HB 1759

CS

CHAMBER ACTION

1	The Committee on Insurance recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to child support; amending s. 61.046,
7	F.S.; revising a definition; amending s. 61.13, F.S.;
8	eliminating the requirement that a minor child's social
9	security number be included in a support order; amending
10	s. 61.1301, F.S.; revising the statement of obligor's
11	rights and notice requirement to include a requirement of
12	continued support under certain circumstances; requiring
13	an obligor to petition for an administrative hearing under
14	certain circumstances; providing for the continuation of a
15	support obligation after emancipation of the minor under
16	certain circumstances; providing for application to
17	support orders or income deduction orders entered before,
18	on, or after July 1, 2004; amending s. 61.14, F.S;
19	providing for continuation of a support obligation at the
20	same amount after emancipation until any arrearage is
21	satisfied; providing for application to support orders
22	entered before, on, or after July 1, 2004; amending s.
23	61.181, F.S.; requiring the state depository to establish
24	an account for receipt and disbursement of certain
25	payments upon request of the Department of Revenue;
26	requiring the department to provide certain documentation
27	with such request; amending s. 61.1814, F.S.; providing
28	for types of moneys to be deposited into the Child Support
29	Enforcement Application and Program Revenue Trust Fund;
30	providing for use of such moneys; amending s. 120.80,
31	F.S.; providing proper venue for certain administrative
32	hearings; providing exceptions; amending ss. 382.013,
33	382.016, and 742.10, F.S.; authorizing use of an alternate
34	voluntary acknowledgment of paternity; amending s.
35	409.2558, F.S.; requiring notice to the noncustodial
36	parent before applying an undistributable support
37	collection to another support order; amending s. 409.2561,
38	F.S.; authorizing the department to establish the
39	liability of an obligor; amending s. 409.2563, F.S.;
40	revising the manner in which a noncustodial parent may
41	request the department to bring proceedings in circuit
42	court; providing requirements for such request; providing
43	that the department shall only be a party to such an
44	action to the extent there are Title IV-D issues;
45	requiring the department to file a copy of the initial
46	notice with the depository; requiring the depository to
47	provide an account number; amending s. 409.25656, F.S.;
48	revising provisions for coverage of the applicable
49	commissions and fees for liquidation of an obligor's
50	assets; amending s. 409.257, F.S.; authorizing alternative
51	means for service of process; amending s. 409.2572, F.S.;
52	providing for cooperation in good faith; revising a
53	definition; amending s. 409.259, F.S.; revising the manner
54	of reimbursement to the clerk of court for court filing
55	fees in certain cases; amending s. 409.2598, F.S.;
56	providing definitions; revising provisions to conform with
57	new definitions; removing authorization for Title IV-D
58	agencies to screen applicants under certain circumstances;
59	revising the computation of time for certain notices;
60	providing for repayment agreements; providing for notice
61	by regular mail; deleting the requirement for notice by
62	certified mail; creating s. 409.25659, F.S.; providing
63	definitions; requiring the department to develop a data
64	match system; providing requirements for such system;
65	authorizing an insurer to participate in such system;
66	providing methods; requiring the department to establish a
67	fee; providing immunity for certain insurers; authorizing
68	the department to adopt rules; providing effective dates.
69
70	Be It Enacted by the Legislature of the State of Florida:
71
72	Section 1.  Subsection (19) of section 61.046, Florida
73	Statutes, is amended to read:
74	61.046  Definitions.--As used in this chapter:
75	(19)  "Support order" means a judgment, decree, or order,
76	whether temporary or final, issued by a court of competent
77	jurisdiction or administrative agency for the support and
78	maintenance of a child which provides for monetary support,
79	health care, arrearages, or past support. When the child support
80	obligation is being enforced by the Department of Revenue, the
81	term "support order" also means a judgment, decree, or order,
82	whether temporary or final, issued by a court of competent
83	jurisdiction for the support and maintenance of a child and the
84	spouse or former spouse of the obligor with whom the child is
85	living which provides for monetary support, health care,
86	arrearages, or past support.
87	Section 2.  Paragraph (d) of subsection (1) of section
88	61.13, Florida Statutes, is amended to read:
89	61.13  Custody and support of children; visitation rights;
90	power of court in making orders.--
91	(1)
92	(d)1.  Unless the provisions of subparagraph 3. apply, all
93	child support orders entered on or after January 1, 1985, shall
94	direct that the payments of child support be made as provided in
95	s. 61.181 through the depository in the county where the court
96	is located. All child support orders shall provide the full name
97	and, date of birth, and social security number of each minor
98	child who is the subject of the child support order.
99	2.  Unless the provisions of subparagraph 3. apply, all
100	child support orders entered before January 1, 1985, shall be
101	modified by the court to direct that payments of child support
102	shall be made through the depository in the county where the
103	court is located upon the subsequent appearance of either or
104	both parents to modify or enforce the order, or in any related
105	proceeding.
106	3.  If both parties request and the court finds that it is
107	in the best interest of the child, support payments need not be
108	directed through the depository. The order of support shall
109	provide, or shall be deemed to provide, that either party may
110	subsequently apply to the depository to require direction of the
111	payments through the depository. The court shall provide a copy
112	of the order to the depository.
113	4.  If the parties elect not to require that support
114	payments be made through the depository, any party may
115	subsequently file an affidavit with the depository alleging a
116	default in payment of child support and stating that the party
117	wishes to require that payments be made through the depository.
118	The party shall provide copies of the affidavit to the court and
119	to each other party. Fifteen days after receipt of the
120	affidavit, the depository shall notify both parties that future
121	payments shall be paid through the depository.
122	5.  In IV-D cases, the IV-D agency shall have the same
123	rights as the obligee in requesting that payments be made
124	through the depository.
125	Section 3.  Effective July 1, 2004, paragraphs (b) and (e)
126	of subsection (1), paragraphs (e) and (f) of subsection (2), and
127	subsection (3) of section 61.1301, Florida Statutes, are amended
128	to read:
129	61.1301  Income deduction orders.--
130	(1)  ISSUANCE IN CONJUNCTION WITH AN ORDER ESTABLISHING,
131	ENFORCING, OR MODIFYING AN OBLIGATION FOR ALIMONY OR CHILD
132	SUPPORT.--
133	(b)  The income deduction order shall:
134	1.  Direct a payor to deduct from all income due and
135	payable to an obligor the amount required by the court to meet
136	the obligor's support obligation including any attorney's fees
137	or costs owed and forward the deducted amount pursuant to the
138	order.
139	2.  State the amount of arrearage owed, if any, and direct
140	a payor to withhold an additional 20 percent or more of the
141	periodic amount specified in the order establishing, enforcing,
142	or modifying the obligation, until full payment is made of any
143	arrearage, attorney's fees and costs owed, provided no deduction
144	shall be applied to attorney's fees and costs until the full
145	amount of any arrearage is paid;
146	3.  Direct a payor not to deduct in excess of the amounts
147	allowed under s. 303(b) of the Consumer Credit Protection Act,
148	15 U.S.C. s. 1673(b), as amended;
149	4.  Direct whether a payor shall deduct all, a specified
150	portion, or no income which is paid in the form of a bonus or
151	other similar one-time payment, up to the amount of arrearage
152	reported in the income deduction notice or the remaining balance
153	thereof, and forward the payment to the governmental depository.
154	For purposes of this subparagraph, "bonus" means a payment in
155	addition to an obligor's usual compensation and which is in
156	addition to any amounts contracted for or otherwise legally due
157	and shall not include any commission payments due an obligor;
158	5.  In Title IV-D cases, direct a payor to provide to the
159	court depository the date on which each deduction is made; and
160	6.  In Title IV-D cases, if an obligation to pay current
161	support is reduced or terminated due to emancipation of a child
162	and the obligor owes an arrearage, retroactive support,
163	delinquency, or costs, direct the payor to continue the income
164	deduction at the rate in effect immediately prior to
165	emancipation until all arrearages, retroactive support,
166	delinquencies, and costs are paid in full or until the amount of
167	withholding is modified; and
168	7.6.  Direct that, at such time as the State Disbursement
169	Unit becomes operational, all payments in those cases in which
170	the obligee is receiving Title IV-D services and in those cases
171	in which the obligee is not receiving Title IV-D services in
172	which the initial support order was issued in this state on or
173	after January 1, 1994, and in which the obligor's child support
174	obligation is being paid through income deduction, be made
175	payable to and delivered to the State Disbursement Unit.
176	Notwithstanding any other statutory provision to the contrary,
177	funds received by the State Disbursement Unit shall be held,
178	administered, and disbursed by the State Disbursement Unit
179	pursuant to the provisions of this chapter.
180	(e)  Statement of obligor's rights. When the court orders
181	the income deduction to be effective immediately, the court
182	shall furnish to the obligor a statement of his or her rights,
183	remedies, and duties in regard to the income deduction order.
184	The statement shall state:
185	1.  All fees or interest which shall be imposed.
186	2.  The total amount of income to be deducted for each pay
187	period until the arrearage, if any, is paid in full and shall
188	state the total amount of income to be deducted for each pay
189	period thereafter. The amounts deducted may not be in excess of
190	that allowed under s. 303(b) of the Consumer Credit Protection
191	Act, 15 U.S.C. s. 1673(b), as amended.
192	3.  That the income deduction order applies to current and
193	subsequent payors and periods of employment.
194	4.  That a copy of the income deduction order or, in Title
195	IV-D cases, the income deduction notice will be served on the
196	obligor's payor or payors.
197	5.  That enforcement of the income deduction order may only
198	be contested on the ground of mistake of fact regarding the
199	amount owed pursuant to the order establishing, enforcing, or
200	modifying the obligation, the arrearages, or the identity of the
201	obligor, the payor, or the obligee.
202	6.  That the obligor is required to notify the obligee and,
203	when the obligee is receiving IV-D services, the IV-D agency
204	within 7 days of changes in the obligor's address, payors, and
205	the addresses of his or her payors.
206	7.  That, in Title IV-D cases, if an obligation to pay
207	current support is reduced or terminated due to the emancipation
208	of a child and the obligor owes an arrearage, retroactive
209	support, delinquency, or costs, income deduction continues at
210	the rate in effect immediately prior to emancipation until all
211	arrearages, retroactive support, delinquencies, and costs are
212	paid in full or until the amount of withholding is modified.
213	(2)  ENFORCEMENT OF INCOME DEDUCTION ORDERS.--
214	(e)  Notice to payor and income deduction notice. The
215	notice to payor or, in Title IV-D cases, income deduction notice
216	shall contain only information necessary for the payor to comply
217	with the order providing for income deduction. The notice shall:
218	1.  Provide the obligor's social security number.
219	2.  Require the payor to deduct from the obligor's income
220	the amount specified in the income deduction order, and in the
221	case of a delinquency the amount specified in the notice of
222	delinquency, and to pay that amount to the obligee or to the
223	depository, as appropriate. The amount actually deducted plus
224	all administrative charges shall not be in excess of the amount
225	allowed under s. 303(b) of the Consumer Credit Protection Act,
226	15 U.S.C. s. 1673(b);
227	3.  Instruct the payor to implement income deduction no
228	later than the first payment date which occurs more than 14 days
229	after the date the income deduction notice was served on the
230	payor, and the payor shall conform the amount specified in the
231	income deduction order or, in Title IV-D cases, income deduction
232	notice to the obligor's pay cycle. The court should request at
233	the time of the order that the payment cycle reflect that of the
234	payor;
235	4.  Instruct the payor to forward, within 2 days after each
236	date the obligor is entitled to payment from the payor, to the
237	obligee or to the depository the amount deducted from the
238	obligor's income, a statement as to whether the amount totally
239	or partially satisfies the periodic amount specified in the
240	income deduction order or, in Title IV-D cases, income deduction
241	notice, and the specific date each deduction is made. If the IV-
242	D agency is enforcing the order, the payor shall make these
243	notifications to the agency instead of the obligee;
244	5.  Specify that if a payor fails to deduct the proper
245	amount from the obligor's income, the payor is liable for the
246	amount the payor should have deducted, plus costs, interest, and
247	reasonable attorney's fees;
248	6.  Provide that the payor may collect up to $5 against the
249	obligor's income to reimburse the payor for administrative costs
250	for the first income deduction and up to $2 for each deduction
251	thereafter;
252	7.  State that the notice to payor or, in Title IV-D cases,
253	income deduction notice, and in the case of a delinquency the
254	notice of delinquency, are binding on the payor until further
255	notice by the obligee, IV-D agency, or the court or until the
256	payor no longer provides income to the obligor;
257	8.  Instruct the payor that, when he or she no longer
258	provides income to the obligor, he or she shall notify the
259	obligee and shall also provide the obligor's last known address
260	and the name and address of the obligor's new payor, if known;
261	and that, if the payor violates this provision, the payor is
262	subject to a civil penalty not to exceed $250 for the first
263	violation or $500 for any subsequent violation. If the IV-D
264	agency is enforcing the order, the payor shall make these
265	notifications to the agency instead of to the obligee. Penalties
266	shall be paid to the obligee or the IV-D agency, whichever is
267	enforcing the income deduction order;
268	9.  State that the payor shall not discharge, refuse to
269	employ, or take disciplinary action against an obligor because
270	of the requirement for income deduction and shall state that a
271	violation of this provision subjects the payor to a civil
272	penalty not to exceed $250 for the first violation or $500 for
273	any subsequent violation. Penalties shall be paid to the obligee
274	or the IV-D agency, whichever is enforcing the income deduction,
275	if any alimony or child support obligation is owing. If no
276	alimony or child support obligation is owing, the penalty shall
277	be paid to the obligor;
278	10.  State that an obligor may bring a civil action in the
279	courts of this state against a payor who refuses to employ,
280	discharges, or otherwise disciplines an obligor because of
281	income deduction. The obligor is entitled to reinstatement and
282	all wages and benefits lost, plus reasonable attorney's fees and
283	costs incurred;
284	11.  Inform the payor that the requirement for income
285	deduction has priority over all other legal processes under
286	state law pertaining to the same income and that payment, as
287	required by the notice to payor or income deduction notice, is a
288	complete defense by the payor against any claims of the obligor
289	or his or her creditors as to the sum paid;
290	12.  Inform the payor that, when the payor receives notices
291	to payor or income deduction notices requiring that the income
292	of two or more obligors be deducted and sent to the same
293	depository, the payor may combine the amounts that are to be
294	paid to the depository in a single payment as long as the
295	payments attributable to each obligor are clearly identified;
296	and
297	13.  Inform the payor that if the payor receives more than
298	one notice to payor or income deduction notice against the same
299	obligor, the payor shall contact the court or, in Title IV-D
300	cases, the Title IV-D agency for further instructions. Upon
301	being so contacted, the court or, in Title IV-D cases when all
302	the cases upon which the notices are based are Title IV-D cases,
303	the Title IV-D agency shall allocate amounts available for
304	income deduction as provided in subsection (4); and.
305	14.  State that, in Title IV-D cases, if an obligation to
306	pay current support is reduced or terminated due to the
307	emancipation of a child and the obligor owes an arrearage,
308	retroactive support, delinquency, or costs, income deduction
309	continues at the rate in effect immediately prior to
310	emancipation until all arrearages, retroactive support,
311	delinquencies, and costs are paid in full or until the amount of
312	withholding is modified.
313	(f)  At any time an income deduction order is being
314	enforced, the obligor may apply to the court for a hearing to
315	contest the continued enforcement of the income deduction on the
316	same grounds set out in paragraph (c), with a copy to the
317	obligee and, in Title IV-D cases, to the Title IV-D agency. If
318	the income deduction order being enforced was rendered by the
319	Title IV-D agency pursuant to s. 409.2563 and the obligor
320	contests withholding, the obligor shall file a petition for an
321	administrative hearing with the Title IV-D agency. The
322	application or petition does not affect the continued
323	enforcement of the income deduction until the court, or Title
324	IV-D agency, if applicable, enters an order granting relief to
325	the obligor. The obligee or the Title IV-D agency is released
326	from liability for improper receipt of moneys pursuant to an
327	income deduction order upon return to the appropriate party of
328	any moneys received.
329	(3)(a)  It is the intent of the Legislature that this
330	section may be used to collect arrearages in child support
331	payments or in alimony payments which have been accrued against
332	an obligor.
333	(b)  In Title IV-D cases, if an obligation to pay current
334	support is reduced or terminated due to the emancipation of a
335	child and the obligor owes an arrearage, retroactive support,
336	delinquency, or costs, income deduction continues at the rate in
337	effect immediately prior to emancipation until all arrearages,
338	retroactive support, delinquencies, and costs are paid in full
339	or until the amount of withholding is modified. Any income-
340	deducted amount that is in excess of the obligation to pay
341	current support shall be credited against the arrearages,
342	retroactive support, delinquency, and costs owed by the obligor.
343	The department shall send notice of this requirement by regular
344	mail to the payor and the depository operated pursuant to s.
345	61.181, and the notice shall state the amount of the obligation
346	to pay current support, if any, and the amount owed for
347	arrearages, retroactive support, delinquency, and costs. For
348	income deduction orders entered before July 1, 2004, that do not
349	include this requirement, the department shall send by certified
350	mail, restricted delivery, return receipt requested, to the
351	obligor at the most recent address provided by the obligor to
352	the tribunal that issued the order or a more recent address if
353	known, notice of this requirement, that the obligor may contest
354	the withholding as provided in paragraph (2)(f), and that the
355	obligor may request the tribunal that issued the income
356	deduction order to modify the amount of withholding. This
357	paragraph provides an additional remedy for collection of unpaid
358	support and applies to cases in which a support order or income
359	deduction order was entered before, on, or after July 1, 2004.
360	Section 4.  Subsection (9) is added to section 61.14,
361	Florida Statutes, to read:
362	61.14 Enforcement and modification of support, maintenance,
363	or alimony agreements or orders.--
364	(9)(a)  In a Title IV-D case, if an obligation to pay
365	current support is terminated due to the emancipation of the
366	child and the obligor owes an arrearage, retroactive support,
367	delinquency, or costs, the obligor shall continue to pay at the
368	same rate in effect immediately prior to emancipation until all
369	arrearages, retroactive support, delinquencies, and costs are
370	paid in full or until the amount of the order is modified. Any
371	income-deducted amount or amount paid by the obligor that is in
372	excess of the obligation to pay current support shall be
373	credited against the arrearages, retroactive support,
374	delinquency, and costs owed by the obligor.
375	(b)  In a Title IV-D case, if an obligation to pay current
376	child support for multiple children is reduced due to the
377	emancipation of one child and the obligor owes an arrearage,
378	retroactive support, delinquency, or costs, the obligor shall
379	continue to pay at the same rate in effect immediately prior to
380	emancipation until all arrearages, retroactive support,
381	delinquencies, and costs are paid in full or until the amount of
382	the order is modified. Any income-deducted amount or amount paid
383	by the obligor that is in excess of the obligation to pay
384	current support shall be credited against the arrearages,
385	retroactive support, delinquency, and costs owed by the obligor.
386	If an obligation to pay current support for more than one child
387	is not reduced when a child emancipates because the order does
388	not allocate support per child, this paragraph does not apply.
389	(c)  Paragraphs (a) and (b) provide an additional remedy
390	for collection of unpaid support and apply to cases in which a
391	support order was entered before, on, or after July 1, 2004.
392	Section 5.  Effective July 1, 2004, subsection (1) of
393	section 61.181, Florida Statutes, is amended to read:
394	61.181  Depository for alimony transactions, support,
395	maintenance, and support payments; fees.--
396	(1)(a)  The office of the clerk of the court shall operate
397	a depository unless the depository is otherwise created by
398	special act of the Legislature or unless, prior to June 1, 1985,
399	a different entity was established to perform such functions.
400	The department shall, no later than July 1, 1998, extend
401	participation in the federal child support cost reimbursement
402	program to the central depository in each county, to the maximum
403	extent possible under existing federal law. The depository shall
404	receive reimbursement for services provided under a cooperative
405	agreement with the department pursuant to s. 61.1826. Each
406	depository shall participate in the State Disbursement Unit and
407	shall implement all statutory and contractual duties imposed on
408	the State Disbursement Unit. Each depository shall receive from
409	and transmit to the State Disbursement Unit required data
410	through the Clerk of Court Child Support Enforcement Collection
411	System. Payments on non-Title IV-D cases without income
412	deduction orders shall not be sent to the State Disbursement
413	Unit.
414	(b)  Upon request of the department, the depository created
415	pursuant to paragraph (a) shall establish an account for the
416	receipt and disbursement of support payments for Title IV-D
417	interstate cases. The department shall provide a copy of the
418	other state's order with the request, and the depository shall
419	advise the department of the account number in writing within 4
420	business days after receipt of such request.
421	Section 6.  Section 61.1814, Florida Statutes, is amended
422	to read:
423	61.1814  Child Support Enforcement Application and Program
424	Revenue Trust Fund.--
425	(1)  The Child Support Enforcement Application and Program
426	Revenue Trust Fund is hereby created, to be administered by the
427	Department of Revenue. The purpose of the trust fund is to
428	account for Title IV-D program income and to support the
429	activities of the child support enforcement program under Title
430	IV-D of the Social Security Act. The department shall invest the
431	moneys in the trust fund pursuant to s. 17.61 and retain all
432	interest earnings in the trust fund. Notwithstanding the
433	provisions of s. 216.301 and pursuant to s. 216.351, any balance
434	in the trust fund at the end of any fiscal year shall remain in
435	the trust fund and shall be available for carrying out the
436	purposes of the trust fund. In accordance with federal
437	requirements, the federal share of program income shall be
438	credited to the Federal Government.
439	(2)  With the exception of fees required to be deposited in
440	the Clerk of the Court Child Support Enforcement Collection
441	System Trust Fund under s. 61.181(2)(b) and collections
442	determined to be undistributable or unidentifiable under s.
443	409.2558, the fund shall be used for the deposit of Title IV-D
444	program income received by the department. Each type of program
445	income received shall be accounted for separately. Program
446	income received by the department includes, but is not limited
447	to:
448	(a)  Application fees of nonpublic assistance applicants
449	for child support enforcement services.
450	(b)  Court-ordered costs recovered from child support
451	obligors.
452	(c)  Interest on child support collections.
453	(d)  The balance of fees received under s. 61.181(2)(a) on
454	non-Title IV-D cases required to be processed through the State
455	Disbursement Unit after the clerk's share is paid. and
456	(e)  Fines imposed under ss. 409.2564(8) and 409.2578.
457	Moneys deposited from fines imposed under ss. 409.2564(8) and
458	409.2578 shall be maintained separately from moneys deposited
459	from application fees.
460	Section 7.  Paragraph (c) of subsection (14) of section
461	120.80, Florida Statutes, is amended to read:
462	120.80  Exceptions and special requirements; agencies.--
463	(14)  DEPARTMENT OF REVENUE.--
464	(c)  Proceedings for administrative support orders.--In
465	proceedings for the establishment of administrative support
466	orders pursuant to s. 409.2563, final orders in cases referred
467	by the Department of Revenue to the Division of Administrative
468	Hearings shall be entered by the division's administrative law
469	judge and transmitted to the Department of Revenue for filing
470	and rendering. The Department of Revenue has the right to seek
471	judicial review under s. 120.68 of a final order entered by an
472	administrative law judge. Administrative support orders rendered
473	pursuant to s. 409.2563 may be enforced pursuant to s. 120.69
474	or, alternatively, by any method prescribed by law for the
475	enforcement of judicial support orders, except contempt.
476	Hearings held by the Division of Administrative Hearings
477	pursuant to s. 409.2563 shall be held in the judicial circuit in
478	which the person receiving services under Title IV-D resides or,
479	if the person receiving services under Title IV-D does not
480	reside in this state, in the judicial circuit in which the
481	respondent resides. If the department and the respondent agree,
482	the hearing may be held in another location. If ordered by the
483	administrative law judge, the hearing may be conducted by
484	telephone or videoconference.
485	Section 8.  Effective July 1, 2004, paragraph (c) of
486	subsection (2) of section 382.013, Florida Statutes, is amended
487	to read:
488	382.013  Birth registration.--A certificate for each live
489	birth that occurs in this state shall be filed within 5 days
490	after such birth with the local registrar of the district in
491	which the birth occurred and shall be registered by the local
492	registrar if the certificate has been completed and filed in
493	accordance with this chapter and adopted rules. The information
494	regarding registered births shall be used for comparison with
495	information in the state case registry, as defined in chapter
496	61.
497	(2)  PATERNITY.--
498	(c)  If the mother is not married at the time of the birth,
499	the name of the father may not be entered on the birth
500	certificate without the execution of an affidavit signed by both
501	the mother and the person to be named as the father. The
502	facility shall give notice orally or through the use of video or
503	audio equipment, and in writing, of the alternatives to, the
504	legal consequences of, and the rights, including, if one parent
505	is a minor, any rights afforded due to minority status, and
506	responsibilities that arise from signing an acknowledgment of
507	paternity, as well as information provided by the Title IV-D
508	agency established pursuant to s. 409.2557, regarding the
509	benefits of voluntary establishment of paternity. Upon request
510	of the mother and the person to be named as the father, the
511	facility shall assist in the execution of the affidavit or a
512	notarized voluntary acknowledgment of paternity, or a voluntary
513	acknowledgment of paternity that is witnessed by two individuals
514	and signed under penalty of perjury as specified in s.
515	92.525(2).
516	Section 9.  Effective July 1, 2004, paragraph (b) of
517	subsection (1) of section 382.016, Florida Statutes, is amended
518	to read:
519	382.016  Amendment of records.--The department, upon
520	receipt of the fee prescribed in s. 382.0255; documentary
521	evidence, as specified by rule, of any misstatement, error, or
522	omission occurring in any birth, death, or fetal death record;
523	and an affidavit setting forth the changes to be made, shall
524	amend or replace the original certificate as necessary.
525	(1)  CERTIFICATE OF LIVE BIRTH AMENDMENT.--
526	(b)  Upon written request and receipt of an affidavit or
527	notarized voluntary acknowledgment of paternity signed by the
528	mother and father acknowledging the paternity of a registrant
529	born out of wedlock, or a voluntary acknowledgment of paternity
530	that is witnessed by two individuals and signed under penalty of
531	perjury as specified in s. 92.525(2), together with sufficient
532	information to identify the original certificate of live birth,
533	the department shall prepare a new birth certificate, which
534	shall bear the same file number as the original birth
535	certificate. The names and identifying information of the
536	parents shall be entered as of the date of the registrant's
537	birth. The surname of the registrant may be changed from that
538	shown on the original birth certificate at the request of the
539	mother and father of the registrant, or the registrant if of
540	legal age. If the mother and father marry each other at any time
541	after the registrant's birth, the department shall, upon the
542	request of the mother and father or registrant if of legal age
543	and proof of the marriage, amend the certificate with regard to
544	the parents' marital status as though the parents were married
545	at the time of birth. The department shall substitute the new
546	certificate of birth for the original certificate on file. All
547	copies of the original certificate of live birth in the custody
548	of a local registrar or other state custodian of vital records
549	shall be forwarded to the State Registrar. Thereafter, when a
550	certified copy of the certificate of birth or portion thereof is
551	issued, it shall be a copy of the new certificate of birth or
552	portion thereof, except when a court order requires issuance of
553	a certified copy of the original certificate of birth. The
554	department shall place the original certificate of birth and all
555	papers pertaining thereto under seal, not to be broken except by
556	order of a court of competent jurisdiction or as otherwise
557	provided by law.
558	Section 10.  Paragraph (b) of subsection (2) of section
559	409.2558, Florida Statutes, is amended to read:
560	409.2558  Support distribution and disbursement.--
561	(2)  UNDISTRIBUTABLE COLLECTIONS.--
562	(b)  Collections that are determined to be undistributable
563	shall be processed in the following order of priority:
564	1.  Apply the payment to any assigned arrears on the
565	custodial parent's case; then
566	2.  Apply the payment to any administrative costs ordered
567	by the court pursuant to s. 409.2567 associated with the
568	custodial parent's case; then
569	3.  When the noncustodial parent is subject to a valid
570	order to support another child other children in a another case
571	with a different custodial parent and the obligation is being
572	enforced by the department, the department shall send by
573	certified mail, restricted delivery, return receipt requested,
574	to the noncustodial parent at the most recent address provided
575	by the noncustodial parent to the tribunal that issued the
576	order, a notice stating the department's intention to apply the
577	payment pursuant to this subparagraph and advising the
578	noncustodial parent of the right to contest the department's
579	proposed action in the circuit court by filing and serving a
580	petition on the department within 30 days after the mailing of
581	the notice. If the noncustodial parent does not file and serve a
582	petition within 30 days after mailing of the notice, or upon
583	disposition of the judicial action favorable to the department,
584	the department shall, with the noncustodial parent's permission,
585	apply the payment towards his or her other support obligation.
586	If there is more than one such other case, the department shall
587	allocate the remaining undistributable amount as specified in s.
588	61.1301(4)(c); then
589	4.  Return the payment to the noncustodial parent; then
590	5.  If the noncustodial parent cannot be located after
591	diligent efforts by the department, the federal share of the
592	payment shall be credited to the Federal Government and the
593	state share shall be transferred to the General Revenue Fund.
594	Section 11.  Subsection (1) of section 409.2561, Florida
595	Statutes, is amended to read:
596	409.2561  Support obligations when public assistance is
597	paid; assignment of rights; subrogation; medical and health
598	insurance information.--
599	(1)  Any payment of temporary cash or Title IV-E assistance
600	made to, or for the benefit of, any dependent child creates an
601	obligation in an amount determined pursuant to the child support
602	guidelines. In accordance with 42 U.S.C. s. 657, the state shall
603	retain amounts collected only to the extent necessary to
604	reimburse amounts paid to the family as assistance by the state.
605	Such amounts collected shall be deposited into the General
606	Revenue Fund up to the level specified in s. 61.1812. If there
607	has been a prior support court order or final judgment of
608	dissolution of marriage establishing an obligation of support,
609	the obligation is limited to the amount provided by such support
610	court order or decree. The extraordinary remedy of contempt is
611	applicable in child support enforcement cases because of the
612	public necessity for ensuring that dependent children be
613	maintained from the resources of their parents, thereby
614	relieving, at least in part, the burden presently borne by the
615	general citizenry through the public assistance program. If
616	there is no prior support court order establishing an obligation
617	of support, the court, or the department as provided by s.
618	409.2563, shall establish the liability of the obligor, if any,
619	by applying the child support guidelines. The department may
620	apply for modification of a court order on the same grounds as
621	either party to the cause and shall have the right to settle and
622	compromise actions brought pursuant to law.
623	Section 12.  Paragraph (m) of subsection (4) and subsection
624	(8) of section 409.2563, Florida Statutes, are amended to read:
625	409.2563  Administrative establishment of child support
626	obligations.--
627	(4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
628	SUPPORT ORDER.--To commence a proceeding under this section, the
629	department shall provide to the custodial parent and serve the
630	noncustodial parent with a notice of proceeding to establish
631	administrative support order and a blank financial affidavit
632	form. The notice must state:
633	(m)  That, neither the department nor the Division of
634	Administrative Hearings has jurisdiction to award or change
635	child custody or rights of parental contact and these issues may
636	only be addressed in circuit court.
637	1.  The noncustodial parent may request in writing that the
638	department proceed in circuit court to determine his or her
639	support obligations.
640	2.  The noncustodial parent may state in writing to the
641	department his or her intention to address issues concerning
642	custody, or rights to parental contact, in circuit court.
643	3.  If the noncustodial parent submits to the department
644	the request mentioned in subparagraph 1. or the statement
645	mentioned in subparagraph 2. within 20 days after the receipt of
646	the initial notice, the department shall file a petition in
647	circuit court for the determination of the noncustodial parent's
648	child support obligations and shall send to the noncustodial
649	parent a copy of its petition, a notice of commencement of
650	action, and a request for waiver of service of process as
651	provided in the Florida Rules of Civil Procedure.
652	4.  If, within 10 days after receipt of the department's
653	petition and waiver of service, the noncustodial parent signs
654	and returns the waiver of service form to the department, the
655	department shall terminate the administrative proceeding without
656	prejudice and proceed in circuit court.
657	5.  In any circuit court action filed by the department
658	pursuant to this subsection or filed by a noncustodial parent or
659	other person pursuant to paragraph (l) or paragraph (n), the
660	department shall be a party only with respect to those issues of
661	support allowed and reimbursable under Title IV-D of the Social
662	Security Act. It is the responsibility of the noncustodial
663	parent or other person to take the necessary steps to present
664	other issues for the court to consider That if the noncustodial
665	parent has issues regarding child custody or right of parental
666	contact or requests to proceed in circuit court, the
667	noncustodial parent may request in writing that the department
668	proceed in circuit court to determine support. That the
669	noncustodial parent must make such request in writing within 20
670	days after receipt of the initial notice. That upon such
671	request, the department shall send the noncustodial parent by
672	regular mail a copy of the department's petition and waiver of
673	service form. That the noncustodial parent must sign and return
674	the waiver of service form, within 10 days of receipt of the
675	petition, at which time the department shall terminate the
676	administrative proceeding and file an action in circuit court to
677	determine support;
678
679	The department may serve the notice of proceeding to establish
680	administrative support order by certified mail, restricted
681	delivery, return receipt requested. Alternatively, the
682	department may serve the notice by any means permitted for
683	service of process in a civil action. For purposes of this
684	section, an authorized employee of the department may serve the
685	notice and execute an affidavit of service. Service by certified
686	mail is completed when the certified mail is received or refused
687	by the addressee or by an authorized agent as designated by the
688	addressee in writing. If a person other than the addressee signs
689	the return receipt, the department shall attempt to reach the
690	addressee by telephone to confirm whether the notice was
691	received, and the department shall document any telephonic
692	communications. If someone other than the addressee signs the
693	return receipt, the addressee does not respond to the notice,
694	and the department is unable to confirm that the addressee has
695	received the notice, service is not completed and the department
696	shall attempt to have the addressee served personally. The
697	department shall provide the custodial parent or caretaker
698	relative with a copy of the notice by regular mail to the last
699	known address of the custodial parent or caretaker.
700	(8)  FILING WITH THE CLERK OF THE CIRCUIT COURT; OFFICIAL
701	PAYMENT RECORD; JUDGMENT BY OPERATION OF LAW.--The department
702	shall file with the clerk of the circuit court a certified copy
703	of an administrative support order rendered under this section.
704	The depository operated pursuant to s. 61.181 for the county
705	where the administrative support order has been filed shall:
706	(a)  Act as the official recordkeeper for payments required
707	under the administrative support order;
708	(b)  Establish and maintain the necessary payment accounts;
709	(c)  Upon a delinquency, initiate the judgment by operation
710	of law procedure as provided by s. 61.14(6); and
711	(d)  Perform all other duties required of a depository with
712	respect to a support order entered by a court of this state.
713
714	When a proceeding to establish an administrative support order
715	is commenced under subsection (4), the department shall file a
716	copy of the initial notice with the depository. The depository
717	shall assign an account number and provide the account number to
718	the department within 4 business days after the initial notice
719	is filed.
720	Section 13.  Subsection (3) of section 409.25656, Florida
721	Statutes, is amended to read:
722	409.25656  Garnishment.--
723	(3)  During the last 30 days of the 60-day period set forth
724	in subsection (1), the executive director or his or her designee
725	may levy upon such credits, personal property, or debts. The
726	levy must be accomplished by delivery of a notice of levy by
727	registered mail, upon receipt of which the person possessing the
728	credits, other personal property, or debts shall transfer them
729	to the department or pay to the department the amount owed by
730	the obligor. If the department levies upon securities and the
731	value of the securities is less than the total amount of past
732	due or overdue support, the person who possesses or controls the
733	securities shall liquidate the securities in a commercially
734	reasonable manner. After liquidation, the person shall transfer
735	to the department the proceeds, less any applicable commissions
736	or fees, or both, which are charged in the normal course of
737	business. If the value of the securities exceeds the total
738	amount of past due or overdue support, the obligor may, within 7
739	days after receipt of the department's notice of levy, instruct
740	the person who possesses or controls the securities which
741	securities are to be sold to satisfy the obligation for past due
742	or overdue support. If the obligor does not provide instructions
743	for liquidation, the person who possesses or controls the
744	securities shall liquidate the securities in a commercially
745	reasonable manner and in an amount sufficient to cover the
746	obligation for past due or overdue support and, less any
747	applicable commissions or fees, or both, which are charged in
748	the normal course of business, beginning with the securities
749	purchased most recently. After liquidation, the person who
750	possesses or controls the securities shall transfer to the
751	department the total amount of past due or overdue support.
752	Section 14.  Section 409.257, Florida Statutes, is amended
753	to read:
754	409.257  Service of process.--The service of initial
755	process and orders in lawsuits filed by the department, under
756	this act, shall be served by the sheriff in the county where the
757	person to be served may be found or, if determined more
758	effective by the department, by any means permitted under
759	chapter 48 for service of process in a civil action. The sheriff
760	shall be reimbursed at the prevailing rate of federal financial
761	participation for service of process and orders as allowed by
762	law. The sheriff shall bill the department monthly as provided
763	for in s. 30.51(2). In addition, process and orders may be
764	served or executed by authorized agents of the department at the
765	department's discretion; provided that the agent of the
766	department does not take any action against personal property,
767	real property, or persons. Notices and other intermediate
768	process, except witness subpoenas, shall be served by the
769	department as provided for in the Florida Rules of Civil
770	Procedure. Witness subpoenas shall be served by the department
771	by certified mail as provided for in s. 48.031(3).
772	Section 15.  Subsections (1) and (2) of section 409.2572,
773	Florida Statutes, are amended to read:
774	409.2572  Cooperation.--
775	(1)  An applicant for, or recipient of, public assistance
776	for a dependent child shall cooperate in good faith with the
777	department or a program attorney in:
778	(a)  Identifying and helping to locate the alleged parent
779	or obligor.
780	(b)  Assisting in establishing the paternity of a child
781	born out of wedlock.
782	(c)  Assisting in obtaining support payments from the
783	obligor.
784	(d)  Assisting in obtaining any other payments or property
785	due from the obligor.
786	(e)  Identifying another putative father when an earlier
787	named putative father has been excluded by DNA, Human Leukocyte
788	Antigen, or other scientific test.
789	(f)  Appearing at an office of the department, or another
790	designated office, as necessary to provide verbal or written
791	information, or documentary or physical evidence, known to,
792	possessed by, or reasonably obtainable by the applicant or
793	recipient.
794	(g)  Appearing as a witness at judicial or other hearings
795	or proceedings.
796	(h)  Providing information under oath regarding the
797	identity or location of the alleged father of the child or
798	attesting to the lack of information.
799	(i)  Paying to the department any support received from the
800	obligor after the assignment is effective.
801	(2)  Noncooperation, or failure to cooperate in good faith,
802	is defined to include, but is not limited to, the following
803	conduct:
804	(a)  Failing or Refusing to identify the father of the
805	child, or where more than one man could be the father of the
806	child, refusing to identify all such persons. If the mother
807	identifies one or more persons as the possible father of the
808	child and asserts that there are no others who could be the
809	father of the child, but the DNA test, Human Leukocyte Antigen
810	test, or other scientific test indicates that none of the
811	persons identified could in fact have been the father of the
812	child, the mother shall be deemed noncooperative. If she
813	subsequently identifies another person as the possible father of
814	the child, she shall still be deemed noncooperative until that
815	person has been given the DNA test, Human Leukocyte Antigen
816	test, or other scientific test and is not excluded as the father
817	by the test.
818	(b)  Failing to appear for two appointments at the
819	department or other designated office without justification and
820	notice.
821	(c)  Providing false information regarding the paternity of
822	the child or the obligation of the obligor.
823	(d)  All actions of the obligee which interfere with the
824	state's efforts to proceed to establish paternity, the
825	obligation of support, or to enforce or collect support.
826	(e)  Failure to appear to submit a DNA sample at the
827	laboratory for drawing of blood samples, or leaving the location
828	laboratory prior to submitting a DNA sample the drawing of blood
829	samples without compelling reasons.
830	(f)  Failure to assist in the recovery of third-party
831	payment for medical services.
832	Section 16.  Subsection (1) of section 409.259, Florida
833	Statutes, is amended to read:
834	409.259  Partial payment of Filing fees in Title IV-D
835	cases.--
836	(1)  Notwithstanding s. 28.241, each clerk of the circuit
837	court shall accept petitions, complaints, and motions filed by
838	the department in Title IV-D cases without billing the
839	department separately for each filing, since the clerk is being
840	reimbursed in a different manner for expenses incurred in such
841	filings under the cooperative agreement with the department
842	pursuant to ss. 61.181(1) and 61.1826(2) and (4) only be
843	reimbursed at the prevailing rate of federal financial
844	participation on the amount of $40 for each civil action, suit,
845	or proceeding for support instituted in the circuit court in
846	which the parent is not receiving temporary cash assistance. The
847	prevailing rate of the state match shall be paid by the local
848	government in the form of a certified public expenditure. The
849	clerk of the circuit court shall bill the department monthly.
850	The clerk of the circuit court and the department shall maintain
851	a monthly log of the number of civil actions, suits, or
852	proceedings filed in which the parent does not receive temporary
853	assistance. These monthly logs will be used to determine the
854	number of $40 filings the clerk of court may submit for
855	reimbursement at the prevailing rate of federal financial
856	participation.
857	Section 17.  Effective, July 1, 2004, section 409.2598,
858	Florida Statutes, is amended to read:
859	409.2598  Suspension or denial of new or renewal licenses;
860	registrations; certifications.--
861	(1)  As used in this section, the term:
862	(a)  "License" means a license, permit, certificate,
863	registration, franchise, or other form of written permission
864	issued by a licensing agency to an individual that authorizes
865	the individual to engage in an occupation, business, trade, or
866	profession or to engage in a recreational activity, including
867	hunting and fishing. Where the context permits, the term also
868	includes an application for a new or renewal license.
869	(b)  "Licensee" means an individual who has a license.
870	(c)  "Licensing agency" means a department, commission,
871	agency, district, county, municipality, or other subdivision of
872	state or local government that issues licenses.
873	(2)(1)  The Title IV-D agency may petition the court that
874	entered the support order or the court that is enforcing the
875	support order to deny or suspend the license, registration, or
876	certificate issued under chapter 370, chapter 372, chapter 409,
877	chapter 455, chapter 456, chapter 559, chapter 1012, s. 328.42,
878	or s. 597.010 of any obligor with a delinquent support
879	obligation or who fails, after receiving appropriate notice, to
880	comply with subpoenas, orders to appear, orders to show cause,
881	or similar orders relating to paternity or support proceedings.
882	However, a petition may not be filed until the Title IV-D agency
883	has exhausted all other available remedies. The purpose of this
884	section is to promote the public policy of the state as
885	established in s. 409.2551.
886	(2)  The Title IV-D agency is authorized to screen all
887	applicants for new or renewal licenses, registrations, or
888	certificates and current licenses, registrations, or
889	certificates and current licensees, registration holders, and
890	certificateholders of all licenses, registrations, and
891	certificates issued under chapter 370, chapter 409, chapter 455,
892	chapter 456, chapter 559, chapter 1012, or s. 328.42 to ensure
893	compliance with any support obligation and any subpoenas, orders
894	to appear, orders to show cause, or similar orders relating to
895	paternity or support proceedings. If the Title IV-D agency
896	determines that an applicant, licensee, registration holder, or
897	certificateholder is an obligor who is delinquent on a support
898	obligation or who is not in compliance with a subpoena, order to
899	appear, order to show cause, or similar order relating to
900	paternity or support proceedings, the Title IV-D agency shall
901	certify the delinquency pursuant to s. 61.14.
902	(3)  The Title IV-D agency shall give notice to any obligor
903	who is an applicant for a new or renewal license or certificate
904	or the holder of a current license or certificate when a
905	delinquency exists in the support obligation or when an obligor
906	has failed to comply with a subpoena, order to appear, order to
907	show cause, or similar order relating to paternity or support
908	proceeding. The notice shall specify that the obligor has 30
909	days from the date of mailing of the notice on which service of
910	the notice is complete to pay the delinquency or to reach an
911	agreement to pay the delinquency with the Title IV-D agency or
912	comply with the subpoena, order to appear, order to show cause,
913	or similar order. The notice shall specify that, if payment is
914	not made or an agreement cannot be reached, or if the subpoena,
915	order to appear, order to show cause, or similar order is not
916	complied with, the application may be denied or the license or
917	certification may be suspended pursuant to a court order.
918	(4)  If the obligor fails to pay the delinquency or enter
919	into a repayment agreement with the department reach an
920	agreeable payment arrangement or comply with the subpoena, order
921	to appear, order to show cause, or similar order within 30 days
922	following completion of service of the notice, the Title IV-D
923	agency shall send a second notice to the obligor stating that
924	the obligor has 30 days to pay the delinquency or reach an
925	agreement to pay the delinquency with the Title IV-D agency or
926	comply with the subpoena, order to appear, order to show cause,
927	or similar order. If the obligor fails to respond to either
928	notice from the Title IV-D agency or if the obligor fails to pay
929	the delinquency or reach an agreement to pay the delinquency or
930	comply with the subpoena, order to appear, order to show cause,
931	or similar order after the second notice, the Title IV-D agency
932	may petition the court which entered the support order or the
933	court which is enforcing the support order to deny the
934	application for the license or certificate or to suspend the
935	license or certificate of the obligor. However, no petition may
936	be filed until the Title IV-D agency has exhausted all other
937	available remedies. The court may find that it would be
938	inappropriate to deny a license or suspend a license or
939	certificate if:
940	(a)  Denial or suspension would result in irreparable harm
941	to the obligor or employees of the obligor or would not
942	accomplish the objective of collecting the delinquency; or
943	(b)  The obligor demonstrates that he or she has made a
944	good faith effort to reach an agreement with the Title IV-D
945	agency.
946
947	The court may not deny or suspend a license or certificate if
948	the court determines that an alternative remedy is available to
949	the Title IV-D agency which is likely to accomplish the
950	objective of collecting the delinquency or obtaining compliance
951	with the subpoena, order to appear, order to show cause, or
952	similar order. If the obligor fails in the defense of a petition
953	for denial or suspension, the court which entered the support
954	order or the court which is enforcing the support order shall
955	enter an order to deny the application for the license or
956	certification or to suspend the license or certification of the
957	obligor. The court shall order the obligor to surrender the
958	license or certification to the Title IV-D agency, which will
959	return the license or certification and a copy of the order of
960	suspension to the appropriate department or licensing agency
961	entity.
962	(5)  If the court denies or suspends a license or
963	certification and the obligor subsequently pays the delinquency
964	or reaches an agreement with the Title IV-D agency to settle the
965	delinquency and makes the first payment required by the
966	agreement, or complies with the subpoena, order to appear, order
967	to show cause, or similar order, the license or certificate
968	shall be issued or reinstated upon written proof to the court
969	that the obligor has complied with the terms of the court order,
970	subpoena, order to appear, order to show cause, or similar
971	order. Proof of payment shall consist of a certified copy of the
972	payment record issued by the depository. The court shall order
973	the appropriate licensing agency department or license board to
974	issue or reinstate the license or certificate without additional
975	charge to the obligor.
976	(6)  The licensing agency department shall, when directed
977	by the court, suspend or deny the license or certificate of any
978	licensee or certificateholder under its jurisdiction found to
979	have a delinquent support obligation or not to be in compliance
980	with a subpoena, order to appear, order to show cause, or
981	similar order. The licensing agency department shall issue or
982	reinstate the license or certificate without additional charge
983	to the licensee or certificateholder when notified by the court
984	that the licensee or certificateholder has complied with the
985	terms of the court order, or subpoena, order to appear, order to
986	show cause, or similar order.
987	(7)  Notice shall be served under this section by regular
988	mail mailing it by certified mail, return receipt requested, to
989	the obligor at his or her last address of record with the local
990	depository or a more recent address, if known. If the obligor
991	has no address of record with the local depository, or if the
992	last address of record with the local depository is incorrect,
993	service shall be by publication as provided in chapter 49. When
994	service of the notice is made by mail, service is complete upon
995	the receipt of the notice by the obligor.
996	Section 18.  Effective October 1, 2004, section 409.25659,
997	Florida Statutes, is created to read:
998	409.25659  Insurance claim data exchange.--
999	(1)  As used in this section, the term:
1000	(a)  "Insurer" means an entity that is responsible for
1001	paying a claim on liability coverage in an insurance contract
1002	and which is:
1003	1.  An insurer, as defined in s. 624.03, authorized to
1004	transact insurance in this state;
1005	2.  An eligible surplus lines insurer pursuant to part VIII
1006	of chapter 626;
1007	3.  A joint underwriter or joint reinsurer created by law
1008	or otherwise operating pursuant to s. 627.311; or
1009	4.  An insurance risk apportionment plan operating pursuant
1010	to s. 627.351.
1011	(b)  "Claim" means an open, unresolved bodily injury claim
1012	on liability coverage in excess of $3,000 in an insurance
1013	contract payable to an individual, or to a third party for the
1014	benefit of the individual, who is a resident of this state or
1015	who had an accident or loss that occurred in this state or who
1016	has an outstanding child support obligation in this state.
1017	(2)  The department shall develop and operate a data match
1018	system after consultation with one or more insurers, using
1019	automated data exchanges to the maximum extent feasible, in
1020	which an insurer may provide the department monthly with the
1021	name, address, and, if known, date of birth and social security
1022	number or other taxpayer identification number for each
1023	noncustodial parent who has a claim with the insurer and who
1024	owes past due support, and the claim number, and any other
1025	identifying information maintained by the insurer for each
1026	claim. An insurer may provide such data by:
1027	(a)  Authorizing an insurance claim data collection
1028	organization, to which the insurer subscribes and to which the
1029	insurer submits the required claim data on at least a monthly
1030	basis, to:
1031	1.  Receive or access a data file from the department and
1032	conduct a data match of all noncustodial parents who have a
1033	claim with the insurer and who owe past due support and submit
1034	the required data for each noncustodial parent to the
1035	department; or
1036	2.  Submit a data file to the department that contains the
1037	required data for each claim being maintained by the insurer for
1038	the department to conduct a data match;
1039	(b)  Providing the required data for each claim being
1040	maintained by the insurer directly to the department in an
1041	electronic medium; or
1042	(c)  Receiving or accessing a data file from the department
1043	and conducting a data match of all noncustodial parents who have
1044	a claim with the insurer and who owe past due support and
1045	submitting the required data for each noncustodial parent to the
1046	department.
1047	(3)  The department shall establish by rule a standard fee,
1048	not to exceed actual costs, and pay the fee upon request to an
1049	insurer or the insurer's claim data collection organization for
1050	conducting a data match as provided by subsection (2).
1051	(4)  An insurer and its directors, agents, employees, and
1052	insured, and any insurance claim data collection organization
1053	and its agents and employees authorized by an insurer to act on
1054	its behalf, that provides or attempts to provide data under this
1055	section are immune from any liability under any law to any
1056	person or entity for any alleged or actual damages that occur as
1057	a result of providing or attempting to provide data under this
1058	section.
1059	(5)  Insurers may only use the data obtained pursuant to
1060	subsection (2) for the purpose of identifying noncustodial
1061	parents who owe past due support.
1062	(6)  The department may adopt rules to implement and
1063	administer this section.
1064	Section 19.  Effective July 1, 2004, subsection (1) of
1065	section 742.10, Florida Statutes, is amended to read:
1066	742.10  Establishment of paternity for children born out of
1067	wedlock.--
1068	(1)  This chapter provides the primary jurisdiction and
1069	procedures for the determination of paternity for children born
1070	out of wedlock. When the establishment of paternity has been
1071	raised and determined within an adjudicatory hearing brought
1072	under the statutes governing inheritance, or dependency under
1073	workers' compensation or similar compensation programs, or when
1074	an affidavit acknowledging paternity or a stipulation of
1075	paternity is executed by both parties and filed with the clerk
1076	of the court, or when an affidavit, a or notarized voluntary
1077	acknowledgment of paternity, or a voluntary acknowledgment of
1078	paternity that is witnessed by two individuals and signed under
1079	penalty of perjury as provided for in s. 382.013 or s. 382.016
1080	is executed by both parties, it shall constitute the
1081	establishment of paternity for purposes of this chapter. If no
1082	adjudicatory proceeding was held, a notarized voluntary
1083	acknowledgment of paternity or voluntary acknowledgment of
1084	paternity that is witnessed by two individuals and signed under
1085	penalty of perjury as specified by s. 92.525(2) shall create a
1086	rebuttable presumption, as defined by s. 90.304, of paternity
1087	and is subject to the right of any signatory to rescind the
1088	acknowledgment within 60 days of the date the acknowledgment was
1089	signed or the date of an administrative or judicial proceeding
1090	relating to the child, including a proceeding to establish a
1091	support order, in which the signatory is a party, whichever is
1092	earlier. Both parents shall are required to provide their social
1093	security numbers on any acknowledgment of paternity, consent
1094	affidavit, or stipulation of paternity. Except for affidavits
1095	under seal pursuant to ss. 382.015 and 382.016, the Office of
1096	Vital Statistics shall provide certified copies of affidavits to
1097	the Title IV-D agency upon request.
1098	Section 20.  Except as otherwise provided herein, this act
1099	shall take effect upon becoming a law.

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