enter into a written agreement with the

 9  Florida Association of Court Clerks and the department within

10  60 days after the effective date of this section that requires

11  each depository to participate fully in the State Disbursement

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

13  Registry.

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

15  shall enter into a written contract with the department that

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

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

18  be mutually developed by the department and the Florida

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

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

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

22  Florida Association of Court Clerks and its totally owned

23  subsidiary corporation, must be procured through competitive

24  bidding.

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

26  contract between the Florida Association of Court Clerks and

27  the department, and cooperative agreements entered into by the

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

29  limited to, the following terms:

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





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

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

 3  department.

 4         (b)  The duties and responsibilities of the Florida

 5  Association of Court Clerks, the depositories, and the

 6  department.

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

 8  subcontractors shall submit to the department directly, or

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

10  monthly expenditures in a format prescribed by the department

11  and in sufficient detail for a proper preaudit and postaudit

12  thereof.

13         (d)  All providers and subcontractors shall submit to

14  the department directly, or through the Florida Association of

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

16  department.

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

18  as may be required.

19         (f)  Federal financial participation for eligible Title

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

21  Clerks and the depositories shall be at the maximum level

22  permitted by federal law for expenditures incurred for the

23  provision of services in support of child support enforcement

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

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

26  annual cost allocation study of each depository. The

27  depositories shall submit directly, or through the Florida

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

29  expenditures monthly to the department in a standardized

30  format as prescribed by the department. The Florida

31  Association of Court Clerks shall contract with a certified

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  public accounting firm, selected by the Florida Association of

 2  Court Clerks and the department, to audit and certify

 3  quarterly to the department all claims for expenditures

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

 5         (g)  Upon termination of the contracts between the

 6  department and the Florida Association of Court Clerks or the

 7  depositories, the Florida Association of Court Clerks, its

 8  agents, and the depositories shall assist the department in

 9  making an orderly transition to a private vendor.

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

11  be in accordance with s. 215.422.

12

13  If either the department or the Florida Association of Court

14  Clerks objects to a term of the standard cooperative agreement

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

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

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

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

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

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

21  Florida Association of Court Clerks.

22         (5)  PERFORMANCE REVIEWS.--As provided by this

23  subsection, the Office of Program Policy Analysis and

24  Government Accountability shall conduct comprehensive

25  performance reviews of the State Disbursement Unit and State

26  Case Registry. In addition to the requirements of chapter 11,

27  the review must include, but not be limited to, an analysis of

28  state and federal requirements, the effectiveness of the

29  current system in meeting those requirements; a cost analysis

30  of the State Disbursement Unit and the non-Title IV-D

31  component of the State Case Registry; a review and comparison

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  of available alternative methodologies as utilized by other

 2  states; and a review of all strategies, including

 3  privatization, to increase the efficiency and cost

 4  effectiveness of the State Disbursement Unit and the non-Title

 5  IV-D component of the State Case Registry. A review must be

 6  completed and a written report submitted to the Governor,

 7  President of the Senate, and the Speaker of the House of

 8  Representatives by October 1, 1999, pertaining to the State

 9  Case Registry and October 1, 2000, pertaining to the State

10  Disbursement Unit, and every 2 years thereafter beginning

11  October 1, 2002, pertaining to both the State Case Registry

12  and the State Disbursement Unit.

13         (6)  CONTRACT TERMINATION.--If any of the following

14  events occur, the department may discontinue its plans to

15  contract, or terminate its contract, with the Florida

16  Association of Court Clerks and the depositories upon 30 days'

17  written notice by the department and may, through competitive

18  bidding, procure services from a private vendor to perform

19  functions necessary for the department to operate the State

20  Disbursement Unit and the non-Title IV-D component of the

21  State Case Registry with a minimum amount of disruption in

22  service to the children and citizens of the state:

23         (a)  Receipt by the department of final notice by the

24  United States Secretary of Health and Human Services or the

25  secretary's designee that the contractual arrangement between

26  the department, the Florida Association of Court Clerks, and

27  the depositories, does not satisfy federal requirements for a

28  State Disbursement Unit or a State Case Registry and that the

29  state's Title IV-D State Plan will not be approved, or that

30  federal Title IV-D funding is not made available to fund the

31  non-Title IV-D component of the State Case Registry or the

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  State Disbursement Unit;

 2         (b)  The Florida Association of Court Clerks, a

 3  depository or any subcontractor fails to comply with any

 4  material contractual term or state or federal requirement;

 5         (c)  The non-Title IV-D component of the State Case

 6  Registry is not established and operational, consistent with

 7  the terms of the contract, by October 1, 1998; or

 8         (d)  The State Disbursement Unit is not established and

 9  operational, consistent with the terms of the contract, by

10  October 1, 1999.

11

12  If either event specified in paragraph (a) occurs, the

13  depositories are relieved of all responsibilities and duties

14  under this chapter relating to Title IV-D payment processing

15  and data transmission to the department.

16         (7)  PARTICIPATION BY DEPOSITORIES.--

17         (a)  Each depository shall participate in the non-Title

18  IV-D component of the State Case Registry by using an

19  automated system compatible with the department's automated

20  child support enforcement system.

21         (b)  For participation in the State Disbursement Unit,

22  each depository shall:

23         1.  Use the CLERC System;

24         2.  Receive electronically and record payment

25  information from the State Disbursement Unit for each support

26  order entered by the court.

27         (8)  TITLE IV-D PROGRAM INCOME.--Pursuant to 45 C.F.R.

28  s. 304.50, all transaction fees and interest income realized

29  by the State Disbursement Unit constitute and must be reported

30  as program income under federal law and must be transmitted to

31  the Title IV-D agency for deposit in the Child Support

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  Enforcement Application and Program Revenue Trust Fund.

 2         (9)  PENALTIES.--All depositories must participate in

 3  the State Disbursement Unit and the non-Title IV-D component

 4  of the State Case Registry as provided in this chapter. If a

 5  depository fails to comply with this requirement or with any

 6  material contractual term or other state or federal

 7  requirement, the failure constitutes misfeasance which

 8  subjects the county officer or officers responsible for the

 9  depository to suspension under Article IV of the State

10  Constitution. The department shall report any continuing acts

11  of misfeasance by a depository to the Governor and Cabinet,

12  and to the Florida Association of Court Clerks.

13         (10)  WITHHOLDING PAYMENT UNDER CONTRACTS.--If the

14  Florida Association of Court Clerks, its agent, a

15  subcontractor, or a depository does not comply with any

16  material contractual term or state or federal requirement, the

17  department may withhold funds otherwise due under the

18  individual contract with the Florida Association of Court

19  Clerks or the individual cooperative agreement with the

20  depository, or both, at the department's election, to enforce

21  compliance. The department shall provide written notice of

22  noncompliance before withholding funds. Within 10 business

23  days after receipt of written notification of noncompliance,

24  the department must be provided with a written proposed

25  corrective action plan. Within 10 business days after receipt

26  of a corrective action plan, the department shall accept the

27  plan or allow 5 business days within which a revised plan may

28  be submitted. Upon the department's acceptance of a corrective

29  action plan, the agreed-upon plan must be fully completed

30  within 30 business days unless a longer period is permitted by

31  the department. If a proposed corrective action plan is not

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1  submitted, is not accepted, or is not fully completed, any

 2  funds withheld by the department for noncompliance are

 3  forfeited to the department. Withholding or forfeiture of

 4  funds may be contested by filing a petition or request for a

 5  hearing under the applicable provisions of chapter 120. For

 6  the purposes of this section, no party to a dispute involving

 7  less than $5,000 in withheld or forfeited funds is deemed to

 8  be substantially affected by the dispute or to have a

 9  substantial interest in the decision resolving the dispute.

10         Section 39.  Subsection (1) and paragraph (b) of

11  subsection (2) of section 382.013, Florida Statutes, as

12  amended by chapter 97-170, Laws of Florida, is hereby

13  repealed.

14         Section 40.  This act shall take effect July 1, 1998,

15  except that section 1 shall take effect October 1, 1998.

16

17

18  ================ T I T L E   A M E N D M E N T ===============

19  And the title is amended as follows:

20         Delete everything before the enacting clause

21

22  and insert:

23                      A bill to be entitled

24         An act relating to social welfare; creating s.

25         414.103, F.S.; providing for drug testing under

26         the "Work and Gain Economic Self-sufficiency

27         (WAGES) Act" for illegal use of controlled

28         substances; providing legislative intent and

29         findings; directing the Department of Children

30         and Family Services to implement a program to

31         screen and test WAGES Program applicants;

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1         requiring certain notice; providing procedures

 2         for screening, testing, retesting, and appeal

 3         of test results; providing for notice of local

 4         substance abuse programs; requiring the

 5         department to provide a rehabilitation

 6         treatment program for certain persons;

 7         specifying circumstances resulting in

 8         termination of temporary assistance or

 9         services; providing limitations; providing for

10         rules; amending s. 61.13, F.S.; requiring child

11         support orders to apportion certain medical

12         expenses; providing requirements for notice and

13         service of process; amending s. 61.1301, F.S.;

14         revising provisions relating to income

15         deduction orders and notices; amending s.

16         61.181, F.S.; requiring evaluation of certain

17         child support enforcement demonstration

18         projects; requiring a report; amending s.

19         61.30, F.S.; requiring certain information to

20         accompany child support determinations;

21         providing a limitation on retroactive awards;

22         amending s. 69.041, F.S.; authorizing

23         Department of Revenue participation in mortgage

24         foreclosures based upon interests in a child

25         support lien; amending ss. 319.24 and 409.2575,

26         F.S.; authorizing the director of the state

27         child support enforcement program to delegate

28         certain responsibilities with respect to motor

29         vehicle liens; amending s. 319.32, F.S.;

30         providing a fee for motor vehicle liens;

31         amending ss. 372.561 and 372.57, F.S.;

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1         requiring applicants for certain game and

 2         freshwater fish licenses to provide social

 3         security numbers; amending s. 372.574, F.S.;

 4         providing for confidentiality of records

 5         contained in records of subagents; amending s.

 6         382.008, F.S.; requiring death and fetal death

 7         registrations to include social security

 8         numbers, if available; restricting use of such

 9         numbers; amending s. 382.013, F.S.; providing

10         for certain use of birth registration

11         information; providing certain notice relating

12         to paternity affidavits; amending s. 409.2557,

13         F.S.; providing specific rulemaking authority;

14         creating s. 409.2558, F.S.; providing for the

15         department's distribution and disbursement of

16         child support payments; creating s. 409.2559,

17         F.S.; providing for establishment of a state

18         disbursement unit; amending s. 409.2561, F.S.,

19         relating to child support obligations when

20         public assistance is paid; amending s.

21         409.2564, F.S., relating to subpoenas in child

22         support actions; providing for challenges;

23         providing for enforcement; providing for fines;

24         amending s. 409.25641, F.S.; providing for

25         processing of automated administrative

26         enforcement requests; creating s. 409.25658,

27         F.S.; providing for use of certain unclaimed

28         property for past-due child support; providing

29         duties of the department and the Department of

30         Banking and Finance; providing for notice and

31         hearings; amending ss. 409.2567, 409.2578, and

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1         443.051, F.S.; correcting and conforming

 2         references; amending ss. 409.2572, 414.095, and

 3         414.32, F.S.; providing for determinations of

 4         good cause for failure to cooperate with the

 5         child support enforcement agency; amending ss.

 6         409.2576 and 455.213, F.S.; clarifying

 7         conditions for disclosure of social security

 8         numbers; amending s. 409.2579, F.S.; revising

 9         provisions which limit or prohibit disclosure

10         of the identity and whereabouts of certain

11         persons; providing a penalty; amending s.

12         443.1715, F.S., relating to disclosure of wage

13         and unemployment compensation information;

14         amending s. 741.04, F.S., relating to

15         information required for issuance of a marriage

16         license; amending s. 742.032, F.S., relating to

17         requirements for notice and service of process;

18         amending s. 61.14, F.S.; prohibiting deductions

19         by local depositories for certain costs and

20         fees until the total due the obligee has been

21         paid; amending s. 61.046, F.S.; revising

22         definitions; amending s. 61.181, F.S.;

23         providing for processing of certain central

24         depository payments through the Department of

25         Revenue's State Disbursement Unit; continuing a

26         fee through a specified date; providing for the

27         use of funds; creating s. 61.1824, F.S.;

28         providing for a State Disbursement Unit;

29         providing responsibilities; creating s.

30         61.1825, F.S.; providing for operation of a

31         State Case Registry; providing requirements;

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 271, 1st Eng.

    Amendment No.    





 1         creating s. 61.1826, F.S.; providing

 2         legislative findings; providing for department

 3         cooperative agreements and contracts for

 4         operation of the State Disbursement Unit and

 5         the non-Title IV-D component of the State Case

 6         Registry; providing contract requirements;

 7         providing for performance reviews; requiring a

 8         report; providing for termination of contracts

 9         under specified conditions; providing for

10         report of program income; providing penalties;

11         authorizing the department to withhold funds

12         for noncompliance with contractual terms;

13         requiring notice; providing for a corrective

14         action plan; repealing s. 382.013(1) and

15         (2)(b), F.S., as amended by ch. 97-170, Laws of

16         Florida, to clarify legislative intent with

17         respect to conflicting enactments; providing

18         effective dates.

19

20

21

22

23

24

25

26

27

28

29

30

31

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