House Bill 0271e2

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                                  CS/CS/HB 271, Second Engrossed/C



  1                      A bill to be entitled

  2         An act relating to social welfare; providing

  3         legislative intent and findings; providing for

  4         demonstration projects to be implemented which

  5         require drug screening and possibly drug

  6         testing for individuals who apply for temporary

  7         assistance or services under the "Work and Gain

  8         Economic Self-sufficiency (WAGES) Act";

  9         providing for expiration of the demonstration

10         projects unless reauthorized by the

11         Legislature; directing the Department of

12         Children and Family Services to implement the

13         demonstration projects in specified local WAGES

14         coalitions; requiring certain notice; providing

15         procedures for screening, testing, retesting,

16         and appeal of test results; providing for

17         notice of local substance abuse programs;

18         providing that, if a parent is deemed

19         ineligible due to a failure of a drug test, the

20         eligibility of the children of the parent will

21         not be affected; requiring the department to

22         provide for substance abuse treatment programs

23         for certain persons; giving the Department of

24         Children and Family Services rulemaking

25         authority; specifying circumstances resulting

26         in termination of temporary assistance or

27         services; requiring the department and the

28         local WAGES coalitions to evaluate the

29         demonstration projects and report to the WAGES

30         Program State Board of Directors and the

31         Legislature; providing that, in the event of


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  1         conflict, federal requirements and regulations

  2         control; providing for a substance abuse

  3         treatment program, subject to the availability

  4         of funding; amending s. 61.13, F.S.; requiring

  5         child support orders to apportion certain

  6         medical expenses; providing requirements for

  7         notice and service of process; amending s.

  8         61.1301, F.S.; revising provisions relating to

  9         income deduction orders and notices; amending

10         s. 61.181, F.S.; requiring evaluation of

11         certain child support enforcement demonstration

12         projects; requiring a report; amending s.

13         61.30, F.S.; requiring certain information to

14         accompany child support determinations;

15         providing a limitation on retroactive awards;

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

17         Department of Revenue participation in mortgage

18         foreclosures based upon interests in a child

19         support lien; amending ss. 319.24 and 409.2575,

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

21         child support enforcement program to delegate

22         certain responsibilities with respect to motor

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

24         providing a fee for motor vehicle liens;

25         amending ss. 372.561 and 372.57, F.S.;

26         requiring applicants for certain game and

27         freshwater fish licenses to provide social

28         security numbers; amending s. 372.574, F.S.;

29         providing for confidentiality of records

30         contained in records of subagents; amending s.

31         382.008, F.S.; requiring death and fetal death


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  1         registrations to include social security

  2         numbers, if available; restricting use of such

  3         numbers; amending s. 382.013, F.S.; providing

  4         for certain use of birth registration

  5         information; providing certain notice relating

  6         to paternity affidavits; amending s. 409.2557,

  7         F.S.; providing specific rulemaking authority;

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

  9         department's distribution and disbursement of

10         child support payments; creating s. 409.2559,

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

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

13         relating to child support obligations when

14         public assistance is paid; amending s.

15         409.2564, F.S., relating to subpoenas in child

16         support actions; providing for challenges;

17         providing for enforcement; providing for fines;

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

19         processing of automated administrative

20         enforcement requests; creating s. 409.25658,

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

22         property for past-due child support; providing

23         duties of the department and the Department of

24         Banking and Finance; providing for notice and

25         hearings; amending ss. 409.2567, 409.2578, and

26         443.051, F.S.; correcting and conforming

27         references; amending ss. 409.2572, 414.095, and

28         414.32, F.S.; providing for determinations of

29         good cause for failure to cooperate with the

30         child support enforcement agency; amending ss.

31         409.2576 and 455.213, F.S.; clarifying


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  1         conditions for disclosure of social security

  2         numbers; amending s. 409.2579, F.S.; revising

  3         provisions which limit or prohibit disclosure

  4         of the identity and whereabouts of certain

  5         persons; providing a penalty; amending s.

  6         443.1715, F.S., relating to disclosure of wage

  7         and unemployment compensation information;

  8         amending s. 741.04, F.S., relating to

  9         information required for issuance of a marriage

10         license; amending s. 742.032, F.S., relating to

11         requirements for notice and service of process;

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

13         by local depositories for certain costs and

14         fees until the total due the obligee has been

15         paid; amending s. 61.046, F.S.; revising

16         definitions; amending s. 61.181, F.S.;

17         providing for processing of certain central

18         depository payments through the Department of

19         Revenue's State Disbursement Unit; continuing a

20         fee through a specified date; providing for the

21         use of funds; creating s. 61.1824, F.S.;

22         providing for a State Disbursement Unit;

23         providing responsibilities; creating s.

24         61.1825, F.S.; providing for operation of a

25         State Case Registry; providing requirements;

26         creating s. 61.1826, F.S.; providing

27         legislative findings; providing for department

28         cooperative agreements and contracts for

29         operation of the State Disbursement Unit and

30         the non-Title IV-D component of the State Case

31         Registry; providing contract requirements;


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                                  CS/CS/HB 271, Second Engrossed/C



  1         providing for performance reviews; requiring a

  2         report; providing for termination of contracts

  3         under specified conditions; providing for

  4         report of program income; providing penalties;

  5         authorizing the department to withhold funds

  6         for noncompliance with contractual terms;

  7         requiring notice; providing for a corrective

  8         action plan; repealing s. 382.013(1) and

  9         (2)(b), F.S., as amended by ch. 97-170, Laws of

10         Florida, to clarify legislative intent with

11         respect to conflicting enactments; providing

12         effective dates.

13

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

15

16         Section 1.  Legislative intent and findings.--

17         (1)  It is the intent of the Legislature that the

18  provisions of this act enhance the employability of

19  participants in the WAGES Program through drug screening,

20  testing, and treatment.

21         (2)  The Legislature finds that there is a perception

22  on the part of employers that the individuals who receive

23  temporary assistance or services under the WAGES Program are

24  likely to use drugs, and that such perception adds to the

25  difficulties such individuals have in securing employment.

26         (3)  The Legislature also finds that the failure of

27  individuals to achieve the independence provided by gainful

28  employment results in welfare costs that burden the state's

29  taxpayers.

30         (4)  The Legislature further finds that drug use

31  adversely effects a significant portion of the workforce,


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  1  which results in billions of dollars of lost productivity each

  2  year and poses a threat to the safety of the workplace and to

  3  public safety and security.

  4         (5)  In balancing the interests of taxpayers,

  5  participants in the WAGES Program, and potential employers

  6  against the interests of those who will be screened and tested

  7  under this act, the Legislature finds that drug screening,

  8  testing, and treatment as provided for in this act are in the

  9  greater interests of all concerned.

10         Section 2.  Drug testing and screening program;

11  procedures.--

12         (1)  The Department of Children and Family Services, in

13  consultation with local WAGES coalitions 3 and 8, shall

14  develop and, as soon as possible after January 1, 1999,

15  implement a demonstration project in WAGES regions 3 and 8 to

16  screen each applicant and test applicants for temporary cash

17  assistance provided under chapter 414, Florida Statutes, who

18  the department has reasonable cause to believe, based on the

19  screening, engage in illegal use of controlled substances.

20  Unless reauthorized by the Legislature, this demonstration

21  project expires June 30, 2001. As used in this act, the term

22  "applicant" means an individual who first applies for

23  assistance or services under the WAGES Program. Screening and

24  testing for the illegal use of controlled substances is not

25  required if the individual reapplies during any continuous

26  period in which the individual receives assistance or

27  services. However, an individual may volunteer for drug

28  testing and treatment if funding is available.

29         (2)  Under the demonstration project the Department of

30  Children and Family Services shall:

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  1         (a)  Provide notice of drug screening and the potential

  2  for possible drug testing to each applicant at the time of

  3  application. The notice must advise the applicant that drug

  4  screening and possibly drug testing will be conducted as a

  5  condition for receiving temporary assistance or services under

  6  chapter 414, Florida Statutes, and shall specify the

  7  assistance or services that are subject to this requirement.

  8  The notice must also advise the applicant that a prospective

  9  employer may require the applicant to submit to a

10  pre-employment drug test. The applicant shall be advised that

11  the required drug screening and possible drug testing may be

12  avoided if the applicant does not apply for or receive

13  assistance or services. The drug screening and testing program

14  is not applicable in child-only cases.

15         (b)  Develop a procedure for drug screening and

16  conducting drug testing of applicants for temporary assistance

17  or services under the WAGES Program.

18         (c)  Provide a procedure to advise each person to be

19  tested, before the test is conducted, that he or she may, but

20  is not required to, advise the agent administering the test of

21  any prescription or over-the-counter medication he or she is

22  taking.

23         (d)  Require each person to be tested to sign a written

24  acknowledgment that he or she has received and understood the

25  notice and advice provided under paragraphs (a) and (c).

26         (e)  Provide a procedure to assure each person being

27  tested a reasonable degree of dignity while producing and

28  submitting a sample for drug testing, consistent with the

29  state's need to ensure the reliability of the sample.

30

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  1         (f)  Specify circumstances under which a person who

  2  fails a drug test has the right to take one or more additional

  3  tests.

  4         (g)  Provide a procedure for appealing the results of a

  5  drug test by a person who fails a test and for advising the

  6  appellant that he or she may, but is not required to, advise

  7  appropriate staff of any prescription or over-the-counter

  8  medication he or she has been taking.

  9         (h)  Notify each person who fails a drug test of the

10  local substance abuse treatment programs that may be available

11  to such person.

12         Section 3.  Children.--

13         (1)  If a parent is deemed ineligible for cash

14  assistance due to the failure of a drug test under this act,

15  his or her dependent child's eligibility for cash assistance

16  is not affected.

17         (2)  If a parent is deemed ineligible for cash

18  assistance due to the failure of a drug test, an appropriate

19  protective payee will be established for the benefit of the

20  child.

21         (3)  If the parent refuses to cooperate in establishing

22  an appropriate protective payee for the child, the Department

23  of Children and Family Services will appoint one.

24         Section 4.  Treatment.--

25         (1)  Subject to the availability of funding, the

26  Department of Children and Family Services shall provide a

27  substance-abuse-treatment program for a person who fails a

28  drug test conducted under this act and is eligible to receive

29  temporary assistance or services under the WAGES Program. The

30  department shall provide for a retest at the end of the

31  treatment period. Failure to pass the retest will result in


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                                  CS/CS/HB 271, Second Engrossed/C



  1  the termination of temporary assistance or services provided

  2  under chapter 414, Florida Statutes, and of any right to

  3  appeal the termination.

  4         (2)  The Department of Children and Family Services

  5  shall develop rules regarding the disclosure of information

  6  concerning applicants who enter treatment, including the

  7  requirement that applicants sign a consent to release

  8  information to the Department of Children and Family Services

  9  or the Department of Labor and Employment Security, as

10  necessary, as a condition of entering the treatment program.

11         (3)  The Department of Children and Family Services may

12  develop rules for assessing the status of persons formerly

13  treated under this act who reapply for assistance or services

14  under the WAGES act as well as the need for drug testing as a

15  part of the reapplication process.

16         Section 5.  Evaluations and recommendations.--

17         (1)  The Department of Children and Family Services, in

18  conjunction with the local WAGES coalitions in service areas 3

19  and 8, shall conduct a comprehensive evaluation of the

20  demonstration projects operated under this act. By January 1,

21  2000, the department, in conjunction with the local WAGES

22  coalitions involved, shall report to the WAGES Program State

23  Board of Directors and to the Legislature on the status of the

24  initial implementation of the demonstration projects and shall

25  specifically describe the problems encountered and the funds

26  expended during the first year of operation.

27         (2)  By January 1, 2001, the department, in conjunction

28  with the local WAGES coalitions involved, shall provide a

29  comprehensive evaluation to the WAGES Program State Board of

30  Directors and to the Legislature, which must include:

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  1         (a)  The impact of the drug screening and testing

  2  program on employability, job placement, job retention, and

  3  salary levels of program participants.

  4         (b)  Recommendations, based in part on a cost and

  5  benefit analysis, as to the feasibility of expanding the

  6  program to other local WAGES service areas, including specific

  7  recommendations for implementing such expansion of the

  8  program.

  9         Section 6.  In the event of a conflict between the

10  implementation procedures described in this program and

11  federal requirements and regulations, federal requirements and

12  regulations shall control.

13         Section 7.  From the funds appropriated in Specific

14  Appropriations 361, Grants and Aid - Community Substance Abuse

15  Services, and 1892, Grants and Aid - WAGES Coalitions, the

16  Department of Children and Family Services and the WAGES

17  Program State Board of Directors, in consultation with the

18  Department of Labor and Employment Security, shall provide a

19  substance abuse treatment program for a person who fails a

20  drug test conducted under this act and is eligible to receive

21  temporary assistance or services under the WAGES Program. The

22  Department of Children and Family Services shall provide for a

23  retest at the end of the treatment period. Failure to pass the

24  retest will result in the termination of temporary assistance

25  or services provided under chapter 414, Florida Statutes, and

26  of any right to appeal the termination. Implementation of this

27  project is subject to the availability of funding.

28         Section 8.  Paragraph (b) of subsection (1) and

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

30  Statutes, are amended to read:

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  1         61.13  Custody and support of children; visitation

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

  3         (1)

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

  5  provision for health insurance for the minor child when the

  6  insurance is reasonably available.  Insurance is reasonably

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

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

  9  obligor either to provide health insurance coverage or to

10  reimburse the obligee for the cost of health insurance

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

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

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

14  prescription medication expenses of the child, to both parties

15  by adding the cost to the basic obligation determined pursuant

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

17  medical, dental, and prescription medication expenses of the

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

19  basis.

20         (9)

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

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

23  upon sufficient showing that diligent effort has been made to

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

25  jurisdiction shall the tribunal may deem state due process

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

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

28  most recent residential or employer address filed with the

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

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

31


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  1  child support enforcement action between the parties, the same

  2  requirements for service shall apply.

  3         Section 9.  Section 61.1301, Florida Statutes, is

  4  amended to read:

  5         61.1301  Income deduction orders.--

  6         (1)  ISSUANCE IN CONJUNCTION WITH REQUIREMENT FOR

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

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

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

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

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

12  temporary order, the court shall enter a separate order

13  include provisions for income deduction if one has not been

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

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

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

17  the obligation directs shall direct that payments be made

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

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

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

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

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

23  order establishing, enforcing, or modifying the obligation.

24         1.  In Title IV-D cases, the Title IV-D agency may

25  implement income deduction after receiving a copy of an order

26  from the court under this paragraph or a forwarding agency

27  under UIFSA, URESA, or RURESA by issuing an income deduction

28  notice to the payor.

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

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

31  income deduction requirement or upon a separate income


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  1  deduction order. The income deduction notice must contain the

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

  3  income deduction notice must contain the following information

  4  from the income deduction order upon which the notice is

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

  6  the date entered.

  7         3.  Payors shall deduct support payments from income,

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

  9  provided under paragraph (2)(e).

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

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

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

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

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

15  be implemented by serving an income deduction notice upon the

16  payor.

17         5.2.  If a support order entered before January 1,

18  1994, October 1, 1996, in a non-Title IV-D case does not

19  specify income deduction, income deduction may be initiated

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

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

22  case the obligee may implement income deduction by serving a

23  notice of delinquency on the obligor as provided for under

24  paragraph (f).

25         (b)  Provisions for income deduction. The income

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

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

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

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

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

31  order.


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

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

  3  the periodic amount specified in the order establishing,

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

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

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

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

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

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

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

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

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

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

14  arrearage reported in the income deduction notice or the

15  remaining balance thereof, and forward the payment to the

16  governmental depository.  For purposes of this subparagraph,

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

18  compensation and which is in addition to any amounts

19  contracted for or otherwise legally due and shall not include

20  any commission payments due an obligor; and

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

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

23         (c)  The income deduction order is effective

24  immediately unless the court upon good cause shown finds that

25  the income deduction order shall be effective upon a

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

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

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

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

30         1.  Explain why implementing immediate income deduction

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


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

  2  ordered obligation without an income deduction order in cases

  3  of modification; and

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

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

  6  and health insurance; or

  7         b.  There is a signed written agreement providing an

  8  alternative arrangement between the obligor and the obligee

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

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

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

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

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

14  further order of the court.

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

16  orders the income deduction to be effective immediately, the

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

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

19  order.  The statement shall state:

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

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

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

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

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

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

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

27         3.  That the income deduction order notice applies to

28  current and subsequent payors and periods of employment.

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

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

31  on the obligor's payor or payors.


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  1         5.  That enforcement of the income deduction order

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

  3  regarding the amount owed pursuant to the order establishing,

  4  enforcing, or modifying the obligation, the arrearages, or the

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

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

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

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

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

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

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

12  income deduction to be effective upon a delinquency as

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

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

15  income deduction by serving a notice of delinquency on the

16  obligor under this subsection.

17         1.  The notice of delinquency shall state:

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

19  modifying the obligation.

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

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

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

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

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

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

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

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

28  303(b) of the Consumer Credit Protection Act, 15 U.S.C. s.

29  1673(b), as amended.

30         e.  That the income deduction order notice applies to

31  current and subsequent payors and periods of employment.


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

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

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

  4  income deduction notice, unless the obligor applies to the

  5  court to contest enforcement of the income deduction. The

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

  7  notice of delinquency was served.

  8         g.  That enforcement of the income deduction order

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

10  regarding the amount owed pursuant to the order establishing,

11  enforcing, or modifying the obligation, the amount of

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

13  obligee.

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

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

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

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

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

19  agency instead of to the obligee.

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

21  delinquency does not preclude subsequent service of the income

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

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

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

25  not owed.

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

27  may apply to the court to:

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

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

30  termination of the support provisions in the underlying order;

31  or


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  1         2.  Modify the amount of income deducted when the

  2  arrearage has been paid.

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

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

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

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

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

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

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

10  deduction pursuant to paragraph (c).

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

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

13  prescribed in the Florida Rules of Civil Procedure for service

14  upon parties.

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

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

17  return receipt requested, or in the manner prescribed in

18  chapter 48.

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

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

21  enforcement of the income deduction on the ground of mistake

22  of fact regarding the amount owed pursuant to an order

23  establishing, enforcing, or modifying an obligation for

24  alimony, for child support, or for alimony and child support,

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

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

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

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

29  pleading shall stay the service of an income deduction order

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

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


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  1  made as to whether enforcement of the income deduction order

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

  3  obligor upon entry issuance of an income deduction order

  4  notice shall not preclude service of the income deduction

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

  6  the obligor's payor.

  7         2.  When an obligor timely requests a hearing to

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

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

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

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

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

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

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

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

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

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

18  payor.

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

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

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

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

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

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

25  delinquency, shall also be furnished to the obligor.

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

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

28  notice shall contain only information necessary for the payor

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

30  notice shall:

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


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

  2  income the amount specified in the order providing for income

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

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

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

  6  amount actually deducted plus all administrative charges shall

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

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

  9         3.  Instruct the payor to implement income deduction no

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

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

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

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

14  deduction notice to the obligor's pay cycle;

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

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

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

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

19  totally or partially satisfies the periodic amount specified

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

21  deduction notice, and the specific date each deduction is

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

23  shall make these notifications to the agency instead of the

24  obligee;

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

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

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

28  and reasonable attorney's fees;

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

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

31


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

  2  deduction thereafter;

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

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

  5  delinquency the notice of delinquency, are binding on the

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

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

  8  obligor;

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

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

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

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

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

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

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

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

17  notifications to the agency instead of to the obligee.

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

19  whichever is enforcing the income deduction order;

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

21  employ, or take disciplinary action against an obligor because

22  of the requirement for an income deduction notice and shall

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

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

25  $500 for any subsequent violation. Penalties shall be paid to

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

27  income deduction notice, if any alimony or child support

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

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

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

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


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  1  employ, discharges, or otherwise disciplines an obligor

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

  3  to reinstatement and all wages and benefits lost, plus

  4  reasonable attorney's fees and costs incurred;

  5         11.  Inform the payor that the requirement for income

  6  deduction notice has priority over all other legal processes

  7  under state law pertaining to the same income and that

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

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

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

11  sum paid;

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

13  notices to payor or income deduction notices requiring that

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

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

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

17  payments attributable to each obligor are clearly identified;

18  and

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

20  than one notice to payor or income deduction notice against

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

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

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

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

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

26  amounts available for income deduction as provided in

27  subsection (4).

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

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

30  contest the continued enforcement of the income deduction on

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


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

  2  application does not affect the continued enforcement of the

  3  income deduction until the court enters an order granting

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

  5  released from liability for improper receipt of moneys

  6  pursuant to an income deduction order upon return to the

  7  appropriate party of any moneys received.

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

  9  income deduction order against an obligor's successor payor

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

11  this section for the enforcement of an income deduction order

12  against a payor.

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

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

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

16  request the agency responsible for income deduction in the

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

18  shall contain all information necessary to enforce the income

19  deduction order, including the amount to be periodically

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

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

22  applicable.

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

24  responsible for income deduction in another state to enforce

25  an income deduction order against a payor located in this

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

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

28  shall act promptly pursuant to the applicable provisions of

29  this section.

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

31  deduction order enforced against a payor located in this state


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

  2  services by the agency responsible for income deduction in

  3  another state terminates his or her relationship with his or

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

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

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

  7  known.

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

  9  govern the procedural aspects of income deduction whenever the

10  agency responsible for income deduction in another state

11  requests the enforcement of an income deduction order in this

12  state.

13         b.  Except with respect to when withholding must be

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

15  establishing, enforcing, or modifying the obligation was

16  entered, the substantive law of this state shall apply

17  whenever the agency responsible for income deduction in

18  another state requests the enforcement of an income deduction

19  in this state.

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

21  responsible for income deduction in another state to implement

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

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

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

25  state initiates an income deduction request on behalf of an

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

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

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

29  interstate income deduction documents, or an affidavit of such

30  request when the income deduction documents are not available,

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


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

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

  3  depository created pursuant to s. 61.181 shall accept the

  4  interstate income deduction documents or affidavit and shall

  5  establish an account for the receipt and disbursement of child

  6  support or child support and alimony payments and advise the

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

  8  after receipt of the documents or affidavit.

  9         (i)  Certified copies of payment records maintained by

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

11  evidence in any legal proceeding in this state.

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

13  take disciplinary action against an employee because of the

14  enforcement of an income deduction order.  An employer who

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

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

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

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

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

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

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

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

23  discharges, or otherwise disciplines an employee because of an

24  income deduction order.  The employee is entitled to

25  reinstatement and all wages and benefits lost plus reasonable

26  attorney's fees and costs incurred.

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

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

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

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

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


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

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

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

  4  agency, whichever is enforcing the income deduction order.

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

  6  section may be used to collect arrearages in child support

  7  payments or in alimony payments which have been accrued

  8  against an obligor.

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

10  notice against the same obligor, the court shall allocate

11  amounts available for income deduction must be allocated among

12  all obligee families as follows:

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

14  all obligations must be converted to a common payroll

15  frequency and determine the percentage of deduction allowed

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

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

18  shall determine The amount of income available for deduction

19  is determined by multiplying that percentage figure by the

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

21  support obligations.

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

23  families is less than the amount of income available for

24  deduction, the full amount of each obligation must be

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

26  amount of income available for deduction, the court shall

27  order that the full amount of each obligation shall be

28  deducted.

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

30  families is greater than the amount of income available for

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


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

  2  allocated a percentage of the amount deducted. The percentage

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

  4  current support obligation by the total of all current support

  5  obligations. If the total of all current support obligations

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

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

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

  9  allocated a percentage of the remaining income available for

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

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

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

13  obligations is greater than the amount of income available for

14  deduction, the court shall determine a prorated percentage for

15  each support obligation by dividing each obligation by the sum

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

17  determine the prorated deduction amount for each support

18  obligation by multiplying the prorated percentage for each

19  support obligation by the amount of income available for

20  deduction. The court shall then order that the resultant

21  amount for each support obligation shall be deducted from the

22  obligor's income.

23         Section 10.  Section 63.181, Florida Statutes, is

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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  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 as

  7  provided by federal law.

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

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

10  disbursing, monitoring, or handling alimony or child support

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

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

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

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

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

16  support payment made in satisfaction of the amount which the

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

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

19  considered by the court in determining the amount of support

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

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

22  1999, the fee imposed in paragraph (a) shall be increased to 4

23  percent of the support payments which the party is obligated

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

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

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

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

28  the additional revenues generated by this paragraph shall be

29  remitted monthly to the Clerk of the Court Child Support

30  Enforcement Collection System Trust Fund administered by the

31  department as provided in subparagraph 2.  These funds shall


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  1  be used exclusively for the development, implementation, and

  2  operation of an automated child support enforcement

  3  collections system to be operated by the depositories.  The

  4  department shall contract with the Florida Association of

  5  Court Clerks and Comptrollers and the depositories to design,

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

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

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

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

10  depository created under this section shall fully participate

11  in the automated child support enforcement collection system

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

13  format as required by the contract between the Florida

14  Association of Court Clerks and Comptrollers and the

15  department.  The department may at its discretion exempt a

16  depository from compliance with full participation in the

17  automated child support enforcement collection system.

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

19  remitted to the department by the depository shall be done

20  daily by electronic funds transfer and calculated as follows:

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

22  cents.

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

24  amount equal to 18.75 percent of the fee charged.

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

26  cents.

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

28  department shall provide the Legislature with estimates of the

29  cost of continuing the collection and maintenance of

30  information required by this act.

31


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

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

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

  4  depository.

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

  6  support payments paid into the depository to the appropriate

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

  8  case is made which is not accompanied by the required

  9  transaction fee, the depository shall not deduct any moneys

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

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

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

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

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

15  operational. As part of its collection and distribution

16  functions, the depository shall maintain records listing:

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

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

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

20  number.

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

22  order.

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

24  order.

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

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

27  of the disbursement.

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

29  in the court order.

30         7.  Other records as necessary to comply with federal

31  reporting requirements.


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

  2  complete an information form, which shall request the

  3  following about the payor or obligor who provides payment by

  4  check:

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

  6         2.  Driver's license number.

  7         3.  Social security number.

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

  9  obligor's employer.

10         5.  Date of birth.

11         6.  Weight and height.

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

13  State Attorney if prosecution for an insufficient check

14  becomes necessary.

15

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

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

18  personal checks from the payor or obligor.

19         (c)  Parties using the depository for support payments

20  shall inform the depository of changes in their names or

21  addresses. An obligor shall, additionally, notify the

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

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

24  amounts of income received. Notification of all changes shall

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

26  change.

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

28  custodial parent who is entitled to receive child support

29  moneys from the depository to a licensed or registered

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

31  court an order directing child support payments which would


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  1  otherwise be distributed to the custodial parent be

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

  3  child by the agency.  Thereafter, payments shall be

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

  5  parent until further order of the court.

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

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

  8  identifies all delinquent accounts, the period of delinquency,

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

10  alphabetical order by name of obligor, shall include the

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

12  cost to the IV-D agency.

13         (5)  The depository shall accept a support payment

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

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

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

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

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

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

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

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

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

23  depository shall disburse the proceeds to the obligee within 2

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

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

26  Notwithstanding the provisions of s. 28.243, the administrator

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

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

29         (6)  Certified copies of payment records maintained by

30  a depository shall without further proof be admitted into

31  evidence in any legal proceeding in this state.


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

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

  3  61.1301, for each payment received and forwarded to the

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

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

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

  7  provide the date the deduction was made.

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

  9  provide information required by this chapter to be transmitted

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

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

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

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

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

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

16         (10)  Compliance with the requirements of this section

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

18  pursuant to s. 11.45.

19         (11)  The Office of Program Policy Analysis and

20  Government Accountability shall conduct a program audit of the

21  central child support enforcement depositories operating

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

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

24  requirements for the child support enforcement depository and

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

26  distribution system to meet those requirements; a cost

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

28  strategies, including federal reimbursement, distribution of

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

30  efficiency in payment processing.  The audit must be completed

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


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  1  Representatives before December 1, 1996.  This subsection

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

  3  section.

  4         (12)  The Office of Program Policy Analysis and

  5  Government Accountability is directed to evaluate the Dade

  6  County Child Support Enforcement demonstration project

  7  administered by the state attorney for the eleventh judicial

  8  circuit, and the Manatee County Child Support Enforcement

  9  demonstration project administered by the clerk of the circuit

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

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

12  Representatives, no later than January 1, 1999.

13         Section 11.  Paragraph (a) of subsection (1) and

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

15  are amended to read:

16         61.30  Child Support guidelines; retroactive child

17  support.--

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

19  determined by this section presumptively establishes the

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

21  initial proceeding for such support or in a proceeding for

22  modification of an existing order for such support, whether

23  the proceeding arises under this or another chapter.  The

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

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

26  considering all relevant factors, including the needs of the

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

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

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

30  which varies more than 5 percent from such guideline amount

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


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  1  record, explaining why ordering payment of such guideline

  2  amount would be unjust or inappropriate.

  3         (8)  Health insurance costs resulting from coverage

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

  5  medical, dental, and prescription medication expenses of the

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

  7  expenses have been ordered to be separately paid on a

  8  percentage basis. After the health insurance costs are added

  9  to the basic obligation, any moneys prepaid by the

10  noncustodial parent for health-related costs health insurance

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

12  from that noncustodial parent's child support obligation for

13  that child or those children.

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

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

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

17  discretion to award child support retroactive to the date when

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

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

20  filing of the petition, regardless of whether that date

21  precedes the filing of the petition.  In determining the

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

23  following:

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

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

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

27  the retroactive period.  Failure of the obligor to so

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

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

30  for the retroactive period.

31


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  1         (b)  All actual payments made by the noncustodial

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

  3  for the benefit of the child throughout the proposed

  4  retroactive period.

  5         (c)  The court should consider an installment payment

  6  plan for the payment of retroactive child support.

  7         Section 12.  Subsection (4) of section 69.041, Florida

  8  Statutes, is amended to read:

  9         69.041  State named party; lien foreclosure, suit to

10  quiet title.--

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

12  participate in the disbursement of funds remaining in the

13  registry of the court after distribution pursuant to s.

14  45.031(7). The department shall participate in accordance with

15  applicable procedures in any mortgage foreclosure action in

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

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

18  decree for child support, against the subject property and

19  with the same priority, regardless of whether a default

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

21  answer or other responsive pleading.

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

23  paragraph (a) applies only to mortgage foreclosure actions

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

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

26  default has been entered against the Department of Revenue

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

28  actions initiated based upon interests under a lien arising

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

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

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


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

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

  3  1998.

  4         Section 13.  Subsection (4) of section 319.24, Florida

  5  Statutes, is amended to read:

  6         319.24  Issuance in duplicate; delivery; liens and

  7  encumbrances.--

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

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

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

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

12  encumbrance against the motor vehicle or mobile home when the

13  title certificate is in the possession of the first

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

15  first lienholder by certified mail, and such first lienholder

16  shall forward the certificate to the department for

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

18  the owner, the owner shall forward the certificate to the

19  department for endorsement. The department shall return the

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

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

22  after endorsing the second or subsequent lien on the

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

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

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

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

27  department, on the written request of the subsequent

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

29  lienholder the return of such certificate for the notation of

30  the second or subsequent lien or encumbrance.

31


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  1         Section 14.  Subsection (4) of section 319.32, Florida

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

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

  4         319.32  Fees; service charges; disposition.--

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

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

  7  enforcement program pursuant to s. 319.24.

  8         Section 15.  Subsection (2) of section 372.561, Florida

  9  Statutes, is amended to read:

10         372.561  Issuance of licenses to take wild animal life

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

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

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

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

15  license or permit.  The commission shall establish the forms

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

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

18  security number on the application form. Disclosure of social

19  security numbers obtained through this requirement shall be

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

21  program for child support enforcement and use by the

22  commission, and as otherwise provided by law.

23         Section 16.  The introductory paragraph of section

24  372.57, Florida Statutes, is amended to read:

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

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

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

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

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

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

31  or authorization shall authorize the person to whom it is


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

18  date of issuance, and other pertinent information as deemed

19  necessary by the commission.  A certified copy of the

20  applicant's birth certificate shall accompany all applications

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

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

23  authorization shall provide the applicant's social security

24  number on the application form. Disclosure of social security

25  numbers obtained through this requirement shall be limited to

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

27  enforcement program and use by the commission, and as

28  otherwise provided by law.

29         Section 17.  Section 372.574, Florida Statutes, is

30  amended to read:

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  1         372.574  Appointment of subagents for the sale of

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

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

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

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

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

  7  requirements for subagents:

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

  9  county tax collector.

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

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

12  may be appointed as a subagent.

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

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

15  using an insurance company acceptable to the tax collector.

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

17  bonds covering all or selected subagents or may allow a

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

19  collector.

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

21  determined by the tax collector at such specific locations

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

23  best serve the public interest and convenience in obtaining

24  licenses and permits. The commission may uniformly prohibit

25  subagents from selling certain licenses or permits.

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

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

28  he has been appointed as a subagent.

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

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

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

  2  775.083.

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

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

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

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

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

  8  sale of licenses and permits to the tax collector as

  9  prescribed by the tax collector but no less frequently than

10  monthly.

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

12  sales made during the reporting period on forms prescribed or

13  approved by the commission. Periodic audits may be performed

14  at the discretion of the commission.

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

16  subagents, the commission may appoint subagents within that

17  county.  Subagents shall serve at the pleasure of the

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

19  for selection of subagents.  The following are requirements

20  for subagents so appointed:

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

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

23  insurance company acceptable to the commission.  In lieu of

24  the bond, the commission may purchase blanket bonds covering

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

26  other security as required by the commission.

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

28  authorized by the commission at specific locations within the

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

30  and convenience in obtaining licenses and permits. The

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  1  commission may prohibit subagents from selling certain

  2  licenses or permits.

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

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

  5  she has been appointed as a subagent.

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

  7  provisions of this section commits a misdemeanor of the second

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

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

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

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

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

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

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

15  be established by competitive bid procedures which are

16  overseen by the Game and Fresh Water Fish Commission.

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

18  sale of licenses and permits to the commission as prescribed

19  by the commission.

20         (g)  Subagents shall maintain records of all licenses

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

22  lost.  Subagents are responsible to the commission for the

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

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

25  validation stamps to the appropriate law enforcement agency.

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

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

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

29  validation stamp is $5.

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

31  sales made during the reporting period on forms prescribed or


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  1  approved by the commission. Periodic audits may be performed

  2  at the discretion of the commission.

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

  4  submit to the commission all unissued stamps for the previous

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

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

  7  stamps.

  8         (3)  All social security numbers which are provided

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

10  records of any subagent appointed pursuant to this section are

11  confidential as provided in those sections.

12         Section 18.  Subsection (1) of section 382.008, Florida

13  Statutes, is amended to read:

14         382.008  Death and fetal death registration.--

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

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

17  the department with the local registrar of the district in

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

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

20  registrar if it has been completed and filed in accordance

21  with this chapter or adopted rules. The certificate shall

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

23  Disclosure of social security numbers obtained through this

24  requirement shall be limited to the purpose of administration

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

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

27  death or fetal death:

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

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

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

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


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

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

  3  the certificate and shall be considered part of the official

  4  record of death;

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

  6  registered in the registration district in which the dead body

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

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

  9  registered in the registration district in which the dead body

10  was first removed from such conveyance.

11         Section 19.  Section 382.013, Florida Statutes, is

12  amended to read:

13         382.013  Birth registration.--A certificate for each

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

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

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

17  local registrar if the certificate has been completed and

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

19  information regarding registered births shall be used for

20  comparison with information in the state case registry, as

21  defined in chapter 61.

22         (1)  FILING.--

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

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

25  charge of the facility shall be responsible for preparing the

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

27  certificate with the local registrar.  Within 48 hours after

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

29  during or immediately after the delivery shall provide the

30  facility with the medical information required by the birth

31  certificate.


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

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

  3  certificate shall be prepared and filed by one of the

  4  following persons in the indicated order of priority:

  5         1.  The physician or midwife in attendance during or

  6  immediately after the birth.

  7         2.  In the absence of persons described in subparagraph

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

  9  the birth.

10         3.  In the absence of persons described in subparagraph

11  2., the father or mother.

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

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

14  birth occurred.

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

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

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

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

19  the place of birth.

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

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

22  certificate in time to permit the timely registration of the

23  certificate.

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

25  local registrar shall immediately notify the health care

26  facility or person filing the certificate and shall require

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

28  be obtained prior to issuing certified copies of the birth

29  certificate.

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

31  adoption after birth, the information on the birth certificate


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

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

  3  is made under s. 63.152.

  4         (2)  PATERNITY.--

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

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

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

  8  determined otherwise by a court of competent jurisdiction.

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

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

11  deceased husband shall be entered on the birth certificate as

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

13  otherwise by a court of competent jurisdiction.

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

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

16  certificate without the execution of a consenting affidavit

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

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

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

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

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

22  status, and responsibilities that arise from signing an

23  acknowledgment of paternity, the facility shall provide the

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

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

26  agency established pursuant to s. 409.2557, regarding the

27  benefits of voluntary establishment of paternity.  Upon

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

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

30  affidavit.

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

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

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

  4  entered on the certificate in accordance with the finding and

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

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

  7  subsection (3).

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

  9  other information about the father shall be entered on the

10  certificate.

11         (3)  NAME OF CHILD.--

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

13  mother and father whose names are entered on the birth

14  certificate shall select the given names and surname of the

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

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

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

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

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

20  selected by the father and the surname selected by the mother

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

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

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

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

25  agreement that lists the agreed upon given name and is

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

27  until a given name is selected by a court.

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

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

30  select the child's given name and surname.

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

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

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

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

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

  6  be registered for every child of undetermined parentage

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

  8  To assist in later determination, information concerning the

  9  place and circumstances under which the child was found shall

10  be included on the portion of the birth certificate relating

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

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

13  new birth certificate shall be prepared which shall bear the

14  same number as the original birth certificate, and the

15  original certificate shall be sealed and filed, shall be

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

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

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

19  person other than the registrant if of legal age.

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

21  birth shall contain all the information required by the

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

23  However, all information concerning parentage, marital status,

24  and medical details shall be confidential and exempt from the

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

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

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

28         Section 20.  Subsection (3) is added to section

29  409.2557, Florida Statutes, to read:

30         409.2557  State agency for administering child support

31  enforcement program.--


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

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

  3  120.536(1) to implement all laws administered by the

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

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

  6         (a)  background screening of department employees and

  7  applicants, including criminal records checks;

  8         (b)  confidentiality and retention of department

  9  records; access to records; record requests;

10         (c)  department trust funds;

11         (d)  federal funding procedures;

12         (e)  agreements with law enforcement and other state

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

14  Parent Locator Service access;

15         (f)  written agreements entered into between the

16  department and child support obligors in establishment,

17  enforcement, and modification proceedings;

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

19  programs, and demonstration projects;

20         (h)  management of cases by the department involving

21  any documentation or procedures required by federal or state

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

23  adjustment; audits; interstate actions; diligent efforts for

24  service of process;

25         (i)  department procedures for orders for genetic

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

27  increasing the amount of monthly obligations to secure

28  delinquent support; suspending or denying driver's and

29  professional licenses and certificates; fishing and hunting

30  license suspensions; suspending vehicle and vessel

31  registrations, screening applicants for new or renewal


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  1  licenses, registrations, or certificates; income deduction;

  2  credit reporting and  accessing; tax refund intercepts;

  3  passport denials; liens; financial institution data matches;

  4  expedited procedures; medical support; and all other

  5  responsibilities of the department as required by state or

  6  federal law;

  7         (j)  collection and disbursement of child support and

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

  9  collection of genetic testing costs and other costs awarded by

10  the court;

11         (k)  report information to and receive information from

12  other agencies and entities;

13         (l)  provide location services, including accessing

14  from and reporting to federal and state agencies;

15         (m)  privatizing location, establishment, enforcement,

16  modification and other functions;

17         (n)  state case registry;

18         (o)  state disbursement unit; and

19         (p)  all other responsibilities of the department as

20  required by state or federal law;

21         Section 21.  Section 409.2558, Florida Statutes, is

22  created to read:

23         409.2558  Child support distribution and

24  disbursement.--The department shall distribute and disburse

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

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

27  thereunder by the Secretary of the United States Department of

28  Health and Human Services.

29         Section 22.  Section 409.2559, Florida Statutes, is

30  created to read:

31


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  1         409.2559  State disbursement unit.--The department

  2  shall establish and operate a state disbursement unit by

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

  4         Section 23.  Subsection (1) of section 409.2561,

  5  Florida Statutes, is amended to read:

  6         409.2561  Child support obligations when public

  7  assistance is paid Public assistance payments; reimbursement

  8  of obligation to department; assignment of rights;

  9  subrogation; medical and health insurance information.--

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

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

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

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

14  amounts collected only to the extent necessary to reimburse

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

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

17  dissolution of marriage establishing an obligation of support,

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

19  order or decree. pursuant to the applicable child support

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

21  reimbursement obligation. If the obligor fails to discharge

22  the reimbursement obligation, the department may apply for a

23  contempt order to enforce reimbursement for support furnished.

24  The extraordinary remedy of contempt is applicable in child

25  support enforcement cases because of the public necessity for

26  ensuring that dependent children be maintained from the

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

28  part, the burden presently borne by the general citizenry

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

30  court order establishing an obligation of support, the court

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


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  1  reimbursement of public assistance moneys paid, by applying

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

  3  assistance period. Priority shall be given to establishing

  4  continuing reasonable support for the dependent child. The

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

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

  7  right to settle and compromise actions brought pursuant to

  8  law.

  9         Section 24.  Subsections (8) and (9) of section

10  409.2564, Florida Statutes, are amended to read:

11         409.2564  Actions for support.--

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

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

14  financial and other information from any person necessary to

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

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

17  with the subpoena.

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

19  chapter, any designated employee may administer oaths or

20  affirmations, subpoena witnesses and compel their attendance,

21  take evidence and require the production of any matter which

22  is relevant to the child support enforcement investigation,

23  including the existence, description, nature, custody,

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

25  tangible things and the identity and location of persons

26  having knowledge of relevant facts or any other matter

27  reasonably calculated to lead to the discovery of material

28  evidence.

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

30  order compelling compliance with a subpoena imposition of a

31  fine, the department shall issue a written notification of


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  1  noncompliance.  Failure to comply within 15 days after of

  2  receipt of the written notification without good cause may

  3  result in the agency taking the following actions:

  4         1.  Imposition of an administrative fine of not more

  5  than $500;

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

  7  circuit court for an order compelling compliance with the

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

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

10  fees and costs associated with the department bringing this

11  action upon showing by the department that the person failed

12  to comply with the request without good cause.

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

14  be made payable to the Child Support Enforcement Application

15  Fee and Program Revenue Trust Fund.

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

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

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

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

20  payor to change the payee to the appropriate depository.

21         Section 25.  Subsection (1) of section 409.25641,

22  Florida Statutes, is amended to read:

23         409.25641  Procedures for processing automated

24  administrative interstate enforcement requests.--

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

26  administrative enforcement in response to a request from

27  another state to enforce a support order and shall promptly

28  report the results of enforcement action to the requesting

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

30  automated data processing to search state databases and

31  determine whether information is available regarding the


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

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

  3  another state to enforce a support order.

  4         Section 26.  Section 409.25658, Florida Statutes, is

  5  created to read:

  6         409.25658  Use of unclaimed property for past-due child

  7  support.--

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

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

10  in cooperation with the Department of Banking and Finance,

11  shall identify persons owing child support collected through a

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

13  Department of Banking and Finance.

14         (2)  The department shall periodically provide the

15  Department of Banking and Finance with an electronic file of

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

17  Department of Banking and Finance shall conduct a data match

18  of the file against all apparent owners of abandoned property

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

20  department.

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

22  department shall provide to the Department of Banking and

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

24  Banking and Finance shall follow the notification procedures

25  under s. 717.118.

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

27  Department of Banking and Finance shall notify the department

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

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

30  department shall immediately send a notice by certified mail

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


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

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

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

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

  5  of Banking and Finance shall retain custody of the property

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

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

  8  hearing, the department shall enter a final order instructing

  9  the Department of Banking and Finance to transfer to the

10  department the property in the amount stated in the final

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

12  Finance shall be released from further liability related to

13  the transferred property.

14         (5)  The provisions of this section provide a

15  supplemental remedy and the department may use this remedy in

16  conjunction with any other method of collecting child support.

17         Section 27.  Section 409.2567, Florida Statutes, is

18  amended to read:

19         409.2567  Services to individuals not otherwise

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

21  department shall be made available on behalf of all dependent

22  children. Services shall be provided upon acceptance of public

23  assistance or upon proper application filed with the

24  department. The department shall adopt rules to provide for

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

26  is not a public assistance recipient. The application fee

27  shall be deposited in the Child Support Enforcement

28  Application and Program Revenue User Fee Trust Fund within the

29  Department of Revenue to be used for the Child Support

30  Enforcement Program. The obligor is responsible for all

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


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  1  shall order payment of administrative costs without requiring

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

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

  4  attorney-client relationship exists only between the

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

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

  7  cases that the attorney represents the agency and not the

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

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

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

11  court, shall be assessed only against the nonprevailing

12  obligor after the court makes a determination of the

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

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

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

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

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

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

19  department shall submit a monthly report to the Governor and

20  the chairs of the Health and Human Services Fiscal

21  Appropriations Committee of the House of Representatives and

22  the Ways and Means Committee of the Senate specifying the

23  funds identified for collection from the noncustodial parents

24  of children receiving temporary assistance and the amounts

25  actually collected.

26         Section 28.  Subsection (4) is added to section

27  409.2572, Florida Statutes, to read:

28         409.2572  Cooperation.--

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

30  applicant for or recipient of public assistance for a

31


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  1  dependent child has good cause for failing to cooperate with

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

  3         Section 29.  Section 409.2575, Florida Statutes, is

  4  amended to read:

  5         409.2575  Liens on motor vehicles and vessels.--

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

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

  8  delinquent support to be placed upon motor vehicles, as

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

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

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

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

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

14  mailed unless the delinquency in support exceeds $600.

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

16  refuses to forward the certificate of title to the appropriate

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

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

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

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

21         Section 30.  Paragraph (c) of subsection (3) of section

22  409.2576, Florida Statutes, is amended to read:

23         409.2576  State Directory of New Hires; definitions;

24  furnishing reports and data; matches to state registry;

25  service of deduction notices; national registry; disclosure of

26  information; rulemaking authority.--

27         (3)  EMPLOYERS TO FURNISH REPORTS.--

28         (c)  Pursuant to the federal Personal Responsibility

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

30  required to provide his or her social security number in

31  accordance with this section.  Disclosure of social security


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  1  numbers obtained through this requirement shall be limited to

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

  3  child support enforcement and those programs listed in

  4  subsection (9).

  5         (9)  DISCLOSURE OF INFORMATION.--

  6         (a)  New hire information shall be disclosed to the

  7  state agency administering the following programs for the

  8  purposes of determining eligibility under those programs:

  9         1.  Any state program funded under part A of Title IV

10  of the Social Security Act;

11         2.  The Medicaid program under Title XIX of the Social

12  Security Act;

13         3.  The unemployment compensation program under s. 3304

14  of the Internal Revenue Code of 1954;

15         4.  The food stamp program under the Food Stamp Act of

16  1977; and

17         5.  Any state program under a plan approved under Title

18  I (Old-Age Assistance for the Aged), Title X (Aid to the

19  Blind), Title XIV (Aid to the Permanently and Totally

20  Disabled), or Title XVI (Aid to the Aged, Blind, or Disabled;

21  Supplemental Security Income for the Aged, Blind, and

22  Disabled) of the Social Security Act.

23         (b)  New hire information shall be disclosed to the

24  state agencies operating employment security and workers'

25  compensation programs for the purposes of administering such

26  programs.

27         Section 31.  Paragraph (b) of subsection (2) and

28  subsection (3) of section 409.2578, Florida Statutes, are

29  amended to read:

30         409.2578  Access to employment information;

31  administrative fine.--


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  1         (2)  Prior to imposition of a fine, the department

  2  shall issue a written notification of noncompliance.  Failure

  3  to comply with the request within 15 days of receipt of the

  4  written notification without good cause may result in the

  5  agency taking the following actions:

  6         (b)  The application by the Title IV-D agency or its

  7  designee, to the circuit court for an order court compelling

  8  compliance.  The person who is determined to be in

  9  noncompliance with the request shall be liable for reasonable

10  attorney's fees and costs associated with the department

11  bringing this action upon showing by the department that the

12  person failed to comply with the request without good cause.

13         (3)  All fines collected pursuant to this section shall

14  be made payable to the Child Support Enforcement Application

15  Fee and Program Revenue Trust Fund.

16         Section 32.  Subsections (1), (3), (4), and (5) of

17  section 409.2579, Florida Statutes, are amended to read:

18         409.2579  Safeguarding Title IV-D case file

19  information.--

20         (1)  Information concerning applicants for or

21  recipients of Title IV-D child support services is

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

23  The use or disclosure of such information by the IV-D program

24  is limited to purposes directly connected with:

25         (a)  The administration of the plan or program approved

26  under part A, part B, part D, part E, or part F of Title IV;

27  under Title II, Title X, Title XIV, Title XVI, Title XIX, or

28  Title XX; or under the supplemental security income program

29  established under Title XVI of the Social Security Act;

30

31


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  1         (b)  Any investigation, prosecution, or criminal or

  2  civil proceeding connected with the administration of any such

  3  plan or program;

  4         (c)  The administration of any other federal or

  5  federally assisted program which provides service or

  6  assistance, in cash or in kind, directly to individuals on the

  7  basis of need; and

  8         (d)  Reporting to an appropriate agency or official,

  9  information on known or suspected instances of physical or

10  mental injury, child abuse, sexual abuse or exploitation, or

11  negligent treatment or maltreatment of a child who is the

12  subject of a child support enforcement activity under

13  circumstances which indicate that the child's health or

14  welfare is threatened thereby; and.

15         (e)  Mandatory disclosure of identifying and location

16  information as provided in s. 61.13(9) by the IV-D program

17  when providing Title IV-D services.

18         (3)  As required by federal law, 42 U.S.C. s. 654(26),

19  upon notice that such an order exists, the IV-D program shall

20  not disclose information on the whereabouts of one party or

21  the child to the other party against whom a protective order

22  with respect to the former party or the child has been

23  entered.

24         (4)  As required by federal law, 42 U.S.C. s. 654(26),

25  the IV-D program shall not disclose information on the

26  whereabouts of one party or the child to another person party

27  if the program has reason to believe that the release of

28  information to that person may result in physical or emotional

29  harm to the former party or the child.

30

31


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  1         (5)  The Department of Revenue Children and Family

  2  Services is authorized to establish, by rule, procedures to

  3  implement this section.

  4         (6)  Any person who willfully and knowingly violates

  5  any of the provisions of this section is guilty of a

  6  misdemeanor of the first degree punishable as provided in s.

  7  775.082 or s. 775.083.

  8         Section 33.  Subsection (7) of section 414.095, Florida

  9  Statutes, is amended to read:

10         414.095  Determining eligibility for the WAGES

11  Program.--

12         (7)  CHILD SUPPORT ENFORCEMENT.--As a condition of

13  eligibility for public temporary cash assistance, the family

14  must cooperate with the state agency responsible for

15  administering the child support enforcement program in

16  establishing the paternity of the child, if the child is born

17  out of wedlock, and in obtaining support for the child or for

18  the parent or caretaker relative and the child. Cooperation is

19  defined as:

20         (a)  Assisting in identifying and locating a

21  noncustodial parent and providing complete and accurate

22  information on that parent;

23         (b)  Assisting in establishing paternity; and

24         (c)  Assisting in establishing, modifying, or enforcing

25  a support order with respect to a child of a family member.

26

27  This subsection does not apply if the state agency that

28  administers the child support enforcement program determines

29  that the parent or caretaker relative has good cause for

30  failing to cooperate.

31


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  1         Section 34.  Paragraph (a) of subsection (1) of section

  2  414.32, Florida Statutes, is amended to read:

  3         414.32  Prohibitions and restrictions with respect to

  4  food stamps.--

  5         (1)  COOPERATION WITH CHILD SUPPORT ENFORCEMENT

  6  AGENCY.--

  7         (a)  A parent or caretaker relative who receives

  8  temporary cash assistance or food stamps on behalf of a child

  9  under 18 years of age who has an absent parent is ineligible

10  for food stamps unless the parent or caretaker relative

11  cooperates with the state agency that administers the child

12  support enforcement program in establishing the paternity of

13  the child, if the child is born out of wedlock, and in

14  obtaining support for the child or for the parent or caretaker

15  relative and the child. This paragraph does not apply if the

16  state agency that administers the child support enforcement

17  program determines that the parent or caretaker relative has

18  good cause for failing to cooperate in establishing the

19  paternity of the child.

20         Section 35.  Paragraph (b) of subsection (3) of section

21  443.051, Florida Statutes, is amended to read:

22         443.051  Benefits not alienable; exception, child

23  support intercept.--

24         (3)  EXCEPTION, CHILD SUPPORT INTERCEPT.--

25         (b)  The division shall deduct and withhold from any

26  unemployment compensation otherwise payable to an individual

27  who owes child support obligations:

28         1.  The amount specified by the individual to the

29  division to be deducted and withheld under this section;

30         2.  The amount determined pursuant to an agreement

31  submitted to the division under s. 454(20)(B)(i) of the Social


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  1  Security Act by the state or local child support enforcement

  2  agency; or

  3         3.  Any amount otherwise required to be deducted and

  4  withheld from such unemployment compensation through legal

  5  process as defined in s. 459 s. 462(e) of the Social Security

  6  Act.

  7         Section 36.  Subsection (2) of section 443.1715,

  8  Florida Statutes, is amended to read:

  9         443.1715  Disclosure of information; confidentiality.--

10         (2)  DISCLOSURE OF INFORMATION.--Subject to such

11  restrictions as the division prescribes by rule, information

12  declared confidential under this section may be made available

13  to any agency of this or any other state, or any federal

14  agency, charged with the administration of any unemployment

15  compensation law or the maintenance of a system of public

16  employment offices, or the Bureau of Internal Revenue of the

17  United States Department of the Treasury, or the Florida

18  Department of Revenue and information obtained in connection

19  with the administration of the employment service may be made

20  available to persons or agencies for purposes appropriate to

21  the operation of a public employment service or a

22  job-preparatory or career education or training program. The

23  division shall on a quarterly basis, furnish the National

24  Directory of New Hires with information extracts of the

25  reports required under s. 303(a)(6) of the Social Security Act

26  (42 U.S.C. s. 503) to be made to the Secretary of Labor

27  concerning the wages and unemployment compensation paid to

28  individuals, by such dates, in such format and containing such

29  information as the Secretary of Health and Human Services

30  shall specify in regulations. Upon request therefor, the

31  division shall furnish any agency of the United States charged


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  1  with the administration of public works or assistance through

  2  public employment, and may furnish to any state agency

  3  similarly charged, the name, address, ordinary occupation, and

  4  employment status of each recipient of benefits and such

  5  recipient's rights to further benefits under this chapter.

  6  Except as otherwise provided by law, the receiving agency must

  7  retain the confidentiality of such information as provided in

  8  this section. The division may request the Comptroller of the

  9  Currency of the United States to cause an examination of the

10  correctness of any return or report of any national banking

11  association rendered pursuant to the provisions of this

12  chapter and may in connection with such request transmit any

13  such report or return to the Comptroller of the Currency of

14  the United States as provided in s. 3305(c) of the federal

15  Internal Revenue Code.

16         Section 37.  Subsection (9) of section 455.213, Florida

17  Statutes, is amended to read:

18         455.213  General licensing provisions.--

19         (9)  Pursuant to the federal Personal Responsibility

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

21  required to provide his or her social security number in

22  accordance with this section.  Disclosure of social security

23  numbers obtained through this requirement shall be limited to

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

25  child support enforcement and use by the Department of

26  Business and Professional Regulation, and as otherwise

27  provided by law.

28         Section 38.  Section 741.04, Florida Statutes, is

29  amended to read:

30         741.04  Marriage license issued.--No county court judge

31  or clerk of the circuit court in this state shall issue a


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  1  license for the marriage of any person unless there shall be

  2  first presented and filed with him or her an affidavit in

  3  writing, signed by both parties to the marriage, providing the

  4  social security numbers or other identification numbers of

  5  each party, made and subscribed before some person authorized

  6  by law to administer an oath, reciting the true and correct

  7  ages of such parties; unless both such parties shall be over

  8  the age of 18 years, except as provided in s. 741.0405; and

  9  unless one party is a male and the other party is a female.

10  Pursuant to the federal Personal Responsibility and Work

11  Opportunity Reconciliation Act of 1996, each party is required

12  to provide his or her social security number in accordance

13  with this section. However, when an individual is not a

14  citizen of the United States and does not have a social

15  security number, alien registration documentation, or other

16  proof of immigration registration from the United States

17  Immigration and Naturalization Service that contains the

18  individual's alien admission number or alien file number, or

19  such other documents as the state determines constitutes

20  reasonable evidence indicating a satisfactory immigration

21  status, shall be provided in lieu of the social security

22  number.  Disclosure of social security numbers or other

23  identification numbers obtained through this requirement shall

24  be limited to the purpose of administration of the Title IV-D

25  program for child support enforcement.

26         Section 39.  Subsection (2) of section 742.032, Florida

27  Statutes, is amended to read:

28         742.032  Filing of location information.--

29         (2)  Beginning July 1, 1997, in any subsequent Title

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

31  upon sufficient showing that diligent effort has been made to


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

  2  jurisdiction shall tribunal may deem state due process

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

  4  respect to the party upon delivery of written notice to the

  5  most recent residential or employer address filed with the

  6  tribunal and State Case Registry under subsection (1).

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

  8  child support enforcement action between the parties, the same

  9  requirements for service shall apply.

10         Section 40.  Subsection (6) of section 61.14, Florida

11  Statutes, is amended to read:

12         61.14  Enforcement and modification of support,

13  maintenance, or alimony agreements or orders.--

14         (6)(a)1.  When support payments are made through the

15  local depository, any payment or installment of support which

16  becomes due and is unpaid under any support order is

17  delinquent; and this unpaid payment or installment, and all

18  other costs and fees herein provided for, become, after notice

19  to the obligor and the time for response as set forth in this

20  subsection, a final judgment by operation of law, which has

21  the full force, effect, and attributes of a judgment entered

22  by a court in this state for which execution may issue. No

23  deduction shall be made by the local depository from any

24  payment made for costs and fees accrued in the judgment by

25  operation of law process under paragraph (b) until the total

26  amount of support payments due the obligee under the judgment

27  has been paid.

28         2.  A certified copy of the support order and a

29  certified statement by the local depository evidencing a

30  delinquency in support payments constitute evidence of the

31  final judgment under this paragraph.


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  1         3.  The judgment under this paragraph is a final

  2  judgment as to any unpaid payment or installment of support

  3  which has accrued up to the time either party files a motion

  4  with the court to alter or modify the support order, and such

  5  judgment may not be modified by the court. The court may

  6  modify such judgment as to any unpaid payment or installment

  7  of support which accrues after the date of the filing of the

  8  motion to alter or modify the support order.  This

  9  subparagraph does not prohibit the court from providing relief

10  from the judgment pursuant to Florida Rule of Civil Procedure

11  1.540.

12         (b)1.  When an obligor is 15 days delinquent in making

13  a payment or installment of support, the local depository

14  shall serve notice on the obligor informing him or her of:

15         a.  The delinquency and its amount.

16         b.  An impending judgment by operation of law against

17  him or her in the amount of the delinquency and all other

18  amounts which thereafter become due and are unpaid, together

19  with costs and a fee of $5, for failure to pay the amount of

20  the delinquency.

21         c.  The obligor's right to contest the impending

22  judgment and the ground upon which such contest can be made.

23         d.  The local depository's authority to release

24  information regarding the delinquency to one or more credit

25  reporting agencies.

26         2.  The local depository shall serve the notice by

27  mailing it by first class mail to the obligor at his or her

28  last address of record with the local depository. If the

29  obligor has no address of record with the local depository,

30  service shall be by publication as provided in chapter 49.

31


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  1         3.  When service of the notice is made by mail, service

  2  is complete on the date of mailing.

  3         (c)  Within 15 days after service of the notice is

  4  complete, the obligor may file with the court that issued the

  5  support order, or with the court in the circuit where the

  6  local depository which served the notice is located, a motion

  7  to contest the impending judgment.  An obligor may contest the

  8  impending judgment only on the ground of a mistake of fact

  9  regarding an error in whether a delinquency exists, in the

10  amount of the delinquency, or in the identity of the obligor.

11         (d)  The court shall hear the obligor's motion to

12  contest the impending judgment within 15 days after the date

13  of the filing of the motion. Upon the court's denial of the

14  obligor's motion, the amount of the delinquency and all other

15  amounts which thereafter become due, together with costs and a

16  fee of $5, become a final judgment by operation of law against

17  the obligor. The depository shall charge interest at the rate

18  established in s. 55.03 on all judgments for child support.

19         (e)  If the obligor fails to file a motion to contest

20  the impending judgment within the time limit prescribed in

21  paragraph (c) and fails to pay the amount of the delinquency

22  and all other amounts which thereafter become due, together

23  with costs and a fee of $5, such amounts become a final

24  judgment by operation of law against the obligor at the

25  expiration of the time for filing a motion to contest the

26  impending judgment.

27         (f)1.  Upon request of any person, the local depository

28  shall issue, upon payment of a fee of $5, a payoff statement

29  of the total amount due under the judgment at the time of the

30  request. The statement may be relied upon by the person for up

31


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  1  to 30 days from the time it is issued unless proof of

  2  satisfaction of the judgment is provided.

  3         2.  When the depository records show that the obligor's

  4  account is current, the depository shall record a satisfaction

  5  of the judgment upon request of any interested person and upon

  6  receipt of the appropriate recording fee.  Any person shall be

  7  entitled to rely upon the recording of the satisfaction.

  8         3.  The local depository, at the direction of the

  9  department, or the obligee in a non-IV-D case, may partially

10  release the judgment as to specific real property, and the

11  depository shall record a partial release upon receipt of the

12  appropriate recording fee.

13         4.  The local depository is not liable for errors in

14  its recordkeeping, except when an error is a result of

15  unlawful activity or gross negligence by the clerk or his or

16  her employees.

17         Section 41.  Section 61.046, Florida Statutes, is

18  amended to read:

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

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

21  Saturday, Sunday, or legal holiday.

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

23  or "CLERC System" means the automated system established

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

25  and depositories and through which payment data and State Case

26  Registry data is transmitted to the department's automated

27  child support enforcement system.

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

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

30  her primary residence.

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


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

  2  depository established pursuant to s. 61.181, created by

  3  special act of the Legislature or other entity established

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

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

  6  handle alimony and child support payments not otherwise

  7  required to be processed by the State Disbursement Unit.

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

  9  means the automated registry of support order abstracts and

10  other information established and maintained by the United

11  States Department of Health and Human Services as provided by

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

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

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

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

16  independent contractor, worker's compensation, disability

17  benefits, annuity and retirement benefits, pensions,

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

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

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

21  Department of Veterans Affairs disability benefits and

22  unemployment compensation, as defined in chapter 443, are

23  excluded from this definition of income except for purposes of

24  establishing an amount of support.

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

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

27  seq s. 1302.

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

29  constitutional or charter government official including, but

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

31  court.


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

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

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

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

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

  6  alimony and child support.

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

  8  making payments pursuant to an order establishing, enforcing,

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

10  for alimony and child support.

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

12  or any other person or agency providing or administering

13  income to the obligor.

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

15  court-ordered relationship in which both parents retain full

16  parental rights and responsibilities with respect to their

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

18  major decisions affecting the welfare of the child will be

19  determined jointly.

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

21  court-ordered relationship in which one parent makes decisions

22  regarding the minor child.

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

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

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

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

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

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

29  for information related to paternity and child support orders

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

31


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

  2  state shall be maintained in the registry.

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

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

  5  one central address for collection and disbursement of child

  6  support payments made in cases enforced by the department

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

  8  not being enforced by the department in which the support

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

10  1, 1994, and in which the obligor's child support obligation

11  is being paid through income deduction order.

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

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

14  competent jurisdiction for the support and maintenance of a

15  child which provides for monetary support, health care,

16  arrearages, or past support.

17         Section 42.  Subsections (1) and (2) and paragraph (a)

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

19  amended to read:

20         61.181  Central depository for receiving, recording,

21  reporting, monitoring, and disbursing alimony, support,

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

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

24  a depository unless the depository is otherwise created by

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

26  1985, a different entity was established to perform such

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

28  extend participation in the federal child support cost

29  reimbursement program to the central depository in each

30  county, to the maximum extent possible under existing federal

31  law.  The depository shall receive reimbursement for services


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  1  provided under a cooperative agreement with the department

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

  3  the State Disbursement Unit and shall implement all statutory

  4  and contractual duties imposed on the State Disbursement Unit.

  5  Each depository shall receive from and transmit to the State

  6  Disbursement Unit required data through the Clerk of Court

  7  Child Support Enforcement Collection System. Payments on

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

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

10  law.

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

12  through the State Disbursement Unit, the depository shall

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

14  recording, reporting, disbursing, monitoring, or handling

15  alimony or child support payments as required under this

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

17  practicable, upon estimated reasonable costs of operation.

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

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

20  percent of the amount of any support payment made in

21  satisfaction of the amount which the party is obligated to

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

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

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

25  be, required to pay.

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

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

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

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

30  The fee shall be considered by the court in determining the

31  amount of support that the obligor is, or may be, required to


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  1  pay. Notwithstanding the provisions of s. 145.022, 75 percent

  2  of the additional revenues generated by this paragraph shall

  3  be remitted monthly to the Clerk of the Court Child Support

  4  Enforcement Collection System Trust Fund administered by the

  5  department as provided in subparagraph 2.  These funds shall

  6  be used exclusively for the development, implementation, and

  7  operation of the Clerk of the Court an automated Child Support

  8  Enforcement Collection Collections System to be operated by

  9  the depositories, including the automation of civil case

10  information necessary for the State Case Registry.  The

11  department shall contract with the Florida Association of

12  Court Clerks and Comptrollers and the depositories to design,

13  establish, operate, upgrade, and maintain the automation of

14  the depositories to include, but not be limited to, the

15  provision of on-line electronic transfer of information to the

16  IV-D agency as otherwise required by this chapter. The

17  department's obligation to fund the automation of the

18  depositories is limited to the state share of funds available

19  in the Clerk of the Court Child Support Enforcement Collection

20  System Trust Fund.  Each depository created under this section

21  shall fully participate in the Clerk of the Court automated

22  Child Support Enforcement Collection System on or before July

23  1, 1997, and transmit data in a readable format as required by

24  the contract between the Florida Association of Court Clerks

25  and Comptrollers and the department.  The department may at

26  its discretion exempt a depository from compliance with full

27  participation in the automated child support enforcement

28  collection system.

29         2.  No later than December 31, 1996, moneys to be

30  remitted to the department by the depository shall be done

31  daily by electronic funds transfer and calculated as follows:


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  1         a.  For each support payment of less than $33, 18.75

  2  cents.

  3         b.  For each support payment between $33 and $140, an

  4  amount equal to 18.75 percent of the fee charged.

  5         c.  For each support payment in excess of $140, 18.75

  6  cents.

  7         3.  Prior to June 30, 1995, the depositories and the

  8  department shall provide the Legislature with estimates of the

  9  cost of continuing the collection and maintenance of

10  information required by this act.

11         4.  The fees established by this section shall be set

12  forth and included in every order of support entered by a

13  court of this state which requires payment to be made into the

14  depository.

15         (3)(a)  For payments not required to be processed

16  through the State Disbursement Unit, the depository shall

17  collect and distribute all support payments paid into the

18  depository to the appropriate party. On or after July 1, 1998,

19  if a payment is made on a Title IV-D case which is not

20  accompanied by the required transaction fee, the depository

21  shall not deduct any moneys from the support payment for

22  payment of the fee.  Nonpayment of the required fee shall be

23  considered a delinquency, and when the total of fees and costs

24  which are due but not paid exceeds $50, the judgment by

25  operation of law process set forth in s. 61.14(6)(a) shall

26  become applicable and operational. As part of its collection

27  and distribution functions, the depository shall maintain

28  records listing:

29         1.  The obligor's name, address, social security

30  number, place of employment, and any other sources of income.

31


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  1         2.  The obligee's name, address, and social security

  2  number.

  3         3.  The amount of support due as provided in the court

  4  order.

  5         4.  The schedule of payment as provided in the court

  6  order.

  7         5.  The actual amount of each support payment received,

  8  the date of receipt, the amount disbursed, and the recipient

  9  of the disbursement.

10         6.  The unpaid balance of any arrearage due as provided

11  in the court order.

12         7.  Other records as necessary to comply with federal

13  reporting requirements.

14         Section 43.  Section 61.1824, Florida Statutes, is

15  created to read:

16         61.1824  State Disbursement Unit.--

17         (1)  The State Disbursement Unit is hereby created and

18  shall be operated by the Department of Revenue or by a

19  contractor responsible directly to the department. The State

20  Disbursement Unit shall be responsible for the collection and

21  disbursement of payments for:

22         (a)  All child support cases enforced by the department

23  pursuant to Title IV-D of the Social Security Act; and

24         (b)  All child support cases not being enforced by the

25  department pursuant to Title IV-D of the Social Security Act

26  in which the initial support order was issued in this state on

27  or after January 1, 1994, and in which the obligor's child

28  support obligation is being paid through income deduction.

29         (2)  The State Disbursement Unit must be operated in

30  coordination with the department's child support enforcement

31  automated system in Title IV-D cases.


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  1         (3)  The State Disbursement Unit shall perform the

  2  following functions:

  3         (a)  Disburse all receipts from intercepts, including,

  4  but not limited to, United States Internal Revenue Service,

  5  unemployment compensation, lottery, and administrative offset

  6  intercepts.

  7         (b)  Provide employers and payors with one address to

  8  which all income deduction collections are sent.

  9         (c)  When there is more than one income deduction order

10  being enforced against the same obligor by the payor, allocate

11  the amounts available for income deduction in the manner set

12  forth in s. 61.1301.

13         (d)  To the extent feasible, use automated procedures

14  for the collection and disbursement of support payments,

15  including, but not limited to, having procedures for:

16         1.  Receipt of payments from obligors, employers, other

17  states and jurisdictions, and other entities.

18         2.  Timely disbursement of payments to obligees, the

19  department, and other state Title IV-D agencies.

20         3.  Accurate identification of payment source and

21  amount.

22         4.  Furnishing any parent, upon request, timely

23  information on the current status of support payments under an

24  order requiring payments to be made by or to the parent,

25  except that in cases described in paragraph (1)(b), prior to

26  the date the State Disbursement Unit becomes fully

27  operational, the State Disbursement Unit shall not be required

28  to convert and maintain in automated form records of payments

29  kept pursuant to s. 61.181.

30         (e)  Information regarding disbursement must be

31  transmitted in the following manner:


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  1         1.  In Title IV-D cases, the State Disbursement Unit

  2  shall transmit, in an electronic format as prescribed by the

  3  department, all required information to the department on the

  4  same business day the information is received from the

  5  employer or other source of periodic income, if sufficient

  6  information identifying the payee is provided. The department

  7  shall determine distribution allocation of a collection and

  8  shall electronically transmit that information to the State

  9  Disbursement Unit, whereupon the State Disbursement Unit shall

10  disburse the collection. The State Disbursement Unit may delay

11  the disbursement of payments toward arrearages until the

12  resolution of any timely appeal with respect to such

13  arrearages. The State Disbursement Unit may delay the

14  disbursement of Title IV-D collections until authorization by

15  the Title IV-D agency has been received.

16         2.  In non-Title IV-D cases payment information is not

17  transmitted to the department. The State Disbursement Unit may

18  delay the disbursement of payments toward arrearages until the

19  resolution of any timely appeal with respect to such

20  arrearages.

21         (f)  Reconcile all cash receipts and all disbursements

22  daily and provide the department with a daily reconciliation

23  report in a format as prescribed by the department.

24         (g)  Disburse child support payments to foreign

25  countries as may be required.

26         (h)  Receive and convert child support payments made in

27  foreign currency.

28         (i)  Remit to the department payments for costs due the

29  department.

30         (j)  Handle insufficient funds payments, claims of lost

31  or stolen checks, and stop payment orders.


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  1         (k)  Issue billing notices and statements of account,

  2  in accordance with federal requirements, in a format and

  3  frequency prescribed by the department to persons who pay and

  4  receive child support in Title IV-D cases.

  5         (l)  Provide the department with a weekly report that

  6  summarizes and totals all financial transaction activity.

  7         (m)  Provide toll-free access to customer assistance

  8  representatives and an automated voice response system that

  9  will enable the parties to a child support case to obtain

10  payment information.

11         (4)  For cases in which the obligor or payor fails to

12  submit payment directly to the central address provided by the

13  State Disbursement Unit, the depositories shall have

14  procedures for accepting a support payment tendered in the

15  form of cash or a check drawn on the account of a payor or

16  obligor, unless the payor or obligor has previously remitted a

17  check which was returned to the depository due to lack of

18  sufficient funds in the account. If the payor or obligor has

19  had a check returned for this reason, the depository shall

20  accept payment by cash, cashier's check, or money order, or

21  may accept a check upon deposit by the payor or obligor of an

22  amount equal to 1 month's payment. Upon payment by cash,

23  cashier's check, or money order, the depository shall remit

24  the payment to the State Disbursement Unit within 1 business

25  day after receipt.

26         (5)  Obligees receiving payments through the State

27  Disbursement Unit shall inform the State Disbursement Unit of

28  changes in their names and addresses. Notification of all

29  changes must be made directly to the State Disbursement Unit

30  within 7 business days after a change. In Title IV-D cases,

31  the State Disbursement Unit shall transmit the information to


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  1  the department, in an electronic format prescribed by the

  2  department, within 1 business day after receipt.

  3         Section 44.  Section 61.1825, Florida Statutes, is

  4  created to read:

  5         61.1825  State Case Registry.--

  6         (1)  The Department of Revenue or its agent shall

  7  operate and maintain a State Case Registry as provided by 42

  8  U.S.C. s. 654A. The State Case Registry must contain records

  9  for:

10         (a)  Each case in which services are being provided by

11  the department as the state's Title IV-D agency; and

12         (b)  By October 1, 1998, each support order established

13  or modified in the state on or after October 1, 1998, in which

14  services are not being provided by the Title IV-D agency.

15

16  The department shall maintain that part of the State Case

17  Registry that includes support order information for Title

18  IV-D cases on the department's child support enforcement

19  automated system.

20         (2)  By October 1, 1998, for each support order

21  established or modified by a court of this state on or after

22  October 1, 1998, the depository for the court that enters the

23  support order in a non-Title IV-D case shall provide, in an

24  electronic format prescribed by the department, the following

25  information to that component of the State Case Registry that

26  receives, maintains, and transmits support order information

27  for non-Title IV-D cases:

28         (a)  The name of the obligor, obligee, and child or

29  children;

30         (b)  The social security number of the obligor,

31  obligee, and child or children;


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  1         (c)  The date of birth of the obligor, obligee, and

  2  child or children;

  3         (d)  Whether a family violence indicator is present or

  4  if a court order has been entered against a party in a

  5  domestic violence or protective action;

  6         (e)  The date the support order was established or

  7  modified;

  8         (f)  The case identification number, which is the

  9  two-digit numeric county code followed by the civil circuit

10  case number:

11         (g)  The federal information processing system numeric

12  designation for the county and state where the support order

13  was established or modified; and

14         (h)  Any other data as may be required by the United

15  States Secretary of Health and Human Services.

16         (3)  The depository, using standardized data elements,

17  shall provide the support order information required by

18  subsection (2) to the entity that maintains the non-Title IV-D

19  support order information for the State Case Registry at a

20  frequency and in a format prescribed by the department.

21         (4)  The entity that maintains State Case Registry

22  information for non-Title IV-D cases shall make the

23  information available to the department in a readable and

24  searchable electronic format that is compatible with the

25  department's automated child support enforcement system.

26         (5)  State Case Registry information must be

27  transmitted electronically to the Federal Case Registry of

28  Child Support Orders by the department in a manner and

29  frequency prescribed by the United States Secretary of Health

30  and Human Services.

31


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  1         Section 45.  Section 61.1826, Florida Statutes, is

  2  created to read:

  3         61.1826  Procurement of services for State Disbursement

  4  Unit and the non-Title IV-D component of the State Case

  5  Registry; contracts and cooperative agreements; penalties;

  6  withholding payment.--

  7         (1)  LEGISLATIVE FINDINGS.--The Legislature finds that

  8  the clerks of court play a vital role, as essential

  9  participants in the establishment, modification, collection,

10  and enforcement of child support, in securing the health,

11  safety, and welfare of the children of this state. The

12  Legislature further finds and declares that:

13         (a)  It is in the state's best interest to preserve the

14  essential role of the clerks of court in disbursing child

15  support payments and maintaining official records of child

16  support orders entered by the courts of this state.

17         (b)  As official recordkeeper for matters relating to

18  court-ordered child support, the clerks of court are necessary

19  parties to obtaining, safeguarding, and providing child

20  support payment and support order information.

21         (c)  As provided by the Federal Personal Responsibility

22  and Work Opportunity Reconciliation Act of 1996, the state

23  must establish and operate a State Case Registry in full

24  compliance with federal law by October 1, 1998, and a State

25  Disbursement Unit by October 1, 1999.

26         (d)  Noncompliance with federal law could result in a

27  substantial loss of federal funds for the state's child

28  support enforcement program and the temporary assistance for

29  needy families welfare block grant.

30         (e)  The potential loss of substantial federal funds

31  poses a direct and immediate threat to the health, safety, and


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  1  welfare of the children and citizens of the state and

  2  constitutes an emergency for purposes of s. 287.057(3)(a).

  3         (f)  The clerks of court maintain the official payment

  4  record of the court for amounts received, payments credited,

  5  arrearages owed, liens attached, and current mailing addresses

  6  of all parties, payor, obligor, and payee.

  7         (g)  The clerks of court have established a statewide

  8  Clerk of Court Child Support Enforcement Collection System for

  9  the automation of all payment processing using state and local

10  government funds as provided under s. 61.181(2)(b)1.

11         (h)  The Legislature acknowledges the improvements made

12  by and the crucial role of the Clerk of the Court Child

13  Support Enforcement Collection System in speeding payments to

14  the children of Florida.

15         (i)  There is no viable alternative to continuing the

16  role of the clerks of court in collecting, safeguarding, and

17  providing essential child support payment information.

18

19  For these reasons, the Legislature hereby directs the

20  Department of Revenue, subject to the provisions of subsection

21  (6), to contract with the Florida Association of Court Clerks

22  and each depository to perform duties with respect to the

23  operation and maintenance of a State Disbursement Unit and the

24  non-Title IV-D component of the State Case Registry as further

25  provided by this section.

26         (2)  COOPERATIVE AGREEMENTS.--Each depository shall

27  enter into a standard cooperative agreement with the

28  department for participation in the State Disbursement Unit

29  and the non-Title IV-D component of the State Case Registry

30  through the Clerk of Court Child Support Enforcement

31  Collection System within 60 days after the effective date of


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  1  this section. The cooperative agreement shall be a uniform

  2  document, mutually developed by the department and the Florida

  3  Association of Court Clerks, that applies to all depositories

  4  and complies with all state and federal requirements. Each

  5  depository shall also enter into a written agreement with the

  6  Florida Association of Court Clerks and the department within

  7  60 days after the effective date of this section that requires

  8  each depository to participate fully in the State Disbursement

  9  Unit and the non-Title IV-D component of the State Case

10  Registry.

11         (3)  CONTRACT.--The Florida Association of Court Clerks

12  shall enter into a written contract with the department that

13  fully complies with all federal and state laws within 60 days

14  after the effective date of this section. The contract shall

15  be mutually developed by the department and the Florida

16  Association of Court Clerks. As required by s. 287.057 and 45

17  C.F.R. s. 74.43, any subcontracts entered into by the Florida

18  Association of Court Clerks, except for a contract between the

19  Florida Association of Court Clerks and its totally owned

20  subsidiary corporation, must be procured through competitive

21  bidding.

22         (4)  COOPERATIVE AGREEMENT AND CONTRACT TERMS.--The

23  contract between the Florida Association of Court Clerks and

24  the department, and cooperative agreements entered into by the

25  depositories and the department, must contain, but are not

26  limited to, the following terms:

27         (a)  The initial term of the contract and cooperative

28  agreements is for 5 years. The subsequent term of the contract

29  and cooperative agreements is for 3 years, with the option of

30  two 1-year renewal periods, at the sole discretion of the

31  department.


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  1         (b)  The duties and responsibilities of the Florida

  2  Association of Court Clerks, the depositories, and the

  3  department.

  4         (c)  Under s. 287.058(1)(a), all providers and

  5  subcontractors shall submit to the department directly, or

  6  through the Florida Association of Court Clerks, a report of

  7  monthly expenditures in a format prescribed by the department

  8  and in sufficient detail for a proper preaudit and postaudit

  9  thereof.

10         (d)  All providers and subcontractors shall submit to

11  the department directly, or through the Florida Association of

12  Court Clerks, management reports in a format prescribed by the

13  department.

14         (e)  All subcontractors shall comply with chapter 280,

15  as may be required.

16         (f)  Federal financial participation for eligible Title

17  IV-D expenditures incurred by the Florida Association of Court

18  Clerks and the depositories shall be at the maximum level

19  permitted by federal law for expenditures incurred for the

20  provision of services in support of child support enforcement

21  in accordance with 45 C.F.R., part 74 and Federal Office of

22  Management and Budget Circulars A-87 and A-122 and based on an

23  annual cost allocation study of each depository. The

24  depositories shall submit directly, or through the Florida

25  Association of Court Clerks, claims for Title IV-D

26  expenditures monthly to the department in a standardized

27  format as prescribed by the department. The Florida

28  Association of Court Clerks shall contract with a certified

29  public accounting firm, selected by the Florida Association of

30  Court Clerks and the department, to audit and certify

31


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  1  quarterly to the department all claims for expenditures

  2  submitted by the depositories for Title IV-D reimbursement.

  3         (g)  Upon termination of the contracts between the

  4  department and the Florida Association of Court Clerks or the

  5  depositories, the Florida Association of Court Clerks, its

  6  agents, and the depositories shall assist the department in

  7  making an orderly transition to a private vendor.

  8         (h)  Interest on late payment by the department shall

  9  be in accordance with s. 215.422.

10

11  If either the department or the Florida Association of Court

12  Clerks objects to a term of the standard cooperative agreement

13  or contract specified in subsections (2) and (3), the disputed

14  term or terms shall be presented jointly by the parties to the

15  Attorney General or the Attorney General's designee, who shall

16  act as special master. The special master shall resolve the

17  dispute in writing within 10 days. The resolution of a dispute

18  by the special master is binding on the department and the

19  Florida Association of Court Clerks.

20         (5)  PERFORMANCE REVIEWS.--As provided by this

21  subsection, the Office of Program Policy Analysis and

22  Government Accountability shall conduct comprehensive

23  performance reviews of the State Disbursement Unit and State

24  Case Registry. In addition to the requirements of chapter 11,

25  the review must include, but not be limited to, an analysis of

26  state and federal requirements, the effectiveness of the

27  current system in meeting those requirements; a cost analysis

28  of the State Disbursement Unit and the non-Title IV-D

29  component of the State Case Registry; a review and comparison

30  of available alternative methodologies as utilized by other

31  states; and a review of all strategies, including


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  1  privatization, to increase the efficiency and cost

  2  effectiveness of the State Disbursement Unit and the non-Title

  3  IV-D component of the State Case Registry. A review must be

  4  completed and a written report submitted to the Governor,

  5  President of the Senate, and the Speaker of the House of

  6  Representatives by October 1, 1999, pertaining to the State

  7  Case Registry and October 1, 2000, pertaining to the State

  8  Disbursement Unit, and every 2 years thereafter beginning

  9  October 1, 2002, pertaining to both the State Case Registry

10  and the State Disbursement Unit.

11         (6)  CONTRACT TERMINATION.--If any of the following

12  events occur, the department may discontinue its plans to

13  contract, or terminate its contract, with the Florida

14  Association of Court Clerks and the depositories upon 30 days'

15  written notice by the department and may, through competitive

16  bidding, procure services from a private vendor to perform

17  functions necessary for the department to operate the State

18  Disbursement Unit and the non-Title IV-D component of the

19  State Case Registry with a minimum amount of disruption in

20  service to the children and citizens of the state:

21         (a)  Receipt by the department of final notice by the

22  United States Secretary of Health and Human Services or the

23  secretary's designee that the contractual arrangement between

24  the department, the Florida Association of Court Clerks, and

25  the depositories, does not satisfy federal requirements for a

26  State Disbursement Unit or a State Case Registry and that the

27  state's Title IV-D State Plan will not be approved, or that

28  federal Title IV-D funding is not made available to fund the

29  non-Title IV-D component of the State Case Registry or the

30  State Disbursement Unit;

31


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  1         (b)  The Florida Association of Court Clerks, a

  2  depository or any subcontractor fails to comply with any

  3  material contractual term or state or federal requirement;

  4         (c)  The non-Title IV-D component of the State Case

  5  Registry is not established and operational, consistent with

  6  the terms of the contract, by October 1, 1998; or

  7         (d)  The State Disbursement Unit is not established and

  8  operational, consistent with the terms of the contract, by

  9  October 1, 1999.

10

11  If either event specified in paragraph (a) occurs, the

12  depositories are relieved of all responsibilities and duties

13  under this chapter relating to Title IV-D payment processing

14  and data transmission to the department.

15         (7)  PARTICIPATION BY DEPOSITORIES.--

16         (a)  Each depository shall participate in the non-Title

17  IV-D component of the State Case Registry by using an

18  automated system compatible with the department's automated

19  child support enforcement system.

20         (b)  For participation in the State Disbursement Unit,

21  each depository shall:

22         1.  Use the CLERC System;

23         2.  Receive electronically and record payment

24  information from the State Disbursement Unit for each support

25  order entered by the court.

26         (8)  TITLE IV-D PROGRAM INCOME.--Pursuant to 45 C.F.R.

27  s. 304.50, all transaction fees and interest income realized

28  by the State Disbursement Unit constitute and must be reported

29  as program income under federal law and must be transmitted to

30  the Title IV-D agency for deposit in the Child Support

31  Enforcement Application and Program Revenue Trust Fund.


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  1         (9)  PENALTIES.--All depositories must participate in

  2  the State Disbursement Unit and the non-Title IV-D component

  3  of the State Case Registry as provided in this chapter. If a

  4  depository fails to comply with this requirement or with any

  5  material contractual term or other state or federal

  6  requirement, the failure constitutes misfeasance which

  7  subjects the county officer or officers responsible for the

  8  depository to suspension under Article IV of the State

  9  Constitution. The department shall report any continuing acts

10  of misfeasance by a depository to the Governor and Cabinet,

11  and to the Florida Association of Court Clerks.

12         (10)  WITHHOLDING PAYMENT UNDER CONTRACTS.--If the

13  Florida Association of Court Clerks, its agent, a

14  subcontractor, or a depository does not comply with any

15  material contractual term or state or federal requirement, the

16  department may withhold funds otherwise due under the

17  individual contract with the Florida Association of Court

18  Clerks or the individual cooperative agreement with the

19  depository, or both, at the department's election, to enforce

20  compliance. The department shall provide written notice of

21  noncompliance before withholding funds. Within 10 business

22  days after receipt of written notification of noncompliance,

23  the department must be provided with a written proposed

24  corrective action plan. Within 10 business days after receipt

25  of a corrective action plan, the department shall accept the

26  plan or allow 5 business days within which a revised plan may

27  be submitted. Upon the department's acceptance of a corrective

28  action plan, the agreed-upon plan must be fully completed

29  within 30 business days unless a longer period is permitted by

30  the department. If a proposed corrective action plan is not

31  submitted, is not accepted, or is not fully completed, any


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  1  funds withheld by the department for noncompliance are

  2  forfeited to the department. Withholding or forfeiture of

  3  funds may be contested by filing a petition or request for a

  4  hearing under the applicable provisions of chapter 120. For

  5  the purposes of this section, no party to a dispute involving

  6  less than $5,000 in withheld or forfeited funds is deemed to

  7  be substantially affected by the dispute or to have a

  8  substantial interest in the decision resolving the dispute.

  9         Section 46.  Subsection (1) and paragraph (b) of

10  subsection (2) of section 382.013, Florida Statutes, as

11  amended by chapter 97-170, Laws of Florida, is hereby

12  repealed.

13         Section 47.  This act shall take effect July 1, 1998,

14  except that section 1 shall take effect October 1, 1998.

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