House Bill 1185

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







    Florida House of Representatives - 2000                HB 1185

        By Representative Goode






  1                      A bill to be entitled

  2         An act relating to dissolution of marriage;

  3         amending s. 28.101, F.S.; providing an

  4         additional charge when a party petitions for a

  5         dissolution of marriage; providing for the

  6         disposition of the charge for the payment of a

  7         policy of insurance to provide child support

  8         payments when the payor's employment has been

  9         involuntary terminated; providing a definition;

10         directing the clerk to keep certain records;

11         providing an effective date.

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

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15         Section 1.  Paragraph (e) is added to subsection (1) of

16  section 28.101, Florida Statutes, to read:

17         28.101  Petitions and records of dissolution of

18  marriage; additional charges.--

19         (1)  When a party petitions for a dissolution of

20  marriage, in addition to the filing charges in s. 28.241, the

21  clerk shall collect and receive:

22         (e)  A charge of $50 with respect to petitions which

23  include custody of a minor child or children. On a monthly

24  basis, the clerk shall transfer the moneys collected pursuant

25  to this paragraph to the authorized insurer, or eligible

26  surplus lines insurer, selected pursuant to chapter 287, for

27  the issuance of a policy of insurance to provide child support

28  payments when the payor's employment has been involuntarily

29  terminated. The $50 charge may be reduced to the actual

30  premium amount for such policy as determined through the

31  competitive bidding process and chapter 287.

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






    Florida House of Representatives - 2000                HB 1185

    154-276-00






  1         1.  The policy required by this paragraph shall provide

  2  for the payment of child support amounts due to the child or

  3  the child's legal guardian. Payments shall be made, after a

  4  reasonable waiting period, on behalf of the obligated person

  5  when the obligated person has become unemployed by reason of

  6  involuntary unemployment. "Involuntary unemployment" means

  7  unemployment due to strikes, lockouts, individual and mass

  8  layoffs, or loss of income due to business failure or

  9  bankruptcy. Payments shall be equal to the monthly child

10  support payments as set forth in the divorce decree or other

11  order of the court and shall be payable for the term of

12  involuntary unemployment, but in no event shall payments be

13  made for a period of more than 13 weeks. The 13 weeks do not

14  have to be consecutive; however, this is the maximum number of

15  weeks payable on behalf of the obligated person for the total

16  of all periods of involuntary unemployment.

17         2.  The clerk shall maintain a separate record of all

18  insurance costs. In addition to the costs collected for the

19  payment of the insurance premium, the clerk or the judge may

20  collect an additional fee of $4 to cover the administrative

21  cost of collecting and transmitting the insurance premium.

22         3.  For the purposes of this paragraph, the office of

23  the clerk of court shall be an agency as defined in s.

24  287.012. The selection of the insurer shall be made pursuant

25  to the provisions of chapter 287.

26         Section 2.  This act shall take effect July 1, 2000.

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






    Florida House of Representatives - 2000                HB 1185

    154-276-00






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  2                          HOUSE SUMMARY

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      Provides an additional charge of $50 with respect to a
  4    petition of dissolution of marriage which includes
      custody of a minor child or children. Provides that the
  5    charge shall be used to purchase an insurance policy to
      provide child support payments when the payor's
  6    employment has been involuntarily terminated. See bill
      for details.
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