HB 1761 2003
   
1 A bill to be entitled
2          An act relating to child support; amending s. 61.046,
3    F.S.; redefining the term “support order” for purposes of
4    ch. 61, F.S., to include an order of an administrative
5    agency; amending s. 61.13, F.S.; deleting the requirement
6    that a child support order include the minor’s social
7    security number; amending s. 61.181, F.S.; requiring the
8    clerk of the court to establish an account for interstate
9    cases; providing for the continuation of a fee; amending
10    s. 120.80, F.S.; providing for the location of an
11    administrative hearing; amending ss. 382.013 and 382.016,
12    F.S.; permitting voluntary acknowledgements of paternity
13    which are witnessed; amending s. 409.2557, F.S.;
14    authorizing the Department of Revenue to adopt rules to
15    administer the withholding of insurance payments; amending
16    s. 409.2558, F.S.; providing for a notice to the
17    noncustodial parent in applying an undistributable support
18    collection to another support order; amending s. 409.2561,
19    F.S.; providing for the Department of Revenue to establish
20    the obligation of support; amending s. 409.2563, F.S.;
21    providing for the noncustodial parent to request that the
22    Department of Revenue proceed in circuit court to
23    determine the support obligation; revising the
24    requirements under which a noncustodial parent may
25    petition the circuit court to determine the support
26    obligation; providing that the Department of Revenue is a
27    party to court action only with respect to issues of
28    support; amending s. 409.25656, F.S.; providing for the
29    recovery of fees in liquidating securities for the support
30    owed; creating s. 409.25659, F.S.; providing for
31    withholding insurance payments for unpaid support;
32    providing definitions; specifying the duties of the
33    insurer; providing that unpaid support constitutes a lien
34    against an insurance claim; providing for notice to the
35    obligor; providing for payment to the Department of
36    Revenue; providing for an exemption for certain fees and
37    expenses; providing rulemaking authority; amending s.
38    409.257, F.S.; permitting the use of any means of service
39    of process under ch. 48, F.S.; amending s. 409.2572, F.S.;
40    revising the definition of noncooperation or failure to
41    cooperate as applied to an applicant for or a recipient of
42    public assistance; amending s. 409.259, F.S.; revising the
43    manner of reimbursement to the clerk of the court for
44    court filings in Title IV-D cases; creating s. 440.123,
45    F.S.; requiring an insurer paying workers’ compensation
46    insurance to inquire about unpaid child support; amending
47    s. 440.20, F.S.; requiring the judge of compensation
48    claims to obtain information on the support owed; amending
49    s. 742.10, F.S.; permitting voluntary acknowledgements of
50    paternity which are witnessed; deleting the rebuttable
51    presumption of a voluntary acknowledgement of paternity;
52    providing effective dates.
53         
54          Be It Enacted by the Legislature of the State of Florida:
55         
56          Section 1. Subsection (19) of section 61.046, Florida
57    Statutes, is amended to read:
58          61.046 Definitions.--As used in this chapter:
59          (19) "Support order" means a judgment, decree, or order,
60    whether temporary or final, issued by a court of competent
61    jurisdiction or administrative agencyfor the support and
62    maintenance of a child which provides for monetary support,
63    health care, arrearages, or past support. When the child support
64    obligation is being enforced by the Department of Revenue, the
65    term "support order" also means a judgment, decree, or order,
66    whether temporary or final, issued by a court of competent
67    jurisdiction for the support and maintenance of a child and the
68    spouse or former spouse of the obligor with whom the child is
69    living which provides for monetary support, health care,
70    arrearages, or past support.
71          Section 2. Paragraph (d) of subsection (1) of section
72    61.13, Florida Statutes, is amended to read:
73          61.13 Custody and support of children; visitation rights;
74    power of court in making orders.--
75          (1)
76          (d)1. Unless the provisions of subparagraph 3. apply, all
77    child support orders entered on or after January 1, 1985, shall
78    direct that the payments of child support be made as provided in
79    s. 61.181 through the depository in the county where the court
80    is located. All child support orders shall provide the full
81    name,and date of birth, and social security numberof each
82    minor child who is the subject of the child support order.
83          2. Unless the provisions of subparagraph 3. apply, all
84    child support orders entered before January 1, 1985, shall be
85    modified by the court to direct that payments of child support
86    shall be made through the depository in the county where the
87    court is located upon the subsequent appearance of either or
88    both parents to modify or enforce the order, or in any related
89    proceeding.
90          3. If both parties request and the court finds that it is
91    in the best interest of the child, support payments need not be
92    directed through the depository. The order of support shall
93    provide, or shall be deemed to provide, that either party may
94    subsequently apply to the depository to require direction of the
95    payments through the depository. The court shall provide a copy
96    of the order to the depository.
97          4. If the parties elect not to require that support
98    payments be made through the depository, any party may
99    subsequently file an affidavit with the depository alleging a
100    default in payment of child support and stating that the party
101    wishes to require that payments be made through the depository.
102    The party shall provide copies of the affidavit to the court and
103    to each other party. Fifteen days after receipt of the
104    affidavit, the depository shall notify both parties that future
105    payments shall be paid through the depository.
106          5. In IV-D cases, the IV-D agency shall have the same
107    rights as the obligee in requesting that payments be made
108    through the depository.
109          Section 3. Effective July 1, 2003, subsections (1) and (2)
110    of section 61.181, Florida Statutes, are amended to read:
111          61.181 Depository for alimony transactions, support,
112    maintenance, and support payments; fees.--
113          (1)(a)The office of the clerk of the court shall operate
114    a depository unless the depository is otherwise created by
115    special act of the Legislature or unless, prior to June 1, 1985,
116    a different entity was established to perform such functions.
117    The department shall, no later than July 1, 1998, extend
118    participation in the federal child support cost reimbursement
119    program to the central depository in each county, to the maximum
120    extent possible under existing federal law. The depository shall
121    receive reimbursement for services provided under a cooperative
122    agreement with the department pursuant to s. 61.1826. Each
123    depository shall participate in the State Disbursement Unit and
124    shall implement all statutory and contractual duties imposed on
125    the State Disbursement Unit. Each depository shall receive from
126    and transmit to the State Disbursement Unit required data
127    through the Clerk of Court Child Support Enforcement Collection
128    System. Payments on non-Title IV-D cases without income
129    deduction orders shall not be sent to the State Disbursement
130    Unit.
131          (b) Upon request by the Title IV-D agency, the depository
132    created pursuant to paragraph (a) shall establish an account for
133    the receipt and disbursement of support payments for Title IV-D
134    interstate cases. The Title IV-D agency shall provide a copy of
135    the other state’s order with the request and the depository
136    shall advise the Title IV-D agency of the account number in
137    writing within 4 business days after receipt of the request.
138          (2)(a) For payments not required to be processed through
139    the State Disbursement Unit, the depository shall impose and
140    collect a fee on each payment made for receiving, recording,
141    reporting, disbursing, monitoring, or handling alimony or child
142    support payments as required under this section. For non-Title
143    IV-D cases required to be processed by the State Disbursement
144    Unit pursuant to this chapter, the State Disbursement Unit
145    shall, on each payment received, collect a fee, and shall
146    transmit to the depository in which the case is located 40
147    percent of such service charge for the depository's
148    administration, management, and maintenance of such case. If a
149    payment is made to the State Disbursement Unit which is not
150    accompanied by the required fee, the State Disbursement Unit
151    shall not deduct any moneys from the support payment for payment
152    of the fee. The fee shall be a flat fee based, to the extent
153    practicable, upon estimated reasonable costs of operation. The
154    fee shall be reduced in any case in which the fixed fee results
155    in a charge to any party of an amount greater than 3 percent of
156    the amount of any support payment made in satisfaction of the
157    amount which the party is obligated to pay, except that no fee
158    shall be less than $1 nor more than $5 per payment made. The fee
159    shall be considered by the court in determining the amount of
160    support that the obligor is, or may be, required to pay.
161          (b)1. For the period of July 1, 1992, through June 30,
162    2003,The fee imposed in paragraph (a) shall be increased to 4
163    percent of the support payments which the party is obligated to
164    pay, except that no fee shall be more than $5.25. The fee shall
165    be considered by the court in determining the amount of support
166    that the obligor is, or may be, required to pay. Notwithstanding
167    the provisions of s. 145.022, 75 percent of the additional
168    revenues generated by this paragraph shall be remitted monthly
169    to the Clerk of the Court Child Support Enforcement Collection
170    System Trust Fund administered by the department as provided in
171    subparagraph 2. These funds shall be used exclusively for the
172    development, implementation, and operation of the Clerk of the
173    Court Child Support Enforcement Collection System to be operated
174    by the depositories, including the automation of civil case
175    information necessary for the State Case Registry. The
176    department shall contract with the Florida Association of Court
177    Clerks and the depositories to design, establish, operate,
178    upgrade, and maintain the automation of the depositories to
179    include, but not be limited to, the provision of on-line
180    electronic transfer of information to the IV-D agency as
181    otherwise required by this chapter. The department's obligation
182    to fund the automation of the depositories is limited to the
183    state share of funds available in the Clerk of the Court Child
184    Support Enforcement Collection System Trust Fund. Each
185    depository created under this section shall fully participate in
186    the Clerk of the Court Child Support Enforcement Collection
187    System and transmit data in a readable format as required by the
188    contract between the Florida Association of Court Clerks and the
189    department.
190          2. Moneys to be remitted to the department by the
191    depository shall be done daily by electronic funds transfer and
192    calculated as follows:
193          a. For each support payment of less than $33, 18.75 cents.
194          b. For each support payment between $33 and $140, an
195    amount equal to 18.75 percent of the fee charged.
196          c. For each support payment in excess of $140, 18.75
197    cents.
198          3. The fees established by this section shall be set forth
199    and included in every order of support entered by a court of
200    this state which requires payment to be made into the
201    depository.
202          Section 4. Paragraph (c) of subsection (14) of section
203    120.80, Florida Statutes, is amended to read:
204          120.80 Exceptions and special requirements; agencies.--
205          (14) DEPARTMENT OF REVENUE.--
206          (c) Proceedings for administrative support orders.--In
207    proceedings for the establishment of administrative support
208    orders pursuant to s. 409.2563, final orders in cases referred
209    by the Department of Revenue to the Division of Administrative
210    Hearings shall be entered by the division's administrative law
211    judge and transmitted to the Department of Revenue for filing
212    and rendering. The Department of Revenue has the right to seek
213    judicial review under s. 120.68 of a final order entered by an
214    administrative law judge. Administrative support orders rendered
215    pursuant to s. 409.2563 may be enforced pursuant to s. 120.69
216    or, alternatively, by any method prescribed by law for the
217    enforcement of judicial support orders, except contempt.
218    Whenever practicable, hearings held by the Division of
219    Administrative Hearings pursuant to s. 409.2563 shall be held in
220    the judicial circuit where the person receiving services under
221    Title IV-D resides or, if the person receiving services under
222    Title IV-D does not reside in this state, in the judicial
223    circuit where the respondent resides. If the department and the
224    respondent agree, the hearing may be held in another location.
225          Section 5. Effective July 1, 2003, paragraph (c) of
226    subsection (2) of section 382.013, Florida Statutes, is amended
227    to read:
228          382.013 Birth registration.--A certificate for each live
229    birth that occurs in this state shall be filed within 5 days
230    after such birth with the local registrar of the district in
231    which the birth occurred and shall be registered by the local
232    registrar if the certificate has been completed and filed in
233    accordance with this chapter and adopted rules. The information
234    regarding registered births shall be used for comparison with
235    information in the state case registry, as defined in chapter
236    61.
237          (2) PATERNITY.--
238          (c) If the mother is not married at the time of the birth,
239    the name of the father may not be entered on the birth
240    certificate without the execution of an affidavit signed by both
241    the mother and the person to be named as the father. The
242    facility shall give notice orally or through the use of video or
243    audio equipment, and in writing, of the alternatives to, the
244    legal consequences of, and the rights, including, if one parent
245    is a minor, any rights afforded due to minority status, and
246    responsibilities that arise from signing an acknowledgment of
247    paternity, as well as information provided by the Title IV-D
248    agency established pursuant to s. 409.2557, regarding the
249    benefits of voluntary establishment of paternity. Upon request
250    of the mother and the person to be named as the father, the
251    facility shall assist in the execution of the affidavit,ora
252    notarized voluntary acknowledgment of paternity, or a voluntary
253    acknowledgment of paternity that is witnessed by two individuals
254    and signed under penalty of perjury as specified by s.
255    92.525(2).
256          Section 6. Effective July 1, 2003, paragraph (b) of
257    subsection (1) of section 382.016, Florida Statutes, is amended
258    to read:
259          382.016 Amendment of records.--The department, upon
260    receipt of the fee prescribed in s. 382.0255; documentary
261    evidence, as specified by rule, of any misstatement, error, or
262    omission occurring in any birth, death, or fetal death record;
263    and an affidavit setting forth the changes to be made, shall
264    amend or replace the original certificate as necessary.
265          (1) CERTIFICATE OF LIVE BIRTH AMENDMENT.--
266          (b) Upon written request and receipt of an affidavit, aor
267    notarized voluntary acknowledgment of paternity, or a voluntary
268    acknowledgment of paternity that is witnessed by two individuals
269    and signed under penalty of perjury as specified by s. 92.525(2)
270    that issigned by the mother and father acknowledging the
271    paternity of a registrant born out of wedlock, together with
272    sufficient information to identify the original certificate of
273    live birth, the department shall prepare a new birth
274    certificate, which shall bear the same file number as the
275    original birth certificate. The names and identifying
276    information of the parents shall be entered as of the date of
277    the registrant's birth. The surname of the registrant may be
278    changed from that shown on the original birth certificate at the
279    request of the mother and father of the registrant, or the
280    registrant if of legal age. If the mother and father marry each
281    other at any time after the registrant's birth, the department
282    shall, upon the request of the mother and father or registrant
283    if of legal age and proof of the marriage, amend the certificate
284    with regard to the parents' marital status as though the parents
285    were married at the time of birth. The department shall
286    substitute the new certificate of birth for the original
287    certificate on file. All copies of the original certificate of
288    live birth in the custody of a local registrar or other state
289    custodian of vital records shall be forwarded to the State
290    Registrar. Thereafter, when a certified copy of the certificate
291    of birth or portion thereof is issued, it shall be a copy of the
292    new certificate of birth or portion thereof, except when a court
293    order requires issuance of a certified copy of the original
294    certificate of birth. The department shall place the original
295    certificate of birth and all papers pertaining thereto under
296    seal, not to be broken except by order of a court of competent
297    jurisdiction or as otherwise provided by law.
298          Section 7. Effective July 1, 2003, subsection (3) of
299    section 409.2557, Florida Statutes, is amended to read:
300          409.2557 State agency for administering child support
301    enforcement program.--
302          (3) SPECIFIC RULEMAKING AUTHORITY.--The department has the
303    authority to adopt rules pursuant to ss. 120.536(1) and 120.54
304    to implement all laws administered by the department in its
305    capacity as the Title IV-D agency for this state including, but
306    not limited to, the following:
307          (a) Background screening of department employees and
308    applicants, including criminal records checks;
309          (b) Confidentiality and retention of department records;
310    access to records; record requests;
311          (c) Department trust funds;
312          (d) Federal funding procedures;
313          (e) Agreements with law enforcement and other state
314    agencies; National Crime Information Center (NCIC) access;
315    Parent Locator Service access;
316          (f) Written agreements entered into between the department
317    and support obligors in establishment, enforcement, and
318    modification proceedings;
319          (g) Procurement of services by the department, pilot
320    programs, and demonstration projects;
321          (h) Management of cases by the department involving any
322    documentation or procedures required by federal or state law,
323    including but not limited to, cooperation; review and
324    adjustment; audits; interstate actions; diligent efforts for
325    service of process;
326          (i) Department procedures for orders for genetic testing;
327    subpoenas to establish, enforce, or modify orders; increasing
328    the amount of monthly obligations to secure delinquent support;
329    suspending or denying driver's and professional licenses and
330    certificates; fishing and hunting license suspensions;
331    suspending vehicle and vessel registrations; screening
332    applicants for new or renewal licenses, registrations, or
333    certificates; income deduction; credit reporting and accessing;
334    tax refund intercepts; passport denials; liens; financial
335    institution data matches; expedited procedures; medical support;
336    and all other responsibilities of the department as required by
337    state or federal law;
338          (j) Collection and disbursement of support and alimony
339    payments by the department as required by federal law;
340    collection of genetic testing costs and other costs awarded by
341    the court;
342          (k) Report information to and receive information from
343    other agencies and entities;
344          (l) Provide location services, including accessing from
345    and reporting to federal and state agencies;
346          (m) Privatizing location, establishment, enforcement,
347    modification, and other functions;
348          (n) State case registry;
349          (o) State disbursement unit;
350          (p) Administrative proceedings to establish child-support
351    obligations; and
352          (q) Insurer reporting of liability claims, withholding of
353    insurance payments for unpaid support, and reporting of weekly
354    workers’ compensation; and
355          (r)(q)All other responsibilities of the department as
356    required by state or federal law.
357          Section 8. Paragraph (b) of subsection (2) of section
358    409.2558, Florida Statutes, is amended to read:
359          409.2558 Support distribution and disbursement.--
360          (2) UNDISTRIBUTABLE COLLECTIONS.--
361          (b) Collections that are determined to be undistributable
362    shall be processed in the following order of priority:
363          1. Apply the payment to any assigned arrears on the
364    custodial parent's case; then
365          2. Apply the payment to any administrative costs ordered
366    by the court pursuant to s. 409.2567 associated with the
367    custodial parent's case; then
368          3. When the noncustodial parent is subject to a valid
369    order to support another childother children in aanothercase
370    with a different custodial parent and the obligation is being
371    enforced by the department, the department shall mail a notice
372    to the noncustodial parent at the most recent known address in
373    the department's records, stating the department's intention to
374    apply the payment pursuant to this subparagraph, and advising
375    the noncustodial parent of the right to contest the department's
376    proposed action in the circuit court by filing and serving a
377    petition on the department within 20 days after the mailing date
378    of the department's notice. If the noncustodial parent does not
379    file and serve a petition within the 20 days, or upon a
380    disposition of the judicial action favorable to the department,
381    the department shall, with the noncustodial parent's permission,
382    apply the payment towards his or her other support obligation.
383    If there is more than one such other case, the department shall
384    allocate the remaining undistributable amount as specified by s.
385    61.1301(4)(c); then
386          4. Return the payment to the noncustodial parent; then
387          5. If the noncustodial parent cannot be located after
388    diligent efforts by the department, the federal share of the
389    payment shall be credited to the Federal Government and the
390    state share shall be transferred to the General Revenue Fund.
391          Section 9. Subsection (1) of section 409.2561, Florida
392    Statutes, is amended to read:
393          409.2561 Support obligations when public assistance is
394    paid; assignment of rights; subrogation; medical and health
395    insurance information.--
396          (1) Any payment of temporary cash or Title IV-E assistance
397    made to, or for the benefit of, any dependent child creates an
398    obligation in an amount determined pursuant to the child support
399    guidelines. In accordance with 42 U.S.C. s. 657, the state shall
400    retain amounts collected only to the extent necessary to
401    reimburse amounts paid to the family as assistance by the state.
402    Such amounts collected shall be deposited into the General
403    Revenue Fund up to the level specified in s. 61.1812. If there
404    has been a prior supportcourtorder or final judgment of
405    dissolution of marriage establishing an obligation of support,
406    the obligation is limited to the amount provided by such support
407    courtorder or decree. The extraordinary remedy of contempt is
408    applicable in child support enforcement cases because of the
409    public necessity for ensuring that dependent children be
410    maintained from the resources of their parents, thereby
411    relieving, at least in part, the burden presently borne by the
412    general citizenry through the public assistance program. If
413    there is no prior supportcourt order establishing an obligation
414    of support, the court, or the department as provided by s.
415    409.2563,shall establish the liability of the obligor, if any,
416    by applying the child support guidelines. The department may
417    apply for modification of a supportcourtorder on the same
418    grounds as either party to the cause and shall have the right to
419    settle and compromise actions brought pursuant to law.
420          Section 10. Paragraph (m) of subsection (4) of section
421    409.2563, Florida Statutes, is amended to read:
422          409.2563 Administrative establishment of child support
423    obligations.--
424          (4) NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
425    SUPPORT ORDER.--To commence a proceeding under this section, the
426    department shall provide to the custodial parent and serve the
427    noncustodial parent with a notice of proceeding to establish
428    administrative support order and a blank financial affidavit
429    form. The notice must state:
430          (m) That, neither the department nor the Division of
431    Administrative Hearings has jurisdiction to award or change
432    child custody or rights of parental contact and these issues may
433    only be addressed in circuit court.
434          1. The noncustodial parent may request in writing that the
435    department proceed in circuit court to determine his or her
436    support obligations.
437          2. The noncustodial parent may state in writing to the
438    department his or her intention to address issues concerning
439    custody or rights to parental contact in circuit court.
440          3. If the noncustodial parent submits the request
441    mentioned in subparagraph 1., or the statement mentioned in
442    subparagraph 2., to the department within 20 days after receipt
443    of the initial notice, the department shall file a petition in
444    circuit court for the determination of the noncustodial parent’s
445    child support obligations, and shall send to the noncustodial
446    parent a copy of its petition, a notice of commencement of
447    action, and a request for waiver of service of process as
448    provided in the Rules of Civil Procedure.
449          4. If, within 10 days after receipt of the department's
450    petition and waiver of service, the noncustodial parent signs
451    and returns the waiver of service form to the department, the
452    department shall terminate the administrative proceeding without
453    prejudice and proceed in circuit court.
454          5. In any circuit court action brought by the department
455    pursuant to this subsection, or brought by a noncustodial parent
456    or other person pursuant to paragraph (l) or paragraph (n), the
457    department shall be a party only with respect to those issues of
458    support allowed and reimbursable under Title IV-D of the Social
459    Security Act. It is the responsibility of the noncustodial
460    parent or other person to take the necessary steps to present
461    other issues they wish to have the court consider.That if the
462    noncustodial parent has issues regarding child custody or right
463    of parental contact or requests to proceed in circuit court, the
464    noncustodial parent may request in writing that the department
465    proceed in circuit court to determine support. That the
466    noncustodial parent must make such request in writing within 20
467    days after receipt of the initial notice. That upon such
468    request, the department shall send the noncustodial parent by
469    regular mail a copy of the department's petition and waiver of
470    service form. That the noncustodial parent must sign and return
471    the waiver of service form, within 10 days of receipt of the
472    petition, at which time the department shall terminate the
473    administrative proceeding and file an action in circuit court to
474    determine support;
475         
476          The department may serve the notice of proceeding to establish
477    administrative support order by certified mail, restricted
478    delivery, return receipt requested. Alternatively, the
479    department may serve the notice by any means permitted for
480    service of process in a civil action. For purposes of this
481    section, an authorized employee of the department may serve the
482    notice and execute an affidavit of service. Service by certified
483    mail is completed when the certified mail is received or refused
484    by the addressee or by an authorized agent as designated by the
485    addressee in writing. If a person other than the addressee signs
486    the return receipt, the department shall attempt to reach the
487    addressee by telephone to confirm whether the notice was
488    received, and the department shall document any telephonic
489    communications. If someone other than the addressee signs the
490    return receipt, the addressee does not respond to the notice,
491    and the department is unable to confirm that the addressee has
492    received the notice, service is not completed and the department
493    shall attempt to have the addressee served personally. The
494    department shall provide the custodial parent or caretaker
495    relative with a copy of the notice by regular mail to the last
496    known address of the custodial parent or caretaker.
497          Section 11. Subsection (3) of section 409.25656, Florida
498    Statutes, is amended to read:
499          409.25656 Garnishment.--
500          (3) During the last 30 days of the 60-day period set forth
501    in subsection (1), the executive director or his or her designee
502    may levy upon such credits, personal property, or debts. The
503    levy must be accomplished by delivery of a notice of levy by
504    registered mail, upon receipt of which the person possessing the
505    credits, other personal property, or debts shall transfer them
506    to the department or pay to the department the amount owed by
507    the obligor. If the department levies upon securities and the
508    value of the securities is less than the total amount of past
509    due or overdue support, the person who possesses or controls the
510    securities shall liquidate the securities in a commercially
511    reasonable manner. After liquidation, the person shall transfer
512    to the department the proceeds, less any applicable commissions
513    or fees, or both, which are charged in the normal course of
514    business. If the value of the securities exceeds the total
515    amount of past due or overdue support, the obligor may, within 7
516    days after receipt of the department's notice of levy, instruct
517    the person who possesses or controls the securities which
518    securities are to be sold to satisfy the obligation for past due
519    or overdue support. If the obligor does not provide instructions
520    for liquidation, the person who possesses or controls the
521    securities shall liquidate the securities in a commercially
522    reasonable manner andin an amount sufficient to cover the
523    obligation for past due or overdue support, andlessany
524    applicable commissions or fees, or both, which are charged in
525    the normal course of business, beginning with the securities
526    purchased most recently. After liquidation, the person who
527    possesses or controls the securities shall transfer to the
528    department the total amount of past due or overdue support.
529          Section 12. Effective July 1, 2003, section 409.25659,
530    Florida Statutes, is created to read:
531          409.25659 Withholding of insurance payment for unpaid
532    support.--
533          (1) DEFINITIONS.--As used in this section, the term:
534          (a) “Insurer” means an entity that is responsible for
535    paying a claim on liability coverage in an insurance contract
536    and which is:
537          1. An insurer, as defined in s. 624.03, authorized to
538    transact insurance in this state;
539          2. An eligible surplus lines insurer pursuant to part VIII
540    of chapter 626;
541          3. A joint underwriter or joint reinsurer created by law
542    or otherwise operating pursuant to s. 627.311; or
543          4. An insurance risk apportionment plan operating pursuant
544    to s. 627.351.
545          (b) “Claim" means a claim on liability coverage in an
546    insurance contract payable to an individual, or to a third party
547    for the benefit of an individual, who is a resident of this
548    state or who had an accident or loss that occurred in this
549    state.
550          (2) INDIVIDUALS WHO OWE UNPAID SUPPORT; INSURER DUTY TO
551    INQUIRE; DUTY TO WITHHOLD PAYMENT.--
552          (a) The department shall periodically make available from
553    a secure web-enabled database or other centralized source to
554    insurers who are subject to this section information concerning
555    obligors in Title IV-D cases who owe unpaid support in excess of
556    $500. For each obligor, the department shall provide, at a
557    minimum, the obligor’s name, social security number, last known
558    address, and the amount of unpaid support owed.
559          (b) Not more than 30 days before paying a claim, the
560    insurer shall inquire of the department pursuant to paragraph
561    (a) whether the claimant is an individual who owes unpaid
562    support by providing the department with the individual’s name,
563    date of birth, social security number, and last known address
564    according to the insurer's records; the claim number; the date
565    of claim; the name of the insurer; and how the insurer may be
566    contacted. Within 30 days after inquiry, the department shall
567    notify the insurer whether the individual owes unpaid support
568    and, if so, the amount owed. An insurer shall withhold payment
569    on a claim until the department notifies the insurer that the
570    individual does not owe unpaid support or otherwise releases the
571    insurer in writing from the duty to withhold.
572          (3) NOTICE OF DEMAND FOR PAYMENT; LIEN FOR AMOUNT OF
573    UNPAID SUPPORT.--If the department determines pursuant to
574    subsection (2) that the individual owes unpaid support, the
575    department shall issue a written demand for payment to the
576    insurer, which may be transmitted electronically. A demand for
577    payment issued under this subsection constitutes a lien against
578    the obligor’s claim for the amount of unpaid support stated in
579    the demand and any unpaid support that accrues subsequently. The
580    lien becomes effective when the demand for payment is received
581    by the insurer and is in addition to any preexisting lien for
582    unpaid support. Upon receipt of a demand for payment, the
583    insurer shall provide the department with the name and address
584    of the obligor’s attorney or agent, if known, the amount
585    withheld, the date payment was withheld, and other known
586    information concerning the location, earnings, and assets of the
587    obligor. An insurer who is subject to a demand for payment on a
588    claim may not pay over, release, encumber, assign, or otherwise
589    transfer payment subject to the demand without written
590    authorization by the department or an order of the court.
591          (4) NOTICE TO OBLIGOR; ADMINISTRATIVE HEARING; JUDICIAL
592    REVIEW.--
593          (a) Upon issuing a demand for payment, the department
594    shall promptly provide a copy to the obligor and notify the
595    obligor in writing of the right to contest the demand for
596    payment by filing a written request for an administrative
597    hearing with the department within 21 days after the date of
598    mailing or personal delivery of the notice. Mailing of the
599    notice to the obligor’s last known address is deemed adequate
600    notice. Failure to make a timely written request for a hearing
601    is deemed a waiver of the right to hearing. The department also
602    shall provide a copy of the demand for payment and notice to the
603    obligor’s attorney or agent, if known.
604          (b) Any person whose substantial interests are affected by
605    the department’s demand for payment may request an
606    administrative hearing as provided by chapter 120. Chapter 120
607    and the Uniform Rules of Procedure govern how administrative
608    hearings are conducted and the entry of final orders. Final
609    orders rendered under this section are subject to judicial
610    review as provided by s. 120.68.
611          (5) PAYMENT TO THE DEPARTMENT.--If the obligor does not
612    file a timely written request for an administrative hearing, or
613    consents to the department’s demand or the department prevails
614    after hearing, the department shall notify the insurer to send
615    to the department the full amount of the withheld payment, not
616    to exceed the amount of unpaid support, less any amounts payable
617    to the obligor or other entities as specified by subsection (7).
618    Payments due the department must be made payable solely to the
619    department.
620          (6) FULL OR PARTIAL RELEASE.--An insurer may be released
621    from the duty to withhold payment only upon written notice by
622    the department or by order of the court. The department shall
623    execute and deliver a release of the lien for unpaid support to
624    the obligor and the insurer upon payment in full of the unpaid
625    support and any costs due. The department may release a lien
626    fully or in part without liability as needed to correctly
627    reflect the amount of unpaid support owed, if assurance of
628    payment is considered adequate, or to facilitate collection of
629    the unpaid support.
630          (7) PRIORITY OF LIENS; ATTORNEYS FEES; MEDICAL PROVIDERS;
631    EXEMPTION FOR FUTURE MEDICAL EXPENSES.--
632          (a) A lien for unpaid support created by this section is
633    superior to all subsequent liens and security interests. Liens
634    perfected prior to creation of a lien under this section, prior
635    written notices of health care providers, and attorneys fees
636    payable from insurance proceeds are not subject to a lien
637    created by this section.
638          (b) An amount not to exceed the lesser of 15 percent of
639    the total payment or $5,000 for the obligor’s future medical
640    expenses is exempt from a demand for payment under this section,
641    provided the expenses are due to a condition that gave rise to
642    the claim and are documented by a licensed physician. The
643    department shall notify the obligor of the exemption and how to
644    claim it when providing notice of the right to contest a demand
645    for payment under subsection (4). The obligor has the burden of
646    proving a claim for an exemption.
647          (8) INSURER IMMUNITY.--An insurer, its directors, agents,
648    and employees and any central reporting organization and its
649    agents and employees authorized by an insurer to act on its
650    behalf who act in conformity with the requirements of this
651    section are immune from any liability to the claimant or other
652    payees, lienholders, or affected entities for any alleged or
653    actual damages that occur as a result of compliance with these
654    requirements.
655          (9) FAILURE TO COMPLY; REMEDIES.--An insurer who does not
656    inquire, withhold, or remit payments as required by this section
657    is liable to the department for the amount the insurer should
658    have withheld or remitted, plus costs, interest, and reasonable
659    attorney’s fees. The department is authorized to bring an action
660    in circuit court to enforce any provision of this section.
661          (10) WORKERS’ COMPENSATION.--When the web-enabled database
662    specified by paragraph (2)(a) becomes operational, the
663    department shall permit access by judges of compensation claims
664    to facilitate review and approval of workers’ compensation
665    settlements as provided by s. 440.20(11)(d).
666          (11) RULEMAKING AUTHORITY.--The department may adopt rules
667    to implement, administer, or enforce the requirements of this
668    section.
669          Section 13. Effective July 1, 2003, section 409.257,
670    Florida Statutes, is amended to read:
671          409.257 Service of process.--The service of initial
672    process and orders in lawsuits filed by the department, under
673    this act, shall be served by the sheriff in the county where the
674    person to be served may be found or, if determined to be more
675    effective by the department, by any means permitted under
676    chapter 48 for service of process in a civil action. The sheriff
677    shall be reimbursed at the prevailing rate of federal financial
678    participation for service of process and orders as allowed by
679    law. The sheriff shall bill the department monthly as provided
680    for in s. 30.51(2). In addition, process and orders may be
681    served or executed by authorized agents of the department at the
682    department's discretion; provided that the agent of the
683    department does not take any action against personal property,
684    real property, or persons. Notices and other intermediate
685    process, except witness subpoenas, shall be served by the
686    department as provided for in the Florida Rules of Civil
687    Procedure. Witness subpoenas shall be served by the department
688    by certified mail as provided for in s. 48.031(3).
689          Section 14. Subsections (1) and (2) of section 409.2572,
690    Florida Statutes, are amended to read:
691          409.2572 Cooperation.--
692          (1) An applicant for, or recipient of, public assistance
693    for a dependent child shall cooperate in good faithwith the
694    department or a program attorney in:
695          (a) Identifying and helping to locate the alleged parent
696    or obligor.
697          (b) Assisting in establishing the paternity of a child
698    born out of wedlock.
699          (c) Assisting in obtaining support payments from the
700    obligor.
701          (d) Assisting in obtaining any other payments or property
702    due from the obligor.
703          (e) Identifying another putative father when an earlier
704    named putative father has been excluded by DNA, Human Leukocyte
705    Antigen, or other scientific test.
706          (f) Appearing at an office of the department, or another
707    designated office, as necessary to provide verbal or written
708    information, or documentary or physical evidence, known to,
709    possessed by, or reasonably obtainable by the applicant or
710    recipient.
711          (g) Appearing as a witness at judicial or other hearings
712    or proceedings.
713          (h) Providing information under oath regarding the
714    identity or location of the alleged father of the child or
715    attesting to the lack of information.
716          (i) Paying to the department any support received from the
717    obligor after the assignment is effective.
718          (2) Noncooperation, or failure to cooperate in good faith,
719    is defined to include, but is not limited to, the following
720    conduct:
721          (a) Failing orRefusing to identify the father of the
722    child, or where more than one man could be the father of the
723    child, refusing to identify all such persons. If the mother
724    identifies one or more persons as the possible father of the
725    child and asserts that there are no others who could be the
726    father of the child, but the DNA test, Human Leukocyte Antigen
727    test, or other scientific test indicates that none of the
728    persons identified could in fact have been the father of the
729    child, the mother shall be deemed noncooperative. If she
730    subsequently identifies another person as the possible father of
731    the child, she shall still be deemed noncooperative until that
732    person has been given the DNA test, Human Leukocyte Antigen
733    test, or other scientific test and is not excluded as the father
734    by the test.
735          (b) Failing to appear for two appointments at the
736    department or other designated office without justification and
737    notice.
738          (c) Providing false information regarding the paternity of
739    the child or the obligation of the obligor.
740          (d) All actions of the obligee which interfere with the
741    state's efforts to proceed to establish paternity, the
742    obligation of support, or to enforce or collect support.
743          (e) Failure to appear at the laboratory for drawing of
744    blood samples, or leaving the laboratory prior to the drawing of
745    blood samples without compelling reasons.
746          (f) Failure to assist in the recovery of third-party
747    payment for medical services.
748          Section 15. Section 409.259, Florida Statutes, is amended
749    to read:
750          409.259 Partial payment of Filing fees in Title IV-D
751    cases.--
752          (1) Notwithstanding s. 28.241, each clerk of the circuit
753    court shall accept petitions, complaints, and motions in Title
754    IV-D cases submitted for filing by the department without
755    billing separately for each such filing, since the clerk is
756    being reimbursed in a different manner for expenses incurred in
757    such filings under the cooperative agreement with the department
758    pursuant to ss. 61.181(1) and 61.1826(2) and (4).only be
759    reimbursed at the prevailing rate of federal financial
760    participation on the amount of $40 for each civil action, suit,
761    or proceeding for support instituted in the circuit court in
762    which the parent is not receiving temporary cash assistance. The
763    prevailing rate of the state match shall be paid by the local
764    government in the form of a certified public expenditure. The
765    clerk of the circuit court shall bill the department monthly.
766    The clerk of the circuit court and the department shall maintain
767    a monthly log of the number of civil actions, suits, or
768    proceedings filed in which the parent does not receive temporary
769    assistance. These monthly logs will be used to determine the
770    number of $40 filings the clerk of court may submit for
771    reimbursement at the prevailing rate of federal financial
772    participation.
773          (2) Notwithstanding subsection (1), the department shall
774    continue to be entitled to the other necessary services of the
775    clerk of court in any proceedings under the IV-D program as
776    authorized under s. 409.2571.
777          Section 16. Effective July 1, 2003, section 440.123,
778    Florida Statutes, is created to read:
779          440.123 Insurer paying periodic compensation; duty to
780    inquire about unpaid child support.--When the web-enabled
781    database specified by s. 409.25659 becomes operational, upon
782    determining that a claimant will be paid weekly compensation, an
783    insurer as defined by s. 440.02(39) shall access the database
784    promptly to inquire whether the claimant owes unpaid support. If
785    it is determined after inquiry that a claimant owes unpaid
786    support, the insurer shall notify the Department of Revenue at
787    that time, through the web-enabled database, by providing the
788    individual’s name, date of birth, social security number, last
789    known address according to the insurer's records, and employer;
790    the claim number; the weekly compensation amount; the date of
791    first payment; the name of the insurer and how the insurer may
792    be contacted; the name and contact information of the payor of
793    weekly compensation, if different from the insurer; and the name
794    and address of the agent or attorney for the claimant, if any.
795          Section 17. Effective July 1, 2003, paragraph (d) of
796    subsection (11) of section 440.20, Florida Statutes, is amended
797    to read:
798          440.20 Time for payment of compensation; penalties for
799    late payment.--
800          (11)
801          (d)1. With respect to any lump-sum settlement under this
802    subsection, a judge of compensation claims must consider at the
803    time of the settlement, whether the settlement allocation
804    provides for the appropriate recovery of child support
805    arrearages.
806          2. When reviewing any settlement of lump-sum payment
807    pursuant to this subsection, judges of compensation claims shall
808    consider the interests of the worker and the worker's family
809    when approving the settlement, which must consider and provide
810    for appropriate recovery of past due support.
811          3. Before approving a settlement, the judge of
812    compensation claims shall require a party to obtain a written
813    statement from the Department of Revenue as to whether the
814    worker owes unpaid support and, if so, the amount owed. In
815    addition, the judge of compensation claims may require a party
816    to obtain a similar statement from a depository, operated
817    pursuant to s. 61.181.
818          Section 18. Effective July 1, 2003, subsection (1) of
819    section 742.10, Florida Statutes, is amended to read:
820          742.10 Establishment of paternity for children born out of
821    wedlock.--
822          (1) This chapter provides the primary jurisdiction and
823    procedures for the determination of paternity for children born
824    out of wedlock. When the establishment of paternity has been
825    raised and determined within an adjudicatory hearing brought
826    under the statutes governing inheritance, or dependency under
827    workers' compensation or similar compensation programs, or when
828    an affidavit acknowledging paternity or a stipulation of
829    paternity is executed by both parties and filed with the clerk
830    of the court, or when an affidavit, aornotarized voluntary
831    acknowledgment of paternity, or a voluntary acknowledgment of
832    paternity that is witnessed by two individuals and signed under
833    penalty of perjuryas provided for in s. 382.013 or s. 382.016
834    is executed by both parties, it shall constitute the
835    establishment of paternity for purposes of this chapter. If no
836    adjudicatory proceeding was held, a notarized voluntary
837    acknowledgment of paternity or voluntary acknowledgment of
838    paternity that is witnessed by two individuals and signed under
839    penalty of perjury as specified by s. 92.525(2)shall create a
840    rebuttable presumption, as defined by s. 90.304, of paternity
841    andis subject to the right of any signatory to rescind the
842    acknowledgment within 60 days of the date the acknowledgment was
843    signed or the date of an administrative or judicial proceeding
844    relating to the child, including a proceeding to establish a
845    support order, in which the signatory is a party, whichever is
846    earlier. Both parents are required to provide their social
847    security numbers on any acknowledgment of paternity, consent
848    affidavit, or stipulation of paternity. Except for affidavits
849    under seal pursuant to ss. 382.015 and 382.016, the Office of
850    Vital Statistics shall provide certified copies of affidavits to
851    the Title IV-D agency upon request.
852          Section 19. Except as otherwise provided herein, this act
853    shall take effect upon becoming a law.