HB 1761 2003
1	CHAMBER ACTION
2
3
4
5
6	The Committee on Judiciary recommends the following:
7
8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to child support; amending s. 61.046,
12	F.S.; redefining the term “support order” for purposes of
13	ch. 61, F.S., to include an order of an administrative
14	agency; amending s. 61.13, F.S.; deleting the requirement
15	that a child support order include the minor’s social
16	security number; amending s. 61.181, F.S.; requiring the
17	clerk of the court to establish an account for interstate
18	cases; providing for the continuation of a fee; amending
19	s. 120.80, F.S.; providing for the location of an
20	administrative hearing; amending ss. 382.013 and 382.016,
21	F.S.; permitting voluntary acknowledgements of paternity
22	which are witnessed; amending s. 409.2557, F.S.;
23	authorizing the Department of Revenue to adopt rules to
24	administer the withholding of insurance payments; amending
25	s. 409.2558, F.S.; providing for a notice to the
26	noncustodial parent in applying an undistributable support
27	collection to another support order; amending s. 409.2561,
28	F.S.; providing for the Department of Revenue to establish
29	the obligation of support; amending s. 409.2563, F.S.;
30	providing for the noncustodial parent to request that the
31	Department of Revenue proceed in circuit court to
32	determine the support obligation; revising the
33	requirements under which a noncustodial parent may
34	petition the circuit court to determine the support
35	obligation; providing that the Department of Revenue is a
36	party to court action only with respect to issues of
37	support; amending s. 409.25656, F.S.; providing for the
38	recovery of fees in liquidating securities for the support
39	owed; creating s. 409.25659, F.S.; providing for
40	withholding insurance payments for unpaid support;
41	providing definitions; specifying the duties of the
42	insurer; providing that unpaid support constitutes a lien
43	against an insurance claim; providing for notice to the
44	obligor; providing for payment to the Department of
45	Revenue; providing for an exemption for certain fees and
46	expenses; providing rulemaking authority; amending s.
47	409.257, F.S.; permitting the use of any means of service
48	of process under ch. 48, F.S.; amending s. 409.2572, F.S.;
49	revising the definition of noncooperation or failure to
50	cooperate as applied to an applicant for or a recipient of
51	public assistance; amending s. 409.259, F.S.; revising the
52	manner of reimbursement to the clerk of the court for
53	court filings in Title IV-D cases; creating s. 440.123,
54	F.S.; requiring an insurer paying workers’ compensation
55	insurance to inquire about unpaid child support; amending
56	s. 440.20, F.S.; requiring the judge of compensation
57	claims to obtain information on the support owed; amending
58	s. 742.10, F.S.; permitting voluntary acknowledgements of
59	paternity which are witnessed; providing effective dates.
60
61	Be It Enacted by the Legislature of the State of Florida:
62
63	Section 1. Subsection (19) of section 61.046, Florida
64	Statutes, is amended to read:
65	61.046 Definitions.--As used in this chapter:
66	(19) "Support order" means a judgment, decree, or order,
67	whether temporary or final, issued by a court of competent
68	jurisdiction or administrative agencyfor the support and
69	maintenance of a child which provides for monetary support,
70	health care, arrearages, or past support. When the child support
71	obligation is being enforced by the Department of Revenue, the
72	term "support order" also means a judgment, decree, or order,
73	whether temporary or final, issued by a court of competent
74	jurisdiction for the support and maintenance of a child and the
75	spouse or former spouse of the obligor with whom the child is
76	living which provides for monetary support, health care,
77	arrearages, or past support.
78	Section 2. Paragraph (d) of subsection (1) of section
79	61.13, Florida Statutes, is amended to read:
80	61.13 Custody and support of children; visitation rights;
81	power of court in making orders.--
82	(1)
83	(d)1. Unless the provisions of subparagraph 3. apply, all
84	child support orders entered on or after January 1, 1985, shall
85	direct that the payments of child support be made as provided in
86	s. 61.181 through the depository in the county where the court
87	is located. All child support orders shall provide the full
88	name,and date of birth, and social security numberof each
89	minor child who is the subject of the child support order.
90	2. Unless the provisions of subparagraph 3. apply, all
91	child support orders entered before January 1, 1985, shall be
92	modified by the court to direct that payments of child support
93	shall be made through the depository in the county where the
94	court is located upon the subsequent appearance of either or
95	both parents to modify or enforce the order, or in any related
96	proceeding.
97	3. If both parties request and the court finds that it is
98	in the best interest of the child, support payments need not be
99	directed through the depository. The order of support shall
100	provide, or shall be deemed to provide, that either party may
101	subsequently apply to the depository to require direction of the
102	payments through the depository. The court shall provide a copy
103	of the order to the depository.
104	4. If the parties elect not to require that support
105	payments be made through the depository, any party may
106	subsequently file an affidavit with the depository alleging a
107	default in payment of child support and stating that the party
108	wishes to require that payments be made through the depository.
109	The party shall provide copies of the affidavit to the court and
110	to each other party. Fifteen days after receipt of the
111	affidavit, the depository shall notify both parties that future
112	payments shall be paid through the depository.
113	5. In IV-D cases, the IV-D agency shall have the same
114	rights as the obligee in requesting that payments be made
115	through the depository.
116	Section 3. Effective July 1, 2003, subsections (1) and (2)
117	of section 61.181, Florida Statutes, are amended to read:
118	61.181 Depository for alimony transactions, support,
119	maintenance, and support payments; fees.--
120	(1)(a)The office of the clerk of the court shall operate
121	a depository unless the depository is otherwise created by
122	special act of the Legislature or unless, prior to June 1, 1985,
123	a different entity was established to perform such functions.
124	The department shall, no later than July 1, 1998, extend
125	participation in the federal child support cost reimbursement
126	program to the central depository in each county, to the maximum
127	extent possible under existing federal law. The depository shall
128	receive reimbursement for services provided under a cooperative
129	agreement with the department pursuant to s. 61.1826. Each
130	depository shall participate in the State Disbursement Unit and
131	shall implement all statutory and contractual duties imposed on
132	the State Disbursement Unit. Each depository shall receive from
133	and transmit to the State Disbursement Unit required data
134	through the Clerk of Court Child Support Enforcement Collection
135	System. Payments on non-Title IV-D cases without income
136	deduction orders shall not be sent to the State Disbursement
137	Unit.
138	(b) Upon request by the Title IV-D agency, the depository
139	created pursuant to paragraph (a) shall establish an account for
140	the receipt and disbursement of support payments for Title IV-D
141	interstate cases. The Title IV-D agency shall provide a copy of
142	the other state’s order with the request and the depository
143	shall advise the Title IV-D agency of the account number in
144	writing within 4 business days after receipt of the request.
145	(2)(a) For payments not required to be processed through
146	the State Disbursement Unit, the depository shall impose and
147	collect a fee on each payment made for receiving, recording,
148	reporting, disbursing, monitoring, or handling alimony or child
149	support payments as required under this section. For non-Title
150	IV-D cases required to be processed by the State Disbursement
151	Unit pursuant to this chapter, the State Disbursement Unit
152	shall, on each payment received, collect a fee, and shall
153	transmit to the depository in which the case is located 40
154	percent of such service charge for the depository's
155	administration, management, and maintenance of such case. If a
156	payment is made to the State Disbursement Unit which is not
157	accompanied by the required fee, the State Disbursement Unit
158	shall not deduct any moneys from the support payment for payment
159	of the fee. The fee shall be a flat fee based, to the extent
160	practicable, upon estimated reasonable costs of operation. The
161	fee shall be reduced in any case in which the fixed fee results
162	in a charge to any party of an amount greater than 3 percent of
163	the amount of any support payment made in satisfaction of the
164	amount which the party is obligated to pay, except that no fee
165	shall be less than $1 nor more than $5 per payment made. The fee
166	shall be considered by the court in determining the amount of
167	support that the obligor is, or may be, required to pay.
168	(b)1. For the period of July 1, 1992, through June 30,
169	2003,The fee imposed in paragraph (a) shall be increased to 4
170	percent of the support payments which the party is obligated to
171	pay, except that no fee shall be more than $5.25. The fee shall
172	be considered by the court in determining the amount of support
173	that the obligor is, or may be, required to pay. Notwithstanding
174	the provisions of s. 145.022, 75 percent of the additional
175	revenues generated by this paragraph shall be remitted monthly
176	to the Clerk of the Court Child Support Enforcement Collection
177	System Trust Fund administered by the department as provided in
178	subparagraph 2. These funds shall be used exclusively for the
179	development, implementation, and operation of the Clerk of the
180	Court Child Support Enforcement Collection System to be operated
181	by the depositories, including the automation of civil case
182	information necessary for the State Case Registry. The
183	department shall contract with the Florida Association of Court
184	Clerks and the depositories to design, establish, operate,
185	upgrade, and maintain the automation of the depositories to
186	include, but not be limited to, the provision of on-line
187	electronic transfer of information to the IV-D agency as
188	otherwise required by this chapter. The department's obligation
189	to fund the automation of the depositories is limited to the
190	state share of funds available in the Clerk of the Court Child
191	Support Enforcement Collection System Trust Fund. Each
192	depository created under this section shall fully participate in
193	the Clerk of the Court Child Support Enforcement Collection
194	System and transmit data in a readable format as required by the
195	contract between the Florida Association of Court Clerks and the
196	department.
197	2. Moneys to be remitted to the department by the
198	depository shall be done daily by electronic funds transfer and
199	calculated as follows:
200	a. For each support payment of less than $33, 18.75 cents.
201	b. For each support payment between $33 and $140, an
202	amount equal to 18.75 percent of the fee charged.
203	c. For each support payment in excess of $140, 18.75
204	cents.
205	3. The fees established by this section shall be set forth
206	and included in every order of support entered by a court of
207	this state which requires payment to be made into the
208	depository.
209	Section 4. Paragraph (c) of subsection (14) of section
210	120.80, Florida Statutes, is amended to read:
211	120.80 Exceptions and special requirements; agencies.--
212	(14) DEPARTMENT OF REVENUE.--
213	(c) Proceedings for administrative support orders.--In
214	proceedings for the establishment of administrative support
215	orders pursuant to s. 409.2563, final orders in cases referred
216	by the Department of Revenue to the Division of Administrative
217	Hearings shall be entered by the division's administrative law
218	judge and transmitted to the Department of Revenue for filing
219	and rendering. The Department of Revenue has the right to seek
220	judicial review under s. 120.68 of a final order entered by an
221	administrative law judge. Administrative support orders rendered
222	pursuant to s. 409.2563 may be enforced pursuant to s. 120.69
223	or, alternatively, by any method prescribed by law for the
224	enforcement of judicial support orders, except contempt.
225	Hearings held by the Division of Administrative Hearings
226	pursuant to s. 409.2563 shall be held in the judicial circuit
227	where the person receiving services under Title IV-D resides or,
228	if the person receiving services under Title IV-D does not
229	reside in this state, in the judicial circuit where the
230	respondent resides. If the department and the respondent agree,
231	the hearing may be held in another location.
232	Section 5. Effective July 1, 2003, paragraph (c) of
233	subsection (2) of section 382.013, Florida Statutes, is amended
234	to read:
235	382.013 Birth registration.--A certificate for each live
236	birth that occurs in this state shall be filed within 5 days
237	after such birth with the local registrar of the district in
238	which the birth occurred and shall be registered by the local
239	registrar if the certificate has been completed and filed in
240	accordance with this chapter and adopted rules. The information
241	regarding registered births shall be used for comparison with
242	information in the state case registry, as defined in chapter
243	61.
244	(2) PATERNITY.--
245	(c) If the mother is not married at the time of the birth,
246	the name of the father may not be entered on the birth
247	certificate without the execution of an affidavit signed by both
248	the mother and the person to be named as the father. The
249	facility shall give notice orally or through the use of video or
250	audio equipment, and in writing, of the alternatives to, the
251	legal consequences of, and the rights, including, if one parent
252	is a minor, any rights afforded due to minority status, and
253	responsibilities that arise from signing an acknowledgment of
254	paternity, as well as information provided by the Title IV-D
255	agency established pursuant to s. 409.2557, regarding the
256	benefits of voluntary establishment of paternity. Upon request
257	of the mother and the person to be named as the father, the
258	facility shall assist in the execution of the affidavit,ora
259	notarized voluntary acknowledgment of paternity, or a voluntary
260	acknowledgment of paternity that is witnessed by two individuals
261	and signed under penalty of perjury as specified by s.
262	92.525(2).
263	Section 6. Effective July 1, 2003, paragraph (b) of
264	subsection (1) of section 382.016, Florida Statutes, is amended
265	to read:
266	382.016 Amendment of records.--The department, upon
267	receipt of the fee prescribed in s. 382.0255; documentary
268	evidence, as specified by rule, of any misstatement, error, or
269	omission occurring in any birth, death, or fetal death record;
270	and an affidavit setting forth the changes to be made, shall
271	amend or replace the original certificate as necessary.
272	(1) CERTIFICATE OF LIVE BIRTH AMENDMENT.--
273	(b) Upon written request and receipt of an affidavit, aor
274	notarized voluntary acknowledgment of paternity, or a voluntary
275	acknowledgment of paternity that is witnessed by two individuals
276	and signed under penalty of perjury as specified by s. 92.525(2)
277	that issigned by the mother and father acknowledging the
278	paternity of a registrant born out of wedlock, together with
279	sufficient information to identify the original certificate of
280	live birth, the department shall prepare a new birth
281	certificate, which shall bear the same file number as the
282	original birth certificate. The names and identifying
283	information of the parents shall be entered as of the date of
284	the registrant's birth. The surname of the registrant may be
285	changed from that shown on the original birth certificate at the
286	request of the mother and father of the registrant, or the
287	registrant if of legal age. If the mother and father marry each
288	other at any time after the registrant's birth, the department
289	shall, upon the request of the mother and father or registrant
290	if of legal age and proof of the marriage, amend the certificate
291	with regard to the parents' marital status as though the parents
292	were married at the time of birth. The department shall
293	substitute the new certificate of birth for the original
294	certificate on file. All copies of the original certificate of
295	live birth in the custody of a local registrar or other state
296	custodian of vital records shall be forwarded to the State
297	Registrar. Thereafter, when a certified copy of the certificate
298	of birth or portion thereof is issued, it shall be a copy of the
299	new certificate of birth or portion thereof, except when a court
300	order requires issuance of a certified copy of the original
301	certificate of birth. The department shall place the original
302	certificate of birth and all papers pertaining thereto under
303	seal, not to be broken except by order of a court of competent
304	jurisdiction or as otherwise provided by law.
305	Section 7. Effective July 1, 2003, subsection (3) of
306	section 409.2557, Florida Statutes, is amended to read:
307	409.2557 State agency for administering child support
308	enforcement program.--
309	(3) SPECIFIC RULEMAKING AUTHORITY.--The department has the
310	authority to adopt rules pursuant to ss. 120.536(1) and 120.54
311	to implement all laws administered by the department in its
312	capacity as the Title IV-D agency for this state including, but
313	not limited to, the following:
314	(a) Background screening of department employees and
315	applicants, including criminal records checks;
316	(b) Confidentiality and retention of department records;
317	access to records; record requests;
318	(c) Department trust funds;
319	(d) Federal funding procedures;
320	(e) Agreements with law enforcement and other state
321	agencies; National Crime Information Center (NCIC) access;
322	Parent Locator Service access;
323	(f) Written agreements entered into between the department
324	and support obligors in establishment, enforcement, and
325	modification proceedings;
326	(g) Procurement of services by the department, pilot
327	programs, and demonstration projects;
328	(h) Management of cases by the department involving any
329	documentation or procedures required by federal or state law,
330	including but not limited to, cooperation; review and
331	adjustment; audits; interstate actions; diligent efforts for
332	service of process;
333	(i) Department procedures for orders for genetic testing;
334	subpoenas to establish, enforce, or modify orders; increasing
335	the amount of monthly obligations to secure delinquent support;
336	suspending or denying driver's and professional licenses and
337	certificates; fishing and hunting license suspensions;
338	suspending vehicle and vessel registrations; screening
339	applicants for new or renewal licenses, registrations, or
340	certificates; income deduction; credit reporting and accessing;
341	tax refund intercepts; passport denials; liens; financial
342	institution data matches; expedited procedures; medical support;
343	and all other responsibilities of the department as required by
344	state or federal law;
345	(j) Collection and disbursement of support and alimony
346	payments by the department as required by federal law;
347	collection of genetic testing costs and other costs awarded by
348	the court;
349	(k) Report information to and receive information from
350	other agencies and entities;
351	(l) Provide location services, including accessing from
352	and reporting to federal and state agencies;
353	(m) Privatizing location, establishment, enforcement,
354	modification, and other functions;
355	(n) State case registry;
356	(o) State disbursement unit;
357	(p) Administrative proceedings to establish child-support
358	obligations; and
359	(q) Insurer reporting of liability claims, withholding of
360	insurance payments for unpaid support, and reporting of weekly
361	workers’ compensation; and
362	(r)(q)All other responsibilities of the department as
363	required by state or federal law.
364	Section 8. Paragraph (b) of subsection (2) of section
365	409.2558, Florida Statutes, is amended to read:
366	409.2558 Support distribution and disbursement.--
367	(2) UNDISTRIBUTABLE COLLECTIONS.--
368	(b) Collections that are determined to be undistributable
369	shall be processed in the following order of priority:
370	1. Apply the payment to any assigned arrears on the
371	custodial parent's case; then
372	2. Apply the payment to any administrative costs ordered
373	by the court pursuant to s. 409.2567 associated with the
374	custodial parent's case; then
375	3. When the noncustodial parent is subject to a valid
376	order to support another childother children in aanothercase
377	with a different custodial parent and the obligation is being
378	enforced by the department, the department shall send by
379	certified mail, return receipt requested, to the noncustodial
380	parent at the most recent address provided by the noncustodial
381	parent to the tribunal that issued the order a notice stating
382	the department’s intention to apply the payment pursuant to this
383	subparagraph and advising the noncustodial parent of the right
384	to contest the department’s proposed action in the circuit court
385	by filing and serving a petition on the department within 20
386	days after receipt of the notice. If the noncustodial parent
387	does not file and serve a petition within 20 days after receipt
388	of the notice, or upon a disposition of the judicial action
389	favorable to the department, the department shall, with the
390	noncustodial parent's permission,apply the payment towards his
391	or her other support obligation. If there is more than one such
392	other case, the department shall allocate the remaining
393	undistributable amount as specified by s. 61.1301(4)(c); then
394	4. Return the payment to the noncustodial parent; then
395	5. If the noncustodial parent cannot be located after
396	diligent efforts by the department, the federal share of the
397	payment shall be credited to the Federal Government and the
398	state share shall be transferred to the General Revenue Fund.
399	Section 9. Subsection (1) of section 409.2561, Florida
400	Statutes, is amended to read:
401	409.2561 Support obligations when public assistance is
402	paid; assignment of rights; subrogation; medical and health
403	insurance information.--
404	(1) Any payment of temporary cash or Title IV-E assistance
405	made to, or for the benefit of, any dependent child creates an
406	obligation in an amount determined pursuant to the child support
407	guidelines. In accordance with 42 U.S.C. s. 657, the state shall
408	retain amounts collected only to the extent necessary to
409	reimburse amounts paid to the family as assistance by the state.
410	Such amounts collected shall be deposited into the General
411	Revenue Fund up to the level specified in s. 61.1812. If there
412	has been a prior supportcourtorder or final judgment of
413	dissolution of marriage establishing an obligation of support,
414	the obligation is limited to the amount provided by such support
415	courtorder or decree. The extraordinary remedy of contempt is
416	applicable in child support enforcement cases because of the
417	public necessity for ensuring that dependent children be
418	maintained from the resources of their parents, thereby
419	relieving, at least in part, the burden presently borne by the
420	general citizenry through the public assistance program. If
421	there is no prior supportcourt order establishing an obligation
422	of support, the court, or the department as provided by s.
423	409.2563,shall establish the liability of the obligor, if any,
424	by applying the child support guidelines. The department may
425	apply for modification of a supportcourtorder on the same
426	grounds as either party to the cause and shall have the right to
427	settle and compromise actions brought pursuant to law.
428	Section 10. Paragraph (m) of subsection (4) of section
429	409.2563, Florida Statutes, is amended to read:
430	409.2563 Administrative establishment of child support
431	obligations.--
432	(4) NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
433	SUPPORT ORDER.--To commence a proceeding under this section, the
434	department shall provide to the custodial parent and serve the
435	noncustodial parent with a notice of proceeding to establish
436	administrative support order and a blank financial affidavit
437	form. The notice must state:
438	(m) That, neither the department nor the Division of
439	Administrative Hearings has jurisdiction to award or change
440	child custody or rights of parental contact and these issues may
441	only be addressed in circuit court.
442	1. The noncustodial parent may request in writing that the
443	department proceed in circuit court to determine his or her
444	support obligations.
445	2. The noncustodial parent may state in writing to the
446	department his or her intention to address issues concerning
447	custody or rights to parental contact in circuit court.
448	3. If the noncustodial parent submits the request
449	mentioned in subparagraph 1., or the statement mentioned in
450	subparagraph 2., to the department within 20 days after receipt
451	of the initial notice, the department shall file a petition in
452	circuit court for the determination of the noncustodial parent’s
453	child support obligations, and shall send to the noncustodial
454	parent a copy of its petition, a notice of commencement of
455	action, and a request for waiver of service of process as
456	provided in the Rules of Civil Procedure.
457	4. If, within 10 days after receipt of the department's
458	petition and waiver of service, the noncustodial parent signs
459	and returns the waiver of service form to the department, the
460	department shall terminate the administrative proceeding without
461	prejudice and proceed in circuit court.
462	5. In any circuit court action brought by the department
463	pursuant to this subsection, or brought by a noncustodial parent
464	or other person pursuant to paragraph (l) or paragraph (n), the
465	department shall be a party only with respect to those issues of
466	support allowed and reimbursable under Title IV-D of the Social
467	Security Act. It is the responsibility of the noncustodial
468	parent or other person to take the necessary steps to present
469	other issues they wish to have the court consider.That if the
470	noncustodial parent has issues regarding child custody or right
471	of parental contact or requests to proceed in circuit court, the
472	noncustodial parent may request in writing that the department
473	proceed in circuit court to determine support. That the
474	noncustodial parent must make such request in writing within 20
475	days after receipt of the initial notice. That upon such
476	request, the department shall send the noncustodial parent by
477	regular mail a copy of the department's petition and waiver of
478	service form. That the noncustodial parent must sign and return
479	the waiver of service form, within 10 days of receipt of the
480	petition, at which time the department shall terminate the
481	administrative proceeding and file an action in circuit court to
482	determine support;
483
484	The department may serve the notice of proceeding to establish
485	administrative support order by certified mail, restricted
486	delivery, return receipt requested. Alternatively, the
487	department may serve the notice by any means permitted for
488	service of process in a civil action. For purposes of this
489	section, an authorized employee of the department may serve the
490	notice and execute an affidavit of service. Service by certified
491	mail is completed when the certified mail is received or refused
492	by the addressee or by an authorized agent as designated by the
493	addressee in writing. If a person other than the addressee signs
494	the return receipt, the department shall attempt to reach the
495	addressee by telephone to confirm whether the notice was
496	received, and the department shall document any telephonic
497	communications. If someone other than the addressee signs the
498	return receipt, the addressee does not respond to the notice,
499	and the department is unable to confirm that the addressee has
500	received the notice, service is not completed and the department
501	shall attempt to have the addressee served personally. The
502	department shall provide the custodial parent or caretaker
503	relative with a copy of the notice by regular mail to the last
504	known address of the custodial parent or caretaker.
505	Section 11. Subsection (3) of section 409.25656, Florida
506	Statutes, is amended to read:
507	409.25656 Garnishment.--
508	(3) During the last 30 days of the 60-day period set forth
509	in subsection (1), the executive director or his or her designee
510	may levy upon such credits, personal property, or debts. The
511	levy must be accomplished by delivery of a notice of levy by
512	registered mail, upon receipt of which the person possessing the
513	credits, other personal property, or debts shall transfer them
514	to the department or pay to the department the amount owed by
515	the obligor. If the department levies upon securities and the
516	value of the securities is less than the total amount of past
517	due or overdue support, the person who possesses or controls the
518	securities shall liquidate the securities in a commercially
519	reasonable manner. After liquidation, the person shall transfer
520	to the department the proceeds, less any applicable commissions
521	or fees, or both, which are charged in the normal course of
522	business. If the value of the securities exceeds the total
523	amount of past due or overdue support, the obligor may, within 7
524	days after receipt of the department's notice of levy, instruct
525	the person who possesses or controls the securities which
526	securities are to be sold to satisfy the obligation for past due
527	or overdue support. If the obligor does not provide instructions
528	for liquidation, the person who possesses or controls the
529	securities shall liquidate the securities in a commercially
530	reasonable manner andin an amount sufficient to cover the
531	obligation for past due or overdue support, andlessany
532	applicable commissions or fees, or both, which are charged in
533	the normal course of business, beginning with the securities
534	purchased most recently. After liquidation, the person who
535	possesses or controls the securities shall transfer to the
536	department the total amount of past due or overdue support.
537	Section 12. Effective July 1, 2003, section 409.25659,
538	Florida Statutes, is created to read:
539	409.25659 Withholding of insurance payment for unpaid
540	support.--
541	(1) DEFINITIONS.--As used in this section, the term:
542	(a) “Insurer” means an entity that is responsible for
543	paying a claim on liability coverage in an insurance contract
544	and which is:
545	1. An insurer, as defined in s. 624.03, authorized to
546	transact insurance in this state;
547	2. An eligible surplus lines insurer pursuant to part VIII of
548	chapter 626;
549	3. A joint underwriter or joint reinsurer created by law
550	or otherwise operating pursuant to s. 627.311; or
551	4. An insurance risk apportionment plan operating pursuant
552	to s. 627.351.
553	(b) “Claim" means a claim on liability coverage in an
554	insurance contract payable to an individual, or to a third party
555	for the benefit of an individual, who is a resident of this
556	state or who had an accident or loss that occurred in this
557	state.
558	(2) INDIVIDUALS WHO OWE UNPAID SUPPORT; INSURER DUTY TO
559	INQUIRE; DUTY TO WITHHOLD PAYMENT.--
560	(a) The department shall periodically make available from
561	a secure web-enabled database or other centralized source to
562	insurers who are subject to this section information concerning
563	obligors in Title IV-D cases who owe unpaid support in excess of
564	$500. For each obligor, the department shall provide, at a
565	minimum, the obligor’s name, social security number, last known
566	address, and the amount of unpaid support owed.
567	(b) Not more than 30 days before paying a claim, the
568	insurer shall inquire of the department pursuant to paragraph
569	(a) whether the claimant is an individual who owes unpaid
570	support by providing the department with the individual’s name,
571	date of birth, social security number, and last known address
572	according to the insurer's records; the claim number; the date
573	of claim; the name of the insurer; and how the insurer may be
574	contacted. Within 30 days after inquiry, the department shall
575	notify the insurer whether the individual owes unpaid support
576	and, if so, the amount owed. An insurer shall withhold payment
577	on a claim until the department notifies the insurer that the
578	individual does not owe unpaid support or otherwise releases the
579	insurer in writing from the duty to withhold.
580	(3) NOTICE OF DEMAND FOR PAYMENT; LIEN FOR AMOUNT OF
581	UNPAID SUPPORT.--If the department determines pursuant to
582	subsection (2) that the individual owes unpaid support, the
583	department shall issue a written demand for payment to the
584	insurer, which may be transmitted electronically. A demand for
585	payment issued under this subsection constitutes a lien against
586	the obligor’s claim for the amount of unpaid support stated in
587	the demand and any unpaid support that accrues subsequently. The
588	lien becomes effective when the demand for payment is received
589	by the insurer and is in addition to any preexisting lien for
590	unpaid support. Upon receipt of a demand for payment, the
591	insurer shall provide the department with the name and address
592	of the obligor’s attorney or agent, if known, the amount
593	withheld, the date payment was withheld, and other known
594	information concerning the location, earnings, and assets of the
595	obligor. An insurer who is subject to a demand for payment on a
596	claim may not pay over, release, encumber, assign, or otherwise
597	transfer payment subject to the demand without written
598	authorization by the department or an order of the court.
599	(4) NOTICE TO OBLIGOR; ADMINISTRATIVE HEARING; JUDICIAL
600	REVIEW.--
601	(a) Upon issuing a demand for payment, the department
602	shall promptly provide a copy to the obligor and notify the
603	obligor in writing of the right to contest the demand for
604	payment by filing a written request for an administrative
605	hearing with the department within 21 days after the date of
606	mailing or personal delivery of the notice. Mailing of the
607	notice to the obligor’s last known address is deemed adequate
608	notice. Failure to make a timely written request for a hearing
609	is deemed a waiver of the right to hearing. The department also
610	shall provide a copy of the demand for payment and notice to the
611	obligor’s attorney or agent, if known.
612	(b) Any person whose substantial interests are affected by
613	the department’s demand for payment may request an
614	administrative hearing as provided by chapter 120. Chapter 120
615	and the Uniform Rules of Procedure govern how administrative
616	hearings are conducted and the entry of final orders. Final
617	orders rendered under this section are subject to judicial
618	review as provided by s. 120.68.
619	(5) PAYMENT TO THE DEPARTMENT.--If the obligor does not
620	file a timely written request for an administrative hearing, or
621	consents to the department’s demand or the department prevails
622	after hearing, the department shall notify the insurer to send
623	to the department the full amount of the withheld payment, not
624	to exceed the amount of unpaid support, less any amounts payable
625	to the obligor or other entities as specified by subsection (7).
626	Payments due the department must be made payable solely to the
627	department.
628	(6) FULL OR PARTIAL RELEASE.--An insurer may be released
629	from the duty to withhold payment only upon written notice by
630	the department or by order of the court. The department shall
631	execute and deliver a release of the lien for unpaid support to
632	the obligor and the insurer upon payment in full of the unpaid
633	support and any costs due. The department may release a lien
634	fully or in part without liability as needed to correctly
635	reflect the amount of unpaid support owed, if assurance of
636	payment is considered adequate, or to facilitate collection of
637	the unpaid support.
638	(7) PRIORITY OF LIENS; ATTORNEYS FEES; MEDICAL PROVIDERS;
639	EXEMPTION FOR FUTURE MEDICAL EXPENSES.--
640	(a) A lien for unpaid support created by this section is
641	superior to all subsequent liens and security interests. Liens
642	perfected prior to creation of a lien under this section, prior
643	written notices of health care expenditures related to the claim
644	made by the health care providers, and attorneys fees payable
645	from insurance proceeds are not subject to a lien created by
646	this section.
647	(b) An amount not to exceed the lesser of 15 percent of
648	the total payment or $5,000 for the obligor’s future medical
649	expenses is exempt from a demand for payment under this section,
650	provided the expenses are due to a condition that gave rise to
651	the claim and are documented by a licensed physician. The
652	department shall notify the obligor of the exemption and how to
653	claim it when providing notice of the right to contest a demand
654	for payment under subsection (4). The obligor has the burden of
655	proving a claim for an exemption.
656	(8) INSURER IMMUNITY.--An insurer, its directors, agents,
657	and employees and any central reporting organization and its
658	agents and employees authorized by an insurer to act on its
659	behalf who act in conformity with the requirements of this
660	section are immune from any liability to the claimant or other
661	payees, lienholders, or affected entities for any alleged or
662	actual damages that occur as a result of compliance with these
663	requirements.
664	(9) FAILURE TO COMPLY; REMEDIES.--An insurer who does not
665	inquire, withhold, or remit payments as required by this section
666	is liable to the department for the amount the insurer should
667	have withheld or remitted, plus costs, interest, and reasonable
668	attorney’s fees. The department is authorized to bring an action
669	in circuit court to enforce any provision of this section.
670	(10) WORKERS’ COMPENSATION.--When the web-enabled database
671	specified by paragraph (2)(a) becomes operational, the
672	department shall permit access by judges of compensation claims
673	to facilitate review and approval of workers’ compensation
674	settlements as provided by s. 440.20(11)(d).
675	(11) RULEMAKING AUTHORITY.--The department may adopt rules
676	to implement, administer, or enforce the requirements of this
677	section.
678	Section 13. Effective July 1, 2003, section 409.257,
679	Florida Statutes, is amended to read:
680	409.257 Service of process.--The service of initial
681	process and orders in lawsuits filed by the department, under
682	this act, shall be served by the sheriff in the county where the
683	person to be served may be found or, if determined to be more
684	effective by the department, by any means permitted under
685	chapter 48 for service of process in a civil action. The sheriff
686	shall be reimbursed at the prevailing rate of federal financial
687	participation for service of process and orders as allowed by
688	law. The sheriff shall bill the department monthly as provided
689	for in s. 30.51(2). In addition, process and orders may be
690	served or executed by authorized agents of the department at the
691	department's discretion; provided that the agent of the
692	department does not take any action against personal property,
693	real property, or persons. Notices and other intermediate
694	process, except witness subpoenas, shall be served by the
695	department as provided for in the Florida Rules of Civil
696	Procedure. Witness subpoenas shall be served by the department
697	by certified mail as provided for in s. 48.031(3).
698	Section 14. Subsections (1) and (2) of section 409.2572,
699	Florida Statutes, are amended to read:
700	409.2572 Cooperation.--
701	(1) An applicant for, or recipient of, public assistance
702	for a dependent child shall cooperate in good faithwith the
703	department or a program attorney in:
704	(a) Identifying and helping to locate the alleged parent
705	or obligor.
706	(b) Assisting in establishing the paternity of a child
707	born out of wedlock.
708	(c) Assisting in obtaining support payments from the
709	obligor.
710	(d) Assisting in obtaining any other payments or property
711	due from the obligor.
712	(e) Identifying another putative father when an earlier
713	named putative father has been excluded by DNA, Human Leukocyte
714	Antigen, or other scientific test.
715	(f) Appearing at an office of the department, or another
716	designated office, as necessary to provide verbal or written
717	information, or documentary or physical evidence, known to,
718	possessed by, or reasonably obtainable by the applicant or
719	recipient.
720	(g) Appearing as a witness at judicial or other hearings
721	or proceedings.
722	(h) Providing information under oath regarding the
723	identity or location of the alleged father of the child or
724	attesting to the lack of information.
725	(i) Paying to the department any support received from the
726	obligor after the assignment is effective.
727	(2) Noncooperation, or failure to cooperate in good faith,
728	is defined to include, but is not limited to, the following
729	conduct:
730	(a) Failing orRefusing to identify the father of the
731	child, or where more than one man could be the father of the
732	child, refusing to identify all such persons. If the mother
733	identifies one or more persons as the possible father of the
734	child and asserts that there are no others who could be the
735	father of the child, but the DNA test, Human Leukocyte Antigen
736	test, or other scientific test indicates that none of the
737	persons identified could in fact have been the father of the
738	child, the mother shall be deemed noncooperative. If she
739	subsequently identifies another person as the possible father of
740	the child, she shall still be deemed noncooperative until that
741	person has been given the DNA test, Human Leukocyte Antigen
742	test, or other scientific test and is not excluded as the father
743	by the test.
744	(b) Failing to appear for two appointments at the
745	department or other designated office without justification and
746	notice.
747	(c) Providing false information regarding the paternity of
748	the child or the obligation of the obligor.
749	(d) All actions of the obligee which interfere with the
750	state's efforts to proceed to establish paternity, the
751	obligation of support, or to enforce or collect support.
752	(e) Failure to appear at the laboratory for drawing of
753	blood samples, or leaving the laboratory prior to the drawing of
754	blood samples without compelling reasons.
755	(f) Failure to assist in the recovery of third-party
756	payment for medical services.
757	Section 15. Section 409.259, Florida Statutes, is amended
758	to read:
759	409.259 Partial payment of Filing fees in Title IV-D
760	cases.--
761	(1) Notwithstanding s. 28.241, each clerk of the circuit
762	court shall accept petitions, complaints, and motions in Title
763	IV-D cases submitted for filing by the department without
764	billing separately for each such filing, since the clerk is
765	being reimbursed in a different manner for expenses incurred in
766	such filings under the cooperative agreement with the department
767	pursuant to ss. 61.181(1) and 61.1826(2) and (4).only be
768	reimbursed at the prevailing rate of federal financial
769	participation on the amount of $40 for each civil action, suit,
770	or proceeding for support instituted in the circuit court in
771	which the parent is not receiving temporary cash assistance. The
772	prevailing rate of the state match shall be paid by the local
773	government in the form of a certified public expenditure. The
774	clerk of the circuit court shall bill the department monthly.
775	The clerk of the circuit court and the department shall maintain
776	a monthly log of the number of civil actions, suits, or
777	proceedings filed in which the parent does not receive temporary
778	assistance. These monthly logs will be used to determine the
779	number of $40 filings the clerk of court may submit for
780	reimbursement at the prevailing rate of federal financial
781	participation.
782	(2) Notwithstanding subsection (1), the department shall
783	continue to be entitled to the other necessary services of the
784	clerk of court in any proceedings under the IV-D program as
785	authorized under s. 409.2571.
786	Section 16. Effective July 1, 2003, section 440.123,
787	Florida Statutes, is created to read:
788	440.123 Insurer paying periodic compensation; duty to
789	inquire about unpaid child support.--When the web-enabled
790	database specified by s. 409.25659 becomes operational, upon
791	determining that a claimant will be paid weekly compensation, an
792	insurer as defined by s. 440.02(39) shall access the database
793	promptly to inquire whether the claimant owes unpaid support. If
794	it is determined after inquiry that a claimant owes unpaid
795	support, the insurer shall notify the Department of Revenue at
796	that time, through the web-enabled database, by providing the
797	individual’s name, date of birth, social security number, last
798	known address according to the insurer's records, and employer;
799	the claim number; the weekly compensation amount; the date of
800	first payment; the name of the insurer and how the insurer may
801	be contacted; the name and contact information of the payor of
802	weekly compensation, if different from the insurer; and the name
803	and address of the agent or attorney for the claimant, if any.
804	Section 17. Effective July 1, 2003, paragraph (d) of
805	subsection (11) of section 440.20, Florida Statutes, is amended
806	to read:
807	440.20 Time for payment of compensation; penalties for
808	late payment.--
809	(11)
810	(d)1. With respect to any lump-sum settlement under this
811	subsection, a judge of compensation claims must consider at the
812	time of the settlement, whether the settlement allocation
813	provides for the appropriate recovery of child support
814	arrearages.
815	2. When reviewing any settlement of lump-sum payment
816	pursuant to this subsection, judges of compensation claims shall
817	consider the interests of the worker and the worker's family
818	when approving the settlement, which must consider and provide
819	for appropriate recovery of past due support.
820	3. Before approving a settlement, the judge of
821	compensation claims shall require a party to obtain a written
822	statement from the Department of Revenue as to whether the
823	worker owes unpaid support and, if so, the amount owed. In
824	addition, the judge of compensation claims may require a party
825	to obtain a similar statement from a depository, operated
826	pursuant to s. 61.181.
827	Section 18. Effective July 1, 2003, subsection (1) of
828	section 742.10, Florida Statutes, is amended to read:
829	742.10 Establishment of paternity for children born out of
830	wedlock.--
831	(1) This chapter provides the primary jurisdiction and
832	procedures for the determination of paternity for children born
833	out of wedlock. When the establishment of paternity has been
834	raised and determined within an adjudicatory hearing brought
835	under the statutes governing inheritance, or dependency under
836	workers' compensation or similar compensation programs, or when
837	an affidavit acknowledging paternity or a stipulation of
838	paternity is executed by both parties and filed with the clerk
839	of the court, or when an affidavit, aornotarized voluntary
840	acknowledgment of paternity, or a voluntary acknowledgment of
841	paternity that is witnessed by two individuals and signed under
842	penalty of perjuryas provided for in s. 382.013 or s. 382.016
843	is executed by both parties, it shall constitute the
844	establishment of paternity for purposes of this chapter. If no
845	adjudicatory proceeding was held, a notarized voluntary
846	acknowledgment of paternity or voluntary acknowledgment of
847	paternity that is witnessed by two individuals and signed under
848	penalty of perjury as specified by s. 92.525(2)shall create a
849	rebuttable presumption, as defined by s. 90.304, of paternity
850	and is subject to the right of any signatory to rescind the
851	acknowledgment within 60 days of the date the acknowledgment was
852	signed or the date of an administrative or judicial proceeding
853	relating to the child, including a proceeding to establish a
854	support order, in which the signatory is a party, whichever is
855	earlier. Both parents are required to provide their social
856	security numbers on any acknowledgment of paternity, consent
857	affidavit, or stipulation of paternity. Except for affidavits
858	under seal pursuant to ss. 382.015 and 382.016, the Office of
859	Vital Statistics shall provide certified copies of affidavits to
860	the Title IV-D agency upon request.
861	Section 19. Except as otherwise provided herein, this act
862	shall take effect upon becoming a law.
863