Senate Bill sb1218

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    Florida Senate - 2001                                  SB 1218

    By Senator Holzendorf





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  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         involuntarily terminated; providing for

10         selection of insurer by competitive bidding;

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. Monthly, the clerk shall transfer

23  the moneys collected under this paragraph to the authorized

24  insurer or eligible surplus lines insurer, selected under

25  chapter 287, for the issuance of a policy of insurance to

26  provide child-support payments when the payor's employment has

27  been voluntarily terminated. The $50 charge may be reduced to

28  the actual premium amount for such policy as determined

29  through the competitive-bidding process in chapter 287.

30         1.  The policy required by this paragraph must provide

31  for the payment of child-support amounts due to the child or

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    Florida Senate - 2001                                  SB 1218
    2-888-01




  1  to the child's parent or legal guardian. Payments must be

  2  made, after a reasonable waiting period of no longer than 7

  3  days, on behalf of the obligated person when the obligated

  4  person has become unemployed by reason of involuntary

  5  unemployment. As used in this paragraph, the term "involuntary

  6  unemployment" means unemployment due to a strike, lockout,

  7  individual or mass layoff, or loss of income due to business

  8  failure or bankruptcy. Payments must be equal to the monthly

  9  or weekly support payments and must be paid in accordance with

10  the terms of the divorce decree or other order of the court

11  for the term of involuntary unemployment, but payments may not

12  be made for a period of more than 13 weeks. The 13 weeks need

13  not be consecutive; however, this is the maximum number of

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

15  of all periods of involuntary unemployment.

16         2.  In addition to the costs collected for the payment

17  of the insurance premium, the clerk or the judge may collect

18  an additional fee of $4 to cover the administrative cost of

19  collecting and transmitting the insurance premium.

20         3.  The Department of Management Services shall select

21  an insurer or eligible surplus lines insurer to provide the

22  insurance required under this paragraph, and such selection

23  must comply with the provisions of chapter 287. The department

24  shall notify each county clerk of the insurer or surplus lines

25  insurer selected to provide the insurance and the necessary

26  information for transmittal of the moneys collected to pay the

27  premiums for such insurance.

28         4.  The clerk shall furnish to such insurer or surplus

29  insurer the name and address of each person ordered to pay

30  child support and each person entitled to receive such

31  payments. The insurer or surplus lines insurer selected shall

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    Florida Senate - 2001                                  SB 1218
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  1  furnish a certificate of insurance, an explanation of the

  2  coverage, and claim-filing instructions to the person entitled

  3  to receive the child-support payments.

  4         5.The insurer or surplus lines insurer providing the

  5  insurance required under this paragraph is responsible for

  6  filing any statutorily required notices that child-support

  7  payments are being made by an insurer.

  8         Section 2.  This act shall take effect October 1, 2001.

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11                          SENATE SUMMARY

12    Provides an additional charge of $50 when a party
      petitions for a dissolution of marriage. The charge is to
13    pay for a policy of insurance to provide child-support
      payments when the payor's employment has been
14    involuntarily terminated for specified reasons. Provides
      for the selection of the insurer by competitive bidding.
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