HB 1283

1	A bill to be entitled
2	An act relating to child support; amending s. 61.13, F.S.;
3	providing a civil penalty and attorney's fees and costs
4	for noncompliance with a requirement to enroll a child in
5	health care coverage; providing for enforcement by the
6	Department of Revenue; repealing a provision relating to a
7	judicial circuit with a work experience and job training
8	pilot project; amending s. 61.1301, F.S.; providing for
9	the repayment of a support delinquency through income
10	deduction; providing for application to support orders or
11	income deduction orders entered before July 1, 2006;
12	requiring an obligor contesting an income deduction order
13	rendered by a Title IV-D agency to file the petition with
14	the Title IV-D agency; requiring the department to provide
15	payors with Internet access to income deduction and
16	national medical support notices issued by the department
17	on or after July 1, 2006; amending s. 61.13016, F.S.;
18	providing for suspension of a driver's license to enforce
19	compliance with an order to appear for genetic testing;
20	amending s. 61.1354, F.S.; requiring a Title IV-D agency
21	to provide information relating to the amount of current
22	support owed by an obligor; amending s. 61.14, F.S.;
23	authorizing the circuit court to enforce a support order
24	by ordering the obligor to seek employment, file periodic
25	reports with the court or the department, notify the court
26	or department upon obtaining employment, income, or
27	property, and participate in jobs programs; providing for
28	contempt of court; repealing provisions related to a
29	judicial circuit with a work experience and job training
30	pilot project; correcting a cross reference; providing for
31	recovery of support arrearages from workers' compensation
32	lump-sum settlements; requiring the Office of the Judges
33	of Compensation Claims to adopt procedural rules;
34	requiring local depositories to electronically provide the
35	department with certain data; amending s. 61.1814, F.S.;
36	providing for fines for failure or refusal to submit to
37	genetic testing to be deposited in the Child Support
38	Enforcement Application and Program Revenue Trust Fund;
39	correcting a cross reference; amending s. 61.1824, F.S.;
40	requiring the State Disbursement Unit to provide for
41	electronic disbursement of support payments to obligees,
42	notify obligees of electronic disbursement options, and
43	encourage use of such options; requiring electronic
44	remittance of support payments by certain employers;
45	providing for waivers; amending s. 61.30, F.S.; correcting
46	a cross reference; amending s. 120.80, F.S.; providing for
47	entry of final orders by the Division of Administrative
48	Hearings in proceedings to establish paternity or
49	paternity and child support; providing for the right to
50	immediate judicial review to contest an administrative
51	order for genetic testing; providing for judicial
52	enforcement of agency final orders; providing for venue of
53	administrative hearings in paternity proceedings and
54	determinations of noncovered medical expenses; amending s.
55	322.142, F.S.; authorizing the department to obtain
56	digital photographs and signatures from the Department of
57	Highway Safety and Motor Vehicles for use in establishing
58	paternity and establishing, modifying, or enforcing
59	support obligations; amending s. 382.013, F.S.; requiring
60	the Department of Health to amend a child's birth
61	certificate when paternity is established by the
62	Department of Revenue; amending s. 382.015, F.S.;
63	requiring the clerk of the court to ensure that all
64	judicial determinations of paternity are reported to the
65	Department of Health; requiring the Department of Health
66	to monitor compliance and report data to the clerks of the
67	court; amending s. 382.016, F.S.; providing for the
68	Department of Health to leave birth certificates and
69	related papers unsealed when a father is listed pursuant
70	to an acknowledgment of paternity; providing for the
71	Department of Health to amend the birth certificate of a
72	child born in the state whose paternity is established in
73	another state; providing for the Department of Revenue to
74	develop written educational materials concerning
75	establishment of paternity for use and distribution by
76	Department of Children and Family Services, Department of
77	Corrections, Department of Education, Department of
78	Health, and Department of Juvenile Justice; creating s.
79	382.357, F.S.; providing for the Department of Health,
80	Department of Revenue, Florida Hospital Association,
81	Florida Association of Court Clerks, and one or more local
82	registrars to study the feasibility of and report on the
83	filing of original and new or amended birth certificates
84	with the Department of Health; requiring a report to the
85	Legislature; amending s. 395.003, F.S.; requiring a
86	hospital providing birthing services to comply with s.
87	382.013(2)(c), F.S., when applying for certain licenses;
88	amending s. 409.2557, F.S.; authorizing the Department of
89	Revenue to adopt rules relating to administrative
90	proceedings to establish paternity, paternity and child
91	support orders, and orders to appear for genetic testing;
92	amending s. 409.2558, F.S.; providing for a determination
93	by the Department of Revenue that a collection or refund
94	is undistributable; requiring the Department of Revenue to
95	make reasonable efforts to locate persons to whom
96	collections or refunds are owed; providing for location
97	efforts to include disclosure through a searchable
98	database of the names of obligees, obligors, and
99	depository account numbers on the Internet with
100	appropriate privacy safeguards; creating s. 409.256, F.S.;
101	providing definitions; authorizing the Department of
102	Revenue to administratively establish paternity based on
103	the results of genetic testing; providing for notice,
104	opportunity for administrative hearing, and right to
105	judicial review; authorizing the Department of Revenue to
106	combine a paternity proceeding with an administrative
107	proceeding under s. 409.2563, F.S.; providing for
108	administrative orders to appear for genetic testing and
109	right to contest; providing for scheduling of genetic
110	testing and rescheduling for good cause; providing
111	sanctions for failure or refusal to submit to genetic
112	testing; providing for a presumption of paternity based on
113	specified genetic testing results; providing for
114	admissibility of genetic testing results at administrative
115	hearings; providing for hearings to be conducted by the
116	Division of Administrative Hearings in accordance with ch.
117	120, F.S.; providing that a final order issued by an
118	administrative law judge constitutes final agency action
119	by the Department of Revenue; providing that a final order
120	establishing paternity has the same effect as a judgment
121	entered by a court pursuant to ch. 742, F.S.; requiring a
122	respondent to notify the Department of Revenue of changes
123	of address and that subsequent notice by mail is deemed to
124	have been received; providing that the administrative
125	procedure is a supplemental remedy; authorizing the
126	Department of Revenue to adopt rules; amending s.
127	409.2561, F.S.; providing that no obligation of support
128	shall be incurred by a recipient of supplemental security
129	income or temporary cash assistance for the benefit of a
130	dependent child; amending s. 409.2563, F.S.; authorizing
131	the Department of Revenue to establish an administrative
132	support order when paternity is determined pursuant to s.
133	409.256, F.S.; creating s. 409.25635, F.S.; authorizing
134	the Department of Revenue to determine the amount owed by
135	an obligor for noncovered medical expenses in Title IV-D
136	cases; defining "noncovered medical expenses"; providing
137	for notice, opportunity for administrative hearing, and
138	right to judicial review; requiring a written declaration
139	under penalty of perjury by the obligee and documentation
140	of claims; providing that a determination by the
141	Department of Revenue has the same effect as a judgment
142	entered by a court; providing for filing an uncontested
143	notice or final order with the local depository;
144	authorizing the Department of Revenue to collect
145	noncovered medical expenses by using the same remedies
146	available for collection of support; providing that the
147	administrative procedure is a supplemental remedy;
148	authorizing the Department of Revenue to adopt rules;
149	amending s. 409.2564, F.S.; repealing provision relating
150	to judicial circuits with a work experience and job
151	training pilot project; providing for a reduction in the
152	amount of retroactive support permanently assigned to the
153	state when the obligor and the Department of Revenue agree
154	to entry of a support order based on the child support
155	guidelines; amending s. 409.25645, F.S.; providing for
156	correctional facilities to assist putative fathers in
157	complying with administrative orders for genetic testing;
158	providing that an administrative order for genetic testing
159	has the same force and effect as a court order; amending
160	s. 409.2567, F.S.; authorizing the Department of Revenue
161	to seek a federal waiver from the requirement that an
162	individual must apply for Title IV-D services; providing
163	for the Department of Revenue to adopt rules if a waiver
164	is granted and provide Title IV-D services if support
165	payments are not paid as ordered unless the individual
166	elects not to receive services after notice; providing an
167	application fee for child support services provided by the
168	Department of Revenue, waiver of the fee, and payment by
169	the department; removing rulemaking authority of the
170	Department of Children and Family Services relating to the
171	application fee and deposit thereof; amending s. 409.2598,
172	F.S.; revising provisions relating to license suspension
173	to enforce support orders; authorizing the Department of
174	Revenue to commence a proceeding to suspend an obligor's
175	occupational, business, trade, professional, or
176	recreational license for noncompliance with a support
177	order; providing for notice by regular mail, opportunity
178	to contest in circuit court, grounds for contesting, and
179	stay of proceedings if a timely petition to contest is
180	filed; providing for written agreement with the Department
181	of Revenue to avoid suspension, reinstatement notice upon
182	compliance, and suspension if the obligor does not comply
183	after notice, does not contest, or does not comply with a
184	written agreement unless the obligor notifies the
185	department of inability to comply with the written
186	agreement; providing for full disclosure by obligor of
187	income, assets, and employment; providing for
188	reinstatement upon court order; providing for license
189	suspension to enforce subpoenas, orders to appear, or
190	similar orders; providing for combining a proceeding to
191	enforce a support order with a proceeding to suspend a
192	driver's license, under certain circumstances; authorizing
193	the Department of Revenue to adopt rules; amending s.
194	409.259, F.S.; requiring the Supreme Court, clerks of the
195	circuit court, chief judges, sheriffs, Office of the
196	Attorney General, Office of the State Courts
197	Administrator, and Department of Revenue to work
198	cooperatively to implement electronic filing of pleadings,
199	returns of service, and other papers by October 1, 2009;
200	amending s. 409.821, F.S.; requiring the Agency for Health
201	Care Administration to disclose information identifying
202	Florida KidCare applicants or enrollees to the Department
203	of Revenue for purposes of administering the state's Title
204	IV-D program; amending s. 414.065, F.S.; providing that a
205	court may order a noncustodial parent who is delinquent
206	pursuant to the terms of a support order to participate in
207	work activities under ch. 414, F.S., or as provided in s.
208	61.14(5)(b), F.S.; amending s. 443.051, F.S.; revising
209	provisions relating to interception of child support
210	benefits; providing and revising definitions; requiring
211	the Agency for Workforce Innovation to deduct and withhold
212	a specified percentage of unemployment compensation
213	otherwise payable to an individual who owes a support
214	obligation, under certain circumstances; providing for the
215	Department of Revenue to promptly refund any excess
216	deduction to the obligor; amending s. 455.203, F.S.;
217	repealing authority to screen license applicants for
218	compliance with support obligations; requiring the
219	Department of Business and Professional Regulation to
220	cooperate with the Department of Revenue to implement an
221	automated method for current license disclosure; requiring
222	the Department of Revenue to suspend or deny licenses for
223	noncompliance with a support order; providing for issuance
224	or restatement upon proof of compliance; amending s.
225	742.10, F.S.; providing that when paternity is adjudicated
226	by the Department of Revenue pursuant to s. 409.256, F.S.,
227	such adjudication constitutes the establishment of
228	paternity for purposes of ch. 742, F.S.; amending s.
229	760.40, F.S.; providing for genetic testing in paternity
230	cases and disclosure of test results as authorized by s.
231	409.256, F.S.; amending s. 827.06, F.S.; repealing
232	provisions that require exhaustion of civil remedies
233	before a criminal prosecution for nonsupport of dependents
234	is commenced, a prior adjudication of contempt for failure
235	to comply with a support order, notice by the state
236	attorney prior to prosecution, and mandatory minimum fines
237	and imprisonment; providing for the state attorneys, the
238	Florida Prosecuting Attorneys Association, and the
239	Department of Revenue to identify strategies for pursuing
240	criminal prosecution in certain cases and to submit a
241	report to the Governor and Legislature; providing
242	effective dates.
243
244	Be It Enacted by the Legislature of the State of Florida:
245
246	Section 1.  Effective October 1, 2005, paragraphs (b) and
247	(e) of subsection (1) of section 61.13, Florida Statutes, are
248	amended to read:
249	61.13  Custody and support of children; visitation rights;
250	power of court in making orders.--
251	(1)
252	(b)  Each order for support shall contain a provision for
253	health care coverage for the minor child when the coverage is
254	reasonably available. Coverage is reasonably available if either
255	the obligor or obligee has access at a reasonable rate to a
256	group health plan. The court may require the obligor either to
257	provide health care coverage or to reimburse the obligee for the
258	cost of health care coverage for the minor child when coverage
259	is provided by the obligee. In either event, the court shall
260	apportion the cost of coverage, and any noncovered medical,
261	dental, and prescription medication expenses of the child, to
262	both parties by adding the cost to the basic obligation
263	determined pursuant to s. 61.30(6). The court may order that
264	payment of uncovered medical, dental, and prescription
265	medication expenses of the minor child be made directly to the
266	obligee on a percentage basis.
267	1.  In a non-Title IV-D case, a copy of the court order for
268	health care coverage shall be served on the obligor's union or
269	employer by the obligee when the following conditions are met:
270	a.  The obligor fails to provide written proof to the
271	obligee within 30 days after receiving effective notice of the
272	court order, that the health care coverage has been obtained or
273	that application for coverage has been made;
274	b.  The obligee serves written notice of intent to enforce
275	an order for health care coverage on the obligor by mail at the
276	obligor's last known address; and
277	c.  The obligor fails within 15 days after the mailing of
278	the notice to provide written proof to the obligee that the
279	health care coverage existed as of the date of mailing.
280	2.a.  A support order enforced under Title IV-D of the
281	Social Security Act which requires that the obligor provide
282	health care coverage is enforceable by the department through
283	the use of the national medical support notice, and an amendment
284	to the support order is not required. The department shall
285	transfer the national medical support notice to the obligor's
286	union or employer. The department shall notify the obligor in
287	writing that the notice has been sent to the obligor's union or
288	employer, and the written notification must include the
289	obligor's rights and duties under the national medical support
290	notice. The obligor may contest the withholding required by the
291	national medical support notice based on a mistake of fact. To
292	contest the withholding, the obligor must file a written notice
293	of contest with the department within 15 business days after the
294	date the obligor receives written notification of the national
295	medical support notice from the department. Filing with the
296	department is complete when the notice is received by the person
297	designated by the department in the written notification. The
298	notice of contest must be in the form prescribed by the
299	department. Upon the timely filing of a notice of contest, the
300	department shall, within 5 business days, schedule an informal
301	conference with the obligor to discuss the obligor's factual
302	dispute. If the informal conference resolves the dispute to the
303	obligor's satisfaction or if the obligor fails to attend the
304	informal conference, the notice of contest is deemed withdrawn.
305	If the informal conference does not resolve the dispute, the
306	obligor may request an administrative hearing under chapter 120
307	within 5 business days after the termination of the informal
308	conference, in a form and manner prescribed by the department.
309	However, the filing of a notice of contest by the obligor does
310	not delay the withholding of premium payments by the union,
311	employer, or health plan administrator. The union, employer, or
312	health plan administrator must implement the withholding as
313	directed by the national medical support notice unless notified
314	by the department that the national medical support notice is
315	terminated.
316	b.  In a Title IV-D case, the department shall notify an
317	obligor's union or employer if the obligation to provide health
318	care coverage through that union or employer is terminated.
319	3.  In a non-Title IV-D case, upon receipt of the order
320	pursuant to subparagraph 1., or upon application of the obligor
321	pursuant to the order, the union or employer shall enroll the
322	minor child as a beneficiary in the group health plan regardless
323	of any restrictions on the enrollment period and withhold any
324	required premium from the obligor's income. If more than one
325	plan is offered by the union or employer, the child shall be
326	enrolled in the group health plan in which the obligor is
327	enrolled.
328	4.a.  Upon receipt of the national medical support notice
329	under subparagraph 2. in a Title IV-D case, the union or
330	employer shall transfer the notice to the appropriate group
331	health plan administrator within 20 business days after the date
332	on the notice. The plan administrator must enroll the child as a
333	beneficiary in the group health plan regardless of any
334	restrictions on the enrollment period, and the union or employer
335	must withhold any required premium from the obligor's income
336	upon notification by the plan administrator that the child is
337	enrolled. The child shall be enrolled in the group health plan
338	in which the obligor is enrolled. If the group health plan in
339	which the obligor is enrolled is not available where the child
340	resides or if the obligor is not enrolled in group coverage, the
341	child shall be enrolled in the lowest cost group health plan
342	that is available where the child resides.
343	b.  If health care coverage or the obligor's employment is
344	terminated in a Title IV-D case, the union or employer that is
345	withholding premiums for health care coverage under a national
346	medical support notice must notify the department within 20 days
347	after the termination and provide the obligor's last known
348	address and the name and address of the obligor's new employer,
349	if known.
350	5.a.  The amount withheld by a union or employer in
351	compliance with a support order may not exceed the amount
352	allowed under s. 303(b) of the Consumer Credit Protection Act,
353	15 U.S.C. s. 1673(b), as amended. The union or employer shall
354	withhold the maximum allowed by the Consumer Credit Protection
355	Act in the following order:
356	(I)  Current support, as ordered.
357	(II)  Premium payments for health care coverage, as
358	ordered.
359	(III)  Past due support, as ordered.
360	(IV)  Other medical support or coverage, as ordered.
361	b.  If the combined amount to be withheld for current
362	support plus the premium payment for health care coverage exceed
363	the amount allowed under the Consumer Credit Protection Act, and
364	the health care coverage cannot be obtained unless the full
365	amount of the premium is paid, the union or employer may not
366	withhold the premium payment. However, the union or employer
367	shall withhold the maximum allowed in the following order:
368	(I)  Current support, as ordered.
369	(II)  Past due support, as ordered.
370	(III)  Other medical support or coverage, as ordered.
371	6.  An employer, union, or plan administrator who does not
372	comply with the requirements in sub-subparagraph 4.a. is subject
373	to a civil penalty not to exceed $250 for the first violation
374	and $500 for subsequent violations, plus attorney's fees and
375	costs. The department may file a petition in circuit court to
376	enforce the requirements of this subsection.
377	7.6.  The department of Revenue may adopt rules to
378	administer the child support enforcement provisions of this
379	section that which affect Title IV-D cases.
380	(e)  In a judicial circuit with a work experience and job
381	training pilot project, if the obligor is unemployed or has no
382	income and does not have an account at a financial institution,
383	then the court shall order the obligor to seek employment, if
384	the obligor is able to engage in employment, and to immediately
385	notify the court upon obtaining employment, upon obtaining any
386	income, or upon obtaining any ownership of any asset with a
387	value of $500 or more. If the obligor is still unemployed 30
388	days after any order for support, the court may order the
389	obligor to enroll in the work experience, job placement, and job
390	training pilot program for noncustodial parents as established
391	in s. 409.2565, if the obligor is eligible for entrance into the
392	pilot program.
393	Section 2.  Effective July 1, 2006, paragraphs (b), (e),
394	and (f) of subsection (1) of section 61.1301, Florida Statutes,
395	are amended, paragraph (c) is added to subsection (3), and
396	subsection (5) is added to said section, to read:
397	61.1301  Income deduction orders.--
398	(1)  ISSUANCE IN CONJUNCTION WITH AN ORDER ESTABLISHING,
399	ENFORCING, OR MODIFYING AN OBLIGATION FOR ALIMONY OR CHILD
400	SUPPORT.--
401	(b)  The income deduction order shall:
402	1.  Direct a payor to deduct from all income due and
403	payable to an obligor the amount required by the court to meet
404	the obligor's support obligation including any attorney's fees
405	or costs owed and forward the deducted amount pursuant to the
406	order.
407	2.  State the amount of arrearage owed, if any, and direct
408	a payor to withhold an additional 20 percent or more of the
409	periodic amount specified in the order establishing, enforcing,
410	or modifying the obligation, until full payment is made of any
411	arrearage, attorney's fees and costs owed, provided no deduction
412	shall be applied to attorney's fees and costs until the full
413	amount of any arrearage is paid.;
414	3.  Provide that if a delinquency accrues after the order
415	establishing, modifying, or enforcing the obligation has been
416	entered and there is no order for repayment of the delinquency
417	or a preexisting arrearage, a payor shall deduct an additional
418	20 percent of the current support obligation or other amount
419	agreed to by the parties until the delinquency and any
420	attorney's fees and costs are paid in full. No deduction may be
421	applied to attorney's fees and costs until the delinquency is
422	paid in full.
423	4.3.  Direct a payor not to deduct in excess of the amounts
424	allowed under s. 303(b) of the Consumer Credit Protection Act,
425	15 U.S.C. s. 1673(b), as amended.;
426	5.4.  Direct whether a payor shall deduct all, a specified
427	portion, or no income which is paid in the form of a bonus or
428	other similar one-time payment, up to the amount of arrearage
429	reported in the income deduction notice or the remaining balance
430	thereof, and forward the payment to the governmental depository.
431	For purposes of this subparagraph, "bonus" means a payment in
432	addition to an obligor's usual compensation and which is in
433	addition to any amounts contracted for or otherwise legally due
434	and shall not include any commission payments due an obligor.;
435	6.5.  In Title IV-D cases, direct a payor to provide to the
436	court depository the date on which each deduction is made.;
437	7.6.  In Title IV-D cases, if an obligation to pay current
438	support is reduced or terminated due to emancipation of a child
439	and the obligor owes an arrearage, retroactive support,
440	delinquency, or costs, direct the payor to continue the income
441	deduction at the rate in effect immediately prior to
442	emancipation until all arrearages, retroactive support,
443	delinquencies, and costs are paid in full or until the amount of
444	withholding is modified.; and
445	8.7.  Direct that, at such time as the State Disbursement
446	Unit becomes operational, all payments in those cases in which
447	the obligee is receiving Title IV-D services and in those cases
448	in which the obligee is not receiving Title IV-D services in
449	which the initial support order was issued in this state on or
450	after January 1, 1994, and in which the obligor's child support
451	obligation is being paid through income deduction, be made
452	payable to and delivered to the State Disbursement Unit.
453	Notwithstanding any other statutory provision to the contrary,
454	funds received by the State Disbursement Unit shall be held,
455	administered, and disbursed by the State Disbursement Unit
456	pursuant to the provisions of this chapter.
457	(e)  Statement of obligor's rights. When the court orders
458	the income deduction to be effective immediately, the court
459	shall furnish to the obligor a statement of his or her rights,
460	remedies, and duties in regard to the income deduction order.
461	The statement shall state:
462	1.  All fees or interest which shall be imposed.
463	2.  The total amount of income to be deducted for each pay
464	period until the arrearage, if any, is paid in full and shall
465	state the total amount of income to be deducted for each pay
466	period thereafter. The amounts deducted may not be in excess of
467	that allowed under s. 303(b) of the Consumer Credit Protection
468	Act, 15 U.S.C. s. 1673(b), as amended.
469	3.  That the income deduction order applies to current and
470	subsequent payors and periods of employment.
471	4.  That a copy of the income deduction order or, in Title
472	IV-D cases, the income deduction notice will be served on the
473	obligor's payor or payors.
474	5.  That enforcement of the income deduction order may only
475	be contested on the ground of mistake of fact regarding the
476	amount owed pursuant to the order establishing, enforcing, or
477	modifying the obligation, the arrearages, or the identity of the
478	obligor, the payor, or the obligee.
479	6.  That the obligor is required to notify the obligee and,
480	when the obligee is receiving IV-D services, the IV-D agency
481	within 7 days of changes in the obligor's address, payors, and
482	the addresses of his or her payors.
483	7.  That in a Title IV-D case, if an obligation to pay
484	current support is reduced or terminated due to emancipation of
485	a child and the obligor owes an arrearage, retroactive support,
486	delinquency, or costs, income deduction continues at the rate in
487	effect immediately prior to emancipation until all arrearages,
488	retroactive support, delinquencies, and costs are paid in full
489	or until the amount of withholding is modified.
490	(f)  Notice of delinquency. If a support order was entered
491	before January 1, 1994, or the court orders the income deduction
492	to be effective upon a delinquency as provided in paragraph (c),
493	or a delinquency has accrued under an order entered before July
494	1, 2006, that established, modified, or enforced the obligation
495	and there is no order for repayment of the delinquency or a
496	preexisting arrearage, the obligee or, in Title IV-D cases, the
497	Title IV-D agency may enforce the income deduction by serving a
498	notice of delinquency on the obligor under this paragraph
499	subsection.
500	1.  The notice of delinquency shall state:
501	a.  The terms of the order establishing, enforcing, or
502	modifying the obligation.
503	b.  The period of delinquency and the total amount of the
504	delinquency as of the date the notice is mailed.
505	c.  All fees or interest which may be imposed.
506	d.  The total amount of income to be deducted for each pay
507	period until the arrearage, and all applicable fees and
508	interest, is paid in full and shall state the total amount of
509	income to be deducted for each pay period thereafter. The
510	amounts deducted may not be in excess of that allowed under s.
511	303(b) of the Consumer Credit Protection Act, 15 U.S.C. s.
512	1673(b), as amended.
513	e.  That the income deduction order applies to current and
514	subsequent payors and periods of employment.
515	f.  That a copy of the notice of delinquency will be served
516	on the obligor's payor or payors, together with a copy of the
517	income deduction order or, in Title IV-D cases, the income
518	deduction notice, unless the obligor applies to the court to
519	contest enforcement of the income deduction. If the income
520	deduction order being enforced was rendered by the Title IV-D
521	agency pursuant to s. 409.2563 and the obligor contests the
522	deduction, the obligor shall file a petition for an
523	administrative hearing with the Title IV-D agency. The
524	application or petition shall be filed within 15 days after the
525	date the notice of delinquency was served.
526	g.  That enforcement of the income deduction order may only
527	be contested on the ground of mistake of fact regarding the
528	amount owed pursuant to the order establishing, enforcing, or
529	modifying the obligation, the amount of arrearages, or the
530	identity of the obligor, the payor, or the obligee.
531	h.  That the obligor is required to notify the obligee of
532	the obligor's current address and current payors and of the
533	address of current payors. All changes shall be reported by the
534	obligor within 7 days. If the IV-D agency is enforcing the
535	order, the obligor shall make these notifications to the agency
536	instead of to the obligee.
537	2.  The failure of the obligor to receive the notice of
538	delinquency does not preclude subsequent service of the income
539	deduction order or, in Title IV-D cases, the income deduction
540	notice on the obligor's payor. A notice of delinquency which
541	fails to state an arrearage does not mean that an arrearage is
542	not owed.
543	(3)
544	(c)  If a delinquency accrues after an order establishing,
545	modifying, or enforcing a support obligation has been entered,
546	an income deduction order entered after July 1, 2006, is in
547	effect, and there is no order for repayment of the delinquency
548	or a preexisting arrearage, a payor who is served with an income
549	deduction order or, in a Title IV-D case, an income deduction
550	notice shall deduct an additional 20 percent of the current
551	support obligation or other amount agreed to by the parties
552	until the delinquency and any attorney's fees and costs are paid
553	in full. No deduction may be applied to attorney's fees and
554	costs until the delinquency is paid in full.
555	(5)  By July 1, 2006, the department shall provide a payor
556	with Internet access to income deduction and national medical
557	support notices issued by the department on or after July 1,
558	2006, concerning an obligor to whom the payor pays income. The
559	department shall provide a payor who requests Internet access
560	with a user code and password to allow the payor to receive
561	notices electronically and to download the information necessary
562	to begin income deduction and health care coverage enrollment.
563	If a participating payor does not respond to electronic notice
564	by accessing the data posted by the department within 48 hours,
565	the department shall mail the income deduction or medical
566	support notice to the payor.
567	Section 3.  Effective January 1, 2006, subsection (4) is
568	added to section 61.13016, Florida Statutes, to read:
569	61.13016  Suspension of driver's licenses and motor vehicle
570	registrations.--
571	(4)  The procedures prescribed in this section and s.
572	322.058 may be used to enforce compliance with an order to
573	appear for genetic testing.
574	Section 4.  Effective July 1, 2006, subsections (1) and (2)
575	of section 61.1354, Florida Statutes, are amended to read:
576	61.1354  Sharing of information between consumer reporting
577	agencies and the IV-D agency.--
578	(1)  Upon receipt of a request from a consumer reporting
579	agency as defined in s. 603(f) of the Fair Credit Reporting Act,
580	the IV-D agency or the depository in non-Title-IV-D cases shall
581	make available information relating to the amount of current and
582	overdue support owed by an obligor. The IV-D agency or the
583	depository in non-Title-IV-D cases shall give the obligor
584	written notice, at least 15 days prior to the release of
585	information, of the IV-D agency's or depository's authority to
586	release information to consumer reporting agencies relating to
587	the amount of current and overdue support owed by the obligor.
588	The obligor shall be informed of his or her right to request a
589	hearing with the IV-D agency or the court in non-Title-IV-D
590	cases to contest the accuracy of the information.
591	(2)  The IV-D agency shall report periodically to
592	appropriate consumer reporting agencies, as identified by the
593	IV-D agency, the name and social security number of any
594	delinquent obligor, and the amount of overdue support owed by
595	the obligor, and the amount of the obligor's current support
596	obligation when the overdue support is paid. The IV-D agency, or
597	its designee, shall provide the obligor with written notice, at
598	least 15 days prior to the initial release of information, of
599	the IV-D agency's authority to release the information
600	periodically to the consumer reporting agencies. The notice
601	shall state the amount of overdue support owed and shall inform
602	the obligor of the right to request a hearing with the IV-D
603	agency within 15 days after receipt of the notice to contest the
604	accuracy of the information. After the initial notice is given,
605	no further notice or opportunity for a hearing need be given
606	when updated information concerning the same obligor is
607	periodically released to the consumer reporting agencies.
608	Section 5.  Effective October 1, 2005, subsection (5) of
609	section 61.14, Florida Statutes, is amended to read:
610	61.14  Enforcement and modification of support,
611	maintenance, or alimony agreements or orders.--
612	(5)(a)  When a court of competent jurisdiction enters an
613	order for the payment of alimony or child support or both, the
614	court shall make a finding of the obligor's imputed or actual
615	present ability to comply with the order. If the obligor
616	subsequently fails to pay alimony or support and a contempt
617	hearing is held, the original order of the court creates a
618	presumption that the obligor has the present ability to pay the
619	alimony or support and to purge himself or herself from the
620	contempt. At the contempt hearing, the obligor shall have the
621	burden of proof to show that he or she lacks the ability to
622	purge himself or herself from the contempt. This presumption is
623	adopted as a presumption under s. 90.302(2) to implement the
624	public policy of this state that children shall be maintained
625	from the resources of their parents and as provided for in s.
626	409.2551, and that spouses be maintained as provided for in s.
627	61.08. The court shall state in its order the reasons for
628	granting or denying the contempt.
629	(b)  In a proceeding in circuit court to enforce a support
630	order under this chapter, chapter 88, chapter 409, or chapter
631	742, or any other provision of law, if the court finds that
632	payments due under the support order are delinquent or overdue
633	and that the obligor is unemployed, underemployed, or has no
634	income but is able to work or participate in job training, the
635	court may order the obligor to:
636	1.  Seek employment.
637	2.  File periodic reports with the court, or with the
638	department if the department is providing Title IV-D services,
639	detailing the obligor's efforts to seek and obtain employment
640	during the reporting period.
641	3.  Notify the court or the department, as appropriate,
642	upon obtaining employment, income, or property.
643	4.  Participate in job training, job placement, work
644	experience, or other work programs that may be available
645	pursuant to chapter 445, chapter 446, or any other source.
646
647	An obligor who willfully fails to comply with a court order to
648	seek work or participate in other work-related activities may be
649	held in contempt of court. This paragraph is in furtherance of
650	the public policy of the state of ensuring that children are
651	maintained from the resources of their parents to the extent
652	possible. In a judicial circuit with a work experience and job
653	training pilot project, if at the time of the contempt hearing
654	the obligor is unemployed or has no income, then the court shall
655	order the obligor to seek employment, if the obligor is able to
656	engage in employment, and to immediately notify the court upon
657	obtaining employment, upon obtaining any income, or upon
658	obtaining any ownership of any asset with a value of $500 or
659	more. If the obligor is still unemployed 30 days after any order
660	for support, the court may order the obligor to enroll in a work
661	experience, job placement, and job training program for
662	noncustodial parents as established in s. 409.2565, if the
663	obligor is eligible for entrance into the pilot program.
664	Section 6.  Paragraph (b) of subsection (1) of section
665	61.14, Florida Statutes, is amended to read:
666	61.14  Enforcement and modification of support,
667	maintenance, or alimony agreements or orders.--
668	(1)
669	(b)  For each support order reviewed by the department as
670	required by s. 409.2564(11)(12), if the amount of the child
671	support award under the order differs by at least 10 percent but
672	not less than $25 from the amount that would be awarded under s.
673	61.30, the department shall seek to have the order modified and
674	any modification shall be made without a requirement for proof
675	or showing of a change in circumstances.
676	Section 7.  Effective December 1, 2005, paragraph (a) of
677	subsection (8) of section 61.14, Florida Statutes, is amended to
678	read:
679	61.14  Enforcement and modification of support,
680	maintenance, or alimony agreements or orders.--
681	(8)(a)  When an employee and an employer reach agreement
682	for a lump-sum settlement under s. 440.20(11), no proceeds of
683	the settlement shall be disbursed to the employee, nor shall any
684	attorney's fees be disbursed, until after a judge of
685	compensation claims reviews the proposed disbursement and enters
686	an order finding the settlement provides for appropriate
687	recovery of any support arrearage. The employee, or the
688	employee's attorney if the employee is represented, shall submit
689	a written statement from the department that indicates whether
690	the worker owes unpaid support and, if so, the amount owed. In
691	addition, the judge of compensation claims may require the
692	employee to submit a similar statement from a local depository
693	established under s. 61.181. A sworn statement by the employee
694	that all existing support obligations have been disclosed is
695	also required. If the judge finds the proposed allocation of
696	support recovery insufficient, the parties may amend the
697	settlement agreement's allocation of proceeds to make the
698	allocation sufficient. The Office of the Judges of Compensation
699	Claims shall adopt procedural rules to implement this paragraph
700	When reviewing and approving any lump-sum settlement under s.
701	440.20(11)(a) and (b), a judge of compensation claims must
702	consider whether the settlement serves the interests of the
703	worker and the worker's family, including, but not limited to,
704	whether the settlement provides for appropriate recovery of any
705	child support arrearage.
706	Section 8.  Effective January 1, 2006, paragraph (g) is
707	added to subsection (6) of section 61.14, Florida Statutes, to
708	read:
709	61.14  Enforcement and modification of support,
710	maintenance, or alimony agreements or orders.--
711	(6)
712	(g)  The local depository shall send the department monthly
713	by electronic means a list of all Title IV-D and non-Title IV-D
714	cases in which a judgment by operation of law has been recorded
715	during the month for which the data is provided. At a minimum,
716	the depository shall provide the names of the obligor and
717	obligee, social security numbers of the obligor and obligee, if
718	available, and depository number.
719	Section 9.  Paragraph (e) of subsection (2) of section
720	61.1814, Florida Statutes, is amended to read:
721	61.1814  Child Support Enforcement Application and Program
722	Revenue Trust Fund.--
723	(2)  With the exception of fees required to be deposited in
724	the Clerk of the Court Child Support Enforcement Collection
725	System Trust Fund under s. 61.181(2)(b) and collections
726	determined to be undistributable or unidentifiable under s.
727	409.2558, the fund shall be used for the deposit of Title IV-D
728	program income received by the department. Each type of program
729	income received shall be accounted for separately. Program
730	income received by the department includes, but is not limited
731	to:
732	(e)  Fines imposed under ss. 409.256(7)(b), 409.2564(7),(8)
733	and 409.2578.
734	Section 10.  Effective upon this act becoming a law,
735	paragraph (d) of subsection (3) and subsection (6) of section
736	61.1824, Florida Statutes, are amended to read:
737	61.1824  State Disbursement Unit.--
738	(3)  The State Disbursement Unit shall perform the
739	following functions:
740	(d)  To the extent feasible, use automated procedures for
741	the collection and disbursement of support payments, including,
742	but not limited to, having procedures for:
743	1.  Receipt of payments from obligors, employers, other
744	states and jurisdictions, and other entities.
745	2.  Timely disbursement of payments to obligees, the
746	department, and other state Title IV-D agencies.
747	3.  Accurate identification of payment source and amount.
748	4.  Furnishing any parent, upon request, timely information
749	on the current status of support payments under an order
750	requiring payments to be made by or to the parent, except that
751	in cases described in paragraph (1)(b), prior to the date the
752	State Disbursement Unit becomes fully operational, the State
753	Disbursement Unit shall not be required to convert and maintain
754	in automated form records of payments kept pursuant to s.
755	61.181.
756	5.  Electronic disbursement of support payments to
757	obligees. The State Disbursement Unit shall notify obligees of
758	electronic disbursement options and encourage their use through
759	promotional material.
760	(6)  Effective October 1, 1999, or such earlier date as the
761	State Disbursement Unit becomes operational, all support
762	payments for cases to which the requirements of this section
763	apply shall be made payable to and delivered to the State
764	Disbursement Unit. Effective October 1, 2006, an employer who
765	employed 10 or more employees in any quarter during the
766	preceding state fiscal year or who was subject to and paid tax
767	to the department in an amount of $30,000 or more shall remit
768	support payments deducted pursuant to an income deduction order
769	or income deduction notice and provide associated case data to
770	the State Disbursement Unit by electronic means approved by the
771	department. The department shall adopt by rule standards for
772	electronic remittance and data transfer that to the extent
773	feasible are consistent with the department's rules for
774	electronic filing and remittance of taxes under ss. 213.755 and
775	443.163. A waiver granted by the department from the requirement
776	to file and remit electronically under s. 213.755 or s. 443.163
777	constitutes a waiver from the requirement under this subsection.
778	Notwithstanding any other statutory provision to the contrary,
779	funds received by the State Disbursement Unit shall be held,
780	administered, and disbursed by the State Disbursement Unit
781	pursuant to the provisions of this chapter.
782	Section 11.  Paragraph (c) of subsection (1) of section
783	61.30, Florida Statutes, is amended to read:
784	61.30  Child support guidelines; retroactive child
785	support.--
786	(1)
787	(c)  For each support order reviewed by the department as
788	required by s. 409.2564(11)(12), if the amount of the child
789	support award under the order differs by at least 10 percent but
790	not less than $25 from the amount that would be awarded under s.
791	61.30, the department shall seek to have the order modified and
792	any modification shall be made without a requirement for proof
793	or showing of a change in circumstances.
794	Section 12.  Effective January 1, 2006, paragraph (c) of
795	subsection (14) of section 120.80, Florida Statutes, is amended
796	to read:
797	120.80  Exceptions and special requirements; agencies.--
798	(14)  DEPARTMENT OF REVENUE.--
799	(c)  Proceedings to establish paternity or paternity and
800	child support; orders to appear for genetic testing; proceedings
801	for administrative support orders.--In proceedings to establish
802	paternity or paternity and child support pursuant to s. 409.256
803	and proceedings for the establishment of administrative support
804	orders pursuant to s. 409.2563, final orders in cases referred
805	by the Department of Revenue to the Division of Administrative
806	Hearings shall be entered by the division's administrative law
807	judge and transmitted to the Department of Revenue for filing
808	and rendering. The Department of Revenue has the right to seek
809	judicial review under s. 120.68 of a final order entered by an
810	administrative law judge. The Department of Revenue or the
811	person ordered to appear for genetic testing may seek immediate
812	judicial review under s. 120.68 of an order issued by an
813	administrative law judge pursuant to s. 409.256(5)(b). Final
814	orders that adjudicate paternity or paternity and child support
815	pursuant to s. 409.256 and administrative support orders
816	rendered pursuant to s. 409.2563 may be enforced pursuant to s.
817	120.69 or, alternatively, by any method prescribed by law for
818	the enforcement of judicial support orders, except contempt.
819	Hearings held by the Division of Administrative Hearings
820	pursuant to ss. 409.256 and s. 409.2563 shall be held in the
821	judicial circuit where the person receiving services under Title
822	IV-D resides or, if the person receiving services under Title
823	IV-D does not reside in this state, in the judicial circuit
824	where the respondent resides. If the department and the
825	respondent agree, the hearing may be held in another location.
826	If ordered by the administrative law judge, the hearing may be
827	conducted telephonically or by videoconference.
828	Section 13.  Effective October 1, 2006, paragraph (c) of
829	subsection (14) of section 120.80, Florida Statutes, as amended
830	by this act, is amended to read:
831	120.80  Exceptions and special requirements; agencies.--
832	(14)  DEPARTMENT OF REVENUE.--
833	(c)  Proceedings to establish paternity or paternity and
834	child support; orders to appear for genetic testing; proceedings
835	for administrative support orders.--In proceedings to establish
836	paternity or paternity and child support pursuant to s. 409.256
837	and proceedings for the establishment of administrative support
838	orders pursuant to s. 409.2563, final orders in cases referred
839	by the Department of Revenue to the Division of Administrative
840	Hearings shall be entered by the division's administrative law
841	judge and transmitted to the Department of Revenue for filing
842	and rendering. The Department of Revenue has the right to seek
843	judicial review under s. 120.68 of a final order entered by an
844	administrative law judge. The Department of Revenue or the
845	person ordered to appear for genetic testing may seek immediate
846	judicial review under s. 120.68 of an order issued by an
847	administrative law judge pursuant to s. 409.256(5)(b). Final
848	orders that adjudicate paternity or paternity and child support
849	pursuant to s. 409.256 and administrative support orders
850	rendered pursuant to s. 409.2563 may be enforced pursuant to s.
851	120.69 or, alternatively, by any method prescribed by law for
852	the enforcement of judicial support orders, except contempt.
853	Hearings held by the Division of Administrative Hearings
854	pursuant to ss. 409.256, and 409.2563, and 409.25635 shall be
855	held in the judicial circuit where the person receiving services
856	under Title IV-D resides or, if the person receiving services
857	under Title IV-D does not reside in this state, in the judicial
858	circuit where the respondent resides. If the department and the
859	respondent agree, the hearing may be held in another location.
860	If ordered by the administrative law judge, the hearing may be
861	conducted telephonically or by videoconference.
862	Section 14.  Effective December 1, 2005, subsection (4) of
863	section 322.142, Florida Statutes, is amended to read:
864	322.142  Color photographic or digital imaged licenses.--
865	(4)  The department may maintain a film negative or print
866	file. The department shall maintain a record of the digital
867	image and signature of the licensees, together with other data
868	required by the department for identification and retrieval.
869	Reproductions from the file or digital record shall be made and
870	issued only for departmental administrative purposes; for the
871	issuance of duplicate licenses; in response to law enforcement
872	agency requests; to the Department of Revenue pursuant to an
873	interagency agreement for use in establishing paternity and
874	establishing, modifying, or enforcing support obligations to
875	facilitate service of process in Title IV-D cases; or to the
876	Department of Financial Services pursuant to an interagency
877	agreement to facilitate the location of owners of unclaimed
878	property, the validation of unclaimed property claims, and the
879	identification of fraudulent or false claims, and are exempt
880	from the provisions of s. 119.07(1).
881	Section 15.  Effective January 1, 2006, paragraph (e) of
882	subsection (2) of section 382.013, Florida Statutes, is
883	redesignated as paragraph (f) and a new paragraph (e) is added
884	to said subsection to read:
885	382.013  Birth registration.--A certificate for each live
886	birth that occurs in this state shall be filed within 5 days
887	after such birth with the local registrar of the district in
888	which the birth occurred and shall be registered by the local
889	registrar if the certificate has been completed and filed in
890	accordance with this chapter and adopted rules. The information
891	regarding registered births shall be used for comparison with
892	information in the state case registry, as defined in chapter
893	61.
894	(2)  PATERNITY.--
895	(e)  If the paternity of the child is determined pursuant
896	to s. 409.256, the name of the father and the surname of the
897	child shall be entered on the certificate in accordance with the
898	finding and order of the Department of Revenue.
899	Section 16.  Effective December 1, 2005, section 382.015,
900	Florida Statutes, is amended to read:
901	382.015  New certificates of live birth; duty of clerks of
902	court and department.--The clerk of the court in which any
903	proceeding for adoption, annulment of an adoption, affirmation
904	of parental status, or determination of paternity is to be
905	registered, shall within 30 days after the final disposition,
906	forward to the department a certified copy of the court order,
907	or a report of the proceedings upon a form to be furnished by
908	the department, together with sufficient information to identify
909	the original birth certificate and to enable the preparation of
910	a new birth certificate. The clerk of the court shall implement
911	a monitoring and quality control plan to ensure that all
912	judicial determinations of paternity are reported to the
913	department in compliance with this section. The department shall
914	track paternity determinations reported monthly by county,
915	monitor compliance with the 30-day timeframe, and report the
916	data to the clerks of the court quarterly.
917	(1)  ADOPTION AND ANNULMENT OF ADOPTION.--
918	(a)  Upon receipt of the report or certified copy of an
919	adoption decree, together with the information necessary to
920	identify the original certificate of live birth, and establish a
921	new certificate, the department shall prepare and file a new
922	birth certificate, absent objection by the court decreeing the
923	adoption, the adoptive parents, or the adoptee if of legal age.
924	The certificate shall bear the same file number as the original
925	birth certificate. All names and identifying information
926	relating to the adoptive parents entered on the new certificate
927	shall refer to the adoptive parents, but nothing in the
928	certificate shall refer to or designate the parents as being
929	adoptive. All other items not affected by adoption shall be
930	copied as on the original certificate, including the date of
931	registration and filing.
932	(b)  Upon receipt of the report or certified copy of an
933	annulment-of-adoption decree, together with the sufficient
934	information to identify the original certificate of live birth,
935	the department shall, if a new certificate of birth was filed
936	following an adoption report or decree, remove the new
937	certificate and restore the original certificate to its original
938	place in the files, and the certificate so removed shall be
939	sealed by the department.
940	(c)  Upon receipt of a report or certified copy of an
941	adoption decree or annulment-of-adoption decree for a person
942	born in another state, the department shall forward the report
943	or decree to the state of the registrant's birth. If the adoptee
944	was born in Canada, the department shall send a copy of the
945	report or decree to the appropriate birth registration authority
946	in Canada.
947	(2)  DETERMINATION OF PATERNITY.--Upon receipt of the
948	report or a certified copy of a final decree of determination of
949	paternity, together with sufficient information to identify the
950	original certificate of live birth, the department shall prepare
951	and file a new birth certificate which shall bear the same file
952	number as the original birth certificate. The registrant's name
953	shall be entered as decreed by the court. The names and
954	identifying information of the parents shall be entered as of
955	the date of the registrant's birth.
956	(3)  AFFIRMATION OF PARENTAL STATUS.--Upon receipt of an
957	order of affirmation of parental status issued pursuant to s.
958	742.16, together with sufficient information to identify the
959	original certificate of live birth, the department shall prepare
960	and file a new birth certificate which shall bear the same file
961	number as the original birth certificate. The names and
962	identifying information of the registrant's parents entered on
963	the new certificate shall be the commissioning couple, but the
964	new certificate may not make reference to or designate the
965	parents as the commissioning couple.
966	(4)  SUBSTITUTION OF NEW CERTIFICATE OF BIRTH FOR
967	ORIGINAL.--When a new certificate of birth is prepared, the
968	department shall substitute the new certificate of birth for the
969	original certificate on file. All copies of the original
970	certificate of live birth in the custody of a local registrar or
971	other state custodian of vital records shall be forwarded to the
972	State Registrar. Thereafter, when a certified copy of the
973	certificate of birth or portion thereof is issued, it shall be a
974	copy of the new certificate of birth or portion thereof, except
975	when a court order requires issuance of a certified copy of the
976	original certificate of birth. In an adoption, change in
977	paternity, affirmation of parental status, undetermined
978	parentage, or court-ordered substitution, the department shall
979	place the original certificate of birth and all papers
980	pertaining thereto under seal, not to be broken except by order
981	of a court of competent jurisdiction or as otherwise provided by
982	law.
983	(5)  FORM.--Except for certificates of foreign birth which
984	are registered as provided in s. 382.017, and delayed
985	certificates of birth which are registered as provided in ss.
986	382.019 and 382.0195, all original, new, or amended certificates
987	of live birth shall be identical in form, regardless of the
988	marital status of the parents or the fact that the registrant is
989	adopted or of undetermined parentage.
990	(6)  RULES.--The department shall adopt and enforce all
991	rules necessary for carrying out the provisions of this section.
992	Section 17.  Paragraph (b) of subsection (1) of section
993	382.016, Florida Statutes, is amended to read:
994	382.016  Amendment of records.--The department, upon
995	receipt of the fee prescribed in s. 382.0255; documentary
996	evidence, as specified by rule, of any misstatement, error, or
997	omission occurring in any birth, death, or fetal death record;
998	and an affidavit setting forth the changes to be made, shall
999	amend or replace the original certificate as necessary.
1000	(1)  CERTIFICATE OF LIVE BIRTH AMENDMENT.--
1001	(b)  Upon written request and receipt of an affidavit, a
1002	notarized voluntary acknowledgment of paternity signed by the
1003	mother and father acknowledging the paternity of a registrant
1004	born out of wedlock, or a voluntary acknowledgment of paternity
1005	that is witnessed by two individuals and signed under penalty of
1006	perjury as specified by s. 92.525(2), together with sufficient
1007	information to identify the original certificate of live birth,
1008	the department shall prepare a new birth certificate, which
1009	shall bear the same file number as the original birth
1010	certificate. The names and identifying information of the
1011	parents shall be entered as of the date of the registrant's
1012	birth. The surname of the registrant may be changed from that
1013	shown on the original birth certificate at the request of the
1014	mother and father of the registrant, or the registrant if of
1015	legal age. If the mother and father marry each other at any time
1016	after the registrant's birth, the department shall, upon the
1017	request of the mother and father or registrant if of legal age
1018	and proof of the marriage, amend the certificate with regard to
1019	the parents' marital status as though the parents were married
1020	at the time of birth. The department shall substitute the new
1021	certificate of birth for the original certificate on file. All
1022	copies of the original certificate of live birth in the custody
1023	of a local registrar or other state custodian of vital records
1024	shall be forwarded to the State Registrar. Thereafter, when a
1025	certified copy of the certificate of birth or portion thereof is
1026	issued, it shall be a copy of the new certificate of birth or
1027	portion thereof, except when a court order requires issuance of
1028	a certified copy of the original certificate of birth. Except
1029	for a birth certificate on which a father is listed pursuant to
1030	an affidavit or notarized voluntary acknowledgment of paternity
1031	signed by the mother and the father or a voluntary
1032	acknowledgment of paternity that is witnessed by two individuals
1033	and signed under penalty of perjury as specified by s.
1034	92.525(2), the department shall place the original certificate
1035	of birth and all papers pertaining thereto under seal, not to be
1036	broken except by order of a court of competent jurisdiction or
1037	as otherwise provided by law.
1038	Section 18.  Effective October 1, 2005, paragraph (d) is
1039	added to subsection (1) of section 382.016, Florida Statutes, to
1040	read:
1041	382.016  Amendment of records.--The department, upon
1042	receipt of the fee prescribed in s. 382.0255; documentary
1043	evidence, as specified by rule, of any misstatement, error, or
1044	omission occurring in any birth, death, or fetal death record;
1045	and an affidavit setting forth the changes to be made, shall
1046	amend or replace the original certificate as necessary.
1047	(1)  CERTIFICATE OF LIVE BIRTH AMENDMENT.--
1048	(d)  For a child born in this state whose paternity is
1049	established in another state, the department shall amend the
1050	child's birth certificate to include the name of the father upon
1051	receipt of:
1052	1.  A certified copy of an acknowledgment of paternity,
1053	final judgment, or judicial or administrative order from another
1054	state that determines the child's paternity; or
1055	2.  A noncertified copy of an acknowledgment of paternity,
1056	final judgment, or judicial or administrative order from another
1057	state that determines the child's paternity when provided with
1058	an affidavit or written declaration from the Department of
1059	Revenue that states the document was provided by or obtained
1060	from another state's Title IV-D program.
1061
1062	The department may not amend a child's birth certificate to
1063	include the name of the child's father if paternity was
1064	established by adoption and the father would not be eligible to
1065	adopt under the laws of this state.
1066	Section 19.  Effective December 1, 2005, paragraph (e) is
1067	added to subsection (1) of section 382.016, Florida Statutes, as
1068	amended by this act, to read:
1069	382.016  Amendment of records.--The department, upon
1070	receipt of the fee prescribed in s. 382.0255; documentary
1071	evidence, as specified by rule, of any misstatement, error, or
1072	omission occurring in any birth, death, or fetal death record;
1073	and an affidavit setting forth the changes to be made, shall
1074	amend or replace the original certificate as necessary.
1075	(1)  CERTIFICATE OF LIVE BIRTH AMENDMENT.--
1076	(e)  The Department of Revenue shall develop written
1077	educational materials for use and distribution by the Department
1078	of Children and Family Services, Department of Corrections,
1079	Department of Education, Department of Health, and Department of
1080	Juvenile Justice that describe how paternity is established and
1081	the benefits of establishing paternity. The Department of
1082	Children and Family Services, Department of Corrections,
1083	Department of Education, Department of Health, and Department of
1084	Juvenile Justice shall make the materials available to
1085	individuals to whom services are provided and are encouraged to
1086	provide additional education on how paternity is established and
1087	the benefits of establishing paternity.
1088	Section 20.  Section 382.357, Florida Statutes, is created
1089	to read:
1090	382.357  Electronic filing of birth certificate
1091	information.--The Department of Health, Department of Revenue,
1092	Florida Hospital Association, Florida Association of Court
1093	Clerks, and one or more local registrars shall study the
1094	feasibility of electronically filing original and new or amended
1095	birth certificates, documentation of paternity determinations,
1096	and adoptions with the department. The Department of Health
1097	shall submit a report to the Governor, Cabinet, President of the
1098	Senate, and Speaker of the House of Representatives by July 1,
1099	2006. The report shall include the estimated cost to develop and
1100	implement electronic filing, cost savings resulting from
1101	electronic filing, and potential funding sources for electronic
1102	filing.
1103	Section 21.  Effective July 1, 2007, paragraph (c) is added
1104	to subsection (5) of section 395.003, Florida Statutes, to read:
1105	395.003  Licensure; issuance, renewal, denial,
1106	modification, suspension, and revocation.--
1107	(5)
1108	(c)  A hospital that provides birthing services shall
1109	affirm in writing as part of the application for a new,
1110	provisional, or renewal license that the hospital shall comply
1111	with s. 382.013(2)(c), which includes assisting unmarried
1112	parents who request assistance in executing a voluntary
1113	acknowledgment of paternity.
1114	Section 22.  Effective January 1, 2006, paragraph (p) of
1115	subsection (3) of section 409.2557, Florida Statutes, is amended
1116	to read:
1117	409.2557  State agency for administering child support
1118	enforcement program.--
1119	(3)  SPECIFIC RULEMAKING AUTHORITY.--The department has the
1120	authority to adopt rules pursuant to ss. 120.536(1) and 120.54
1121	to implement all laws administered by the department in its
1122	capacity as the Title IV-D agency for this state including, but
1123	not limited to, the following:
1124	(p)  Administrative proceedings to establish paternity or
1125	establish paternity and child support, orders to appear for
1126	genetic testing, and administrative proceedings to establish
1127	child support obligations; and
1128	Section 23.  Effective October 1, 2005, paragraph (a) of
1129	subsection (2) of section 409.2558, Florida Statutes, is amended
1130	to read:
1131	409.2558  Support distribution and disbursement.--
1132	(2)  UNDISTRIBUTABLE COLLECTIONS.--
1133	(a)  The department shall establish by rule the method for
1134	determining a collection or refund to a noncustodial parent to
1135	be undistributable to the final intended recipient. Before
1136	determining a collection or refund to be undistributable, the
1137	department shall make reasonable efforts to locate persons to
1138	whom collections or refunds are owed so that payment can be
1139	made. Location efforts may include disclosure through a
1140	searchable database of the names of obligees, obligors, and
1141	depository account numbers on the Internet with appropriate
1142	safeguards to protect the privacy of the persons named in the
1143	database.
1144	Section 24.  Section 409.256, Florida Statutes, is created
1145	to read:
1146	409.256  Administrative proceeding to establish paternity
1147	or paternity and child support; order to appear for genetic
1148	testing.--
1149	(1)  DEFINITIONS.--As used in this section, the term:
1150	(a)  "Another state" or "other state" means a state of the
1151	United States, the District of Columbia, Puerto Rico, the United
1152	States Virgin Islands, or any territory or insular possession
1153	subject to the jurisdiction of the United States. The term
1154	includes:
1155	1.  An Indian tribe.
1156	2.  A foreign jurisdiction that has enacted a law or
1157	established procedures for issuance and enforcement of support
1158	orders which are substantially similar to the procedures under
1159	this act, the Uniform Reciprocal Enforcement of Support Act, or
1160	the Revised Uniform Reciprocal Enforcement of Support Act, as
1161	determined by the Attorney General.
1162	(b)  "Custodian" means a person, other than the mother or a
1163	putative father, who has physical custody of a child or with
1164	whom the child primarily resides. References in this section to
1165	the obligation of a custodian to submit to genetic testing mean
1166	that the custodian is obligated to submit the child for genetic
1167	testing, not that the custodian must submit to genetic testing.
1168	(c)  "Filed" means a document has been received and
1169	accepted for filing at the offices of the Department of Revenue
1170	by the clerk or an authorized deputy clerk designated by the
1171	department.
1172	(d)  "Genetic testing" means a scientific analysis of
1173	genetic markers that is performed by a qualified technical
1174	laboratory only to exclude an individual as the parent of a
1175	child or to show a probability of paternity.
1176	(e)  "Paternity and child support proceeding" means an
1177	administrative action commenced by the Department of Revenue to
1178	order genetic testing, establish paternity, and establish an
1179	administrative support order pursuant to this section.
1180	(f)  "Paternity proceeding" means an administrative action
1181	commenced by the Department of Revenue to order genetic testing
1182	and establish paternity pursuant to this section.
1183	(g)  "Putative father" means an individual who is or may be
1184	the biological father of a child whose paternity has not been
1185	established and whose mother was unmarried when the child was
1186	conceived and born.
1187	(h)  "Qualified technical laboratory" means a genetic-
1188	testing laboratory that may be under contract with the
1189	Department of Revenue, that uses tests and methods of a type
1190	generally acknowledged as reliable by accreditation
1191	organizations recognized by the United States Department of
1192	Health and Human Services, and that is approved by such an
1193	accreditation organization. The term includes a genetic-testing
1194	laboratory used by another state, if the laboratory has
1195	comparable qualifications.
1196	(i)  "Rendered" means that a signed written order is filed
1197	with the clerk or a deputy clerk of the Department of Revenue
1198	and served on the respondent. The date of filing must be
1199	indicated on the face of the order at the time of rendition.
1200	(j)  "Respondent" means the person or persons served by the
1201	Department of Revenue with a notice of proceeding pursuant to
1202	subsection (4). The term includes the putative father and may
1203	include the mother or the custodian of the child.
1204	(k)  "This state" or "the state" means the State of
1205	Florida.
1206	(2)  JURISDICTION; LOCATION OF HEARINGS; RIGHT OF ACCESS TO
1207	THE COURTS.--
1208	(a)  The Department of Revenue may commence a paternity
1209	proceeding or a paternity and child support proceeding as
1210	provided in subsection (4) if:
1211	1.  The child's paternity has not been established.
1212	2.  No one is named as the father on the child's birth
1213	certificate or the person named as the father is the putative
1214	father named in an affidavit or a written declaration as
1215	provided in subparagraph 5.
1216	3.  The child's mother was unmarried when the child was
1217	conceived and born.
1218	4.  The Department of Revenue is providing services under
1219	Title IV-D.
1220	5.  The child's mother or a putative father has stated in
1221	an affidavit, or in a written declaration as provided in s.
1222	92.525(2) that the putative father is or may be the child's
1223	biological father. The affidavit or written declaration must set
1224	forth the factual basis for the allegation of paternity as
1225	provided in s. 742.12(2).
1226	(b)  If the Department of Revenue receives a request from
1227	another state to assist in the establishment of paternity, the
1228	department may serve an order to appear for genetic testing on a
1229	person who resides in this state and transmit the test results
1230	to the other state without commencing a paternity proceeding in
1231	this state.
1232	(c)  The Department of Revenue may use the procedures
1233	authorized by this section against a nonresident over whom this
1234	state may assert personal jurisdiction under chapter 48 or
1235	chapter 88.
1236	(d)  If a putative father, mother, or custodian in a Title
1237	IV-D case voluntarily submits to genetic testing, the Department
1238	of Revenue may schedule that individual or the child for genetic
1239	testing without serving that individual with an order to appear
1240	for genetic testing. A respondent or other person who is subject
1241	to an order to appear for genetic testing may waive, in writing
1242	or on the record at an administrative hearing, formal service of
1243	notices or orders or waive any other rights or time periods
1244	prescribed by this section.
1245	(e)  Whenever practicable, hearings held by the Division of
1246	Administrative Hearings pursuant to this section shall be held
1247	in the judicial circuit where the person receiving services
1248	under Title IV-D resides or, if the person receiving services
1249	under Title IV-D does not reside in this state, in the judicial
1250	circuit where the respondent resides. If the Department of
1251	Revenue and the respondent agree, the hearing may be held in
1252	another location. If ordered by the administrative law judge,
1253	the hearing may be conducted telephonically or by
1254	videoconference.
1255	(f)  The Legislature does not intend to limit the
1256	jurisdiction of the circuit courts to hear and determine issues
1257	regarding establishment of paternity. This section is intended
1258	to provide the Department of Revenue with an alternative
1259	procedure for establishing paternity and child support
1260	obligations in Title IV-D cases. This section does not prohibit
1261	a person who has standing from filing a civil action in circuit
1262	court for a determination of paternity or of child support
1263	obligations.
1264	(g)  Section 409.2563(2)(e), (f), and (g) apply to a
1265	proceeding under this section.
1266	(3)  MULTIPLE PUTATIVE FATHERS; MULTIPLE CHILDREN.--If more
1267	than one putative father has been named, the Department of
1268	Revenue may proceed under this section against a single putative
1269	father or may proceed simultaneously against more than one
1270	putative father. If a putative father has been named as a
1271	possible father of more than one child born to the same mother,
1272	the department may proceed to establish the paternity of each
1273	child in the same proceeding.
1274	(4)  NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR
1275	PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC
1276	TESTING; MANNER OF SERVICE; CONTENTS.--The Department of Revenue
1277	shall commence a proceeding to determine paternity, or a
1278	proceeding to determine both paternity and child support, by
1279	serving the respondent with a notice as provided in this
1280	section. An order to appear for genetic testing may be served at
1281	the same time as a notice of the proceeding or may be served
1282	separately. A copy of the affidavit or written declaration upon
1283	which the proceeding is based shall be provided to the
1284	respondent when notice is served. A notice or order to appear
1285	for genetic testing shall be served by certified mail,
1286	restricted delivery, return receipt requested, or in accordance
1287	with the requirements for service of process in a civil action.
1288	Service by certified mail is completed when the certified mail
1289	is received or refused by the addressee or by an authorized
1290	agent as designated by the addressee in writing. If a person
1291	other than the addressee signs the return receipt, the
1292	department shall attempt to reach the addressee by telephone to
1293	confirm whether the notice was received, and the department
1294	shall document any telephonic communications. If someone other
1295	than the addressee signs the return receipt, the addressee does
1296	not respond to the notice, and the department is unable to
1297	confirm that the addressee has received the notice, service is
1298	not completed and the department shall attempt to have the
1299	addressee served personally. For purposes of this section, an
1300	employee or an authorized agent of the department may serve the
1301	notice or order to appear for genetic testing and execute an
1302	affidavit of service. The department may serve an order to
1303	appear for genetic testing on a custodian. The department shall
1304	provide a copy of the notice or order to appear by regular mail
1305	to the mother and custodian, if they are not respondents.
1306	(a)  A notice of proceeding to establish paternity must
1307	state:
1308	1.  That the department has commenced an administrative
1309	proceeding to establish whether the putative father is the
1310	biological father of the child named in the notice.
1311	2.  The name and date of birth of the child and the name of
1312	the child's mother.
1313	3.  That the putative father has been named in an affidavit
1314	or written declaration that states the putative father is or may
1315	be the child's biological father.
1316	4.  That the respondent is required to submit to genetic
1317	testing.
1318	5.  That genetic testing will establish either a high
1319	degree of probability that the putative father is the biological
1320	father of the child or that the putative father cannot be the
1321	biological father of the child.
1322	6.  That if the results of the genetic test do not indicate
1323	a statistical probability of paternity that equals or exceeds 99
1324	percent, the paternity proceeding in connection with that child
1325	shall cease unless a second or subsequent test is required.
1326	7.  That if the results of the genetic test indicate a
1327	statistical probability of paternity that equals or exceeds 99
1328	percent, the department may:
1329	a.  Issue a proposed order of paternity that the respondent
1330	may consent to or contest at an administrative hearing; or
1331	b.  Commence a proceeding, as provided in s. 409.2563, to
1332	establish an administrative support order for the child. Notice
1333	of the proceeding shall be provided to the respondent by regular
1334	mail.
1335	8.  That, if the genetic test results indicate a
1336	statistical probability of paternity that equals or exceeds 99
1337	percent and a proceeding to establish an administrative support
1338	order is commenced, the department shall issue a proposed order
1339	that addresses paternity and child support. The respondent may
1340	consent to or contest the proposed order at an administrative
1341	hearing.
1342	9.  That if a proposed order of paternity or proposed order
1343	of both paternity and child support is not contested, the
1344	department shall adopt the proposed order and render a final
1345	order that establishes paternity and, if appropriate, an
1346	administrative support order for the child.
1347	10.  That, until the proceeding is ended, the respondent
1348	shall notify the department in writing of any change in the
1349	respondent's mailing address and that the respondent shall be
1350	deemed to have received any subsequent order, notice, or other
1351	paper mailed to the most recent address provided or, if a more
1352	recent address is not provided, to the address at which the
1353	respondent was served, and that this requirement continues if
1354	the department renders a final order that establishes paternity
1355	and a support order for the child.
1356	11.  That the respondent may file an action in circuit
1357	court for a determination of paternity, child support
1358	obligations, or both.
1359	12.  That if the respondent files an action in circuit
1360	court and serves the department with a copy of the petition or
1361	complaint within 20 days after being served notice under this
1362	subsection, the administrative process ends without prejudice
1363	and the action must proceed in circuit court.
1364	13.  That, if paternity is established, the putative father
1365	may file a petition in circuit court for a determination of
1366	matters relating to custody and rights of parental contact.
1367
1368	A notice under this paragraph must also notify the respondent of
1369	the provisions in s. 409.2563(4)(m) and (o).
1370	(b)  A notice of proceeding to establish paternity and
1371	child support must state the requirements of paragraph (a),
1372	except for subparagraph (a)7., and must state the requirements
1373	of s. 409.2563(4), to the extent that the requirements of s.
1374	409.2563(4) are not already required by and do not conflict with
1375	this subsection. This section and s. 409.2563 apply to a
1376	proceeding commenced under this subsection.
1377	(c)  The order to appear for genetic testing shall inform
1378	the person ordered to appear:
1379	1.  That the department has commenced an administrative
1380	proceeding to establish whether the putative father is the
1381	biological father of the child.
1382	2.  The name and date of birth of the child and the name of
1383	the child's mother.
1384	3.  That the putative father has been named in an affidavit
1385	or written declaration that states the putative father is or may
1386	be the child's biological father.
1387	4.  The date, time, and place that the person ordered to
1388	appear must appear to provide a sample for genetic testing.
1389	5.  That if the person has custody of the child whose
1390	paternity is the subject of the proceeding, the person must
1391	submit the child for genetic testing.
1392	6.  That when the samples are provided, the person ordered
1393	to appear shall verify his or her identity and the identity of
1394	the child, if applicable, by presenting a form of identification
1395	as prescribed by s. 117.05(5)(b)2. that bears the photograph of
1396	the person who is providing the sample or other form of
1397	verification approved by the department.
1398	7.  That if the person ordered to appear submits to genetic
1399	testing, the department shall pay the cost of the genetic
1400	testing and shall provide the person ordered to appear with a
1401	copy of any test results obtained.
1402	8.  That if the person ordered to appear does not appear as
1403	ordered or refuses to submit to genetic testing without good
1404	cause, the department may take one or more of the following
1405	actions:
1406	a.  Commence proceedings to suspend the driver's license
1407	and motor vehicle registration of the person ordered to appear,
1408	as provided in s. 61.13016;
1409	b.  Impose an administrative fine against the person
1410	ordered to appear in the amount of $500; or
1411	c.  File a petition in circuit court to establish paternity
1412	and obtain a support order for the child and an order for costs
1413	against the person ordered to appear, including costs for
1414	genetic testing.
1415	9.  That the person ordered to appear may contest the order
1416	by filing a written request for informal review within 15 days
1417	after the date of service of the order, with further rights to
1418	an administrative hearing following the informal review.
1419	(5)  RIGHT TO CONTEST ORDER TO APPEAR FOR GENETIC
1420	TESTING.--
1421	(a)  The person ordered to appear may contest an order to
1422	appear for genetic testing by filing a written request for
1423	informal review with the Department of Revenue within 15 days
1424	after the date of service of the order. The purpose of the
1425	informal review is to provide the person ordered to appear with
1426	an opportunity to discuss the proceedings and the basis of the
1427	order. At the conclusion of the informal review, the department
1428	shall notify the person ordered to appear, in writing, whether
1429	it intends to proceed with the order to appear. If the
1430	department notifies the person ordered to appear of its intent
1431	to proceed, the notice must inform the person ordered to appear
1432	of the right to contest the order at an administrative hearing.
1433	(b)  Following an informal review, within 15 days after the
1434	mailing date of the Department of Revenue's notification that
1435	the department shall proceed with an order to appear for genetic
1436	testing, the person ordered to appear may file a request for an
1437	administrative hearing to contest whether the person should be
1438	required to submit to genetic testing. A request for an
1439	administrative hearing must state the specific reasons why the
1440	person ordered to appear believes he or she should not be
1441	required to submit to genetic testing as ordered. If the person
1442	ordered to appear files a timely request for a hearing, the
1443	department shall refer the hearing request to the Division of
1444	Administrative Hearings. Unless otherwise provided in this
1445	section, administrative hearings are governed by chapter 120 and
1446	the uniform rules of procedure. The administrative law judge
1447	assigned to the case shall issue an order as to whether the
1448	person must submit to genetic testing in accordance with the
1449	order to appear. The department or the person ordered to appear
1450	may seek immediate judicial review under s. 120.68 of an order
1451	issued by an administrative law judge pursuant to this
1452	paragraph.
1453	(c)  If a timely request for an informal review or an
1454	administrative hearing is filed, the department may not proceed
1455	under the order to appear for genetic testing and may not impose
1456	sanctions for failure or refusal to submit to genetic testing
1457	until:
1458	1.  The department has notified the person of its intent to
1459	proceed after informal review, and a timely request for hearing
1460	is not filed;
1461	2.  The person ordered to appear withdraws the request for
1462	hearing or informal review; or
1463	3.  The Division of Administrative Hearings issues an order
1464	that the person must submit to genetic testing, or issues an
1465	order closing the division's file, and that an order has become
1466	final.
1467	(d)  If a request for an informal review or administrative
1468	hearing is not timely filed, the person ordered to appear is
1469	deemed to have waived the right to a hearing and the department
1470	may proceed under the order to appear for genetic testing.
1471	(6)  SCHEDULING OF GENETIC TESTING.--
1472	(a)  The Department of Revenue shall notify, in writing,
1473	the person ordered to appear of the date, time, and location of
1474	the appointment for genetic testing and of the requirement to
1475	verify his or her identity and the identity of the child, if
1476	applicable, when the samples are provided by presenting a form
1477	of identification as prescribed in s. 117.05(5)(b)2. that bears
1478	the photograph of the person who is providing the sample or
1479	other form of verification approved by the department. If the
1480	person ordered to appear is the putative father or the mother,
1481	that person shall appear and submit to genetic testing. If the
1482	person ordered to appear is a custodian, or if the putative
1483	father or the mother has custody of the child, that person must
1484	submit the child for genetic testing.
1485	(b)  The department shall reschedule genetic testing:
1486	1.  One time without cause if, in advance of the initial
1487	test date, the person ordered to appear requests the department
1488	to reschedule the test.
1489	2.  One time if the person ordered to appear shows good
1490	cause for failure to appear for a scheduled test.
1491	3.  One time upon request of a person ordered to appear
1492	against whom sanctions have been imposed as provided in
1493	subsection (7).
1494
1495	A claim of good cause for failure to appear shall be filed with
1496	the department within 10 days after the scheduled test date and
1497	must state the facts and circumstances supporting the claim. The
1498	department shall notify the person ordered to appear, in
1499	writing, whether it accepts or rejects the person's claim of
1500	good cause. There is not a separate right to a hearing on the
1501	department's decision to accept or reject the claim of good
1502	cause because the person ordered to appear may raise good cause
1503	as a defense to any proceeding initiated by the department under
1504	subsection (7).
1505	(c)  A person ordered to appear may obtain a second genetic
1506	test by filing a written request for a second test with the
1507	department within 15 days after the date of mailing of the
1508	initial genetic testing results and by paying the department in
1509	advance for the full cost of the second test.
1510	(d)  The department may schedule and require a subsequent
1511	genetic test if it has reason to believe the results of the
1512	preceding genetic test may not be reliable.
1513	(e)  Except as provided in paragraph (c) and subsection
1514	(7), the department shall pay for the cost of genetic testing
1515	ordered under this section.
1516	(7)  FAILURE OR REFUSAL TO SUBMIT TO GENETIC TESTING.--If a
1517	person who is served with an order to appear for genetic testing
1518	fails to appear without good cause or refuses to submit to
1519	testing without good cause, the department may take one or more
1520	of the following actions:
1521	(a)  Commence a proceeding to suspend the driver's license
1522	and motor vehicle registration of the person ordered to appear,
1523	as provided in s. 61.13016;
1524	(b)  Impose an administrative fine against the person
1525	ordered to appear in the amount of $500; or
1526	(c)  File a petition in circuit court to establish
1527	paternity, obtain a support order for the child, and seek
1528	reimbursement from the person ordered to appear for the full
1529	cost of genetic testing incurred by the department.
1530
1531	As provided in s. 322.058(2), a suspended driver's license and
1532	motor vehicle registration may be reinstated when the person
1533	ordered to appear complies with the order to appear for genetic
1534	testing. The department may collect an administrative fine
1535	imposed under this subsection by using civil remedies or other
1536	statutory means available to the department for collecting
1537	support.
1538	(8)  GENETIC-TESTING RESULTS.--The department shall send a
1539	copy of the genetic-testing results to the putative father, to
1540	the mother, to the custodian, and to the other state, if
1541	applicable. If the genetic-testing results, including second or
1542	subsequent genetic-testing results, do not indicate a
1543	statistical probability of paternity that equals or exceeds 99
1544	percent, the paternity proceeding in connection with that child
1545	shall cease.
1546	(9)  PROPOSED ORDER OF PATERNITY; COMMENCEMENT OF
1547	PROCEEDING TO ESTABLISH ADMINISTRATIVE SUPPORT ORDER; PROPOSED
1548	ORDER OF PATERNITY AND CHILD SUPPORT.--
1549	(a)  If a paternity proceeding has been commenced under
1550	this section and the results of genetic testing indicate a
1551	statistical probability of paternity that equals or exceeds 99
1552	percent, the Department of Revenue may:
1553	1.  Issue a proposed order of paternity as provided in
1554	paragraph (b); or
1555	2.  If appropriate, delay issuing a proposed order of
1556	paternity and commence, by regular mail, an administrative
1557	proceeding to establish a support order for the child pursuant
1558	to s. 409.2563 and issue a single proposed order that addresses
1559	paternity and child support.
1560	(b)  A proposed order of paternity must:
1561	1.  State proposed findings of fact and conclusions of law.
1562	2.  Include a copy of the results of genetic testing.
1563	3.  Include notice of the respondent's right to informal
1564	review and to contest the proposed order of paternity at an
1565	administrative hearing.
1566	(c)  If a paternity and child support proceeding has been
1567	commenced under this section and the results of genetic testing
1568	indicate a statistical probability of paternity that equals or
1569	exceeds 99 percent, the Department of Revenue may issue a single
1570	proposed order that addresses paternity as provided in this
1571	section and child support as provided in s. 409.2563.
1572	(d)  The Department of Revenue shall serve a proposed order
1573	issued under this section on the respondent by regular mail and
1574	shall provide a copy by regular mail to the mother or custodian
1575	if they are not respondents.
1576	(10)  INFORMAL REVIEW; ADMINISTRATIVE HEARING; PRESUMPTION
1577	OF PATERNITY.--
1578	(a)  Within 10 days after the date of mailing or other
1579	service of a proposed order, the respondent may contact a
1580	representative of the Department of Revenue at the address or
1581	telephone number provided to request an informal review of the
1582	proposed order. If an informal review is timely requested, the
1583	time for requesting a hearing is extended until 10 days after
1584	the department mails notice to the respondent that the informal
1585	review has been concluded.
1586	(b)  Within 20 days after the mailing date of the proposed
1587	order or within 10 days after the mailing date of notice that an
1588	informal review has been concluded, whichever is later, the
1589	respondent may request an administrative hearing by filing a
1590	written request for a hearing with the Department of Revenue. A
1591	request for a hearing must state the specific objections to the
1592	proposed order, the specific objections to the genetic testing
1593	results, or both. A respondent who fails to file a timely
1594	request for a hearing is deemed to have waived the right to a
1595	hearing.
1596	(c)  If the respondent files a timely request for a
1597	hearing, the Department of Revenue shall refer the hearing
1598	request to the Division of Administrative Hearings. Unless
1599	otherwise provided in this section or in s. 409.2563, chapter
1600	120 and the uniform rules of procedure govern the conduct of the
1601	proceedings.
1602	(d)  The genetic-testing results shall be admitted into
1603	evidence and made a part of the hearing record. For purposes of
1604	this section, a statistical probability of paternity that equals
1605	or exceeds 99 percent creates a presumption, as defined in s.
1606	90.304, that the putative father is the biological father of the
1607	child. The presumption may be overcome only by clear and
1608	convincing evidence. The respondent or the Department of Revenue
1609	may call an expert witness to refute or support the testing
1610	procedure or results or the mathematical theory on which they
1611	are based. Verified documentation of the chain of custody of the
1612	samples tested is competent evidence to establish the chain of
1613	custody.
1614	(11)  FINAL ORDER ESTABLISHING PATERNITY OR PATERNITY AND
1615	CHILD SUPPORT; CONSENT ORDER; NOTICE TO OFFICE OF VITAL
1616	STATISTICS.--
1617	(a)  If a hearing is held, the administrative law judge of
1618	the Division of Administrative Hearings shall issue a final
1619	order that adjudicates paternity or, if appropriate, paternity
1620	and child support. A final order of the administrative law judge
1621	constitutes final agency action by the Department of Revenue.
1622	The Division of Administrative Hearings shall transmit any such
1623	order to the department for filing and rendering.
1624	(b)  If the respondent does not file a timely request for a
1625	hearing or consents in writing to entry of a final order without
1626	a hearing, the Department of Revenue may render a final order of
1627	paternity or a final order of paternity and child support, as
1628	appropriate.
1629	(c)  The Department of Revenue shall mail a copy of the
1630	final order to the putative father, the mother, and the
1631	custodian, if any. The department shall notify the respondent of
1632	the right to seek judicial review of a final order in accordance
1633	with s. 120.68.
1634	(d)  Upon rendering a final order of paternity or a final
1635	order of paternity and child support, the Department of Revenue
1636	shall notify the Division of Vital Statistics of the Department
1637	of Health that the paternity of the child has been established.
1638	(e)  A final order rendered pursuant to this section has
1639	the same effect as a judgment entered by the court pursuant to
1640	chapter 742.
1641	(f)  The provisions of s. 409.2563 that apply to a final
1642	administrative support order rendered under that section apply
1643	to a final order rendered under this section when a child
1644	support obligation is established.
1645	(12)  RIGHT TO JUDICIAL REVIEW.--A respondent has the right
1646	to seek judicial review, in accordance with s. 120.68, of a
1647	final order rendered under subsection (11) and an order issued
1648	under paragraph (5)(b). The Department of Revenue has the right
1649	to seek judicial review, in accordance with s. 120.68, of a
1650	final order issued by an administrative law judge under
1651	subsection (11) and an order issued by an administrative law
1652	judge under paragraph (5)(b).
1653	(13)  DUTY TO PROVIDE AND MAINTAIN CURRENT MAILING
1654	ADDRESS.--Until a proceeding that has been commenced under this
1655	section has ended, a respondent who is served with a notice of
1656	proceeding must inform the Department of Revenue in writing of
1657	any change in the respondent's mailing address and is deemed to
1658	have received any subsequent order, notice, or other paper
1659	mailed to that address, or the address at which the respondent
1660	was served, if the respondent has not provided a more recent
1661	address.
1662	(14)  PROCEEDINGS IN CIRCUIT COURT.--The results of genetic
1663	testing performed pursuant to this section are admissible as
1664	evidence to the same extent as scientific testing ordered by the
1665	court pursuant to chapter 742.
1666	(15)  GENDER NEUTRAL.--This section shall be construed
1667	impartially, regardless of a person's gender, and applies with
1668	equal force to the mother of a child whose paternity has not
1669	been established and is not presumed by law.
1670	(16)  REMEDIES SUPPLEMENTAL.--The remedies provided in this
1671	section are supplemental and in addition to other remedies
1672	available to the department for the establishment of paternity
1673	and child support obligations.
1674	(17)  RULEMAKING AUTHORITY.--The department may adopt rules
1675	to implement this section.
1676	Section 25.  Effective July 1, 2005, subsection (4) of
1677	section 409.2561, Florida Statutes, is amended to read:
1678	409.2561  Support obligations when public assistance is
1679	paid; assignment of rights; subrogation; medical and health
1680	insurance information.--
1681	(4)  No obligation of support under this section shall be
1682	incurred by any person who is the recipient of supplemental
1683	security income or temporary cash assistance public assistance
1684	moneys for the benefit of a dependent child or who is
1685	incapacitated and financially unable to pay as determined by the
1686	department.
1687	Section 26.  Effective January 1, 2006, paragraphs (b) and
1688	(c) of subsection (2) of section 409.2563, Florida Statutes, are
1689	amended to read:
1690	409.2563  Administrative establishment of child support
1691	obligations.--
1692	(2)  PURPOSE AND SCOPE.--
1693	(b)  The administrative procedure set forth in this section
1694	concerns only the establishment of child support obligations.
1695	This section does not grant jurisdiction to the department or
1696	the Division of Administrative Hearings to hear or determine
1697	issues of dissolution of marriage, separation, alimony or
1698	spousal support, termination of parental rights, dependency,
1699	disputed paternity, except for a determination of paternity as
1700	provided in s. 409.256, award of or change of custody, or
1701	visitation. This paragraph notwithstanding, the department and
1702	the Division of Administrative Hearings may make findings of
1703	fact that are necessary for a proper determination of a
1704	noncustodial parent's support obligation as authorized by this
1705	section.
1706	(c)  If there is no support order for a child in a Title
1707	IV-D case whose paternity has been established or is presumed by
1708	law, or whose paternity is the subject of a proceeding under s.
1709	409.256, the department may establish the noncustodial parent's
1710	child support obligation pursuant to this section, s. 61.30, and
1711	other relevant provisions of state law. The noncustodial
1712	parent's obligation determined by the department may include any
1713	obligation to pay retroactive support and any obligation to
1714	provide for health care for a child, whether through insurance
1715	coverage, reimbursement of expenses, or both. The department may
1716	proceed on behalf of:
1717	1.  An applicant or recipient of public assistance, as
1718	provided by ss. 409.2561 and 409.2567;
1719	2.  A former recipient of public assistance, as provided by
1720	s. 409.2569;
1721	3.  An individual who has applied for services as provided
1722	by s. 409.2567;
1723	4.  Itself or the child, as provided by s. 409.2561; or
1724	5.  A state or local government of another state, as
1725	provided by chapter 88.
1726	Section 27.  Section 409.25635, Florida Statutes, is
1727	created to read:
1728	409.25635  Determination and collection of noncovered
1729	medical expenses.--
1730	(1)  DEFINITION.--As used in this section, "noncovered
1731	medical expenses" means uninsured medical, dental, or
1732	prescription medication expenses that are ordered to be paid on
1733	behalf of a child as provided in s. 61.13(1)(b) or a similar law
1734	of another state.
1735	(2)  PROCEEDING TO DETERMINE AMOUNT OWED FOR NONCOVERED
1736	MEDICAL EXPENSES.--In a Title IV-D case, the Department of
1737	Revenue may proceed under this section to determine the amount
1738	owed by an obligor for noncovered medical expenses if:
1739	(a)  The obligor is subject to a support order that
1740	requires the obligor to pay all or part of a child's noncovered
1741	medical expenses.
1742	(b)  The obligee provides the department with a written
1743	declaration under penalty of perjury that states:
1744	1.  Noncovered medical expenses have been incurred on
1745	behalf of the dependent child whom the obligor has been ordered
1746	to support.
1747	2.  The obligee has paid for noncovered medical expenses
1748	that have been incurred on behalf of the child.
1749	3.  The obligor has not paid all or part of the child's
1750	noncovered medical expenses as ordered.
1751	4.  The amount paid by the obligee for noncovered medical
1752	expenses and the amount the obligor allegedly owes to the
1753	obligee.
1754	(c)  The obligee provides documentation in support of the
1755	written declaration.
1756	(3)  NOTICE OF PROCEEDING.--
1757	(a)  To proceed under this section, the Department of
1758	Revenue shall serve a notice on the obligor that states:
1759	1.  That the department has commenced a proceeding to
1760	determine the amount the obligor owes for noncovered medical
1761	expenses.
1762	2.  The name of the court or other tribunal that issued the
1763	support order that requires the obligor to pay noncovered
1764	medical expenses and the date of the order.
1765	3.  That the proceeding is based on the requirements of the
1766	support order, the obligee's written sworn statement, and the
1767	supporting documentation provided to the department by the
1768	obligee.
1769	4.  The amount of noncovered medical expenses that the
1770	obligee alleges the obligor owes.
1771	5.  If the support order was entered by a court of this
1772	state or a tribunal of another state, that the obligor may file
1773	a motion in the circuit court to contest the amount of
1774	noncovered medical expenses owed within 25 days after the date
1775	of mailing of the notice or, if the support order was entered by
1776	the department, that the obligor may file with the department a
1777	petition to contest within 25 days after the date of mailing of
1778	the notice.
1779	6.  If the support order was entered by a court of this
1780	state or a tribunal of another state, that the court shall
1781	determine the amount owed by the obligor and enter judgment as
1782	appropriate if the obligor timely files a motion in the circuit
1783	court to contest the amount of noncovered medical expenses owed
1784	or, if the support order was entered by the department, the
1785	department shall determine the amount owed by the obligor and
1786	render a final order as appropriate if the obligor timely files
1787	with the department a petition to contest the amount of
1788	noncovered medical expenses owed.
1789	7.  If the obligor does not timely file a motion or
1790	petition to contest the amount alleged to be owed, that the
1791	obligor shall owe the amount alleged in the notice.
1792	8.  If an amount owed is determined after a hearing or
1793	becomes final because the obligor does not file a timely motion
1794	or petition to contest, the department shall begin collection
1795	action.
1796	(b)  The notice shall be served on the obligor by regular
1797	mail that is sent to the obligor's address of record according
1798	to the clerk of the court or according to the Department of
1799	Revenue if the support order was entered by the department or to
1800	a more recent address if known. A copy of the obligee's written
1801	declaration and supporting documentation must be served on the
1802	obligor with the notice. The department shall provide the
1803	obligee with a copy of the notice and with any subsequent notice
1804	of hearing.
1805	(4)  RIGHT TO HEARING; DETERMINATION AFTER HEARING; WAIVER
1806	OF HEARING.--
1807	(a)  Within 25 days after the date the notice required by
1808	subsection (3) is mailed, if the support order was entered by a
1809	court of this state or a tribunal of another state, the obligor
1810	may file a motion in the circuit court to contest the amount of
1811	noncovered medical expenses owed. If a timely motion is filed,
1812	the court shall determine after a hearing whether the obligor
1813	owes the obligee the amount alleged for noncovered medical
1814	expenses and enter a judgment, as appropriate.
1815	(b)  Within 25 days after the date the notice required by
1816	subsection (3) is mailed, if the support order was entered by
1817	the Department of Revenue, the obligor may file with the
1818	department a petition to contest the amount of noncovered
1819	medical expenses owed. If a timely petition is filed, the
1820	department shall determine after a hearing pursuant to chapter
1821	120 whether the obligor owes the obligee for the amount alleged
1822	for noncovered medical expenses and render a final order, as
1823	appropriate.
1824	(c)  If the obligor does not timely file a motion or
1825	petition to contest, the amount owed as alleged in the notice
1826	becomes final and is legally enforceable.
1827	(5)  EFFECT OF DETERMINATION BY THE DEPARTMENT OF REVENUE
1828	AND UNCONTESTED PROCEEDINGS.--The amount owed for noncovered
1829	medical expenses that is determined by the Department of Revenue
1830	as provided in paragraph (4)(b) or that becomes final as
1831	provided in paragraph (4)(c) has the same effect as a judgment
1832	entered by a court.
1833	(6)  FILING WITH THE DEPOSITORY; RECORDING; MAINTENANCE OF
1834	ACCOUNTS.--When an amount owed for noncovered medical expenses
1835	is determined, the department shall file a certified copy of the
1836	final order or uncontested notice with the depository. Upon
1837	receipt of a final order or uncontested notice, the depository
1838	shall record the final order or uncontested notice in the same
1839	manner as a final judgment. The depository shall maintain
1840	necessary accounts to reflect obligations and payments for
1841	noncovered medical expenses.
1842	(7)  COLLECTION ACTION; ADMINISTRATIVE REMEDIES.--Any
1843	administrative remedy available for collection of support may be
1844	used to collect noncovered medical expenses that are determined
1845	or established under this section.
1846	(8)  SUPPLEMENTAL REMEDY.--This section provides a
1847	supplemental remedy for determining and enforcing noncovered
1848	medical expenses. As an alternative, the department or any other
1849	party may petition the circuit court for enforcement of
1850	noncovered medical expenses.
1851	(9)  RULEMAKING AUTHORITY.--The department may adopt rules
1852	to implement this section.
1853	Section 28.  Subsections (8) through (14) of section
1854	409.2564, Florida Statutes, are renumbered as subsections (7)
1855	through (13), respectively, and present subsection (7) is
1856	amended to read:
1857	409.2564  Actions for support.--
1858	(7)  In a judicial circuit with a work experience and job
1859	training pilot project, if the obligor is a noncustodial parent
1860	of a child receiving public assistance as defined in this
1861	chapter, is unemployed or underemployed or has no income, then
1862	the court shall order the obligor to seek employment, if the
1863	obligor is able to engage in employment, and to immediately
1864	notify the court upon obtaining employment, upon obtaining any
1865	income, or upon obtaining any ownership of any asset with a
1866	value of $500 or more. If the obligor is still unemployed 30
1867	days after any order for support, the court shall order the
1868	obligor to enroll in a work experience, job placement, and job
1869	training program.
1870	Section 29.  Effective January 1, 2006, subsection (4) of
1871	section 409.2564, Florida Statutes, is amended to read:
1872	409.2564  Actions for support.--
1873	(4)  Whenever the Department of Revenue has undertaken an
1874	action for enforcement of support, the Department of Revenue may
1875	enter into an agreement with the obligor for the entry of a
1876	judgment determining paternity, if applicable, and for periodic
1877	child support payments based on the child support guidelines in
1878	s. 61.30 obligor's reasonable ability to pay. Prior to entering
1879	into this agreement, the obligor shall be informed that a
1880	judgment will be entered based on the agreement. The clerk of
1881	the court shall file the agreement without the payment of any
1882	fees or charges, and the court, upon entry of the judgment,
1883	shall forward a copy of the judgment to the parties to the
1884	action. To encourage out-of-court settlement and promote support
1885	order compliance, if the obligor and the Department of Revenue
1886	agree on entry of a support order and its terms, the guideline
1887	amount owed for retroactive support that is permanently assigned
1888	to the state shall be reduced by 25 percent. In making a
1889	determination of the obligor's reasonable ability to pay and
1890	until guidelines are established for determining child support
1891	award amounts, the following criteria shall be considered:
1892	(a)  All earnings, income, and resources of the obligor.
1893	(b)  The ability of the obligor to earn.
1894	(c)  The reasonable necessities of the obligor.
1895	(d)  The needs of the dependent child for whom support is
1896	sought.
1897	Section 30.  Effective October 1, 2005, section 409.25645,
1898	Florida Statutes, is amended to read:
1899	409.25645  Administrative orders for genetic testing.--
1900	(1)  The Department of Revenue is authorized to use
1901	administrative orders to require genetic testing in Title IV-D
1902	cases. In such cases the department or an authorized agent may
1903	issue an administrative order to a putative father who has not
1904	voluntarily submitted to genetic testing, directing him to
1905	appear for a genetic test to determine the paternity of a child,
1906	provided that the department shall have no authority to issue
1907	such an order in the absence of an affidavit or written
1908	declaration as provided in s. 92.525(2) of the child's mother
1909	stating that the putative father is or may be a parent of the
1910	child. The administrative order shall state:
1911	(a)(1)  The type of genetic test that will be used.
1912	(b)(2)  The date, time, and place to appear for the genetic
1913	test, except as provided in subsection (3).
1914	(c)(3)  That upon failure to appear for the genetic test,
1915	or refusal to be tested, the department shall file a petition in
1916	circuit court to establish paternity and child support.
1917	(2)  A copy of the affidavit or written declaration which
1918	is the basis for the issuance of the administrative order shall
1919	be attached to the order. The administrative order is exempt
1920	from the hearing provisions in chapter 120, because the person
1921	to whom it is directed shall have an opportunity to object in
1922	circuit court in the event the Department of Revenue pursues the
1923	matter by filing a petition in circuit court. The department may
1924	serve the administrative order to appear for a genetic test by
1925	regular mail. In any case in which more than one putative father
1926	has been identified, the department may proceed under this
1927	section with respect to all putative fathers. If the department
1928	receives a request from another state Title IV-D agency to
1929	assist in the establishment of paternity, the department may
1930	cause an administrative order to appear for a genetic test to be
1931	served on a putative father who resides in Florida.
1932	(3)  If the putative father is incarcerated, the
1933	correctional facility shall assist the putative father in
1934	complying with the administrative order, whether issued under
1935	this section or s. 409.256.
1936	(4)  An administrative order for genetic testing has the
1937	same force and effect as a court order.
1938	Section 31.  Effective upon this act becoming a law,
1939	section 409.2567, Florida Statutes, is amended to read:
1940	409.2567  Services to individuals not otherwise
1941	eligible.--All support services provided by the department shall
1942	be made available on behalf of all dependent children. Services
1943	shall be provided upon acceptance of public assistance or upon
1944	proper application filed with the department. The department
1945	shall adopt rules to provide for the payment of a $25
1946	application fee from each applicant who is not a public
1947	assistance recipient. The application fee shall be deposited in
1948	the Child Support Enforcement Application and Program Revenue
1949	Trust Fund within the Department of Revenue to be used for the
1950	Child Support Enforcement Program. The obligor is responsible
1951	for all administrative costs, as defined in s. 409.2554. The
1952	court shall order payment of administrative costs without
1953	requiring the department to have a member of the bar testify or
1954	submit an affidavit as to the reasonableness of the costs. An
1955	attorney-client relationship exists only between the department
1956	and the legal services providers in Title IV-D cases. The
1957	attorney shall advise the obligee in Title IV-D cases that the
1958	attorney represents the agency and not the obligee. In Title IV-
1959	D cases, any costs, including filing fees, recording fees,
1960	mediation costs, service of process fees, and other expenses
1961	incurred by the clerk of the circuit court, shall be assessed
1962	only against the nonprevailing obligor after the court makes a
1963	determination of the nonprevailing obligor's ability to pay such
1964	costs and fees. In any case where the court does not award all
1965	costs, the court shall state in the record its reasons for not
1966	awarding the costs. The Department of Revenue shall not be
1967	considered a party for purposes of this section; however, fees
1968	may be assessed against the department pursuant to s. 57.105(1).
1969	The department shall submit a monthly report to the Governor and
1970	the chairs of the Health and Human Services Fiscal Committee of
1971	the House of Representatives and the Ways and Means Committee of
1972	the Senate specifying the funds identified for collection from
1973	the noncustodial parents of children receiving temporary
1974	assistance and the amounts actually collected. The Department of
1975	Revenue shall seek a waiver from the Secretary of the United
1976	States Department of Health and Human Services to authorize the
1977	Department of Revenue to provide services in accordance with
1978	Title IV-D of the Social Security Act to individuals who are
1979	owed support without need of an application. If the waiver is
1980	granted, the department shall adopt rules to implement the
1981	waiver and begin providing Title IV-D services if support
1982	payments are not being paid as ordered, except that the
1983	individual first must be given written notice of the right to
1984	refuse Title IV-D services and a reasonable opportunity to
1985	respond.
1986	Section 32.  Effective October 1, 2005, section 409.2567,
1987	Florida Statutes, as amended by this act, is amended to read:
1988	409.2567  Services to individuals not otherwise
1989	eligible.--All support services provided by the department shall
1990	be made available on behalf of all dependent children. Services
1991	shall be provided upon acceptance of public assistance or upon
1992	proper application filed with the department. The federally
1993	required application fee for individuals who do not receive
1994	public assistance is $1, which shall be waived for all
1995	applicants and paid by the department The department shall adopt
1996	rules to provide for the payment of a $25 application fee from
1997	each applicant who is not a public assistance recipient. The
1998	application fee shall be deposited in the Child Support
1999	Enforcement Application and Program Revenue Trust Fund within
2000	the Department of Revenue to be used for the Child Support
2001	Enforcement Program. The obligor is responsible for all
2002	administrative costs, as defined in s. 409.2554. The court shall
2003	order payment of administrative costs without requiring the
2004	department to have a member of the bar testify or submit an
2005	affidavit as to the reasonableness of the costs. An attorney-
2006	client relationship exists only between the department and the
2007	legal services providers in Title IV-D cases. The attorney shall
2008	advise the obligee in Title IV-D cases that the attorney
2009	represents the agency and not the obligee. In Title IV-D cases,
2010	any costs, including filing fees, recording fees, mediation
2011	costs, service of process fees, and other expenses incurred by
2012	the clerk of the circuit court, shall be assessed only against
2013	the nonprevailing obligor after the court makes a determination
2014	of the nonprevailing obligor's ability to pay such costs and
2015	fees. In any case where the court does not award all costs, the
2016	court shall state in the record its reasons for not awarding the
2017	costs. The Department of Revenue shall not be considered a party
2018	for purposes of this section; however, fees may be assessed
2019	against the department pursuant to s. 57.105(1). The department
2020	shall submit a monthly report to the Governor and the chairs of
2021	the Health and Human Services Fiscal Committee of the House of
2022	Representatives and the Ways and Means Committee of the Senate
2023	specifying the funds identified for collection from the
2024	noncustodial parents of children receiving temporary assistance
2025	and the amounts actually collected. The Department of Revenue
2026	shall seek a waiver from the Secretary of the United States
2027	Department of Health and Human Services to authorize the
2028	Department of Revenue to provide services in accordance with
2029	Title IV-D of the Social Security Act to individuals who are
2030	owed support without need of an application. If the waiver is
2031	granted, the Department of Revenue shall adopt rules to
2032	implement the waiver and begin providing Title IV-D services if
2033	support payments are not being paid as ordered, except that the
2034	individual first must be given written notice of the right to
2035	refuse Title IV-D services and a reasonable opportunity to
2036	respond.
2037	Section 33.  Section 409.2598, Florida Statutes, is amended
2038	to read:
2039	409.2598  License suspension proceeding to enforce support
2040	order Suspension or denial of new or renewal licenses;
2041	registrations; certifications.--
2042	(1)  DEFINITIONS.--As used in this section, the term:
2043	(a)  "License" means a license, permit, certificate,
2044	registration, franchise, or other form of written permission
2045	issued by a licensing agency to an individual which authorizes
2046	the individual to engage in an occupation, business, trade, or
2047	profession or to engage in a recreational activity, including
2048	hunting or fishing. Where the context permits, the term also
2049	includes an application for a new or renewal license.
2050	(b)  "Licensee" means an individual who has a license.
2051	(c)  "Licensing agency" means a department, commission,
2052	agency, district, county, municipality, or other subdivision of
2053	state or local government which issues licenses.
2054	(2)  NOTICE OF NONCOMPLIANCE AND INTENT TO SUSPEND
2055	LICENSE.--If a support order has not been complied with for at
2056	least 30 days, the Department of Revenue may commence a license
2057	suspension proceeding to enforce compliance with the support
2058	order by providing written notice to the obligor that states:
2059	(a)  That the obligor is not in compliance with the support
2060	order and whether the noncompliance is due to the obligor's
2061	nonpayment of current support, delinquencies or arrears, or the
2062	failure to provide health care coverage or medical support.
2063	(b)  The kind of license that is subject to suspension.
2064	(c)  That the obligor may avoid license suspension by
2065	complying with the support order or entering into a written
2066	agreement with the department within 30 days after the mailing
2067	of the notice.
2068	(d)  If the obligor timely complies with the support order
2069	or a written agreement entered into with the department, the
2070	proceeding ends and the obligor's license is not suspended.
2071	(e)  That the obligor may contest license suspension by
2072	filing a petition in circuit court within 30 days after the
2073	mailing of the notice of noncompliance.
2074	(f)  If the obligor timely files a petition in circuit
2075	court, that the license suspension proceeding is stayed pending
2076	a ruling by the court.
2077
2078	The notice shall be served on the obligor by regular mail sent
2079	to the obligor's last address of record with the local
2080	depository or a more recent address if known, which may include
2081	the obligor's mailing address as reflected by the records of the
2082	licensing agency.
2083	(3)  HEARING; STAY OF PROCEEDING.--The obligor may contest
2084	license suspension by filing a petition in circuit court within
2085	30 days after the mailing of the notice of noncompliance and
2086	serving a copy of the petition on the Department of Revenue. If
2087	the obligor timely files a petition in circuit court, the
2088	license suspension proceeding is stayed pending a ruling by the
2089	court. The obligor may contest on the basis of a mistake of fact
2090	concerning the obligor's compliance with the support order, the
2091	reasonableness of a payment agreement offered by the department,
2092	or the identity of the obligor. A timely petition to contest
2093	must be heard by the court within 15 days after the petition is
2094	filed. The court must enter an order ruling on the matter within
2095	10 days after the hearing and a copy of the order must be served
2096	on the parties.
2097	(4)  COMPLIANCE; REINSTATEMENT.--
2098	(a)  If the obligor complies with the support order or a
2099	written agreement entered into with the department after a
2100	proceeding is commenced but before the obligor's license is
2101	suspended, the proceeding shall cease and the obligor's license
2102	may not be suspended. If the obligor subsequently does not
2103	comply with the support order, the department may commence a new
2104	proceeding or proceed as provided in paragraph (c) if the
2105	obligor enters into a written agreement and does not comply with
2106	the agreement.
2107	(b)  If the obligor complies with the support order or a
2108	written agreement entered into with the department after the
2109	obligor's license is suspended, the department shall provide the
2110	obligor with a reinstatement notice and the licensing agency
2111	shall reinstate the obligor's license at no additional charge to
2112	the obligor.
2113	(c)  If the obligor enters into a written agreement with
2114	the department and does not comply with the agreement, the
2115	department shall notify the licensing agency to suspend the
2116	obligor's license unless the obligor notifies the department
2117	that the obligor can no longer comply with the written
2118	agreement. If the obligor notifies the department of the
2119	inability to comply with the written agreement, the obligor
2120	shall provide full disclosure to the department of the obligor's
2121	income, assets, and employment. If after full disclosure the
2122	written agreement cannot be renegotiated, the department or the
2123	obligor may file a petition in circuit court to determine the
2124	matter.
2125	(d)  A licensing agency shall promptly reinstate the
2126	obligor's license upon receipt of a court order for
2127	reinstatement.
2128	(e)  Notwithstanding any other statutory provision, a
2129	notice from the court or the department shall reinstate to the
2130	obligor all licenses established in chapters 370 and 372 that
2131	were valid at the time of suspension.
2132	(5)  NOTICE TO LICENSING AGENCY; SUSPENSION.--
2133	(a)  The Department of Revenue shall notify the licensing
2134	agency to suspend the obligor's license when:
2135	1.  Thirty or more days have elapsed after a proceeding has
2136	been commenced and the obligor has not complied with the support
2137	order or a written agreement entered into with the department or
2138	filed a timely petition to contest license suspension in circuit
2139	court;
2140	2.  The obligor enters into a written agreement with the
2141	department and does not comply with the agreement, unless the
2142	obligor notifies the department that the obligor can no longer
2143	comply with the agreement; or
2144	3.  The department is ordered to do so by the circuit
2145	court.
2146	(b)  Upon notice by the department or the circuit court,
2147	the licensing agency shall suspend the obligor's license and may
2148	only reinstate the license upon further notice by the department
2149	or the court.
2150	(6)  ENFORCEMENT OF SUBPOENAS.--A license may be suspended
2151	under this section to enforce compliance with a subpoena, order
2152	to appear, order to show cause, or similar order in a child
2153	support or paternity proceeding by using the same procedures as
2154	those used for enforcing compliance with a support order.
2155	(7)  MULTIPLE LICENSES.--The Department of Revenue may
2156	combine a proceeding under this section with a proceeding to
2157	suspend a driver's license under s. 61.13016. A proceeding to
2158	suspend a license under this section may apply to one or more of
2159	the obligor's licenses.
2160	(8)  RULEMAKING AUTHORITY.--The Department of Revenue may
2161	adopt rules to implement and enforce the requirements of this
2162	section.
2163	(2)  The Title IV-D agency may petition the court that
2164	entered the support order or the court that is enforcing the
2165	support order to deny or suspend the license of any obligor with
2166	a delinquent support obligation or who fails, after receiving
2167	appropriate notice, to comply with subpoenas, orders to appear,
2168	orders to show cause, or similar orders relating to paternity or
2169	support proceedings. However, a petition may not be filed until
2170	the Title IV-D agency has exhausted all other available
2171	remedies. The purpose of this section is to promote the public
2172	policy of the state as established in s. 409.2551.
2173	(3)  The Title IV-D agency shall give notice to any obligor
2174	who is an applicant for a new or renewal license or the holder
2175	of a current license when a delinquency exists in the support
2176	obligation or when an obligor has failed to comply with a
2177	subpoena, order to appear, order to show cause, or similar order
2178	relating to paternity or support proceeding. The notice shall
2179	specify that the obligor has 30 days from the date of mailing of
2180	the notice to pay the delinquency or to reach an agreement to
2181	pay the delinquency with the Title IV-D agency or comply with
2182	the subpoena, order to appear, order to show cause, or similar
2183	order. The notice shall specify that, if payment is not made or
2184	an agreement cannot be reached, or if the subpoena, order to
2185	appear, order to show cause, or similar order is not complied
2186	with, the application may be denied or the license may be
2187	suspended pursuant to a court order.
2188	(4)  If the obligor fails to pay the delinquency or enter
2189	into a repayment agreement with the department or comply with
2190	the subpoena, order to appear, order to show cause, or similar
2191	order within 30 days following completion of service of the
2192	notice, the Title IV-D agency shall send a second notice to the
2193	obligor stating that the obligor has 30 days to pay the
2194	delinquency or reach an agreement to pay the delinquency with
2195	the Title IV-D agency or comply with the subpoena, order to
2196	appear, order to show cause, or similar order. If the obligor
2197	fails to respond to either notice from the Title IV-D agency or
2198	if the obligor fails to pay the delinquency or reach an
2199	agreement to pay the delinquency or comply with the subpoena,
2200	order to appear, order to show cause, or similar order after the
2201	second notice, the Title IV-D agency may petition the court
2202	which entered the support order or the court which is enforcing
2203	the support order to deny the application for the license or to
2204	suspend the license of the obligor. However, no petition may be
2205	filed until the Title IV-D agency has exhausted all other
2206	available remedies. The court may find that it would be
2207	inappropriate to deny a license or suspend a license if:
2208	(a)  Denial or suspension would result in irreparable harm
2209	to the obligor or employees of the obligor or would not
2210	accomplish the objective of collecting the delinquency; or
2211	(b)  The obligor demonstrates that he or she has made a
2212	good faith effort to reach an agreement with the Title IV-D
2213	agency.
2214
2215	The court may not deny or suspend a license if the court
2216	determines that an alternative remedy is available to the Title
2217	IV-D agency which is likely to accomplish the objective of
2218	collecting the delinquency or obtaining compliance with the
2219	subpoena, order to appear, order to show cause, or similar
2220	order. If the obligor fails in the defense of a petition for
2221	denial or suspension, the court which entered the support order
2222	or the court which is enforcing the support order shall enter an
2223	order to deny the application for the license or to suspend the
2224	license of the obligor. The court shall order the obligor to
2225	surrender the license to the Title IV-D agency, which will
2226	return the license and a copy of the order of suspension to the
2227	appropriate licensing agency.
2228	(5)  If the court denies or suspends a license and the
2229	obligor subsequently pays the delinquency or reaches an
2230	agreement with the Title IV-D agency to settle the delinquency
2231	and makes the first payment required by the agreement, or
2232	complies with the subpoena, order to appear, order to show
2233	cause, or similar order, the license shall be issued or
2234	reinstated upon written proof to the court that the obligor has
2235	complied with the terms of the court order, subpoena, order to
2236	appear, order to show cause, or similar order. Proof of payment
2237	shall consist of a certified copy of the payment record issued
2238	by the depository. The court shall order the appropriate
2239	licensing agency to issue or reinstate the license without
2240	additional charge to the obligor.
2241	(6)  The licensing agency shall, when directed by the
2242	court, suspend or deny the license of any licensee under its
2243	jurisdiction found to have a delinquent support obligation or
2244	not to be in compliance with a subpoena, order to appear, order
2245	to show cause, or similar order. The licensing agency shall
2246	issue or reinstate the license without additional charge to the
2247	licensee when notified by the court that the licensee has
2248	complied with the terms of the court order, or subpoena, order
2249	to appear, order to show cause, or similar order.
2250	(7)  Notice shall be served under this section by regular
2251	mail to the obligor at his or her last address of record with
2252	the local depository or a more recent address if known.
2253	Section 34.  Effective upon this act becoming a law,
2254	section 409.259, Florida Statutes, is amended to read:
2255	409.259  Filing fees in Title IV-D cases; electronic filing
2256	of pleadings, returns of service, and other papers.--
2257	(1)  Notwithstanding s. 28.241, each clerk of the circuit
2258	court shall accept petitions, complaints, and motions filed by
2259	the department in Title IV-D cases without billing the
2260	department separately for each filing, as long as the clerk is
2261	being reimbursed in a different manner for expenses incurred in
2262	such filings under the cooperative agreement with the department
2263	pursuant to ss. 61.181(1) and 61.1826(2) and (4).
2264	(2)  Notwithstanding subsection (1), the department shall
2265	continue to be entitled to the other necessary services of the
2266	clerk of court in any proceedings under the IV-D program as
2267	authorized under s. 409.2571.
2268	(3)  The Supreme Court, clerks of the circuit court, chief
2269	judges, sheriffs, Office of the Attorney General, Office of the
2270	State Courts Administrator, and Department of Revenue shall work
2271	cooperatively to implement electronic filing of pleadings,
2272	returns of service, and other papers with the clerks of the
2273	circuit court in Title IV-D cases by October 1, 2009.
2274	Section 35.  Effective October 1, 2005, section 409.821,
2275	Florida Statutes, is amended to read:
2276	409.821  Florida Kidcare program public records
2277	exemption.--Notwithstanding any other law to the contrary, any
2278	information identifying a Florida Kidcare program applicant or
2279	enrollee, as defined in s. 409.811, held by the Agency for
2280	Health Care Administration, the Department of Children and
2281	Family Services, the Department of Health, or the Florida
2282	Healthy Kids Corporation is confidential and exempt from s.
2283	119.07(1) and s. 24(a), Art. I of the State Constitution. Such
2284	information may be disclosed to another governmental entity only
2285	if disclosure is necessary for the entity to perform its duties
2286	and responsibilities under the Florida Kidcare program and shall
2287	be disclosed to the Department of Revenue for purposes of
2288	administering the state Title IV-D program. The receiving
2289	governmental entity must maintain the confidential and exempt
2290	status of such information. Furthermore, such information may
2291	not be released to any person without the written consent of the
2292	program applicant. This exemption applies to any information
2293	identifying a Florida Kidcare program applicant or enrollee held
2294	by the Agency for Health Care Administration, the Department of
2295	Children and Family Services, the Department of Health, or the
2296	Florida Healthy Kids Corporation before, on, or after the
2297	effective date of this exemption. A violation of this section is
2298	a misdemeanor of the second degree, punishable as provided in s.
2299	775.082 or s. 775.083.
2300	Section 36.  Effective October 1, 2005, paragraph (a) of
2301	subsection (5) of section 414.065, Florida Statutes, is amended
2302	to read:
2303	414.065  Noncompliance with work requirements.--
2304	(5)  WORK ACTIVITY REQUIREMENTS FOR NONCUSTODIAL PARENTS.--
2305	(a)  The court may order a noncustodial parent who is
2306	delinquent in support payments, pursuant to the terms of a
2307	support order as defined in s. 61.046, to participate in work
2308	activities under this chapter, or as provided in s. 61.14(5)(b),
2309	so that the parent may obtain employment and fulfill the
2310	obligation to provide support payments. A noncustodial parent
2311	who fails to satisfactorily engage in court-ordered work
2312	activities may be held in contempt.
2313	Section 37.  Effective July 1, 2006, subsections (1) and
2314	(3) of section 443.051, Florida Statutes, are amended to read:
2315	443.051  Benefits not alienable; exception, child support
2316	intercept.--
2317	(1)  DEFINITIONS.--As used in this section:
2318	(a)  "Unemployment compensation" means any compensation
2319	payable under state law, including amounts payable pursuant to
2320	an agreement under any federal law providing for compensation,
2321	assistance, or allowances for unemployment.
2322	(b)  "Support obligations" includes only those obligations
2323	that are being enforced under a plan described in s. 454 of the
2324	Social Security Act which has been approved by the Secretary of
2325	Health and Human Services under Part D of Title IV of the Social
2326	Security Act. Support obligations include any legally required
2327	payments to reduce delinquencies, arrearages, or retroactive
2328	support.
2329	(c)  "Support order" means a judgment, decree, or order,
2330	whether temporary or final, issued by a court of competent
2331	jurisdiction or administrative agency for the support and
2332	maintenance of a child that provides for monetary support,
2333	health care, arrearages, or past support. When the child support
2334	obligation is being enforced by the Department of Revenue, the
2335	term "support order" also means a judgment, decree, or order,
2336	whether temporary or final, issued by a court of competent
2337	jurisdiction for the support and maintenance of a child and the
2338	spouse or former spouse of the obligor with whom the child is
2339	living that provides for monetary support, health care,
2340	arrearages, or past support.
2341	(3)  EXCEPTION, SUPPORT INTERCEPT.--
2342	(a)  Each individual filing a new claim for unemployment
2343	compensation must disclose at the time of filing the claim
2344	whether she or he owes support obligations that are being
2345	enforced by the Department of Revenue. If an applicant discloses
2346	that she or he owes support obligations and she or he is
2347	determined to be eligible for unemployment compensation
2348	benefits, the Agency for Workforce Innovation shall notify the
2349	Department of Revenue if the department is enforcing the support
2350	obligation. The Department of Revenue shall, at least biweekly,
2351	provide the Agency for Workforce Innovation with a magnetic tape
2352	or other electronic data file disclosing the individuals who owe
2353	support obligations and the amount of any legally required
2354	deductions.
2355	(b)  For support obligations established on or after July
2356	1, 2006, and for support obligations established before July 1,
2357	2006, when the support order does not address the withholding of
2358	unemployment compensation, the Agency for Workforce Innovation
2359	shall deduct and withhold 40 percent of the unemployment
2360	compensation otherwise payable to an individual disclosed under
2361	paragraph (a). If delinquencies, arrearages, or retroactive
2362	support are owed and repayment has not been ordered, the unpaid
2363	amounts are included in the support obligation and are subject
2364	to withholding. If the amount deducted exceeds the support
2365	obligation, the Department of Revenue shall promptly refund the
2366	amount of the excess deduction to the obligor. For support
2367	obligations in effect before July 1, 2006, if the support order
2368	addresses the withholding of unemployment compensation, the
2369	Agency for Workforce Innovation shall deduct and withhold the
2370	amount ordered by the court or administrative agency that issued
2371	the support order as disclosed by the Department of Revenue. The
2372	Agency for Workforce Innovation shall deduct and withhold from
2373	any unemployment compensation otherwise payable to an individual
2374	disclosed under paragraph (a) who owes support obligations:
2375	1.  The amount determined under an agreement submitted to
2376	the Agency for Workforce Innovation under s. 454(19)(B)(i) of
2377	the Social Security Act by the Department of Revenue;
2378	2.  The amount required to be deducted and withheld from
2379	unemployment compensation through legal process as defined in s.
2380	459 of the Social Security Act; or
2381	3.  The amount otherwise specified by the individual to the
2382	Agency for Workforce Innovation to be deducted and withheld
2383	under this section.
2384	(c)  The Agency for Workforce Innovation shall pay any
2385	amount deducted and withheld under paragraph (b) to the
2386	Department of Revenue.
2387	(d)  Any amount deducted and withheld under this subsection
2388	shall for all purposes be treated as if it were paid to the
2389	individual as unemployment compensation and paid by the
2390	individual to the Department of Revenue for support obligations.
2391	(e)  The Department of Revenue shall reimburse the Agency
2392	for Workforce Innovation for the administrative costs incurred
2393	by the agency under this subsection which are attributable to
2394	support obligations being enforced by the department.
2395	Section 38.  Effective July 1, 2006, subsection (9) of
2396	section 455.203, Florida Statutes, is amended to read:
2397	455.203  Department; powers and duties.--The department,
2398	for the boards under its jurisdiction, shall:
2399	(9)  Work cooperatively with the Department of Revenue to
2400	implement an automated method for periodically disclosing
2401	information relating to current licensees to the Department of
2402	Revenue. Allow applicants for new or renewal licenses and
2403	current licensees to be screened by the Title IV-D child support
2404	agency pursuant to s. 409.2598 to assure compliance with a
2405	support obligation. The purpose of this subsection is to promote
2406	the public policy of this state as established in s. 409.2551.
2407	The department shall, when directed by the court or the
2408	Department of Revenue pursuant to s. 409.2598, suspend or deny
2409	the license of any licensee found not to be in compliance with a
2410	support order, subpoena, order to show cause, or written
2411	agreement entered into by the licensee with the Department of
2412	Revenue to have a delinquent support obligation, as defined in
2413	s. 409.2554. The department shall issue or reinstate the license
2414	without additional charge to the licensee when notified by the
2415	court or the Department of Revenue that the licensee has
2416	complied with the terms of the support court order. The
2417	department shall not be held liable for any license denial or
2418	suspension resulting from the discharge of its duties under this
2419	subsection.
2420	Section 39.  Effective January 1, 2006, subsection (1) of
2421	section 742.10, Florida Statutes, is amended to read:
2422	742.10  Establishment of paternity for children born out of
2423	wedlock.--
2424	(1)  This chapter provides the primary jurisdiction and
2425	procedures for the determination of paternity for children born
2426	out of wedlock. When the establishment of paternity has been
2427	raised and determined within an adjudicatory hearing brought
2428	under the statutes governing inheritance, or dependency under
2429	workers' compensation or similar compensation programs, or when
2430	an affidavit acknowledging paternity or a stipulation of
2431	paternity is executed by both parties and filed with the clerk
2432	of the court, or when an affidavit, a notarized voluntary
2433	acknowledgment of paternity, or a voluntary acknowledgment of
2434	paternity that is witnessed by two individuals and signed under
2435	penalty of perjury as provided for in s. 382.013 or s. 382.016
2436	is executed by both parties, or when paternity is adjudicated by
2437	the Department of Revenue as provided in s. 409.256, such
2438	adjudication, affidavit, or acknowledgment constitutes it shall
2439	constitute the establishment of paternity for purposes of this
2440	chapter. If no adjudicatory proceeding was held, a notarized
2441	voluntary acknowledgment of paternity or voluntary
2442	acknowledgment of paternity that is witnessed by two individuals
2443	and signed under penalty of perjury as specified by s. 92.525(2)
2444	shall create a rebuttable presumption, as defined by s. 90.304,
2445	of paternity and is subject to the right of any signatory to
2446	rescind the acknowledgment within 60 days after the date the
2447	acknowledgment was signed or the date of an administrative or
2448	judicial proceeding relating to the child, including a
2449	proceeding to establish a support order, in which the signatory
2450	is a party, whichever is earlier. Both parents must provide
2451	their social security numbers on any acknowledgment of
2452	paternity, consent affidavit, or stipulation of paternity.
2453	Except for affidavits under seal pursuant to ss. 382.015 and
2454	382.016, the Office of Vital Statistics shall provide certified
2455	copies of affidavits to the Title IV-D agency upon request.
2456	Section 40.  Effective January 1, 2006, paragraph (a) of
2457	subsection (2) of section 760.40, Florida Statutes, is amended
2458	to read:
2459	760.40  Genetic testing; informed consent; confidentiality;
2460	penalties; notice of use of results.--
2461	(2)(a)  Except for purposes of criminal prosecution, except
2462	for purposes of determining paternity as provided in s. 409.256
2463	or s. 742.12(1), and except for purposes of acquiring specimens
2464	from persons convicted of certain offenses or as otherwise
2465	provided in s. 943.325, DNA analysis may be performed only with
2466	the informed consent of the person to be tested, and the results
2467	of such DNA analysis, whether held by a public or private
2468	entity, are the exclusive property of the person tested, are
2469	confidential, and may not be disclosed without the consent of
2470	the person tested. Such information held by a public entity is
2471	exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
2472	of the State Constitution.
2473	Section 41.  Effective October 1, 2005, subsections (1),
2474	(2), and (6) of section 827.06, Florida Statutes, are amended to
2475	read:
2476	827.06  Nonsupport of dependents.--
2477	(1)  The Legislature finds that most noncustodial parents
2478	want to support their children and remain connected to their
2479	families. The Legislature also finds that while many
2480	noncustodial parents lack the financial resources and other
2481	skills necessary to provide that support, some a small
2482	percentage of such parents willfully fail to provide support to
2483	their children even when they are aware of the obligation and
2484	have the ability to do so pursuant to s. 61.30. The Legislature
2485	further finds that existing statutory provisions for civil
2486	enforcement of support have not proven sufficiently effective or
2487	efficient in gaining adequate support for all children.
2488	Recognizing that it is the public policy of this state that
2489	children shall be maintained primarily from the resources of
2490	their parents, thereby relieving, at least in part, the burden
2491	presently borne by the general citizenry through public
2492	assistance programs, it is the intent of the Legislature that
2493	the criminal penalties provided for in this section are to be
2494	pursued in all appropriate cases where exhaustion of appropriate
2495	civil enforcement has not resulted in payment.
2496	(2)  Any person who, after notice as specified in
2497	subsection (6), and who has been previously adjudged in contempt
2498	for failure to comply with a support order, willfully fails to
2499	provide support which he or she has the ability to provide to a
2500	child or a spouse whom the person knows he or she is legally
2501	obligated to support commits a misdemeanor of the first degree,
2502	punishable as provided in s. 775.082 or s. 775.083. In lieu of
2503	any punishment imposed pursuant to s. 775.082 or s. 775.083, any
2504	person who is convicted of a violation of this subsection shall
2505	be punished:
2506	(a)  By a fine to be paid after restitution for:
2507	1.  Not less than $250 nor more than $500 for a first
2508	conviction.
2509	2.  Not less than $500 nor more than $750 for a second
2510	conviction.
2511	3.  Not less than $750 nor more than $1,000 for a third
2512	conviction; and
2513	(b)  By imprisonment for:
2514	1.  Not less than 15 days nor more than 1 month for a first
2515	conviction.
2516	2.  Not less than 1 month nor more than 3 months for a
2517	second conviction.
2518	3.  Not less than 3 months nor more than 6 months for a
2519	third conviction.
2520	(6)  It is the intent of the Legislature for the state
2521	attorneys, the Florida Prosecuting Attorneys Association, and
2522	the Department of Revenue to work collaboratively to identify
2523	strategies that allow the criminal penalties provided for in
2524	this section to be pursued in all appropriate cases, including,
2525	but not limited to, strategies that would assist the state
2526	attorneys in obtaining additional resources from available
2527	federal Title IV-D funds to initiate prosecution pursuant to
2528	this section. The Florida Prosecuting Attorneys Association and
2529	the Department of Revenue shall submit a joint report to the
2530	Governor, the President of the Senate, and the Speaker of the
2531	House of Representatives by December 31, 2005, that includes
2532	identified strategies and recommendations for implementing such
2533	strategies. Prior to commencing prosecution under this section,
2534	the state attorney must notify the person responsible for
2535	support by certified mail, return receipt requested, or by using
2536	any other means permitted for service of process in a civil
2537	action, that a prosecution under this section will be commenced
2538	against him or her unless the person pays the total unpaid
2539	support obligation or provides a satisfactory explanation as to
2540	why he or she has not made such payments.
2541	Section 42.  Except as otherwise proved herein, this act
2542	shall take effect July 1, 2005.

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