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A bill to be entitled |
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An act relating to child support; amending s. 61.046, |
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F.S.; redefining the term “support order” for purposes of |
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ch. 61, F.S., to include an order of an administrative |
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agency; amending s. 61.13, F.S.; deleting the requirement |
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that a child support order include the minor’s social |
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security number; amending s. 61.181, F.S.; requiring the |
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clerk of the court to establish an account for interstate |
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cases; providing for the continuation of a fee; amending |
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s. 120.80, F.S.; providing for the location of an |
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administrative hearing; amending ss. 382.013 and 382.016, |
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F.S.; permitting voluntary acknowledgements of paternity |
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which are witnessed; amending s. 409.2557, F.S.; |
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authorizing the Department of Revenue to adopt rules to |
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administer the withholding of insurance payments; amending |
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s. 409.2558, F.S.; providing for a notice to the |
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noncustodial parent in applying an undistributable support |
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collection to another support order; amending s. 409.2561, |
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F.S.; providing for the Department of Revenue to establish |
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the obligation of support; amending s. 409.2563, F.S.; |
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providing for the noncustodial parent to request that the |
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Department of Revenue proceed in circuit court to |
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determine the support obligation; revising the |
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requirements under which a noncustodial parent may |
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petition the circuit court to determine the support |
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obligation; providing that the Department of Revenue is a |
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party to court action only with respect to issues of |
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support; amending s. 409.25656, F.S.; providing for the |
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recovery of fees in liquidating securities for the support |
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owed; creating s. 409.25659, F.S.; providing for |
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withholding insurance payments for unpaid support; |
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providing definitions; specifying the duties of the |
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insurer; providing that unpaid support constitutes a lien |
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against an insurance claim; providing for notice to the |
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obligor; providing for payment to the Department of |
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Revenue; providing for an exemption for certain fees and |
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expenses; providing rulemaking authority; amending s. |
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409.257, F.S.; permitting the use of any means of service |
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of process under ch. 48, F.S.; amending s. 409.2572, F.S.; |
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revising the definition of noncooperation or failure to |
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cooperate as applied to an applicant for or a recipient of |
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public assistance; amending s. 409.259, F.S.; revising the |
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manner of reimbursement to the clerk of the court for |
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court filings in Title IV-D cases; creating s. 440.123, |
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F.S.; requiring an insurer paying workers’ compensation |
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insurance to inquire about unpaid child support; amending |
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s. 440.20, F.S.; requiring the judge of compensation |
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claims to obtain information on the support owed; amending |
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s. 742.10, F.S.; permitting voluntary acknowledgements of |
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paternity which are witnessed; deleting the rebuttable |
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presumption of a voluntary acknowledgement of paternity; |
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providing effective dates. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Subsection (19) of section 61.046, Florida |
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Statutes, is amended to read: |
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61.046 Definitions.--As used in this chapter: |
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(19) "Support order" means a judgment, decree, or order, |
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whether temporary or final, issued by a court of competent |
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jurisdiction or administrative agencyfor the support and |
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maintenance of a child which provides for monetary support, |
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health care, arrearages, or past support. When the child support |
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obligation is being enforced by the Department of Revenue, the |
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term "support order" also means a judgment, decree, or order, |
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whether temporary or final, issued by a court of competent |
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jurisdiction for the support and maintenance of a child and the |
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spouse or former spouse of the obligor with whom the child is |
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living which provides for monetary support, health care, |
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arrearages, or past support. |
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Section 2. Paragraph (d) of subsection (1) of section |
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61.13, Florida Statutes, is amended to read: |
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61.13 Custody and support of children; visitation rights; |
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power of court in making orders.-- |
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(1) |
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(d)1. Unless the provisions of subparagraph 3. apply, all |
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child support orders entered on or after January 1, 1985, shall |
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direct that the payments of child support be made as provided in |
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s. 61.181 through the depository in the county where the court |
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is located. All child support orders shall provide the full |
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name,and date of birth, and social security numberof each |
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minor child who is the subject of the child support order. |
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2. Unless the provisions of subparagraph 3. apply, all |
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child support orders entered before January 1, 1985, shall be |
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modified by the court to direct that payments of child support |
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shall be made through the depository in the county where the |
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court is located upon the subsequent appearance of either or |
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both parents to modify or enforce the order, or in any related |
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proceeding. |
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3. If both parties request and the court finds that it is |
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in the best interest of the child, support payments need not be |
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directed through the depository. The order of support shall |
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provide, or shall be deemed to provide, that either party may |
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subsequently apply to the depository to require direction of the |
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payments through the depository. The court shall provide a copy |
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of the order to the depository. |
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4. If the parties elect not to require that support |
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payments be made through the depository, any party may |
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subsequently file an affidavit with the depository alleging a |
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default in payment of child support and stating that the party |
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wishes to require that payments be made through the depository. |
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The party shall provide copies of the affidavit to the court and |
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to each other party. Fifteen days after receipt of the |
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affidavit, the depository shall notify both parties that future |
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payments shall be paid through the depository. |
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5. In IV-D cases, the IV-D agency shall have the same |
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rights as the obligee in requesting that payments be made |
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through the depository. |
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Section 3. Effective July 1, 2003, subsections (1) and (2) |
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of section 61.181, Florida Statutes, are amended to read: |
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61.181 Depository for alimony transactions, support, |
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maintenance, and support payments; fees.-- |
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(1)(a)The office of the clerk of the court shall operate |
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a depository unless the depository is otherwise created by |
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special act of the Legislature or unless, prior to June 1, 1985, |
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a different entity was established to perform such functions. |
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The department shall, no later than July 1, 1998, extend |
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participation in the federal child support cost reimbursement |
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program to the central depository in each county, to the maximum |
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extent possible under existing federal law. The depository shall |
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receive reimbursement for services provided under a cooperative |
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agreement with the department pursuant to s. 61.1826. Each |
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depository shall participate in the State Disbursement Unit and |
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shall implement all statutory and contractual duties imposed on |
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the State Disbursement Unit. Each depository shall receive from |
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and transmit to the State Disbursement Unit required data |
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through the Clerk of Court Child Support Enforcement Collection |
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System. Payments on non-Title IV-D cases without income |
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deduction orders shall not be sent to the State Disbursement |
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Unit.
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(b) Upon request by the Title IV-D agency, the depository |
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created pursuant to paragraph (a) shall establish an account for |
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the receipt and disbursement of support payments for Title IV-D |
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interstate cases. The Title IV-D agency shall provide a copy of |
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the other state’s order with the request and the depository |
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shall advise the Title IV-D agency of the account number in |
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writing within 4 business days after receipt of the request.
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(2)(a) For payments not required to be processed through |
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the State Disbursement Unit, the depository shall impose and |
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collect a fee on each payment made for receiving, recording, |
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reporting, disbursing, monitoring, or handling alimony or child |
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support payments as required under this section. For non-Title |
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IV-D cases required to be processed by the State Disbursement |
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Unit pursuant to this chapter, the State Disbursement Unit |
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shall, on each payment received, collect a fee, and shall |
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transmit to the depository in which the case is located 40 |
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percent of such service charge for the depository's |
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administration, management, and maintenance of such case. If a |
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payment is made to the State Disbursement Unit which is not |
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accompanied by the required fee, the State Disbursement Unit |
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shall not deduct any moneys from the support payment for payment |
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of the fee. The fee shall be a flat fee based, to the extent |
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practicable, upon estimated reasonable costs of operation. The |
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fee shall be reduced in any case in which the fixed fee results |
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in a charge to any party of an amount greater than 3 percent of |
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the amount of any support payment made in satisfaction of the |
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amount which the party is obligated to pay, except that no fee |
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shall be less than $1 nor more than $5 per payment made. The fee |
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shall be considered by the court in determining the amount of |
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support that the obligor is, or may be, required to pay. |
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(b)1. For the period of July 1, 1992, through June 30, |
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2003,The fee imposed in paragraph (a) shall be increased to 4 |
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percent of the support payments which the party is obligated to |
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pay, except that no fee shall be more than $5.25. The fee shall |
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be considered by the court in determining the amount of support |
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that the obligor is, or may be, required to pay. Notwithstanding |
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the provisions of s. 145.022, 75 percent of the additional |
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revenues generated by this paragraph shall be remitted monthly |
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to the Clerk of the Court Child Support Enforcement Collection |
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System Trust Fund administered by the department as provided in |
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subparagraph 2. These funds shall be used exclusively for the |
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development, implementation, and operation of the Clerk of the |
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Court Child Support Enforcement Collection System to be operated |
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by the depositories, including the automation of civil case |
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information necessary for the State Case Registry. The |
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department shall contract with the Florida Association of Court |
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Clerks and the depositories to design, establish, operate, |
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upgrade, and maintain the automation of the depositories to |
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include, but not be limited to, the provision of on-line |
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electronic transfer of information to the IV-D agency as |
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otherwise required by this chapter. The department's obligation |
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to fund the automation of the depositories is limited to the |
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state share of funds available in the Clerk of the Court Child |
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Support Enforcement Collection System Trust Fund. Each |
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depository created under this section shall fully participate in |
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the Clerk of the Court Child Support Enforcement Collection |
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System and transmit data in a readable format as required by the |
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contract between the Florida Association of Court Clerks and the |
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department. |
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2. Moneys to be remitted to the department by the |
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depository shall be done daily by electronic funds transfer and |
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calculated as follows: |
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a. For each support payment of less than $33, 18.75 cents. |
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b. For each support payment between $33 and $140, an |
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amount equal to 18.75 percent of the fee charged. |
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c. For each support payment in excess of $140, 18.75 |
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cents. |
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3. The fees established by this section shall be set forth |
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and included in every order of support entered by a court of |
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this state which requires payment to be made into the |
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depository. |
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Section 4. Paragraph (c) of subsection (14) of section |
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120.80, Florida Statutes, is amended to read: |
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120.80 Exceptions and special requirements; agencies.-- |
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(14) DEPARTMENT OF REVENUE.-- |
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(c) Proceedings for administrative support orders.--In |
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proceedings for the establishment of administrative support |
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orders pursuant to s. 409.2563, final orders in cases referred |
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by the Department of Revenue to the Division of Administrative |
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Hearings shall be entered by the division's administrative law |
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judge and transmitted to the Department of Revenue for filing |
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and rendering. The Department of Revenue has the right to seek |
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judicial review under s. 120.68 of a final order entered by an |
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administrative law judge. Administrative support orders rendered |
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pursuant to s. 409.2563 may be enforced pursuant to s. 120.69 |
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or, alternatively, by any method prescribed by law for the |
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enforcement of judicial support orders, except contempt. |
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Whenever practicable, hearings held by the Division of |
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Administrative Hearings pursuant to s. 409.2563 shall be held in |
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the judicial circuit where the person receiving services under |
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Title IV-D resides or, if the person receiving services under |
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Title IV-D does not reside in this state, in the judicial |
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circuit where the respondent resides. If the department and the |
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respondent agree, the hearing may be held in another location. |
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Section 5. Effective July 1, 2003, paragraph (c) of |
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subsection (2) of section 382.013, Florida Statutes, is amended |
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to read: |
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382.013 Birth registration.--A certificate for each live |
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birth that occurs in this state shall be filed within 5 days |
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after such birth with the local registrar of the district in |
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which the birth occurred and shall be registered by the local |
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registrar if the certificate has been completed and filed in |
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accordance with this chapter and adopted rules. The information |
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regarding registered births shall be used for comparison with |
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information in the state case registry, as defined in chapter |
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61. |
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(2) PATERNITY.-- |
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(c) If the mother is not married at the time of the birth, |
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the name of the father may not be entered on the birth |
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certificate without the execution of an affidavit signed by both |
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the mother and the person to be named as the father. The |
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facility shall give notice orally or through the use of video or |
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audio equipment, and in writing, of the alternatives to, the |
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legal consequences of, and the rights, including, if one parent |
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is a minor, any rights afforded due to minority status, and |
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responsibilities that arise from signing an acknowledgment of |
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paternity, as well as information provided by the Title IV-D |
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agency established pursuant to s. 409.2557, regarding the |
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benefits of voluntary establishment of paternity. Upon request |
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of the mother and the person to be named as the father, the |
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facility shall assist in the execution of the affidavit,ora |
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notarized voluntary acknowledgment of paternity, or a voluntary |
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acknowledgment of paternity that is witnessed by two individuals |
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and signed under penalty of perjury as specified by s. |
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92.525(2). |
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Section 6. Effective July 1, 2003, paragraph (b) of |
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subsection (1) of section 382.016, Florida Statutes, is amended |
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to read: |
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382.016 Amendment of records.--The department, upon |
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receipt of the fee prescribed in s. 382.0255; documentary |
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evidence, as specified by rule, of any misstatement, error, or |
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omission occurring in any birth, death, or fetal death record; |
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and an affidavit setting forth the changes to be made, shall |
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amend or replace the original certificate as necessary. |
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(1) CERTIFICATE OF LIVE BIRTH AMENDMENT.-- |
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(b) Upon written request and receipt of an affidavit, aor |
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notarized voluntary acknowledgment of paternity, or a voluntary |
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acknowledgment of paternity that is witnessed by two individuals |
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and signed under penalty of perjury as specified by s. 92.525(2) |
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that issigned by the mother and father acknowledging the |
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paternity of a registrant born out of wedlock, together with |
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sufficient information to identify the original certificate of |
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live birth, the department shall prepare a new birth |
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certificate, which shall bear the same file number as the |
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original birth certificate. The names and identifying |
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information of the parents shall be entered as of the date of |
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the registrant's birth. The surname of the registrant may be |
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changed from that shown on the original birth certificate at the |
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request of the mother and father of the registrant, or the |
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registrant if of legal age. If the mother and father marry each |
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other at any time after the registrant's birth, the department |
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shall, upon the request of the mother and father or registrant |
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if of legal age and proof of the marriage, amend the certificate |
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with regard to the parents' marital status as though the parents |
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were married at the time of birth. The department shall |
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substitute the new certificate of birth for the original |
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certificate on file. All copies of the original certificate of |
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live birth in the custody of a local registrar or other state |
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custodian of vital records shall be forwarded to the State |
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Registrar. Thereafter, when a certified copy of the certificate |
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of birth or portion thereof is issued, it shall be a copy of the |
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new certificate of birth or portion thereof, except when a court |
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order requires issuance of a certified copy of the original |
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certificate of birth. The department shall place the original |
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certificate of birth and all papers pertaining thereto under |
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seal, not to be broken except by order of a court of competent |
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jurisdiction or as otherwise provided by law. |
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Section 7. Effective July 1, 2003, subsection (3) of |
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section 409.2557, Florida Statutes, is amended to read: |
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409.2557 State agency for administering child support |
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enforcement program.-- |
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(3) SPECIFIC RULEMAKING AUTHORITY.--The department has the |
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authority to adopt rules pursuant to ss. 120.536(1) and 120.54 |
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to implement all laws administered by the department in its |
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capacity as the Title IV-D agency for this state including, but |
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not limited to, the following: |
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(a) Background screening of department employees and |
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applicants, including criminal records checks; |
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(b) Confidentiality and retention of department records; |
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access to records; record requests; |
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(c) Department trust funds; |
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(d) Federal funding procedures; |
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(e) Agreements with law enforcement and other state |
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agencies; National Crime Information Center (NCIC) access; |
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Parent Locator Service access; |
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(f) Written agreements entered into between the department |
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and support obligors in establishment, enforcement, and |
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modification proceedings; |
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(g) Procurement of services by the department, pilot |
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programs, and demonstration projects; |
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(h) Management of cases by the department involving any |
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documentation or procedures required by federal or state law, |
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including but not limited to, cooperation; review and |
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adjustment; audits; interstate actions; diligent efforts for |
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service of process; |
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(i) Department procedures for orders for genetic testing; |
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subpoenas to establish, enforce, or modify orders; increasing |
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the amount of monthly obligations to secure delinquent support; |
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suspending or denying driver's and professional licenses and |
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certificates; fishing and hunting license suspensions; |
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suspending vehicle and vessel registrations; screening |
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applicants for new or renewal licenses, registrations, or |
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certificates; income deduction; credit reporting and accessing; |
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tax refund intercepts; passport denials; liens; financial |
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institution data matches; expedited procedures; medical support; |
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and all other responsibilities of the department as required by |
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state or federal law; |
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(j) Collection and disbursement of support and alimony |
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payments by the department as required by federal law; |
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collection of genetic testing costs and other costs awarded by |
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the court; |
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(k) Report information to and receive information from |
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other agencies and entities; |
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(l) Provide location services, including accessing from |
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and reporting to federal and state agencies; |
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(m) Privatizing location, establishment, enforcement, |
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modification, and other functions; |
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(n) State case registry; |
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(o) State disbursement unit; |
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(p) Administrative proceedings to establish child-support |
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obligations; and
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(q) Insurer reporting of liability claims, withholding of |
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insurance payments for unpaid support, and reporting of weekly |
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workers’ compensation; and
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(r)(q)All other responsibilities of the department as |
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required by state or federal law. |
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Section 8. Paragraph (b) of subsection (2) of section |
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409.2558, Florida Statutes, is amended to read: |
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409.2558 Support distribution and disbursement.-- |
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(2) UNDISTRIBUTABLE COLLECTIONS.-- |
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(b) Collections that are determined to be undistributable |
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shall be processed in the following order of priority: |
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1. Apply the payment to any assigned arrears on the |
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custodial parent's case; then |
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2. Apply the payment to any administrative costs ordered |
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by the court pursuant to s. 409.2567 associated with the |
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custodial parent's case; then |
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3. When the noncustodial parent is subject to a valid |
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order to support another childother children in aanothercase |
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with a different custodial parent and the obligation is being |
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enforced by the department, the department shall mail a notice |
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to the noncustodial parent at the most recent known address in |
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the department's records, stating the department's intention to |
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apply the payment pursuant to this subparagraph, and advising |
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the noncustodial parent of the right to contest the department's |
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proposed action in the circuit court by filing and serving a |
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petition on the department within 20 days after the mailing date |
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of the department's notice. If the noncustodial parent does not |
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file and serve a petition within the 20 days, or upon a |
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disposition of the judicial action favorable to the department, |
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the department shall, with the noncustodial parent's permission, |
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apply the payment towards his or her other support obligation. |
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If there is more than one such other case, the department shall |
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allocate the remaining undistributable amount as specified by s. |
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61.1301(4)(c); then |
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4. Return the payment to the noncustodial parent; then |
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5. If the noncustodial parent cannot be located after |
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diligent efforts by the department, the federal share of the |
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payment shall be credited to the Federal Government and the |
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state share shall be transferred to the General Revenue Fund. |
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Section 9. Subsection (1) of section 409.2561, Florida |
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Statutes, is amended to read: |
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409.2561 Support obligations when public assistance is |
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paid; assignment of rights; subrogation; medical and health |
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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. |