HOUSE AMENDMENT
Bill No. HB 969 Barcode 050389
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5 ORIGINAL STAMP BELOW
6
7
8
9
10 ______________________________________________________________
11 The Committee on Judicial Oversight offered the following:
12
13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
15
16 and insert in lieu thereof:
17 Section 1. Paragraph (e) is added to subsection (1) of
18 section 28.101, Florida Statutes; to read:
19 28.101 Petitions and records of dissolution of
20 marriage; additional charges.--
21 (1) When a party petitions for a dissolution of
22 marriage, in addition to the filing charges in s. 28.241, the
23 clerk shall collect and receive:
24 (e) A charge of $50. Monthly, the clerk shall transfer
25 the moneys collected under this paragraph to the authorized
26 insurer or eligible surplus lines insurer, selected under
27 chapter 287, for the issuance of a policy of insurance to
28 provide child-support payments when the payor's employment has
29 been involuntarily terminated. The $50 charge may be reduced
30 to the actual premium amount for such policy as determined
31 through the competitive-bidding process in chapter 287.
1
File original & 9 copies 03/29/01
hjo0006 12:05 pm 00969-jo -050389
HOUSE AMENDMENT
Bill No. HB 969 Barcode 050389
Amendment No. 01 (for drafter's use only)
1 1. The policy required by this paragraph must provide
2 for the payment of child-support amounts due to the child or
3 to the child's parent or legal guardian. Payments must be
4 made, after a reasonable waiting period of no longer than 7
5 days, on behalf of the obligated person when the obligated
6 person has become unemployed by reason of involuntary
7 unemployment. As used in this paragraph, the term "involuntary
8 unemployment" means unemployment due to a strike, lockout,
9 individual or mass layoff, or loss of income due to business
10 failure or bankruptcy. Payments must be equal to the monthly
11 or weekly support payments and must be paid in accordance with
12 the terms of the divorce decree or other order of the court
13 for the term of involuntary unemployment, but payments may not
14 be made for a period of more than 13 weeks. The 13 weeks need
15 not be consecutive; however, this is the maximum number of
16 weeks payable on behalf of the obligated person for the total
17 of all periods of involuntary unemployment. The obligated
18 person must not be delinquent in paying child support payments
19 at the time a claim is made to the insurer for child support
20 payments to be made on behalf of the obligated person under
21 this section.
22 2. In addition to the costs collected for the payment
23 of the insurance premium, the clerk or the judge may collect
24 an additional fee of $4 to cover the administrative cost of
25 collecting and transmitting the insurance premium.
26 3. The Department of Management Services shall select
27 an insurer or eligible surplus lines insurer to provide the
28 insurance required under this paragraph, and such selection
29 must comply with the provisions of chapter 287. The department
30 shall notify each county clerk of the insurer or surplus lines
31 insurer selected to provide the insurance and the necessary
2
File original & 9 copies 03/29/01
hjo0006 12:05 pm 00969-jo -050389
HOUSE AMENDMENT
Bill No. HB 969 Barcode 050389
Amendment No. 01 (for drafter's use only)
1 information for transmittal of the moneys collected to pay the
2 premiums for such insurance.
3 4. The clerk shall furnish to such insurer or surplus
4 insurer the name and address of each person ordered to pay
5 child support and each person entitled to receive such
6 payments. The insurer or surplus lines insurer selected shall
7 furnish a certificate of insurance, an explanation of the
8 coverage, and claim-filing instructions to the person entitled
9 to receive the child-support payments.
10 5.The insurer or surplus lines insurer providing the
11 insurance required under this paragraph is responsible for
12 notifying the obligor, obligee, the Department of Revenue in
13 Title IV-D cases, and the local depository in the county which
14 entered the order that child-support payments are being made
15 by an insurer.
16 Section 2. This act shall take effect October 1, 2001.
17
18
19 ================ T I T L E A M E N D M E N T ===============
20 And the title is amended as follows:
21 remove from the title of the bill: the entire title
22
23 and insert in lieu thereof:
24 A bill to be entitled
25 An act relating to dissolution of marriage;
26 amending s. 28.101, F.S.; providing an
27 additional charge when a party petitions for a
28 dissolution of marriage; providing for the
29 disposition of the charge for the payment of a
30 policy of insurance to provide child-support
31 payments when the payor's employment has been
3
File original & 9 copies 03/29/01
hjo0006 12:05 pm 00969-jo -050389
HOUSE AMENDMENT
Bill No. HB 969 Barcode 050389
Amendment No. 01 (for drafter's use only)
1 involuntarily terminated; providing for
2 selection of insurer by competitive bidding;
3 providing an effective date.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
4
File original & 9 copies 03/29/01
hjo0006 12:05 pm 00969-jo -050389