| 1 | A bill to be entitled | 
| 2 | An act relating to child support; amending s. 61.046,  | 
| 3 | F.S.; revising a definition; amending s. 61.13, F.S.;  | 
| 4 | eliminating the requirement that a minor child's social  | 
| 5 | security number be included in a support order; amending  | 
| 6 | s. 61.1301, F.S.; revising the statement of obligor's  | 
| 7 | rights and notice requirement to include a requirement of  | 
| 8 | continued support under certain circumstances; requiring  | 
| 9 | an obligor to petition for an administrative hearing under  | 
| 10 | certain circumstances; providing for the continuation of a  | 
| 11 | support obligation after emancipation of the minor under  | 
| 12 | certain circumstances; providing for application to  | 
| 13 | support orders or income deduction orders entered before,  | 
| 14 | on, or after July 1, 2004; amending s. 61.181, F.S.;  | 
| 15 | requiring the state depository to establish an account for  | 
| 16 | receipt and disbursement of certain payments upon request  | 
| 17 | of the Department of Revenue; requiring the department to  | 
| 18 | provide certain documentation with such request; amending  | 
| 19 | s. 61.1814, F.S.; providing for types of moneys to be  | 
| 20 | deposited into the Child Support Enforcement Application  | 
| 21 | and Program Revenue Trust Fund; providing for use of such  | 
| 22 | moneys; amending s. 120.80, F.S.; providing proper venue  | 
| 23 | for certain administrative hearings; providing exceptions;  | 
| 24 | amending ss. 382.013, 382.016, and 742.10, F.S.;  | 
| 25 | authorizing use of an alternate voluntary acknowledgment  | 
| 26 | of paternity; amending s. 409.2558, F.S.; requiring notice  | 
| 27 | to the noncustodial parent before applying an  | 
| 28 | undistributable support collection to another support  | 
| 29 | order; amending s. 409.2561, F.S.; authorizing the  | 
| 30 | department to establish the liability of an obligor;  | 
| 31 | amending s. 409.2563, F.S.; revising the manner in which a  | 
| 32 | noncustodial parent may request the department to bring  | 
| 33 | proceedings in circuit court; providing requirements for  | 
| 34 | such request; providing that the department shall only be  | 
| 35 | a party to such an action to the extent there are Title  | 
| 36 | IV-D issues; requiring the department to file a copy of  | 
| 37 | the initial notice with the depository; requiring the  | 
| 38 | depository to provide an account number; amending s.  | 
| 39 | 409.25656, F.S.; revising provisions for coverage of the  | 
| 40 | applicable commissions and fees for liquidation of an  | 
| 41 | obligor's assets; amending s. 409.257, F.S.; authorizing  | 
| 42 | alternative means for service of process; amending s.  | 
| 43 | 409.2572, F.S.; providing for cooperation in good faith;  | 
| 44 | revising a definition; amending s. 409.259, F.S.; revising  | 
| 45 | the manner of reimbursement to the clerk of court for  | 
| 46 | court filing fees in certain cases; amending s. 409.2598,  | 
| 47 | F.S.; providing definitions; revising provisions to  | 
| 48 | conform with new definitions; removing authorization for  | 
| 49 | Title IV-D agencies to screen applicants under certain  | 
| 50 | circumstances; revising the computation of time for  | 
| 51 | certain notices; providing for repayment agreements;  | 
| 52 | providing for notice by regular mail; deleting the  | 
| 53 | requirement for notice by certified mail; creating s.  | 
| 54 | 409.25659, F.S.; providing definitions; requiring the  | 
| 55 | department to develop a data match system; providing  | 
| 56 | requirements for such system; providing for an insurer to  | 
| 57 | comply with requests by the department for such system;  | 
| 58 | providing methods; requiring the department to establish a  | 
| 59 | fee; providing immunity for certain insurers; authorizing  | 
| 60 | the department to adopt rules; providing effective dates. | 
| 61 | 
  | 
| 62 | Be It Enacted by the Legislature of the State of Florida: | 
| 63 | 
  | 
| 64 |      Section 1.  Subsection (19) of section 61.046, Florida  | 
| 65 | Statutes, is amended to read: | 
| 66 |      61.046  Definitions.--As used in this chapter: | 
| 67 |      (19)  "Support order" means a judgment, decree, or order,  | 
| 68 | whether temporary or final, issued by a court of competent  | 
| 69 | jurisdiction or administrative agency for the support and  | 
| 70 | maintenance of a child which provides for monetary support,  | 
| 71 | health care, arrearages, or past support. When the child support  | 
| 72 | obligation is being enforced by the Department of Revenue, the  | 
| 73 | term "support order" also means a judgment, decree, or order,  | 
| 74 | whether temporary or final, issued by a court of competent  | 
| 75 | jurisdiction for the support and maintenance of a child and the  | 
| 76 | spouse or former spouse of the obligor with whom the child is  | 
| 77 | living which provides for monetary support, health care,  | 
| 78 | arrearages, or past support. | 
| 79 |      Section 2.  Paragraph (d) of subsection (1) of section  | 
| 80 | 61.13, Florida Statutes, is amended to read: | 
| 81 |      61.13  Custody and support of children; visitation rights;  | 
| 82 | power of court in making orders.-- | 
| 83 |      (1) | 
| 84 |      (d)1.  Unless the provisions of subparagraph 3. apply, all  | 
| 85 | child support orders entered on or after January 1, 1985, shall  | 
| 86 | direct that the payments of child support be made as provided in  | 
| 87 | s. 61.181 through the depository in the county where the court  | 
| 88 | is located. All child support orders shall provide the full name  | 
| 89 | and, date of birth, and social security number of each minor  | 
| 90 | child who is the subject of the child support order. | 
| 91 |      2.  Unless the provisions of subparagraph 3. apply, all  | 
| 92 | child support orders entered before January 1, 1985, shall be  | 
| 93 | modified by the court to direct that payments of child support  | 
| 94 | shall be made through the depository in the county where the  | 
| 95 | court is located upon the subsequent appearance of either or  | 
| 96 | both parents to modify or enforce the order, or in any related  | 
| 97 | proceeding. | 
| 98 |      3.  If both parties request and the court finds that it is  | 
| 99 | in the best interest of the child, support payments need not be  | 
| 100 | directed through the depository. The order of support shall  | 
| 101 | provide, or shall be deemed to provide, that either party may  | 
| 102 | subsequently apply to the depository to require direction of the  | 
| 103 | payments through the depository. The court shall provide a copy  | 
| 104 | of the order to the depository. | 
| 105 |      4.  If the parties elect not to require that support  | 
| 106 | payments be made through the depository, any party may  | 
| 107 | subsequently file an affidavit with the depository alleging a  | 
| 108 | default in payment of child support and stating that the party  | 
| 109 | wishes to require that payments be made through the depository.  | 
| 110 | The party shall provide copies of the affidavit to the court and  | 
| 111 | to each other party. Fifteen days after receipt of the  | 
| 112 | affidavit, the depository shall notify both parties that future  | 
| 113 | payments shall be paid through the depository. | 
| 114 |      5.  In IV-D cases, the IV-D agency shall have the same  | 
| 115 | rights as the obligee in requesting that payments be made  | 
| 116 | through the depository. | 
| 117 |      Section 3.  Effective July 1, 2004, paragraphs (b) and (e)  | 
| 118 | of subsection (1), paragraphs (e) and (f) of subsection (2), and  | 
| 119 | subsection (3) of section 61.1301, Florida Statutes, are amended  | 
| 120 | to read: | 
| 121 |      61.1301  Income deduction orders.-- | 
| 122 |      (1)  ISSUANCE IN CONJUNCTION WITH AN ORDER ESTABLISHING,  | 
| 123 | ENFORCING, OR MODIFYING AN OBLIGATION FOR ALIMONY OR CHILD  | 
| 124 | SUPPORT.-- | 
| 125 |      (b)  The income deduction order shall: | 
| 126 |      1.  Direct a payor to deduct from all income due and  | 
| 127 | payable to an obligor the amount required by the court to meet  | 
| 128 | the obligor's support obligation including any attorney's fees  | 
| 129 | or costs owed and forward the deducted amount pursuant to the  | 
| 130 | order. | 
| 131 |      2.  State the amount of arrearage owed, if any, and direct  | 
| 132 | a payor to withhold an additional 20 percent or more of the  | 
| 133 | periodic amount specified in the order establishing, enforcing,  | 
| 134 | or modifying the obligation, until full payment is made of any  | 
| 135 | arrearage, attorney's fees and costs owed, provided no deduction  | 
| 136 | shall be applied to attorney's fees and costs until the full  | 
| 137 | amount of any arrearage is paid; | 
| 138 |      3.  Direct a payor not to deduct in excess of the amounts  | 
| 139 | allowed under s. 303(b) of the Consumer Credit Protection Act,  | 
| 140 | 15 U.S.C. s. 1673(b), as amended; | 
| 141 |      4.  Direct whether a payor shall deduct all, a specified  | 
| 142 | portion, or no income which is paid in the form of a bonus or  | 
| 143 | other similar one-time payment, up to the amount of arrearage  | 
| 144 | reported in the income deduction notice or the remaining balance  | 
| 145 | thereof, and forward the payment to the governmental depository.  | 
| 146 | For purposes of this subparagraph, "bonus" means a payment in  | 
| 147 | addition to an obligor's usual compensation and which is in  | 
| 148 | addition to any amounts contracted for or otherwise legally due  | 
| 149 | and shall not include any commission payments due an obligor; | 
| 150 |      5.  In Title IV-D cases, direct a payor to provide to the  | 
| 151 | court depository the date on which each deduction is made; and | 
| 152 |      6.  In Title IV-D cases, if an obligation to pay current  | 
| 153 | support is reduced or terminated due to emancipation of a child  | 
| 154 | and the obligor owes an arrearage, retroactive support,  | 
| 155 | delinquency, or costs, direct the payor to continue the income  | 
| 156 | deduction at the rate in effect immediately prior to  | 
| 157 | emancipation until all arrearages, retroactive support,  | 
| 158 | delinquencies, and costs are paid in full or until the amount of  | 
| 159 | withholding is modified; and | 
| 160 |      7.6.  Direct that, at such time as the State Disbursement  | 
| 161 | Unit becomes operational, all payments in those cases in which  | 
| 162 | the obligee is receiving Title IV-D services and in those cases  | 
| 163 | in which the obligee is not receiving Title IV-D services in  | 
| 164 | which the initial support order was issued in this state on or  | 
| 165 | after January 1, 1994, and in which the obligor's child support  | 
| 166 | obligation is being paid through income deduction, be made  | 
| 167 | payable to and delivered to the State Disbursement Unit.  | 
| 168 | Notwithstanding any other statutory provision to the contrary,  | 
| 169 | funds received by the State Disbursement Unit shall be held,  | 
| 170 | administered, and disbursed by the State Disbursement Unit  | 
| 171 | pursuant to the provisions of this chapter. | 
| 172 |      (e)  Statement of obligor's rights. When the court orders  | 
| 173 | the income deduction to be effective immediately, the court  | 
| 174 | shall furnish to the obligor a statement of his or her rights,  | 
| 175 | remedies, and duties in regard to the income deduction order.  | 
| 176 | The statement shall state: | 
| 177 |      1.  All fees or interest which shall be imposed. | 
| 178 |      2.  The total amount of income to be deducted for each pay  | 
| 179 | period until the arrearage, if any, is paid in full and shall  | 
| 180 | state the total amount of income to be deducted for each pay  | 
| 181 | period thereafter. The amounts deducted may not be in excess of  | 
| 182 | that allowed under s. 303(b) of the Consumer Credit Protection  | 
| 183 | Act, 15 U.S.C. s. 1673(b), as amended. | 
| 184 |      3.  That the income deduction order applies to current and  | 
| 185 | subsequent payors and periods of employment. | 
| 186 |      4.  That a copy of the income deduction order or, in Title  | 
| 187 | IV-D cases, the income deduction notice will be served on the  | 
| 188 | obligor's payor or payors. | 
| 189 |      5.  That enforcement of the income deduction order may only  | 
| 190 | be contested on the ground of mistake of fact regarding the  | 
| 191 | amount owed pursuant to the order establishing, enforcing, or  | 
| 192 | modifying the obligation, the arrearages, or the identity of the  | 
| 193 | obligor, the payor, or the obligee. | 
| 194 |      6.  That the obligor is required to notify the obligee and,  | 
| 195 | when the obligee is receiving IV-D services, the IV-D agency  | 
| 196 | within 7 days of changes in the obligor's address, payors, and  | 
| 197 | the addresses of his or her payors. | 
| 198 |      7.  That, in Title IV-D cases, if an obligation to pay  | 
| 199 | current support is reduced or terminated due to the emancipation  | 
| 200 | of a child and the obligor owes an arrearage, retroactive  | 
| 201 | support, delinquency, or costs, income deduction continues at  | 
| 202 | the rate in effect immediately prior to emancipation until all  | 
| 203 | arrearages, retroactive support, delinquencies, and costs are  | 
| 204 | paid in full or until the amount of withholding is modified. | 
| 205 |      (2)  ENFORCEMENT OF INCOME DEDUCTION ORDERS.-- | 
| 206 |      (e)  Notice to payor and income deduction notice. The  | 
| 207 | notice to payor or, in Title IV-D cases, income deduction notice  | 
| 208 | shall contain only information necessary for the payor to comply  | 
| 209 | with the order providing for income deduction. The notice shall: | 
| 210 |      1.  Provide the obligor's social security number. | 
| 211 |      2.  Require the payor to deduct from the obligor's income  | 
| 212 | the amount specified in the income deduction order, and in the  | 
| 213 | case of a delinquency the amount specified in the notice of  | 
| 214 | delinquency, and to pay that amount to the obligee or to the  | 
| 215 | depository, as appropriate. The amount actually deducted plus  | 
| 216 | all administrative charges shall not be in excess of the amount  | 
| 217 | allowed under s. 303(b) of the Consumer Credit Protection Act,  | 
| 218 | 15 U.S.C. s. 1673(b); | 
| 219 |      3.  Instruct the payor to implement income deduction no  | 
| 220 | later than the first payment date which occurs more than 14 days  | 
| 221 | after the date the income deduction notice was served on the  | 
| 222 | payor, and the payor shall conform the amount specified in the  | 
| 223 | income deduction order or, in Title IV-D cases, income deduction  | 
| 224 | notice to the obligor's pay cycle. The court should request at  | 
| 225 | the time of the order that the payment cycle reflect that of the  | 
| 226 | payor; | 
| 227 |      4.  Instruct the payor to forward, within 2 days after each  | 
| 228 | date the obligor is entitled to payment from the payor, to the  | 
| 229 | obligee or to the depository the amount deducted from the  | 
| 230 | obligor's income, a statement as to whether the amount totally  | 
| 231 | or partially satisfies the periodic amount specified in the  | 
| 232 | income deduction order or, in Title IV-D cases, income deduction  | 
| 233 | notice, and the specific date each deduction is made. If the IV- | 
| 234 | D agency is enforcing the order, the payor shall make these  | 
| 235 | notifications to the agency instead of the obligee; | 
| 236 |      5.  Specify that if a payor fails to deduct the proper  | 
| 237 | amount from the obligor's income, the payor is liable for the  | 
| 238 | amount the payor should have deducted, plus costs, interest, and  | 
| 239 | reasonable attorney's fees; | 
| 240 |      6.  Provide that the payor may collect up to $5 against the  | 
| 241 | obligor's income to reimburse the payor for administrative costs  | 
| 242 | for the first income deduction and up to $2 for each deduction  | 
| 243 | thereafter; | 
| 244 |      7.  State that the notice to payor or, in Title IV-D cases,  | 
| 245 | income deduction notice, and in the case of a delinquency the  | 
| 246 | notice of delinquency, are binding on the payor until further  | 
| 247 | notice by the obligee, IV-D agency, or the court or until the  | 
| 248 | payor no longer provides income to the obligor; | 
| 249 |      8.  Instruct the payor that, when he or she no longer  | 
| 250 | provides income to the obligor, he or she shall notify the  | 
| 251 | obligee and shall also provide the obligor's last known address  | 
| 252 | and the name and address of the obligor's new payor, if known;  | 
| 253 | and that, if the payor violates this provision, the payor is  | 
| 254 | subject to a civil penalty not to exceed $250 for the first  | 
| 255 | violation or $500 for any subsequent violation. If the IV-D  | 
| 256 | agency is enforcing the order, the payor shall make these  | 
| 257 | notifications to the agency instead of to the obligee. Penalties  | 
| 258 | shall be paid to the obligee or the IV-D agency, whichever is  | 
| 259 | enforcing the income deduction order; | 
| 260 |      9.  State that the payor shall not discharge, refuse to  | 
| 261 | employ, or take disciplinary action against an obligor because  | 
| 262 | of the requirement for income deduction and shall state that a  | 
| 263 | violation of this provision subjects the payor to a civil  | 
| 264 | penalty not to exceed $250 for the first violation or $500 for  | 
| 265 | any subsequent violation. Penalties shall be paid to the obligee  | 
| 266 | or the IV-D agency, whichever is enforcing the income deduction,  | 
| 267 | if any alimony or child support obligation is owing. If no  | 
| 268 | alimony or child support obligation is owing, the penalty shall  | 
| 269 | be paid to the obligor; | 
| 270 |      10.  State that an obligor may bring a civil action in the  | 
| 271 | courts of this state against a payor who refuses to employ,  | 
| 272 | discharges, or otherwise disciplines an obligor because of  | 
| 273 | income deduction. The obligor is entitled to reinstatement and  | 
| 274 | all wages and benefits lost, plus reasonable attorney's fees and  | 
| 275 | costs incurred; | 
| 276 |      11.  Inform the payor that the requirement for income  | 
| 277 | deduction has priority over all other legal processes under  | 
| 278 | state law pertaining to the same income and that payment, as  | 
| 279 | required by the notice to payor or income deduction notice, is a  | 
| 280 | complete defense by the payor against any claims of the obligor  | 
| 281 | or his or her creditors as to the sum paid; | 
| 282 |      12.  Inform the payor that, when the payor receives notices  | 
| 283 | to payor or income deduction notices requiring that the income  | 
| 284 | of two or more obligors be deducted and sent to the same  | 
| 285 | depository, the payor may combine the amounts that are to be  | 
| 286 | paid to the depository in a single payment as long as the  | 
| 287 | payments attributable to each obligor are clearly identified;  | 
| 288 | and | 
| 289 |      13.  Inform the payor that if the payor receives more than  | 
| 290 | one notice to payor or income deduction notice against the same  | 
| 291 | obligor, the payor shall contact the court or, in Title IV-D  | 
| 292 | cases, the Title IV-D agency for further instructions. Upon  | 
| 293 | being so contacted, the court or, in Title IV-D cases when all  | 
| 294 | the cases upon which the notices are based are Title IV-D cases,  | 
| 295 | the Title IV-D agency shall allocate amounts available for  | 
| 296 | income deduction as provided in subsection (4); and. | 
| 297 |      14.  State that, in Title IV-D cases, if an obligation to  | 
| 298 | pay current support is reduced or terminated due to the  | 
| 299 | emancipation of a child and the obligor owes an arrearage,  | 
| 300 | retroactive support, delinquency, or costs, income deduction  | 
| 301 | continues at the rate in effect immediately prior to  | 
| 302 | emancipation until all arrearages, retroactive support,  | 
| 303 | delinquencies, and costs are paid in full or until the amount of  | 
| 304 | withholding is modified. | 
| 305 |      (f)  At any time an income deduction order is being  | 
| 306 | enforced, the obligor may apply to the court for a hearing to  | 
| 307 | contest the continued enforcement of the income deduction on the  | 
| 308 | same grounds set out in paragraph (c), with a copy to the  | 
| 309 | obligee and, in Title IV-D cases, to the Title IV-D agency. If  | 
| 310 | the income deduction order being enforced was rendered by the  | 
| 311 | Title IV-D agency pursuant to s. 409.2563 and the obligor  | 
| 312 | contests withholding, the obligor shall file a petition for an  | 
| 313 | administrative hearing with the Title IV-D agency. The  | 
| 314 | application or petition does not affect the continued  | 
| 315 | enforcement of the income deduction until the court, or Title  | 
| 316 | IV-D agency, if applicable, enters an order granting relief to  | 
| 317 | the obligor. The obligee or the Title IV-D agency is released  | 
| 318 | from liability for improper receipt of moneys pursuant to an  | 
| 319 | income deduction order upon return to the appropriate party of  | 
| 320 | any moneys received. | 
| 321 |      (3)(a)  It is the intent of the Legislature that this  | 
| 322 | section may be used to collect arrearages in child support  | 
| 323 | payments or in alimony payments which have been accrued against  | 
| 324 | an obligor. | 
| 325 |      (b)  In Title IV-D cases, if an obligation to pay current  | 
| 326 | support is reduced or terminated due to the emancipation of a  | 
| 327 | child and the obligor owes an arrearage, retroactive support,  | 
| 328 | delinquency, or costs, income deduction continues at the rate in  | 
| 329 | effect immediately prior to emancipation until all arrearages,  | 
| 330 | retroactive support, delinquencies, and costs are paid in full  | 
| 331 | or until the amount of withholding is modified. The department  | 
| 332 | shall send notice of this requirement by regular mail to the  | 
| 333 | payor and obligor. The department shall inform the obligor that  | 
| 334 | withholding may be contested as provided by paragraph (2)(f) and  | 
| 335 | that the obligor may request the tribunal that issued the income  | 
| 336 | deduction order to modify the amount of withholding. This  | 
| 337 | paragraph provides an additional remedy for collection of unpaid  | 
| 338 | support and applies to cases in which a support order or income  | 
| 339 | deduction order was entered before, on, or after July 1, 2004. | 
| 340 |      Section 4.  Effective July 1, 2004, subsection (1) of  | 
| 341 | section 61.181, Florida Statutes, is amended to read: | 
| 342 |      61.181  Depository for alimony transactions, support,  | 
| 343 | maintenance, and support payments; fees.-- | 
| 344 |      (1)(a)  The office of the clerk of the court shall operate  | 
| 345 | a depository unless the depository is otherwise created by  | 
| 346 | special act of the Legislature or unless, prior to June 1, 1985,  | 
| 347 | a different entity was established to perform such functions.  | 
| 348 | The department shall, no later than July 1, 1998, extend  | 
| 349 | participation in the federal child support cost reimbursement  | 
| 350 | program to the central depository in each county, to the maximum  | 
| 351 | extent possible under existing federal law. The depository shall  | 
| 352 | receive reimbursement for services provided under a cooperative  | 
| 353 | agreement with the department pursuant to s. 61.1826. Each  | 
| 354 | depository shall participate in the State Disbursement Unit and  | 
| 355 | shall implement all statutory and contractual duties imposed on  | 
| 356 | the State Disbursement Unit. Each depository shall receive from  | 
| 357 | and transmit to the State Disbursement Unit required data  | 
| 358 | through the Clerk of Court Child Support Enforcement Collection  | 
| 359 | System. Payments on non-Title IV-D cases without income  | 
| 360 | deduction orders shall not be sent to the State Disbursement  | 
| 361 | Unit. | 
| 362 |      (b)  Upon request of the department, the depository created  | 
| 363 | pursuant to paragraph (a) shall establish an account for the  | 
| 364 | receipt and disbursement of support payments for Title IV-D  | 
| 365 | interstate cases. The department shall provide a copy of the  | 
| 366 | other state's order with the request, and the depository shall  | 
| 367 | advise the department of the account number in writing within 4  | 
| 368 | business days after receipt of such request. | 
| 369 |      Section 5.  Section 61.1814, Florida Statutes, is amended  | 
| 370 | to read: | 
| 371 |      61.1814  Child Support Enforcement Application and Program  | 
| 372 | Revenue Trust Fund.-- | 
| 373 |      (1)  The Child Support Enforcement Application and Program  | 
| 374 | Revenue Trust Fund is hereby created, to be administered by the  | 
| 375 | Department of Revenue. The purpose of the trust fund is to  | 
| 376 | account for Title IV-D program income and to support the  | 
| 377 | activities of the child support enforcement program under Title  | 
| 378 | IV-D of the Social Security Act. The department shall invest the  | 
| 379 | moneys in the trust fund pursuant to ss. 215.44-215.52 and  | 
| 380 | retain all interest earnings in the trust fund. Notwithstanding  | 
| 381 | the provisions of s. 216.301 and pursuant to s. 216.351, any  | 
| 382 | balance in the trust fund at the end of any fiscal year shall  | 
| 383 | remain in the trust fund and shall be available for carrying out  | 
| 384 | the purposes of the trust fund. In accordance with federal  | 
| 385 | requirements, the federal share of program income shall be  | 
| 386 | credited to the Federal Government. | 
| 387 |      (2)  With the exception of fees required to be deposited in  | 
| 388 | the Clerk of the Court Child Support Enforcement Collection  | 
| 389 | System Trust Fund under s. 61.181(2)(b) and collections  | 
| 390 | determined to be undistributable or unidentifiable under s.  | 
| 391 | 409.2558, the fund shall be used for the deposit of Title IV-D  | 
| 392 | program income received by the department. Each type of program  | 
| 393 | income received shall be accounted for separately. Program  | 
| 394 | income received by the department includes, but is not limited  | 
| 395 | to: | 
| 396 |      (a)  Application fees of nonpublic assistance applicants  | 
| 397 | for child support enforcement services. | 
| 398 |      (b)  Court-ordered costs recovered from child support  | 
| 399 | obligors. | 
| 400 |      (c)  Interest on child support collections. | 
| 401 |      (d)  The balance of fees received under s. 61.181(2)(a) on  | 
| 402 | non-Title IV-D cases required to be processed through the State  | 
| 403 | Disbursement Unit after the clerk's share is paid. and | 
| 404 |      (e)  Fines imposed under ss. 409.2564(8) and 409.2578.  | 
| 405 | Moneys deposited from fines imposed under ss. 409.2564(8) and  | 
| 406 | 409.2578 shall be maintained separately from moneys deposited  | 
| 407 | from application fees. | 
| 408 |      Section 6.  Paragraph (c) of subsection (14) of section  | 
| 409 | 120.80, Florida Statutes, is amended to read: | 
| 410 |      120.80  Exceptions and special requirements; agencies.-- | 
| 411 |      (14)  DEPARTMENT OF REVENUE.-- | 
| 412 |      (c)  Proceedings for administrative support orders.--In  | 
| 413 | proceedings for the establishment of administrative support  | 
| 414 | orders pursuant to s. 409.2563, final orders in cases referred  | 
| 415 | by the Department of Revenue to the Division of Administrative  | 
| 416 | Hearings shall be entered by the division's administrative law  | 
| 417 | judge and transmitted to the Department of Revenue for filing  | 
| 418 | and rendering. The Department of Revenue has the right to seek  | 
| 419 | judicial review under s. 120.68 of a final order entered by an  | 
| 420 | administrative law judge. Administrative support orders rendered  | 
| 421 | pursuant to s. 409.2563 may be enforced pursuant to s. 120.69  | 
| 422 | or, alternatively, by any method prescribed by law for the  | 
| 423 | enforcement of judicial support orders, except contempt.  | 
| 424 | Hearings held by the Division of Administrative Hearings  | 
| 425 | pursuant to s. 409.2563 shall be held in the judicial circuit in  | 
| 426 | which the person receiving services under Title IV-D resides or,  | 
| 427 | if the person receiving services under Title IV-D does not  | 
| 428 | reside in this state, in the judicial circuit in which the  | 
| 429 | respondent resides. If the department and the respondent agree,  | 
| 430 | the hearing may be held in another location. If ordered by the  | 
| 431 | administrative law judge, the hearing may be conducted by  | 
| 432 | telephone or videoconference. | 
| 433 |      Section 7.  Effective July 1, 2004, paragraph (c) of  | 
| 434 | subsection (2) of section 382.013, Florida Statutes, is amended  | 
| 435 | to read: | 
| 436 |      382.013  Birth registration.--A certificate for each live  | 
| 437 | birth that occurs in this state shall be filed within 5 days  | 
| 438 | after such birth with the local registrar of the district in  | 
| 439 | which the birth occurred and shall be registered by the local  | 
| 440 | registrar if the certificate has been completed and filed in  | 
| 441 | accordance with this chapter and adopted rules. The information  | 
| 442 | regarding registered births shall be used for comparison with  | 
| 443 | information in the state case registry, as defined in chapter  | 
| 444 | 61. | 
| 445 |      (2)  PATERNITY.-- | 
| 446 |      (c)  If the mother is not married at the time of the birth,  | 
| 447 | the name of the father may not be entered on the birth  | 
| 448 | certificate without the execution of an affidavit signed by both  | 
| 449 | the mother and the person to be named as the father. The  | 
| 450 | facility shall give notice orally or through the use of video or  | 
| 451 | audio equipment, and in writing, of the alternatives to, the  | 
| 452 | legal consequences of, and the rights, including, if one parent  | 
| 453 | is a minor, any rights afforded due to minority status, and  | 
| 454 | responsibilities that arise from signing an acknowledgment of  | 
| 455 | paternity, as well as information provided by the Title IV-D  | 
| 456 | agency established pursuant to s. 409.2557, regarding the  | 
| 457 | benefits of voluntary establishment of paternity. Upon request  | 
| 458 | of the mother and the person to be named as the father, the  | 
| 459 | facility shall assist in the execution of the affidavit or a  | 
| 460 | notarized voluntary acknowledgment of paternity, or a voluntary  | 
| 461 | acknowledgment of paternity that is witnessed by two individuals  | 
| 462 | and signed under penalty of perjury as specified in s.  | 
| 463 | 92.525(2). | 
| 464 |      Section 8.  Effective July 1, 2004, paragraph (b) of  | 
| 465 | subsection (1) of section 382.016, Florida Statutes, is amended  | 
| 466 | to read: | 
| 467 |      382.016  Amendment of records.--The department, upon  | 
| 468 | receipt of the fee prescribed in s. 382.0255; documentary  | 
| 469 | evidence, as specified by rule, of any misstatement, error, or  | 
| 470 | omission occurring in any birth, death, or fetal death record;  | 
| 471 | and an affidavit setting forth the changes to be made, shall  | 
| 472 | amend or replace the original certificate as necessary. | 
| 473 |      (1)  CERTIFICATE OF LIVE BIRTH AMENDMENT.-- | 
| 474 |      (b)  Upon written request and receipt of an affidavit or  | 
| 475 | notarized voluntary acknowledgment of paternity signed by the  | 
| 476 | mother and father acknowledging the paternity of a registrant  | 
| 477 | born out of wedlock, or a voluntary acknowledgment of paternity  | 
| 478 | that is witnessed by two individuals and signed under penalty of  | 
| 479 | perjury as specified in s. 92.525(2), together with sufficient  | 
| 480 | information to identify the original certificate of live birth,  | 
| 481 | the department shall prepare a new birth certificate, which  | 
| 482 | shall bear the same file number as the original birth  | 
| 483 | certificate. The names and identifying information of the  | 
| 484 | parents shall be entered as of the date of the registrant's  | 
| 485 | birth. The surname of the registrant may be changed from that  | 
| 486 | shown on the original birth certificate at the request of the  | 
| 487 | mother and father of the registrant, or the registrant if of  | 
| 488 | legal age. If the mother and father marry each other at any time  | 
| 489 | after the registrant's birth, the department shall, upon the  | 
| 490 | request of the mother and father or registrant if of legal age  | 
| 491 | and proof of the marriage, amend the certificate with regard to  | 
| 492 | the parents' marital status as though the parents were married  | 
| 493 | at the time of birth. The department shall substitute the new  | 
| 494 | certificate of birth for the original certificate on file. All  | 
| 495 | copies of the original certificate of live birth in the custody  | 
| 496 | of a local registrar or other state custodian of vital records  | 
| 497 | shall be forwarded to the State Registrar. Thereafter, when a  | 
| 498 | certified copy of the certificate of birth or portion thereof is  | 
| 499 | issued, it shall be a copy of the new certificate of birth or  | 
| 500 | portion thereof, except when a court order requires issuance of  | 
| 501 | a certified copy of the original certificate of birth. The  | 
| 502 | department shall place the original certificate of birth and all  | 
| 503 | papers pertaining thereto under seal, not to be broken except by  | 
| 504 | order of a court of competent jurisdiction or as otherwise  | 
| 505 | provided by law. | 
| 506 |      Section 9.  Paragraph (b) of subsection (2) of section  | 
| 507 | 409.2558, Florida Statutes, is amended to read: | 
| 508 |      409.2558  Support distribution and disbursement.-- | 
| 509 |      (2)  UNDISTRIBUTABLE COLLECTIONS.-- | 
| 510 |      (b)  Collections that are determined to be undistributable  | 
| 511 | shall be processed in the following order of priority: | 
| 512 |      1.  Apply the payment to any assigned arrears on the  | 
| 513 | custodial parent's case; then | 
| 514 |      2.  Apply the payment to any administrative costs ordered  | 
| 515 | by the court pursuant to s. 409.2567 associated with the  | 
| 516 | custodial parent's case; then | 
| 517 |      3.  When the noncustodial parent is subject to a valid  | 
| 518 | order to support another child other children in a another case  | 
| 519 | with a different custodial parent and the obligation is being  | 
| 520 | enforced by the department, the department shall send by  | 
| 521 | certified mail, return receipt requested, to the noncustodial  | 
| 522 | parent at the most recent address provided by the noncustodial  | 
| 523 | parent to the tribunal that issued the order, a notice stating  | 
| 524 | the department's intention to apply the payment pursuant to this  | 
| 525 | subparagraph and advising the noncustodial parent of the right  | 
| 526 | to contest the department's proposed action in the circuit court  | 
| 527 | by filing and serving a petition on the department within 30  | 
| 528 | days after the mailing of the notice. If the noncustodial parent  | 
| 529 | does not file and serve a petition within 30 days after mailing  | 
| 530 | of the notice, or upon disposition of the judicial action  | 
| 531 | favorable to the department, the department shall, with the  | 
| 532 | noncustodial parent's permission, apply the payment towards his  | 
| 533 | or her other support obligation. If there is more than one such  | 
| 534 | other case, the department shall allocate the remaining  | 
| 535 | undistributable amount as specified in s. 61.1301(4)(c); then | 
| 536 |      4.  Return the payment to the noncustodial parent; then | 
| 537 |      5.  If the noncustodial parent cannot be located after  | 
| 538 | diligent efforts by the department, the federal share of the  | 
| 539 | payment shall be credited to the Federal Government and the  | 
| 540 | state share shall be transferred to the General Revenue Fund. | 
| 541 |      Section 10.  Subsection (1) of section 409.2561, Florida  | 
| 542 | Statutes, is amended to read: | 
| 543 |      409.2561  Support obligations when public assistance is  | 
| 544 | paid; assignment of rights; subrogation; medical and health  | 
| 545 | insurance information.-- | 
| 546 |      (1)  Any payment of temporary cash or Title IV-E assistance  | 
| 547 | made to, or for the benefit of, any dependent child creates an  | 
| 548 | obligation in an amount determined pursuant to the child support  | 
| 549 | guidelines. In accordance with 42 U.S.C. s. 657, the state shall  | 
| 550 | retain amounts collected only to the extent necessary to  | 
| 551 | reimburse amounts paid to the family as assistance by the state.  | 
| 552 | Such amounts collected shall be deposited into the General  | 
| 553 | Revenue Fund up to the level specified in s. 61.1812. If there  | 
| 554 | has been a prior support court order or final judgment of  | 
| 555 | dissolution of marriage establishing an obligation of support,  | 
| 556 | the obligation is limited to the amount provided by such support  | 
| 557 | court order or decree. The extraordinary remedy of contempt is  | 
| 558 | applicable in child support enforcement cases because of the  | 
| 559 | public necessity for ensuring that dependent children be  | 
| 560 | maintained from the resources of their parents, thereby  | 
| 561 | relieving, at least in part, the burden presently borne by the  | 
| 562 | general citizenry through the public assistance program. If  | 
| 563 | there is no prior support court order establishing an obligation  | 
| 564 | of support, the court, or the department as provided by s.  | 
| 565 | 409.2563, shall establish the liability of the obligor, if any,  | 
| 566 | by applying the child support guidelines. The department may  | 
| 567 | apply for modification of a court order on the same grounds as  | 
| 568 | either party to the cause and shall have the right to settle and  | 
| 569 | compromise actions brought pursuant to law. | 
| 570 |      Section 11.  Paragraph (m) of subsection (4) and subsection  | 
| 571 | (8) of section 409.2563, Florida Statutes, are amended to read: | 
| 572 |      409.2563  Administrative establishment of child support  | 
| 573 | obligations.-- | 
| 574 |      (4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE  | 
| 575 | SUPPORT ORDER.--To commence a proceeding under this section, the  | 
| 576 | department shall provide to the custodial parent and serve the  | 
| 577 | noncustodial parent with a notice of proceeding to establish  | 
| 578 | administrative support order and a blank financial affidavit  | 
| 579 | form. The notice must state: | 
| 580 |      (m)  That, neither the department nor the Division of  | 
| 581 | Administrative Hearings has jurisdiction to award or change  | 
| 582 | child custody or rights of parental contact and these issues may  | 
| 583 | only be addressed in circuit court. | 
| 584 |      1.  The noncustodial parent may request in writing that the  | 
| 585 | department proceed in circuit court to determine his or her  | 
| 586 | support obligations. | 
| 587 |      2.  The noncustodial parent may state in writing to the  | 
| 588 | department his or her intention to address issues concerning  | 
| 589 | custody, or rights to parental contact, in circuit court. | 
| 590 |      3.  If the noncustodial parent submits to the department  | 
| 591 | the request mentioned in subparagraph 1. or the statement  | 
| 592 | mentioned in subparagraph 2. within 20 days after the receipt of  | 
| 593 | the initial notice, the department shall file a petition in  | 
| 594 | circuit court for the determination of the noncustodial parent's  | 
| 595 | child support obligations and shall send to the noncustodial  | 
| 596 | parent a copy of its petition, a notice of commencement of  | 
| 597 | action, and a request for waiver of service of process as  | 
| 598 | provided in the Florida Rules of Civil Procedure. | 
| 599 |      4.  If, within 10 days after receipt of the department's  | 
| 600 | petition and waiver of service, the noncustodial parent signs  | 
| 601 | and returns the waiver of service form to the department, the  | 
| 602 | department shall terminate the administrative proceeding without  | 
| 603 | prejudice and proceed in circuit court. | 
| 604 |      5.  In any circuit court action filed by the department  | 
| 605 | pursuant to this subsection or filed by a noncustodial parent or  | 
| 606 | other person pursuant to paragraph (l) or paragraph (n), the  | 
| 607 | department shall be a party only with respect to those issues of  | 
| 608 | support allowed and reimbursable under Title IV-D of the Social  | 
| 609 | Security Act. It is the responsibility of the noncustodial  | 
| 610 | parent or other person to take the necessary steps to present  | 
| 611 | other issues for the court to consider That if the noncustodial  | 
| 612 | parent has issues regarding child custody or right of parental  | 
| 613 | contact or requests to proceed in circuit court, the  | 
| 614 | noncustodial parent may request in writing that the department  | 
| 615 | proceed in circuit court to determine support. That the  | 
| 616 | noncustodial parent must make such request in writing within 20  | 
| 617 | days after receipt of the initial notice. That upon such  | 
| 618 | request, the department shall send the noncustodial parent by  | 
| 619 | regular mail a copy of the department's petition and waiver of  | 
| 620 | service form. That the noncustodial parent must sign and return  | 
| 621 | the waiver of service form, within 10 days of receipt of the  | 
| 622 | petition, at which time the department shall terminate the  | 
| 623 | administrative proceeding and file an action in circuit court to  | 
| 624 | determine support; | 
| 625 | 
  | 
| 626 | The department may serve the notice of proceeding to establish  | 
| 627 | administrative support order by certified mail, restricted  | 
| 628 | delivery, return receipt requested. Alternatively, the  | 
| 629 | department may serve the notice by any means permitted for  | 
| 630 | service of process in a civil action. For purposes of this  | 
| 631 | section, an authorized employee of the department may serve the  | 
| 632 | notice and execute an affidavit of service. Service by certified  | 
| 633 | mail is completed when the certified mail is received or refused  | 
| 634 | by the addressee or by an authorized agent as designated by the  | 
| 635 | addressee in writing. If a person other than the addressee signs  | 
| 636 | the return receipt, the department shall attempt to reach the  | 
| 637 | addressee by telephone to confirm whether the notice was  | 
| 638 | received, and the department shall document any telephonic  | 
| 639 | communications. If someone other than the addressee signs the  | 
| 640 | return receipt, the addressee does not respond to the notice,  | 
| 641 | and the department is unable to confirm that the addressee has  | 
| 642 | received the notice, service is not completed and the department  | 
| 643 | shall attempt to have the addressee served personally. The  | 
| 644 | department shall provide the custodial parent or caretaker  | 
| 645 | relative with a copy of the notice by regular mail to the last  | 
| 646 | known address of the custodial parent or caretaker. | 
| 647 |      (8)  FILING WITH THE CLERK OF THE CIRCUIT COURT; OFFICIAL  | 
| 648 | PAYMENT RECORD; JUDGMENT BY OPERATION OF LAW.--The department  | 
| 649 | shall file with the clerk of the circuit court a certified copy  | 
| 650 | of an administrative support order rendered under this section.  | 
| 651 | The depository operated pursuant to s. 61.181 for the county  | 
| 652 | where the administrative support order has been filed shall: | 
| 653 |      (a)  Act as the official recordkeeper for payments required  | 
| 654 | under the administrative support order; | 
| 655 |      (b)  Establish and maintain the necessary payment accounts; | 
| 656 |      (c)  Upon a delinquency, initiate the judgment by operation  | 
| 657 | of law procedure as provided by s. 61.14(6); and | 
| 658 |      (d)  Perform all other duties required of a depository with  | 
| 659 | respect to a support order entered by a court of this state. | 
| 660 | 
  | 
| 661 | When a proceeding to establish an administrative support order  | 
| 662 | is commenced under subsection (4), the department shall file a  | 
| 663 | copy of the initial notice with the depository. The depository  | 
| 664 | shall assign an account number and provide the account number to  | 
| 665 | the department within 4 business days after the initial notice  | 
| 666 | is filed. | 
| 667 |      Section 12.  Subsection (3) of section 409.25656, Florida  | 
| 668 | Statutes, is amended to read: | 
| 669 |      409.25656  Garnishment.-- | 
| 670 |      (3)  During the last 30 days of the 60-day period set forth  | 
| 671 | in subsection (1), the executive director or his or her designee  | 
| 672 | may levy upon such credits, personal property, or debts. The  | 
| 673 | levy must be accomplished by delivery of a notice of levy by  | 
| 674 | registered mail, upon receipt of which the person possessing the  | 
| 675 | credits, other personal property, or debts shall transfer them  | 
| 676 | to the department or pay to the department the amount owed by  | 
| 677 | the obligor. If the department levies upon securities and the  | 
| 678 | value of the securities is less than the total amount of past  | 
| 679 | due or overdue support, the person who possesses or controls the  | 
| 680 | securities shall liquidate the securities in a commercially  | 
| 681 | reasonable manner. After liquidation, the person shall transfer  | 
| 682 | to the department the proceeds, less any applicable commissions  | 
| 683 | or fees, or both, which are charged in the normal course of  | 
| 684 | business. If the value of the securities exceeds the total  | 
| 685 | amount of past due or overdue support, the obligor may, within 7  | 
| 686 | days after receipt of the department's notice of levy, instruct  | 
| 687 | the person who possesses or controls the securities which  | 
| 688 | securities are to be sold to satisfy the obligation for past due  | 
| 689 | or overdue support. If the obligor does not provide instructions  | 
| 690 | for liquidation, the person who possesses or controls the  | 
| 691 | securities shall liquidate the securities in a commercially  | 
| 692 | reasonable manner and in an amount sufficient to cover the  | 
| 693 | obligation for past due or overdue support and, less any  | 
| 694 | applicable commissions or fees, or both, which are charged in  | 
| 695 | the normal course of business, beginning with the securities  | 
| 696 | purchased most recently. After liquidation, the person who  | 
| 697 | possesses or controls the securities shall transfer to the  | 
| 698 | department the total amount of past due or overdue support. | 
| 699 |      Section 13.  Section 409.257, Florida Statutes, is amended  | 
| 700 | to read: | 
| 701 |      409.257  Service of process.--The service of initial  | 
| 702 | process and orders in lawsuits filed by the department, under  | 
| 703 | this act, shall be served by the sheriff in the county where the  | 
| 704 | person to be served may be found or, if determined more  | 
| 705 | effective by the department, by any means permitted under  | 
| 706 | chapter 48 for service of process in a civil action. The sheriff  | 
| 707 | shall be reimbursed at the prevailing rate of federal financial  | 
| 708 | participation for service of process and orders as allowed by  | 
| 709 | law. The sheriff shall bill the department monthly as provided  | 
| 710 | for in s. 30.51(2). In addition, process and orders may be  | 
| 711 | served or executed by authorized agents of the department at the  | 
| 712 | department's discretion; provided that the agent of the  | 
| 713 | department does not take any action against personal property,  | 
| 714 | real property, or persons. Notices and other intermediate  | 
| 715 | process, except witness subpoenas, shall be served by the  | 
| 716 | department as provided for in the Florida Rules of Civil  | 
| 717 | Procedure. Witness subpoenas shall be served by the department  | 
| 718 | by certified mail as provided for in s. 48.031(3). | 
| 719 |      Section 14.  Subsections (1) and (2) of section 409.2572,  | 
| 720 | Florida Statutes, are amended to read: | 
| 721 |      409.2572  Cooperation.-- | 
| 722 |      (1)  An applicant for, or recipient of, public assistance  | 
| 723 | for a dependent child shall cooperate in good faith with the  | 
| 724 | department or a program attorney in: | 
| 725 |      (a)  Identifying and helping to locate the alleged parent  | 
| 726 | or obligor. | 
| 727 |      (b)  Assisting in establishing the paternity of a child  | 
| 728 | born out of wedlock. | 
| 729 |      (c)  Assisting in obtaining support payments from the  | 
| 730 | obligor. | 
| 731 |      (d)  Assisting in obtaining any other payments or property  | 
| 732 | due from the obligor. | 
| 733 |      (e)  Identifying another putative father when an earlier  | 
| 734 | named putative father has been excluded by DNA, Human Leukocyte  | 
| 735 | Antigen, or other scientific test. | 
| 736 |      (f)  Appearing at an office of the department, or another  | 
| 737 | designated office, as necessary to provide verbal or written  | 
| 738 | information, or documentary or physical evidence, known to,  | 
| 739 | possessed by, or reasonably obtainable by the applicant or  | 
| 740 | recipient. | 
| 741 |      (g)  Appearing as a witness at judicial or other hearings  | 
| 742 | or proceedings. | 
| 743 |      (h)  Providing information under oath regarding the  | 
| 744 | identity or location of the alleged father of the child or  | 
| 745 | attesting to the lack of information. | 
| 746 |      (i)  Paying to the department any support received from the  | 
| 747 | obligor after the assignment is effective. | 
| 748 |      (2)  Noncooperation, or failure to cooperate in good faith,  | 
| 749 | is defined to include, but is not limited to, the following  | 
| 750 | conduct: | 
| 751 |      (a)  Failing or Refusing to identify the father of the  | 
| 752 | child, or where more than one man could be the father of the  | 
| 753 | child, refusing to identify all such persons. If the mother  | 
| 754 | identifies one or more persons as the possible father of the  | 
| 755 | child and asserts that there are no others who could be the  | 
| 756 | father of the child, but the DNA test, Human Leukocyte Antigen  | 
| 757 | test, or other scientific test indicates that none of the  | 
| 758 | persons identified could in fact have been the father of the  | 
| 759 | child, the mother shall be deemed noncooperative. If she  | 
| 760 | subsequently identifies another person as the possible father of  | 
| 761 | the child, she shall still be deemed noncooperative until that  | 
| 762 | person has been given the DNA test, Human Leukocyte Antigen  | 
| 763 | test, or other scientific test and is not excluded as the father  | 
| 764 | by the test. | 
| 765 |      (b)  Failing to appear for two appointments at the  | 
| 766 | department or other designated office without justification and  | 
| 767 | notice. | 
| 768 |      (c)  Providing false information regarding the paternity of  | 
| 769 | the child or the obligation of the obligor. | 
| 770 |      (d)  All actions of the obligee which interfere with the  | 
| 771 | state's efforts to proceed to establish paternity, the  | 
| 772 | obligation of support, or to enforce or collect support. | 
| 773 |      (e)  Failure to appear to submit a DNA sample at the  | 
| 774 | laboratory for drawing of blood samples, or leaving the location  | 
| 775 | laboratory prior to submitting a DNA sample the drawing of blood  | 
| 776 | samples without compelling reasons. | 
| 777 |      (f)  Failure to assist in the recovery of third-party  | 
| 778 | payment for medical services. | 
| 779 |      Section 15.  Subsection (1) of section 409.259, Florida  | 
| 780 | Statutes, is amended to read: | 
| 781 |      409.259  Partial payment of Filing fees in Title IV-D  | 
| 782 | cases.-- | 
| 783 |      (1)  Notwithstanding s. 28.241, each clerk of the circuit  | 
| 784 | court shall accept petitions, complaints, and motions filed by  | 
| 785 | the department in Title IV-D cases without billing the  | 
| 786 | department separately for each filing, since the clerk is being  | 
| 787 | reimbursed in a different manner for expenses incurred in such  | 
| 788 | filings under the cooperative agreement with the department  | 
| 789 | pursuant to ss. 61.181(1) and 61.1826(2) and (4) only be  | 
| 790 | reimbursed at the prevailing rate of federal financial  | 
| 791 | participation on the amount of $40 for each civil action, suit,  | 
| 792 | or proceeding for support instituted in the circuit court in  | 
| 793 | which the parent is not receiving temporary cash assistance. The  | 
| 794 | prevailing rate of the state match shall be paid by the local  | 
| 795 | government in the form of a certified public expenditure. The  | 
| 796 | clerk of the circuit court shall bill the department monthly.  | 
| 797 | The clerk of the circuit court and the department shall maintain  | 
| 798 | a monthly log of the number of civil actions, suits, or  | 
| 799 | proceedings filed in which the parent does not receive temporary  | 
| 800 | assistance. These monthly logs will be used to determine the  | 
| 801 | number of $40 filings the clerk of court may submit for  | 
| 802 | reimbursement at the prevailing rate of federal financial  | 
| 803 | participation. | 
| 804 |      Section 16.  Effective, July 1, 2004, section 409.2598,  | 
| 805 | Florida Statutes, is amended to read: | 
| 806 |      409.2598  Suspension or denial of new or renewal licenses;  | 
| 807 | registrations; certifications.-- | 
| 808 |      (1)  As used in this section, the term: | 
| 809 |      (a)  "License" means a license, permit, certificate,  | 
| 810 | registration, franchise, or other form of written permission  | 
| 811 | issued by a licensing agency to an individual that authorizes  | 
| 812 | the individual to engage in an occupation, business, trade, or  | 
| 813 | profession or to engage in a recreational activity, including  | 
| 814 | hunting and fishing. Where the context permits, the term also  | 
| 815 | includes an application for a new or renewal license. | 
| 816 |      (b)  "Licensee" means an individual who has a license. | 
| 817 |      (c)  "Licensing agency" means a department, commission,  | 
| 818 | agency, district, county, municipality, or other subdivision of  | 
| 819 | state or local government that issues licenses. | 
| 820 |      (2)(1)  The Title IV-D agency may petition the court that  | 
| 821 | entered the support order or the court that is enforcing the  | 
| 822 | support order to deny or suspend the license, registration, or  | 
| 823 | certificate issued under chapter 370, chapter 372, chapter 409,  | 
| 824 | chapter 455, chapter 456, chapter 559, chapter 1012, s. 328.42,  | 
| 825 | or s. 597.010 of any obligor with a delinquent support  | 
| 826 | obligation or who fails, after receiving appropriate notice, to  | 
| 827 | comply with subpoenas, orders to appear, orders to show cause,  | 
| 828 | or similar orders relating to paternity or support proceedings.  | 
| 829 | However, a petition may not be filed until the Title IV-D agency  | 
| 830 | has exhausted all other available remedies. The purpose of this  | 
| 831 | section is to promote the public policy of the state as  | 
| 832 | established in s. 409.2551. | 
| 833 |      (2)  The Title IV-D agency is authorized to screen all  | 
| 834 | applicants for new or renewal licenses, registrations, or  | 
| 835 | certificates and current licenses, registrations, or  | 
| 836 | certificates and current licensees, registration holders, and  | 
| 837 | certificateholders of all licenses, registrations, and  | 
| 838 | certificates issued under chapter 370, chapter 409, chapter 455,  | 
| 839 | chapter 456, chapter 559, chapter 1012, or s. 328.42 to ensure  | 
| 840 | compliance with any support obligation and any subpoenas, orders  | 
| 841 | to appear, orders to show cause, or similar orders relating to  | 
| 842 | paternity or support proceedings. If the Title IV-D agency  | 
| 843 | determines that an applicant, licensee, registration holder, or  | 
| 844 | certificateholder is an obligor who is delinquent on a support  | 
| 845 | obligation or who is not in compliance with a subpoena, order to  | 
| 846 | appear, order to show cause, or similar order relating to  | 
| 847 | paternity or support proceedings, the Title IV-D agency shall  | 
| 848 | certify the delinquency pursuant to s. 61.14. | 
| 849 |      (3)  The Title IV-D agency shall give notice to any obligor  | 
| 850 | who is an applicant for a new or renewal license or certificate  | 
| 851 | or the holder of a current license or certificate when a  | 
| 852 | delinquency exists in the support obligation or when an obligor  | 
| 853 | has failed to comply with a subpoena, order to appear, order to  | 
| 854 | show cause, or similar order relating to paternity or support  | 
| 855 | proceeding. The notice shall specify that the obligor has 30  | 
| 856 | days from the date of mailing of the notice on which service of  | 
| 857 | the notice is complete to pay the delinquency or to reach an  | 
| 858 | agreement to pay the delinquency with the Title IV-D agency or  | 
| 859 | comply with the subpoena, order to appear, order to show cause,  | 
| 860 | or similar order. The notice shall specify that, if payment is  | 
| 861 | not made or an agreement cannot be reached, or if the subpoena,  | 
| 862 | order to appear, order to show cause, or similar order is not  | 
| 863 | complied with, the application may be denied or the license or  | 
| 864 | certification may be suspended pursuant to a court order. | 
| 865 |      (4)  If the obligor fails to pay the delinquency or enter  | 
| 866 | into a repayment agreement with the department reach an  | 
| 867 | agreeable payment arrangement or comply with the subpoena, order  | 
| 868 | to appear, order to show cause, or similar order within 30 days  | 
| 869 | following completion of service of the notice, the Title IV-D  | 
| 870 | agency shall send a second notice to the obligor stating that  | 
| 871 | the obligor has 30 days to pay the delinquency or reach an  | 
| 872 | agreement to pay the delinquency with the Title IV-D agency or  | 
| 873 | comply with the subpoena, order to appear, order to show cause,  | 
| 874 | or similar order. If the obligor fails to respond to either  | 
| 875 | notice from the Title IV-D agency or if the obligor fails to pay  | 
| 876 | the delinquency or reach an agreement to pay the delinquency or  | 
| 877 | comply with the subpoena, order to appear, order to show cause,  | 
| 878 | or similar order after the second notice, the Title IV-D agency  | 
| 879 | may petition the court which entered the support order or the  | 
| 880 | court which is enforcing the support order to deny the  | 
| 881 | application for the license or certificate or to suspend the  | 
| 882 | license or certificate of the obligor. However, no petition may  | 
| 883 | be filed until the Title IV-D agency has exhausted all other  | 
| 884 | available remedies. The court may find that it would be  | 
| 885 | inappropriate to deny a license or suspend a license or  | 
| 886 | certificate if: | 
| 887 |      (a)  Denial or suspension would result in irreparable harm  | 
| 888 | to the obligor or employees of the obligor or would not  | 
| 889 | accomplish the objective of collecting the delinquency; or | 
| 890 |      (b)  The obligor demonstrates that he or she has made a  | 
| 891 | good faith effort to reach an agreement with the Title IV-D  | 
| 892 | agency. | 
| 893 | 
  | 
| 894 | The court may not deny or suspend a license or certificate if  | 
| 895 | the court determines that an alternative remedy is available to  | 
| 896 | the Title IV-D agency which is likely to accomplish the  | 
| 897 | objective of collecting the delinquency or obtaining compliance  | 
| 898 | with the subpoena, order to appear, order to show cause, or  | 
| 899 | similar order. If the obligor fails in the defense of a petition  | 
| 900 | for denial or suspension, the court which entered the support  | 
| 901 | order or the court which is enforcing the support order shall  | 
| 902 | enter an order to deny the application for the license or  | 
| 903 | certification or to suspend the license or certification of the  | 
| 904 | obligor. The court shall order the obligor to surrender the  | 
| 905 | license or certification to the Title IV-D agency, which will  | 
| 906 | return the license or certification and a copy of the order of  | 
| 907 | suspension to the appropriate department or licensing agency  | 
| 908 | entity. | 
| 909 |      (5)  If the court denies or suspends a license or  | 
| 910 | certification and the obligor subsequently pays the delinquency  | 
| 911 | or reaches an agreement with the Title IV-D agency to settle the  | 
| 912 | delinquency and makes the first payment required by the  | 
| 913 | agreement, or complies with the subpoena, order to appear, order  | 
| 914 | to show cause, or similar order, the license or certificate  | 
| 915 | shall be issued or reinstated upon written proof to the court  | 
| 916 | that the obligor has complied with the terms of the court order,  | 
| 917 | subpoena, order to appear, order to show cause, or similar  | 
| 918 | order. Proof of payment shall consist of a certified copy of the  | 
| 919 | payment record issued by the depository. The court shall order  | 
| 920 | the appropriate licensing agency department or license board to  | 
| 921 | issue or reinstate the license or certificate without additional  | 
| 922 | charge to the obligor. | 
| 923 |      (6)  The licensing agency department shall, when directed  | 
| 924 | by the court, suspend or deny the license or certificate of any  | 
| 925 | licensee or certificateholder under its jurisdiction found to  | 
| 926 | have a delinquent support obligation or not to be in compliance  | 
| 927 | with a subpoena, order to appear, order to show cause, or  | 
| 928 | similar order. The licensing agency department shall issue or  | 
| 929 | reinstate the license or certificate without additional charge  | 
| 930 | to the licensee or certificateholder when notified by the court  | 
| 931 | that the licensee or certificateholder has complied with the  | 
| 932 | terms of the court order, or subpoena, order to appear, order to  | 
| 933 | show cause, or similar order. | 
| 934 |      (7)  Notice shall be served under this section by regular  | 
| 935 | mail mailing it by certified mail, return receipt requested, to  | 
| 936 | the obligor at his or her last address of record with the local  | 
| 937 | depository or a more recent address, if known. If the obligor  | 
| 938 | has no address of record with the local depository, or if the  | 
| 939 | last address of record with the local depository is incorrect,  | 
| 940 | service shall be by publication as provided in chapter 49. When  | 
| 941 | service of the notice is made by mail, service is complete upon  | 
| 942 | the receipt of the notice by the obligor. | 
| 943 |      Section 17.  Section 409.25659, Florida Statutes, is  | 
| 944 | created to read: | 
| 945 |      409.25659  Insurance claim data exchange.-- | 
| 946 |      (1)  As used in this section, the term: | 
| 947 |      (a)  "Insurer" means an entity that is responsible for  | 
| 948 | paying a claim on liability coverage in an insurance contract  | 
| 949 | and which is: | 
| 950 |      1.  An insurer, as defined in s. 624.03, authorized to  | 
| 951 | transact insurance in this state; | 
| 952 |      2.  An eligible surplus lines insurer pursuant to part VIII  | 
| 953 | of chapter 626; | 
| 954 |      3.  A joint underwriter or joint reinsurer created by law  | 
| 955 | or otherwise operating pursuant to s. 627.311; or | 
| 956 |      4.  An insurance risk apportionment plan operating pursuant  | 
| 957 | to s. 627.351. | 
| 958 |      (b)  "Claim" means an open, unresolved claim on liability  | 
| 959 | coverage in an insurance contract payable to an individual, or  | 
| 960 | to a third party for the benefit of the individual, who is a  | 
| 961 | resident of this state or who had an accident or loss that  | 
| 962 | occurred in this state. | 
| 963 |      (2)  The department shall develop and operate a data match  | 
| 964 | system after consultation with one or more insurers, using  | 
| 965 | automated data exchanges to the maximum extent feasible, in  | 
| 966 | which an insurer is required to provide the department monthly  | 
| 967 | with the name, address, and, if known, date of birth and social  | 
| 968 | security number or other taxpayer identification number for each  | 
| 969 | noncustodial parent who has a claim with the insurer and who  | 
| 970 | owes past due support, and the claim number, claim processing  | 
| 971 | agent's name, address, and phone number, and any other  | 
| 972 | identifying information maintained by the insurer for each  | 
| 973 | claim. An insurer may comply with this requirement by: | 
| 974 |      (a)  Authorizing the department to obtain claim information  | 
| 975 | from an insurance claim data collection organization to which  | 
| 976 | the insurer subscribes and to which the insurer submits the  | 
| 977 | required claim data on at least a monthly basis; | 
| 978 |      (b)  Providing the required data for each claim being  | 
| 979 | maintained by the insurer directly to the department in an  | 
| 980 | electronic medium; or | 
| 981 |      (c)  Receiving a data file from the department and  | 
| 982 | conducting a data match of all noncustodial parents who have a  | 
| 983 | claim with the insurer and who owe past due support and  | 
| 984 | submitting the required data for each noncustodial parent to the  | 
| 985 | department. | 
| 986 |      (3)  The department shall establish by rule a standard fee,  | 
| 987 | not to exceed actual costs, and pay the fee upon request to an  | 
| 988 | insurer for conducting a data match as provided by subsection  | 
| 989 | (2)(c). | 
| 990 |      (4)  An insurer and its directors, agents, and employees,  | 
| 991 | and any central reporting organization and its agents and  | 
| 992 | employees authorized by an insurer to act on its behalf, which  | 
| 993 | comply with the requirements of this section are immune from any  | 
| 994 | liability to the claimant or other payees, lien holders, or  | 
| 995 | other affected entities for any alleged or actual damages that  | 
| 996 | occur as a result of compliance with these requirements. | 
| 997 |      (5)  The department may adopt rules to implement and  | 
| 998 | administer this section. | 
| 999 |      Section 18.  Effective July 1, 2004, subsection (1) of  | 
| 1000 | section 742.10, Florida Statutes, is amended to read: | 
| 1001 |      742.10  Establishment of paternity for children born out of  | 
| 1002 | wedlock.-- | 
| 1003 |      (1)  This chapter provides the primary jurisdiction and  | 
| 1004 | procedures for the determination of paternity for children born  | 
| 1005 | out of wedlock. When the establishment of paternity has been  | 
| 1006 | raised and determined within an adjudicatory hearing brought  | 
| 1007 | under the statutes governing inheritance, or dependency under  | 
| 1008 | workers' compensation or similar compensation programs, or when  | 
| 1009 | an affidavit acknowledging paternity or a stipulation of  | 
| 1010 | paternity is executed by both parties and filed with the clerk  | 
| 1011 | of the court, or when an affidavit, a or notarized voluntary  | 
| 1012 | acknowledgment of paternity, or a voluntary acknowledgment of  | 
| 1013 | paternity that is witnessed by two individuals and signed under  | 
| 1014 | penalty of perjury as provided for in s. 382.013 or s. 382.016  | 
| 1015 | is executed by both parties, it shall constitute the  | 
| 1016 | establishment of paternity for purposes of this chapter. If no  | 
| 1017 | adjudicatory proceeding was held, a notarized voluntary  | 
| 1018 | acknowledgment of paternity or voluntary acknowledgment of  | 
| 1019 | paternity that is witnessed by two individuals and signed under  | 
| 1020 | penalty of perjury as specified by s. 92.525(2) shall create a  | 
| 1021 | rebuttable presumption, as defined by s. 90.304, of paternity  | 
| 1022 | and is subject to the right of any signatory to rescind the  | 
| 1023 | acknowledgment within 60 days of the date the acknowledgment was  | 
| 1024 | signed or the date of an administrative or judicial proceeding  | 
| 1025 | relating to the child, including a proceeding to establish a  | 
| 1026 | support order, in which the signatory is a party, whichever is  | 
| 1027 | earlier. Both parents shall are required to provide their social  | 
| 1028 | security numbers on any acknowledgment of paternity, consent  | 
| 1029 | affidavit, or stipulation of paternity. Except for affidavits  | 
| 1030 | under seal pursuant to ss. 382.015 and 382.016, the Office of  | 
| 1031 | Vital Statistics shall provide certified copies of affidavits to  | 
| 1032 | the Title IV-D agency upon request. | 
| 1033 |      Section 19.  Except as otherwise provided herein, this act  | 
| 1034 | shall take effect upon becoming a law. |