SENATE AMENDMENT
Bill No. SB 1638
Amendment No. ___ Barcode 815608
CHAMBER ACTION
Senate House
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11 Senator Lynn moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 4, line 29, through page 5, line 27, delete
15 those lines
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17 and insert:
18 Section 3. Effective July 1, 2003, subsections (1) and
19 (2) of section 61.181, Florida Statutes, are amended to read:
20 61.181 Depository for alimony transactions, support,
21 maintenance, and support payments; fees.--
22 (1)(a) The office of the clerk of the court shall
23 operate a depository unless the depository is otherwise
24 created by special act of the Legislature or unless, prior to
25 June 1, 1985, a different entity was established to perform
26 such functions. The department shall, no later than July 1,
27 1998, extend participation in the federal child support cost
28 reimbursement program to the central depository in each
29 county, to the maximum extent possible under existing federal
30 law. The depository shall receive reimbursement for services
31 provided under a cooperative agreement with the department
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SENATE AMENDMENT
Bill No. SB 1638
Amendment No. ___ Barcode 815608
1 pursuant to s. 61.1826. Each depository shall participate in
2 the State Disbursement Unit and shall implement all statutory
3 and contractual duties imposed on the State Disbursement Unit.
4 Each depository shall receive from and transmit to the State
5 Disbursement Unit required data through the Clerk of Court
6 Child Support Enforcement Collection System. Payments on
7 non-Title IV-D cases without income deduction orders shall not
8 be sent to the State Disbursement Unit.
9 (b) Upon request by the Title IV-D agency, the
10 depository created pursuant to paragraph (a) shall establish
11 an account for the receipt and disbursement of support
12 payments for Title IV-D interstate cases. The Title IV-D
13 agency shall provide a copy of the other state's order with
14 the request, and the depository shall advise the Title IV-D
15 agency of the account number in writing within 4 business days
16 after receipt of the request.
17 (2)(a) For payments not required to be processed
18 through the State Disbursement Unit, the depository shall
19 impose and collect a fee on each payment made for receiving,
20 recording, reporting, disbursing, monitoring, or handling
21 alimony or child support payments as required under this
22 section. For non-Title IV-D cases required to be processed by
23 the State Disbursement Unit pursuant to this chapter, the
24 State Disbursement Unit shall, on each payment received,
25 collect a fee, and shall transmit to the depository in which
26 the case is located 40 percent of such service charge for the
27 depository's administration, management, and maintenance of
28 such case. If a payment is made to the State Disbursement Unit
29 which is not accompanied by the required fee, the State
30 Disbursement Unit shall not deduct any moneys from the support
31 payment for payment of the fee. The fee shall be a flat fee
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SENATE AMENDMENT
Bill No. SB 1638
Amendment No. ___ Barcode 815608
1 based, to the extent practicable, upon estimated reasonable
2 costs of operation. The fee shall be reduced in any case in
3 which the fixed fee results in a charge to any party of an
4 amount greater than 3 percent of the amount of any support
5 payment made in satisfaction of the amount which the party is
6 obligated to pay, except that no fee shall be less than $1 nor
7 more than $5 per payment made. The fee shall be considered by
8 the court in determining the amount of support that the
9 obligor is, or may be, required to pay.
10 (b)1. For the period of July 1, 1992, through June 30,
11 2003, The fee imposed in paragraph (a) shall be increased to 4
12 percent of the support payments which the party is obligated
13 to pay, except that no fee shall be more than $5.25. The fee
14 shall be considered by the court in determining the amount of
15 support that the obligor is, or may be, required to pay.
16 Notwithstanding the provisions of s. 145.022, 75 percent of
17 the additional revenues generated by this paragraph shall be
18 remitted monthly to the Clerk of the Court Child Support
19 Enforcement Collection System Trust Fund administered by the
20 department as provided in subparagraph 2. These funds shall
21 be used exclusively for the development, implementation, and
22 operation of the Clerk of the Court Child Support Enforcement
23 Collection System to be operated by the depositories,
24 including the automation of civil case information necessary
25 for the State Case Registry. The department shall contract
26 with the Florida Association of Court Clerks and the
27 depositories to design, establish, operate, upgrade, and
28 maintain the automation of the depositories to include, but
29 not be limited to, the provision of on-line electronic
30 transfer of information to the IV-D agency as otherwise
31 required by this chapter. The department's obligation to fund
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SENATE AMENDMENT
Bill No. SB 1638
Amendment No. ___ Barcode 815608
1 the automation of the depositories is limited to the state
2 share of funds available in the Clerk of the Court Child
3 Support Enforcement Collection System Trust Fund. Each
4 depository created under this section shall fully participate
5 in the Clerk of the Court Child Support Enforcement Collection
6 System and transmit data in a readable format as required by
7 the contract between the Florida Association of Court Clerks
8 and the department.
9 2. Moneys to be remitted to the department by the
10 depository shall be done daily by electronic funds transfer
11 and calculated as follows:
12 a. For each support payment of less than $33, 18.75
13 cents.
14 b. For each support payment between $33 and $140, an
15 amount equal to 18.75 percent of the fee charged.
16 c. For each support payment in excess of $140, 18.75
17 cents.
18 3. The fees established by this section shall be set
19 forth and included in every order of support entered by a
20 court of this state which requires payment to be made into the
21 depository.
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25 And the title is amended as follows:
26 On page 1, line 10, after the semicolon
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28 insert:
29 providing for the continuation of a fee;
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