Senate Bill sb1262

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    Florida Senate - 2005                                  SB 1262

    By Senator Campbell





    32-1120A-05                                             See HB

  1                      A bill to be entitled

  2         An act relating to child support enforcement;

  3         amending s. 61.13, F.S.; providing civil

  4         penalties for employers, unions, and plan

  5         administrators not in compliance with

  6         requirements of the national medical support

  7         notice; amending s. 61.1354, F.S.; providing

  8         for sharing of information between consumer

  9         reporting agencies and the Department of

10         Revenue relating to amount of current support

11         owed; requiring the department to continue

12         reporting to consumer reporting agencies once

13         overdue amount is paid if current support is

14         still owed; amending s. 61.14, F.S.; providing

15         conditions for collection of support from

16         workers' compensation settlements; providing

17         for amendment of settlement agreement;

18         providing for rulemaking by the Office of the

19         Judges of Compensation Claims; amending s.

20         61.1812, F.S.; correcting a reference; amending

21         s. 222.21, F.S.; correcting a reference;

22         amending s. 382.016, F.S.; providing exceptions

23         to the requirement that the department limit

24         access to an acknowledgment of paternity that

25         amends an original birth certificate; providing

26         conditions under which an original birth

27         certificate for a child born in this state

28         whose paternity is established in another state

29         may be amended; amending s. 409.2561, F.S.;

30         providing limitation to exemption for support

31         order establishment to recipients of

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    Florida Senate - 2005                                  SB 1262
    32-1120A-05                                             See HB




 1         supplemental security income and temporary cash

 2         assistance; amending s. 409.2567, F.S.;

 3         eliminating requirement for a monthly report by

 4         the department on funds identified for

 5         collection from noncustodial parents of

 6         children receiving temporary assistance;

 7         amending s. 409.821, F.S.; requiring the

 8         provision of information identifying KidCare

 9         program applicants to the department for Title

10         IV-D purposes; providing effective dates.

11  

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

13  

14         Section 1.  Effective October 1, 2005, paragraph (b) of

15  subsection (1) of section 61.13, Florida Statutes, is amended

16  to read:

17         61.13  Custody and support of children; visitation

18  rights; power of court in making orders.--

19         (1)

20         (b)  Each order for support shall contain a provision

21  for health care coverage for the minor child when the coverage

22  is reasonably available. Coverage is reasonably available if

23  either the obligor or obligee has access at a reasonable rate

24  to a group health plan. The court may require the obligor

25  either to provide health care coverage or to reimburse the

26  obligee for the cost of health care coverage for the minor

27  child when coverage is provided by the obligee. In either

28  event, the court shall apportion the cost of coverage, and any

29  noncovered medical, dental, and prescription medication

30  expenses of the child, to both parties by adding the cost to

31  the basic obligation determined pursuant to s. 61.30(6). The

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    Florida Senate - 2005                                  SB 1262
    32-1120A-05                                             See HB




 1  court may order that payment of uncovered medical, dental, and

 2  prescription medication expenses of the minor child be made

 3  directly to the obligee on a percentage basis.

 4         1.  In a non-Title IV-D case, a copy of the court order

 5  for health care coverage shall be served on the obligor's

 6  union or employer by the obligee when the following conditions

 7  are met:

 8         a.  The obligor fails to provide written proof to the

 9  obligee within 30 days after receiving effective notice of the

10  court order, that the health care coverage has been obtained

11  or that application for coverage has been made;

12         b.  The obligee serves written notice of intent to

13  enforce an order for health care coverage on the obligor by

14  mail at the obligor's last known address; and

15         c.  The obligor fails within 15 days after the mailing

16  of the notice to provide written proof to the obligee that the

17  health care coverage existed as of the date of mailing.

18         2.a.  A support order enforced under Title IV-D of the

19  Social Security Act which requires that the obligor provide

20  health care coverage is enforceable by the department through

21  the use of the national medical support notice, and an

22  amendment to the support order is not required. The department

23  shall transfer the national medical support notice to the

24  obligor's union or employer. The department shall notify the

25  obligor in writing that the notice has been sent to the

26  obligor's union or employer, and the written notification must

27  include the obligor's rights and duties under the national

28  medical support notice. The obligor may contest the

29  withholding required by the national medical support notice

30  based on a mistake of fact. To contest the withholding, the

31  obligor must file a written notice of contest with the

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    Florida Senate - 2005                                  SB 1262
    32-1120A-05                                             See HB




 1  department within 15 business days after the date the obligor

 2  receives written notification of the national medical support

 3  notice from the department. Filing with the department is

 4  complete when the notice is received by the person designated

 5  by the department in the written notification. The notice of

 6  contest must be in the form prescribed by the department. Upon

 7  the timely filing of a notice of contest, the department

 8  shall, within 5 business days, schedule an informal conference

 9  with the obligor to discuss the obligor's factual dispute. If

10  the informal conference resolves the dispute to the obligor's

11  satisfaction or if the obligor fails to attend the informal

12  conference, the notice of contest is deemed withdrawn. If the

13  informal conference does not resolve the dispute, the obligor

14  may request an administrative hearing under chapter 120 within

15  5 business days after the termination of the informal

16  conference, in a form and manner prescribed by the department.

17  However, the filing of a notice of contest by the obligor does

18  not delay the withholding of premium payments by the union,

19  employer, or health plan administrator. The union, employer,

20  or health plan administrator must implement the withholding as

21  directed by the national medical support notice unless

22  notified by the department that the national medical support

23  notice is terminated.

24         b.  In a Title IV-D case, the department shall notify

25  an obligor's union or employer if the obligation to provide

26  health care coverage through that union or employer is

27  terminated.

28         3.  In a non-Title IV-D case, upon receipt of the order

29  pursuant to subparagraph 1., or upon application of the

30  obligor pursuant to the order, the union or employer shall

31  enroll the minor child as a beneficiary in the group health

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    Florida Senate - 2005                                  SB 1262
    32-1120A-05                                             See HB




 1  plan regardless of any restrictions on the enrollment period

 2  and withhold any required premium from the obligor's income.

 3  If more than one plan is offered by the union or employer, the

 4  child shall be enrolled in the group health plan in which the

 5  obligor is enrolled.

 6         4.a.  Upon receipt of the national medical support

 7  notice under subparagraph 2. in a Title IV-D case, the union

 8  or employer shall transfer the notice to the appropriate group

 9  health plan administrator within 20 business days after the

10  date on the notice. The plan administrator must enroll the

11  child as a beneficiary in the group health plan regardless of

12  any restrictions on the enrollment period, and the union or

13  employer must withhold any required premium from the obligor's

14  income upon notification by the plan administrator that the

15  child is enrolled. The child shall be enrolled in the group

16  health plan in which the obligor is enrolled. If the group

17  health plan in which the obligor is enrolled is not available

18  where the child resides or if the obligor is not enrolled in

19  group coverage, the child shall be enrolled in the lowest cost

20  group health plan that is available where the child resides.

21         b.  If health care coverage or the obligor's employment

22  is terminated in a Title IV-D case, the union or employer that

23  is withholding premiums for health care coverage under a

24  national medical support notice must notify the department

25  within 20 days after the termination and provide the obligor's

26  last known address and the name and address of the obligor's

27  new employer, if known.

28         5.a.  The amount withheld by a union or employer in

29  compliance with a support order may not exceed the amount

30  allowed under s. 303(b) of the Consumer Credit Protection Act,

31  15 U.S.C. s. 1673(b), as amended. The union or employer shall

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    Florida Senate - 2005                                  SB 1262
    32-1120A-05                                             See HB




 1  withhold the maximum allowed by the Consumer Credit Protection

 2  Act in the following order:

 3         (I)  Current support, as ordered.

 4         (II)  Premium payments for health care coverage, as

 5  ordered.

 6         (III)  Past due support, as ordered.

 7         (IV)  Other medical support or coverage, as ordered.

 8         b.  If the combined amount to be withheld for current

 9  support plus the premium payment for health care coverage

10  exceed the amount allowed under the Consumer Credit Protection

11  Act, and the health care coverage cannot be obtained unless

12  the full amount of the premium is paid, the union or employer

13  may not withhold the premium payment. However, the union or

14  employer shall withhold the maximum allowed in the following

15  order:

16         (I)  Current support, as ordered.

17         (II)  Past due support, as ordered.

18         (III)  Other medical support or coverage, as ordered.

19         6.  An employer, union, or plan administrator who does

20  not comply with the requirements of sub-subparagraph 4.a. is

21  subject to a civil penalty not to exceed $250 for the first

22  violation and $500 for subsequent violations, plus attorney's

23  fees and costs. The department may file a petition in circuit

24  court to enforce the requirements of this subparagraph.

25         7.6.  The Department of Revenue may adopt rules to

26  administer the child support enforcement provisions of this

27  section which affect Title IV-D cases.

28         Section 2.  Effective July 1, 2006, subsections (1) and

29  (2) of section 61.1354, Florida Statutes, are amended to read:

30         61.1354  Sharing of information between consumer

31  reporting agencies and the IV-D agency.--

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    Florida Senate - 2005                                  SB 1262
    32-1120A-05                                             See HB




 1         (1)  Upon receipt of a request from a consumer

 2  reporting agency as defined in s. 603(f) of the Fair Credit

 3  Reporting Act, the IV-D agency or the depository in

 4  non-Title-IV-D cases shall make available information relating

 5  to the amount of current and overdue support owed by an

 6  obligor. The IV-D agency or the depository in non-Title-IV-D

 7  cases shall give the obligor written notice, at least 15 days

 8  prior to the release of information, of the IV-D agency's or

 9  depository's authority to release information to consumer

10  reporting agencies relating to the amount of current and

11  overdue support owed by the obligor. The obligor shall be

12  informed of his or her right to request a hearing with the

13  IV-D agency or the court in non-Title-IV-D cases to contest

14  the accuracy of the information.

15         (2)  The IV-D agency shall report periodically to

16  appropriate consumer reporting agencies, as identified by the

17  IV-D agency, the name and social security number of any

18  delinquent obligor, and the amount of overdue support owed by

19  the obligor, and the amount of current support owed by the

20  obligor when the overdue support is paid. The IV-D agency, or

21  its designee, shall provide the obligor with written notice,

22  at least 15 days prior to the initial release of information,

23  of the IV-D agency's authority to release the information

24  periodically to the consumer reporting agencies. The notice

25  shall state the amount of overdue support owed and the amount

26  of current support owed when the overdue support is paid and

27  shall inform the obligor of the right to request a hearing

28  with the IV-D agency within 15 days after receipt of the

29  notice to contest the accuracy of the information. After the

30  initial notice is given, no further notice or opportunity for

31  a hearing need be given when updated information concerning

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    Florida Senate - 2005                                  SB 1262
    32-1120A-05                                             See HB




 1  the same obligor is periodically released to the consumer

 2  reporting agencies.

 3         Section 3.  Effective December 1, 2005, paragraph (a)

 4  of subsection (8) of section 61.14, Florida Statutes, is

 5  amended to read:

 6         61.14  Enforcement and modification of support,

 7  maintenance, or alimony agreements or orders.--

 8         (8)(a)  When an employee and employer reach an

 9  agreement for a lump-sum settlement under s. 440.20(11), no

10  proceeds of the settlement shall be disbursed to the employee,

11  nor shall any attorney's fees be disbursed, until after a

12  judge of compensation claims reviews the proposed disbursement

13  and enters an order finding the settlement provides for

14  appropriate recovery of any support arrearage. The employee,

15  or the employee's attorney if the employee is represented,

16  shall submit a written statement from the department as to

17  whether the employee owes unpaid support and, if so, the

18  amount owed. In addition, the judge of compensation claims may

19  require the employee to submit a similar statement from a

20  local depository established under s. 61.181. The sworn

21  statement of the employee that all existing support

22  obligations have been disclosed is also required. If the judge

23  finds the proposed allocation of support recovery

24  insufficient, the parties may amend the settlement agreement

25  to make the allocation of proceeds sufficient. The Office of

26  the Judges of Compensation Claims shall adopt procedural rules

27  to implement this paragraph. When reviewing and approving any

28  lump-sum settlement under s. 440.20(11)(a) and (b), a judge of

29  compensation claims must consider whether the settlement

30  serves the interests of the worker and the worker's family,

31  

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    Florida Senate - 2005                                  SB 1262
    32-1120A-05                                             See HB




 1  including, but not limited to, whether the settlement provides

 2  for appropriate recovery of any child support arrearage.

 3         Section 4.  Subsection (1) of section 61.1812, Florida

 4  Statutes, is amended to read:

 5         61.1812  Child Support Incentive Trust Fund.--

 6         (1)  The Child Support Incentive Trust Fund is hereby

 7  created, to be administered by the Department of Revenue. All

 8  child support enforcement incentive earnings and that portion

 9  of the state share of Title IV-A public assistance collections

10  recovered in fiscal year 1996-1997 by the Title IV-D program

11  of the department which is in excess of the amount estimated

12  by the February 1997 Social Services Estimating Conference to

13  be recovered in fiscal year 1996-1997 shall be credited to the

14  trust fund, and no other receipts, except interest earnings,

15  shall be credited thereto. For fiscal years beginning with

16  1997-1998, in addition to incentive earnings and interest

17  earnings, that portion of the state share of Title IV-A public

18  assistance collections recovered in each fiscal year by the

19  Title IV-D program of the department which is in excess of the

20  amount estimated by the February 1997 Social Services

21  Estimating Conference to be recovered in fiscal year 1997-1998

22  shall be credited to the trust fund. The purpose of the trust

23  fund is to account for federal incentive payments to the state

24  for child support enforcement and to support the activities of

25  the child support enforcement program under Title IV-D of the

26  Social Security Act. The department shall invest the money in

27  the trust fund pursuant to s. 17.61 ss. 215.44-215.52, and

28  retain all interest earnings in the trust fund. The department

29  shall separately account for receipts credited to the trust

30  fund. When all general revenue appropriations for the child

31  support enforcement program have been shifted to the trust

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    Florida Senate - 2005                                  SB 1262
    32-1120A-05                                             See HB




 1  fund, then annually thereafter, on June 30, if revenues

 2  deposited into the trust fund, including federal child support

 3  incentive earnings, have exceeded state expenditures for the

 4  child support enforcement program administered by the

 5  department for the prior 12-month period, the revenues in

 6  excess of cash flow needs are transferred to the General

 7  Revenue Fund.

 8         Section 5.  Subsection (2) of section 222.21, Florida

 9  Statutes, is amended to read:

10         222.21  Exemption of pension money and retirement or

11  profit-sharing benefits from legal processes.--

12         (2)(a)  Except as provided in paragraph (b), any money

13  or other assets payable to a participant or beneficiary from,

14  or any interest of any participant or beneficiary in, a

15  retirement or profit-sharing plan that is qualified under s.

16  401(a), s. 403(a), s. 403(b), s. 408, s. 408A, or s. 409 of

17  the Internal Revenue Code of 1986, as amended, is exempt from

18  all claims of creditors of the beneficiary or participant.

19         (b)  Any plan or arrangement described in paragraph (a)

20  is not exempt from the claims of an alternate payee under a

21  qualified domestic relations order. However, the interest of

22  any alternate payee under a qualified domestic relations order

23  is exempt from all claims of any creditor, other than the

24  Department of Revenue Children and Family Services, of the

25  alternate payee. As used in this paragraph, the terms

26  "alternate payee" and "qualified domestic relations order"

27  have the meanings ascribed to them in s. 414(p) of the

28  Internal Revenue Code of 1986.

29         (c)  The provisions of paragraphs (a) and (b) apply to

30  any proceeding that is filed on or after October 1, 1987.

31  

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    Florida Senate - 2005                                  SB 1262
    32-1120A-05                                             See HB




 1         Section 6.  Effective July 1, 2005, paragraph (b) of

 2  subsection (1) of section 382.016, Florida Statutes, is

 3  amended to read:

 4         382.016  Amendment of records.--The department, upon

 5  receipt of the fee prescribed in s. 382.0255; documentary

 6  evidence, as specified by rule, of any misstatement, error, or

 7  omission occurring in any birth, death, or fetal death record;

 8  and an affidavit setting forth the changes to be made, shall

 9  amend or replace the original certificate as necessary.

10         (1)  CERTIFICATE OF LIVE BIRTH AMENDMENT.--

11         (b)  Upon written request and receipt of an affidavit,

12  a notarized voluntary acknowledgment of paternity signed by

13  the mother and father acknowledging the paternity of a

14  registrant born out of wedlock, or a voluntary acknowledgment

15  of paternity that is witnessed by two individuals and signed

16  under penalty of perjury as specified by s. 92.525(2),

17  together with sufficient information to identify the original

18  certificate of live birth, the department shall prepare a new

19  birth certificate, which shall bear the same file number as

20  the original birth certificate. The names and identifying

21  information of the parents shall be entered as of the date of

22  the registrant's birth. The surname of the registrant may be

23  changed from that shown on the original birth certificate at

24  the request of the mother and father of the registrant, or the

25  registrant if of legal age. If the mother and father marry

26  each other at any time after the registrant's birth, the

27  department shall, upon the request of the mother and father or

28  registrant if of legal age and proof of the marriage, amend

29  the certificate with regard to the parents' marital status as

30  though the parents were married at the time of birth. The

31  department shall substitute the new certificate of birth for

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    Florida Senate - 2005                                  SB 1262
    32-1120A-05                                             See HB




 1  the original certificate on file. All copies of the original

 2  certificate of live birth in the custody of a local registrar

 3  or other state custodian of vital records shall be forwarded

 4  to the State Registrar. Thereafter, when a certified copy of

 5  the certificate of birth or portion thereof is issued, it

 6  shall be a copy of the new certificate of birth or portion

 7  thereof, except when a court order requires issuance of a

 8  certified copy of the original certificate of birth. Except

 9  for a birth certificate on which a father is listed pursuant

10  to an affidavit, a notarized voluntary acknowledgment of

11  paternity signed by the mother and father acknowledging the

12  paternity of a registrant born out of wedlock, or a voluntary

13  acknowledgment of paternity that is witnessed by two

14  individuals and signed under penalty of perjury as specified

15  by s. 92.525(2), the department shall place the original

16  certificate of birth and all papers pertaining thereto under

17  seal, not to be broken except by order of a court of competent

18  jurisdiction or as otherwise provided by law.

19         Section 7.  Effective October 1, 2005, paragraph (d) is

20  added to subsection (1) of section 382.016, Florida Statutes,

21  to read:

22         382.016  Amendment of records.--The department, upon

23  receipt of the fee prescribed in s. 382.0255; documentary

24  evidence, as specified by rule, of any misstatement, error, or

25  omission occurring in any birth, death, or fetal death record;

26  and an affidavit setting forth the changes to be made, shall

27  amend or replace the original certificate as necessary.

28         (1)  CERTIFICATE OF LIVE BIRTH AMENDMENT.--

29         (d)  For a child born in this state whose paternity is

30  established in another state, the department shall amend the

31  

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    Florida Senate - 2005                                  SB 1262
    32-1120A-05                                             See HB




 1  child's birth certificate to include the name of the father

 2  upon receipt of:

 3         1.  A certified copy of an acknowledgment of paternity,

 4  final judgment, or judicial or administrative order from

 5  another state which determines the child's paternity; or

 6         2.  A noncertified copy of an acknowledgment of

 7  paternity, final judgment, or judicial or administrative order

 8  from another state which determines the child's paternity when

 9  provided with an affidavit or written declaration from the

10  Department of Revenue which states that the document was

11  provided by or obtained from another state's Title IV-D

12  program.

13  

14  The department may not amend a child's birth certificate to

15  include the name of the child's father if paternity was

16  established by adoption and the father is not eligible to

17  adopt under state law.

18         Section 8.  Effective July 1, 2005, subsection (4) of

19  section 409.2561, Florida Statutes, is amended to read:

20         409.2561  Support obligations when public assistance is

21  paid; assignment of rights; subrogation; medical and health

22  insurance information.--

23         (4)  No obligation of support under this section shall

24  be incurred by any person who is the recipient of supplemental

25  security income or temporary cash assistance public assistance

26  moneys for the benefit of a dependent child or who is

27  incapacitated and financially unable to pay as determined by

28  the department.

29         Section 9.  Section 409.2567, Florida Statutes, is

30  amended to read:

31  

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    Florida Senate - 2005                                  SB 1262
    32-1120A-05                                             See HB




 1         409.2567  Services to individuals not otherwise

 2  eligible.--All support services provided by the department

 3  shall be made available on behalf of all dependent children.

 4  Services shall be provided upon acceptance of public

 5  assistance or upon proper application filed with the

 6  department. The department shall adopt rules to provide for

 7  the payment of a $25 application fee from each applicant who

 8  is not a public assistance recipient. The application fee

 9  shall be deposited in the Child Support Enforcement

10  Application and Program Revenue Trust Fund within the

11  Department of Revenue to be used for the Child Support

12  Enforcement Program. The obligor is responsible for all

13  administrative costs, as defined in s. 409.2554. The court

14  shall order payment of administrative costs without requiring

15  the department to have a member of the bar testify or submit

16  an affidavit as to the reasonableness of the costs. An

17  attorney-client relationship exists only between the

18  department and the legal services providers in Title IV-D

19  cases. The attorney shall advise the obligee in Title IV-D

20  cases that the attorney represents the agency and not the

21  obligee. In Title IV-D cases, any costs, including filing

22  fees, recording fees, mediation costs, service of process

23  fees, and other expenses incurred by the clerk of the circuit

24  court, shall be assessed only against the nonprevailing

25  obligor after the court makes a determination of the

26  nonprevailing obligor's ability to pay such costs and fees. In

27  any case where the court does not award all costs, the court

28  shall state in the record its reasons for not awarding the

29  costs. The Department of Revenue shall not be considered a

30  party for purposes of this section; however, fees may be

31  assessed against the department pursuant to s. 57.105(1). The

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    Florida Senate - 2005                                  SB 1262
    32-1120A-05                                             See HB




 1  department shall submit a monthly report to the Governor and

 2  the chairs of the Health and Human Services Fiscal Committee

 3  of the House of Representatives and the Ways and Means

 4  Committee of the Senate specifying the funds identified for

 5  collection from the noncustodial parents of children receiving

 6  temporary assistance and the amounts actually collected.

 7         Section 10.  Effective October 1, 2005, section

 8  409.821, Florida Statutes, is amended to read:

 9         409.821  Florida Kidcare program public records

10  exemption.--Notwithstanding any other law to the contrary, any

11  information identifying a Florida Kidcare program applicant or

12  enrollee, as defined in s. 409.811, held by the Agency for

13  Health Care Administration, the Department of Children and

14  Family Services, the Department of Health, or the Florida

15  Healthy Kids Corporation is confidential and exempt from s.

16  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

17  information may be disclosed to another governmental entity

18  only if disclosure is necessary for the entity to perform its

19  duties and responsibilities under the Florida Kidcare program

20  and shall be disclosed to the Department of Revenue for

21  purposes of administering the state's Title IV-D program. The

22  receiving governmental entity must maintain the confidential

23  and exempt status of such information. Furthermore, such

24  information may not be released to any person without the

25  written consent of the program applicant. This exemption

26  applies to any information identifying a Florida Kidcare

27  program applicant or enrollee held by the Agency for Health

28  Care Administration, the Department of Children and Family

29  Services, the Department of Health, or the Florida Healthy

30  Kids Corporation before, on, or after the effective date of

31  this exemption. A violation of this section is a misdemeanor

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    Florida Senate - 2005                                  SB 1262
    32-1120A-05                                             See HB




 1  of the second degree, punishable as provided in s. 775.082 or

 2  s. 775.083.

 3         Section 11.  Except as otherwise provided herein, this

 4  act shall take effect upon becoming a law.

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