Senate Bill sb1262c1

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    Florida Senate - 2005                           CS for SB 1262

    By the Committee on Judiciary; and Senator Campbell





    590-2071-05

  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. 409.2558, F.S.;

30         providing a procedure for redirecting payments

31         to the person with whom a child resides;

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    Florida Senate - 2005                           CS for SB 1262
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 1         providing for notice and hearing; amending s.

 2         409.2561, F.S.; providing limitation to

 3         exemption for support order establishment to

 4         recipients of supplemental security income and

 5         temporary cash assistance; amending s.

 6         409.2567, F.S.; eliminating requirement for a

 7         monthly report by the department on funds

 8         identified for collection from noncustodial

 9         parents of children receiving temporary

10         assistance; amending s. 409.821, F.S.;

11         requiring the provision of information

12         identifying KidCare program applicants to the

13         department for Title IV-D purposes; providing

14         effective dates.

15  

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

17  

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

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

20  to read:

21         61.13  Custody and support of children; visitation

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

23         (1)

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

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

26  is reasonably available. Coverage is reasonably available if

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

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

29  either to provide health care coverage or to reimburse the

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

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

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    Florida Senate - 2005                           CS for SB 1262
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 1  event, the court shall apportion the cost of coverage, and any

 2  noncovered medical, dental, and prescription medication

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

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

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

 6  prescription medication expenses of the minor child be made

 7  directly to the obligee on a percentage basis.

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

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

10  union or employer by the obligee when the following conditions

11  are met:

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

13  obligee within 30 days after receiving effective notice of the

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

15  or that application for coverage has been made;

16         b.  The obligee serves written notice of intent to

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

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

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

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

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

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

23  Social Security Act which requires that the obligor provide

24  health care coverage is enforceable by the department through

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

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

27  shall transfer the national medical support notice to the

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

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

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

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

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    Florida Senate - 2005                           CS for SB 1262
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 1  medical support notice. The obligor may contest the

 2  withholding required by the national medical support notice

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

 4  obligor must file a written notice of contest with the

 5  department within 15 business days after the date the obligor

 6  receives written notification of the national medical support

 7  notice from the department. Filing with the department is

 8  complete when the notice is received by the person designated

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

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

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

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

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

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

15  satisfaction or if the obligor fails to attend the informal

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

17  informal conference does not resolve the dispute, the obligor

18  may request an administrative hearing under chapter 120 within

19  5 business days after the termination of the informal

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

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

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

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

24  or health plan administrator must implement the withholding as

25  directed by the national medical support notice unless

26  notified by the department that the national medical support

27  notice is terminated.

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

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

30  health care coverage through that union or employer is

31  terminated.

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    Florida Senate - 2005                           CS for SB 1262
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 1         3.  In a non-Title IV-D case, upon receipt of the order

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

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

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

 5  plan regardless of any restrictions on the enrollment period

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

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

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

 9  obligor is enrolled.

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

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

12  or employer shall transfer the notice to the appropriate group

13  health plan administrator within 20 business days after the

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

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

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

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

18  income upon notification by the plan administrator that the

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

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

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

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

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

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

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

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

27  is withholding premiums for health care coverage under a

28  national medical support notice must notify the department

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

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

31  new employer, if known.

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

 2  compliance with a support order may not exceed the amount

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

 4  15 U.S.C. s. 1673(b), as amended. The union or employer shall

 5  withhold the maximum allowed by the Consumer Credit Protection

 6  Act in the following order:

 7         (I)  Current support, as ordered.

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

 9  ordered.

10         (III)  Past due support, as ordered.

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

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

13  support plus the premium payment for health care coverage

14  exceed the amount allowed under the Consumer Credit Protection

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

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

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

18  employer shall withhold the maximum allowed in the following

19  order:

20         (I)  Current support, as ordered.

21         (II)  Past due support, as ordered.

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

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

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

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

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

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

28  court to enforce the requirements of this subparagraph.

29         7.6.  The Department of Revenue may adopt rules to

30  administer the child support enforcement provisions of this

31  section which affect Title IV-D cases.

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

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

 3         61.1354  Sharing of information between consumer

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

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

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

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

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

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

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

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

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

13  depository's authority to release information to consumer

14  reporting agencies relating to the amount of current and

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

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

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

18  the accuracy of the information.

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

20  appropriate consumer reporting agencies, as identified by the

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

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

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

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

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

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

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

28  periodically to the consumer reporting agencies. The notice

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

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

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

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    Florida Senate - 2005                           CS for SB 1262
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 1  with the IV-D agency within 15 days after receipt of the

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

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

 4  a hearing need be given when updated information concerning

 5  the same obligor is periodically released to the consumer

 6  reporting agencies.

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

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

 9  amended to read:

10         61.14  Enforcement and modification of support,

11  maintenance, or alimony agreements or orders.--

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

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

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

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

16  judge of compensation claims reviews the proposed disbursement

17  and enters an order finding the settlement provides for

18  appropriate recovery of any support arrearage. The employee,

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

20  shall submit a written statement from the department as to

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

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

23  require the employee to submit a similar statement from a

24  local depository established under s. 61.181. The sworn

25  statement of the employee that all existing support

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

27  finds the proposed allocation of support recovery

28  insufficient, the parties may amend the allocation of support

29  recovery within the settlement agreement to make the

30  allocation of proceeds sufficient. The Office of the Judges of

31  Compensation Claims shall adopt procedural rules to implement

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 1  this paragraph. When reviewing and approving any lump-sum

 2  settlement under s. 440.20(11)(a) and (b), a judge of

 3  compensation claims must consider whether the settlement

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

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

 6  for appropriate recovery of any child support arrearage.

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

 8  Statutes, is amended to read:

 9         61.1812  Child Support Incentive Trust Fund.--

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

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

12  child support enforcement incentive earnings and that portion

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

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

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

16  by the February 1997 Social Services Estimating Conference to

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

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

19  shall be credited thereto. For fiscal years beginning with

20  1997-1998, in addition to incentive earnings and interest

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

22  assistance collections recovered in each fiscal year by the

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

24  amount estimated by the February 1997 Social Services

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

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

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

28  for child support enforcement and to support the activities of

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

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

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

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

 2  shall separately account for receipts credited to the trust

 3  fund. When all general revenue appropriations for the child

 4  support enforcement program have been shifted to the trust

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

 6  deposited into the trust fund, including federal child support

 7  incentive earnings, have exceeded state expenditures for the

 8  child support enforcement program administered by the

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

10  excess of cash flow needs are transferred to the General

11  Revenue Fund.

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

13  Statutes, is amended to read:

14         222.21  Exemption of pension money and retirement or

15  profit-sharing benefits from legal processes.--

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

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

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

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

20  401(a), s. 403(a), s. 403(b), s. 408, s. 408A, or s. 409 of

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

22  all claims of creditors of the beneficiary or participant.

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

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

25  qualified domestic relations order. However, the interest of

26  any alternate payee under a qualified domestic relations order

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

28  Department of Revenue Children and Family Services, of the

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

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

31  

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

 2  Internal Revenue Code of 1986.

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

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

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

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

 7  amended to read:

 8         382.016  Amendment of records.--The department, upon

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

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

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

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

13  amend or replace the original certificate as necessary.

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

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

16  a notarized voluntary acknowledgment of paternity signed by

17  the mother and father acknowledging the paternity of a

18  registrant born out of wedlock, or a voluntary acknowledgment

19  of paternity that is witnessed by two individuals and signed

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

21  together with sufficient information to identify the original

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

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

24  the original birth certificate. The names and identifying

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

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

27  changed from that shown on the original birth certificate at

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

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

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

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

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

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

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

 4  department shall substitute the new certificate of birth for

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

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

 7  or other state custodian of vital records shall be forwarded

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

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

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

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

12  certified copy of the original certificate of birth. Except

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

14  to an affidavit, a notarized voluntary acknowledgment of

15  paternity signed by the mother and father acknowledging the

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

17  acknowledgment of paternity that is witnessed by two

18  individuals and signed under penalty of perjury as specified

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

20  certificate of birth and all papers pertaining thereto under

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

22  jurisdiction or as otherwise provided by law.

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

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

25  to read:

26         382.016  Amendment of records.--The department, upon

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

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

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

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

31  amend or replace the original certificate as necessary.

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

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

 3  established in another state, the department shall amend the

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

 5  upon receipt of:

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

 7  final judgment, or judicial or administrative order from

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

 9         2.  A noncertified copy of an acknowledgment of

10  paternity, final judgment, or judicial or administrative order

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

12  provided with an affidavit or written declaration from the

13  Department of Revenue which states that the document was

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

15  program.

16  

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

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

19  established by adoption and the father is not eligible to

20  adopt under state law.

21         Section 8.  Effective October 1, 2005, present

22  subsection (7) of section 409.2558, Florida Statutes, is

23  redesignated as subsection (8), and a new subsection (7) is

24  added to that section, to read:

25         409.2558  Support distribution and disbursement.--

26         (7)  ORDER REDIRECTING PAYMENTS TO THE PERSON WITH WHOM

27  THE CHILD RESIDES.--If the department determines in a Title

28  IV-D case that a child for whom a support order has been

29  entered by a tribunal resides with a person other than the

30  obligee or obligor, the department may not disburse current

31  support payments for the child to the obligee without a

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 1  further order from the tribunal that entered the support

 2  order. As used in this subsection, the term "tribunal" means a

 3  circuit court or the department.

 4         (a)  A determination by the department must be based on

 5  one or more of the following factors:

 6         1.  Public-assistance records that show a person other

 7  than the obligee or obligor is receiving public assistance for

 8  the child;

 9         2.  A statement by the obligee that the child resides

10  with a person other than the obligee or obligor;

11         3.  A sworn statement or written declaration signed

12  under penalty of perjury by a person who has personal

13  knowledge that the child resides with a person other than the

14  obligee or obligor;

15         4.  Government records that show the obligee is

16  incarcerated;

17         5.  Evidence that the obligee has left the community

18  where the child resides; or

19         6.  Other credible information that indicates that the

20  child resides with a person other than the obligee or obligor.

21         (b)  The department, when it determines that a child

22  resides with a person other than the obligee or obligor, shall

23  notify the obligee, the obligor, and if known, the person with

24  whom the child resides by regular mail. The notice must state:

25         1.  The facts upon which the determination is based;

26         2.  The name and address of the person with whom the

27  child resides, if known, unless disclosure is prohibited under

28  s. 409.2579(3) or (4) or the child is in foster care;

29         3.  That the department will not disburse current

30  support payments for the child without a further order from

31  the tribunal that entered the support order;

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 1         4.  If the support order was entered by a circuit

 2  court:

 3         a.  That the department will file a motion and proposed

 4  order with the court requesting the court to order that the

 5  obligor's current support payments be disbursed to the person

 6  with whom the child resides, to determine arrearages, and to

 7  order repayment of any arrearages;

 8         b.  That the obligee, the obligor, and the person with

 9  whom the child resides may file an objection to the proposed

10  order or a motion to compel disbursement; and

11         c.  That the obligee, the obligor, and the person with

12  whom the child resides will be mailed a copy of the

13  department's motion and notice of any hearing.

14         5.  If the support order was entered by the department:

15         a.  That the department will disburse the current

16  support payments to the person with whom the child resides, if

17  known, determine arrearages, and order repayment of

18  arrearages;

19         b.  The effective date of the intended action, the

20  amount of arrearages, and the amount ordered for periodic

21  repayment of arrearages;

22         c.  That the obligee, the obligor, and the person with

23  whom the child resides may contest the intended action by

24  filing with the department a petition for an administrative

25  hearing within 30 days after the date the notice was mailed.

26         d.  That if a timely petition for an administrative

27  hearing is filed, the parties will be given advance notice of

28  the date, time, and place of the hearing; and

29         e.  That if the notice of intended action is not timely

30  contested, the department will enter a final order based on

31  information in the notice.

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 1         (c)  The tribunal that entered the support order shall

 2  determine whether support payments not disbursed by the

 3  department and current support must be paid to the obligee,

 4  paid to the person with whom the child resides, or refunded to

 5  the obligor. The person with whom the child resides is deemed

 6  a party to the proceedings. The tribunal is not required to

 7  hold a hearing unless a party files a timely objection to the

 8  proposed order or a timely petition for an administrative

 9  hearing. Any hearing held by the department shall be conducted

10  by the Division of Administrative Hearings and the

11  administrative law judge shall enter a final order. If a

12  hearing is not required, the tribunal shall enter an order

13  within 30 days after the department's motion is filed or

14  notice of intended action is mailed. If a timely objection or

15  petition for administrative hearing is filed, a hearing shall

16  be conducted and an order entered within 30 days after the

17  objection or petition is filed.

18         (d)  If the tribunal finds by a preponderance of the

19  evidence that the child does not reside with the obligee, the

20  tribunal shall enter an order that redirects the obligor's

21  current support payments to the person with whom the child

22  resides, determine arrearages owed to the obligee and the

23  person with whom the child resides, and order repayment of

24  arrearages. The tribunal need not recompute the obligor's

25  support obligation under the child-support guidelines. If the

26  person with whom the child resides is unknown and the obligor

27  owes no arrearages or costs, the tribunal shall enter an order

28  refunding the payments not disbursed by the department to the

29  obligor. If the child resides with the obligor, the person

30  with whom the child resides is unknown, or the child's place

31  

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 1  of residence is unknown, the tribunal shall consider whether

 2  to abate, terminate, or modify the support order.

 3         (e)  A tribunal that enters an order redirecting or

 4  refunding support payments shall file a copy of the order with

 5  the depository that serves as official recordkeeper for

 6  payments due under the support order. The depository shall

 7  maintain separate accounts and separate account numbers for

 8  individual payees.

 9         Section 9.  Effective July 1, 2005, subsection (4) of

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

11         409.2561  Support obligations when public assistance is

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

13  insurance information.--

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

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

16  security income or temporary cash assistance public assistance

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

18  incapacitated and financially unable to pay as determined by

19  the department.

20         Section 10.  Section 409.2567, Florida Statutes, is

21  amended to read:

22         409.2567  Services to individuals not otherwise

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

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

25  Services shall be provided upon acceptance of public

26  assistance or upon proper application filed with the

27  department. The department shall adopt rules to provide for

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

29  is not a public assistance recipient. The application fee

30  shall be deposited in the Child Support Enforcement

31  Application and Program Revenue Trust Fund within the

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 1  Department of Revenue to be used for the Child Support

 2  Enforcement Program. The obligor is responsible for all

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

 4  shall order payment of administrative costs without requiring

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

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

 7  attorney-client relationship exists only between the

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

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

10  cases that the attorney represents the agency and not the

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

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

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

14  court, shall be assessed only against the nonprevailing

15  obligor after the court makes a determination of the

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

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

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

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

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

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

22  department shall submit a monthly report to the Governor and

23  the chairs of the Health and Human Services Fiscal Committee

24  of the House of Representatives and the Ways and Means

25  Committee of the Senate specifying the funds identified for

26  collection from the noncustodial parents of children receiving

27  temporary assistance and the amounts actually collected.

28         Section 11.  Effective October 1, 2005, section

29  409.821, Florida Statutes, is amended to read:

30         409.821  Florida Kidcare program public records

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

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 1  information identifying a Florida Kidcare program applicant or

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

 3  Health Care Administration, the Department of Children and

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

 5  Healthy Kids Corporation is confidential and exempt from s.

 6  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

 7  information may be disclosed to another governmental entity

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

 9  duties and responsibilities under the Florida Kidcare program

10  and shall be disclosed to the Department of Revenue for

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

12  receiving governmental entity must maintain the confidential

13  and exempt status of such information. Furthermore, such

14  information may not be released to any person without the

15  written consent of the program applicant. This exemption

16  applies to any information identifying a Florida Kidcare

17  program applicant or enrollee held by the Agency for Health

18  Care Administration, the Department of Children and Family

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

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

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

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

23  s. 775.083.

24         Section 12.  Except as otherwise expressly provided in

25  this act, this act shall take effect upon becoming a law.

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1262

 3                                 

 4  The committee substitute makes the following changes to the
    underlying committee substitute:
 5  
    --   Requires Department of Revenue (DOR) to withhold child
 6       support disbursements while a support order is modified
         to redirect child support payments to the person with
 7       whom the child resides when the child is no longer living
         with the party named in the original support order;
 8  
    --   Includes provisions for determining a child no longer
 9       lives with the named party in a support order, for
         providing notice, and for requesting a hearing; and
10  
    --   Clarifies that the allocation of support recovery within
11       a workers' compensation settlement may be amended by the
         parties upon review but that reallocation does not affect
12       the amount of the overall settlement.

13  

14  

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24  

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31  

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