Senate Bill sb2692

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 2692

    By Senator Margolis





    35-587-03

  1                      A bill to be entitled

  2         An act relating to unpaid support obligations;

  3         requiring the Department of Revenue to furnish

  4         to insurance companies periodically a list of

  5         persons with unpaid support obligations;

  6         providing for insurers to determine from such

  7         list the support obligations of persons who

  8         have filed claims of certain size; creating a

  9         lien in favor of the department in certain

10         circumstances and providing for withholding of

11         insurance payments to persons having unpaid

12         obligations; providing for contesting actions

13         of the department; immunizing insurers, their

14         employees and agents, and others from liability

15         for actions in compliance with this act;

16         providing liability of an insurer for failure

17         to comply with this act; providing an effective

18         date.

19  

20  Be It Enacted by the Legislature of the State of Florida:

21  

22         Section 1.  Interception of insurance payments.--

23         (1)  The Department of Revenue shall periodically

24  within each year make available to the insurers regulated

25  under chapters 624-651, Florida Statutes, a list of names and

26  last-known addresses of individuals who, as of the date of the

27  list, owe unpaid support in excess of $500 as shown by the

28  depository. The list shall contain the obligor's name, social

29  security number, and amount of unpaid support owed as of the

30  date of the list.

31  

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2692
    35-587-03




 1         (2)(a)  Every domestic insurer authorized to conduct

 2  business in this state which issues policies of liability

 3  insurance under chapters 624-651, Florida Statutes, and every

 4  worker's compensation insurer, including an employer that is

 5  self-insured, shall, immediately after the filing of any claim

 6  of $500 or more by any claimant who is a resident of this

 7  state or who has an accident or loss that occurred in this

 8  state for third-party, personal injury, or worker's

 9  compensation benefits under a contract of insurance, review

10  the information made available by the department under

11  subsection (1) to determine whether the claimant owes unpaid

12  support. If the review discloses that any claimant is a person

13  who owes unpaid support, a lien by operation of law is created

14  against any insurance payment or settlement up to the amount

15  of unpaid support owed.

16         (b)  Every insurer described in paragraph (a) shall

17  obtain the information described in subsection (1) either from

18  a secure web-enabled database provided by the department or

19  another centralized source approved by the department.

20         (3)  If the insurer determines from such information

21  that the claimant or payee does not owe unpaid support, the

22  insurer may make the claim or settlement payment to the

23  claimant in accordance with the insurance contract.

24         (4)(a)  If the insurer determines from such information

25  that the claimant or payee owes unpaid support, the insurer

26  shall, except to the extent payments are subject to liens,

27  written notices, or interests described in subsection (7),

28  withhold from payment the amount of unpaid support. If the

29  amount of unpaid support exceeds the claim or settlement

30  payment, the insurer shall withhold the entire payment. Upon

31  withholding payment, the insurer shall immediately notify the

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2692
    35-587-03




 1  department by e-mail or other electronic means of the amount

 2  withheld, the date payment was withheld, and the claimant's

 3  name and social security number.

 4         (b)  Upon receipt of notification, the executive

 5  director or his or her designee shall notify the claimant in

 6  writing of the intention to intercept the withheld amount by

 7  delivering such notice in person or by regular mail to the

 8  claimant's last-known address, which is deemed to be adequate

 9  notice.

10         (c)  If the claimant fails to timely contest the action

11  after the department delivers notice of its intent to

12  intercept the withheld amount, the department may collect the

13  withheld amount of unpaid support from the insurer.

14         (d)  The claimant may consent in writing to the

15  intercept at any time after receiving the notice of intent to

16  intercept.

17         (e)  Upon delivering a notice to intercept to the

18  insurer by the department, the insurer shall pay the withheld

19  amount to the department.

20         (5)  Upon notice by the department or court order at

21  any time, the insurer shall:

22         (a)  Withhold any insurance claim payment up to the

23  amount of unpaid support owed.

24         (b)  Pay the withheld amount to the department and pay

25  any remaining balance to the claimant or other person entitled

26  to it.

27         (c)  Release any insurance claim payment lien

28  previously withheld.

29         (6)  Any claimant aggrieved by any action taken under

30  this section may:

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2692
    35-587-03




 1         (a)  Within 21 days after receiving the notice to the

 2  claimant under subsection (4), contest the action by filing a

 3  petition under the applicable provisions of chapter 120,

 4  Florida Statutes.

 5         (b)  Within 21 days after receiving a copy of the

 6  notice of intent to intercept under subsection (4), contest

 7  only the amount or validity of any claimed exemption under

 8  subsection (7) by filing a petition under the applicable

 9  provisions of chapter 120, Florida Statutes.

10  

11  If a claimant contests the intercept by filing either

12  petition, the insurer shall hold the withheld payment amount

13  until final disposition of the action under chapter 120,

14  Florida Statutes.

15         (7)  The department's lien for unpaid support created

16  by this section is superior to all liens and security

17  interests created under the laws of this state, except that

18  nothing in this section affects the validity or priority of

19  liens or written notices of health care providers; attorney's

20  fees; insurance claim funds allocated for future medical

21  expenses, not to exceed $5,000; holders of security interests;

22  or the assignment of rights under section 409.2561, Florida

23  Statutes, which may exist.

24         (8)  Any insurer and its directors, agents, and

25  employees and central reporting organizations and their

26  respective employees authorized by an insurer to act on its

27  behalf who releases information in accordance with this

28  section, or who withholds amounts from payment based upon the

29  latest information supplied by the department under subsection

30  (1) and makes disbursements in accordance with this section

31  shall be in compliance and shall be immune from any liability

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2692
    35-587-03




 1  to the claimant, payee lienholder, payee who provided written

 2  notice, security interest holder, or other person for taking

 3  such action.

 4         (9)  If an insurer fails to review information or

 5  withhold or remit payments under this section, the insurer is

 6  liable for the amount the insurer should have withheld or

 7  remitted, plus costs, interest, and reasonable attorney's

 8  fees. The department may bring an action in circuit court for

 9  an order compelling compliance with any provision of this

10  section.

11         Section 2.  This act shall take effect July 1, 2003.

12  

13            *****************************************

14                          SENATE SUMMARY

15  
      Requires the Department of Revenue to furnish,
16    periodically, to insurers subject to the Florida
      Insurance Code a list of persons who owe at least $500 in
17    unpaid support obligations. Provides for insurers to
      withhold from payments to claimants amounts owed in
18    unpaid support pursuant to a lien in favor of the
      department. Prescribes procedures for contesting acts of
19    the department under the act. Immunizes insurers, their
      employees and agents, and others from acts in compliance
20    with the act and provides liability for failure to
      comply.
21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.