Senate Bill 1032c1

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


    Florida Senate - 2000                  CS for SB's 1032 & 2228

    By the Committee on Banking and Insurance; and Senators Jones
    and Silver




    311-2104-00

  1                      A bill to be entitled

  2         An act relating to child support; amending s.

  3         61.14, F.S.; requiring judges of compensation

  4         claims to consider the interests of the worker

  5         and the worker's family when approving

  6         settlements of workers' compensation claims;

  7         requiring appropriate recovery of any

  8         child-support arrearage from those settlements;

  9         amending s. 61.30, F.S.; providing that gross

10         income includes all workers' compensation

11         benefits and settlements; amending s. 440.20,

12         F.S.; requiring judges of compensation claims

13         to consider the interests of the worker and the

14         worker's family when approving settlements of

15         workers' compensation claims; requiring

16         appropriate recovery of child-support arrearage

17         from those settlements; providing an effective

18         date.

19

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

21

22         Section 1.  Subsection (8) of section 61.14, Florida

23  Statutes, is amended to read:

24         61.14  Enforcement and modification of support,

25  maintenance, or alimony agreements or orders.--

26         (8)(a)  When reviewing any settlement of lump-sum

27  payment pursuant to s. 440.20(11)(a) and (b), judges of

28  compensation claims shall consider the interests of the worker

29  and the workers' family when approving the settlement, which

30  must consider and provide for appropriate recovery of

31  child-support arrearage.

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






    Florida Senate - 2000                  CS for SB's 1032 & 2228
    311-2104-00




  1         (b)  Notwithstanding the provisions of s. 440.22, any

  2  compensation due or that may become due an employee under

  3  chapter 440 is exempt from garnishment, attachment, execution,

  4  and assignment of income, except for the purposes of enforcing

  5  child or spousal support obligations.

  6         Section 2.  Paragraph (a) of subsection (2) of section

  7  61.30, Florida Statutes, is amended to read:

  8         61.30  Child support guidelines; retroactive child

  9  support.--

10         (2)  Income shall be determined on a monthly basis for

11  the obligor and for the obligee as follows:

12         (a)  Gross income shall include, but is not limited to,

13  the following items:

14         1.  Salary or wages.

15         2.  Bonuses, commissions, allowances, overtime, tips,

16  and other similar payments.

17         3.  Business income from sources such as

18  self-employment, partnership, close corporations, and

19  independent contracts. "Business income" means gross receipts

20  minus ordinary and necessary expenses required to produce

21  income.

22         4.  Disability benefits.

23         5.  All worker's compensation benefits and settlements.

24         6.  Unemployment compensation.

25         7.  Pension, retirement, or annuity payments.

26         8.  Social security benefits.

27         9.  Spousal support received from a previous marriage

28  or court ordered in the marriage before the court.

29         10.  Interest and dividends.

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






    Florida Senate - 2000                  CS for SB's 1032 & 2228
    311-2104-00




  1         11.  Rental income, which is gross receipts minus

  2  ordinary and necessary expenses required to produce the

  3  income.

  4         12.  Income from royalties, trusts, or estates.

  5         13.  Reimbursed expenses or in kind payments to the

  6  extent that they reduce living expenses.

  7         14.  Gains derived from dealings in property, unless

  8  the gain is nonrecurring.

  9         Section 3.  Paragraph (d) is added to subsection (11)

10  of section 440.20, Florida Statutes, to read:

11         440.20  Time for payment of compensation; penalties for

12  late payment.--

13         (11)

14         (d)  When reviewing any settlement of lump-sum payment

15  pursuant to this subsection, judges of compensation claims

16  shall consider the interests of the worker and the worker's

17  family when approving the settlement, which must consider and

18  provide for appropriate recovery of child-support arrearage.

19         Section 4.  This act shall take effect July 1, 2000.

20

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                    Senate Bills 1032 and 2228

23

24  Amends ss. 61.14 and 440.20, F.S., to provide that when Judges
    of Compensation Claims (JCCs) review lump-sum workers'
25  compensation payment settlements, they shall consider the
    interests of the worker and the workers' family when approving
26  the settlement. Such settlement must provide for appropriate
    recovery of child support arrearages.
27
    Deletes the provision in s. 61.13, F.S., that the prohibition
28  of creditors claims as to workers' compensation benefits does
    not apply to claims of child support because s. 61.14(8),
29  F.S., currently provides for this exception.

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