Senate Bill 0808c1

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    Florida Senate - 1999                            CS for SB 808

    By the Committee on Children and Families; and Senator
    Diaz-Balart




    300-1824-99

  1                      A bill to be entitled

  2         An act relating to child support enforcement;

  3         amending s. 61.052, F.S.; requiring additional

  4         information on children of the marriage and

  5         parties to a dissolution of marriage; amending

  6         s. 61.13, F.S.; requiring certain identifying

  7         information for each minor that is the subject

  8         of a child support order; amending s. 61.1301,

  9         F.S.; clarifying that child support payments

10         will be made to the State Disbursement Unit;

11         amending s. 61.13016, F.S.; providing a time

12         certain for delinquency in payment; amending s.

13         61.14, F.S.; deleting the requirement that a

14         certified copy of the support order accompany a

15         certified statement of delinquent support

16         payments; amending s. 61.1824, F.S.; clarifying

17         that support payments will be paid to the State

18         Disbursement Unit; amending s. 61.1825, F.S.;

19         defining family violence indicator; amending s.

20         61.1826, F.S.; amending penalty requirement;

21         amending s. 409.2558, F.S.; providing for

22         review of agency action and for overpayment

23         recovery; authorizing the Department of Revenue

24         to adopt rules; amending s. 409.2561, F.S.;

25         providing that the court shall establish

26         liability of an obligor in compliance with the

27         child support guidelines; deleting an obsolete

28         reference; amending s. 409.2564, F.S.;

29         providing for department authority associated

30         with subpoenas; providing for a fine; amending

31         s. 409.25641, F.S.; providing that the term

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  1         automated administrative enforcement is defined

  2         under the Social Security Act; amending s.

  3         409.25656, F.S.; providing that an obligor may

  4         consent in writing to a levy; amending  s.

  5         409.25657, F.S.; providing that the department

  6         shall coordinate with the Federal Parent

  7         Locator Service, where applicable, to develop

  8         and operate a data match system; providing that

  9         the financial institution is required to

10         provide an average daily balance; amending s.

11         409.2577, F.S.; deleting a redundant statement;

12         providing for appropriations; amending s.

13         741.04, F.S.; modifying the requirement that a

14         social security number or other documentation

15         be provided prior to the issuing of a marriage

16         license; amending s. 839.13, F.S.; allowing

17         redaction or removal of social security numbers

18         on court filed documents; providing for

19         contingent repeal of provisions allowing such

20         redaction; providing trust fund reimbursement

21         to certain counties; providing an effective

22         date.

23

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

25

26         Section 1.  Subsections (7) and (8) of section 61.052,

27  Florida Statutes, 1998 Supplement, are amended to read:

28         61.052  Dissolution of marriage.--

29         (7)  In the initial pleading for a dissolution of

30  marriage as a separate attachment to the pleading, each party

31  is required to provide his or her social security number and

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  1  the full names and social security numbers of each of the

  2  minor children of the marriage.

  3         (8)  Pursuant to the federal Personal Responsibility

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

  5  required to provide his or her social security number in

  6  accordance with this section.  Each party is also required to

  7  provide the full name, date of birth, and social security

  8  number for each minor child of the marriage. Disclosure of

  9  social security numbers obtained through this requirement

10  shall be limited to the purpose of administration of the Title

11  IV-D program for child support enforcement.

12         Section 2.  Paragraph (d) of subsection (1) and

13  subsection (10) of section 61.13, Florida Statutes, 1998

14  Supplement, are amended to read:

15         61.13  Custody and support of children; visitation

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

17         (1)

18         (d)1.  Unless the provisions of subparagraph 3. apply,

19  all child support orders entered on or after January 1, 1985,

20  shall direct that the payments of child support be made as

21  provided in s. 61.181 through the depository in the county

22  where the court is located. All child support orders shall

23  provide the full name, date of birth, and social security

24  number of each minor child who is the subject of the child

25  support order.

26         2.  Unless the provisions of subparagraph 3. apply, all

27  child support orders entered before January 1, 1985, shall be

28  modified by the court to direct that payments of child support

29  shall be made through the depository in the county where the

30  court is located upon the subsequent appearance of either or

31

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    Florida Senate - 1999                            CS for SB 808
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  1  both parents to modify or enforce the order, or in any related

  2  proceeding.

  3         3.  If both parties request and the court finds that it

  4  is in the best interest of the child, support payments need

  5  not be directed through the depository.  The order of support

  6  shall provide, or shall be deemed to provide, that either

  7  party may subsequently apply to the depository to require

  8  direction of the payments through the depository.  The court

  9  shall provide a copy of the order to the depository.

10         4.  If the parties elect not to require that support

11  payments be made through the depository, any party may

12  subsequently file an affidavit with the depository alleging a

13  default in payment of child support and stating that the party

14  wishes to require that payments be made through the

15  depository. The party shall provide copies of the affidavit to

16  the court and to each other party.  Fifteen days after receipt

17  of the affidavit, the depository shall notify both parties

18  that future payments shall be paid through the depository.

19         5.  In IV-D cases, the IV-D agency shall have the same

20  rights as the obligee in requesting that payments be made

21  through the depository.

22         (10)  At the time an order for child support is

23  entered, each party is required to provide his or her social

24  security number and date of birth to the court as well as the

25  full name, date of birth, and social security number of each

26  minor child that is the subject of such child support order if

27  this information has not previously been provided.  Pursuant

28  to the federal Personal Responsibility and Work Opportunity

29  Reconciliation Act of 1996, each party is required to provide

30  his or her social security number in accordance with this

31  section.  All social security numbers required by this section

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    Florida Senate - 1999                            CS for SB 808
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  1  must be provided by the parties and maintained by the

  2  depository as a separate attachment in the file. Disclosure of

  3  social security numbers obtained through this requirement

  4  shall be limited to the purpose of administration of the Title

  5  IV-D program for child support enforcement.

  6         Section 3.  Subsection (1) of section 61.1301, Florida

  7  Statutes, 1998 Supplement, is amended to read:

  8         61.1301  Income deduction orders.--

  9         (1)  ISSUANCE IN CONJUNCTION WITH AN ORDER

10  ESTABLISHING, ENFORCING, OR MODIFYING AN OBLIGATION FOR

11  ALIMONY OR CHILD SUPPORT.--

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

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

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

15  temporary order, the court shall enter a separate order for

16  income deduction if one has not been entered.  Copies of the

17  orders shall be served on the obligee and obligor. If the

18  order establishing, enforcing, or modifying the obligation

19  directs that payments be made through the depository, the

20  court shall provide to the depository a copy of the order

21  establishing, enforcing, or modifying the obligation. If the

22  obligee is a recipient of Title IV-D services, the court shall

23  furnish to the Title IV-D agency a copy of the income

24  deduction order and the order establishing, enforcing, or

25  modifying the obligation.

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

27  implement income deduction after receiving a copy of an order

28  from the court under this paragraph or a forwarding agency

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

30  notice to the payor.

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    Florida Senate - 1999                            CS for SB 808
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  1         2.  The income deduction notice must state that it is

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

  3  income deduction requirement or upon a separate income

  4  deduction order. The income deduction notice must contain the

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

  6  income deduction notice must contain the following information

  7  from the income deduction order upon which the notice is

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

  9  the date entered.

10         3.  Payors shall deduct support payments from income,

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

12  provided under paragraph (2)(e).

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

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

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

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

17  copy of the income deduction order.

18         5.  If a support order entered before January 1, 1994,

19  in a non-Title IV-D case does not specify income deduction,

20  income deduction may be initiated upon a delinquency without

21  the need for any amendment to the support order or any further

22  action by the court.  In such case the obligee may implement

23  income deduction by serving a notice of delinquency on the

24  obligor as provided for under paragraph (f).

25         (b)  The income deduction order shall:

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

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

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

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

30  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         6.  Direct that, at such time as the State Disbursement

24  Unit becomes operational, all payments in those cases in which

25  the obligee is receiving Title IV-D services and in those

26  cases in which the obligee is not receiving Title IV-D

27  services in which the initial support order was issued in this

28  state on or after January 1, 1994, and in which the obligor's

29  child support obligation is being paid through income

30  deduction, be made payable to and delivered to the State

31  Disbursement Unit. Notwithstanding any other statutory

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    Florida Senate - 1999                            CS for SB 808
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  1  provision to the contrary, funds received by the State

  2  Disbursement Unit shall be held, administered, and disbursed

  3  by the State Disbursement Unit pursuant to the provisions of

  4  this chapter.

  5         (c)  The income deduction order is effective

  6  immediately unless the court upon good cause shown finds that

  7  the income deduction order shall be effective upon a

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

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

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

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

12         1.  Explain why implementing immediate income deduction

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

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

15  ordered obligation without an income deduction order in cases

16  of modification; and

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

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

19  and health insurance; or

20         b.  There is a signed written agreement providing an

21  alternative arrangement between the obligor and the obligee

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

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

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

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

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

27  further order of the court. Notwithstanding the foregoing,

28  however, at such time as the State Disbursement Unit becomes

29  operational, in those cases in which the obligee is receiving

30  Title IV-D services and in those cases in which the obligee is

31  not receiving Title IV-D services in which the initial support

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  1  order was issued in this state on or after January 1, 1994,

  2  and in which the obligor's child support obligation is being

  3  paid through income deduction, such payments shall be made

  4  payable to and delivered to the State Disbursement Unit and

  5  the payor shall not be obligated to remit with the child

  6  support payment any fee for the receiving, recording,

  7  reporting, disbursing, monitoring, or handling of child

  8  support payments required in such order.

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

10  orders the income deduction to be effective immediately, the

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

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

13  order.  The statement shall state:

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

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

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

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

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

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

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

21         3.  That the income deduction order applies to current

22  and subsequent payors and periods of employment.

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

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

25  on the obligor's payor or payors.

26         5.  That enforcement of the income deduction order may

27  only be contested on the ground of mistake of fact regarding

28  the amount owed pursuant to the order establishing, enforcing,

29  or modifying the obligation, the arrearages, or the identity

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

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

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

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

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

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

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

  7  deduction to be effective upon a delinquency as provided in

  8  paragraph (c), the obligee or, in Title IV-D cases, the Title

  9  IV-D agency may enforce the income deduction by serving a

10  notice of delinquency on the obligor under this subsection.

11         1.  The notice of delinquency shall state:

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

13  modifying the obligation.

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

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

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

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

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

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

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

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

22  303(b) of the Consumer Credit Protection Act, 15 U.S.C. s.

23  1673(b), as amended.

24         e.  That the income deduction order applies to current

25  and subsequent payors and periods of employment.

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

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

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

29  income deduction notice, unless the obligor applies to the

30  court to contest enforcement of the income deduction. The

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

  2  notice of delinquency was served.

  3         g.  That enforcement of the income deduction order may

  4  only be contested on the ground of mistake of fact regarding

  5  the amount owed pursuant to the order establishing, enforcing,

  6  or modifying the obligation, the amount of arrearages, or the

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

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

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

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

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

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

13  agency instead of to the obligee.

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

15  delinquency does not preclude subsequent service of the income

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

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

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

19  not owed.

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

21  may apply to the court to:

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

23  order in accordance with a modification, suspension, or

24  termination of the support provisions in the underlying order;

25  or

26         2.  Modify the amount of income deducted when the

27  arrearage has been paid.

28         Section 4.  Subsection (1) of section 61.13016, Florida

29  Statutes, is amended to read:

30         61.13016  Suspension of driver's licenses and motor

31  vehicle registrations.--

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  1         (1)  The driver's license and motor vehicle

  2  registration of a child support obligor who is delinquent in

  3  payment or who has failed to comply with subpoenas or a

  4  similar order to appear or show cause relating to paternity or

  5  child support proceedings may be suspended.  When an obligor

  6  is 15 days delinquent in making a payment Upon a delinquency

  7  in child support or fails failure to comply with a subpoena,

  8  order to appear, order to show cause, or similar order in IV-D

  9  cases, the Title IV-D agency may provide notice to the obligor

10  of the delinquency or failure to comply with a subpoena, order

11  to appear, order to show cause, or similar order and the

12  intent to suspend by regular United States mail that is posted

13  to the obligor's last address of record with the Department of

14  Highway Safety and Motor Vehicles. Upon a delinquency in child

15  support in non-IV-D cases, and upon the request of the

16  obligee, the depository or the clerk of the court must provide

17  notice to the obligor of the delinquency and the intent to

18  suspend by regular United States mail that is posted to the

19  obligor's last address of record with the Department of

20  Highway Safety and Motor Vehicles.  In either case, the notice

21  must state:

22         (a)  The terms of the order creating the child support

23  obligation;

24         (b)  The period of the delinquency and the total amount

25  of the delinquency as of the date of the notice or describe

26  the subpoena, order to appear, order to show cause, or other

27  similar order which has not been complied with;

28         (c)  That notification will be given to the Department

29  of Highway Safety and Motor Vehicles to suspend the obligor's

30  driver's license and motor vehicle registration unless, within

31  20 days after the date the notice is mailed, the obligor:

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  1         1.a.  Pays the delinquency in full;

  2         b.  Enters into a written agreement for payment with

  3  the obligee in non-IV-D cases or with the Title IV-D agency in

  4  IV-D cases; or in IV-D cases, complies with a subpoena or

  5  order to appear, order to show cause, or a similar order; or

  6         c.  Files a petition with the circuit court to contest

  7  the delinquency action; and

  8         2.  Pays any applicable delinquency fees.

  9

10  If the obligor in non-IV-D cases enters into a written

11  agreement for payment before the expiration of the 20-day

12  period, the obligor must provide a copy of the signed written

13  agreement to the depository or the clerk of the court.

14         Section 5.  Paragraph (a) of subsection (6) of section

15  61.14, Florida Statutes, 1998 Supplement, is amended to read:

16         61.14  Enforcement and modification of support,

17  maintenance, or alimony agreements or orders.--

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

19  local depository, any payment or installment of support which

20  becomes due and is unpaid under any support order is

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

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

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

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

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

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

27  deduction shall be made by the local depository from any

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

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

30  amount of support payments due the obligee under the judgment

31  has been paid.

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  1         2.  A certified copy of the support order and a

  2  certified statement by the local depository evidencing a

  3  delinquency in support payments constitute evidence of the

  4  final judgment under this paragraph.

  5         3.  The judgment under this paragraph is a final

  6  judgment as to any unpaid payment or installment of support

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

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

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

10  modify such judgment as to any unpaid payment or installment

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

12  motion to alter or modify the support order.  This

13  subparagraph does not prohibit the court from providing relief

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

15  Civil Procedure.

16         (b)1.  When an obligor is 15 days delinquent in making

17  a payment or installment of support, the local depository

18  shall serve notice on the obligor informing him or her of:

19         a.  The delinquency and its amount.

20         b.  An impending judgment by operation of law against

21  him or her in the amount of the delinquency and all other

22  amounts which thereafter become due and are unpaid, together

23  with costs and a fee of $5, for failure to pay the amount of

24  the delinquency.

25         c.  The obligor's right to contest the impending

26  judgment and the ground upon which such contest can be made.

27         d.  The local depository's authority to release

28  information regarding the delinquency to one or more credit

29  reporting agencies.

30         2.  The local depository shall serve the notice by

31  mailing it by first class mail to the obligor at his or her

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  1  last address of record with the local depository. If the

  2  obligor has no address of record with the local depository,

  3  service shall be by publication as provided in chapter 49.

  4         3.  When service of the notice is made by mail, service

  5  is complete on the date of mailing.

  6         (c)  Within 15 days after service of the notice is

  7  complete, the obligor may file with the court that issued the

  8  support order, or with the court in the circuit where the

  9  local depository which served the notice is located, a motion

10  to contest the impending judgment.  An obligor may contest the

11  impending judgment only on the ground of a mistake of fact

12  regarding an error in whether a delinquency exists, in the

13  amount of the delinquency, or in the identity of the obligor.

14         (d)  The court shall hear the obligor's motion to

15  contest the impending judgment within 15 days after the date

16  of the filing of the motion. Upon the court's denial of the

17  obligor's motion, the amount of the delinquency and all other

18  amounts which thereafter become due, together with costs and a

19  fee of $5, become a final judgment by operation of law against

20  the obligor. The depository shall charge interest at the rate

21  established in s. 55.03 on all judgments for child support.

22         (e)  If the obligor fails to file a motion to contest

23  the impending judgment within the time limit prescribed in

24  paragraph (c) and fails to pay the amount of the delinquency

25  and all other amounts which thereafter become due, together

26  with costs and a fee of $5, such amounts become a final

27  judgment by operation of law against the obligor at the

28  expiration of the time for filing a motion to contest the

29  impending judgment.

30         (f)1.  Upon request of any person, the local depository

31  shall issue, upon payment of a fee of $5, a payoff statement

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  1  of the total amount due under the judgment at the time of the

  2  request. The statement may be relied upon by the person for up

  3  to 30 days from the time it is issued unless proof of

  4  satisfaction of the judgment is provided.

  5         2.  When the depository records show that the obligor's

  6  account is current, the depository shall record a satisfaction

  7  of the judgment upon request of any interested person and upon

  8  receipt of the appropriate recording fee.  Any person shall be

  9  entitled to rely upon the recording of the satisfaction.

10         3.  The local depository, at the direction of the

11  department, or the obligee in a non-IV-D case, may partially

12  release the judgment as to specific real property, and the

13  depository shall record a partial release upon receipt of the

14  appropriate recording fee.

15         4.  The local depository is not liable for errors in

16  its recordkeeping, except when an error is a result of

17  unlawful activity or gross negligence by the clerk or his or

18  her employees.

19         Section 6.  Subsection (6) is added to section 61.1824,

20  Florida Statutes, 1998 Supplement, to read:

21         61.1824  State Disbursement Unit.--

22         (6)  Effective October 1, 1999, or such earlier date as

23  the State Disbursement Unit becomes operational, all support

24  payments for cases to which the requirements of this section

25  apply shall be made payable to and delivered to the State

26  Disbursement Unit. Notwithstanding any other statutory

27  provision to the contrary, funds received by the State

28  Disbursement Unit shall be held, administered, and disbursed

29  by the State Disbursement Unit pursuant to the provisions of

30  this chapter.

31

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  1         Section 7.  Section 61.1825, Florida Statutes, 1998

  2  Supplement, is amended to read:

  3         61.1825  State Case Registry.--

  4         (1)  The Department of Revenue or its agent shall

  5  operate and maintain a State Case Registry as provided by 42

  6  U.S.C. s. 654A. The State Case Registry must contain records

  7  for:

  8         (a)  Each case in which services are being provided by

  9  the department as the state's Title IV-D agency; and

10         (b)  By October 1, 1998, each support order established

11  or modified in the state on or after October 1, 1998, in which

12  services are not being provided by the Title IV-D agency.

13

14  The department shall maintain that part of the State Case

15  Registry that includes support order information for Title

16  IV-D cases on the department's child support enforcement

17  automated system.

18         (2)  By October 1, 1998, for each support order

19  established or modified by a court of this state on or after

20  October 1, 1998, the depository for the court that enters the

21  support order in a non-Title IV-D case shall provide, in an

22  electronic format prescribed by the department, the following

23  information to that component of the State Case Registry that

24  receives, maintains, and transmits support order information

25  for non-Title IV-D cases:

26         (a)  The names of the obligor, obligee, and child or

27  children;

28         (b)  The social security numbers of the obligor,

29  obligee, and child or children;

30         (c)  The dates of birth of the obligor, obligee, and

31  child or children;

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  1         (d)  Whether a family violence indicator is present or

  2  if a court order has been entered against a party in a

  3  domestic violence or protective action;

  4         (e)  The date the support order was established or

  5  modified;

  6         (f)  The case identification number, which is the

  7  two-digit numeric county code followed by the civil circuit

  8  case number;

  9         (g)  The federal information processing system numeric

10  designation for the county and state where the support order

11  was established or modified; and

12         (h)  Any other data as may be required by the United

13  States Secretary of Health and Human Services.

14         (3)  For the purpose of this section a family violence

15  indicator must be placed on a record when:

16         (a)  A party executes a sworn statement requesting a

17  family violence indicator be placed on that party's record

18  which states they have reason to believe that release of

19  information to the Federal Case Registry may result in

20  physical or emotional harm to the party or the child. This

21  statement must be accompanied by a court determination of

22  domestic violence or child abuse as evidenced by:

23         1.  A final injunction pursuant to chapter 741 or 784;

24         2.  A judgment that indicates a finding of domestic

25  violence;

26         3.  The entering of a dependency order pursuant to

27  chapter 39; or

28         4.  A criminal conviction resulting from domestic

29  violence.

30         (b)  A party is a participant in the address

31  confidentiality program as defined in s. 741.403.

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  1         (c)  The department has received information from the

  2  Domestic Violence and Repeat Violence Injunction Statewide

  3  Verification System that a court has granted a party a

  4  domestic violence or repeat violence injunction.

  5         (4)(3)  The depository, using standardized data

  6  elements, shall provide the support order information required

  7  by subsection (2) to the entity that maintains the non-Title

  8  IV-D support order information for the State Case Registry at

  9  a frequency and in a format prescribed by the department.

10         (5)(4)  The entity that maintains State Case Registry

11  information for non-Title IV-D cases shall make the

12  information available to the department in a readable and

13  searchable electronic format that is compatible with the

14  department's automated child support enforcement system.

15         (6)(5)  State Case Registry information must be

16  transmitted electronically to the Federal Case Registry of

17  Child Support Orders by the department in a manner and

18  frequency prescribed by the United States Secretary of Health

19  and Human Services.

20         Section 8.  Subsection (9) of section 61.1826, Florida

21  Statutes, is amended to read:

22         61.1826  Procurement of services for State Disbursement

23  Unit and the non-Title IV-D component of the State Case

24  Registry; contracts and cooperative agreements; penalties;

25  withholding payment.--

26         (9)  PENALTIES.--All depositories must participate in

27  the State Disbursement Unit and the non-Title IV-D component

28  of the State Case Registry as provided in this chapter. If,

29  after notice and an opportunity to cure an otherwise curable

30  default, a depository fails to comply with the material terms

31  of the cooperative agreement, the failure to comply subjects

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  1  the county officer or officers responsible for the depository

  2  to the sanctions provided in Article IV of the State

  3  Constitution. However, no county officer or officers shall be

  4  subject to sanctions under Article IV of the State

  5  Constitution for any noncurable default resulting from

  6  circumstances or conditions outside the control of the

  7  depository. If a depository fails to comply with this

  8  requirement or with any material contractual term or other

  9  state or federal requirement, the failure constitutes

10  misfeasance which subjects the county officer or officers

11  responsible for the depository to suspension under Art. IV of

12  the State Constitution. The department shall report any

13  continuing acts of misfeasance by a depository to the Governor

14  and Cabinet and to the Florida Association of Court Clerks.

15         Section 9.  Section 409.2558, Florida Statutes, 1998

16  Supplement, is amended to read:

17         409.2558  Child support distribution and

18  disbursement.--

19         (1)  The department shall distribute and disburse child

20  support payments collected in Title IV-D cases in accordance

21  with 42 U.S.C. s. 657 and regulations adopted thereunder by

22  the Secretary of the United States Department of Health and

23  Human Services.

24         (2)  A recipient of collection and distribution

25  services of the department's Child Support Enforcement Program

26  may request a reconsideration by the department concerning the

27  amount collected, the date collected, the amount distributed,

28  the distribution timing, or the calculation of arrears. The

29  department shall establish by rule a reconsideration procedure

30  for informal review of agency action in distributing and

31  disbursing child support payments collected by the department.

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  1  The procedures must provide the recipients of services with an

  2  opportunity to review the department's actions before a

  3  hearing is requested under chapter 120.

  4         (3)  If the department's records indicate that a child

  5  support obligee has received an overpayment of child support

  6  from the department due to mistake or fraud, the department

  7  may take action to recover the overpayment. The department may

  8  establish by rule a procedure to recover overpayments.

  9         Section 10.  Subsections (1) and (5) of section

10  409.2561, Florida Statutes, 1998 Supplement, are amended to

11  read:

12         409.2561  Child support obligations when public

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

14  and health insurance information.--

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

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

17  in an amount determined under the child support guidelines

18  equal to the amount of public assistance paid. In accordance

19  with 42 U.S.C. s. 657, the state shall retain amounts

20  collected only to the extent necessary to reimburse amounts

21  paid to the family as assistance by the state. If there has

22  been a prior court order or final judgment of dissolution of

23  marriage establishing an obligation of support, the obligation

24  is limited to the amount provided by such court order or

25  decree. The obligor shall discharge the reimbursement

26  obligation. If the obligor fails to discharge the

27  reimbursement obligation, the department may apply for a

28  contempt order to enforce reimbursement for support furnished.

29  The extraordinary remedy of contempt is applicable in child

30  support enforcement cases because of the public necessity for

31  ensuring that dependent children be maintained from the

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

  2  part, the burden presently borne by the general citizenry

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

  4  court order establishing an obligation of support, the court

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

  6  applying the child support guidelines for reimbursement of

  7  public assistance moneys paid.  Priority shall be given to

  8  establishing continuing reasonable support for the dependent

  9  child. The department may apply for modification of a court

10  order on the same grounds as either party to the cause and

11  shall have the right to settle and compromise actions brought

12  pursuant to law.

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

14  assignment in effect pursuant to this section:

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

16  information for Medicaid recipients and applicants for

17  Medicaid and provide this information to the state Medicaid

18  agency for third-party liability purposes.

19         (b)  When the obligor receives health insurance

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

21  provide health insurance policy information, including any

22  information available about the health insurance policy which

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

24  maintenance or preferred provider organization, service to be

25  provided, to the state Medicaid agency.

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

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

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

29  notified within 30 days when such coverage is discontinued.

30         (d)  Entities providing health insurance as defined in

31  s. 624.603 and health maintenance organizations and prepaid

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  1  health clinics as defined in chapter 641 shall provide such

  2  records and information as is necessary to accomplish the

  3  purpose of this subsection, unless such requirement results in

  4  an unreasonable burden.

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

  6  commissioner of the Department of Insurance shall enter into a

  7  cooperative agreement for requesting and obtaining information

  8  necessary to effect the purpose and objectives of this

  9  subsection:

10         1.  The department shall only request that information

11  necessary to determine whether health insurance as defined

12  pursuant to s. 624.603 or those health services provided

13  pursuant to chapter 641 is discontinued.

14         2.  All information obtained pursuant to subparagraph

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

16  119.07(1).

17         3.  The cooperative agreement or rules promulgated

18  hereunder may include financial arrangements to reimburse the

19  reporting entities for reasonable costs or a portion thereof

20  incurred in furnishing the requested information. Neither the

21  cooperative agreement nor the rules shall require the

22  automation of manual processes to provide the requested

23  information.

24         4.  The department and the Department of Insurance

25  jointly shall promulgate rules for the development and

26  administration of the cooperative agreement. The rules shall

27  include the following:

28         a.  A method for identifying those entities subject to

29  furnishing information under the cooperative agreement;

30         b.  A method for furnishing requested information; and

31

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  1         c.  Procedures for requesting exemption from the

  2  cooperative agreement based on an unreasonable burden to the

  3  reporting entity.

  4         (e)(f)  Upon the state Medicaid agency receiving notice

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

  6  discontinued due to cancellation or other means, the Medicaid

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

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

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

10  enforcement.

11         Section 11.  Subsection (8) of section 409.2564,

12  Florida Statutes, 1998 Supplement, is amended to read:

13         409.2564  Actions for support.--

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

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

16  financial and other information necessary to establish,

17  modify, or enforce a child support order.

18         (a)  For the purpose of establishing, modifying, or

19  enforcing a child support order, the director of this or

20  another state's Title IV-D agency or any investigation under

21  this chapter, any designated employee designated by the

22  director of this state's Title IV-D agency or authorized under

23  another state's law may administer oaths or affirmations,

24  subpoena witnesses and compel their attendance, take evidence

25  and require the production of any matter which is relevant to

26  the child support enforcement action investigation, including

27  the existence, description, nature, custody, condition, and

28  location of any books, documents, or other tangible things and

29  the identity and location of persons having knowledge of

30  relevant facts or any other matter reasonably calculated to

31  lead to the discovery of material evidence.

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  1         (b)  Subpoenas issued by this or any other state's

  2  Title IV-D agency may be challenged in accordance with s.

  3  120.569(2)(k)1. While a subpoena is being challenged, the

  4  Title IV-D agency may not impose a fine as provided for under

  5  this paragraph until the challenge is complete and the

  6  subpoena has been found to be valid Prior to making

  7  application to the court for an order compelling compliance

  8  with a subpoena, the department shall issue a written

  9  notification of noncompliance.  Failure to comply with the

10  subpoena or challenge the subpoena as provided in this

11  paragraph within 15 days after service of the subpoena may

12  result in the agency taking the following actions:

13         1.  Imposition of an administrative fine of not more

14  than $500;

15         2.  Enforcement of the subpoena as provided in s.

16  120.569(2)(k)2. When a subpoena is enforced under s.

17  120.569(2)(k)2., the court may award costs and attorney's fees

18  to the prevailing party in accordance with that section.

19         (c)  The Title IV-D agency may seek to collect

20  administrative fines imposed under paragraph (b) by filing a

21  petition in the circuit court of the judicial circuit in which

22  the person against whom the fine was imposed resides. All

23  fines collected under this section shall be deposited into the

24  Child Support Enforcement Application and Program Revenue

25  Trust Fund. receipt of the written notification without good

26  cause may result in the application by the Title IV-D agency

27  to the circuit court for an order compelling compliance with

28  the subpoena.  The person who is determined to be in

29  noncompliance with the subpoena shall be liable for reasonable

30  attorney's fees and costs associated with the department

31

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  1  bringing this action upon showing by the department that the

  2  person failed to comply with the request without good cause.

  3         Section 12.  Subsection (1) of section 409.25641,

  4  Florida Statutes, 1998 Supplement, is amended to read:

  5         409.25641  Procedures for processing automated

  6  administrative enforcement requests.--

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

  8  administrative enforcement, as defined in the Social Security

  9  Act, in response to a request from another state to enforce a

10  support order and shall promptly report the results of

11  enforcement action to the requesting state. "Automated

12  administrative enforcement" means the use of automated data

13  processing to search state databases and determine whether

14  information is available regarding the parent who owes a child

15  support obligation.

16         Section 13.  Subsection (7) of section 409.25656,

17  Florida Statutes, is amended to read:

18         409.25656  Garnishment.--

19         (7)(a)  Levy may be made under subsection (3) upon

20  credits, other personal property, or debt of any person with

21  respect to any past due or overdue child support obligation

22  only after the executive director or his or her designee has

23  notified such person in writing of the intention to make such

24  levy.

25         (b)  Not less than 30 days before the day of the levy,

26  the notice of intent to levy required under paragraph (a) must

27  be given in person or sent by certified or registered mail to

28  the person's last known address.

29         (c)  The notice required in paragraph (a) must include

30  a brief statement that sets forth:

31

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  1         1.  The provisions of this section relating to levy and

  2  sale of property;

  3         2.  The procedures applicable to the levy under this

  4  section;

  5         3.  The administrative and judicial appeals available

  6  to the obligor with respect to such levy and sale, and the

  7  procedures relating to such appeals; and

  8         4.  The alternatives, if any, available to the obligor

  9  which could prevent levy on the property.

10         (d)  The obligor may consent in writing to the levy any

11  time after receipt of a notice of intent to levy.

12         Section 14.  Subsection (2) of section 409.25657,

13  Florida Statutes, is amended to read:

14         409.25657  Requirements for financial institutions.--

15         (2)  The department shall develop procedures to enter

16  into agreements with financial institutions doing business in

17  the state, to develop and operate, in coordination with such

18  financial institutions and the Federal Parent Locator Service

19  in the case of financial institutions doing business in two or

20  more states, to develop and operate a data match system, using

21  automated data exchanges to the maximum extent feasible, in

22  which each financial institution is required to provide for

23  each calendar quarter the name, record address, social

24  security number or other taxpayer identification number,

25  average daily account balance, and other identifying

26  information for:

27         (a)  Each noncustodial parent who maintains an account

28  at such institution and who owes past due support, as

29  identified by the department by name and social security

30  number or other taxpayer identification number; or.

31

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  1         (b)  At the financial institution's option, each

  2  individual who maintains an account at such institution. Use

  3  of this information must be limited to the purpose of

  4  administration of the Title IV-D program for child support

  5  enforcement.

  6         Section 15.  Section 409.2577, Florida Statutes, 1998

  7  Supplement, is amended to read:

  8         409.2577  Parent locator service.--The department shall

  9  establish a parent locator service to assist in locating

10  parents who have deserted their children and other persons

11  liable for support of dependent children.  The department

12  shall use all sources of information available, including the

13  Federal Parent Locator Service, and may request and shall

14  receive information from the records of any person or the

15  state or any of its political subdivisions or any officer

16  thereof. Any agency as defined in s. 120.52, any political

17  subdivision, and any other person shall, upon request, provide

18  the department any information relating to location, salary,

19  insurance, social security, income tax, and employment history

20  necessary to locate parents who owe or potentially owe a duty

21  of support pursuant to Title IV-D of the Social Security Act.

22  This provision shall expressly take precedence over any other

23  statutory nondisclosure provision which limits the ability of

24  an agency to disclose such information, except that law

25  enforcement information as provided in s. 119.07(3)(i) is not

26  required to be disclosed, and except that confidential

27  taxpayer information possessed by the Department of Revenue

28  shall be disclosed only to the extent authorized in s.

29  213.053(15).  Nothing in this section requires the disclosure

30  of information if such disclosure is prohibited by federal

31  law. Information gathered or used by the parent locator

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

  2  119.07(1). Additionally, the department is authorized to

  3  collect any additional information directly bearing on the

  4  identity and whereabouts of a person owing or asserted to be

  5  owing an obligation of support for a dependent child.

  6  Information gathered or used by the parent locator service is

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

  8  The department may make such information available only to

  9  public officials and agencies of this state; political

10  subdivisions of this state; the custodial parent, legal

11  guardian, attorney, or agent of the child; and other states

12  seeking to locate parents who have deserted their children and

13  other persons liable for support of dependents, for the sole

14  purpose of establishing, modifying, or enforcing their

15  liability for support, and shall make such information

16  available to the Department of Children and Family Services

17  for the purpose of diligent search activities pursuant to

18  chapter 39. If the department has reasonable evidence of

19  domestic violence or child abuse and the disclosure of

20  information could be harmful to the custodial parent or the

21  child of such parent, the child support program director or

22  designee shall notify the Department of Children and Family

23  Services and the Secretary of the United States Department of

24  Health and Human Services of this evidence. Such evidence is

25  sufficient grounds for the department to disapprove an

26  application for location services.

27         Section 16.  (1)  The sum of $73,778 from the General

28  Revenue Fund and the sum of $143,216 from the Grants and

29  Donations Trust Fund are appropriated to the Department of

30  Revenue to implement the amendments made by this act to

31  section 409.2558, Florida Statutes, 1998 Supplement.

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  1         (2)  The sum of $24,480 from the General Revenue Fund

  2  and the sum of $47,520 from the Grants and Donations Trust

  3  Fund are appropriated to the Department of Revenue to

  4  implement the amendments made by this act to section

  5  409.25657, Florida Statutes, 1998 Supplement.

  6         Section 17.  Subsection (1) of section 741.04, Florida

  7  Statutes, 1998 Supplement, is amended to read:

  8         741.04  Marriage license issued.--

  9         (1)  No county court judge or clerk of the circuit

10  court in this state shall issue a license for the marriage of

11  any person unless there shall be first presented and filed

12  with him or her an affidavit in writing, signed by both

13  parties to the marriage, providing the social security numbers

14  or any other available identification numbers of each party,

15  made and subscribed before some person authorized by law to

16  administer an oath, reciting the true and correct ages of such

17  parties; unless both such parties shall be over the age of 18

18  years, except as provided in s. 741.0405; and unless one party

19  is a male and the other party is a female.  Pursuant to the

20  federal Personal Responsibility and Work Opportunity

21  Reconciliation Act of 1996, each party is required to provide

22  his or her social security number in accordance with this

23  section. The state has a compelling interest in promoting not

24  only marriage but also responsible parenting, which may

25  include the payment of child support. Any person who has been

26  issued a social security number must provide that number.

27  However, when an individual is not a citizen of the United

28  States and does not have a social security number, alien

29  registration documentation, or other proof of immigration

30  registration from the United States Immigration and

31  Naturalization Service that contains the individual's alien

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  1  admission number or alien file number, or such other documents

  2  as the state determines constitutes reasonable evidence

  3  indicating a satisfactory immigration status, shall be

  4  provided in lieu of the social security number.  Disclosure of

  5  social security numbers or other identification numbers

  6  obtained through this requirement shall be limited to the

  7  purpose of administration of the Title IV-D program for child

  8  support enforcement. Any person who is not a citizen of the

  9  United States may provide either a social security number or

10  an alien number if one has been issued by the United States

11  Immigration and Naturalization Service. Any person who is not

12  a citizen of the United States and who has not been issued a

13  social security number or an alien number is encouraged to

14  provide another form of identification. Nothing in this

15  section shall be construed to mean that a county court judge

16  or clerk of the circuit court in this state shall not issue a

17  marriage license to individuals who are not citizens of the

18  United States if one or both of the parties are unable to

19  provide a social security number, alien number, or other

20  identification number.

21         Section 18.  Present subsection (2) of section 839.13,

22  Florida Statutes, is redesignated as subsection (3) and a new

23  subsection (2) is added, to read:

24         839.13  Falsifying records.--

25         (2)  Redacting or removing social security numbers from

26  any document or instrument recorded or filed in any court or

27  registry, prior to disbursement or distribution of that

28  document or instrument, does not constitute a violation of

29  this section.

30         Section 19.  Section 18 of this act is contingent upon

31  the passage of a public records exception in SB 928, or

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  1  similar legislation. If SB 928 or similar legislation fails to

  2  become a law, subsection (2) of section 893.13, Florida

  3  Statutes, as created by this act, is repealed.

  4         Section 20.  Fifty percent of the actual, documented

  5  cost for full participation for Miami-Dade, Seminole, and

  6  Collier counties will be reimbursed by the Clerk of the Court

  7  Child Support Enforcement Collection System Trust Fund after

  8  any costs are paid by any other sources. Actual documented

  9  cost for full participation will be determined by a jointly

10  funded, independent entity selected by agreement of each of

11  the respective county clerks and the Florida Association of

12  Court Clerks and Comptrollers. Ongoing maintenance costs

13  remain the responsibility of the individual participating

14  depository.

15         Section 21.  This act shall take effect July 1, 1999.

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






    Florida Senate - 1999                            CS for SB 808
    300-1824-99




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 808

  3

  4  For purposes of the child support program, this bill requires
    the full names and social security numbers of each child of
  5  the marriage in an initial pleading for dissolution of
    marriage as wells as requiring the full name, date of birth,
  6  and social security number of each minor (in addition to the
    parties) who is the subject of a child support order.
  7
    Directs that, at such time as the State Disbursement Unit
  8  becomes operational, all child support payments will be made
    payable to and delivered to the SDU. Language is clarified to
  9  provide that funds received by the SDU shall be held,
    administered, and disbursed by the SDU.
10
    The section of law relating to the suspension of a driver's
11  license and motor vehicle registration is amended to provide a
    time-certain (15 days delinquent) for purposes of suspension
12  of a driver's license and motor vehicle registration.

13  Language allowing a certified copy of the support order as
    evidence of a final judgment is deleted. Hereafter, only a
14  certified statement by the local depository is required.

15  The section of law relevant to the State Case Registry is
    amended to provide a definition of the term "family violence
16  indicator."

17  The section of law relating to marriage license issuance is
    amended to provide that any non-citizen may provide either a
18  social security number or an alien number for purposes of
    issuance of a marriage license. If such number is not
19  available, a county court should still issue the license.

20  The section of law relating to the prohibition on falsifying
    public records is amended to provide that social security
21  numbers may be redacted or removed from any document or
    instrument recorded or filed in any court or registry prior to
22  disbursement of said record. This will require a public
    records exception so a severability clause is included for
23  this section if the passage of a required public records bill
    does not occur.
24
    A provision is included to allow fifty percent of the actual,
25  documented net cost for full participation in the State
    Disbursement Unit to be paid to Miami-Dade, Seminole, and
26  Collier Counties from the Clerk of the Court Child Support
    Enforcement Collection System Trust Fund.
27
    Deletes the section of the bill, as filed, that would allow
28  the Department of Revenue to redirect payments under a support
    order to the department for distribution and disbursement.
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