Senate Bill sb2012
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Florida Senate - 2002 SB 2012
By Senator Peaden
1-1283A-02
1 A bill to be entitled
2 An act relating to the establishment of
3 paternity and child support; amending s.
4 61.13016, F.S.; authorizing the suspension of a
5 person's driver's license and motor vehicle
6 registration to enforce compliance with an
7 order to appear for genetic testing; amending
8 s. 61.1814, F.S.; providing for the deposit of
9 administration fines imposed under s. 409.256,
10 F.S., in the Child Support Enforcement
11 Application and Program Revenue Trust Fund;
12 amending s. 120.80, F.S.; providing procedures
13 for the Division of Administrative Hearings
14 with respect to entering orders under a
15 proceeding to establish paternity, to establish
16 paternity and child support, or to appear for
17 genetic testing; providing for immediate
18 judicial review of any such order; providing
19 for enforcement; amending s. 382.013, F.S.;
20 requiring that the paternity of a child
21 determined under s. 409.256, F.S., be entered
22 on the child's birth certificate; amending s.
23 409.2557, F.S.; authorizing the Department of
24 Revenue to adopt rules for administrative
25 proceedings to establish paternity, to
26 establish paternity and child support, to
27 appear for genetic testing, and to establish
28 child-support obligations; creating s. 409.256,
29 F.S.; providing definitions; authorizing the
30 Department of Revenue to commence a proceeding
31 to determine paternity or determine paternity
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1 and child support under specified
2 circumstances; authorizing the department to
3 proceed against more than one putative father;
4 providing requirements for the notice of a
5 proceeding to establish paternity or paternity
6 and child support; providing for an order to
7 appear for genetic testing; providing
8 procedures under which a person ordered to
9 appear for genetic testing may contest the
10 order; providing requirements for the
11 department in scheduling genetic testing;
12 providing procedures for the department if a
13 person refuses to submit to genetic testing;
14 specifying those persons to whom the department
15 must send genetic test results; authorizing the
16 department to issue a proposed order of
17 paternity and a proposed order of paternity and
18 child support; providing for review and an
19 administrative hearing on the proposed order;
20 providing for an administrative law judge to
21 issue a final order establishing paternity or
22 paternity and child support; requiring the
23 department to notify the Office of Vital
24 Statistics that a child's paternity has been
25 established; providing for judicial review of a
26 final administrative order; providing that a
27 respondent has a duty to provide and maintain a
28 current mailing address; providing for
29 proceedings in circuit court; providing for
30 interpretation of the act regardless of a
31 person's gender; providing that the act is
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1 supplemental and in addition to other remedies;
2 authorizing the Department of Revenue to adopt
3 rules; amending s. 409.2563, F.S.; revising the
4 pilot program for administrative establishment
5 of child-support obligations; providing for
6 statewide application of the procedures
7 established under the pilot program; providing
8 for the withholding of a specified portion of a
9 noncustodial parent's unemployment
10 compensation; authorizing the Division of
11 Administrative Hearings to render an income
12 deduction order; providing for the use of a
13 financial affidavit as prescribed by the
14 department; requiring an evaluation of the
15 administrative process for establishing
16 child-support obligations; amending s. 742.10,
17 F.S.; providing that an establishment of
18 paternity by the Department of Revenue applies
19 to ch. 742, F.S., relating to determination of
20 parentage; amending s. 760.40, F.S.; providing
21 that the procedures under s. 409.256, F.S., are
22 an exception to a prohibition against
23 performing a DNA analysis without a person's
24 informed consent; providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsection (4) is added to section
29 61.13016, Florida Statutes, to read:
30 61.13016 Suspension of driver's licenses and motor
31 vehicle registrations.--
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1 (4) The procedures prescribed in this section may be
2 used to enforce compliance with an order to appear for genetic
3 testing.
4 Section 2. Section 61.1814, Florida Statutes, is
5 amended to read:
6 61.1814 Child Support Enforcement Application and
7 Program Revenue Trust Fund.--The Child Support Enforcement
8 Application and Program Revenue Trust Fund is hereby created,
9 to be administered by the Department of Revenue. The fund
10 shall be used for the deposit of application fees of nonpublic
11 assistance applicants for child support enforcement services
12 and fines imposed under ss. 409.256(7)(b), 409.2564(8), and
13 409.2578. Moneys deposited from fines imposed under ss.
14 409.256(7)(b), 409.2564(8), and 409.2578 shall be maintained
15 separately from moneys deposited from application fees.
16 Section 3. Paragraph (c) of subsection (14) of section
17 120.80, Florida Statutes, is amended to read:
18 120.80 Exceptions and special requirements;
19 agencies.--
20 (14) DEPARTMENT OF REVENUE.--
21 (c) Proceedings to establish paternity or paternity
22 and child support; orders to appear for genetic testing;
23 proceedings for administrative child support
24 orders.--Notwithstanding the provisions of s. 120.569 or s.
25 120.57 to the contrary, in proceedings to establish paternity
26 or paternity and child support pursuant to s. 409.256 and
27 proceedings for the establishment of administrative support
28 orders pursuant to s. 409.2563, final orders in cases referred
29 by the Department of Revenue to the Division of Administrative
30 Hearings shall be entered by the division's administrative law
31 judge and transmitted to the Department of Revenue for filing
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1 and rendering indexing. The Department of Revenue has the
2 right to seek judicial review under s. 120.68 of a final order
3 entered by an administrative law judge. The Department of
4 Revenue and the person ordered to appear for genetic testing
5 may seek immediate judicial review under s. 120.68 of an order
6 issued by an administrative law judge pursuant to s.
7 409.256(5)(b). Final orders that adjudicate paternity or
8 paternity and child support pursuant to s. 409.256 and
9 administrative support orders rendered pursuant to s. 409.2563
10 may be enforced pursuant to s. 120.69 or, alternatively, by
11 any method prescribed by law for the enforcement of judicial
12 support orders, except contempt.
13 Section 4. Present paragraph (e) of subsection (2) of
14 section 382.013, Florida Statutes, is redesignated as
15 paragraph (f), and a new paragraph (e) is added to that
16 section to read:
17 382.013 Birth registration.--A certificate for each
18 live birth that occurs in this state shall be filed within 5
19 days after such birth with the local registrar of the district
20 in which the birth occurred and shall be registered by the
21 local registrar if the certificate has been completed and
22 filed in accordance with this chapter and adopted rules. The
23 information regarding registered births shall be used for
24 comparison with information in the state case registry, as
25 defined in chapter 61.
26 (2) PATERNITY.--
27 (e) If the paternity of the child is determined
28 pursuant to s. 409.256, the name of the father and the surname
29 of the child shall be entered on the certificate in accordance
30 with the finding and order of the Department of Revenue.
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1 Section 5. Subsection (3) of section 409.2557, Florida
2 Statutes, is amended to read:
3 409.2557 State agency for administering child support
4 enforcement program.--
5 (3) SPECIFIC RULEMAKING AUTHORITY.--The department has
6 the authority to adopt rules pursuant to ss. 120.536(1) and
7 120.54 to implement all laws administered by the department in
8 its capacity as the Title IV-D agency for this state
9 including, but not limited to, the following:
10 (a) Background screening of department employees and
11 applicants, including criminal records checks;
12 (b) Confidentiality and retention of department
13 records; access to records; record requests;
14 (c) Department trust funds;
15 (d) Federal funding procedures;
16 (e) Agreements with law enforcement and other state
17 agencies; National Crime Information Center (NCIC) access;
18 Parent Locator Service access;
19 (f) Written agreements entered into between the
20 department and support obligors in establishment, enforcement,
21 and modification proceedings;
22 (g) Procurement of services by the department, pilot
23 programs, and demonstration projects;
24 (h) Management of cases by the department involving
25 any documentation or procedures required by federal or state
26 law, including but not limited to, cooperation; review and
27 adjustment; audits; interstate actions; diligent efforts for
28 service of process;
29 (i) Department procedures for orders for genetic
30 testing; subpoenas to establish, enforce, or modify orders;
31 increasing the amount of monthly obligations to secure
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1 delinquent support; suspending or denying driver's and
2 professional licenses and certificates; fishing and hunting
3 license suspensions; suspending vehicle and vessel
4 registrations; screening applicants for new or renewal
5 licenses, registrations, or certificates; income deduction;
6 credit reporting and accessing; tax refund intercepts;
7 passport denials; liens; financial institution data matches;
8 expedited procedures; medical support; and all other
9 responsibilities of the department as required by state or
10 federal law;
11 (j) Collection and disbursement of support and alimony
12 payments by the department as required by federal law;
13 collection of genetic testing costs and other costs awarded by
14 the court;
15 (k) Report information to and receive information from
16 other agencies and entities;
17 (l) Provide location services, including accessing
18 from and reporting to federal and state agencies;
19 (m) Privatizing location, establishment, enforcement,
20 modification, and other functions;
21 (n) State case registry;
22 (o) State disbursement unit; and
23 (p) Administrative proceedings to establish paternity
24 or establish paternity and child support, orders to appear for
25 genetic testing, and administrative proceedings to establish
26 child-support obligations; and
27 (q)(p) All other responsibilities of the department as
28 required by state or federal law.
29 Section 6. Section 409.256, Florida Statutes, is
30 created to read:
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1 409.256 Administrative proceeding to establish
2 paternity or paternity and child support; order to appear for
3 genetic testing.--
4 (1) DEFINITIONS.--As used in this section, the term:
5 (a) "Custodian" means a person, other than the mother
6 or a putative father, who has physical custody of a child, or
7 with whom the child primarily resides. References in this
8 section to the obligation of a custodian to submit to genetic
9 testing mean that the custodian is obligated to submit the
10 child for genetic testing, not that the custodian must submit
11 to genetic testing.
12 (b) "Filed" means a document has been received and
13 accepted for filing at the offices of the department by the
14 clerk or an authorized deputy clerk designated by the
15 department.
16 (c) "Genetic testing" means a scientific analysis of
17 genetic markers which is performed by a qualified technical
18 laboratory only to exclude an individual as the parent of a
19 child or to show a probability of paternity.
20 (d) "Paternity proceeding" means an administrative
21 action commenced by the department to order genetic testing
22 and establish paternity pursuant to this section.
23 (e) "Paternity and child-support proceeding" means an
24 administrative action commenced by the department to order
25 genetic testing, to establish paternity, and to establish an
26 administrative support order pursuant to this section.
27 (f) "Putative father" means an individual who is or
28 may be the biological father of a child whose paternity has
29 not been established and whose mother was unmarried when the
30 child was conceived and born.
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1 (g) "Qualified technical laboratory" means a
2 genetic-testing laboratory that may be under contract with the
3 department, that uses tests and methods of a type generally
4 acknowledged as reliable by accreditation bodies designated by
5 the United States Department of Health and Human Services, and
6 that is approved by such an accreditation body. The term also
7 includes a genetic-testing laboratory used by another state,
8 if the laboratory has comparable qualifications.
9 (h) "Rendered" means that a signed written order is
10 filed with the clerk or a deputy clerk of the department. The
11 date of filing must be indicated on the face of the order at
12 the time of rendition.
13 (i) "Respondent" means the person or persons served by
14 the department with a notice of proceeding pursuant to
15 subsection (4), which includes the putative father and which
16 may include the mother or the custodian of the child.
17 (j) "State" or "other state" has the meaning ascribed
18 in s. 88.1011(19).
19 (2) JURISDICTION; LOCATION OF HEARINGS; RIGHT OF
20 ACCESS TO THE COURTS.--
21 (a) The department may commence a paternity proceeding
22 or a paternity and child-support proceeding as provided by
23 subsection (4) if:
24 1. The child's paternity has not been established;
25 2. The child's mother was unmarried when the child was
26 conceived and born;
27 3. The department is providing services under Title
28 IV-D; and
29 4. The child's mother or a putative father has stated
30 in an affidavit or written declaration as provided by s.
31 92.525(2) that the putative father is or may be the child's
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1 biological father. The affidavit or written declaration must
2 set forth the factual basis for the allegation of paternity as
3 provided by s. 742.12(2).
4 (b) If the department receives a request from another
5 state to assist in the establishment of paternity, the
6 department may serve an order to appear for genetic testing on
7 a person who resides in Florida and transmit the test results
8 to the other state without commencing a paternity proceeding
9 in this state.
10 (c) The department may use the procedures authorized
11 by this section against a nonresident over whom this state may
12 assert personal jurisdiction under chapter 48 or chapter 88.
13 (d) If a putative father, mother, or custodian in a
14 Title IV-D case voluntarily submits, the department may
15 schedule that individual or the child for genetic testing
16 without serving that individual with an order to appear for
17 genetic testing. A respondent, or other person who is subject
18 to an order to appear for genetic testing, may waive formal
19 service of notices or orders, or waive any other rights or
20 time periods prescribed by this section.
21 (e) Whenever practicable, hearings held by the
22 Division of Administrative Hearings pursuant to this section
23 shall be held in the judicial circuit where the person
24 receiving services under Title IV-D resides or, if the person
25 receiving services under Title IV-D does not reside in this
26 state, in the judicial circuit where the respondent resides.
27 If the department and the respondent agree, the hearing may be
28 held in another location.
29 (f) The Legislature does not intend to limit the
30 jurisdiction of the circuit courts to hear and determine
31 issues regarding establishment of paternity. This section is
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1 intended to provide the department with an alternative
2 procedure for establishing paternity and child-support
3 obligations in Title IV-D cases. This section does not
4 prohibit a person who has standing from filing a civil action
5 in circuit court for a determination of paternity or of
6 child-support obligations.
7 (3) MULTIPLE PUTATIVE FATHERS; MULTIPLE CHILDREN.--If
8 more than one putative father has been named, the department
9 may proceed under this section against a single putative
10 father or may proceed simultaneously against more than one
11 putative father. If a putative father has been named as a
12 possible father of more than one child born to the same
13 mother, the department may proceed to establish the paternity
14 of each child in the same proceeding.
15 (4) NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR
16 PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC
17 TESTING; MANNER OF SERVICE; CONTENTS.--The department shall
18 commence a proceeding to determine paternity, or a proceeding
19 to determine both paternity and child-support, by serving the
20 respondent with a notice as provided by this section. An order
21 to appear for genetic testing may be served at the same time
22 as a notice of the proceeding or may be served separately. A
23 copy of the affidavit or written declaration upon which the
24 proceeding is based shall be provided to the respondent when
25 notice is served. A notice or order to appear for genetic
26 testing shall be served by certified mail, restricted
27 delivery, return receipt requested, or in accordance with the
28 requirements for service of process in a civil action. Service
29 by certified mail is completed when the certified mail is
30 received or refused. For purposes of this section, an employee
31 or an authorized agent of the department may serve the notice
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1 or order to appear for genetic testing and execute an
2 affidavit of service. The department may serve an order to
3 appear for genetic testing on a custodian. The department
4 shall provide a copy of the notice or order to appear by
5 regular mail to the mother and custodian, if they are not
6 respondents.
7 (a) A notice of proceeding to establish paternity must
8 state:
9 1. That the department has commenced an administrative
10 proceeding to establish whether the putative father is the
11 biological father of the child named in the notice;
12 2. The name and date of birth of the child and the
13 name of the child's mother;
14 3. That the putative father has been named in an
15 affidavit or written declaration that states the putative
16 father is or may be the child's biological father;
17 4. That the respondent is required to submit to
18 genetic testing;
19 5. That genetic testing will establish either a high
20 degree of probability that the putative father is the
21 biological father of the child or that the putative father
22 cannot be the biological father of the child;
23 6. That if the results of the genetic test do not
24 indicate a statistical probability of paternity which equals
25 or exceeds 99 percent, the paternity proceeding ends as to
26 that child unless a second or subsequent test is required;
27 7. That if the results of the genetic test indicate a
28 statistical probability of paternity which equals or exceeds
29 99 percent, the department may:
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1 a. Issue a proposed order of paternity which the
2 respondent may consent to or contest at an administrative
3 hearing; or
4 b. Commence a proceeding, as provided by s. 409.2563,
5 to establish an administrative support order for the child, in
6 which notice of that proceeding will be provided to the
7 respondent by regular mail;
8 8. That, if the genetic test results indicate a
9 statistical probability of paternity which equals or exceeds
10 99 percent and a proceeding to establish an administrative
11 support order is commenced, the department will issue a
12 proposed order that addresses paternity and child support
13 which the respondent may consent to or contest at an
14 administrative hearing;
15 9. That if a proposed order of paternity or proposed
16 order of both paternity and child support is not contested,
17 the department will adopt the proposed order and render a
18 final order that establishes paternity and, if appropriate, an
19 administrative support order for the child;
20 10. That, until the proceeding is ended, the
21 respondent shall notify the department in writing of any
22 change in the respondent's mailing address and that the
23 respondent will be deemed to have received any subsequent
24 order, notice, or other paper mailed to the most recent
25 address provided or, if a more recent address is not provided,
26 to the address at which the respondent was served, and that
27 this requirement continues if the department renders a final
28 order that establishes paternity and a support order for the
29 child;
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1 11. That the respondent may file an action in circuit
2 court for a determination of paternity, child-support
3 obligations, or both; and
4 12. That if the respondent files an action in circuit
5 court and serves the department with a copy of the petition or
6 complaint within 20 days after being served notice under this
7 subsection, the administrative process ends without prejudice
8 and the action must proceed in circuit court.
9 (b) A notice of proceeding to establish paternity and
10 child support must state the matters required by paragraph
11 (a), except for subparagraph (a)7., and must state the matters
12 required by s. 409.2563(4), to the extent that the matters
13 required by s. 409.2563(4) are not already required by and do
14 not conflict with this subsection. This section and s.
15 409.2563 apply to a proceeding commenced under this paragraph.
16 (c) The order to appear for genetic testing must
17 inform the person ordered to appear:
18 1. That the department has commenced an administrative
19 proceeding to establish whether the putative father is the
20 biological father of the child;
21 2. The name and date of birth of the child and the
22 name of the child's mother;
23 3. That the putative father has been named in an
24 affidavit or written declaration that states the putative
25 father is or may be the child's biological father;
26 4. The date, time, and place that the person ordered
27 to appear must appear to provide a sample for genetic testing;
28 5. That if the person has custody of the child whose
29 paternity is the subject of the proceeding, the person must
30 submit the child to genetic testing;
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1 6. That when the samples are provided, the person
2 ordered to appear must verify his or her identity and the
3 identity of the child, if applicable, by presenting a form of
4 identification as prescribed by s. 117.05(5)(b)2., which bears
5 the photograph of the person who is providing the sample, or
6 other form of verification approved by the department;
7 7. That if the person ordered to appear submits to
8 genetic testing, the department will pay the cost of the
9 genetic testing and will provide the person ordered to appear
10 with a copy of any test results obtained;
11 8. That if the person ordered to appear does not
12 appear as ordered or refuses to submit to genetic testing
13 without good cause, the department may take one or more of
14 these actions:
15 a. Commence proceedings to suspend the driver's
16 license and motor vehicle registration of the person ordered
17 to appear, as provided by s. 61.13016;
18 b. Impose an administrative fine against the person
19 ordered to appear in the amount of $500; or
20 c. File a petition in circuit court to establish
21 paternity and obtain a support order for the child and an
22 order for costs against the person ordered to appear,
23 including costs for genetic testing; and
24 9. That the person ordered to appear may contest the
25 order by filing a written request for informal review within
26 15 days after the date of service of the order, with further
27 rights to an administrative hearing following the informal
28 review.
29 (5) RIGHT TO CONTEST ORDER TO APPEAR FOR GENETIC
30 TESTING.--
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1 (a) The person ordered to appear may contest an order
2 to appear for genetic testing by filing a written request for
3 informal review with the department within 15 days after the
4 date of service of the order. The purpose of the informal
5 review is to provide the person ordered to appear with an
6 opportunity to discuss the proceedings and the basis of the
7 order. At the conclusion of the informal review, the
8 department shall notify the person ordered to appear, in
9 writing, whether it will proceed with the order to appear. If
10 the department notifies the person ordered to appear of its
11 intent to proceed, the notice must inform the person ordered
12 to appear of the right to contest the order at an
13 administrative hearing.
14 (b) Within 15 days after the mailing date of the
15 department's notification, following an informal review, that
16 the department will proceed with an order to appear for
17 genetic testing, the person ordered to appear may file a
18 request for an administrative hearing to contest whether the
19 person should be required to submit to genetic testing. A
20 request for an administrative hearing must state the specific
21 reasons why the person ordered to appear believes he or she
22 should not be required to submit to genetic testing as
23 ordered. If the person ordered to appear files a timely
24 request for a hearing, the department shall refer the hearing
25 request to the Division of Administrative Hearings. Unless
26 otherwise provided by this section, administrative hearings
27 are governed by ch. 120 and the Uniform Rules of Procedure.
28 The administrative law judge assigned to the case shall issue
29 an order as to whether the person must submit to genetic
30 testing in accordance with the order to appear. The department
31 and the person ordered to appear may seek immediate judicial
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1 review under s. 120.68 of an order issued by an administrative
2 law judge pursuant to this paragraph.
3 (c) If a timely request for an informal review or an
4 administrative hearing is filed, the department may not
5 proceed under the order to appear for genetic testing and may
6 not impose sanctions for failure or refusal to submit to
7 genetic testing until:
8 1. The department has notified the person of its
9 intent to proceed after informal review, and a timely request
10 for hearing is not filed;
11 2. The person ordered to appear withdraws the request
12 for hearing or informal review; or
13 3. The Division of Administrative Hearings issues an
14 order that the person must submit to genetic testing, or
15 issues an order closing the division's file, and that order
16 has become final.
17 (d) If a request for an informal review or
18 administrative hearing is not timely filed, the person ordered
19 to appear is deemed to have waived the right to a hearing and
20 the department may proceed under the order to appear for
21 genetic testing.
22 (6) SCHEDULING OF GENETIC TESTING.--
23 (a) The department shall notify the person ordered to
24 appear in writing of the date, time, and place at which the
25 person is required to appear for genetic testing, and of the
26 requirement to verify his or her identity, and the identity of
27 the child, if applicable, when the samples are provided by
28 presenting a form of identification as prescribed by s.
29 117.05(5)(b)2., which bears the photograph of the person who
30 is providing the sample or other form of verification approved
31 by the department. If the person ordered to appear is the
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1 putative father or the mother, that person shall appear and
2 submit to genetic testing. If the person ordered to appear is
3 a custodian, or if the putative father or the mother has
4 custody of the child, that person must submit the child for
5 genetic testing.
6 (b) The department shall reschedule a genetic testing:
7 1. One time without cause if, in advance of the
8 initial test date, the person ordered to appear requests the
9 department to reschedule the test;
10 2. One time if the person ordered to appear shows good
11 cause for failure to appear for a scheduled test; and
12 3. One time upon request of a person ordered to appear
13 against whom sanctions have been imposed as provided by
14 subsection (7).
15
16 A claim of good cause for failure to appear must be filed with
17 the department within 10 days after the scheduled test date
18 and must state the facts and circumstances supporting the
19 claim. The department shall notify the person ordered to
20 appear, in writing, whether it accepts or rejects the person's
21 claim of good cause. There is not a separate right to a
22 hearing on the department's decision to accept or reject the
23 claim of good cause because the person ordered to appear may
24 raise good cause as a defense to any proceeding initiated by
25 the department under subsection (7).
26 (c) A person ordered to appear may obtain a second
27 genetic test by filing a written request for a second test
28 with the department within 15 days after the date of mailing
29 of the initial genetic testing results and by paying the
30 department in advance for the full cost of the second test.
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1 (d) The department may schedule and require a
2 subsequent genetic test if it has reason to believe the
3 results of the preceding genetic test may not be reliable.
4 (e) Except as provided by paragraph (c) and subsection
5 (7), the department shall pay for the cost of genetic testing
6 ordered under this section.
7 (7) FAILURE OR REFUSAL TO SUBMIT TO GENETIC
8 TESTING.--If a person who is served with an order to appear
9 for genetic testing fails to appear without good cause, or
10 refuses to submit to testing without good cause, the
11 department may take one or more of the following actions:
12 (a) Commence proceedings to suspend the driver's
13 license and motor vehicle registration of the person ordered
14 to appear, as provided by s. 61.13016;
15 (b) Impose an administrative fine against the person
16 ordered to appear in the amount of $500; or
17 (c) File a petition in circuit court to establish
18 paternity, obtain a support order for the child, and seek
19 reimbursement from the person ordered to appear for the full
20 cost of genetic testing incurred by the department.
21
22 As provided by s. 322.058(2), a suspended driver's license and
23 motor vehicle registration may be reinstated when the person
24 ordered to appear complies with the order to appear for
25 genetic testing. The department may collect an administrative
26 fine imposed under this subsection by using civil remedies or
27 other statutory means available to the department for
28 collecting support.
29 (8) GENETIC-TESTING RESULTS.--The department shall
30 send a copy of the genetic-testing results to the putative
31 father, to the mother, to the custodian, and to the other
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1 state, if applicable. If the genetic-testing results,
2 including second or subsequent genetic-testing results, do not
3 indicate a statistical probability of paternity which equals
4 or exceeds 99 percent, the paternity proceeding ends as to
5 that child.
6 (9) PROPOSED ORDER OF PATERNITY; COMMENCEMENT OF
7 PROCEEDING TO ESTABLISH ADMINISTRATIVE SUPPORT ORDER; PROPOSED
8 ORDER OF PATERNITY AND CHILD SUPPORT.--
9 (a) If a paternity proceeding has been commenced under
10 this section and the results of genetic testing indicate a
11 statistical probability of paternity which equals or exceeds
12 99 percent, the department may:
13 1. Issue a proposed order of paternity as provided by
14 paragraph (b); or
15 2. If appropriate, delay issuing a proposed order of
16 paternity, commence, by regular mail, an administrative
17 proceeding to establish a support order for the child pursuant
18 to s. 409.2563, and issue a single proposed order that
19 addresses paternity and child support.
20 (b) A proposed order of paternity must:
21 1. State proposed findings of fact and conclusions of
22 law;
23 2. Include a copy of the results of genetic testing;
24 and
25 3. Include notice of the respondent's right to
26 informal review and to contest the proposed order of paternity
27 at an administrative hearing.
28 (c) If a paternity and child support proceeding has
29 been commenced under this section and the results of genetic
30 testing indicate a statistical probability of paternity which
31 equals or exceeds 99 percent, the department may issue a
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1 single proposed order that addresses paternity and child
2 support.
3 (d) The department shall serve a proposed order issued
4 under this section on the respondent by regular mail and shall
5 provide a copy by regular mail to the mother or custodian, if
6 they are not respondents.
7 (10) INFORMAL REVIEW; ADMINISTRATIVE HEARING;
8 PRESUMPTION OF PATERNITY.--
9 (a) Within 10 days after the date of mailing or other
10 service of a proposed order, the respondent may contact a
11 department representative at the address or telephone number
12 provided to request an informal review of the proposed order.
13 If an informal review is timely requested, the time for
14 requesting a hearing is extended until 10 days after the
15 department mails notice to the respondent that the informal
16 review has been concluded.
17 (b) Within 20 days after the mailing date of the
18 proposed order, or within 10 days after the mailing date of
19 notice that an informal review has been concluded, whichever
20 is later, the respondent may request an administrative hearing
21 by filing a written request for a hearing with the department.
22 A request for a hearing must state the specific objections to
23 the proposed order, the specific objections to the genetic
24 testing results, or both. A respondent who fails to file a
25 timely request for a hearing is deemed to have waived the
26 right to a hearing.
27 (c) If the respondent files a timely request for a
28 hearing, the department shall refer the hearing request to the
29 Division of Administrative Hearings. Unless otherwise provided
30 by this section or by s. 409.2563, chapter 120 and the Uniform
31 Rules of Procedure govern the conduct of the proceedings. A
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1 designated employee or other representative of the department,
2 who need not be an attorney, may represent the department as a
3 qualified representative at the hearing.
4 (d) The genetic-testing results shall be admitted into
5 evidence and made a part of the hearing record. For purposes
6 of this section, a statistical probability of paternity which
7 equals or exceeds 99 percent creates a presumption, as defined
8 by s. 90.304, that the putative father is the biological
9 father of the child. The presumption may be overcome only by
10 clear and convincing evidence. The respondent or the
11 department may call an expert witness to refute or support the
12 testing procedure or results, or the mathematical theory on
13 which they are based. Verified documentation of the chain of
14 custody of the samples tested is competent evidence to
15 establish the chain of custody.
16 (11) FINAL ORDER ESTABLISHING PATERNITY OR PATERNITY
17 AND CHILD SUPPORT; CONSENT ORDER; NOTICE TO OFFICE OF VITAL
18 STATISTICS.--
19 (a) If a hearing is held, notwithstanding ss. 120.569
20 and 120.57, the administrative law judge of the Division of
21 Administrative Hearings shall issue a final order that
22 adjudicates paternity or, if appropriate, paternity and child
23 support. A final order of the administrative law judge
24 constitutes final agency action by the department. The
25 Division of Administrative Hearings shall transmit any such
26 order to the department for filing and rendering.
27 (b) If the respondent does not file a timely request
28 for a hearing or consents in writing to entry of a final order
29 without a hearing, the department may render a final order of
30 paternity or a final order of paternity and child support, as
31 appropriate.
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1 (c) The department shall mail a copy of the final
2 order to the putative father, the mother, and the custodian,
3 if any. The department shall notify the respondent of the
4 right to seek judicial review of a final order in accordance
5 with s. 120.68.
6 (d) Upon rendering a final order of paternity or a
7 final order of paternity and child support, the department
8 shall notify the Office of Vital Statistics that the paternity
9 of the child has been established.
10 (e) A final order rendered pursuant to this section
11 has the same binding effect as a judgment entered by the court
12 pursuant to chapter 742.
13 (f) The provisions of s. 409.2563 that apply to a
14 final administrative support order rendered under that section
15 apply to a final order rendered under this section when a
16 child-support obligation is established.
17 (g) The department, or the administrative law judge if
18 appropriate, may issue a corrected final order to correct
19 typographical or clerical errors contained in the original
20 final order.
21 (12) RIGHT TO JUDICIAL REVIEW.--A respondent has the
22 right to seek judicial review, in accordance with s. 120.68,
23 of a final order rendered under subsection (11) and an order
24 issued under paragraph (5)(b). The department has the right to
25 seek judicial review, in accordance with s. 120.68, of a final
26 order issued by an administrative law judge under subsection
27 (11) and an order issued by an administrative law judge under
28 paragraph (5)(b).
29 (13) DUTY TO PROVIDE AND MAINTAIN CURRENT MAILING
30 ADDRESS.--Until a proceeding that has been commenced under
31 this section has ended, a respondent who is served with a
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1 notice of proceeding must inform the department in writing of
2 any change in the respondent's mailing address and is deemed
3 to have received any subsequent order, notice, or other paper
4 mailed to that address, or the address at which the respondent
5 was served, if the respondent has not provided a more recent
6 address.
7 (14) PROCEEDINGS IN CIRCUIT COURT.--The results of
8 genetic testing performed pursuant to this section are
9 admissible as evidence to the same extent as scientific
10 testing ordered by the court pursuant to chapter 742.
11 (15) GENDER NEUTRAL.--This section shall be construed
12 impartially, regardless of a person's gender, and applies with
13 equal force to the mother of a child whose paternity has not
14 been established and is not presumed by law.
15 (16) REMEDIES SUPPLEMENTAL.--The remedies provided by
16 this section are supplemental and in addition to other
17 remedies available to the department for the establishment of
18 paternity and child-support obligations.
19 (17) RULEMAKING AUTHORITY.--The department may adopt
20 rules necessary to administer this section.
21 Section 7. Section 409.2563, Florida Statutes, is
22 amended to read:
23 409.2563 Pilot program for Administrative
24 establishment of child support obligations.--
25 (1) DEFINITIONS.--As used in this section, the term:
26 (a) "Administrative support order" means a final order
27 rendered by or on behalf of the department pursuant to this
28 section establishing or modifying the obligation of a
29 noncustodial parent to contribute to the support and
30 maintenance of his or her child or children, which may include
31
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1 provisions for monetary support, retroactive support, health
2 care, and other elements of support pursuant to chapter 61.
3 (b) "Caretaker relative" has the same meaning ascribed
4 in s. 414.0252(11).
5 (c) "Filed" means a document has been received and
6 accepted for filing at the offices of the department by the
7 clerk or any authorized deputy clerk of the department. The
8 date of filing must be indicated on the face of the document
9 by the clerk or deputy clerk.
10 (d) "Financial affidavit" means an affidavit or
11 written declaration as provided by s. 92.525(2) which shows an
12 individual's income, allowable deductions, net income, and
13 other information needed to calculate the child support
14 guideline amount under s. 61.30
15 (e)(d) "Rendered" means that a signed written order is
16 filed with the clerk or any deputy clerk of the department.
17 The date of filing must be indicated on the face of the order
18 at the time of rendition.
19 (f)(e) "Title IV-D case" means a case or proceeding in
20 which the department is providing child support services
21 within the scope of Title IV-D of the Social Security Act, 42
22 U.S.C. ss. 651 et seq.
23 (g)(f) "Retroactive support" means a child support
24 obligation established pursuant to s. 61.30(17).
25
26 Other terms used in this section have the meanings ascribed in
27 ss. 61.046 and 409.2554.
28 (2) PURPOSE AND SCOPE.--
29 (a) It is not the Legislature's intent to limit the
30 jurisdiction of the circuit courts to hear and determine
31 issues regarding child support. This section is intended to
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1 provide the department with an alternative procedure for
2 establishing child support obligations in Title IV-D cases in
3 a fair and expeditious manner when there is no court order of
4 support. The procedures in this section and in s. 409.256 are
5 effective throughout the state and shall be implemented
6 statewide.
7 (b) The administrative procedure set forth in this
8 section concerns only the establishment of child support
9 obligations. This section does not grant jurisdiction to the
10 department or the Division of Administrative Hearings to hear
11 or determine issues of dissolution of marriage, separation,
12 alimony or spousal support, termination of parental rights,
13 dependency, disputed paternity, award of or change of custody,
14 or visitation. This paragraph notwithstanding, the department
15 and the Division of Administrative Hearings may make findings
16 of fact that which are necessary for a proper determination of
17 a noncustodial parent's support obligation as authorized by
18 this section and may determine paternity as provided by s.
19 409.256.
20 (c) If there is no support order for a child in a
21 Title IV-D case whose paternity has been established or is
22 presumed by law, or whose paternity is the subject of a
23 proceeding under s. 409.256, the department may establish the
24 a noncustodial parent's child support obligation pursuant to
25 this section, s. 61.30, and other relevant provisions of state
26 law. The noncustodial parent's obligation determined by the
27 department may include any obligation to pay retroactive
28 support and any obligation to provide for health care for a
29 child, whether through insurance coverage, reimbursement of
30 expenses, or both. The department may proceed on behalf of:
31
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1 1. An applicant or recipient of public assistance, as
2 provided by ss. 409.2561 and 409.2567;
3 2. A former recipient of public assistance, as
4 provided by s. 409.2569;
5 3. An individual who has applied for services as
6 provided by s. 409.2567;
7 4. Itself or the child, as provided by s. 409.2561; or
8 5. A state or local government of another state, as
9 provided by chapter 88.
10 (d) Either parent, or a caretaker relative if
11 applicable, may at any time file a civil action in a circuit
12 court having jurisdiction and proper venue to determine the
13 noncustodial parent's child support obligations, if any. A
14 support order issued by a circuit court prospectively
15 supersedes an administrative support order rendered by the
16 department.
17 (3) JURISDICTION OVER NONRESIDENTS.--The department
18 may use the procedures authorized by this section to establish
19 a child support obligation against a nonresident over whom the
20 state may assert personal jurisdiction under chapter 48 or
21 chapter 88.
22 (4) NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
23 SUPPORT ORDER.--To commence a proceeding under this section,
24 the department shall provide to the custodial parent and serve
25 the noncustodial parent with a notice of proceeding to
26 establish administrative support order and a blank financial
27 affidavit form. The notice must state:
28 (a) The names of both parents, the name of the
29 caretaker relative, if any, and the name and date of birth of
30 the child or children;
31
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1 (b) That the department intends to establish an
2 administrative support order as defined in this section;
3 (c) That both parents must submit a completed
4 financial affidavit to the department within 20 days after
5 receiving the notice, as provided by paragraph (13)(a);
6 (d) That both parents, or parent and caretaker
7 relative if applicable, are required to furnish to the
8 department information regarding their identities and
9 locations, as provided by paragraph (13)(b);
10 (e) That both parents, or parent and caretaker
11 relative if applicable, are required to promptly notify the
12 department of any change in their mailing addresses to ensure
13 receipt of all subsequent pleadings, notices, and orders, as
14 provided by paragraph (13)(c);
15 (f) That the department will calculate support
16 obligations based on the child support guidelines in s. 61.30
17 and using all available information, as provided by paragraph
18 (5)(a), and will incorporate such obligations into a proposed
19 administrative support order;
20 (g) That the department will send by regular mail to
21 both parents, or parent and caretaker relative if applicable,
22 a copy of the proposed administrative support order, the
23 department's child support worksheet, and any financial
24 affidavits submitted by a parent or prepared by the
25 department;
26 (h) That the noncustodial parent may file a request
27 for a hearing in writing within 20 days after the date of
28 mailing or other service of the proposed administrative
29 support order or will be deemed to have waived the right to
30 request a hearing;
31
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1 (i) That if the noncustodial parent does not file a
2 timely request for hearing after service of the proposed
3 administrative support order, the department will issue an
4 administrative support order that incorporates the findings of
5 the proposed administrative support order, and will send by
6 regular mail a copy of the administrative support order to
7 both parents, or parent and caretaker relative if applicable;
8 (j) That after an administrative support order is
9 rendered, the department will file a copy of the order with
10 the clerk of the circuit court;
11 (k) That after an administrative support order is
12 rendered, the department may enforce the administrative
13 support order by any lawful means; and
14 (l) That either parent, or caretaker relative if
15 applicable, may file at any time a civil action in a circuit
16 court having jurisdiction and proper venue to determine the
17 noncustodial parent's child support obligations, if any, and
18 that a support order issued by a circuit court supersedes an
19 administrative support order rendered by the department;.
20 (m) That the respondent may file an action in circuit
21 court for a determination of paternity, child-support
22 obligations, or both; and
23 (n) That if the respondent files an action in circuit
24 court and serves the department with a copy of the petition or
25 complaint within 20 days after being served notice under this
26 subsection, the administrative process ends without prejudice
27 and the action must proceed in circuit court.
28
29 The department may serve the notice of proceeding to establish
30 administrative support order by certified mail, restricted
31 delivery, return receipt requested. Alternatively, the
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1 department may serve the notice by any means permitted for
2 service of process in a civil action. For purposes of this
3 section, an authorized employee of the department may serve
4 the notice and execute an affidavit of service. Service by
5 certified mail is completed when the certified mail is
6 received or refused. The department shall provide the
7 custodial parent or caretaker relative with a copy of the
8 notice by regular mail to the last known address of the
9 custodial parent or caretaker.
10 (5) PROPOSED ADMINISTRATIVE SUPPORT ORDER.--
11 (a) After serving notice upon the noncustodial parent
12 in accordance with subsection (4), the department shall
13 calculate the noncustodial parent's child support obligation
14 under the child support guidelines as provided by s. 61.30,
15 based on any timely financial affidavits received and other
16 information available to the department. If either parent
17 fails to comply with the requirement to furnish a financial
18 affidavit, the department may proceed on the basis of
19 information available from any source, if such information is
20 sufficiently reliable and detailed to allow calculation of
21 guideline amounts under s. 61.30. If the custodial parent
22 receives public assistance and fails to submit a financial
23 affidavit, the department may submit a financial affidavit for
24 the custodial parent pursuant to s. 61.30(15). If there is a
25 lack of sufficient reliable information concerning a parent's
26 actual earnings for a current or past period, it shall be
27 presumed for the purpose of establishing a support obligation
28 that the parent had an earning capacity equal to the federal
29 minimum wage during the applicable period.
30 (b) The department shall send by regular mail to both
31 parents, or to a parent and caretaker relative if applicable,
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1 copies of the proposed administrative support order, its
2 completed child support worksheet, and any financial
3 affidavits submitted by a parent or prepared by the
4 department. The proposed administrative support order must
5 contain the same elements as required for an administrative
6 support order under paragraph (7)(e).
7 (c) The department shall provide a notice of rights
8 with the proposed administrative support order, which notice
9 must inform the noncustodial parent that:
10 1. The noncustodial parent may, within 20 days after
11 the date of mailing or other service of the proposed
12 administrative support order, request a hearing by filing a
13 written request for hearing in a form and manner specified by
14 the department;
15 2. If the noncustodial parent files a timely request
16 for a hearing, the case shall be transferred to the Division
17 of Administrative Hearings, which shall conduct further
18 proceedings and may enter an administrative support order;
19 3. A noncustodial parent who fails to file a timely
20 request for a hearing shall be deemed to have waived the right
21 to a hearing, and the department may render an administrative
22 support order pursuant to paragraph (7)(b);
23 4. The noncustodial parent may consent in writing to
24 entry of an administrative support order without a hearing;
25 5. The noncustodial parent may, within 10 days after
26 the date of mailing or other service of the proposed
27 administrative support order, contact a department
28 representative, at the address or telephone number specified
29 in the notice, to informally discuss the proposed
30 administrative support order and, if informal discussions are
31 requested timely and held within a reasonable time, the time
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1 for requesting a hearing will be extended until 10 days after
2 the department notifies the noncustodial parent that the
3 informal discussions have been concluded; and
4 6. If an administrative support order that establishes
5 a noncustodial parent's support obligation is rendered,
6 whether after a hearing or without a hearing, the department
7 may enforce the administrative support order by any lawful
8 means.
9 (d) If, after serving the proposed administrative
10 support order but before a final administrative support order
11 is rendered, the department receives additional information
12 that makes it necessary to amend the proposed administrative
13 support order, it shall prepare an amended proposed
14 administrative support order, with accompanying amended child
15 support worksheets and other material necessary to explain the
16 changes, and follow the same procedures set forth in
17 paragraphs (b) and (c).
18 (6) HEARING.--If the noncustodial parent files a
19 timely request for hearing, the department shall refer the
20 hearing request to the Division of Administrative Hearings.
21 Unless otherwise provided by this section, chapter 120 and the
22 division's Uniform Rules of Procedure shall govern the conduct
23 of the proceedings. The administrative law judge shall
24 consider all available and admissible information and any
25 presumptions that apply as provided by paragraph (5)(a). A
26 designated employee or other representative of the department,
27 who need not be an attorney, may represent the department as a
28 qualified representative at the hearing.
29 (7) ADMINISTRATIVE SUPPORT ORDER.--
30 (a) If a hearing is held, notwithstanding ss. 120.569
31 and 120.57, the administrative law judge of the Division of
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1 Administrative Hearings shall issue an administrative support
2 order, or a final order denying an administrative support
3 order, which constitutes final agency action by the
4 department. The Division of Administrative Hearings shall
5 transmit any such order to the department for filing and
6 rendering indexing.
7 (b) If the noncustodial parent does not file a timely
8 request for a hearing, the noncustodial parent will be deemed
9 to have waived the right to request a hearing.
10 (c) If the noncustodial parent waives the right to a
11 hearing, or consents in writing to the entry of an order
12 without a hearing, the department may render an administrative
13 support order.
14 (d) The department shall send by regular mail a copy
15 of the administrative support order, or the final order
16 denying an administrative support order, to both parents, or a
17 parent and caretaker relative if applicable. The noncustodial
18 parent shall be notified of the right to seek judicial review
19 of the administrative support order in accordance with s.
20 120.68.
21 (e) An administrative support order must comply with
22 s. 61.30. The department, after consultation with the Division
23 of Administrative Hearings and the chief judge of the circuit
24 in which the pilot program is located, shall develop a
25 standard form or forms for administrative support orders. An
26 administrative support order must provide and state findings,
27 if applicable, concerning:
28 1. The full name and date of birth of the child or
29 children;
30 2. The name of the noncustodial parent and the
31 custodial parent or caretaker relative;
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1 3. The noncustodial parent's duty and ability to
2 provide support;
3 4. The amount of the noncustodial parent's monthly
4 support obligation for each child;
5 5. Any obligation to pay retroactive support;
6 6. The noncustodial parent's obligation to provide for
7 the health care needs of each child, whether through insurance
8 coverage, contribution towards the cost of insurance coverage,
9 payment or reimbursement of health care expenses for the
10 child, or any combination thereof;
11 7. The beginning date of any required monthly payments
12 and health care coverage;
13 8. That all support payments ordered must be paid to
14 the Florida State Disbursement Unit as provided by s. 61.1824;
15 9. That the parents, or caretaker relative if
16 applicable, must file with the department when the
17 administrative support order is rendered, if they have not
18 already done so, and update as appropriate the information
19 required pursuant to paragraph (13)(b); and
20 10. That both parents, or parent and caretaker
21 relative if applicable, are required to promptly notify the
22 department of any change in their mailing addresses pursuant
23 to paragraph (13)(c); and.
24 11. That if the noncustodial parent receives
25 unemployment compensation benefits, the payor shall withhold,
26 and transmit to the department, 40 percent of the benefits for
27 payment of support, not to exceed the amount owed.
28
29 An income deduction order as provided by s. 61.1301 must be
30 incorporated into the administrative support order or, if not
31 incorporated into the administrative support order, the
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1 department or the Division of Administrative Hearings shall
2 render a separate income deduction order.
3 (8) FILING WITH THE CLERK OF THE CIRCUIT COURT;
4 OFFICIAL PAYMENT RECORD; JUDGMENT BY OPERATION OF LAW.--The
5 department shall file with the clerk of the circuit court a
6 certified copy of an administrative support order rendered
7 under this section. The depository operated pursuant to s.
8 61.181 for the county where the administrative support order
9 has been filed shall:
10 (a) Act as the official recordkeeper for payments
11 required under the administrative support order;
12 (b) Establish and maintain the necessary payment
13 accounts;
14 (c) Upon a delinquency, initiate the judgment by
15 operation of law procedure as provided by s. 61.14(6); and
16 (d) Perform all other duties required of a depository
17 with respect to a support order entered by a court of this
18 state.
19 (9) COLLECTION ACTION; ENFORCEMENT.--
20 (a) The department may implement an income deduction
21 notice immediately upon rendition of an income deduction
22 order, whether it is incorporated in the administrative
23 support order or rendered separately.
24 (b) The department may initiate other collection
25 action 15 days after the date an administrative support order
26 is rendered under this section.
27 (c) In a subsequent proceeding to enforce an
28 administrative support order, notice of the proceeding that is
29 sent by regular mail to the person's address of record
30 furnished to the department constitutes adequate notice of the
31 proceeding pursuant to paragraph (13)(c).
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1 (d) An administrative support order rendered under
2 this section, until modified by the department or superseded
3 by a court order, may be enforced:
4 1. In any manner permitted for enforcement of a
5 support order issued by a court of this state, except for
6 contempt; or
7 2. Pursuant to s. 120.69.
8 (10) JUDICIAL REVIEW, ENFORCEMENT, OR COURT ORDER
9 SUPERSEDING ADMINISTRATIVE SUPPORT ORDER.--
10 (a) A noncustodial parent has the right to seek
11 judicial review of an administrative support order or a final
12 order denying an administrative support order in accordance
13 with s. 120.68. The department has the right to seek judicial
14 review, in accordance with s. 120.68, of an administrative
15 support order or a final order denying an administrative
16 support order entered by an administrative law judge of the
17 Division of Administrative Hearings.
18 (b) An administrative support order rendered under
19 this section may be enforced by any circuit court in the same
20 manner as a support order issued by the court, except for
21 contempt. If the circuit court issues its own order based on
22 the administrative support order, the circuit court may
23 enforce its own order by contempt. Enforcement by the court,
24 without any change by the court in the support obligations
25 established in the administrative support order, does not
26 supersede the administrative support order or affect the
27 department's authority to modify the administrative support
28 order as provided by subsection (12).
29 (c) A circuit court of this state, where venue is
30 proper and the court has jurisdiction of the parties, may
31 enter an order prospectively changing the support obligations
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1 established in an administrative support order, in which case
2 the administrative support order is superseded and the court's
3 order shall govern future proceedings in the case. Any unpaid
4 support owed under the superseded administrative support order
5 may not be retroactively modified by the circuit court, except
6 as provided by s. 61.14(1)(a), and remains enforceable by the
7 department, by the obligee, or by the court. In all cases in
8 which an administrative support order is superseded, the court
9 shall determine the amount of any unpaid support owed under
10 the administrative support order and shall include the amount
11 as arrearage in its superseding order.
12 (11) EFFECTIVENESS OF ADMINISTRATIVE SUPPORT
13 ORDER.--An administrative support order rendered under this
14 section remains in effect until modified by the department,
15 vacated on appeal, or superseded by a subsequent court order.
16 If the department closes a Title IV-D case in which an
17 administrative support order has been rendered:
18 (a) The department shall take no further action to
19 enforce or modify the administrative support order;
20 (b) The administrative support order remains effective
21 until superseded by a subsequent court order; and
22 (c) The administrative support order may be enforced
23 by the obligee by any means provided by law.
24 (12) MODIFICATION OF ADMINISTRATIVE SUPPORT ORDER.--If
25 it has not been superseded by a subsequent court order, the
26 department may modify, suspend, or terminate an administrative
27 support order in a Title IV-D case prospectively, subject to
28 the requirements for modifications of judicial support orders
29 established in chapters 61 and 409, by following the same
30 procedures set forth in this section for establishing an
31 administrative support order, as applicable.
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1 (13) REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT
2 TO ADDRESS OF RECORD.--In all proceedings pursuant to this
3 section:
4 (a) The noncustodial parent and custodial parent must
5 execute and furnish to the department, no later than 20 days
6 after receipt of the notice of proceeding to establish
7 administrative support order, a financial affidavit in the
8 form prescribed by the department in the Florida Family Law
9 Rules of Procedure. An updated financial affidavit must be
10 executed and furnished to the department at the inception of
11 each proceeding to modify an administrative support order.
12 Caretaker relatives are not required to furnish financial
13 affidavits.
14 (b) The noncustodial parent, custodial parent, and
15 caretaker relative if applicable, shall disclose to the
16 department, no later than 20 days after receipt of the notice
17 of proceeding to establish administrative support order, and
18 update as appropriate, information regarding their identity
19 and location, including names they are known by; social
20 security numbers; residential and mailing addresses; telephone
21 numbers; driver's license numbers; and names, addresses, and
22 telephone numbers of employers. Pursuant to the federal
23 Personal Responsibility and Work Opportunity Reconciliation
24 Act of 1996, each person must provide his or her social
25 security number in accordance with this section. Disclosure of
26 social security numbers obtained through this requirement
27 shall be limited to the purpose of administration of the Title
28 IV-D program for child support enforcement.
29 (c) The noncustodial parent, custodial parent, and
30 caretaker relative, if applicable, have a continuing
31 obligation to promptly inform the department in writing of any
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1 change in their mailing addresses to ensure receipt of all
2 subsequent pleadings, notices, payments, statements, and
3 orders, and receipt is presumed if sent by regular mail to the
4 most recent address furnished by the person.
5 (14) JUDICIAL PLEADINGS AND MOTIONS.--A party to any
6 subsequent judicial proceeding concerning the support of the
7 same child or children shall affirmatively plead the existence
8 of, and furnish the court with a correct copy of, an
9 administrative support order rendered under this section, and
10 shall provide the department with a copy of the initial
11 pleading. The department may intervene as a matter of right in
12 any such judicial proceeding involving issues within the scope
13 of the Title IV-D case.
14 (15) PROVISIONS SUPPLEMENTAL TO EXISTING LAW.--This
15 section does not limit or negate the department's authority to
16 seek establishment of child support obligations under any
17 other applicable law.
18 (16) RULEMAKING AUTHORITY.--The department may adopt
19 rules to administer this section.
20 (17) EVALUATION PILOT PROGRAM.--For the purpose of
21 identifying measurable outcomes and evaluating the
22 administrative process created by this section, a study area,
23 the pilot program shall be established. The study area must be
24 located in a county selected by the Department of Revenue
25 having a population of fewer than 500,000, in which the Title
26 IV-D caseload did not exceed 20,000 cases, and the obligation
27 rate was approximately 65 percent at the end of the 1999-2000
28 fiscal year. The Department of Revenue shall develop
29 measurable outcomes that at a minimum consist of the
30 department's support order establishment performance measures
31 that are applicable to the administrative process this pilot
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1 program, a measure of the effectiveness of the administrative
2 process pilot program in establishing support orders as
3 compared to the judicial process, and a measure of the cost
4 efficiency of the administrative process pilot program as
5 compared to the judicial process. The Department of Revenue
6 and the Division of Administrative Hearings shall implement
7 the pilot program established by this section on July 1, 2001,
8 or as soon thereafter as practicable. The department shall use
9 the procedures of this section to establish support
10 obligations in Title IV-D cases on behalf of custodial parents
11 or caretaker relatives residing in the county selected for the
12 study area pilot program. By June 30, 2002, the Department of
13 Revenue shall submit a report on the implementation of the
14 administrative process in the study area pilot program to the
15 Governor and Cabinet, the President of the Senate, and the
16 Speaker of the House of Representatives. The Office of Program
17 Policy Analysis and Government Accountability shall conduct an
18 evaluation of the operation and impact of the administrative
19 process in the study area pilot program. In evaluating the
20 administrative process pilot program, achievement of the
21 measurable outcomes must be considered. The Office of Program
22 Policy Analysis and Government Accountability shall submit an
23 evaluation report on the administrative process in the study
24 area pilot program by June 30, 2003, which must include the
25 findings of the evaluation, the feasibility of a statewide
26 program, and any recommendations to improve the administrative
27 process established by this section, if any, for establishing
28 a statewide program. The pilot program expires June 30, 2004,
29 unless continued by action of the Legislature. The department
30 shall report to the Governor and Cabinet, the President of the
31 Senate, and the Speaker of the House of Representatives by
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1 June 30, 2004, on the implementation and results of the
2 procedures established by this section and s. 409.256.
3 Section 8. Subsection (1) of section 742.10, Florida
4 Statutes, is amended to read:
5 742.10 Establishment of paternity for children born
6 out of wedlock.--
7 (1) This chapter provides the primary jurisdiction and
8 procedures for the determination of paternity for children
9 born out of wedlock. When the establishment of paternity has
10 been raised and determined within an adjudicatory hearing
11 brought under the statutes governing inheritance, or
12 dependency under workers' compensation or similar compensation
13 programs, or when an affidavit acknowledging paternity or a
14 stipulation of paternity is executed by both parties and filed
15 with the clerk of the court, or when an affidavit or notarized
16 voluntary acknowledgment of paternity as provided for in s.
17 382.013 or s. 382.016 is executed by both parties, or when
18 paternity is adjudicated by the Department of Revenue as
19 provided by s. 409.256, such adjudication, affidavit, or
20 acknowledgment constitutes it shall constitute the
21 establishment of paternity for purposes of this chapter. If no
22 adjudicatory proceeding was held, a notarized voluntary
23 acknowledgment of paternity shall create a rebuttable
24 presumption, as defined by s. 90.304, of paternity and is
25 subject to the right of any signatory to rescind the
26 acknowledgment within 60 days after of the date the
27 acknowledgment was signed or the date of an administrative or
28 judicial proceeding relating to the child, including a
29 proceeding to establish a support order, in which the
30 signatory is a party, whichever is earlier. Both parents are
31 required to provide their social security numbers on any
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1 acknowledgment of paternity, consent affidavit, or stipulation
2 of paternity. Except for affidavits under seal pursuant to ss.
3 382.015 and 382.016, the Office of Vital Statistics shall
4 provide certified copies of affidavits to the Title IV-D
5 agency upon request.
6 Section 9. Paragraph (a) of subsection (2) of section
7 760.40, Florida Statutes, is amended to read:
8 760.40 Genetic testing; informed consent;
9 confidentiality.--
10 (2)(a) Except for purposes of criminal prosecution,
11 except for purposes of determining paternity as provided in s.
12 409.256 or s. 742.12(1), and except for purposes of acquiring
13 specimens from persons convicted of certain offenses or as
14 otherwise provided in s. 943.325, DNA analysis may be
15 performed only with the informed consent of the person to be
16 tested, and the results of such DNA analysis, whether held by
17 a public or private entity, are the exclusive property of the
18 person tested, are confidential, and may not be disclosed
19 without the consent of the person tested. Such information
20 held by a public entity is exempt from the provisions of s.
21 119.07(1) and s. 24(a), Art. I of the State Constitution.
22 Section 10. This act shall take effect upon becoming a
23 law.
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2 SENATE SUMMARY
3 Provides for a person's driver's license and motor
vehicle registration to be suspended for purposes of
4 enforcing compliance with an order to appear for genetic
testing. Provides a procedure for the Department of
5 Revenue to commence an administrative proceeding to
determine paternity or determine paternity and child
6 support. Provides for the department to obtain an order
for a person to appear for genetic testing. Provides for
7 an administrative hearing to establish paternity or
paternity and child support. Provides a right to judicial
8 review of such an administrative order. Revises the pilot
program for the administrative establishment of
9 child-support obligations to provide for application of
the program statewide. (See bill for details.)
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