House Bill 4025

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







    Florida House of Representatives - 2000                HB 4025

        By the Committee on Rules & Calendar and Representative
    Byrd





  1                      A bill to be entitled

  2         An act relating to the Florida Statutes;

  3         repealing various statutory provisions that

  4         have become obsolete, have had their effect,

  5         have served their purpose, or have been

  6         impliedly repealed or superseded; amending s.

  7         39.001, F.S.; deleting a provision requiring

  8         development by a specified date of a state plan

  9         for the prevention of abuse, abandonment, and

10         neglect of children; amending s. 39.0015, F.S.;

11         deleting intent with respect to the Child Abuse

12         Prevention Training Act of 1985; amending s.

13         390.01115, F.S.; revising a cross reference, to

14         conform; repealing s. 39.3065(2) and (4), F.S.,

15         relating to implementation of the transfer of

16         child protective investigative services to the

17         sheriffs of Pasco, Manatee, and Pinellas

18         Counties and to the duty of the sheriff of

19         Broward County to perform the same services in

20         fiscal year 1999-2000; repealing s. 39.817,

21         F.S., relating to a foster care privatization

22         demonstration pilot project; repealing s.

23         39.824(1), F.S., relating to adoption of rules

24         of juvenile procedure by the Supreme Court to

25         implement pt. X, ch. 39, F.S., relating to

26         guardians ad litem and guardian advocates;

27         repealing s. 61.001, F.S., relating to the

28         purpose of ch. 61, F.S., relating to

29         dissolution of marriage, support, and custody;

30         repealing s. 61.043(2), F.S., relating to

31         informational questionnaires required upon

                                  1

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1         filing for dissolution of marriage; repealing

  2         s. 61.181(11) and (12), F.S., relating to an

  3         audit of the central child support enforcement

  4         depositories and an evaluation of the Dade

  5         County and Manatee County Child Support

  6         Enforcement demonstration projects; repealing

  7         s. 61.1812(2)(b) and (3), F.S., relating to

  8         obsolete funding provisions of the Child

  9         Support Incentive Trust Fund; repealing s.

10         61.182, F.S., relating to the Child Support

11         Depository Trust Fund; amending s. 61.1826,

12         F.S.; deleting findings with respect to

13         procurement of services for the State

14         Disbursement Unit and the non-Title IV-D

15         component of the State Case Registry; repealing

16         s. 63.022, F.S., relating to intent with

17         respect to the Florida Adoption Act; amending

18         ss. 402.165 and 402.166, F.S.; removing cross

19         references, to conform; repealing s. 63.043,

20         F.S., relating to a prohibition on mandatory

21         screening or testing for sickle-cell trait;

22         repealing s. 409.152(1), F.S., relating to

23         intent with respect to family preservation;

24         repealing s. 409.2551, F.S., relating to intent

25         with respect to child support; amending ss.

26         61.13015, 61.14, 231.097, 328.42, 409.2598,

27         455.203, 455.521, and 559.79, F.S., relating to

28         suspension or denial of various licenses,

29         registrations, and certificates for delinquent

30         child support obligations; removing purpose

31         statements incorporating such intent, to

                                  2

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1         conform; amending ss. 39.01, 409.2554, 984.03,

  2         and 985.03, F.S.; revising cross references, to

  3         conform; repealing s. 409.25575(1), F.S.,

  4         relating to intent with respect to

  5         privatization of child support enforcement

  6         services; repealing s. 409.2559, F.S., relating

  7         to the requirement to establish and operate a

  8         state disbursement unit by a specified date;

  9         repealing ch. 708, F.S., relating to married

10         women's property; repealing ss. 741.03055 and

11         741.03056, F.S., relating to review of

12         premarital preparation courses, creation of

13         pilot programs, development and use of an

14         informational questionnaire, and creation of a

15         curriculum; repealing s. 741.2902, F.S.,

16         relating to intent with respect to the

17         judiciary's role in domestic violence cases;

18         repealing s. 741.32(1), F.S., relating to

19         intent with respect to certification of

20         batterers' intervention programs; repealing s.

21         741.401, F.S., relating to intent with respect

22         to the domestic violence address

23         confidentiality program; amending ss. 741.402

24         and 741.405, F.S.; revising cross references,

25         to conform; repealing s. 751.01, F.S., relating

26         to intent with respect to temporary custody of

27         minor children by extended families; amending

28         ss. 49.011, 751.011, and 751.04, F.S.; revising

29         cross references, to conform; repealing s.

30         753.004, F.S., relating to supervised

31

                                  3

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1         visitation projects; providing an effective

  2         date.

  3

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

  5

  6         Section 1.  Subsection (7) and paragraph (b) of

  7  subsection (8) of section 39.001, Florida Statutes, are

  8  amended to read:

  9         39.001  Purposes and intent; personnel standards and

10  screening.--

11         (7)  PLAN FOR COMPREHENSIVE APPROACH.--

12         (a)  The department shall develop a state plan for the

13  prevention of abuse, abandonment, and neglect of children and

14  shall submit the plan to the Speaker of the House of

15  Representatives, the President of the Senate, and the Governor

16  no later than January 1, 1983. The Department of Education and

17  the Division of Children's Medical Services of the Department

18  of Health shall participate and fully cooperate in the

19  development of the state plan at both the state and local

20  levels. Furthermore, appropriate local agencies and

21  organizations shall be provided an opportunity to participate

22  in the development of the state plan at the local level.

23  Appropriate local groups and organizations shall include, but

24  not be limited to, community mental health centers; guardian

25  ad litem programs for children under the circuit court; the

26  school boards of the local school districts; the district

27  human rights advocacy committees; private or public

28  organizations or programs with recognized expertise in working

29  with children who are sexually abused, physically abused,

30  emotionally abused, abandoned, or neglected and with expertise

31  in working with the families of such children; private or

                                  4

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1  public programs or organizations with expertise in maternal

  2  and infant health care; multidisciplinary child protection

  3  teams; child day care centers; law enforcement agencies, and

  4  the circuit courts, when guardian ad litem programs are not

  5  available in the local area.  The state plan to be provided to

  6  the Legislature and the Governor shall include, as a minimum,

  7  the information required of the various groups in paragraph

  8  (b).

  9         (b)  The development of the comprehensive state plan

10  shall be accomplished in the following manner:

11         (a)1.  The department shall establish an interprogram

12  task force comprised of the Assistant Secretary for Children

13  and Family Services, or a designee, a representative from the

14  Children and Families Program Office, a representative from

15  the Alcohol, Drug Abuse, and Mental Health Program Office, a

16  representative from the Developmental Services Program Office,

17  a representative from the Office of Standards and Evaluation,

18  and a representative from the Division of Children's Medical

19  Services of the Department of Health.  Representatives of the

20  Department of Law Enforcement and of the Department of

21  Education shall serve as ex officio members of the

22  interprogram task force. The interprogram task force shall be

23  responsible for:

24         1.a.  Developing a plan of action for better

25  coordination and integration of the goals, activities, and

26  funding pertaining to the prevention of child abuse,

27  abandonment, and neglect conducted by the department in order

28  to maximize staff and resources at the state level.  The plan

29  of action shall be included in the state plan.

30         2.b.  Providing a basic format to be utilized by the

31  districts in the preparation of local plans of action in order

                                  5

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1  to provide for uniformity in the district plans and to provide

  2  for greater ease in compiling information for the state plan.

  3         3.c.  Providing the districts with technical assistance

  4  in the development of local plans of action, if requested.

  5         4.d.  Examining the local plans to determine if all the

  6  requirements of the local plans have been met and, if they

  7  have not, informing the districts of the deficiencies and

  8  requesting the additional information needed.

  9         5.e.  Preparing the state plan for submission to the

10  Legislature and the Governor.  Such preparation shall include

11  the collapsing of information obtained from the local plans,

12  the cooperative plans with the Department of Education, and

13  the plan of action for coordination and integration of

14  departmental activities into one comprehensive plan.  The

15  comprehensive plan shall include a section reflecting general

16  conditions and needs, an analysis of variations based on

17  population or geographic areas, identified problems, and

18  recommendations for change.  In essence, the plan shall

19  provide an analysis and summary of each element of the local

20  plans to provide a statewide perspective.  The plan shall also

21  include each separate local plan of action.

22         6.f.  Working with the specified state agency in

23  fulfilling the requirements of paragraphs (b), (c), (d), and

24  (e) subparagraphs 2., 3., 4., and 5.

25         (b)2.  The department, the Department of Education, and

26  the Department of Health shall work together in developing

27  ways to inform and instruct parents of school children and

28  appropriate district school personnel in all school districts

29  in the detection of child abuse, abandonment, and neglect and

30  in the proper action that should be taken in a suspected case

31  of child abuse, abandonment, or neglect, and in caring for a

                                  6

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1  child's needs after a report is made. The plan for

  2  accomplishing this end shall be included in the state plan.

  3         (c)3.  The department, the Department of Law

  4  Enforcement, and the Department of Health shall work together

  5  in developing ways to inform and instruct appropriate local

  6  law enforcement personnel in the detection of child abuse,

  7  abandonment, and neglect and in the proper action that should

  8  be taken in a suspected case of child abuse, abandonment, or

  9  neglect.

10         (d)4.  Within existing appropriations, the department

11  shall work with other appropriate public and private agencies

12  to emphasize efforts to educate the general public about the

13  problem of and ways to detect child abuse, abandonment, and

14  neglect and in the proper action that should be taken in a

15  suspected case of child abuse, abandonment, or neglect.  The

16  plan for accomplishing this end shall be included in the state

17  plan.

18         (e)5.  The department, the Department of Education, and

19  the Department of Health shall work together on the

20  enhancement or adaptation of curriculum materials to assist

21  instructional personnel in providing instruction through a

22  multidisciplinary approach on the identification,

23  intervention, and prevention of child abuse, abandonment, and

24  neglect.  The curriculum materials shall be geared toward a

25  sequential program of instruction at the four progressional

26  levels, K-3, 4-6, 7-9, and 10-12. Strategies for encouraging

27  all school districts to utilize the curriculum are to be

28  included in the comprehensive state plan for the prevention of

29  child abuse, abandonment, and neglect.

30         (f)6.  Each district of the department shall develop a

31  plan for its specific geographical area.  The plan developed

                                  7

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1  at the district level shall be submitted to the interprogram

  2  task force for utilization in preparing the state plan.  The

  3  district local plan of action shall be prepared with the

  4  involvement and assistance of the local agencies and

  5  organizations listed in paragraph (a), as well as

  6  representatives from those departmental district offices

  7  participating in the treatment and prevention of child abuse,

  8  abandonment, and neglect.  In order to accomplish this, the

  9  district administrator in each district shall establish a task

10  force on the prevention of child abuse, abandonment, and

11  neglect.  The district administrator shall appoint the members

12  of the task force in accordance with the membership

13  requirements of this section.  In addition, the district

14  administrator shall ensure that each subdistrict is

15  represented on the task force; and, if the district does not

16  have subdistricts, the district administrator shall ensure

17  that both urban and rural areas are represented on the task

18  force.  The task force shall develop a written statement

19  clearly identifying its operating procedures, purpose, overall

20  responsibilities, and method of meeting responsibilities.  The

21  district plan of action to be prepared by the task force shall

22  include, but shall not be limited to:

23         1.a.  Documentation of the magnitude of the problems of

24  child abuse, including sexual abuse, physical abuse, and

25  emotional abuse, and child abandonment and neglect in its

26  geographical area.

27         2.b.  A description of programs currently serving

28  abused, abandoned, and neglected children and their families

29  and a description of programs for the prevention of child

30  abuse, abandonment, and neglect, including information on the

31

                                  8

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1  impact, cost-effectiveness, and sources of funding of such

  2  programs.

  3         3.c.  A continuum of programs and services necessary

  4  for a comprehensive approach to the prevention of all types of

  5  child abuse, abandonment, and neglect as well as a brief

  6  description of such programs and services.

  7         4.d.  A description, documentation, and priority

  8  ranking of local needs related to child abuse, abandonment,

  9  and neglect prevention based upon the continuum of programs

10  and services.

11         5.e.  A plan for steps to be taken in meeting

12  identified needs, including the coordination and integration

13  of services to avoid unnecessary duplication and cost, and for

14  alternative funding strategies for meeting needs through the

15  reallocation of existing resources, utilization of volunteers,

16  contracting with local universities for services, and local

17  government or private agency funding.

18         6.f.  A description of barriers to the accomplishment

19  of a comprehensive approach to the prevention of child abuse,

20  abandonment, and neglect.

21         7.g.  Recommendations for changes that can be

22  accomplished only at the state program level or by legislative

23  action.

24         (8)  FUNDING AND SUBSEQUENT PLANS.--

25         (b)  The department at the state and district levels

26  and the other agencies listed in paragraph (7)(a) shall

27  readdress the plan and make necessary revisions every 5 years,

28  at a minimum. Such revisions shall be submitted to the Speaker

29  of the House of Representatives and the President of the

30  Senate no later than June 30 of each year divisible by 5.  An

31  annual progress report shall be submitted to update the plan

                                  9

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1  in the years between the 5-year intervals.  In order to avoid

  2  duplication of effort, these required plans may be made a part

  3  of or merged with other plans required by either the state or

  4  Federal Government, so long as the portions of the other state

  5  or Federal Government plan that constitute the state plan for

  6  the prevention of child abuse, abandonment, and neglect are

  7  clearly identified as such and are provided to the Speaker of

  8  the House of Representatives and the President of the Senate

  9  as required above.

10         Section 2.  Section 39.0015, Florida Statutes, is

11  amended to read:

12         39.0015  Child abuse prevention training in the

13  district school system.--

14         (1)  SHORT TITLE.--This section may be cited as the

15  "Child Abuse Prevention Training Act of 1985."

16         (2)  LEGISLATIVE INTENT.--It is the intent of the

17  Legislature that primary prevention training for all children

18  in kindergarten through grade 12 be encouraged in the district

19  school system through the training of school teachers,

20  guidance counselors, parents, and children.

21         (2)(3)  DEFINITIONS.--As used in this section:

22         (a)  "Department" means the Department of Education.

23         (b)  "Child abuse" means those acts as defined in ss.

24  39.01(1), (2), (30), (44), (46), (53), and (64), 827.04, and

25  984.03(1), (2), and (39).

26         (c)  "Primary prevention and training program" means a

27  training and educational program for children, parents, and

28  teachers which is directed toward preventing the occurrence of

29  child abuse, including sexual abuse, physical abuse, child

30  abandonment, child neglect, and drug and alcohol abuse, and

31  toward reducing the vulnerability of children through training

                                  10

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1  of children and through including coordination with, and

  2  training for, parents and school personnel.

  3         (d)  "Prevention training center" means a center as

  4  described in subsection (4) (5).

  5         (3)(4)  PRIMARY PREVENTION AND TRAINING PROGRAM.--A

  6  primary prevention and training program shall include all of

  7  the following, as appropriate for the persons being trained:

  8         (a)  Information provided in a clear and nonthreatening

  9  manner, describing the problem of child abuse, sexual abuse,

10  physical abuse, abandonment, neglect, and alcohol and drug

11  abuse, and the possible solutions.

12         (b)  Information and training designed to counteract

13  common stereotypes about victims and offenders.

14         (c)  Crisis counseling techniques.

15         (d)  Available community resources and ways to access

16  those resources.

17         (e)  Physical and behavioral indicators of abuse.

18         (f)  Rights and responsibilities regarding reporting.

19         (g)  School district procedures to facilitate

20  reporting.

21         (h)  Caring for a child's needs after a report is made.

22         (i)  How to disclose incidents of abuse.

23         (j)  Child safety training and age-appropriate

24  self-defense techniques.

25         (k)  The right of every child to live free of abuse.

26         (l)  The relationship of child abuse to handicaps in

27  young children.

28         (m)  Parenting, including communication skills.

29         (n)  Normal and abnormal child development.

30

31

                                  11

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1         (o)  Information on recognizing and alleviating family

  2  stress caused by the demands required in caring for a

  3  high-risk or handicapped child.

  4         (p)  Supports needed by school-age parents in caring

  5  for a young child.

  6         (4)(5)  PREVENTION TRAINING CENTERS; FUNCTIONS;

  7  SELECTION PROCESS; MONITORING AND EVALUATION.--

  8         (a)  Each training center shall perform the following

  9  functions:

10         1.  Act as a clearinghouse to provide information on

11  prevention curricula which meet the requirements of this

12  section and the requirements of ss. 39.001, 231.17, and

13  236.0811.

14         2.  Assist the local school district in selecting a

15  prevention program model which meets the needs of the local

16  community.

17         3.  At the request of the local school district, design

18  and administer training sessions to develop or expand local

19  primary prevention and training programs.

20         4.  Provide assistance to local school districts,

21  including, but not limited to, all of the following:

22  administration, management, program development, multicultural

23  staffing, and community education, in order to better meet the

24  requirements of this section and of ss. 39.001, 231.17, and

25  236.0811.

26         5.  At the request of the department or the local

27  school district, provide ongoing program development and

28  training to achieve all of the following:

29         a.  Meet the special needs of children, including, but

30  not limited to, the needs of disabled and high-risk children.

31

                                  12

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1         b.  Conduct an outreach program to inform the

  2  surrounding communities of the existence of primary prevention

  3  and training programs and of funds to conduct such programs.

  4         6.  Serve as a resource to the Department of Children

  5  and Family Services and its districts.

  6         (b)  The department, in consultation with the

  7  Department of Children and Family Services, shall select and

  8  award grants by January 1, 1986, for the establishment of

  9  three private, nonprofit prevention training centers:  one

10  located in and serving South Florida, one located in and

11  serving Central Florida, and one located in and serving North

12  Florida. The department, in consultation with the Department

13  of Children and Family Services, shall select an agency or

14  agencies to establish three training centers which can fulfill

15  the requirements of this section and meet the following

16  requirements:

17         1.  Have demonstrated experience in child abuse

18  prevention training.

19         2.  Have shown capacity for training primary prevention

20  and training programs as provided for in subsections (3) and

21  (4).

22         3.  Have provided training and organizing technical

23  assistance to the greatest number of private prevention and

24  training programs.

25         4.  Have employed the greatest number of trainers with

26  experience in private child abuse prevention and training

27  programs.

28         5.  Have employed trainers which represent the cultural

29  diversity of the area.

30         6.  Have established broad community support.

31

                                  13

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1         (b)(c)  The department shall monitor and evaluate

  2  primary prevention and training programs utilized in the local

  3  school districts and shall monitor and evaluate the impact of

  4  the prevention training centers on the implementation of

  5  primary prevention programs and their ability to meet the

  6  required responsibilities of a center as described in this

  7  section.

  8         (5)(6)  The department shall administer this section

  9  and in so doing is authorized to adopt rules and standards

10  necessary to implement the specific provisions of this

11  section.

12         Section 3.  Paragraph (b) of subsection (2) of section

13  390.01115, Florida Statutes, is amended to read:

14         390.01115  Parental Notice of Abortion Act.--

15         (2)  DEFINITIONS.--As used in this section, the term:

16         (b)  "Child abuse" has the meaning ascribed in s.

17  39.0015(2)(3) and refers to the acts of child abuse against a

18  minor by a family member as defined in s. 741.28(2).

19         Section 4.  Subsections (2) and (4) of section 39.3065,

20  Florida Statutes, are repealed.

21         Section 5.  Section 39.817, Florida Statutes, is

22  repealed.

23         Section 6.  Subsection (1) of section 39.824, Florida

24  Statutes, is repealed.

25         Section 7.  Section 61.001, Florida Statutes, is

26  repealed.

27         Section 8.  Subsection (2) of section 61.043, Florida

28  Statutes, is repealed.

29         Section 9.  Subsections (11) and (12) of section

30  61.181, Florida Statutes, are repealed.

31

                                  14

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1         Section 10.  Paragraph (b) of subsection (2) and

  2  subsection (3) of section 61.1812, Florida Statutes, are

  3  repealed.

  4         Section 11.  Section 61.182, Florida Statutes, is

  5  repealed.

  6         Section 12.  Section 61.1826, Florida Statutes, is

  7  amended to read:

  8         61.1826  Procurement of services for State Disbursement

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

10  Registry; contracts and cooperative agreements; penalties;

11  withholding payment.--

12         (1)  LEGISLATIVE FINDINGS.--The Legislature finds that

13  the clerks of court play a vital role, as essential

14  participants in the establishment, modification, collection,

15  and enforcement of child support, in securing the health,

16  safety, and welfare of the children of this state. The

17  Legislature further finds and declares that:

18         (a)  It is in the state's best interest to preserve the

19  essential role of the clerks of court in disbursing child

20  support payments and maintaining official records of child

21  support orders entered by the courts of this state.

22         (b)  As official recordkeeper for matters relating to

23  court-ordered child support, the clerks of court are necessary

24  parties to obtaining, safeguarding, and providing child

25  support payment and support order information.

26         (c)  As provided by the federal Personal Responsibility

27  and Work Opportunity Reconciliation Act of 1996, the state

28  must establish and operate a State Case Registry in full

29  compliance with federal law by October 1, 1998, and a State

30  Disbursement Unit by October 1, 1999.

31

                                  15

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1         (d)  Noncompliance with federal law could result in a

  2  substantial loss of federal funds for the state's child

  3  support enforcement program and the temporary assistance for

  4  needy families welfare block grant.

  5         (e)  The potential loss of substantial federal funds

  6  poses a direct and immediate threat to the health, safety, and

  7  welfare of the children and citizens of the state and

  8  constitutes an emergency for purposes of s. 287.057(3)(a).

  9         (f)  The clerks of court maintain the official payment

10  record of the court for amounts received, payments credited,

11  arrearages owed, liens attached, and current mailing addresses

12  of all parties, payor, obligor, and payee.

13         (g)  The clerks of court have established a statewide

14  Clerk of Court Child Support Enforcement Collection System for

15  the automation of all payment processing using state and local

16  government funds as provided under s. 61.181(2)(b)1.

17         (h)  The Legislature acknowledges the improvements made

18  by and the crucial role of the Clerk of the Court Child

19  Support Enforcement Collection System in speeding payments to

20  the children of Florida.

21         (i)  There is no viable alternative to continuing the

22  role of the clerks of court in collecting, safeguarding, and

23  providing essential child support payment information.

24

25  For these reasons, the Legislature hereby directs the

26  Department of Revenue, subject to the provisions of subsection

27  (6), to contract with the Florida Association of Court Clerks

28  and each depository to perform duties with respect to the

29  operation and maintenance of a State Disbursement Unit and the

30  non-Title IV-D component of the State Case Registry as further

31  provided by this section.

                                  16

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1         (1)(2)  COOPERATIVE AGREEMENTS.--Each depository shall

  2  enter into a standard cooperative agreement with the

  3  department for participation in the State Disbursement Unit

  4  and the non-Title IV-D component of the State Case Registry

  5  through the Clerk of Court Child Support Enforcement

  6  Collection System within 60 days after the effective date of

  7  this section. The cooperative agreement shall be a uniform

  8  document, mutually developed by the department and the Florida

  9  Association of Court Clerks, that applies to all depositories

10  and complies with all state and federal requirements. Each

11  depository shall also enter into a written agreement with the

12  Florida Association of Court Clerks and the department within

13  60 days after the effective date of this section that requires

14  each depository to participate fully in the State Disbursement

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

16  Registry.

17         (2)(3)  CONTRACT.--The Florida Association of Court

18  Clerks shall enter into a written contract with the department

19  that fully complies with all federal and state laws within 60

20  days after the effective date of this section. The contract

21  shall be mutually developed by the department and the Florida

22  Association of Court Clerks. As required by s. 287.057 and 45

23  C.F.R. s. 74.43, any subcontracts entered into by the Florida

24  Association of Court Clerks, except for a contract between the

25  Florida Association of Court Clerks and its totally owned

26  subsidiary corporation, must be procured through competitive

27  bidding.

28         (3)(4)  COOPERATIVE AGREEMENT AND CONTRACT TERMS.--The

29  contract between the Florida Association of Court Clerks and

30  the department, and cooperative agreements entered into by the

31

                                  17

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1  depositories and the department, must contain, but are not

  2  limited to, the following terms:

  3         (a)  The initial term of the contract and cooperative

  4  agreements is for 5 years. The subsequent term of the contract

  5  and cooperative agreements is for 3 years, with the option of

  6  two 1-year renewal periods, at the sole discretion of the

  7  department.

  8         (b)  The duties and responsibilities of the Florida

  9  Association of Court Clerks, the depositories, and the

10  department.

11         (c)  Under s. 287.058(1)(a), all providers and

12  subcontractors shall submit to the department directly, or

13  through the Florida Association of Court Clerks, a report of

14  monthly expenditures in a format prescribed by the department

15  and in sufficient detail for a proper preaudit and postaudit

16  thereof.

17         (d)  All providers and subcontractors shall submit to

18  the department directly, or through the Florida Association of

19  Court Clerks, management reports in a format prescribed by the

20  department.

21         (e)  All subcontractors shall comply with chapter 280,

22  as may be required.

23         (f)  Federal financial participation for eligible Title

24  IV-D expenditures incurred by the Florida Association of Court

25  Clerks and the depositories shall be at the maximum level

26  permitted by federal law for expenditures incurred for the

27  provision of services in support of child support enforcement

28  in accordance with 45 C.F.R. part 74 and Federal Office of

29  Management and Budget Circulars A-87 and A-122 and based on an

30  annual cost allocation study of each depository. The

31  depositories shall submit directly, or through the Florida

                                  18

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1  Association of Court Clerks, claims for Title IV-D

  2  expenditures monthly to the department in a standardized

  3  format as prescribed by the department. The Florida

  4  Association of Court Clerks shall contract with a certified

  5  public accounting firm, selected by the Florida Association of

  6  Court Clerks and the department, to audit and certify

  7  quarterly to the department all claims for expenditures

  8  submitted by the depositories for Title IV-D reimbursement.

  9         (g)  Upon termination of the contracts between the

10  department and the Florida Association of Court Clerks or the

11  depositories, the Florida Association of Court Clerks, its

12  agents, and the depositories shall assist the department in

13  making an orderly transition to a private vendor.

14         (h)  Interest on late payment by the department shall

15  be in accordance with s. 215.422.

16

17  If either the department or the Florida Association of Court

18  Clerks objects to a term of the standard cooperative agreement

19  or contract specified in subsections (1) (2) and (2) (3), the

20  disputed term or terms shall be presented jointly by the

21  parties to the Attorney General or the Attorney General's

22  designee, who shall act as special master. The special master

23  shall resolve the dispute in writing within 10 days. The

24  resolution of a dispute by the special master is binding on

25  the department and the Florida Association of Court Clerks.

26         (4)(5)  PERFORMANCE REVIEWS.--As provided by this

27  subsection, the Office of Program Policy Analysis and

28  Government Accountability shall conduct comprehensive

29  performance reviews of the State Disbursement Unit and State

30  Case Registry. In addition to the requirements of chapter 11,

31  the review must include, but not be limited to, an analysis of

                                  19

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1  state and federal requirements, the effectiveness of the

  2  current system in meeting those requirements; a cost analysis

  3  of the State Disbursement Unit and the non-Title IV-D

  4  component of the State Case Registry; a review and comparison

  5  of available alternative methodologies as utilized by other

  6  states; and a review of all strategies, including

  7  privatization, to increase the efficiency and

  8  cost-effectiveness of the State Disbursement Unit and the

  9  non-Title IV-D component of the State Case Registry. A review

10  must be completed and a written report submitted to the

11  Governor, President of the Senate, and the Speaker of the

12  House of Representatives by October 1, 1999, pertaining to the

13  State Case Registry and October 1, 2000, pertaining to the

14  State Disbursement Unit, and every 2 years thereafter

15  beginning October 1, 2002, pertaining to both the State Case

16  Registry and the State Disbursement Unit.

17         (5)(6)  CONTRACT TERMINATION.--If any of the following

18  events occur, the department may discontinue its plans to

19  contract, or terminate its contract, with the Florida

20  Association of Court Clerks and the depositories upon 30 days'

21  written notice by the department and may, through competitive

22  bidding, procure services from a private vendor to perform

23  functions necessary for the department to operate the State

24  Disbursement Unit and the non-Title IV-D component of the

25  State Case Registry with a minimum amount of disruption in

26  service to the children and citizens of the state:

27         (a)  Receipt by the department of final notice by the

28  United States Secretary of Health and Human Services or the

29  secretary's designee that the contractual arrangement between

30  the department, the Florida Association of Court Clerks, and

31  the depositories does not satisfy federal requirements for a

                                  20

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1  State Disbursement Unit or a State Case Registry and that the

  2  state's Title IV-D State Plan will not be approved, or that

  3  federal Title IV-D funding is not made available to fund the

  4  non-Title IV-D component of the State Case Registry or the

  5  State Disbursement Unit;

  6         (b)  The Florida Association of Court Clerks, a

  7  depository, or any subcontractor fails to comply with any

  8  material contractual term or state or federal requirement;

  9         (c)  The non-Title IV-D component of the State Case

10  Registry is not established and operational, consistent with

11  the terms of the contract, by October 1, 1998; or

12         (d)  The State Disbursement Unit is not established and

13  operational, consistent with the terms of the contract, by

14  October 1, 1999.

15

16  If either event specified in paragraph (a) occurs, the

17  depositories are relieved of all responsibilities and duties

18  under this chapter relating to Title IV-D payment processing

19  and data transmission to the department.

20         (6)(7)  PARTICIPATION BY DEPOSITORIES.--

21         (a)  Each depository shall participate in the non-Title

22  IV-D component of the State Case Registry by using an

23  automated system compatible with the department's automated

24  child support enforcement system.

25         (b)  For participation in the State Disbursement Unit,

26  each depository shall:

27         1.  Use the CLERC System;

28         2.  Receive electronically and record payment

29  information from the State Disbursement Unit for each support

30  order entered by the court.

31

                                  21

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1         (7)(8)  TITLE IV-D PROGRAM INCOME.--Pursuant to 45

  2  C.F.R. s. 304.50, all transaction fees and interest income

  3  realized by the State Disbursement Unit constitute and must be

  4  reported as program income under federal law and must be

  5  transmitted to the Title IV-D agency for deposit in the Child

  6  Support Enforcement Application and Program Revenue Trust

  7  Fund.

  8         (8)(9)  PENALTIES.--All depositories must participate

  9  in the State Disbursement Unit and the non-Title IV-D

10  component of the State Case Registry as provided in this

11  chapter. If, after notice and an opportunity to cure an

12  otherwise curable default, a depository fails to comply with

13  the material terms of the cooperative agreement, the failure

14  to comply subjects the county officer or officers responsible

15  for the depository to the sanctions provided in Art. IV of the

16  State Constitution. However, no county officer or officers

17  shall be subject to sanctions under Art. IV of the State

18  Constitution for any noncurable default resulting from

19  circumstances or conditions outside the control of the

20  depository.

21         (9)(10)  WITHHOLDING PAYMENT UNDER CONTRACTS.--If the

22  Florida Association of Court Clerks, its agent, a

23  subcontractor, or a depository does not comply with any

24  material contractual term or state or federal requirement, the

25  department may withhold funds otherwise due under the

26  individual contract with the Florida Association of Court

27  Clerks or the individual cooperative agreement with the

28  depository, or both, at the department's election, to enforce

29  compliance. The department shall provide written notice of

30  noncompliance before withholding funds. Within 10 business

31  days after receipt of written notification of noncompliance,

                                  22

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1  the department must be provided with a written proposed

  2  corrective action plan. Within 10 business days after receipt

  3  of a corrective action plan, the department shall accept the

  4  plan or allow 5 business days within which a revised plan may

  5  be submitted. Upon the department's acceptance of a corrective

  6  action plan, the agreed-upon plan must be fully completed

  7  within 30 business days unless a longer period is permitted by

  8  the department. If a proposed corrective action plan is not

  9  submitted, is not accepted, or is not fully completed, any

10  funds withheld by the department for noncompliance are

11  forfeited to the department. Withholding or forfeiture of

12  funds may be contested by filing a petition or request for a

13  hearing under the applicable provisions of chapter 120. For

14  the purposes of this section, no party to a dispute involving

15  less than $5,000 in withheld or forfeited funds is deemed to

16  be substantially affected by the dispute or to have a

17  substantial interest in the decision resolving the dispute.

18         Section 13.  Section 63.022, Florida Statutes, is

19  repealed.

20         Section 14.  Paragraph (a) of subsection (8) of section

21  402.165, Florida Statutes, is amended to read:

22         402.165  Statewide Human Rights Advocacy Committee;

23  confidential records and meetings.--

24         (8)(a)  In the performance of its duties, the Statewide

25  Human Rights Advocacy Committee shall have:

26         1.  Authority to receive, investigate, seek to

27  conciliate, hold hearings on, and act on complaints which

28  allege any abuse or deprivation of constitutional or human

29  rights of clients.

30         2.  Access to all client records, files, and reports

31  from any program, service, or facility that is operated,

                                  23

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1  funded, licensed, or regulated by the Department of Children

  2  and Family Services and any records which are material to its

  3  investigation and which are in the custody of any other agency

  4  or department of government.  The committee's investigation or

  5  monitoring shall not impede or obstruct matters under

  6  investigation by law enforcement or judicial authorities.

  7  Access shall not be granted if a specific procedure or

  8  prohibition for reviewing records is required by federal law

  9  and regulation which supersedes state law. Access shall not be

10  granted to the records of a private licensed practitioner who

11  is providing services outside agencies and facilities and

12  whose client is competent and refuses disclosure.

13         3.  Standing to petition the circuit court for access

14  to client records which are confidential as specified by law.

15  The petition shall state the specific reasons for which the

16  committee is seeking access and the intended use of such

17  information.  The court may authorize committee access to such

18  records upon a finding that such access is directly related to

19  an investigation regarding the possible deprivation of

20  constitutional or human rights or the abuse of a client.

21  Original client files, records, and reports shall not be

22  removed from the Department of Children and Family Services or

23  agency facilities.  Under no circumstance shall the committee

24  have access to confidential adoption records in accordance

25  with the provisions of ss. 39.0132, 63.022, and 63.162.  Upon

26  completion of a general investigation of practices and

27  procedures of the Department of Children and Family Services,

28  the committee shall report its findings to that department.

29         Section 15.  Paragraph (a) of subsection (8) of section

30  402.166, Florida Statutes, is amended to read:

31

                                  24

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1         402.166  District human rights advocacy committees;

  2  confidential records and meetings.--

  3         (8)(a)  In the performance of its duties, a district

  4  human rights advocacy committee shall have:

  5         1.  Access to all client records, files, and reports

  6  from any program, service, or facility that is operated,

  7  funded, licensed, or regulated by the Department of Children

  8  and Family Services and any records which are material to its

  9  investigation and which are in the custody of any other agency

10  or department of government.  The committee's investigation or

11  monitoring shall not impede or obstruct matters under

12  investigation by law enforcement or judicial authorities.

13  Access shall not be granted if a specific procedure or

14  prohibition for reviewing records is required by federal law

15  and regulation which supersedes state law.  Access shall not

16  be granted to the records of a private licensed practitioner

17  who is providing services outside agencies and facilities and

18  whose client is competent and refuses disclosure.

19         2.  Standing to petition the circuit court for access

20  to client records which are confidential as specified by law.

21  The petition shall state the specific reasons for which the

22  committee is seeking access and the intended use of such

23  information.  The court may authorize committee access to such

24  records upon a finding that such access is directly related to

25  an investigation regarding the possible deprivation of

26  constitutional or human rights or the abuse of a client.

27  Original client files, records, and reports shall not be

28  removed from Department of Children and Family Services or

29  agency facilities.  Upon no circumstances shall the committee

30  have access to confidential adoption records in accordance

31  with the provisions of ss. 39.0132, 63.022, and 63.162. Upon

                                  25

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1  completion of a general investigation of practices and

  2  procedures of the Department of Children and Family Services,

  3  the committee shall report its findings to that department.

  4         Section 16.  Section 63.043, Florida Statutes, is

  5  repealed.

  6         Section 17.  Subsection (1) of section 409.152, Florida

  7  Statutes, is repealed.

  8         Section 18.  Section 409.2551, Florida Statutes, is

  9  repealed.

10         Section 19.  Subsection (1) of section 61.13015,

11  Florida Statutes, is amended to read:

12         61.13015  Petition for suspension or denial of

13  professional licenses and certificates.--

14         (1)  An obligee may petition the court which entered

15  the support order or the court which is enforcing the support

16  order for an order to suspend or deny the license or

17  certificate issued pursuant to chapters 231, 409, 455, and 559

18  of any obligor with a delinquent child support obligation.

19  However, no petition may be filed until the obligee has

20  exhausted all other available remedies. The purpose of this

21  section is to promote the public policy of s. 409.2551.

22         Section 20.  Paragraph (a) of subsection (5) of section

23  61.14, Florida Statutes, is amended to read:

24         61.14  Enforcement and modification of support,

25  maintenance, or alimony agreements or orders.--

26         (5)(a)  When a court of competent jurisdiction enters

27  an order for the payment of alimony or child support or both,

28  the court shall make a finding of the obligor's imputed or

29  actual present ability to comply with the order.  If the

30  obligor subsequently fails to pay alimony or support and a

31  contempt hearing is held, the original order of the court

                                  26

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1  creates a presumption that the obligor has the present ability

  2  to pay the alimony or support and to purge himself or herself

  3  from the contempt.  At the contempt hearing, the obligor shall

  4  have the burden of proof to show that he or she lacks the

  5  ability to purge himself or herself from the contempt. This

  6  presumption is adopted as a presumption under s. 90.302(2) to

  7  implement the public policy of this state that children shall

  8  be maintained from the resources of their parents and as

  9  provided for in s. 409.2551, and that spouses be maintained as

10  provided for in s. 61.08.  The court shall state in its order

11  the reasons for granting or denying the contempt.

12         Section 21.  Section 231.097, Florida Statutes, is

13  amended to read:

14         231.097  Suspension or denial of teaching certificate

15  due to child support delinquency.--The department shall allow

16  applicants for new or renewal certificates and renewal

17  certificateholders to be screened by the Title IV-D child

18  support agency pursuant to s. 409.2598 to assure compliance

19  with a support obligation.  The purpose of this section is to

20  promote the public policy of this state as established in s.

21  409.2551.  The department shall, when directed by the court,

22  deny the application of any applicant found to have a

23  delinquent support obligation. The department shall issue or

24  reinstate the certificate without additional charge to the

25  certificateholder when notified by the court that the

26  certificateholder has complied with the terms of the court

27  order.  The department shall not be held liable for any

28  certificate denial or suspension resulting from the discharge

29  of its duties under this section.

30         Section 22.  Subsection (1) of section 328.42, Florida

31  Statutes, is amended to read:

                                  27

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1         328.42  Suspension or denial of a vessel registration

  2  due to child support delinquency; dishonored checks.--

  3         (1)  The department must allow applicants for new or

  4  renewal registrations to be screened by the Department of

  5  Revenue, as the Title IV-D child support agency under s.

  6  409.2598, or by a non-IV-D obligee to assure compliance with a

  7  support obligation. The purpose of this section is to promote

  8  the public policy of this state as established in s. 409.2551.

  9  The department must, when directed by the court, deny or

10  suspend the vessel registration of any applicant found to have

11  a delinquent child support obligation. The department must

12  issue or reinstate a registration when notified by the Title

13  IV-D agency or the court that the applicant has complied with

14  the terms of the court order. The department may not be held

15  liable for any registration denial or suspension resulting

16  from the discharge of its duties under this section.

17         Section 23.  Subsection (1) of section 409.2598,

18  Florida Statutes, is amended to read:

19         409.2598  Suspension or denial of new or renewal

20  licenses; registrations; certifications.--

21         (1)  The Title IV-D agency may petition the court that

22  entered the support order or the court that is enforcing the

23  support order to deny or suspend the license, registration, or

24  certificate issued under chapter 231, chapter 370, chapter

25  372, chapter 409, part II of chapter 455, or chapter 559 or s.

26  328.42 of any obligor with a delinquent child support

27  obligation or who fails, after receiving appropriate notice,

28  to comply with subpoenas, orders to appear, orders to show

29  cause, or similar orders relating to paternity or child

30  support proceedings. However, a petition may not be filed

31  until the Title IV-D agency has exhausted all other available

                                  28

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1  remedies. The purpose of this section is to promote the public

  2  policy of the state as established in s. 409.2551.

  3         Section 24.  Subsection (9) of section 455.203, Florida

  4  Statutes, is amended to read:

  5         455.203  Department; powers and duties.--The

  6  department, for the boards under its jurisdiction, shall:

  7         (9)  Allow applicants for new or renewal licenses and

  8  current licensees to be screened by the Title IV-D child

  9  support agency pursuant to s. 409.2598 to assure compliance

10  with a support obligation. The purpose of this subsection is

11  to promote the public policy of this state as established in

12  s. 409.2551. The department shall, when directed by the court,

13  suspend or deny the license of any licensee found to have a

14  delinquent support obligation. The department shall issue or

15  reinstate the license without additional charge to the

16  licensee when notified by the court that the licensee has

17  complied with the terms of the court order. The department

18  shall not be held liable for any license denial or suspension

19  resulting from the discharge of its duties under this

20  subsection.

21         Section 25.  Subsection (9) of section 455.521, Florida

22  Statutes, is amended to read:

23         455.521  Department; powers and duties.--The

24  department, for the professions under its jurisdiction, shall:

25         (9)  Allow applicants for new or renewal licenses and

26  current licensees to be screened by the Title IV-D child

27  support agency pursuant to s. 409.2598 to assure compliance

28  with a support obligation. The purpose of this subsection is

29  to promote the public policy of this state as established in

30  s. 409.2551. The department shall, when directed by the court,

31  suspend or deny the license of any licensee found to have a

                                  29

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1  delinquent support obligation. The department shall issue or

  2  reinstate the license without additional charge to the

  3  licensee when notified by the court that the licensee has

  4  complied with the terms of the court order. The department

  5  shall not be held liable for any license denial or suspension

  6  resulting from the discharge of its duties under this

  7  subsection.

  8         Section 26.  Subsection (3) of section 559.79, Florida

  9  Statutes, is amended to read:

10         559.79  Applications for license or renewal.--

11         (3)  The department shall allow the Title IV-D child

12  support agency to screen all applicants for new or renewal

13  licenses and current licensees pursuant to s. 409.2598 to

14  assure compliance with a support obligation.  The purpose of

15  this subsection is to promote the public policy of this state

16  as established in s. 409.2551. The department shall, when

17  directed by the court, suspend or deny the license of any

18  licensee found to have a delinquent support obligation.  The

19  department shall issue or reinstate the license without

20  additional charge to the licensee when notified by the court

21  that the licensee has complied with the terms of the court

22  order.  The department shall not be liable for any license

23  denial or suspension resulting from the discharge of its

24  duties under this subsection.

25         Section 27.  Subsection (15) of section 39.01, Florida

26  Statutes, is amended to read:

27         39.01  Definitions.--When used in this chapter, unless

28  the context otherwise requires:

29         (15)  "Child support" means a court-ordered obligation,

30  enforced under chapter 61 and ss. 409.2554-409.2597

31

                                  30

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1  409.2551-409.2597, for monetary support for the care,

  2  maintenance, training, and education of a child.

  3         Section 28.  Section 409.2554, Florida Statutes, is

  4  amended to read:

  5         409.2554  Definitions.--As used in ss.

  6  409.2554-409.2598 409.2551-409.2598, the term:

  7         (1)  "Department" means the Department of Revenue.

  8         (2)  "Dependent child" means any unemancipated person

  9  under the age of 18, any person under the age of 21 and still

10  in school, or any person who is mentally or physically

11  incapacitated when such incapacity began prior to such person

12  reaching the age of 18.  This definition shall not be

13  construed to impose an obligation for child support beyond the

14  child's attainment of majority except as imposed in s.

15  409.2561.

16         (3)  "Court" means the circuit court.

17         (4)  "Court order" means any judgment or order of any

18  court of appropriate jurisdiction of the state, or an order of

19  a court of competent jurisdiction of another state, ordering

20  payment of a set or determinable amount of support money.

21         (5)  "Obligee" means the person to whom support

22  payments are made pursuant to an alimony or child support

23  order.

24         (6)  "Obligor" means a person who is responsible for

25  making support payments pursuant to an alimony or child

26  support order.

27         (7)  "Public assistance" means food stamps, money

28  assistance paid on the basis of Title IV-E and Title XIX of

29  the Social Security Act, or temporary cash assistance paid

30  under the WAGES Program.

31

                                  31

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1         (8)  "Program attorney" means an attorney employed by

  2  the department, under contract with the department, or

  3  employed by a contractor of the department, to provide legal

  4  representation for the department in a proceeding related to

  5  the determination of paternity or the establishment,

  6  modification, or enforcement of support brought pursuant to

  7  law.

  8         (9)  "Prosecuting attorney" means any private attorney,

  9  county attorney, city attorney, state attorney, program

10  attorney, or an attorney employed by an entity of a local

11  political subdivision who engages in legal action related to

12  the determination of paternity or the establishment,

13  modification, or enforcement of support brought pursuant to

14  this act.

15         (10)  "Support" means:

16         (a)  Support for a child, or child and spouse, or

17  former spouse who is living with the child or children, but

18  only if a support obligation has been established for that

19  spouse and the child support obligation is being enforced

20  under Title IV-D of the Social Security Act; or

21         (b)  Support for a child who is placed under the

22  custody of someone other than the custodial parent pursuant to

23  s. 39.508.

24         (11)  "Administrative costs" means any costs, including

25  attorney's fees, clerk's filing fees, recording fees and other

26  expenses incurred by the clerk of the circuit court, service

27  of process fees, or mediation costs, incurred by the IV-D

28  agency in its effort to administer the IV-D program.  The

29  administrative costs which must be collected by the department

30  shall be assessed on a case-by-case basis based upon a method

31  for determining costs approved by the Federal Government.  The

                                  32

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1  administrative costs shall be assessed periodically by the

  2  department.  The methodology for determining administrative

  3  costs shall be made available to the judge or any party who

  4  requests it.  Only those amounts ordered independent of

  5  current support, arrears, or past public assistance obligation

  6  shall be considered and applied toward administrative costs.

  7         (12)  "Child support services" includes any civil,

  8  criminal, or administrative action taken by the Title IV-D

  9  program to determine paternity, establish, modify, enforce, or

10  collect support.

11         Section 29.  Subsection (10) of section 984.03, Florida

12  Statutes, is amended to read:

13         984.03  Definitions.--When used in this chapter, the

14  term:

15         (10)  "Child support" means a court-ordered obligation,

16  enforced under chapter 61 and ss. 409.2554-409.2597

17  409.2551-409.2597, for monetary support for the care,

18  maintenance, training, and education of a child.

19         Section 30.  Subsection (11) of section 985.03, Florida

20  Statutes, is amended to read:

21         985.03  Definitions.--When used in this chapter, the

22  term:

23         (11)  "Child support" means a court-ordered obligation,

24  enforced under chapter 61 and ss. 409.2554-409.2597

25  409.2551-409.2597, for monetary support for the care,

26  maintenance, training, and education of a child.

27         Section 31.  Subsection (1) of section 409.25575,

28  Florida Statutes, is repealed.

29         Section 32.  Section 409.2559, Florida Statutes, is

30  repealed.

31

                                  33

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1         Section 33.  Sections 708.05, 708.08, 708.09, and

  2  708.10, Florida Statutes, are repealed.

  3         Section 34.  Sections 741.03055 and 741.03056, Florida

  4  Statutes, is repealed.

  5         Section 35.  Section 741.2902, Florida Statutes, is

  6  repealed.

  7         Section 36.  Subsection (1) of section 741.32, Florida

  8  Statutes, is repealed.

  9         Section 37.  Section 741.401, Florida Statutes, is

10  repealed.

11         Section 38.  Section 741.402, Florida Statutes, is

12  amended to read:

13         741.402  Definitions.--Unless the context clearly

14  requires otherwise, as used in ss. 741.402-741.409

15  741.401-741.409, the term:

16         (1)  "Address" means a residential street address,

17  school address, or work address of an individual, as specified

18  on the individual's application to be a program participant

19  under ss. 741.402-741.409 741.401-741.409.

20         (2)  "Program participant" means a person certified as

21  a program participant under s. 741.403.

22         (3)  "Domestic violence" means an act as defined in s.

23  741.28 and includes a threat of such acts committed against an

24  individual in a domestic situation, regardless of whether

25  these acts or threats have been reported to law enforcement

26  officers.

27         Section 39.  Paragraph (a) of subsection (1) of section

28  741.405, Florida Statutes, is amended to read:

29         741.405  Agency use of designated address.--

30         (1)  A program participant may request that state and

31  local agencies or other governmental entities use the address

                                  34

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1  designated by the Attorney General as his or her address.

  2  When creating a new public record, state and local agencies or

  3  other governmental entities shall accept the address

  4  designated by the Attorney General as a program participant's

  5  substitute address, unless the Attorney General has determined

  6  that:

  7         (a)  The agency or entity has a bona fide statutory or

  8  administrative requirement for the use of the address that

  9  would otherwise be confidential under ss. 741.402-741.409

10  741.401-741.409;

11         Section 40.  Section 751.01, Florida Statutes, is

12  repealed.

13         Section 41.  Subsection (14) of section 49.011, Florida

14  Statutes, is amended to read:

15         49.011  Service of process by publication; cases in

16  which allowed.--Service of process by publication may be made

17  in any court on any person mentioned in s. 49.021 in any

18  action or proceeding:

19         (14)  For temporary custody of a minor child, under

20  chapter 751 ss. 751.01-751.05.

21         Section 42.  Section 751.011, Florida Statutes, is

22  amended to read:

23         751.011  Definitions.--As used in this chapter ss.

24  751.01-751.05, the term:

25         (1)  "Extended family" is any family composed of the

26  minor child and a relative of the child who is the child's

27  brother, sister, grandparent, aunt, uncle, or cousin.

28         (2)  "Putative father" is a man who reasonably believes

29  himself to be the biological father of the minor child, but

30  who is unable to prove his paternity due to the absence of the

31  mother of the child.

                                  35

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1         Section 43.  Section 751.04, Florida Statutes, is

  2  amended to read:

  3         751.04  Notice and opportunity to be heard.--Before a

  4  decree is made under this chapter ss. 751.01-751.05,

  5  reasonable notice and opportunity to be heard must be given to

  6  the parents of the minor child by service of process, either

  7  personal or constructive.

  8         Section 44.  Section 753.004, Florida Statutes, is

  9  repealed.

10         Section 45.  This act shall take effect upon becoming a

11  law.

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  36

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






    Florida House of Representatives - 2000                HB 4025

    175-162-00






  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Repeals various statutory provisions that have become
  4    obsolete, have had their effect, have served their
      purpose, or have been impliedly repealed or superseded.
  5    Repeals or deletes provisions relating to required
      development by a specified date of a state plan for the
  6    prevention of abuse, abandonment, and neglect of
      children; intent with respect to the Child Abuse
  7    Prevention Training Act of 1985; implementation of the
      transfer of child protective investigative services to
  8    the sheriffs of Pasco, Manatee, and Pinellas Counties and
      to the duty of the sheriff of Broward County to perform
  9    the same services in fiscal year 1999-2000; a foster care
      privatization demonstration pilot project; adoption of
10    rules of juvenile procedure by the Supreme Court to
      implement pt. X, ch. 39, F.S., relating to guardians ad
11    litem and guardian advocates; the purpose of ch. 61,
      F.S., relating to dissolution of marriage, support, and
12    custody; informational questionnaires required upon
      filing for dissolution of marriage; an audit of the
13    central child support enforcement depositories and an
      evaluation of the Dade County and Manatee County Child
14    Support Enforcement demonstration projects; obsolete
      funding provisions of the Child Support Incentive Trust
15    Fund; the Child Support Depository Trust Fund; findings
      with respect to procurement of services for the State
16    Disbursement Unit and the non-Title IV-D component of the
      State Case Registry; intent with respect to the Florida
17    Adoption Act; a prohibition on mandatory screening or
      testing for sickle-cell trait; intent with respect to
18    family preservation; intent with respect to child support
      and purpose statements in other provisions of law
19    providing for suspension or denial of various licenses,
      registrations, and certificates for delinquent child
20    support obligations which incorporate such intent; intent
      with respect to privatization of child support
21    enforcement services; the requirement to establish and
      operate a state disbursement unit by a specified date;
22    married women's property; review of premarital
      preparation courses, creation of pilot programs,
23    development and use of an informational questionnaire,
      and creation of a curriculum; intent with respect to the
24    judiciary's role in domestic violence cases; intent with
      respect to certification of batterers' intervention
25    programs; intent with respect to the domestic violence
      address confidentiality program; intent with respect to
26    temporary custody of minor children by extended families;
      and supervised visitation projects.
27

28

29

30

31

                                  37