House Bill 2207

    Florida House of Representatives - 1999                HB 2207

        By the Committee on General Government Appropriations and
    Representative Sembler





  1                      A bill to be entitled

  2         An act relating to child support enforcement;

  3         amending s. 409.2561, F.S.; requiring deposit

  4         into the General Revenue Fund of funds retained

  5         by the state to reimburse public assistance

  6         payments made to or for the benefit of

  7         dependent children; providing an effective

  8         date.

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

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12         Section 1.  Subsection (1) of section 409.2561, Florida

13  Statutes, 1998 Supplement, is amended to read:

14         409.2561  Child support obligations when public

15  assistance is paid; assignment of rights; subrogation; medical

16  and health insurance information.--

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

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

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

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

21  amounts collected only to the extent necessary to reimburse

22  amounts paid to the family as assistance by the state. Such

23  amounts collected shall be deposited into the General Revenue

24  Fund. If there has been a prior court order or final judgment

25  of dissolution of marriage establishing an obligation of

26  support, the obligation is limited to the amount provided by

27  such court order or decree. The obligor shall discharge the

28  reimbursement obligation. If the obligor fails to discharge

29  the reimbursement obligation, the department may apply for a

30  contempt order to enforce reimbursement for support furnished.

31  The extraordinary remedy of contempt is applicable in child

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






    Florida House of Representatives - 1999                HB 2207

    610-231-99






  1  support enforcement cases because of the public necessity for

  2  ensuring that dependent children be maintained from the

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

  4  part, the burden presently borne by the general citizenry

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

  6  court order establishing an obligation of support, the court

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

  8  reimbursement of public assistance moneys paid.  Priority

  9  shall be given to establishing continuing reasonable support

10  for the dependent child. The department may apply for

11  modification of a court order on the same grounds as either

12  party to the cause and shall have the right to settle and

13  compromise actions brought pursuant to law.

14         Section 2.  This act shall take effect July 1, 1999.

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17                          HOUSE SUMMARY

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      Requires deposit into the General Revenue Fund of funds
19    retained by the state to reimburse public assistance
      payments made to or for the benefit of dependent
20    children.

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