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



                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1689

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Crow offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Paragraph (c) of subsection (14) of section

18  120.80, Florida Statutes, is amended to read:

19         120.80  Exceptions and special requirements;

20  agencies.--

21         (14)  DEPARTMENT OF REVENUE.--

22         (c)  Proceedings for administrative child support

23  orders.--Notwithstanding the provisions of s. 120.569 or s.

24  120.57 to the contrary, In proceedings for the establishment

25  of administrative support orders pursuant to s. 409.2563,

26  final orders in cases referred by the Department of Revenue to

27  the Division of Administrative Hearings shall be entered by

28  the division's administrative law judge and transmitted to the

29  Department of Revenue for filing and rendering indexing. The

30  Department of Revenue has the right to seek judicial review

31  under s. 120.68 of a final order entered by an administrative

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1689

    Amendment No. ___ (for drafter's use only)





  1  law judge.  Administrative support orders rendered pursuant to

  2  s. 409.2563 may be enforced pursuant to s. 120.69 or,

  3  alternatively, by any method prescribed by law for the

  4  enforcement of judicial support orders, except contempt.

  5         Section 2.  Subsection (3) of section 409.2557, Florida

  6  Statutes, is amended to read:

  7         409.2557  State agency for administering child support

  8  enforcement program.--

  9         (3)  SPECIFIC RULEMAKING AUTHORITY.--The department has

10  the authority to adopt rules pursuant to ss. 120.536(1) and

11  120.54 to implement all laws administered by the department in

12  its capacity as the Title IV-D agency for this state

13  including, but not limited to, the following:

14         (a)  Background screening of department employees and

15  applicants, including criminal records checks;

16         (b)  Confidentiality and retention of department

17  records; access to records; record requests;

18         (c)  Department trust funds;

19         (d)  Federal funding procedures;

20         (e)  Agreements with law enforcement and other state

21  agencies; National Crime Information Center (NCIC) access;

22  Parent Locator Service access;

23         (f)  Written agreements entered into between the

24  department and support obligors in establishment, enforcement,

25  and modification proceedings;

26         (g)  Procurement of services by the department, pilot

27  programs, and demonstration projects;

28         (h)  Management of cases by the department involving

29  any documentation or procedures required by federal or state

30  law, including but not limited to, cooperation; review and

31  adjustment; audits; interstate actions; diligent efforts for

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1689

    Amendment No. ___ (for drafter's use only)





  1  service of process;

  2         (i)  Department procedures for orders for genetic

  3  testing; subpoenas to establish, enforce, or modify orders;

  4  increasing the amount of monthly obligations to secure

  5  delinquent support; suspending or denying driver's and

  6  professional licenses and certificates; fishing and hunting

  7  license suspensions; suspending vehicle and vessel

  8  registrations; screening applicants for new or renewal

  9  licenses, registrations, or certificates; income deduction;

10  credit reporting and  accessing; tax refund intercepts;

11  passport denials; liens; financial institution data matches;

12  expedited procedures; medical support; and all other

13  responsibilities of the department as required by state or

14  federal law;

15         (j)  Collection and disbursement of support and alimony

16  payments by the department as required by federal law;

17  collection of genetic testing costs and other costs awarded by

18  the court;

19         (k)  Report information to and receive information from

20  other agencies and entities;

21         (l)  Provide location services, including accessing

22  from and reporting to federal and state agencies;

23         (m)  Privatizing location, establishment, enforcement,

24  modification, and other functions;

25         (n)  State case registry;

26         (o)  State disbursement unit; and

27         (p)  Administrative proceedings to establish

28  child-support obligations; and

29         (q)(p)  All other responsibilities of the department as

30  required by state or federal law.

31         Section 3.  Section 409.2563, Florida Statutes, is

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1689

    Amendment No. ___ (for drafter's use only)





  1  amended to read:

  2         409.2563  Pilot program for Administrative

  3  establishment of child support obligations.--

  4         (1)  DEFINITIONS.--As used in this section, the term:

  5         (a)  "Administrative support order" means a final order

  6  rendered by or on behalf of the department pursuant to this

  7  section establishing or modifying the obligation of a

  8  noncustodial parent to contribute to the support and

  9  maintenance of his or her child or children, which may include

10  provisions for monetary support, retroactive support, health

11  care, and other elements of support pursuant to chapter 61.

12         (b)  "Caretaker relative" has the same meaning ascribed

13  in s. 414.0252(11).

14         (c)  "Filed" means a document has been received and

15  accepted for filing at the offices of the department by the

16  clerk or any authorized deputy clerk of the department. The

17  date of filing must be indicated on the face of the document

18  by the clerk or deputy clerk.

19         (d)  "Financial affidavit" means an affidavit or

20  written declaration as provided by s. 92.525(2) which shows an

21  individual's income, allowable deductions, net income, and

22  other information needed to calculate the child support

23  guideline amount under s. 61.30

24         (e)(d)  "Rendered" means that a signed written order is

25  filed with the clerk or any deputy clerk of the department and

26  served on the respondent. The date of filing must be indicated

27  on the face of the order at the time of rendition.

28         (f)(e)  "Title IV-D case" means a case or proceeding in

29  which the department is providing child support services

30  within the scope of Title IV-D of the Social Security Act, 42

31  U.S.C. ss. 651 et seq.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1689

    Amendment No. ___ (for drafter's use only)





  1         (g)(f)  "Retroactive support" means a child support

  2  obligation established pursuant to s. 61.30(17).

  3

  4  Other terms used in this section have the meanings ascribed in

  5  ss. 61.046 and 409.2554.

  6         (2)  PURPOSE AND SCOPE.--

  7         (a)  It is not the Legislature's intent to limit the

  8  jurisdiction of the circuit courts to hear and determine

  9  issues regarding child support. This section is intended to

10  provide the department with an alternative procedure for

11  establishing child support obligations in Title IV-D cases in

12  a fair and expeditious manner when there is no court order of

13  support. The procedures in this section are effective

14  throughout the state and shall be implemented statewide.

15         (b)  The administrative procedure set forth in this

16  section concerns only the establishment of child support

17  obligations. This section does not grant jurisdiction to the

18  department or the Division of Administrative Hearings to hear

19  or determine issues of dissolution of marriage, separation,

20  alimony or spousal support, termination of parental rights,

21  dependency, disputed paternity, award of or change of custody,

22  or visitation. This paragraph notwithstanding, the department

23  and the Division of Administrative Hearings may make findings

24  of fact that which are necessary for a proper determination of

25  a noncustodial parent's support obligation as authorized by

26  this section.

27         (c)  If there is no support order for a child in a

28  Title IV-D case whose paternity has been established or is

29  presumed by law, the department may establish the a

30  noncustodial parent's child support obligation pursuant to

31  this section, s. 61.30, and other relevant provisions of state

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1689

    Amendment No. ___ (for drafter's use only)





  1  law. The noncustodial parent's obligation determined by the

  2  department may include any obligation to pay retroactive

  3  support and any obligation to provide for health care for a

  4  child, whether through insurance coverage, reimbursement of

  5  expenses, or both. The department may proceed on behalf of:

  6         1.  An applicant or recipient of public assistance, as

  7  provided by ss. 409.2561 and 409.2567;

  8         2.  A former recipient of public assistance, as

  9  provided by s. 409.2569;

10         3.  An individual who has applied for services as

11  provided by s. 409.2567;

12         4.  Itself or the child, as provided by s. 409.2561; or

13         5.  A state or local government of another state, as

14  provided by chapter 88.

15         (d)  Either parent, or a caretaker relative if

16  applicable, may at any time file a civil action in a circuit

17  court having jurisdiction and proper venue to determine the

18  noncustodial parent's child support obligations, if any. A

19  support order issued by a circuit court prospectively

20  supersedes an administrative support order rendered by the

21  department.

22         (e)  Pursuant to paragraph (b), neither the department

23  nor the Division of Administrative Hearings have jurisdiction

24  to award or change child custody or rights of parental

25  contact.  Either parent may at any time file a civil action in

26  a circuit having jurisdiction and proper venue for a

27  determination of child custody and rights of parental contact.

28         (f)  The department shall terminate the administrative

29  proceeding and file an action in circuit court to determine

30  support if within 20 days after receipt of the initial notice

31  the noncustodial parent requests in writing that the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1689

    Amendment No. ___ (for drafter's use only)





  1  department proceed in circuit court or states in writing the

  2  noncustodial parent's intention to address issues concerning

  3  custody or rights to parental contact in court and if within

  4  10 days after receipt of the department's petition and waiver

  5  of service the noncustodial parent signs and returns the

  6  waiver of service form to the department.

  7         (g)  The notices and orders issued by the department

  8  under this section shall be written clearly and plainly.

  9  (3)  JURISDICTION OVER NONRESIDENTS.--The department may use

10  the procedures authorized by this section to establish a child

11  support obligation against a nonresident over whom the state

12  may assert personal jurisdiction under chapter 48 or chapter

13  88.

14         (4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE

15  SUPPORT ORDER.--To commence a proceeding under this section,

16  the department shall provide to the custodial parent and serve

17  the noncustodial parent with a notice of proceeding to

18  establish administrative support order and a blank financial

19  affidavit form. The notice must state:

20         (a)  The names of both parents, the name of the

21  caretaker relative, if any, and the name and date of birth of

22  the child or children;

23         (b)  That the department intends to establish an

24  administrative support order as defined in this section;

25         (c)  That both parents must submit a completed

26  financial affidavit to the department within 20 days after

27  receiving the notice, as provided by paragraph (13)(a);

28         (d)  That both parents, or parent and caretaker

29  relative if applicable, are required to furnish to the

30  department information regarding their identities and

31  locations, as provided by paragraph (13)(b);

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1689

    Amendment No. ___ (for drafter's use only)





  1         (e)  That both parents, or parent and caretaker

  2  relative if applicable, are required to promptly notify the

  3  department of any change in their mailing addresses to ensure

  4  receipt of all subsequent pleadings, notices, and orders, as

  5  provided by paragraph (13)(c);

  6         (f)  That the department will calculate support

  7  obligations based on the child support guidelines in s. 61.30

  8  and using all available information, as provided by paragraph

  9  (5)(a), and will incorporate such obligations into a proposed

10  administrative support order;

11         (g)  That the department will send by regular mail to

12  both parents, or parent and caretaker relative if applicable,

13  a copy of the proposed administrative support order, the

14  department's child support worksheet, and any financial

15  affidavits submitted by a parent or prepared by the

16  department;

17         (h)  That the noncustodial parent may file a request

18  for a hearing in writing within 20 days after the date of

19  mailing or other service of the proposed administrative

20  support order or will be deemed to have waived the right to

21  request a hearing;

22         (i)  That if the noncustodial parent does not file a

23  timely request for hearing after service of the proposed

24  administrative support order, the department will issue an

25  administrative support order that incorporates the findings of

26  the proposed administrative support order, and will send by

27  regular mail a copy of the administrative support order to

28  both parents, or parent and caretaker relative if applicable;

29         (j)  That after an administrative support order is

30  rendered, the department will file a copy of the order with

31  the clerk of the circuit court;

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1689

    Amendment No. ___ (for drafter's use only)





  1         (k)  That after an administrative support order is

  2  rendered, the department may enforce the administrative

  3  support order by any lawful means; and

  4         (l)  That either parent, or caretaker relative if

  5  applicable, may file at any time a civil action in a circuit

  6  court having jurisdiction and proper venue to determine the

  7  noncustodial parent's child support obligations, if any, and

  8  that a support order issued by a circuit court supersedes an

  9  administrative support order rendered by the department;.

10         (m)  That, neither the department nor the Division of

11  Administrative Hearings have jurisdiction to award or change

12  child custody or rights of parental contact and these issues

13  may only be addressed in circuit court.  If the noncustodial

14  parent has issues regarding child custody or right of parental

15  contact or requests to proceed in circuit court the

16  noncustodial parent may request in writing that the department

17  proceed in circuit court to determine support and the

18  noncustodial parent must make such request in writing within

19  20 days after receipt of the initial notice.  Upon such

20  request the department shall send the noncustodial parent by

21  regular mail a copy of the department's petition and waiver of

22  service form.  The noncustodial parent must sign and return

23  the waiver of service form, within 10 days of receipt of the

24  petition at which time the department shall terminate the

25  administrative proceeding and file an action in circuit court

26  to determine support;

27         (n)  That if the noncustodial parent files an action in

28  circuit court and serves the department with a copy of the

29  petition within 20 days after being served notice under this

30  subsection, the administrative process ends without prejudice

31  and the action must proceed in circuit court;

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1689

    Amendment No. ___ (for drafter's use only)





  1         (o)  Information provided by the Office of State Courts

  2  Administrator concerning the availability and location of

  3  self-help programs for those who wish to file an action in

  4  circuit court but who cannot afford an attorney.

  5

  6  The department may serve the notice of proceeding to establish

  7  administrative support order by certified mail, restricted

  8  delivery, return receipt requested. Alternatively, the

  9  department may serve the notice by any means permitted for

10  service of process in a civil action. For purposes of this

11  section, an authorized employee of the department may serve

12  the notice and execute an affidavit of service. Service by

13  certified mail is completed when the certified mail is

14  received or refused by the addressee or by an authorized agent

15  as designated by the addressee in writing. If a person other

16  than the addressee signs the return receipt, the department

17  shall attempt to reach the addressee by telephone to confirm

18  whether the notice was received, and the department shall

19  document any telephonic communications. If someone other than

20  the addressee signs the return receipt, the addressee does not

21  respond to the notice, and the department is unable to confirm

22  that the addressee has received the notice, service is not

23  completed and the department shall attempt to have the

24  addressee served personally. The department shall provide the

25  custodial parent or caretaker relative with a copy of the

26  notice by regular mail to the last known address of the

27  custodial parent or caretaker.

28         (5)  PROPOSED ADMINISTRATIVE SUPPORT ORDER.--

29         (a)  After serving notice upon the noncustodial parent

30  in accordance with subsection (4), the department shall

31  calculate the noncustodial parent's child support obligation

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1689

    Amendment No. ___ (for drafter's use only)





  1  under the child support guidelines as provided by s. 61.30,

  2  based on any timely financial affidavits received and other

  3  information available to the department. If either parent

  4  fails to comply with the requirement to furnish a financial

  5  affidavit, the department may proceed on the basis of

  6  information available from any source, if such information is

  7  sufficiently reliable and detailed to allow calculation of

  8  guideline amounts under s. 61.30. If the custodial parent

  9  receives public assistance and fails to submit a financial

10  affidavit, the department may submit a financial affidavit for

11  the custodial parent pursuant to s. 61.30(15). If there is a

12  lack of sufficient reliable information concerning a parent's

13  actual earnings for a current or past period, it shall be

14  presumed for the purpose of establishing a support obligation

15  that the parent had an earning capacity equal to the federal

16  minimum wage during the applicable period.

17         (b)  The department shall send by regular mail to both

18  parents, or to a parent and caretaker relative if applicable,

19  copies of the proposed administrative support order, its

20  completed child support worksheet, and any financial

21  affidavits submitted by a parent or prepared by the

22  department. The proposed administrative support order must

23  contain the same elements as required for an administrative

24  support order under paragraph (7)(e).

25         (c)  The department shall provide a notice of rights

26  with the proposed administrative support order, which notice

27  must inform the noncustodial parent that:

28         1.  The noncustodial parent may, within 20 days after

29  the date of mailing or other service of the proposed

30  administrative support order, request a hearing by filing a

31  written request for hearing in a form and manner specified by

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1689

    Amendment No. ___ (for drafter's use only)





  1  the department;

  2         2.  If the noncustodial parent files a timely request

  3  for a hearing, the case shall be transferred to the Division

  4  of Administrative Hearings, which shall conduct further

  5  proceedings and may enter an administrative support order;

  6         3.  A noncustodial parent who fails to file a timely

  7  request for a hearing shall be deemed to have waived the right

  8  to a hearing, and the department may render an administrative

  9  support order pursuant to paragraph (7)(b);

10         4.  The noncustodial parent may consent in writing to

11  entry of an administrative support order without a hearing;

12         5.  The noncustodial parent may, within 10 days after

13  the date of mailing or other service of the proposed

14  administrative support order, contact a department

15  representative, at the address or telephone number specified

16  in the notice, to informally discuss the proposed

17  administrative support order and, if informal discussions are

18  requested timely and held within a reasonable time, the time

19  for requesting a hearing will be extended until 10 days after

20  the department notifies the noncustodial parent that the

21  informal discussions have been concluded; and

22         6.  If an administrative support order that establishes

23  a noncustodial parent's support obligation is rendered,

24  whether after a hearing or without a hearing, the department

25  may enforce the administrative support order by any lawful

26  means.

27         (d)  If, after serving the proposed administrative

28  support order but before a final administrative support order

29  is rendered, the department receives additional information

30  that makes it necessary to amend the proposed administrative

31  support order, it shall prepare an amended proposed

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1689

    Amendment No. ___ (for drafter's use only)





  1  administrative support order, with accompanying amended child

  2  support worksheets and other material necessary to explain the

  3  changes, and follow the same procedures set forth in

  4  paragraphs (b) and (c).

  5         (6)  HEARING.--If the noncustodial parent files a

  6  timely request for hearing, the department shall refer the

  7  hearing request to the Division of Administrative Hearings.

  8  Unless otherwise provided by this section, chapter 120 and the

  9  division's Uniform Rules of Procedure shall govern the conduct

10  of the proceedings. The administrative law judge shall

11  consider all available and admissible information and any

12  presumptions that apply as provided by paragraph (5)(a). A

13  designated employee or other representative of the department,

14  who need not be an attorney, may represent the department as a

15  qualified representative at the hearing.

16         (7)  ADMINISTRATIVE SUPPORT ORDER.--

17         (a)  If a hearing is held, notwithstanding ss. 120.569

18  and 420.57, the administrative law judge of the Division of

19  Administrative Hearings shall issue an administrative support

20  order, or a final order denying an administrative support

21  order, which constitutes final agency action by the

22  department. The Division of Administrative Hearings shall

23  transmit any such order to the department for filing and

24  rendering indexing.

25         (b)  If the noncustodial parent does not file a timely

26  request for a hearing, the noncustodial parent will be deemed

27  to have waived the right to request a hearing.

28         (c)  If the noncustodial parent waives the right to a

29  hearing, or consents in writing to the entry of an order

30  without a hearing, the department may render an administrative

31  support order.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1689

    Amendment No. ___ (for drafter's use only)





  1         (d)  The department shall send by regular mail a copy

  2  of the administrative support order, or the final order

  3  denying an administrative support order, to both parents, or a

  4  parent and caretaker relative if applicable. The noncustodial

  5  parent shall be notified of the right to seek judicial review

  6  of the administrative support order in accordance with s.

  7  120.68.

  8         (e)  An administrative support order must comply with

  9  s. 61.30. The department, after consultation with the Division

10  of Administrative Hearings and the chief judge of the circuit

11  in which the pilot program is located, shall develop a

12  standard form or forms for administrative support orders. An

13  administrative support order must provide and state findings,

14  if applicable, concerning:

15         1.  The full name and date of birth of the child or

16  children;

17         2.  The name of the noncustodial parent and the

18  custodial parent or caretaker relative;

19         3.  The noncustodial parent's duty and ability to

20  provide support;

21         4.  The amount of the noncustodial parent's monthly

22  support obligation for each child;

23         5.  Any obligation to pay retroactive support;

24         6.  The noncustodial parent's obligation to provide for

25  the health care needs of each child, whether through insurance

26  coverage, contribution towards the cost of insurance coverage,

27  payment or reimbursement of health care expenses for the

28  child, or any combination thereof;

29         7.  The beginning date of any required monthly payments

30  and health care coverage;

31         8.  That all support payments ordered must be paid to

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1689

    Amendment No. ___ (for drafter's use only)





  1  the Florida State Disbursement Unit as provided by s. 61.1824;

  2         9.  That the parents, or caretaker relative if

  3  applicable, must file with the department when the

  4  administrative support order is rendered, if they have not

  5  already done so, and update as appropriate the information

  6  required pursuant to paragraph (13)(b); and

  7         10.  That both parents, or parent and caretaker

  8  relative if applicable, are required to promptly notify the

  9  department of any change in their mailing addresses pursuant

10  to paragraph (13)(c); and.

11         11.  That if the noncustodial parent receives

12  unemployment compensation benefits, the payor shall withhold,

13  and transmit to the department, 40 percent of the benefits for

14  payment of support, not to exceed the amount owed.

15

16  An income deduction order as provided by s. 61.1301 must be

17  incorporated into the administrative support order or, if not

18  incorporated into the administrative support order, the

19  department or the Division of Administrative Hearings shall

20  render a separate income deduction order.

21         (8)  FILING WITH THE CLERK OF THE CIRCUIT COURT;

22  OFFICIAL PAYMENT RECORD; JUDGMENT BY OPERATION OF LAW.--The

23  department shall file with the clerk of the circuit court a

24  certified copy of an administrative support order rendered

25  under this section. The depository operated pursuant to s.

26  61.181 for the county where the administrative support order

27  has been filed shall:

28         (a)  Act as the official recordkeeper for payments

29  required under the administrative support order;

30         (b)  Establish and maintain the necessary payment

31  accounts;

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1689

    Amendment No. ___ (for drafter's use only)





  1         (c)  Upon a delinquency, initiate the judgment by

  2  operation of law procedure as provided by s. 61.14(6); and

  3         (d)  Perform all other duties required of a depository

  4  with respect to a support order entered by a court of this

  5  state.

  6         (9)  COLLECTION ACTION; ENFORCEMENT.--

  7         (a)  The department may implement an income deduction

  8  notice immediately upon rendition of an income deduction

  9  order, whether it is incorporated in the administrative

10  support order or rendered separately.

11         (b)  The department may initiate other collection

12  action 15 days after the date an administrative support order

13  is rendered under this section.

14         (c)  In a subsequent proceeding to enforce an

15  administrative support order, notice of the proceeding that is

16  sent by regular mail to the person's address of record

17  furnished to the department constitutes adequate notice of the

18  proceeding pursuant to paragraph (13)(c).

19         (d)  An administrative support order rendered under

20  this section has the same force and effect as court order and,

21  until modified by the department or superseded by a court

22  order, may be enforced:

23         1.  In any manner permitted for enforcement of a

24  support order issued by a court of this state, except for

25  contempt; or

26         2.  Pursuant to s. 120.69.

27         (10)  JUDICIAL REVIEW, ENFORCEMENT, OR COURT ORDER

28  SUPERSEDING ADMINISTRATIVE SUPPORT ORDER.--

29         (a)  A noncustodial parent has the right to seek

30  judicial review of an administrative support order or a final

31  order denying an administrative support order in accordance

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                                                  Bill No. HB 1689

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  1  with s. 120.68. The department has the right to seek judicial

  2  review, in accordance with s. 120.68, of an administrative

  3  support order or a final order denying an administrative

  4  support order entered by an administrative law judge of the

  5  Division of Administrative Hearings.

  6         (b)  An administrative support order rendered under

  7  this section has the same force and effect as a court order

  8  and may be enforced by any circuit court in the same manner as

  9  a support order issued by the court, except for contempt. If

10  the circuit court issues its own order enforcing based on the

11  administrative support order, the circuit court may enforce

12  its own order by contempt. The presumption of ability to pay

13  and purge contempt established in s. 61.14(5)(a) applies to an

14  administrative support order that includes a finding of

15  present ability to pay. Enforcement by the court, without any

16  change by the court in the support obligations established in

17  the administrative support order, does not supersede the

18  administrative support order or affect the department's

19  authority to modify the administrative support order as

20  provided by subsection (12). An order by the court that

21  requires the noncustodial parent to make periodic payments on

22  arrearages does not constitute a change in the support

23  obligations established in the administrative support order

24  and does not supersede the administrative order.

25         (c)  A circuit court of this state, where venue is

26  proper and the court has jurisdiction of the parties, may

27  enter an order prospectively changing the support obligations

28  established in an administrative support order, in which case

29  the administrative support order is superseded and the court's

30  order shall govern future proceedings in the case. Any unpaid

31  support owed under the superseded administrative support order

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1689

    Amendment No. ___ (for drafter's use only)





  1  may not be retroactively modified by the circuit court, except

  2  as provided by s. 61.14(1)(a), and remains enforceable by the

  3  department, by the obligee, or by the court. In all cases in

  4  which an administrative support order is superseded, the court

  5  shall determine the amount of any unpaid support owed under

  6  the administrative support order and shall include the amount

  7  as arrearage in its superseding order.

  8         (11)  EFFECTIVENESS OF ADMINISTRATIVE SUPPORT

  9  ORDER.--An administrative support order rendered under this

10  section has the same force and effect as a court order and

11  remains in effect until modified by the department, vacated on

12  appeal, or superseded by a subsequent court order. If the

13  department closes a Title IV-D case in which an administrative

14  support order has been rendered:

15         (a)  The department shall take no further action to

16  enforce or modify the administrative support order;

17         (b)  The administrative support order remains effective

18  until superseded by a subsequent court order; and

19         (c)  The administrative support order may be enforced

20  by the obligee by any means provided by law.

21         (12)  MODIFICATION OF ADMINISTRATIVE SUPPORT ORDER.--If

22  it has not been superseded by a subsequent court order, the

23  department may modify, suspend, or terminate an administrative

24  support order in a Title IV-D case prospectively, subject to

25  the requirements for modifications of judicial support orders

26  established in chapters 61 and 409, by following the same

27  procedures set forth in this section for establishing an

28  administrative support order, as applicable.

29         (13)  REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT

30  TO ADDRESS OF RECORD.--In all proceedings pursuant to this

31  section:

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1689

    Amendment No. ___ (for drafter's use only)





  1         (a)  The noncustodial parent and custodial parent must

  2  execute and furnish to the department, no later than 20 days

  3  after receipt of the notice of proceeding to establish

  4  administrative support order, a financial affidavit in the

  5  form prescribed by the department in the Florida Family Law

  6  Rules of Procedure. An updated financial affidavit must be

  7  executed and furnished to the department at the inception of

  8  each proceeding to modify an administrative support order.

  9  Caretaker relatives are not required to furnish financial

10  affidavits.

11         (b)  The noncustodial parent, custodial parent, and

12  caretaker relative if applicable, shall disclose to the

13  department, no later than 20 days after receipt of the notice

14  of proceeding to establish administrative support order, and

15  update as appropriate, information regarding their identity

16  and location, including names they are known by; social

17  security numbers; residential and mailing addresses; telephone

18  numbers; driver's license numbers; and names, addresses, and

19  telephone numbers of employers. Pursuant to the federal

20  Personal Responsibility and Work Opportunity Reconciliation

21  Act of 1996, each person must provide his or her social

22  security number in accordance with this section. Disclosure of

23  social security numbers obtained through this requirement

24  shall be limited to the purpose of administration of the Title

25  IV-D program for child support enforcement.

26         (c)  The noncustodial parent, custodial parent, and

27  caretaker relative, if applicable, have a continuing

28  obligation to promptly inform the department in writing of any

29  change in their mailing addresses to ensure receipt of all

30  subsequent pleadings, notices, payments, statements, and

31  orders, and receipt is presumed if sent by regular mail to the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1689

    Amendment No. ___ (for drafter's use only)





  1  most recent address furnished by the person.

  2         (14)  JUDICIAL PLEADINGS AND MOTIONS.--A party to any

  3  subsequent judicial proceeding concerning the support of the

  4  same child or children shall affirmatively plead the existence

  5  of, and furnish the court with a correct copy of, an

  6  administrative support order rendered under this section, and

  7  shall provide the department with a copy of the initial

  8  pleading. The department may intervene as a matter of right in

  9  any such judicial proceeding involving issues within the scope

10  of the Title IV-D case.

11         (15)  PROVISIONS SUPPLEMENTAL TO EXISTING LAW.--This

12  section does not limit or negate the department's authority to

13  seek establishment of child support obligations under any

14  other applicable law.

15         (16)  RULEMAKING AUTHORITY.--The department may adopt

16  rules to administer this section.

17         (17)  EVALUATION PILOT PROGRAM.--

18         (a)  For the purpose of identifying measurable outcomes

19  and evaluating the administrative process created by this

20  section, a study area, the pilot program shall be established.

21  The study area must be located in a county selected by the

22  Department of Revenue having a population of fewer than

23  500,000, in which the Title IV-D caseload did not exceed

24  20,000 cases, and the obligation rate was approximately 65

25  percent at the end of the 1999-2000 fiscal year. The

26  Department of Revenue shall develop measurable outcomes that

27  at a minimum consist of the department's support order

28  establishment performance measures that are applicable to the

29  administrative process this pilot program, a measure of the

30  effectiveness of the administrative process pilot program in

31  establishing support orders as compared to the judicial

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1689

    Amendment No. ___ (for drafter's use only)





  1  process, and a measure of the cost efficiency of the

  2  administrative process pilot program as compared to the

  3  judicial process.  The Department of Revenue and the Division

  4  of Administrative Hearings shall implement the pilot program

  5  established by this section on July 1, 2001, or as soon

  6  thereafter as practicable. The department shall use the

  7  procedures of this section to establish support obligations in

  8  Title IV-D cases on behalf of custodial parents or caretaker

  9  relatives residing in the county selected for the study area

10  pilot program. By June 30, 2002, the Department of Revenue

11  shall submit a report on the implementation of the

12  administrative process in the study area pilot program to the

13  Governor and Cabinet, the President of the Senate, and the

14  Speaker of the House of Representatives. The Office of Program

15  Policy Analysis and Government Accountability shall conduct an

16  evaluation of the operation and impact of the administrative

17  process in the study area pilot program. In evaluating the

18  administrative process pilot program, achievement of the

19  measurable outcomes must be considered. The Office of Program

20  Policy Analysis and Government Accountability shall submit an

21  evaluation report on the administrative process in the study

22  area pilot program by June 30, 2003, which must include the

23  findings of the evaluation, the feasibility of a statewide

24  program, and any recommendations to improve the administrative

25  process established by this section, if any, for establishing

26  a statewide program. The pilot program expires June 30, 2004,

27  unless continued by action of the Legislature. The department

28  shall report to the Governor and Cabinet, the President of the

29  Senate, and the Speaker of the House of Representatives by

30  June 30, 2004, on the implementation and results of the

31  procedures established by this section.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1689

    Amendment No. ___ (for drafter's use only)





  1         (b)  The Office of Program Policy Analysis and

  2  Government Accountability shall conduct an evaluation of the

  3  statewide implementation of the administrative process for

  4  establishing child support provided for in this section. This

  5  evaluation shall examine whether these processes have been

  6  effectively implemented and administered statewide and are

  7  operating to the benefit of the children, including, but not

  8  limited to the ability of Title IV-D parents to easily access

  9  the court system for necessary court action. The Office of

10  Program Policy Analysis and Government Accountability shall

11  submit an evaluation report on the statewide implementation of

12  the administrative processes for establishing child support by

13  January 31, 2005.

14         Section 4.  The Legislature finds that many

15  child-support services require judicial action and that such

16  services depend heavily on coordination between judges,

17  quasi-judicial officers, clerks of court, sheriffs, private

18  process servers, public and private attorneys, the Department

19  of Revenue as the state's Title IV-D Child Support Enforcement

20  Program, and other state, public, and private agencies. In

21  order to improve child-support services provided to families,

22  these partners must work together to identify and implement

23  process improvements. Therefore, it is the intent of the

24  Legislature that the Department of Revenue continue its

25  ongoing efforts to identify, implement, and support efforts to

26  improve the judicial process and, more specifically, that the

27  Department of Revenue work with all partners to implement the

28  recommendations in the Court Child Support Process Improvement

29  Project Final Report, January 2002. The Legislature also finds

30  that there are many children who are born to unmarried parents

31  and whose paternity has not be legally established. The

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1689

    Amendment No. ___ (for drafter's use only)





  1  Legislature recognizes that parental interaction enhances a

  2  child's physical and psychological well-being. Therefore, the

  3  Legislature directs the Department of Revenue to study the

  4  feasibility of an administrative process, for the

  5  establishment of paternity in Title IV-D cases. In developing

  6  the administrative process the Department shall consider

  7  procedures used in other states and shall consult affected

  8  parties. The Department of Revenue shall submit a report to

  9  the Governor and Cabinet, the President of the Senate, the

10  Speaker of the House of Representatives, and the Majority and

11  Minority Leaders of the House and Senate by December 1, 2002.

12  Such report may contain proposed legislation creating an

13  administrative process based on the findings of the study.

14         Section 5.  This act shall take effect upon becoming a

15  law.

16

17

18  ================ T I T L E   A M E N D M E N T ===============

19  And the title is amended as follows:

20  remove:  entire title

21

22  and insert:

23                      A bill to be entitled

24         An act relating to the administrative

25         establishment of child support; amending s.

26         120.80, F.S.; providing for immediate judicial

27         review of any such order; providing for

28         enforcement; amending s. 409.2557, F.S.;

29         authorizing the Department of Revenue to adopt

30         rules for administrative proceedings to

31         establish child-support obligations; amending

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1689

    Amendment No. ___ (for drafter's use only)





  1         s. 409.2563, F.S.; revising the pilot program

  2         for administrative establishment of

  3         child-support obligations; providing for

  4         statewide application of the procedures

  5         established under the pilot program; providing

  6         process for optional pursuit of judicial

  7         process; providing for the withholding of a

  8         specified portion of a noncustodial parent's

  9         unemployment compensation; authorizing the

10         Division of Administrative Hearings to render

11         an income deduction order; providing for the

12         use of a financial affidavit as prescribed by

13         the department; requiring an evaluation of the

14         administrative process for establishing

15         child-support obligations; requiring the Office

16         of Program Policy Analysis and Government

17         Accountability to conduct an evaluation of the

18         statewide implementation of the administrative

19         processes for child support; requiring a report

20         by January 31, 2005; providing legislative

21         intent regarding support for administrative

22         child-support process; directing the Department

23         of Revenue to study the feasibility of an

24         administrative process for the establishment of

25         paternity in Title IV cases; providing an

26         effective date.

27

28

29

30

31

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