House Bill 1783

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







    Florida House of Representatives - 1999                HB 1783

        By Representatives Rojas, Roberts, Diaz de la Portilla,
    Feeney, Prieguez, Barreiro, Cantens, Valdes, Cosgrove,
    Constantine, Logan, Heyman, Sorensen, Betancourt, Garcia,
    Wilson, Gottlieb and Bainter



  1                      A bill to be entitled

  2         An act relating to child support; amending s.

  3         61.14, F.S.; revising evidence that constitutes

  4         a final judgment by operation of law when

  5         support payments made through a local

  6         depository are delinquent; amending s. 61.181,

  7         F.S.; authorizing the Department of Revenue to

  8         exempt a depository from participation in the

  9         automated child support enforcement system;

10         providing exemptions for specified

11         depositories; repealing s. 61.1826(9), F.S.,

12         relating to penalties for depositories that

13         fail to participate in the State Disbursement

14         Unit or the non-title IV-D component of the

15         State Case Registry; providing an effective

16         date.

17

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

19

20         Section 1.  Paragraph (a) of subsection (6) of section

21  61.14, Florida Statutes, 1998 Supplement, is amended to read:

22         61.14  Enforcement and modification of support,

23  maintenance, or alimony agreements or orders.--

24         (6)(a)1.  When support payments are made through the

25  local depository, any payment or installment of support which

26  becomes due and is unpaid under any support order is

27  delinquent; and this unpaid payment or installment, and all

28  other costs and fees herein provided for, become, after notice

29  to the obligor and the time for response as set forth in this

30  subsection, a final judgment by operation of law, which has

31  the full force, effect, and attributes of a judgment entered

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    Florida House of Representatives - 1999                HB 1783

    218-192-99






  1  by a court in this state for which execution may issue. No

  2  deduction shall be made by the local depository from any

  3  payment made for costs and fees accrued in the judgment by

  4  operation of law process under paragraph (b) until the total

  5  amount of support payments due the obligee under the judgment

  6  has been paid.

  7         2.  A certified copy of the support order and A

  8  certified statement by the local depository evidencing a

  9  delinquency in support payments constitutes constitute

10  evidence of the final judgment under this paragraph.

11         3.  The judgment under this paragraph is a final

12  judgment as to any unpaid payment or installment of support

13  which has accrued up to the time either party files a motion

14  with the court to alter or modify the support order, and such

15  judgment may not be modified by the court. The court may

16  modify such judgment as to any unpaid payment or installment

17  of support which accrues after the date of the filing of the

18  motion to alter or modify the support order.  This

19  subparagraph does not prohibit the court from providing relief

20  from the judgment pursuant to Rule 1.540, Florida Rules of

21  Civil Procedure.

22         Section 2.  Paragraph (b) of subsection (2) of section

23  61.181, Florida Statutes, 1998 Supplement, is amended to read:

24         61.181  Central depository for receiving, recording,

25  reporting, monitoring, and disbursing alimony, support,

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

27         (2)

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

29  2002, the fee imposed in paragraph (a) shall be increased to 4

30  percent of the support payments which the party is obligated

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

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    Florida House of Representatives - 1999                HB 1783

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

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

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

  4  the additional revenues generated by this paragraph shall be

  5  remitted monthly to the Clerk of the Court Child Support

  6  Enforcement Collection System Trust Fund administered by the

  7  department as provided in subparagraph 2.  These funds shall

  8  be used exclusively for the development, implementation, and

  9  operation of the Clerk of the Court Child Support Enforcement

10  Collection System to be operated by the depositories,

11  including the automation of civil case information necessary

12  for the State Case Registry.  The department shall contract

13  with the Florida Association of Court Clerks and the

14  depositories to design, establish, operate, upgrade, and

15  maintain the automation of the depositories to include, but

16  not be limited to, the provision of on-line electronic

17  transfer of information to the IV-D agency as otherwise

18  required by this chapter. The department's obligation to fund

19  the automation of the depositories is limited to the state

20  share of funds available in the Clerk of the Court Child

21  Support Enforcement Collection System Trust Fund.  Each

22  depository created under this section shall fully participate

23  in the Clerk of the Court Child Support Enforcement Collection

24  System and transmit data in a readable format as required by

25  the contract between the Florida Association of Court Clerks

26  and the department.  The department may at its discretion

27  exempt a depository from compliance with full participation in

28  the automated child support enforcement system.

29  Notwithstanding any other provision of law, the depositories

30  of Miami-Dade County and Seminole County shall be exempt from

31

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    Florida House of Representatives - 1999                HB 1783

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  1  compliance with full participation in the automated child

  2  support enforcement system.

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

  4  remitted to the department by the depository shall be done

  5  daily by electronic funds transfer and calculated as follows:

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

  7  cents.

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

  9  amount equal to 18.75 percent of the fee charged.

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

11  cents.

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

13  department shall provide the Legislature with estimates of the

14  cost of continuing the collection and maintenance of

15  information required by this act.

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

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

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

19  depository.

20         Section 3.  Subsection (9) of section 61.1826, Florida

21  Statutes, is repealed.

22         Section 4.  This act shall take effect July 1, 1999.

23

24            *****************************************

25                          HOUSE SUMMARY

26
      Removes requirement for a certified copy of the child
27    support order in providing evidence that constitutes a
      final judgment by operation of law when child support
28    payments made through a local depository are delinquent.
      Authorizes the Department of Revenue to exempt a
29    depository from participation in the automated child
      support enforcement system. Provides exemptions for the
30    depositories of Miami-Dade and Seminole Counties. Repeals
      penalties for failure of a depository to participate in
31    the State Disbursement Unit or the non-title IV-D
      component of the State Case Registry.
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