HB 1377

1
A bill to be entitled
2An act relating to child support; amending s. 409.2558,
3F.S.; requiring the Department of Revenue to use
4reasonable efforts to locate persons to whom collections
5or refunds are owed, including disclosing information on
6the Internet; amending s. 717.118, F.S.; authorizing the
7Department of Financial Services to publish notification
8of undistributed support collections; requiring the
9department to refer inquiries regarding undistributed
10support collections to the Department of Revenue;
11providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Paragraph (a) of subsection (2) of section
16409.2558, Florida Statutes, is amended to read:
17     409.2558  Support distribution and disbursement.--
18     (2)  UNDISTRIBUTABLE COLLECTIONS.--
19     (a)  The department shall establish by rule the method for
20determining a collection or refund to a noncustodial parent to
21be undistributable to the final intended recipient. This method
22must provide for reasonable efforts to locate and notify persons
23to whom collections or refunds are owed, including the
24disclosure of names and other information on the Internet.
25     Section 2.  Subsection (5) is added to section 717.118,
26Florida Statutes, to read:
27     717.118  Notice and publication of lists of unclaimed
28property.--
29     (1)  It is specifically recognized that the state has an
30obligation to make an effort to notify owners of unclaimed
31property in a cost-effective manner. In order to provide all the
32citizens of this state an effective and efficient program for
33the recovery of unclaimed property, the department shall use
34cost-effective means to make at least one active attempt to
35notify owners of the existence of unclaimed property held by the
36department. Such active attempt to locate apparent owners shall
37include any attempt by the department to directly contact the
38owner.  Other means of notification, such as publication of the
39names of owners in the newspaper, on television, on the
40Internet, or through other promotional efforts and items in
41which the department does not directly attempt to contact the
42owner are expressly declared to be passive attempts. Nothing in
43this subsection precludes other agencies or entities of state
44government from notifying owners of the existence of unclaimed
45property or attempting to locate apparent owners of unclaimed
46property.
47     (2)  The following notification requirements shall apply:
48     (a)  Notifications that are published or televised may
49consist of the names of apparent owners of unclaimed property,
50and information regarding recovery of unclaimed property from
51the department. Such notification may be televised or published
52in the county in which the last known address of the apparent
53owner is located or, if the address is unknown, in the county in
54which the holder has its principal place of business. Published
55notifications may be in accordance with s. 50.011.
56     (b)  Notification provided directly to individual apparent
57owners shall consist of a description of the property and
58information regarding recovery of unclaimed property from the
59department.
60     (3)  The department may publish in the notice any items of
61more than $100.
62     (4)  This section is not applicable to sums payable on
63traveler's checks, money orders, and other written instruments
64presumed unclaimed under s. 717.104.
65     (5)  The department may publish notification of
66undistributed support collections in the same manner as
67unclaimed property. The department shall refer all inquiries
68concerning undistributed support collections to the Department
69of Revenue for resolution under s. 409.2558.
70     Section 3.  This act shall take effect July 1, 2004.


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