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.