HB 1283

CS

CHAMBER ACTION

1	The Health & Families Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to child support; amending s. 61.13, F.S.;
7	providing a civil penalty and attorney's fees and costs
8	for noncompliance with a requirement to enroll a child in
9	health care coverage; providing for enforcement by the
10	Department of Revenue; repealing a provision relating to a
11	judicial circuit with a work experience and job training
12	pilot project; amending s. 61.1301, F.S.; providing for
13	the repayment of a support delinquency through income
14	deduction; providing for application to support orders or
15	income deduction orders entered before July 1, 2006;
16	requiring an obligor contesting an income deduction order
17	rendered by a Title IV-D agency to file the petition with
18	the Title IV-D agency; requiring the department to provide
19	payors with Internet access to income deduction and
20	national medical support notices issued by the department
21	on or after July 1, 2006; amending s. 61.13016, F.S.;
22	providing for suspension of a driver's license to enforce
23	compliance with an order to appear for genetic testing;
24	amending s. 61.1354, F.S.; requiring a Title IV-D agency
25	to provide information relating to the amount of current
26	support owed by an obligor; amending s. 61.14, F.S.;
27	authorizing the circuit court to enforce a support order
28	by ordering the obligor to seek employment, file periodic
29	reports with the court or the department, notify the court
30	or department upon obtaining employment, income, or
31	property, and participate in jobs programs; providing for
32	contempt of court; repealing provisions related to a
33	judicial circuit with a work experience and job training
34	pilot project; correcting a cross reference; providing for
35	recovery of support arrearages from workers' compensation
36	lump-sum settlements; requiring the Office of the Judges
37	of Compensation Claims to adopt procedural rules;
38	requiring local depositories to electronically provide the
39	department with certain data; amending s. 61.1814, F.S.;
40	providing for fines for failure or refusal to submit to
41	genetic testing to be deposited in the Child Support
42	Enforcement Application and Program Revenue Trust Fund;
43	correcting a cross reference; amending s. 61.1824, F.S.;
44	requiring the State Disbursement Unit to provide for
45	electronic disbursement of support payments to obligees,
46	notify obligees of electronic disbursement options, and
47	encourage use of such options; requiring electronic
48	remittance of support payments by certain employers;
49	providing for waivers; amending s. 61.30, F.S.; correcting
50	a cross reference and reenacting s. 61.30(8), F.S.,
51	relating to child support guidelines for health insurance
52	costs and other medical expenses of a child, to
53	incorporate the amendment to s. 61.13, F.S., in a
54	reference thereto; amending s. 120.80, F.S.; providing for
55	entry of final orders by the Division of Administrative
56	Hearings in proceedings to establish paternity or
57	paternity and child support; providing for the right to
58	immediate judicial review to contest an administrative
59	order for genetic testing; providing for judicial
60	enforcement of agency final orders; providing for venue of
61	administrative hearings in paternity proceedings and
62	determinations of noncovered medical expenses; amending s.
63	322.142, F.S.; authorizing the department to obtain
64	digital photographs and signatures from the Department of
65	Highway Safety and Motor Vehicles for use in establishing
66	paternity and establishing, modifying, or enforcing
67	support obligations; amending s. 382.013, F.S.; requiring
68	the Department of Health to amend a child's birth
69	certificate when paternity is established by the
70	Department of Revenue; amending s. 382.015, F.S.;
71	requiring the clerk of the court to ensure that all
72	judicial determinations of paternity are reported to the
73	Department of Health; requiring the Department of Health
74	to monitor compliance and report data to the clerks of the
75	court; amending s. 382.016, F.S.; providing for the
76	Department of Health to leave birth certificates and
77	related papers unsealed when a father is listed pursuant
78	to an acknowledgment of paternity; providing for the
79	Department of Health to amend the birth certificate of a
80	child born in the state whose paternity is established in
81	another state; providing for the Department of Revenue to
82	develop written educational materials concerning
83	establishment of paternity for use and distribution by
84	Department of Children and Family Services, Department of
85	Corrections, Department of Education, Department of
86	Health, and Department of Juvenile Justice; creating s.
87	382.357, F.S.; providing for the Department of Health,
88	Department of Revenue, Florida Hospital Association,
89	Florida Association of Court Clerks, and one or more local
90	registrars to study the feasibility of and report on the
91	filing of original and new or amended birth certificates
92	with the Department of Health; requiring a report to the
93	Legislature; amending s. 395.003, F.S.; requiring a
94	hospital providing birthing services to comply with s.
95	382.013(2)(c), F.S., when applying for certain licenses;
96	prohibiting fines and sanctions against hospitals for
97	noncompliance with s. 382.013(2)(c), F.S.; amending s.
98	409.2557, F.S.; authorizing the Department of Revenue to
99	adopt rules relating to administrative proceedings to
100	establish paternity, paternity and child support orders,
101	and orders to appear for genetic testing; amending s.
102	409.2558, F.S.; providing for a determination by the
103	Department of Revenue that a collection or refund is
104	undistributable; requiring the Department of Revenue to
105	make reasonable efforts to locate persons to whom
106	collections or refunds are owed; providing for location
107	efforts to include disclosure through a searchable
108	database of the names of obligees, obligors, and
109	depository account numbers on the Internet in compliance
110	with certain requirements; creating s. 409.256, F.S.;
111	providing definitions; authorizing the Department of
112	Revenue to administratively establish paternity based on
113	the results of genetic testing; providing for notice,
114	opportunity for administrative hearing, and right to
115	judicial review; authorizing the Department of Revenue to
116	combine a paternity proceeding with an administrative
117	proceeding under s. 409.2563, F.S.; providing for
118	administrative orders to appear for genetic testing and
119	right to contest; providing for scheduling of genetic
120	testing and rescheduling for good cause; providing
121	sanctions for failure or refusal to submit to genetic
122	testing; providing for a presumption of paternity based on
123	specified genetic testing results; providing for
124	admissibility of genetic testing results at administrative
125	hearings; providing for hearings to be conducted by the
126	Division of Administrative Hearings in accordance with ch.
127	120, F.S.; providing that a final order issued by an
128	administrative law judge constitutes final agency action
129	by the Department of Revenue; providing that a final order
130	establishing paternity has the same effect as a judgment
131	entered by a court pursuant to ch. 742, F.S.; requiring a
132	respondent to notify the Department of Revenue of changes
133	of address and that subsequent notice by mail is deemed to
134	have been received; providing that the administrative
135	procedure is a supplemental remedy; authorizing the
136	Department of Revenue to adopt rules; amending s.
137	409.2561, F.S.; providing that no obligation of support
138	shall be incurred by a recipient of supplemental security
139	income or temporary cash assistance for the benefit of a
140	dependent child; amending s. 409.2563, F.S.; authorizing
141	the Department of Revenue to establish an administrative
142	support order when paternity is determined pursuant to s.
143	409.256, F.S.; creating s. 409.25635, F.S.; authorizing
144	the Department of Revenue to determine the amount owed by
145	an obligor for noncovered medical expenses in Title IV-D
146	cases; defining "noncovered medical expenses"; providing
147	for notice, opportunity for administrative hearing, and
148	right to judicial review; requiring a written declaration
149	under penalty of perjury by the obligee and documentation
150	of claims; providing that a determination by the
151	Department of Revenue has the same effect as a judgment
152	entered by a court; providing for filing an uncontested
153	notice or final order with the local depository;
154	authorizing the Department of Revenue to collect
155	noncovered medical expenses by using the same remedies
156	available for collection of support; providing that the
157	administrative procedure is a supplemental remedy;
158	authorizing the Department of Revenue to adopt rules;
159	amending s. 409.2564, F.S.; repealing provision relating
160	to judicial circuits with a work experience and job
161	training pilot project; providing for a reduction in the
162	amount of retroactive support permanently assigned to the
163	state when the obligor and the Department of Revenue agree
164	to entry of a support order based on the child support
165	guidelines; amending s. 409.25645, F.S.; providing for
166	correctional facilities to assist putative fathers in
167	complying with administrative orders for genetic testing;
168	providing that an administrative order for genetic testing
169	has the same force and effect as a court order; amending
170	s. 409.2567, F.S.; authorizing the Department of Revenue
171	to seek a federal waiver from the requirement that an
172	individual must apply for Title IV-D services; providing
173	for the Department of Revenue to adopt rules if a waiver
174	is granted and provide Title IV-D services if support
175	payments are not paid as ordered unless the individual
176	refuses services after notice; providing an application
177	fee for child support services provided by the Department
178	of Revenue, waiver of the fee, and payment by the
179	department; removing rulemaking authority of the
180	Department of Children and Family Services relating to the
181	application fee and deposit thereof; amending s. 409.2598,
182	F.S.; revising provisions relating to license suspension
183	to enforce support orders; authorizing the Department of
184	Revenue to commence a proceeding to suspend an obligor's
185	occupational, business, trade, professional, or
186	recreational license for noncompliance with a support
187	order; providing for notice by regular mail, opportunity
188	to contest in circuit court, grounds for contesting, and
189	stay of proceedings if a timely petition to contest is
190	filed; providing for written agreement with the Department
191	of Revenue to avoid suspension, reinstatement notice upon
192	compliance, and suspension if the obligor does not comply
193	after notice, does not contest, or does not comply with a
194	written agreement unless the obligor notifies the
195	department of inability to comply with the written
196	agreement; providing for full disclosure by obligor of
197	income, assets, and employment; providing for
198	reinstatement upon court order; providing for license
199	suspension to enforce subpoenas, orders to appear, or
200	similar orders; providing for combining a proceeding to
201	enforce a support order with a proceeding to suspend a
202	driver's license, under certain circumstances; authorizing
203	the Department of Revenue to adopt rules; amending s.
204	409.259, F.S.; requiring the clerks of the circuit court,
205	chief judges through the Office of the State Courts
206	Administrator, sheriffs, Office of the Attorney General,
207	and Department of Revenue to work cooperatively to
208	implement electronic filing of pleadings, returns of
209	service, and other papers by October 1, 2009; amending s.
210	409.821, F.S.; requiring the Agency for Health Care
211	Administration to disclose information identifying Florida
212	KidCare applicants or enrollees to the Department of
213	Revenue for purposes of administering the state's Title
214	IV-D program; amending s. 414.065, F.S.; providing that a
215	court may order a noncustodial parent who is delinquent
216	pursuant to the terms of a support order to participate in
217	work activities under ch. 414, F.S., or as provided in s.
218	61.14(5)(b), F.S.; amending s. 443.051, F.S.; revising
219	provisions relating to interception of child support
220	benefits; providing and revising definitions; requiring
221	the Agency for Workforce Innovation to deduct and withhold
222	a specified percentage of unemployment compensation
223	otherwise payable to an individual who owes a support
224	obligation, under certain circumstances; providing for the
225	Department of Revenue to promptly refund any excess
226	deduction to the obligor; amending s. 455.203, F.S.;
227	repealing authority to screen license applicants for
228	compliance with support obligations; requiring the
229	Department of Business and Professional Regulation to
230	cooperate with the Department of Revenue to implement an
231	automated method for current license disclosure; requiring
232	the Department of Revenue to suspend or deny licenses for
233	noncompliance with a support order; providing for issuance
234	or restatement upon proof of compliance; amending s.
235	742.10, F.S.; providing that when paternity is adjudicated
236	by the Department of Revenue pursuant to s. 409.256, F.S.,
237	such adjudication constitutes the establishment of
238	paternity for purposes of ch. 742, F.S.; amending s.
239	760.40, F.S.; providing for genetic testing in paternity
240	cases and disclosure of test results as authorized by s.
241	409.256, F.S.; amending s. 827.06, F.S.; repealing
242	provisions that require exhaustion of civil remedies
243	before a criminal prosecution for nonsupport of dependents
244	is commenced, a prior adjudication of contempt for failure
245	to comply with a support order, notice by the state
246	attorney prior to prosecution, and mandatory minimum fines
247	and imprisonment; providing for the state attorneys, the
248	Florida Prosecuting Attorneys Association, and the
249	Department of Revenue to identify strategies for pursuing
250	criminal prosecution in certain cases and to submit a
251	report to the Governor and Legislature; providing
252	effective dates.
253
254	Be It Enacted by the Legislature of the State of Florida:
255
256	Section 1.  Effective October 1, 2005, paragraphs (b) and
257	(e) of subsection (1) of section 61.13, Florida Statutes, are
258	amended to read:
259	61.13  Custody and support of children; visitation rights;
260	power of court in making orders.--
261	(1)
262	(b)  Each order for support shall contain a provision for
263	health care coverage for the minor child when the coverage is
264	reasonably available. Coverage is reasonably available if either
265	the obligor or obligee has access at a reasonable rate to a
266	group health plan. The court may require the obligor either to
267	provide health care coverage or to reimburse the obligee for the
268	cost of health care coverage for the minor child when coverage
269	is provided by the obligee. In either event, the court shall
270	apportion the cost of coverage, and any noncovered medical,
271	dental, and prescription medication expenses of the child, to
272	both parties by adding the cost to the basic obligation
273	determined pursuant to s. 61.30(6). The court may order that
274	payment of uncovered medical, dental, and prescription
275	medication expenses of the minor child be made directly to the
276	obligee on a percentage basis.
277	1.  In a non-Title IV-D case, a copy of the court order for
278	health care coverage shall be served on the obligor's union or
279	employer by the obligee when the following conditions are met:
280	a.  The obligor fails to provide written proof to the
281	obligee within 30 days after receiving effective notice of the
282	court order, that the health care coverage has been obtained or
283	that application for coverage has been made;
284	b.  The obligee serves written notice of intent to enforce
285	an order for health care coverage on the obligor by mail at the
286	obligor's last known address; and
287	c.  The obligor fails within 15 days after the mailing of
288	the notice to provide written proof to the obligee that the
289	health care coverage existed as of the date of mailing.
290	2.a.  A support order enforced under Title IV-D of the
291	Social Security Act which requires that the obligor provide
292	health care coverage is enforceable by the department through
293	the use of the national medical support notice, and an amendment
294	to the support order is not required. The department shall
295	transfer the national medical support notice to the obligor's
296	union or employer. The department shall notify the obligor in
297	writing that the notice has been sent to the obligor's union or
298	employer, and the written notification must include the
299	obligor's rights and duties under the national medical support
300	notice. The obligor may contest the withholding required by the
301	national medical support notice based on a mistake of fact. To
302	contest the withholding, the obligor must file a written notice
303	of contest with the department within 15 business days after the
304	date the obligor receives written notification of the national
305	medical support notice from the department. Filing with the
306	department is complete when the notice is received by the person
307	designated by the department in the written notification. The
308	notice of contest must be in the form prescribed by the
309	department. Upon the timely filing of a notice of contest, the
310	department shall, within 5 business days, schedule an informal
311	conference with the obligor to discuss the obligor's factual
312	dispute. If the informal conference resolves the dispute to the
313	obligor's satisfaction or if the obligor fails to attend the
314	informal conference, the notice of contest is deemed withdrawn.
315	If the informal conference does not resolve the dispute, the
316	obligor may request an administrative hearing under chapter 120
317	within 5 business days after the termination of the informal
318	conference, in a form and manner prescribed by the department.
319	However, the filing of a notice of contest by the obligor does
320	not delay the withholding of premium payments by the union,
321	employer, or health plan administrator. The union, employer, or
322	health plan administrator must implement the withholding as
323	directed by the national medical support notice unless notified
324	by the department that the national medical support notice is
325	terminated.
326	b.  In a Title IV-D case, the department shall notify an
327	obligor's union or employer if the obligation to provide health
328	care coverage through that union or employer is terminated.
329	3.  In a non-Title IV-D case, upon receipt of the order
330	pursuant to subparagraph 1., or upon application of the obligor
331	pursuant to the order, the union or employer shall enroll the
332	minor child as a beneficiary in the group health plan regardless
333	of any restrictions on the enrollment period and withhold any
334	required premium from the obligor's income. If more than one
335	plan is offered by the union or employer, the child shall be
336	enrolled in the group health plan in which the obligor is
337	enrolled.
338	4.a.  Upon receipt of the national medical support notice
339	under subparagraph 2. in a Title IV-D case, the union or
340	employer shall transfer the notice to the appropriate group
341	health plan administrator within 20 business days after the date
342	on the notice. The plan administrator must enroll the child as a
343	beneficiary in the group health plan regardless of any
344	restrictions on the enrollment period, and the union or employer
345	must withhold any required premium from the obligor's income
346	upon notification by the plan administrator that the child is
347	enrolled. The child shall be enrolled in the group health plan
348	in which the obligor is enrolled. If the group health plan in
349	which the obligor is enrolled is not available where the child
350	resides or if the obligor is not enrolled in group coverage, the
351	child shall be enrolled in the lowest cost group health plan
352	that is available where the child resides.
353	b.  If health care coverage or the obligor's employment is
354	terminated in a Title IV-D case, the union or employer that is
355	withholding premiums for health care coverage under a national
356	medical support notice must notify the department within 20 days
357	after the termination and provide the obligor's last known
358	address and the name and address of the obligor's new employer,
359	if known.
360	5.a.  The amount withheld by a union or employer in
361	compliance with a support order may not exceed the amount
362	allowed under s. 303(b) of the Consumer Credit Protection Act,
363	15 U.S.C. s. 1673(b), as amended. The union or employer shall
364	withhold the maximum allowed by the Consumer Credit Protection
365	Act in the following order:
366	(I)  Current support, as ordered.
367	(II)  Premium payments for health care coverage, as
368	ordered.
369	(III)  Past due support, as ordered.
370	(IV)  Other medical support or coverage, as ordered.
371	b.  If the combined amount to be withheld for current
372	support plus the premium payment for health care coverage exceed
373	the amount allowed under the Consumer Credit Protection Act, and
374	the health care coverage cannot be obtained unless the full
375	amount of the premium is paid, the union or employer may not
376	withhold the premium payment. However, the union or employer
377	shall withhold the maximum allowed in the following order:
378	(I)  Current support, as ordered.
379	(II)  Past due support, as ordered.
380	(III)  Other medical support or coverage, as ordered.
381	6.  An employer, union, or plan administrator who does not
382	comply with the requirements in sub-subparagraph 4.a. is subject
383	to a civil penalty not to exceed $250 for the first violation
384	and $500 for subsequent violations, plus attorney's fees and
385	costs. The department may file a petition in circuit court to
386	enforce the requirements of this subsection.
387	7.6.  The department of Revenue may adopt rules to
388	administer the child support enforcement provisions of this
389	section that which affect Title IV-D cases.
390	(e)  In a judicial circuit with a work experience and job
391	training pilot project, if the obligor is unemployed or has no
392	income and does not have an account at a financial institution,
393	then the court shall order the obligor to seek employment, if
394	the obligor is able to engage in employment, and to immediately
395	notify the court upon obtaining employment, upon obtaining any
396	income, or upon obtaining any ownership of any asset with a
397	value of $500 or more. If the obligor is still unemployed 30
398	days after any order for support, the court may order the
399	obligor to enroll in the work experience, job placement, and job
400	training pilot program for noncustodial parents as established
401	in s. 409.2565, if the obligor is eligible for entrance into the
402	pilot program.
403	Section 2.  Effective July 1, 2006, paragraphs (b), (e),
404	and (f) of subsection (1) of section 61.1301, Florida Statutes,
405	are amended, paragraph (c) is added to subsection (3), and
406	subsection (5) is added to said section, to read:
407	61.1301  Income deduction orders.--
408	(1)  ISSUANCE IN CONJUNCTION WITH AN ORDER ESTABLISHING,
409	ENFORCING, OR MODIFYING AN OBLIGATION FOR ALIMONY OR CHILD
410	SUPPORT.--
411	(b)  The income deduction order shall:
412	1.  Direct a payor to deduct from all income due and
413	payable to an obligor the amount required by the court to meet
414	the obligor's support obligation including any attorney's fees
415	or costs owed and forward the deducted amount pursuant to the
416	order.
417	2.  State the amount of arrearage owed, if any, and direct
418	a payor to withhold an additional 20 percent or more of the
419	periodic amount specified in the order establishing, enforcing,
420	or modifying the obligation, until full payment is made of any
421	arrearage, attorney's fees and costs owed, provided no deduction
422	shall be applied to attorney's fees and costs until the full
423	amount of any arrearage is paid.;
424	3.  Provide that if a delinquency accrues after the order
425	establishing, modifying, or enforcing the obligation has been
426	entered and there is no order for repayment of the delinquency
427	or a preexisting arrearage, a payor shall deduct an additional
428	20 percent of the current support obligation or other amount
429	agreed to by the parties until the delinquency and any
430	attorney's fees and costs are paid in full. No deduction may be
431	applied to attorney's fees and costs until the delinquency is
432	paid in full.
433	4.3.  Direct a payor not to deduct in excess of the amounts
434	allowed under s. 303(b) of the Consumer Credit Protection Act,
435	15 U.S.C. s. 1673(b), as amended.;
436	5.4.  Direct whether a payor shall deduct all, a specified
437	portion, or no income which is paid in the form of a bonus or
438	other similar one-time payment, up to the amount of arrearage
439	reported in the income deduction notice or the remaining balance
440	thereof, and forward the payment to the governmental depository.
441	For purposes of this subparagraph, "bonus" means a payment in
442	addition to an obligor's usual compensation and which is in
443	addition to any amounts contracted for or otherwise legally due
444	and shall not include any commission payments due an obligor.;
445	6.5.  In Title IV-D cases, direct a payor to provide to the
446	court depository the date on which each deduction is made.;
447	7.6.  In Title IV-D cases, if an obligation to pay current
448	support is reduced or terminated due to emancipation of a child
449	and the obligor owes an arrearage, retroactive support,
450	delinquency, or costs, direct the payor to continue the income
451	deduction at the rate in effect immediately prior to
452	emancipation until all arrearages, retroactive support,
453	delinquencies, and costs are paid in full or until the amount of
454	withholding is modified.; and
455	8.7.  Direct that, at such time as the State Disbursement
456	Unit becomes operational, all payments in those cases in which
457	the obligee is receiving Title IV-D services and in those cases
458	in which the obligee is not receiving Title IV-D services in
459	which the initial support order was issued in this state on or
460	after January 1, 1994, and in which the obligor's child support
461	obligation is being paid through income deduction, be made
462	payable to and delivered to the State Disbursement Unit.
463	Notwithstanding any other statutory provision to the contrary,
464	funds received by the State Disbursement Unit shall be held,
465	administered, and disbursed by the State Disbursement Unit
466	pursuant to the provisions of this chapter.
467	(e)  Statement of obligor's rights. When the court orders
468	the income deduction to be effective immediately, the court
469	shall furnish to the obligor a statement of his or her rights,
470	remedies, and duties in regard to the income deduction order.
471	The statement shall state:
472	1.  All fees or interest which shall be imposed.
473	2.  The total amount of income to be deducted for each pay
474	period until the arrearage, if any, is paid in full and shall
475	state the total amount of income to be deducted for each pay
476	period thereafter. The amounts deducted may not be in excess of
477	that allowed under s. 303(b) of the Consumer Credit Protection
478	Act, 15 U.S.C. s. 1673(b), as amended.
479	3.  That the income deduction order applies to current and
480	subsequent payors and periods of employment.
481	4.  That a copy of the income deduction order or, in Title
482	IV-D cases, the income deduction notice will be served on the
483	obligor's payor or payors.
484	5.  That enforcement of the income deduction order may only
485	be contested on the ground of mistake of fact regarding the
486	amount owed pursuant to the order establishing, enforcing, or
487	modifying the obligation, the arrearages, or the identity of the
488	obligor, the payor, or the obligee.
489	6.  That the obligor is required to notify the obligee and,
490	when the obligee is receiving IV-D services, the IV-D agency
491	within 7 days of changes in the obligor's address, payors, and
492	the addresses of his or her payors.
493	7.  That in a Title IV-D case, if an obligation to pay
494	current support is reduced or terminated due to emancipation of
495	a child and the obligor owes an arrearage, retroactive support,
496	delinquency, or costs, income deduction continues at the rate in
497	effect immediately prior to emancipation until all arrearages,
498	retroactive support, delinquencies, and costs are paid in full
499	or until the amount of withholding is modified.
500	(f)  Notice of delinquency. If a support order was entered
501	before January 1, 1994, or the court orders the income deduction
502	to be effective upon a delinquency as provided in paragraph (c),
503	or a delinquency has accrued under an order entered before July
504	1, 2006, that established, modified, or enforced the obligation
505	and there is no order for repayment of the delinquency or a
506	preexisting arrearage, the obligee or, in Title IV-D cases, the
507	Title IV-D agency may enforce the income deduction by serving a
508	notice of delinquency on the obligor under this paragraph
509	subsection.
510	1.  The notice of delinquency shall state:
511	a.  The terms of the order establishing, enforcing, or
512	modifying the obligation.
513	b.  The period of delinquency and the total amount of the
514	delinquency as of the date the notice is mailed.
515	c.  All fees or interest which may be imposed.
516	d.  The total amount of income to be deducted for each pay
517	period until the arrearage, and all applicable fees and
518	interest, is paid in full and shall state the total amount of
519	income to be deducted for each pay period thereafter. The
520	amounts deducted may not be in excess of that allowed under s.
521	303(b) of the Consumer Credit Protection Act, 15 U.S.C. s.
522	1673(b), as amended.
523	e.  That the income deduction order applies to current and
524	subsequent payors and periods of employment.
525	f.  That a copy of the notice of delinquency will be served
526	on the obligor's payor or payors, together with a copy of the
527	income deduction order or, in Title IV-D cases, the income
528	deduction notice, unless the obligor applies to the court to
529	contest enforcement of the income deduction. If the income
530	deduction order being enforced was rendered by the Title IV-D
531	agency pursuant to s. 409.2563 and the obligor contests the
532	deduction, the obligor shall file a petition for an
533	administrative hearing with the Title IV-D agency. The
534	application or petition shall be filed within 15 days after the
535	date the notice of delinquency was served.
536	g.  That enforcement of the income deduction order may only
537	be contested on the ground of mistake of fact regarding the
538	amount owed pursuant to the order establishing, enforcing, or
539	modifying the obligation, the amount of arrearages, or the
540	identity of the obligor, the payor, or the obligee.
541	h.  That the obligor is required to notify the obligee of
542	the obligor's current address and current payors and of the
543	address of current payors. All changes shall be reported by the
544	obligor within 7 days. If the IV-D agency is enforcing the
545	order, the obligor shall make these notifications to the agency
546	instead of to the obligee.
547	2.  The failure of the obligor to receive the notice of
548	delinquency does not preclude subsequent service of the income
549	deduction order or, in Title IV-D cases, the income deduction
550	notice on the obligor's payor. A notice of delinquency which
551	fails to state an arrearage does not mean that an arrearage is
552	not owed.
553	(3)
554	(c)  If a delinquency accrues after an order establishing,
555	modifying, or enforcing a support obligation has been entered,
556	an income deduction order entered after July 1, 2006, is in
557	effect, and there is no order for repayment of the delinquency
558	or a preexisting arrearage, a payor who is served with an income
559	deduction order or, in a Title IV-D case, an income deduction
560	notice shall deduct an additional 20 percent of the current
561	support obligation or other amount agreed to by the parties
562	until the delinquency and any attorney's fees and costs are paid
563	in full. No deduction may be applied to attorney's fees and
564	costs until the delinquency is paid in full.
565	(5)  By July 1, 2006, the department shall provide a payor
566	with Internet access to income deduction and national medical
567	support notices issued by the department on or after July 1,
568	2006, concerning an obligor to whom the payor pays income. The
569	department shall provide a payor who requests Internet access
570	with a user code and password to allow the payor to receive
571	notices electronically and to download the information necessary
572	to begin income deduction and health care coverage enrollment.
573	If a participating payor does not respond to electronic notice
574	by accessing the data posted by the department within 48 hours,
575	the department shall mail the income deduction or medical
576	support notice to the payor.
577	Section 3.  Effective January 1, 2006, subsection (4) is
578	added to section 61.13016, Florida Statutes, to read:
579	61.13016  Suspension of driver's licenses and motor vehicle
580	registrations.--
581	(4)  The procedures prescribed in this section and s.
582	322.058 may be used to enforce compliance with an order to
583	appear for genetic testing.
584	Section 4.  Effective July 1, 2006, subsections (1) and (2)
585	of section 61.1354, Florida Statutes, are amended to read:
586	61.1354  Sharing of information between consumer reporting
587	agencies and the IV-D agency.--
588	(1)  Upon receipt of a request from a consumer reporting
589	agency as defined in s. 603(f) of the Fair Credit Reporting Act,
590	the IV-D agency or the depository in non-Title-IV-D cases shall
591	make available information relating to the amount of current and
592	overdue support owed by an obligor. The IV-D agency or the
593	depository in non-Title-IV-D cases shall give the obligor
594	written notice, at least 15 days prior to the release of
595	information, of the IV-D agency's or depository's authority to
596	release information to consumer reporting agencies relating to
597	the amount of current and overdue support owed by the obligor.
598	The obligor shall be informed of his or her right to request a
599	hearing with the IV-D agency or the court in non-Title-IV-D
600	cases to contest the accuracy of the information.
601	(2)  The IV-D agency shall report periodically to
602	appropriate consumer reporting agencies, as identified by the
603	IV-D agency, the name and social security number of any
604	delinquent obligor, and the amount of overdue support owed by
605	the obligor, and the amount of the obligor's current support
606	obligation when the overdue support is paid. The IV-D agency, or
607	its designee, shall provide the obligor with written notice, at
608	least 15 days prior to the initial release of information, of
609	the IV-D agency's authority to release the information
610	periodically to the consumer reporting agencies. The notice
611	shall state the amount of overdue support owed and shall inform
612	the obligor of the right to request a hearing with the IV-D
613	agency within 15 days after receipt of the notice to contest the
614	accuracy of the information. After the initial notice is given,
615	no further notice or opportunity for a hearing need be given
616	when updated information concerning the same obligor is
617	periodically released to the consumer reporting agencies.
618	Section 5.  Effective October 1, 2005, subsection (5) of
619	section 61.14, Florida Statutes, is amended to read:
620	61.14  Enforcement and modification of support,
621	maintenance, or alimony agreements or orders.--
622	(5)(a)  When a court of competent jurisdiction enters an
623	order for the payment of alimony or child support or both, the
624	court shall make a finding of the obligor's imputed or actual
625	present ability to comply with the order. If the obligor
626	subsequently fails to pay alimony or support and a contempt
627	hearing is held, the original order of the court creates a
628	presumption that the obligor has the present ability to pay the
629	alimony or support and to purge himself or herself from the
630	contempt. At the contempt hearing, the obligor shall have the
631	burden of proof to show that he or she lacks the ability to
632	purge himself or herself from the contempt. This presumption is
633	adopted as a presumption under s. 90.302(2) to implement the
634	public policy of this state that children shall be maintained
635	from the resources of their parents and as provided for in s.
636	409.2551, and that spouses be maintained as provided for in s.
637	61.08. The court shall state in its order the reasons for
638	granting or denying the contempt.
639	(b)  In a proceeding in circuit court to enforce a support
640	order under this chapter, chapter 88, chapter 409, or chapter
641	742, or any other provision of law, if the court finds that
642	payments due under the support order are delinquent or overdue
643	and that the obligor is unemployed, underemployed, or has no
644	income but is able to work or participate in job training, the
645	court may order the obligor to:
646	1.  Seek employment.
647	2.  File periodic reports with the court, or with the
648	department if the department is providing Title IV-D services,
649	detailing the obligor's efforts to seek and obtain employment
650	during the reporting period.
651	3.  Notify the court or the department, as appropriate,
652	upon obtaining employment, income, or property.
653	4.  Participate in job training, job placement, work
654	experience, or other work programs that may be available
655	pursuant to chapter 445, chapter 446, or any other source.
656
657	An obligor who willfully fails to comply with a court order to
658	seek work or participate in other work-related activities may be
659	held in contempt of court. This paragraph is in furtherance of
660	the public policy of the state of ensuring that children are
661	maintained from the resources of their parents to the extent
662	possible. In a judicial circuit with a work experience and job
663	training pilot project, if at the time of the contempt hearing
664	the obligor is unemployed or has no income, then the court shall
665	order the obligor to seek employment, if the obligor is able to
666	engage in employment, and to immediately notify the court upon
667	obtaining employment, upon obtaining any income, or upon
668	obtaining any ownership of any asset with a value of $500 or
669	more. If the obligor is still unemployed 30 days after any order
670	for support, the court may order the obligor to enroll in a work
671	experience, job placement, and job training program for
672	noncustodial parents as established in s. 409.2565, if the
673	obligor is eligible for entrance into the pilot program.
674	Section 6.  Paragraph (b) of subsection (1) of section
675	61.14, Florida Statutes, is amended to read:
676	61.14  Enforcement and modification of support,
677	maintenance, or alimony agreements or orders.--
678	(1)
679	(b)  For each support order reviewed by the department as
680	required by s. 409.2564(11)(12), if the amount of the child
681	support award under the order differs by at least 10 percent but
682	not less than $25 from the amount that would be awarded under s.
683	61.30, the department shall seek to have the order modified and
684	any modification shall be made without a requirement for proof
685	or showing of a change in circumstances.
686	Section 7.  Effective December 1, 2005, paragraph (a) of
687	subsection (8) of section 61.14, Florida Statutes, is amended to
688	read:
689	61.14  Enforcement and modification of support,
690	maintenance, or alimony agreements or orders.--
691	(8)(a)  When an employee and an employer reach agreement
692	for a lump-sum settlement under s. 440.20(11), no proceeds of
693	the settlement shall be disbursed to the employee, nor shall any
694	attorney's fees be disbursed, until after a judge of
695	compensation claims reviews the proposed disbursement and enters
696	an order finding the settlement provides for appropriate
697	recovery of any support arrearage. The employee, or the
698	employee's attorney if the employee is represented, shall submit
699	a written statement from the department that indicates whether
700	the worker owes unpaid support and, if so, the amount owed. In
701	addition, the judge of compensation claims may require the
702	employee to submit a similar statement from a local depository
703	established under s. 61.181. A sworn statement by the employee
704	that all existing support obligations have been disclosed is
705	also required. If the judge finds the proposed allocation of
706	support recovery insufficient, the parties may amend the
707	allocation of support recovery within the settlement agreement
708	to make the allocation of proceeds sufficient. The Office of the
709	Judges of Compensation Claims shall adopt procedural rules to
710	implement this paragraph When reviewing and approving any lump-
711	sum settlement under s. 440.20(11)(a) and (b), a judge of
712	compensation claims must consider whether the settlement serves
713	the interests of the worker and the worker's family, including,
714	but not limited to, whether the settlement provides for
715	appropriate recovery of any child support arrearage.
716	Section 8.  Effective January 1, 2006, paragraph (g) is
717	added to subsection (6) of section 61.14, Florida Statutes, to
718	read:
719	61.14  Enforcement and modification of support,
720	maintenance, or alimony agreements or orders.--
721	(6)
722	(g)  The local depository shall send the department monthly
723	by electronic means a list of all Title IV-D and non-Title IV-D
724	cases in which a judgment by operation of law has been recorded
725	during the month for which the data is provided. At a minimum,
726	the depository shall provide the names of the obligor and
727	obligee, social security numbers of the obligor and obligee, if
728	available, and depository number.
729	Section 9.  Effective January 1, 2006, paragraph (e) of
730	subsection (2) of section 61.1814, Florida Statutes, is amended
731	to read:
732	61.1814  Child Support Enforcement Application and Program
733	Revenue Trust Fund.--
734	(2)  With the exception of fees required to be deposited in
735	the Clerk of the Court Child Support Enforcement Collection
736	System Trust Fund under s. 61.181(2)(b) and collections
737	determined to be undistributable or unidentifiable under s.
738	409.2558, the fund shall be used for the deposit of Title IV-D
739	program income received by the department. Each type of program
740	income received shall be accounted for separately. Program
741	income received by the department includes, but is not limited
742	to:
743	(e)  Fines imposed under ss. 409.256(7)(b), 409.2564(7),(8)
744	and 409.2578.
745	Section 10.  Effective upon this act becoming a law,
746	paragraph (d) of subsection (3) and subsection (6) of section
747	61.1824, Florida Statutes, are amended to read:
748	61.1824  State Disbursement Unit.--
749	(3)  The State Disbursement Unit shall perform the
750	following functions:
751	(d)  To the extent feasible, use automated procedures for
752	the collection and disbursement of support payments, including,
753	but not limited to, having procedures for:
754	1.  Receipt of payments from obligors, employers, other
755	states and jurisdictions, and other entities.
756	2.  Timely disbursement of payments to obligees, the
757	department, and other state Title IV-D agencies.
758	3.  Accurate identification of payment source and amount.
759	4.  Furnishing any parent, upon request, timely information
760	on the current status of support payments under an order
761	requiring payments to be made by or to the parent, except that
762	in cases described in paragraph (1)(b), prior to the date the
763	State Disbursement Unit becomes fully operational, the State
764	Disbursement Unit shall not be required to convert and maintain
765	in automated form records of payments kept pursuant to s.
766	61.181.
767	5.  Electronic disbursement of support payments to
768	obligees. The State Disbursement Unit shall notify obligees of
769	electronic disbursement options and encourage their use through
770	promotional material.
771	(6)  Effective October 1, 1999, or such earlier date as the
772	State Disbursement Unit becomes operational, all support
773	payments for cases to which the requirements of this section
774	apply shall be made payable to and delivered to the State
775	Disbursement Unit. Effective October 1, 2006, an employer who
776	employed 10 or more employees in any quarter during the
777	preceding state fiscal year or who was subject to and paid tax
778	to the department in an amount of $30,000 or more shall remit
779	support payments deducted pursuant to an income deduction order
780	or income deduction notice and provide associated case data to
781	the State Disbursement Unit by electronic means approved by the
782	department. The department shall adopt by rule standards for
783	electronic remittance and data transfer that to the extent
784	feasible are consistent with the department's rules for
785	electronic filing and remittance of taxes under ss. 213.755 and
786	443.163. A waiver granted by the department from the requirement
787	to file and remit electronically under s. 213.755 or s. 443.163
788	constitutes a waiver from the requirement under this subsection.
789	Notwithstanding any other statutory provision to the contrary,
790	funds received by the State Disbursement Unit shall be held,
791	administered, and disbursed by the State Disbursement Unit
792	pursuant to the provisions of this chapter.
793	Section 11.  Paragraph (c) of subsection (1) of section
794	61.30, Florida Statutes, is amended, and subsection (8) of said
795	section is reenacted, to read:
796	61.30  Child support guidelines; retroactive child
797	support.--
798	(1)
799	(c)  For each support order reviewed by the department as
800	required by s. 409.2564(11)(12), if the amount of the child
801	support award under the order differs by at least 10 percent but
802	not less than $25 from the amount that would be awarded under s.
803	61.30, the department shall seek to have the order modified and
804	any modification shall be made without a requirement for proof
805	or showing of a change in circumstances.
806	(8)  Health insurance costs resulting from coverage ordered
807	pursuant to s. 61.13(1)(b), and any noncovered medical, dental,
808	and prescription medication expenses of the child, shall be
809	added to the basic obligation unless these expenses have been
810	ordered to be separately paid on a percentage basis. After the
811	health insurance costs are added to the basic obligation, any
812	moneys prepaid by the noncustodial parent for health-related
813	costs for the child or children of this action shall be deducted
814	from that noncustodial parent's child support obligation for
815	that child or those children.
816	Section 12.  Effective January 1, 2006, paragraph (c) of
817	subsection (14) of section 120.80, Florida Statutes, is amended
818	to read:
819	120.80  Exceptions and special requirements; agencies.--
820	(14)  DEPARTMENT OF REVENUE.--
821	(c)  Proceedings to establish paternity or paternity and
822	child support; orders to appear for genetic testing; proceedings
823	for administrative support orders.--In proceedings to establish
824	paternity or paternity and child support pursuant to s. 409.256
825	and proceedings for the establishment of administrative support
826	orders pursuant to s. 409.2563, final orders in cases referred
827	by the Department of Revenue to the Division of Administrative
828	Hearings shall be entered by the division's administrative law
829	judge and transmitted to the Department of Revenue for filing
830	and rendering. The Department of Revenue has the right to seek
831	judicial review under s. 120.68 of a final order entered by an
832	administrative law judge. The Department of Revenue or the
833	person ordered to appear for genetic testing may seek immediate
834	judicial review under s. 120.68 of an order issued by an
835	administrative law judge pursuant to s. 409.256(5)(b). Final
836	orders that adjudicate paternity or paternity and child support
837	pursuant to s. 409.256 and administrative support orders
838	rendered pursuant to s. 409.2563 may be enforced pursuant to s.
839	120.69 or, alternatively, by any method prescribed by law for
840	the enforcement of judicial support orders, except contempt.
841	Hearings held by the Division of Administrative Hearings
842	pursuant to ss. 409.256 and s. 409.2563 shall be held in the
843	judicial circuit where the person receiving services under Title
844	IV-D resides or, if the person receiving services under Title
845	IV-D does not reside in this state, in the judicial circuit
846	where the respondent resides. If the department and the
847	respondent agree, the hearing may be held in another location.
848	If ordered by the administrative law judge, the hearing may be
849	conducted telephonically or by videoconference.
850	Section 13.  Effective October 1, 2006, paragraph (c) of
851	subsection (14) of section 120.80, Florida Statutes, as amended
852	by this act, is amended to read:
853	120.80  Exceptions and special requirements; agencies.--
854	(14)  DEPARTMENT OF REVENUE.--
855	(c)  Proceedings to establish paternity or paternity and
856	child support; orders to appear for genetic testing; proceedings
857	for administrative support orders.--In proceedings to establish
858	paternity or paternity and child support pursuant to s. 409.256
859	and proceedings for the establishment of administrative support
860	orders pursuant to s. 409.2563, final orders in cases referred
861	by the Department of Revenue to the Division of Administrative
862	Hearings shall be entered by the division's administrative law
863	judge and transmitted to the Department of Revenue for filing
864	and rendering. The Department of Revenue has the right to seek
865	judicial review under s. 120.68 of a final order entered by an
866	administrative law judge. The Department of Revenue or the
867	person ordered to appear for genetic testing may seek immediate
868	judicial review under s. 120.68 of an order issued by an
869	administrative law judge pursuant to s. 409.256(5)(b). Final
870	orders that adjudicate paternity or paternity and child support
871	pursuant to s. 409.256 and administrative support orders
872	rendered pursuant to s. 409.2563 may be enforced pursuant to s.
873	120.69 or, alternatively, by any method prescribed by law for
874	the enforcement of judicial support orders, except contempt.
875	Hearings held by the Division of Administrative Hearings
876	pursuant to ss. 409.256, and 409.2563, and 409.25635 shall be
877	held in the judicial circuit where the person receiving services
878	under Title IV-D resides or, if the person receiving services
879	under Title IV-D does not reside in this state, in the judicial
880	circuit where the respondent resides. If the department and the
881	respondent agree, the hearing may be held in another location.
882	If ordered by the administrative law judge, the hearing may be
883	conducted telephonically or by videoconference.
884	Section 14.  Effective December 1, 2005, subsection (4) of
885	section 322.142, Florida Statutes, is amended to read:
886	322.142  Color photographic or digital imaged licenses.--
887	(4)  The department may maintain a film negative or print
888	file. The department shall maintain a record of the digital
889	image and signature of the licensees, together with other data
890	required by the department for identification and retrieval.
891	Reproductions from the file or digital record shall be made and
892	issued only for departmental administrative purposes; for the
893	issuance of duplicate licenses; in response to law enforcement
894	agency requests; to the Department of Revenue pursuant to an
895	interagency agreement for use in establishing paternity and
896	establishing, modifying, or enforcing support obligations to
897	facilitate service of process in Title IV-D cases; or to the
898	Department of Financial Services pursuant to an interagency
899	agreement to facilitate the location of owners of unclaimed
900	property, the validation of unclaimed property claims, and the
901	identification of fraudulent or false claims, and are exempt
902	from the provisions of s. 119.07(1).
903	Section 15.  Effective January 1, 2006, paragraph (e) of
904	subsection (2) of section 382.013, Florida Statutes, is
905	redesignated as paragraph (f) and a new paragraph (e) is added
906	to said subsection to read:
907	382.013  Birth registration.--A certificate for each live
908	birth that occurs in this state shall be filed within 5 days
909	after such birth with the local registrar of the district in
910	which the birth occurred and shall be registered by the local
911	registrar if the certificate has been completed and filed in
912	accordance with this chapter and adopted rules. The information
913	regarding registered births shall be used for comparison with
914	information in the state case registry, as defined in chapter
915	61.
916	(2)  PATERNITY.--
917	(e)  If the paternity of the child is determined pursuant
918	to s. 409.256, the name of the father and the surname of the
919	child shall be entered on the certificate in accordance with the
920	finding and order of the Department of Revenue.
921	Section 16.  Effective December 1, 2005, section 382.015,
922	Florida Statutes, is amended to read:
923	382.015  New certificates of live birth; duty of clerks of
924	court and department.--The clerk of the court in which any
925	proceeding for adoption, annulment of an adoption, affirmation
926	of parental status, or determination of paternity is to be
927	registered, shall within 30 days after the final disposition,
928	forward to the department a certified copy of the court order,
929	or a report of the proceedings upon a form to be furnished by
930	the department, together with sufficient information to identify
931	the original birth certificate and to enable the preparation of
932	a new birth certificate. The clerk of the court shall implement
933	a monitoring and quality control plan to ensure that all
934	judicial determinations of paternity are reported to the
935	department in compliance with this section. The department shall
936	track paternity determinations reported monthly by county,
937	monitor compliance with the 30-day timeframe, and report the
938	data to the clerks of the court quarterly.
939	(1)  ADOPTION AND ANNULMENT OF ADOPTION.--
940	(a)  Upon receipt of the report or certified copy of an
941	adoption decree, together with the information necessary to
942	identify the original certificate of live birth, and establish a
943	new certificate, the department shall prepare and file a new
944	birth certificate, absent objection by the court decreeing the
945	adoption, the adoptive parents, or the adoptee if of legal age.
946	The certificate shall bear the same file number as the original
947	birth certificate. All names and identifying information
948	relating to the adoptive parents entered on the new certificate
949	shall refer to the adoptive parents, but nothing in the
950	certificate shall refer to or designate the parents as being
951	adoptive. All other items not affected by adoption shall be
952	copied as on the original certificate, including the date of
953	registration and filing.
954	(b)  Upon receipt of the report or certified copy of an
955	annulment-of-adoption decree, together with the sufficient
956	information to identify the original certificate of live birth,
957	the department shall, if a new certificate of birth was filed
958	following an adoption report or decree, remove the new
959	certificate and restore the original certificate to its original
960	place in the files, and the certificate so removed shall be
961	sealed by the department.
962	(c)  Upon receipt of a report or certified copy of an
963	adoption decree or annulment-of-adoption decree for a person
964	born in another state, the department shall forward the report
965	or decree to the state of the registrant's birth. If the adoptee
966	was born in Canada, the department shall send a copy of the
967	report or decree to the appropriate birth registration authority
968	in Canada.
969	(2)  DETERMINATION OF PATERNITY.--Upon receipt of the
970	report or a certified copy of a final decree of determination of
971	paternity, together with sufficient information to identify the
972	original certificate of live birth, the department shall prepare
973	and file a new birth certificate which shall bear the same file
974	number as the original birth certificate. The registrant's name
975	shall be entered as decreed by the court. The names and
976	identifying information of the parents shall be entered as of
977	the date of the registrant's birth.
978	(3)  AFFIRMATION OF PARENTAL STATUS.--Upon receipt of an
979	order of affirmation of parental status issued pursuant to s.
980	742.16, together with sufficient information to identify the
981	original certificate of live birth, the department shall prepare
982	and file a new birth certificate which shall bear the same file
983	number as the original birth certificate. The names and
984	identifying information of the registrant's parents entered on
985	the new certificate shall be the commissioning couple, but the
986	new certificate may not make reference to or designate the
987	parents as the commissioning couple.
988	(4)  SUBSTITUTION OF NEW CERTIFICATE OF BIRTH FOR
989	ORIGINAL.--When a new certificate of birth is prepared, the
990	department shall substitute the new certificate of birth for the
991	original certificate on file. All copies of the original
992	certificate of live birth in the custody of a local registrar or
993	other state custodian of vital records shall be forwarded to the
994	State Registrar. Thereafter, when a certified copy of the
995	certificate of birth or portion thereof is issued, it shall be a
996	copy of the new certificate of birth or portion thereof, except
997	when a court order requires issuance of a certified copy of the
998	original certificate of birth. In an adoption, change in
999	paternity, affirmation of parental status, undetermined
1000	parentage, or court-ordered substitution, the department shall
1001	place the original certificate of birth and all papers
1002	pertaining thereto under seal, not to be broken except by order
1003	of a court of competent jurisdiction or as otherwise provided by
1004	law.
1005	(5)  FORM.--Except for certificates of foreign birth which
1006	are registered as provided in s. 382.017, and delayed
1007	certificates of birth which are registered as provided in ss.
1008	382.019 and 382.0195, all original, new, or amended certificates
1009	of live birth shall be identical in form, regardless of the
1010	marital status of the parents or the fact that the registrant is
1011	adopted or of undetermined parentage.
1012	(6)  RULES.--The department shall adopt and enforce all
1013	rules necessary for carrying out the provisions of this section.
1014	Section 17.  Paragraph (b) of subsection (1) of section
1015	382.016, Florida Statutes, is amended to read:
1016	382.016  Amendment of records.--The department, upon
1017	receipt of the fee prescribed in s. 382.0255; documentary
1018	evidence, as specified by rule, of any misstatement, error, or
1019	omission occurring in any birth, death, or fetal death record;
1020	and an affidavit setting forth the changes to be made, shall
1021	amend or replace the original certificate as necessary.
1022	(1)  CERTIFICATE OF LIVE BIRTH AMENDMENT.--
1023	(b)  Upon written request and receipt of an affidavit, a
1024	notarized voluntary acknowledgment of paternity signed by the
1025	mother and father acknowledging the paternity of a registrant
1026	born out of wedlock, or a voluntary acknowledgment of paternity
1027	that is witnessed by two individuals and signed under penalty of
1028	perjury as specified by s. 92.525(2), together with sufficient
1029	information to identify the original certificate of live birth,
1030	the department shall prepare a new birth certificate, which
1031	shall bear the same file number as the original birth
1032	certificate. The names and identifying information of the
1033	parents shall be entered as of the date of the registrant's
1034	birth. The surname of the registrant may be changed from that
1035	shown on the original birth certificate at the request of the
1036	mother and father of the registrant, or the registrant if of
1037	legal age. If the mother and father marry each other at any time
1038	after the registrant's birth, the department shall, upon the
1039	request of the mother and father or registrant if of legal age
1040	and proof of the marriage, amend the certificate with regard to
1041	the parents' marital status as though the parents were married
1042	at the time of birth. The department shall substitute the new
1043	certificate of birth for the original certificate on file. All
1044	copies of the original certificate of live birth in the custody
1045	of a local registrar or other state custodian of vital records
1046	shall be forwarded to the State Registrar. Thereafter, when a
1047	certified copy of the certificate of birth or portion thereof is
1048	issued, it shall be a copy of the new certificate of birth or
1049	portion thereof, except when a court order requires issuance of
1050	a certified copy of the original certificate of birth. Except
1051	for a birth certificate on which a father is listed pursuant to
1052	an affidavit or notarized voluntary acknowledgment of paternity
1053	signed by the mother and the father or a voluntary
1054	acknowledgment of paternity that is witnessed by two individuals
1055	and signed under penalty of perjury as specified by s.
1056	92.525(2), the department shall place the original certificate
1057	of birth and all papers pertaining thereto under seal, not to be
1058	broken except by order of a court of competent jurisdiction or
1059	as otherwise provided by law.
1060	Section 18.  Effective October 1, 2005, paragraph (d) is
1061	added to subsection (1) of section 382.016, Florida Statutes, to
1062	read:
1063	382.016  Amendment of records.--The department, upon
1064	receipt of the fee prescribed in s. 382.0255; documentary
1065	evidence, as specified by rule, of any misstatement, error, or
1066	omission occurring in any birth, death, or fetal death record;
1067	and an affidavit setting forth the changes to be made, shall
1068	amend or replace the original certificate as necessary.
1069	(1)  CERTIFICATE OF LIVE BIRTH AMENDMENT.--
1070	(d)  For a child born in this state whose paternity is
1071	established in another state, the department shall amend the
1072	child's birth certificate to include the name of the father upon
1073	receipt of:
1074	1.  A certified copy of an acknowledgment of paternity,
1075	final judgment, or judicial or administrative order from another
1076	state that determines the child's paternity; or
1077	2.  A noncertified copy of an acknowledgment of paternity,
1078	final judgment, or judicial or administrative order from another
1079	state that determines the child's paternity when provided with
1080	an affidavit or written declaration from the Department of
1081	Revenue that states the document was provided by or obtained
1082	from another state's Title IV-D program.
1083
1084	The department may not amend a child's birth certificate to
1085	include the name of the child's father if paternity was
1086	established by adoption and the father would not be eligible to
1087	adopt under the laws of this state.
1088	Section 19.  Effective December 1, 2005, paragraph (e) is
1089	added to subsection (1) of section 382.016, Florida Statutes, as
1090	amended by this act, to read:
1091	382.016  Amendment of records.--The department, upon
1092	receipt of the fee prescribed in s. 382.0255; documentary
1093	evidence, as specified by rule, of any misstatement, error, or
1094	omission occurring in any birth, death, or fetal death record;
1095	and an affidavit setting forth the changes to be made, shall
1096	amend or replace the original certificate as necessary.
1097	(1)  CERTIFICATE OF LIVE BIRTH AMENDMENT.--
1098	(e)  The Department of Revenue shall develop written
1099	educational materials for use and distribution by the Department
1100	of Children and Family Services, Department of Corrections,
1101	Department of Education, Department of Health, and Department of
1102	Juvenile Justice that describe how paternity is established and
1103	the benefits of establishing paternity. The Department of
1104	Children and Family Services, Department of Corrections,
1105	Department of Education, Department of Health, and Department of
1106	Juvenile Justice shall make the materials available to
1107	individuals to whom services are provided and are encouraged to
1108	provide additional education on how paternity is established and
1109	the benefits of establishing paternity.
1110	Section 20.  Section 382.357, Florida Statutes, is created
1111	to read:
1112	382.357  Electronic filing of birth certificate
1113	information.--The Department of Health, Department of Revenue,
1114	Florida Hospital Association, Florida Association of Court
1115	Clerks, and one or more local registrars shall study the
1116	feasibility of electronically filing original and new or amended
1117	birth certificates, documentation of paternity determinations,
1118	and adoptions with the department. The Department of Health
1119	shall submit a report to the Governor, Cabinet, President of the
1120	Senate, and Speaker of the House of Representatives by July 1,
1121	2006. The report shall include the estimated cost to develop and
1122	implement electronic filing, cost savings resulting from
1123	electronic filing, and potential funding sources for electronic
1124	filing.
1125	Section 21.  Effective July 1, 2007, paragraph (c) is added
1126	to subsection (5) of section 395.003, Florida Statutes, to read:
1127	395.003  Licensure; issuance, renewal, denial,
1128	modification, suspension, and revocation.--
1129	(5)
1130	(c)  A hospital that provides birthing services shall
1131	affirm in writing as part of the application for a new,
1132	provisional, or renewal license that the hospital shall comply
1133	with s. 382.013(2)(c), which includes assisting unmarried
1134	parents who request assistance in executing a voluntary
1135	acknowledgment of paternity. No fine or other sanction under s.
1136	395.1065 may be imposed on a hospital for noncompliance with s.
1137	382.013(2)(c).
1138	Section 22.  Effective January 1, 2006, paragraph (p) of
1139	subsection (3) of section 409.2557, Florida Statutes, is amended
1140	to read:
1141	409.2557  State agency for administering child support
1142	enforcement program.--
1143	(3)  SPECIFIC RULEMAKING AUTHORITY.--The department has the
1144	authority to adopt rules pursuant to ss. 120.536(1) and 120.54
1145	to implement all laws administered by the department in its
1146	capacity as the Title IV-D agency for this state including, but
1147	not limited to, the following:
1148	(p)  Administrative proceedings to establish paternity or
1149	establish paternity and child support, orders to appear for
1150	genetic testing, and administrative proceedings to establish
1151	child support obligations; and
1152	Section 23.  Effective October 1, 2005, paragraph (a) of
1153	subsection (2) of section 409.2558, Florida Statutes, is amended
1154	to read:
1155	409.2558  Support distribution and disbursement.--
1156	(2)  UNDISTRIBUTABLE COLLECTIONS.--
1157	(a)  The department shall establish by rule the method for
1158	determining a collection or refund to a noncustodial parent to
1159	be undistributable to the final intended recipient. Before
1160	determining a collection or refund to be undistributable, the
1161	department shall make reasonable efforts to locate persons to
1162	whom collections or refunds are owed so that payment can be
1163	made. Location efforts may include disclosure through a
1164	searchable database of the names of obligees, obligors, and
1165	depository account numbers on the Internet in compliance with
1166	the requirements of s. 119.01(2)(a).
1167	Section 24.  Effective January 1, 2006, section 409.256,
1168	Florida Statutes, is created to read:
1169	409.256  Administrative proceeding to establish paternity
1170	or paternity and child support; order to appear for genetic
1171	testing.--
1172	(1)  DEFINITIONS.--As used in this section, the term:
1173	(a)  "Another state" or "other state" means a state of the
1174	United States, the District of Columbia, Puerto Rico, the United
1175	States Virgin Islands, or any territory or insular possession
1176	subject to the jurisdiction of the United States. The term
1177	includes:
1178	1.  An Indian tribe.
1179	2.  A foreign jurisdiction that has enacted a law or
1180	established procedures for issuance and enforcement of support
1181	orders which are substantially similar to the procedures under
1182	this act, the Uniform Reciprocal Enforcement of Support Act, or
1183	the Revised Uniform Reciprocal Enforcement of Support Act, as
1184	determined by the Attorney General.
1185	(b)  "Custodian" means a person, other than the mother or a
1186	putative father, who has physical custody of a child or with
1187	whom the child primarily resides. References in this section to
1188	the obligation of a custodian to submit to genetic testing mean
1189	that the custodian is obligated to submit the child for genetic
1190	testing, not that the custodian must submit to genetic testing.
1191	(c)  "Filed" means a document has been received and
1192	accepted for filing at the offices of the Department of Revenue
1193	by the clerk or an authorized deputy clerk designated by the
1194	department.
1195	(d)  "Genetic testing" means a scientific analysis of
1196	genetic markers that is performed by a qualified technical
1197	laboratory only to exclude an individual as the parent of a
1198	child or to show a probability of paternity.
1199	(e)  "Paternity and child support proceeding" means an
1200	administrative action commenced by the Department of Revenue to
1201	order genetic testing, establish paternity, and establish an
1202	administrative support order pursuant to this section.
1203	(f)  "Paternity proceeding" means an administrative action
1204	commenced by the Department of Revenue to order genetic testing
1205	and establish paternity pursuant to this section.
1206	(g)  "Putative father" means an individual who is or may be
1207	the biological father of a child whose paternity has not been
1208	established and whose mother was unmarried when the child was
1209	conceived and born.
1210	(h)  "Qualified technical laboratory" means a genetic-
1211	testing laboratory that may be under contract with the
1212	Department of Revenue, that uses tests and methods of a type
1213	generally acknowledged as reliable by accreditation
1214	organizations recognized by the United States Department of
1215	Health and Human Services, and that is approved by such an
1216	accreditation organization. The term includes a genetic-testing
1217	laboratory used by another state, if the laboratory has
1218	comparable qualifications.
1219	(i)  "Rendered" means that a signed written order is filed
1220	with the clerk or a deputy clerk of the Department of Revenue
1221	and served on the respondent. The date of filing must be
1222	indicated on the face of the order at the time of rendition.
1223	(j)  "Respondent" means the person or persons served by the
1224	Department of Revenue with a notice of proceeding pursuant to
1225	subsection (4). The term includes the putative father and may
1226	include the mother or the custodian of the child.
1227	(k)  "This state" or "the state" means the State of
1228	Florida.
1229	(2)  JURISDICTION; LOCATION OF HEARINGS; RIGHT OF ACCESS TO
1230	THE COURTS.--
1231	(a)  The Department of Revenue may commence a paternity
1232	proceeding or a paternity and child support proceeding as
1233	provided in subsection (4) if:
1234	1.  The child's paternity has not been established.
1235	2.  No one is named as the father on the child's birth
1236	certificate or the person named as the father is the putative
1237	father named in an affidavit or a written declaration as
1238	provided in subparagraph 5.
1239	3.  The child's mother was unmarried when the child was
1240	conceived and born.
1241	4.  The Department of Revenue is providing services under
1242	Title IV-D.
1243	5.  The child's mother or a putative father has stated in
1244	an affidavit, or in a written declaration as provided in s.
1245	92.525(2) that the putative father is or may be the child's
1246	biological father. The affidavit or written declaration must set
1247	forth the factual basis for the allegation of paternity as
1248	provided in s. 742.12(2).
1249	(b)  If the Department of Revenue receives a request from
1250	another state to assist in the establishment of paternity, the
1251	department may serve an order to appear for genetic testing on a
1252	person who resides in this state and transmit the test results
1253	to the other state without commencing a paternity proceeding in
1254	this state.
1255	(c)  The Department of Revenue may use the procedures
1256	authorized by this section against a nonresident over whom this
1257	state may assert personal jurisdiction under chapter 48 or
1258	chapter 88.
1259	(d)  If a putative father, mother, or custodian in a Title
1260	IV-D case voluntarily submits to genetic testing, the Department
1261	of Revenue may schedule that individual or the child for genetic
1262	testing without serving that individual with an order to appear
1263	for genetic testing. A respondent or other person who is subject
1264	to an order to appear for genetic testing may waive, in writing
1265	or on the record at an administrative hearing, formal service of
1266	notices or orders or waive any other rights or time periods
1267	prescribed by this section.
1268	(e)  Whenever practicable, hearings held by the Division of
1269	Administrative Hearings pursuant to this section shall be held
1270	in the judicial circuit where the person receiving services
1271	under Title IV-D resides or, if the person receiving services
1272	under Title IV-D does not reside in this state, in the judicial
1273	circuit where the respondent resides. If the Department of
1274	Revenue and the respondent agree, the hearing may be held in
1275	another location. If ordered by the administrative law judge,
1276	the hearing may be conducted telephonically or by
1277	videoconference.
1278	(f)  The Legislature does not intend to limit the
1279	jurisdiction of the circuit courts to hear and determine issues
1280	regarding establishment of paternity. This section is intended
1281	to provide the Department of Revenue with an alternative
1282	procedure for establishing paternity and child support
1283	obligations in Title IV-D cases. This section does not prohibit
1284	a person who has standing from filing a civil action in circuit
1285	court for a determination of paternity or of child support
1286	obligations.
1287	(g)  Section 409.2563(2)(e), (f), and (g) apply to a
1288	proceeding under this section.
1289	(3)  MULTIPLE PUTATIVE FATHERS; MULTIPLE CHILDREN.--If more
1290	than one putative father has been named, the Department of
1291	Revenue may proceed under this section against a single putative
1292	father or may proceed simultaneously against more than one
1293	putative father. If a putative father has been named as a
1294	possible father of more than one child born to the same mother,
1295	the department may proceed to establish the paternity of each
1296	child in the same proceeding.
1297	(4)  NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR
1298	PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC
1299	TESTING; MANNER OF SERVICE; CONTENTS.--The Department of Revenue
1300	shall commence a proceeding to determine paternity, or a
1301	proceeding to determine both paternity and child support, by
1302	serving the respondent with a notice as provided in this
1303	section. An order to appear for genetic testing may be served at
1304	the same time as a notice of the proceeding or may be served
1305	separately. A copy of the affidavit or written declaration upon
1306	which the proceeding is based shall be provided to the
1307	respondent when notice is served. A notice or order to appear
1308	for genetic testing shall be served by certified mail,
1309	restricted delivery, return receipt requested, or in accordance
1310	with the requirements for service of process in a civil action.
1311	Service by certified mail is completed when the certified mail
1312	is received or refused by the addressee or by an authorized
1313	agent as designated by the addressee in writing. If a person
1314	other than the addressee signs the return receipt, the
1315	department shall attempt to reach the addressee by telephone to
1316	confirm whether the notice was received, and the department
1317	shall document any telephonic communications. If someone other
1318	than the addressee signs the return receipt, the addressee does
1319	not respond to the notice, and the department is unable to
1320	confirm that the addressee has received the notice, service is
1321	not completed and the department shall attempt to have the
1322	addressee served personally. For purposes of this section, an
1323	employee or an authorized agent of the department may serve the
1324	notice or order to appear for genetic testing and execute an
1325	affidavit of service. The department may serve an order to
1326	appear for genetic testing on a custodian. The department shall
1327	provide a copy of the notice or order to appear by regular mail
1328	to the mother and custodian, if they are not respondents.
1329	(a)  A notice of proceeding to establish paternity must
1330	state:
1331	1.  That the department has commenced an administrative
1332	proceeding to establish whether the putative father is the
1333	biological father of the child named in the notice.
1334	2.  The name and date of birth of the child and the name of
1335	the child's mother.
1336	3.  That the putative father has been named in an affidavit
1337	or written declaration that states the putative father is or may
1338	be the child's biological father.
1339	4.  That the respondent is required to submit to genetic
1340	testing.
1341	5.  That genetic testing will establish either a high
1342	degree of probability that the putative father is the biological
1343	father of the child or that the putative father cannot be the
1344	biological father of the child.
1345	6.  That if the results of the genetic test do not indicate
1346	a statistical probability of paternity that equals or exceeds 99
1347	percent, the paternity proceeding in connection with that child
1348	shall cease unless a second or subsequent test is required.
1349	7.  That if the results of the genetic test indicate a
1350	statistical probability of paternity that equals or exceeds 99
1351	percent, the department may:
1352	a.  Issue a proposed order of paternity that the respondent
1353	may consent to or contest at an administrative hearing; or
1354	b.  Commence a proceeding, as provided in s. 409.2563, to
1355	establish an administrative support order for the child. Notice
1356	of the proceeding shall be provided to the respondent by regular
1357	mail.
1358	8.  That, if the genetic test results indicate a
1359	statistical probability of paternity that equals or exceeds 99
1360	percent and a proceeding to establish an administrative support
1361	order is commenced, the department shall issue a proposed order
1362	that addresses paternity and child support. The respondent may
1363	consent to or contest the proposed order at an administrative
1364	hearing.
1365	9.  That if a proposed order of paternity or proposed order
1366	of both paternity and child support is not contested, the
1367	department shall adopt the proposed order and render a final
1368	order that establishes paternity and, if appropriate, an
1369	administrative support order for the child.
1370	10.  That, until the proceeding is ended, the respondent
1371	shall notify the department in writing of any change in the
1372	respondent's mailing address and that the respondent shall be
1373	deemed to have received any subsequent order, notice, or other
1374	paper mailed to the most recent address provided or, if a more
1375	recent address is not provided, to the address at which the
1376	respondent was served, and that this requirement continues if
1377	the department renders a final order that establishes paternity
1378	and a support order for the child.
1379	11.  That the respondent may file an action in circuit
1380	court for a determination of paternity, child support
1381	obligations, or both.
1382	12.  That if the respondent files an action in circuit
1383	court and serves the department with a copy of the petition or
1384	complaint within 20 days after being served notice under this
1385	subsection, the administrative process ends without prejudice
1386	and the action must proceed in circuit court.
1387	13.  That, if paternity is established, the putative father
1388	may file a petition in circuit court for a determination of
1389	matters relating to custody and rights of parental contact.
1390
1391	A notice under this paragraph must also notify the respondent of
1392	the provisions in s. 409.2563(4)(m) and (o).
1393	(b)  A notice of proceeding to establish paternity and
1394	child support must state the requirements of paragraph (a),
1395	except for subparagraph (a)7., and must state the requirements
1396	of s. 409.2563(4), to the extent that the requirements of s.
1397	409.2563(4) are not already required by and do not conflict with
1398	this subsection. This section and s. 409.2563 apply to a
1399	proceeding commenced under this subsection.
1400	(c)  The order to appear for genetic testing shall inform
1401	the person ordered to appear:
1402	1.  That the department has commenced an administrative
1403	proceeding to establish whether the putative father is the
1404	biological father of the child.
1405	2.  The name and date of birth of the child and the name of
1406	the child's mother.
1407	3.  That the putative father has been named in an affidavit
1408	or written declaration that states the putative father is or may
1409	be the child's biological father.
1410	4.  The date, time, and place that the person ordered to
1411	appear must appear to provide a sample for genetic testing.
1412	5.  That if the person has custody of the child whose
1413	paternity is the subject of the proceeding, the person must
1414	submit the child for genetic testing.
1415	6.  That when the samples are provided, the person ordered
1416	to appear shall verify his or her identity and the identity of
1417	the child, if applicable, by presenting a form of identification
1418	as prescribed by s. 117.05(5)(b)2. that bears the photograph of
1419	the person who is providing the sample or other form of
1420	verification approved by the department.
1421	7.  That if the person ordered to appear submits to genetic
1422	testing, the department shall pay the cost of the genetic
1423	testing and shall provide the person ordered to appear with a
1424	copy of any test results obtained.
1425	8.  That if the person ordered to appear does not appear as
1426	ordered or refuses to submit to genetic testing without good
1427	cause, the department may take one or more of the following
1428	actions:
1429	a.  Commence proceedings to suspend the driver's license
1430	and motor vehicle registration of the person ordered to appear,
1431	as provided in s. 61.13016;
1432	b.  Impose an administrative fine against the person
1433	ordered to appear in the amount of $500; or
1434	c.  File a petition in circuit court to establish paternity
1435	and obtain a support order for the child and an order for costs
1436	against the person ordered to appear, including costs for
1437	genetic testing.
1438	9.  That the person ordered to appear may contest the order
1439	by filing a written request for informal review within 15 days
1440	after the date of service of the order, with further rights to
1441	an administrative hearing following the informal review.
1442	(5)  RIGHT TO CONTEST ORDER TO APPEAR FOR GENETIC
1443	TESTING.--
1444	(a)  The person ordered to appear may contest an order to
1445	appear for genetic testing by filing a written request for
1446	informal review with the Department of Revenue within 15 days
1447	after the date of service of the order. The purpose of the
1448	informal review is to provide the person ordered to appear with
1449	an opportunity to discuss the proceedings and the basis of the
1450	order. At the conclusion of the informal review, the department
1451	shall notify the person ordered to appear, in writing, whether
1452	it intends to proceed with the order to appear. If the
1453	department notifies the person ordered to appear of its intent
1454	to proceed, the notice must inform the person ordered to appear
1455	of the right to contest the order at an administrative hearing.
1456	(b)  Following an informal review, within 15 days after the
1457	mailing date of the Department of Revenue's notification that
1458	the department shall proceed with an order to appear for genetic
1459	testing, the person ordered to appear may file a request for an
1460	administrative hearing to contest whether the person should be
1461	required to submit to genetic testing. A request for an
1462	administrative hearing must state the specific reasons why the
1463	person ordered to appear believes he or she should not be
1464	required to submit to genetic testing as ordered. If the person
1465	ordered to appear files a timely request for a hearing, the
1466	department shall refer the hearing request to the Division of
1467	Administrative Hearings. Unless otherwise provided in this
1468	section, administrative hearings are governed by chapter 120 and
1469	the uniform rules of procedure. The administrative law judge
1470	assigned to the case shall issue an order as to whether the
1471	person must submit to genetic testing in accordance with the
1472	order to appear. The department or the person ordered to appear
1473	may seek immediate judicial review under s. 120.68 of an order
1474	issued by an administrative law judge pursuant to this
1475	paragraph.
1476	(c)  If a timely request for an informal review or an
1477	administrative hearing is filed, the department may not proceed
1478	under the order to appear for genetic testing and may not impose
1479	sanctions for failure or refusal to submit to genetic testing
1480	until:
1481	1.  The department has notified the person of its intent to
1482	proceed after informal review, and a timely request for hearing
1483	is not filed;
1484	2.  The person ordered to appear withdraws the request for
1485	hearing or informal review; or
1486	3.  The Division of Administrative Hearings issues an order
1487	that the person must submit to genetic testing, or issues an
1488	order closing the division's file, and that an order has become
1489	final.
1490	(d)  If a request for an informal review or administrative
1491	hearing is not timely filed, the person ordered to appear is
1492	deemed to have waived the right to a hearing and the department
1493	may proceed under the order to appear for genetic testing.
1494	(6)  SCHEDULING OF GENETIC TESTING.--
1495	(a)  The Department of Revenue shall notify, in writing,
1496	the person ordered to appear of the date, time, and location of
1497	the appointment for genetic testing and of the requirement to
1498	verify his or her identity and the identity of the child, if
1499	applicable, when the samples are provided by presenting a form
1500	of identification as prescribed in s. 117.05(5)(b)2. that bears
1501	the photograph of the person who is providing the sample or
1502	other form of verification approved by the department. If the
1503	person ordered to appear is the putative father or the mother,
1504	that person shall appear and submit to genetic testing. If the
1505	person ordered to appear is a custodian, or if the putative
1506	father or the mother has custody of the child, that person must
1507	submit the child for genetic testing.
1508	(b)  The department shall reschedule genetic testing:
1509	1.  One time without cause if, in advance of the initial
1510	test date, the person ordered to appear requests the department
1511	to reschedule the test.
1512	2.  One time if the person ordered to appear shows good
1513	cause for failure to appear for a scheduled test.
1514	3.  One time upon request of a person ordered to appear
1515	against whom sanctions have been imposed as provided in
1516	subsection (7).
1517
1518	A claim of good cause for failure to appear shall be filed with
1519	the department within 10 days after the scheduled test date and
1520	must state the facts and circumstances supporting the claim. The
1521	department shall notify the person ordered to appear, in
1522	writing, whether it accepts or rejects the person's claim of
1523	good cause. There is not a separate right to a hearing on the
1524	department's decision to accept or reject the claim of good
1525	cause because the person ordered to appear may raise good cause
1526	as a defense to any proceeding initiated by the department under
1527	subsection (7).
1528	(c)  A person ordered to appear may obtain a second genetic
1529	test by filing a written request for a second test with the
1530	department within 15 days after the date of mailing of the
1531	initial genetic testing results and by paying the department in
1532	advance for the full cost of the second test.
1533	(d)  The department may schedule and require a subsequent
1534	genetic test if it has reason to believe the results of the
1535	preceding genetic test may not be reliable.
1536	(e)  Except as provided in paragraph (c) and subsection
1537	(7), the department shall pay for the cost of genetic testing
1538	ordered under this section.
1539	(7)  FAILURE OR REFUSAL TO SUBMIT TO GENETIC TESTING.--If a
1540	person who is served with an order to appear for genetic testing
1541	fails to appear without good cause or refuses to submit to
1542	testing without good cause, the department may take one or more
1543	of the following actions:
1544	(a)  Commence a proceeding to suspend the driver's license
1545	and motor vehicle registration of the person ordered to appear,
1546	as provided in s. 61.13016;
1547	(b)  Impose an administrative fine against the person
1548	ordered to appear in the amount of $500; or
1549	(c)  File a petition in circuit court to establish
1550	paternity, obtain a support order for the child, and seek
1551	reimbursement from the person ordered to appear for the full
1552	cost of genetic testing incurred by the department.
1553
1554	As provided in s. 322.058(2), a suspended driver's license and
1555	motor vehicle registration may be reinstated when the person
1556	ordered to appear complies with the order to appear for genetic
1557	testing. The department may collect an administrative fine
1558	imposed under this subsection by using civil remedies or other
1559	statutory means available to the department for collecting
1560	support.
1561	(8)  GENETIC-TESTING RESULTS.--The department shall send a
1562	copy of the genetic-testing results to the putative father, to
1563	the mother, to the custodian, and to the other state, if
1564	applicable. If the genetic-testing results, including second or
1565	subsequent genetic-testing results, do not indicate a
1566	statistical probability of paternity that equals or exceeds 99
1567	percent, the paternity proceeding in connection with that child
1568	shall cease.
1569	(9)  PROPOSED ORDER OF PATERNITY; COMMENCEMENT OF
1570	PROCEEDING TO ESTABLISH ADMINISTRATIVE SUPPORT ORDER; PROPOSED
1571	ORDER OF PATERNITY AND CHILD SUPPORT.--
1572	(a)  If a paternity proceeding has been commenced under
1573	this section and the results of genetic testing indicate a
1574	statistical probability of paternity that equals or exceeds 99
1575	percent, the Department of Revenue may:
1576	1.  Issue a proposed order of paternity as provided in
1577	paragraph (b); or
1578	2.  If appropriate, delay issuing a proposed order of
1579	paternity and commence, by regular mail, an administrative
1580	proceeding to establish a support order for the child pursuant
1581	to s. 409.2563 and issue a single proposed order that addresses
1582	paternity and child support.
1583	(b)  A proposed order of paternity must:
1584	1.  State proposed findings of fact and conclusions of law.
1585	2.  Include a copy of the results of genetic testing.
1586	3.  Include notice of the respondent's right to informal
1587	review and to contest the proposed order of paternity at an
1588	administrative hearing.
1589	(c)  If a paternity and child support proceeding has been
1590	commenced under this section and the results of genetic testing
1591	indicate a statistical probability of paternity that equals or
1592	exceeds 99 percent, the Department of Revenue may issue a single
1593	proposed order that addresses paternity as provided in this
1594	section and child support as provided in s. 409.2563.
1595	(d)  The Department of Revenue shall serve a proposed order
1596	issued under this section on the respondent by regular mail and
1597	shall provide a copy by regular mail to the mother or custodian
1598	if they are not respondents.
1599	(10)  INFORMAL REVIEW; ADMINISTRATIVE HEARING; PRESUMPTION
1600	OF PATERNITY.--
1601	(a)  Within 10 days after the date of mailing or other
1602	service of a proposed order, the respondent may contact a
1603	representative of the Department of Revenue at the address or
1604	telephone number provided to request an informal review of the
1605	proposed order. If an informal review is timely requested, the
1606	time for requesting a hearing is extended until 10 days after
1607	the department mails notice to the respondent that the informal
1608	review has been concluded.
1609	(b)  Within 20 days after the mailing date of the proposed
1610	order or within 10 days after the mailing date of notice that an
1611	informal review has been concluded, whichever is later, the
1612	respondent may request an administrative hearing by filing a
1613	written request for a hearing with the Department of Revenue. A
1614	request for a hearing must state the specific objections to the
1615	proposed order, the specific objections to the genetic testing
1616	results, or both. A respondent who fails to file a timely
1617	request for a hearing is deemed to have waived the right to a
1618	hearing.
1619	(c)  If the respondent files a timely request for a
1620	hearing, the Department of Revenue shall refer the hearing
1621	request to the Division of Administrative Hearings. Unless
1622	otherwise provided in this section or in s. 409.2563, chapter
1623	120 and the uniform rules of procedure govern the conduct of the
1624	proceedings.
1625	(d)  The genetic-testing results shall be admitted into
1626	evidence and made a part of the hearing record. For purposes of
1627	this section, a statistical probability of paternity that equals
1628	or exceeds 99 percent creates a presumption, as defined in s.
1629	90.304, that the putative father is the biological father of the
1630	child. The presumption may be overcome only by clear and
1631	convincing evidence. The respondent or the Department of Revenue
1632	may call an expert witness to refute or support the testing
1633	procedure or results or the mathematical theory on which they
1634	are based. Verified documentation of the chain of custody of the
1635	samples tested is competent evidence to establish the chain of
1636	custody.
1637	(11)  FINAL ORDER ESTABLISHING PATERNITY OR PATERNITY AND
1638	CHILD SUPPORT; CONSENT ORDER; NOTICE TO OFFICE OF VITAL
1639	STATISTICS.--
1640	(a)  If a hearing is held, the administrative law judge of
1641	the Division of Administrative Hearings shall issue a final
1642	order that adjudicates paternity or, if appropriate, paternity
1643	and child support. A final order of the administrative law judge
1644	constitutes final agency action by the Department of Revenue.
1645	The Division of Administrative Hearings shall transmit any such
1646	order to the department for filing and rendering.
1647	(b)  If the respondent does not file a timely request for a
1648	hearing or consents in writing to entry of a final order without
1649	a hearing, the Department of Revenue may render a final order of
1650	paternity or a final order of paternity and child support, as
1651	appropriate.
1652	(c)  The Department of Revenue shall mail a copy of the
1653	final order to the putative father, the mother, and the
1654	custodian, if any. The department shall notify the respondent of
1655	the right to seek judicial review of a final order in accordance
1656	with s. 120.68.
1657	(d)  Upon rendering a final order of paternity or a final
1658	order of paternity and child support, the Department of Revenue
1659	shall notify the Division of Vital Statistics of the Department
1660	of Health that the paternity of the child has been established.
1661	(e)  A final order rendered pursuant to this section has
1662	the same effect as a judgment entered by the court pursuant to
1663	chapter 742.
1664	(f)  The provisions of s. 409.2563 that apply to a final
1665	administrative support order rendered under that section apply
1666	to a final order rendered under this section when a child
1667	support obligation is established.
1668	(12)  RIGHT TO JUDICIAL REVIEW.--A respondent has the right
1669	to seek judicial review, in accordance with s. 120.68, of a
1670	final order rendered under subsection (11) and an order issued
1671	under paragraph (5)(b). The Department of Revenue has the right
1672	to seek judicial review, in accordance with s. 120.68, of a
1673	final order issued by an administrative law judge under
1674	subsection (11) and an order issued by an administrative law
1675	judge under paragraph (5)(b).
1676	(13)  DUTY TO PROVIDE AND MAINTAIN CURRENT MAILING
1677	ADDRESS.--Until a proceeding that has been commenced under this
1678	section has ended, a respondent who is served with a notice of
1679	proceeding must inform the Department of Revenue in writing of
1680	any change in the respondent's mailing address and is deemed to
1681	have received any subsequent order, notice, or other paper
1682	mailed to that address, or the address at which the respondent
1683	was served, if the respondent has not provided a more recent
1684	address.
1685	(14)  PROCEEDINGS IN CIRCUIT COURT.--The results of genetic
1686	testing performed pursuant to this section are admissible as
1687	evidence to the same extent as scientific testing ordered by the
1688	court pursuant to chapter 742.
1689	(15)  GENDER NEUTRAL.--This section shall be construed
1690	impartially, regardless of a person's gender, and applies with
1691	equal force to the mother of a child whose paternity has not
1692	been established and is not presumed by law.
1693	(16)  REMEDIES SUPPLEMENTAL.--The remedies provided in this
1694	section are supplemental and in addition to other remedies
1695	available to the department for the establishment of paternity
1696	and child support obligations.
1697	(17)  RULEMAKING AUTHORITY.--The department may adopt rules
1698	to implement this section.
1699	Section 25.  Effective July 1, 2005, subsection (4) of
1700	section 409.2561, Florida Statutes, is amended to read:
1701	409.2561  Support obligations when public assistance is
1702	paid; assignment of rights; subrogation; medical and health
1703	insurance information.--
1704	(4)  No obligation of support under this section shall be
1705	incurred by any person who is the recipient of supplemental
1706	security income or temporary cash assistance public assistance
1707	moneys for the benefit of a dependent child or who is
1708	incapacitated and financially unable to pay as determined by the
1709	department.
1710	Section 26.  Effective January 1, 2006, paragraphs (b) and
1711	(c) of subsection (2) of section 409.2563, Florida Statutes, are
1712	amended to read:
1713	409.2563  Administrative establishment of child support
1714	obligations.--
1715	(2)  PURPOSE AND SCOPE.--
1716	(b)  The administrative procedure set forth in this section
1717	concerns only the establishment of child support obligations.
1718	This section does not grant jurisdiction to the department or
1719	the Division of Administrative Hearings to hear or determine
1720	issues of dissolution of marriage, separation, alimony or
1721	spousal support, termination of parental rights, dependency,
1722	disputed paternity, except for a determination of paternity as
1723	provided in s. 409.256, award of or change of custody, or
1724	visitation. This paragraph notwithstanding, the department and
1725	the Division of Administrative Hearings may make findings of
1726	fact that are necessary for a proper determination of a
1727	noncustodial parent's support obligation as authorized by this
1728	section.
1729	(c)  If there is no support order for a child in a Title
1730	IV-D case whose paternity has been established or is presumed by
1731	law, or whose paternity is the subject of a proceeding under s.
1732	409.256, the department may establish the noncustodial parent's
1733	child support obligation pursuant to this section, s. 61.30, and
1734	other relevant provisions of state law. The noncustodial
1735	parent's obligation determined by the department may include any
1736	obligation to pay retroactive support and any obligation to
1737	provide for health care for a child, whether through insurance
1738	coverage, reimbursement of expenses, or both. The department may
1739	proceed on behalf of:
1740	1.  An applicant or recipient of public assistance, as
1741	provided by ss. 409.2561 and 409.2567;
1742	2.  A former recipient of public assistance, as provided by
1743	s. 409.2569;
1744	3.  An individual who has applied for services as provided
1745	by s. 409.2567;
1746	4.  Itself or the child, as provided by s. 409.2561; or
1747	5.  A state or local government of another state, as
1748	provided by chapter 88.
1749	Section 27.  Effective October 1, 2006, section 409.25635,
1750	Florida Statutes, is created to read:
1751	409.25635  Determination and collection of noncovered
1752	medical expenses.--
1753	(1)  DEFINITION.--As used in this section, "noncovered
1754	medical expenses" means uninsured medical, dental, or
1755	prescription medication expenses that are ordered to be paid on
1756	behalf of a child as provided in s. 61.13(1)(b) or a similar law
1757	of another state.
1758	(2)  PROCEEDING TO DETERMINE AMOUNT OWED FOR NONCOVERED
1759	MEDICAL EXPENSES.--In a Title IV-D case, the Department of
1760	Revenue may proceed under this section to determine the amount
1761	owed by an obligor for noncovered medical expenses if:
1762	(a)  The obligor is subject to a support order that
1763	requires the obligor to pay all or part of a child's noncovered
1764	medical expenses.
1765	(b)  The obligee provides the department with a written
1766	declaration under penalty of perjury that states:
1767	1.  Noncovered medical expenses have been incurred on
1768	behalf of the dependent child whom the obligor has been ordered
1769	to support.
1770	2.  The obligee has paid for noncovered medical expenses
1771	that have been incurred on behalf of the child.
1772	3.  The obligor has not paid all or part of the child's
1773	noncovered medical expenses as ordered.
1774	4.  The amount paid by the obligee for noncovered medical
1775	expenses and the amount the obligor allegedly owes to the
1776	obligee.
1777	(c)  The obligee provides documentation in support of the
1778	written declaration.
1779	(3)  NOTICE OF PROCEEDING.--
1780	(a)  To proceed under this section, the Department of
1781	Revenue shall serve a notice on the obligor that states:
1782	1.  That the department has commenced a proceeding to
1783	determine the amount the obligor owes for noncovered medical
1784	expenses.
1785	2.  The name of the court or other tribunal that issued the
1786	support order that requires the obligor to pay noncovered
1787	medical expenses and the date of the order.
1788	3.  That the proceeding is based on the requirements of the
1789	support order, the obligee's written sworn statement, and the
1790	supporting documentation provided to the department by the
1791	obligee.
1792	4.  The amount of noncovered medical expenses that the
1793	obligee alleges the obligor owes.
1794	5.  If the support order was entered by a court of this
1795	state or a tribunal of another state, that the obligor may file
1796	a motion in the circuit court to contest the amount of
1797	noncovered medical expenses owed within 25 days after the date
1798	of mailing of the notice or, if the support order was entered by
1799	the department, that the obligor may file with the department a
1800	petition to contest within 25 days after the date of mailing of
1801	the notice.
1802	6.  If the support order was entered by a court of this
1803	state or a tribunal of another state, that the court shall
1804	determine the amount owed by the obligor and enter judgment as
1805	appropriate if the obligor timely files a motion in the circuit
1806	court to contest the amount of noncovered medical expenses owed
1807	or, if the support order was entered by the department, the
1808	department shall determine the amount owed by the obligor and
1809	render a final order as appropriate if the obligor timely files
1810	with the department a petition to contest the amount of
1811	noncovered medical expenses owed.
1812	7.  If the obligor does not timely file a motion or
1813	petition to contest the amount alleged to be owed, that the
1814	obligor shall owe the amount alleged in the notice.
1815	8.  If an amount owed is determined after a hearing or
1816	becomes final because the obligor does not file a timely motion
1817	or petition to contest, the department shall begin collection
1818	action.
1819	(b)  The notice shall be served on the obligor by regular
1820	mail that is sent to the obligor's address of record according
1821	to the clerk of the court or according to the Department of
1822	Revenue if the support order was entered by the department or to
1823	a more recent address if known. A copy of the obligee's written
1824	declaration and supporting documentation must be served on the
1825	obligor with the notice. The department shall provide the
1826	obligee with a copy of the notice and with any subsequent notice
1827	of hearing.
1828	(4)  RIGHT TO HEARING; DETERMINATION AFTER HEARING; WAIVER
1829	OF HEARING.--
1830	(a)  Within 25 days after the date the notice required by
1831	subsection (3) is mailed, if the support order was entered by a
1832	court of this state or a tribunal of another state, the obligor
1833	may file a motion in the circuit court to contest the amount of
1834	noncovered medical expenses owed. If a timely motion is filed,
1835	the court shall determine after a hearing whether the obligor
1836	owes the obligee the amount alleged for noncovered medical
1837	expenses and enter a judgment, as appropriate.
1838	(b)  Within 25 days after the date the notice required by
1839	subsection (3) is mailed, if the support order was entered by
1840	the Department of Revenue, the obligor may file with the
1841	department a petition to contest the amount of noncovered
1842	medical expenses owed. If a timely petition is filed, the
1843	department shall determine after a hearing pursuant to chapter
1844	120 whether the obligor owes the obligee for the amount alleged
1845	for noncovered medical expenses and render a final order, as
1846	appropriate.
1847	(c)  If the obligor does not timely file a motion or
1848	petition to contest, the amount owed as alleged in the notice
1849	becomes final and is legally enforceable.
1850	(5)  EFFECT OF DETERMINATION BY THE DEPARTMENT OF REVENUE
1851	AND UNCONTESTED PROCEEDINGS.--The amount owed for noncovered
1852	medical expenses that is determined by the Department of Revenue
1853	as provided in paragraph (4)(b) or that becomes final as
1854	provided in paragraph (4)(c) has the same effect as a judgment
1855	entered by a court.
1856	(6)  FILING WITH THE DEPOSITORY; RECORDING; MAINTENANCE OF
1857	ACCOUNTS.--When an amount owed for noncovered medical expenses
1858	is determined, the department shall file a certified copy of the
1859	final order or uncontested notice with the depository. Upon
1860	receipt of a final order or uncontested notice, the depository
1861	shall record the final order or uncontested notice in the same
1862	manner as a final judgment. The depository shall maintain
1863	necessary accounts to reflect obligations and payments for
1864	noncovered medical expenses.
1865	(7)  COLLECTION ACTION; ADMINISTRATIVE REMEDIES.--Any
1866	administrative remedy available for collection of support may be
1867	used to collect noncovered medical expenses that are determined
1868	or established under this section.
1869	(8)  SUPPLEMENTAL REMEDY.--This section provides a
1870	supplemental remedy for determining and enforcing noncovered
1871	medical expenses. As an alternative, the department or any other
1872	party may petition the circuit court for enforcement of
1873	noncovered medical expenses.
1874	(9)  RULEMAKING AUTHORITY.--The department may adopt rules
1875	to implement this section.
1876	Section 28.  Subsections (8) through (14) of section
1877	409.2564, Florida Statutes, are renumbered as subsections (7)
1878	through (13), respectively, and present subsection (7) is
1879	amended to read:
1880	409.2564  Actions for support.--
1881	(7)  In a judicial circuit with a work experience and job
1882	training pilot project, if the obligor is a noncustodial parent
1883	of a child receiving public assistance as defined in this
1884	chapter, is unemployed or underemployed or has no income, then
1885	the court shall order the obligor to seek employment, if the
1886	obligor is able to engage in employment, and to immediately
1887	notify the court upon obtaining employment, upon obtaining any
1888	income, or upon obtaining any ownership of any asset with a
1889	value of $500 or more. If the obligor is still unemployed 30
1890	days after any order for support, the court shall order the
1891	obligor to enroll in a work experience, job placement, and job
1892	training program.
1893	Section 29.  Effective January 1, 2006, subsection (4) of
1894	section 409.2564, Florida Statutes, is amended to read:
1895	409.2564  Actions for support.--
1896	(4)  Whenever the Department of Revenue has undertaken an
1897	action for enforcement of support, the Department of Revenue may
1898	enter into an agreement with the obligor for the entry of a
1899	judgment determining paternity, if applicable, and for periodic
1900	child support payments based on the child support guidelines in
1901	s. 61.30 obligor's reasonable ability to pay. Prior to entering
1902	into this agreement, the obligor shall be informed that a
1903	judgment will be entered based on the agreement. The clerk of
1904	the court shall file the agreement without the payment of any
1905	fees or charges, and the court, upon entry of the judgment,
1906	shall forward a copy of the judgment to the parties to the
1907	action. To encourage out-of-court settlement and promote support
1908	order compliance, if the obligor and the Department of Revenue
1909	agree on entry of a support order and its terms, the guideline
1910	amount owed for retroactive support that is permanently assigned
1911	to the state shall be reduced by 25 percent. In making a
1912	determination of the obligor's reasonable ability to pay and
1913	until guidelines are established for determining child support
1914	award amounts, the following criteria shall be considered:
1915	(a)  All earnings, income, and resources of the obligor.
1916	(b)  The ability of the obligor to earn.
1917	(c)  The reasonable necessities of the obligor.
1918	(d)  The needs of the dependent child for whom support is
1919	sought.
1920	Section 30.  Effective October 1, 2005, section 409.25645,
1921	Florida Statutes, is amended to read:
1922	409.25645  Administrative orders for genetic testing.--
1923	(1)  The Department of Revenue is authorized to use
1924	administrative orders to require genetic testing in Title IV-D
1925	cases. In such cases the department or an authorized agent may
1926	issue an administrative order to a putative father who has not
1927	voluntarily submitted to genetic testing, directing him to
1928	appear for a genetic test to determine the paternity of a child,
1929	provided that the department shall have no authority to issue
1930	such an order in the absence of an affidavit or written
1931	declaration as provided in s. 92.525(2) of the child's mother
1932	stating that the putative father is or may be a parent of the
1933	child. The administrative order shall state:
1934	(a)(1)  The type of genetic test that will be used.
1935	(b)(2)  The date, time, and place to appear for the genetic
1936	test, except as provided in subsection (3).
1937	(c)(3)  That upon failure to appear for the genetic test,
1938	or refusal to be tested, the department shall file a petition in
1939	circuit court to establish paternity and child support.
1940	(2)  A copy of the affidavit or written declaration which
1941	is the basis for the issuance of the administrative order shall
1942	be attached to the order. The administrative order is exempt
1943	from the hearing provisions in chapter 120, because the person
1944	to whom it is directed shall have an opportunity to object in
1945	circuit court in the event the Department of Revenue pursues the
1946	matter by filing a petition in circuit court. The department may
1947	serve the administrative order to appear for a genetic test by
1948	regular mail. In any case in which more than one putative father
1949	has been identified, the department may proceed under this
1950	section with respect to all putative fathers. If the department
1951	receives a request from another state Title IV-D agency to
1952	assist in the establishment of paternity, the department may
1953	cause an administrative order to appear for a genetic test to be
1954	served on a putative father who resides in Florida.
1955	(3)  If the putative father is incarcerated, the
1956	correctional facility shall assist the putative father in
1957	complying with the administrative order, whether issued under
1958	this section or s. 409.256.
1959	(4)  An administrative order for genetic testing has the
1960	same force and effect as a court order.
1961	Section 31.  Effective upon this act becoming a law,
1962	section 409.2567, Florida Statutes, is amended to read:
1963	409.2567  Services to individuals not otherwise
1964	eligible.--All support services provided by the department shall
1965	be made available on behalf of all dependent children. Services
1966	shall be provided upon acceptance of public assistance or upon
1967	proper application filed with the department. The department
1968	shall adopt rules to provide for the payment of a $25
1969	application fee from each applicant who is not a public
1970	assistance recipient. The application fee shall be deposited in
1971	the Child Support Enforcement Application and Program Revenue
1972	Trust Fund within the Department of Revenue to be used for the
1973	Child Support Enforcement Program. The obligor is responsible
1974	for all administrative costs, as defined in s. 409.2554. The
1975	court shall order payment of administrative costs without
1976	requiring the department to have a member of the bar testify or
1977	submit an affidavit as to the reasonableness of the costs. An
1978	attorney-client relationship exists only between the department
1979	and the legal services providers in Title IV-D cases. The
1980	attorney shall advise the obligee in Title IV-D cases that the
1981	attorney represents the agency and not the obligee. In Title IV-
1982	D cases, any costs, including filing fees, recording fees,
1983	mediation costs, service of process fees, and other expenses
1984	incurred by the clerk of the circuit court, shall be assessed
1985	only against the nonprevailing obligor after the court makes a
1986	determination of the nonprevailing obligor's ability to pay such
1987	costs and fees. In any case where the court does not award all
1988	costs, the court shall state in the record its reasons for not
1989	awarding the costs. The Department of Revenue shall not be
1990	considered a party for purposes of this section; however, fees
1991	may be assessed against the department pursuant to s. 57.105(1).
1992	The department shall submit a monthly report to the Governor and
1993	the chairs of the Health and Human Services Fiscal Committee of
1994	the House of Representatives and the Ways and Means Committee of
1995	the Senate specifying the funds identified for collection from
1996	the noncustodial parents of children receiving temporary
1997	assistance and the amounts actually collected. The Department of
1998	Revenue shall seek a waiver from the Secretary of the United
1999	States Department of Health and Human Services to authorize the
2000	Department of Revenue to provide services in accordance with
2001	Title IV-D of the Social Security Act to individuals who are
2002	owed support without need of an application. If the waiver is
2003	granted, the department shall adopt rules to implement the
2004	waiver and begin providing Title IV-D services if support
2005	payments are not being paid as ordered, except that the
2006	individual first must be given written notice of the right to
2007	refuse Title IV-D services and a reasonable opportunity to
2008	refuse. The department may not provide services if services are
2009	refused.
2010	Section 32.  Effective October 1, 2005, section 409.2567,
2011	Florida Statutes, as amended by this act, is amended to read:
2012	409.2567  Services to individuals not otherwise
2013	eligible.--All support services provided by the department shall
2014	be made available on behalf of all dependent children. Services
2015	shall be provided upon acceptance of public assistance or upon
2016	proper application filed with the department. The federally
2017	required application fee for individuals who do not receive
2018	public assistance is $1, which shall be waived for all
2019	applicants and paid by the department The department shall adopt
2020	rules to provide for the payment of a $25 application fee from
2021	each applicant who is not a public assistance recipient. The
2022	application fee shall be deposited in the Child Support
2023	Enforcement Application and Program Revenue Trust Fund within
2024	the Department of Revenue to be used for the Child Support
2025	Enforcement Program. The obligor is responsible for all
2026	administrative costs, as defined in s. 409.2554. The court shall
2027	order payment of administrative costs without requiring the
2028	department to have a member of the bar testify or submit an
2029	affidavit as to the reasonableness of the costs. An attorney-
2030	client relationship exists only between the department and the
2031	legal services providers in Title IV-D cases. The attorney shall
2032	advise the obligee in Title IV-D cases that the attorney
2033	represents the agency and not the obligee. In Title IV-D cases,
2034	any costs, including filing fees, recording fees, mediation
2035	costs, service of process fees, and other expenses incurred by
2036	the clerk of the circuit court, shall be assessed only against
2037	the nonprevailing obligor after the court makes a determination
2038	of the nonprevailing obligor's ability to pay such costs and
2039	fees. In any case where the court does not award all costs, the
2040	court shall state in the record its reasons for not awarding the
2041	costs. The Department of Revenue shall not be considered a party
2042	for purposes of this section; however, fees may be assessed
2043	against the department pursuant to s. 57.105(1). The department
2044	shall submit a monthly report to the Governor and the chairs of
2045	the Health and Human Services Fiscal Committee of the House of
2046	Representatives and the Ways and Means Committee of the Senate
2047	specifying the funds identified for collection from the
2048	noncustodial parents of children receiving temporary assistance
2049	and the amounts actually collected. The Department of Revenue
2050	shall seek a waiver from the Secretary of the United States
2051	Department of Health and Human Services to authorize the
2052	Department of Revenue to provide services in accordance with
2053	Title IV-D of the Social Security Act to individuals who are
2054	owed support without need of an application. If the waiver is
2055	granted, the Department of Revenue shall adopt rules to
2056	implement the waiver and begin providing Title IV-D services if
2057	support payments are not being paid as ordered, except that the
2058	individual first must be given written notice of the right to
2059	refuse Title IV-D services and a reasonable opportunity to
2060	respond.
2061	Section 33.  Effective July 1, 2006, section 409.2598,
2062	Florida Statutes, is amended to read:
2063	409.2598  License suspension proceeding to enforce support
2064	order Suspension or denial of new or renewal licenses;
2065	registrations; certifications.--
2066	(1)  DEFINITIONS.--As used in this section, the term:
2067	(a)  "License" means a license, permit, certificate,
2068	registration, franchise, or other form of written permission
2069	issued by a licensing agency to an individual which authorizes
2070	the individual to engage in an occupation, business, trade, or
2071	profession or to engage in a recreational activity, including
2072	hunting or fishing. Where the context permits, the term also
2073	includes an application for a new or renewal license.
2074	(b)  "Licensee" means an individual who has a license.
2075	(c)  "Licensing agency" means a department, commission,
2076	agency, district, county, municipality, or other subdivision of
2077	state or local government which issues licenses.
2078	(2)  NOTICE OF NONCOMPLIANCE AND INTENT TO SUSPEND
2079	LICENSE.--If a support order has not been complied with for at
2080	least 30 days, the Department of Revenue may commence a license
2081	suspension proceeding to enforce compliance with the support
2082	order by providing written notice to the obligor that states:
2083	(a)  That the obligor is not in compliance with the support
2084	order and whether the noncompliance is due to the obligor's
2085	nonpayment of current support, delinquencies or arrears, or the
2086	failure to provide health care coverage or medical support.
2087	(b)  The kind of license that is subject to suspension.
2088	(c)  That the obligor may avoid license suspension by
2089	complying with the support order or entering into a written
2090	agreement with the department within 30 days after the mailing
2091	of the notice.
2092	(d)  If the obligor timely complies with the support order
2093	or a written agreement entered into with the department, the
2094	proceeding ends and the obligor's license is not suspended.
2095	(e)  That the obligor may contest license suspension by
2096	filing a petition in circuit court within 30 days after the
2097	mailing of the notice of noncompliance.
2098	(f)  If the obligor timely files a petition in circuit
2099	court, that the license suspension proceeding is stayed pending
2100	a ruling by the court.
2101
2102	The notice shall be served on the obligor by regular mail sent
2103	to the obligor's last address of record with the local
2104	depository or a more recent address if known, which may include
2105	the obligor's mailing address as reflected by the records of the
2106	licensing agency.
2107	(3)  HEARING; STAY OF PROCEEDING.--The obligor may contest
2108	license suspension by filing a petition in circuit court within
2109	30 days after the mailing of the notice of noncompliance and
2110	serving a copy of the petition on the Department of Revenue. If
2111	the obligor timely files a petition in circuit court, the
2112	license suspension proceeding is stayed pending a ruling by the
2113	court. The obligor may contest on the basis of a mistake of fact
2114	concerning the obligor's compliance with the support order, the
2115	reasonableness of a payment agreement offered by the department,
2116	or the identity of the obligor. A timely petition to contest
2117	must be heard by the court within 15 days after the petition is
2118	filed. The court must enter an order ruling on the matter within
2119	10 days after the hearing and a copy of the order must be served
2120	on the parties.
2121	(4)  COMPLIANCE; REINSTATEMENT.--
2122	(a)  If the obligor complies with the support order or a
2123	written agreement entered into with the department after a
2124	proceeding is commenced but before the obligor's license is
2125	suspended, the proceeding shall cease and the obligor's license
2126	may not be suspended. If the obligor subsequently does not
2127	comply with the support order, the department may commence a new
2128	proceeding or proceed as provided in paragraph (c) if the
2129	obligor enters into a written agreement and does not comply with
2130	the agreement.
2131	(b)  If the obligor complies with the support order or a
2132	written agreement entered into with the department after the
2133	obligor's license is suspended, the department shall provide the
2134	obligor with a reinstatement notice and the licensing agency
2135	shall reinstate the obligor's license at no additional charge to
2136	the obligor.
2137	(c)  If the obligor enters into a written agreement with
2138	the department and does not comply with the agreement, the
2139	department shall notify the licensing agency to suspend the
2140	obligor's license unless the obligor notifies the department
2141	that the obligor can no longer comply with the written
2142	agreement. If the obligor notifies the department of the
2143	inability to comply with the written agreement, the obligor
2144	shall provide full disclosure to the department of the obligor's
2145	income, assets, and employment. If after full disclosure the
2146	written agreement cannot be renegotiated, the department or the
2147	obligor may file a petition in circuit court to determine the
2148	matter.
2149	(d)  A licensing agency shall promptly reinstate the
2150	obligor's license upon receipt of a court order for
2151	reinstatement.
2152	(e)  Notwithstanding any other statutory provision, a
2153	notice from the court or the department shall reinstate to the
2154	obligor all licenses established in chapters 370 and 372 that
2155	were valid at the time of suspension.
2156	(5)  NOTICE TO LICENSING AGENCY; SUSPENSION.--
2157	(a)  The Department of Revenue shall notify the licensing
2158	agency to suspend the obligor's license when:
2159	1.  Thirty or more days have elapsed after a proceeding has
2160	been commenced and the obligor has not complied with the support
2161	order or a written agreement entered into with the department or
2162	filed a timely petition to contest license suspension in circuit
2163	court;
2164	2.  The obligor enters into a written agreement with the
2165	department and does not comply with the agreement, unless the
2166	obligor notifies the department that the obligor can no longer
2167	comply with the agreement; or
2168	3.  The department is ordered to do so by the circuit
2169	court.
2170	(b)  Upon notice by the department or the circuit court,
2171	the licensing agency shall suspend the obligor's license and may
2172	only reinstate the license upon further notice by the department
2173	or the court.
2174	(6)  ENFORCEMENT OF SUBPOENAS.--A license may be suspended
2175	under this section to enforce compliance with a subpoena, order
2176	to appear, order to show cause, or similar order in a child
2177	support or paternity proceeding by using the same procedures as
2178	those used for enforcing compliance with a support order.
2179	(7)  MULTIPLE LICENSES.--The Department of Revenue may
2180	combine a proceeding under this section with a proceeding to
2181	suspend a driver's license under s. 61.13016. A proceeding to
2182	suspend a license under this section may apply to one or more of
2183	the obligor's licenses.
2184	(8)  RULEMAKING AUTHORITY.--The Department of Revenue may
2185	adopt rules to implement and enforce the requirements of this
2186	section.
2187	(2)  The Title IV-D agency may petition the court that
2188	entered the support order or the court that is enforcing the
2189	support order to deny or suspend the license of any obligor with
2190	a delinquent support obligation or who fails, after receiving
2191	appropriate notice, to comply with subpoenas, orders to appear,
2192	orders to show cause, or similar orders relating to paternity or
2193	support proceedings. However, a petition may not be filed until
2194	the Title IV-D agency has exhausted all other available
2195	remedies. The purpose of this section is to promote the public
2196	policy of the state as established in s. 409.2551.
2197	(3)  The Title IV-D agency shall give notice to any obligor
2198	who is an applicant for a new or renewal license or the holder
2199	of a current license when a delinquency exists in the support
2200	obligation or when an obligor has failed to comply with a
2201	subpoena, order to appear, order to show cause, or similar order
2202	relating to paternity or support proceeding. The notice shall
2203	specify that the obligor has 30 days from the date of mailing of
2204	the notice to pay the delinquency or to reach an agreement to
2205	pay the delinquency with the Title IV-D agency or comply with
2206	the subpoena, order to appear, order to show cause, or similar
2207	order. The notice shall specify that, if payment is not made or
2208	an agreement cannot be reached, or if the subpoena, order to
2209	appear, order to show cause, or similar order is not complied
2210	with, the application may be denied or the license may be
2211	suspended pursuant to a court order.
2212	(4)  If the obligor fails to pay the delinquency or enter
2213	into a repayment agreement with the department or comply with
2214	the subpoena, order to appear, order to show cause, or similar
2215	order within 30 days following completion of service of the
2216	notice, the Title IV-D agency shall send a second notice to the
2217	obligor stating that the obligor has 30 days to pay the
2218	delinquency or reach an agreement to pay the delinquency with
2219	the Title IV-D agency or comply with the subpoena, order to
2220	appear, order to show cause, or similar order. If the obligor
2221	fails to respond to either notice from the Title IV-D agency or
2222	if the obligor fails to pay the delinquency or reach an
2223	agreement to pay the delinquency or comply with the subpoena,
2224	order to appear, order to show cause, or similar order after the
2225	second notice, the Title IV-D agency may petition the court
2226	which entered the support order or the court which is enforcing
2227	the support order to deny the application for the license or to
2228	suspend the license of the obligor. However, no petition may be
2229	filed until the Title IV-D agency has exhausted all other
2230	available remedies. The court may find that it would be
2231	inappropriate to deny a license or suspend a license if:
2232	(a)  Denial or suspension would result in irreparable harm
2233	to the obligor or employees of the obligor or would not
2234	accomplish the objective of collecting the delinquency; or
2235	(b)  The obligor demonstrates that he or she has made a
2236	good faith effort to reach an agreement with the Title IV-D
2237	agency.
2238
2239	The court may not deny or suspend a license if the court
2240	determines that an alternative remedy is available to the Title
2241	IV-D agency which is likely to accomplish the objective of
2242	collecting the delinquency or obtaining compliance with the
2243	subpoena, order to appear, order to show cause, or similar
2244	order. If the obligor fails in the defense of a petition for
2245	denial or suspension, the court which entered the support order
2246	or the court which is enforcing the support order shall enter an
2247	order to deny the application for the license or to suspend the
2248	license of the obligor. The court shall order the obligor to
2249	surrender the license to the Title IV-D agency, which will
2250	return the license and a copy of the order of suspension to the
2251	appropriate licensing agency.
2252	(5)  If the court denies or suspends a license and the
2253	obligor subsequently pays the delinquency or reaches an
2254	agreement with the Title IV-D agency to settle the delinquency
2255	and makes the first payment required by the agreement, or
2256	complies with the subpoena, order to appear, order to show
2257	cause, or similar order, the license shall be issued or
2258	reinstated upon written proof to the court that the obligor has
2259	complied with the terms of the court order, subpoena, order to
2260	appear, order to show cause, or similar order. Proof of payment
2261	shall consist of a certified copy of the payment record issued
2262	by the depository. The court shall order the appropriate
2263	licensing agency to issue or reinstate the license without
2264	additional charge to the obligor.
2265	(6)  The licensing agency shall, when directed by the
2266	court, suspend or deny the license of any licensee under its
2267	jurisdiction found to have a delinquent support obligation or
2268	not to be in compliance with a subpoena, order to appear, order
2269	to show cause, or similar order. The licensing agency shall
2270	issue or reinstate the license without additional charge to the
2271	licensee when notified by the court that the licensee has
2272	complied with the terms of the court order, or subpoena, order
2273	to appear, order to show cause, or similar order.
2274	(7)  Notice shall be served under this section by regular
2275	mail to the obligor at his or her last address of record with
2276	the local depository or a more recent address if known.
2277	Section 34.  Effective upon this act becoming a law,
2278	section 409.259, Florida Statutes, is amended to read:
2279	409.259  Filing fees in Title IV-D cases; electronic filing
2280	of pleadings, returns of service, and other papers.--
2281	(1)  Notwithstanding s. 28.241, each clerk of the circuit
2282	court shall accept petitions, complaints, and motions filed by
2283	the department in Title IV-D cases without billing the
2284	department separately for each filing, as long as the clerk is
2285	being reimbursed in a different manner for expenses incurred in
2286	such filings under the cooperative agreement with the department
2287	pursuant to ss. 61.181(1) and 61.1826(2) and (4).
2288	(2)  Notwithstanding subsection (1), the department shall
2289	continue to be entitled to the other necessary services of the
2290	clerk of court in any proceedings under the IV-D program as
2291	authorized under s. 409.2571.
2292	(3)  The clerks of the circuit court, chief judges through
2293	the Office of the State Courts Administrator, sheriffs, Office
2294	of the Attorney General, and Department of Revenue shall work
2295	cooperatively to implement electronic filing of pleadings,
2296	returns of service, and other papers with the clerks of the
2297	circuit court in Title IV-D cases by October 1, 2009.
2298	Section 35.  Effective October 1, 2005, section 409.821,
2299	Florida Statutes, is amended to read:
2300	409.821  Florida KidCare program public records
2301	exemption.--Notwithstanding any other law to the contrary, any
2302	information identifying a Florida KidCare program applicant or
2303	enrollee, as defined in s. 409.811, held by the Agency for
2304	Health Care Administration, the Department of Children and
2305	Family Services, the Department of Health, or the Florida
2306	Healthy Kids Corporation is confidential and exempt from s.
2307	119.07(1) and s. 24(a), Art. I of the State Constitution. Such
2308	information may be disclosed to another governmental entity only
2309	if disclosure is necessary for the entity to perform its duties
2310	and responsibilities under the Florida KidCare program and shall
2311	be disclosed to the Department of Revenue for purposes of
2312	administering the state Title IV-D program. The receiving
2313	governmental entity must maintain the confidential and exempt
2314	status of such information. Furthermore, such information may
2315	not be released to any person without the written consent of the
2316	program applicant. This exemption applies to any information
2317	identifying a Florida KidCare program applicant or enrollee held
2318	by the Agency for Health Care Administration, the Department of
2319	Children and Family Services, the Department of Health, or the
2320	Florida Healthy Kids Corporation before, on, or after the
2321	effective date of this exemption. A violation of this section is
2322	a misdemeanor of the second degree, punishable as provided in s.
2323	775.082 or s. 775.083.
2324	Section 36.  Effective October 1, 2005, paragraph (a) of
2325	subsection (5) of section 414.065, Florida Statutes, is amended
2326	to read:
2327	414.065  Noncompliance with work requirements.--
2328	(5)  WORK ACTIVITY REQUIREMENTS FOR NONCUSTODIAL PARENTS.--
2329	(a)  The court may order a noncustodial parent who is
2330	delinquent in support payments, pursuant to the terms of a
2331	support order as defined in s. 61.046, to participate in work
2332	activities under this chapter, or as provided in s. 61.14(5)(b),
2333	so that the parent may obtain employment and fulfill the
2334	obligation to provide support payments. A noncustodial parent
2335	who fails to satisfactorily engage in court-ordered work
2336	activities may be held in contempt.
2337	Section 37.  Effective July 1, 2006, subsections (1) and
2338	(3) of section 443.051, Florida Statutes, are amended to read:
2339	443.051  Benefits not alienable; exception, child support
2340	intercept.--
2341	(1)  DEFINITIONS.--As used in this section:
2342	(a)  "Unemployment compensation" means any compensation
2343	payable under state law, including amounts payable pursuant to
2344	an agreement under any federal law providing for compensation,
2345	assistance, or allowances for unemployment.
2346	(b)  "Support obligations" includes only those obligations
2347	that are being enforced under a plan described in s. 454 of the
2348	Social Security Act which has been approved by the Secretary of
2349	Health and Human Services under Part D of Title IV of the Social
2350	Security Act. Support obligations include any legally required
2351	payments to reduce delinquencies, arrearages, or retroactive
2352	support.
2353	(c)  "Support order" means a judgment, decree, or order,
2354	whether temporary or final, issued by a court of competent
2355	jurisdiction or administrative agency for the support and
2356	maintenance of a child that provides for monetary support,
2357	health care, arrearages, or past support. When the child support
2358	obligation is being enforced by the Department of Revenue, the
2359	term "support order" also means a judgment, decree, or order,
2360	whether temporary or final, issued by a court of competent
2361	jurisdiction for the support and maintenance of a child and the
2362	spouse or former spouse of the obligor with whom the child is
2363	living that provides for monetary support, health care,
2364	arrearages, or past support.
2365	(3)  EXCEPTION, SUPPORT INTERCEPT.--
2366	(a)  Each individual filing a new claim for unemployment
2367	compensation must disclose at the time of filing the claim
2368	whether she or he owes support obligations that are being
2369	enforced by the Department of Revenue. If an applicant discloses
2370	that she or he owes support obligations and she or he is
2371	determined to be eligible for unemployment compensation
2372	benefits, the Agency for Workforce Innovation shall notify the
2373	Department of Revenue if the department is enforcing the support
2374	obligation. The Department of Revenue shall, at least biweekly,
2375	provide the Agency for Workforce Innovation with a magnetic tape
2376	or other electronic data file disclosing the individuals who owe
2377	support obligations and the amount of any legally required
2378	deductions.
2379	(b)  For support obligations established on or after July
2380	1, 2006, and for support obligations established before July 1,
2381	2006, when the support order does not address the withholding of
2382	unemployment compensation, the Agency for Workforce Innovation
2383	shall deduct and withhold 40 percent of the unemployment
2384	compensation otherwise payable to an individual disclosed under
2385	paragraph (a). If delinquencies, arrearages, or retroactive
2386	support are owed and repayment has not been ordered, the unpaid
2387	amounts are included in the support obligation and are subject
2388	to withholding. If the amount deducted exceeds the support
2389	obligation, the Department of Revenue shall promptly refund the
2390	amount of the excess deduction to the obligor. For support
2391	obligations in effect before July 1, 2006, if the support order
2392	addresses the withholding of unemployment compensation, the
2393	Agency for Workforce Innovation shall deduct and withhold the
2394	amount ordered by the court or administrative agency that issued
2395	the support order as disclosed by the Department of Revenue. The
2396	Agency for Workforce Innovation shall deduct and withhold from
2397	any unemployment compensation otherwise payable to an individual
2398	disclosed under paragraph (a) who owes support obligations:
2399	1.  The amount determined under an agreement submitted to
2400	the Agency for Workforce Innovation under s. 454(19)(B)(i) of
2401	the Social Security Act by the Department of Revenue;
2402	2.  The amount required to be deducted and withheld from
2403	unemployment compensation through legal process as defined in s.
2404	459 of the Social Security Act; or
2405	3.  The amount otherwise specified by the individual to the
2406	Agency for Workforce Innovation to be deducted and withheld
2407	under this section.
2408	(c)  The Agency for Workforce Innovation shall pay any
2409	amount deducted and withheld under paragraph (b) to the
2410	Department of Revenue.
2411	(d)  Any amount deducted and withheld under this subsection
2412	shall for all purposes be treated as if it were paid to the
2413	individual as unemployment compensation and paid by the
2414	individual to the Department of Revenue for support obligations.
2415	(e)  The Department of Revenue shall reimburse the Agency
2416	for Workforce Innovation for the administrative costs incurred
2417	by the agency under this subsection which are attributable to
2418	support obligations being enforced by the department.
2419	Section 38.  Effective July 1, 2006, subsection (9) of
2420	section 455.203, Florida Statutes, is amended to read:
2421	455.203  Department; powers and duties.--The department,
2422	for the boards under its jurisdiction, shall:
2423	(9)  Work cooperatively with the Department of Revenue to
2424	implement an automated method for periodically disclosing
2425	information relating to current licensees to the Department of
2426	Revenue. Allow applicants for new or renewal licenses and
2427	current licensees to be screened by the Title IV-D child support
2428	agency pursuant to s. 409.2598 to assure compliance with a
2429	support obligation. The purpose of this subsection is to promote
2430	the public policy of this state as established in s. 409.2551.
2431	The department shall, when directed by the court or the
2432	Department of Revenue pursuant to s. 409.2598, suspend or deny
2433	the license of any licensee found not to be in compliance with a
2434	support order, subpoena, order to show cause, or written
2435	agreement entered into by the licensee with the Department of
2436	Revenue to have a delinquent support obligation, as defined in
2437	s. 409.2554. The department shall issue or reinstate the license
2438	without additional charge to the licensee when notified by the
2439	court or the Department of Revenue that the licensee has
2440	complied with the terms of the support court order. The
2441	department shall not be held liable for any license denial or
2442	suspension resulting from the discharge of its duties under this
2443	subsection.
2444	Section 39.  Effective January 1, 2006, subsection (1) of
2445	section 742.10, Florida Statutes, is amended to read:
2446	742.10  Establishment of paternity for children born out of
2447	wedlock.--
2448	(1)  This chapter provides the primary jurisdiction and
2449	procedures for the determination of paternity for children born
2450	out of wedlock. When the establishment of paternity has been
2451	raised and determined within an adjudicatory hearing brought
2452	under the statutes governing inheritance, or dependency under
2453	workers' compensation or similar compensation programs, or when
2454	an affidavit acknowledging paternity or a stipulation of
2455	paternity is executed by both parties and filed with the clerk
2456	of the court, or when an affidavit, a notarized voluntary
2457	acknowledgment of paternity, or a voluntary acknowledgment of
2458	paternity that is witnessed by two individuals and signed under
2459	penalty of perjury as provided for in s. 382.013 or s. 382.016
2460	is executed by both parties, or when paternity is adjudicated by
2461	the Department of Revenue as provided in s. 409.256, such
2462	adjudication, affidavit, or acknowledgment constitutes it shall
2463	constitute the establishment of paternity for purposes of this
2464	chapter. If no adjudicatory proceeding was held, a notarized
2465	voluntary acknowledgment of paternity or voluntary
2466	acknowledgment of paternity that is witnessed by two individuals
2467	and signed under penalty of perjury as specified by s. 92.525(2)
2468	shall create a rebuttable presumption, as defined by s. 90.304,
2469	of paternity and is subject to the right of any signatory to
2470	rescind the acknowledgment within 60 days after the date the
2471	acknowledgment was signed or the date of an administrative or
2472	judicial proceeding relating to the child, including a
2473	proceeding to establish a support order, in which the signatory
2474	is a party, whichever is earlier. Both parents must provide
2475	their social security numbers on any acknowledgment of
2476	paternity, consent affidavit, or stipulation of paternity.
2477	Except for affidavits under seal pursuant to ss. 382.015 and
2478	382.016, the Office of Vital Statistics shall provide certified
2479	copies of affidavits to the Title IV-D agency upon request.
2480	Section 40.  Effective January 1, 2006, paragraph (a) of
2481	subsection (2) of section 760.40, Florida Statutes, is amended
2482	to read:
2483	760.40  Genetic testing; informed consent; confidentiality;
2484	penalties; notice of use of results.--
2485	(2)(a)  Except for purposes of criminal prosecution, except
2486	for purposes of determining paternity as provided in s. 409.256
2487	or s. 742.12(1), and except for purposes of acquiring specimens
2488	from persons convicted of certain offenses or as otherwise
2489	provided in s. 943.325, DNA analysis may be performed only with
2490	the informed consent of the person to be tested, and the results
2491	of such DNA analysis, whether held by a public or private
2492	entity, are the exclusive property of the person tested, are
2493	confidential, and may not be disclosed without the consent of
2494	the person tested. Such information held by a public entity is
2495	exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
2496	of the State Constitution.
2497	Section 41.  Effective October 1, 2005, subsections (1),
2498	(2), and (6) of section 827.06, Florida Statutes, are amended to
2499	read:
2500	827.06  Nonsupport of dependents.--
2501	(1)  The Legislature finds that most noncustodial parents
2502	want to support their children and remain connected to their
2503	families. The Legislature also finds that while many
2504	noncustodial parents lack the financial resources and other
2505	skills necessary to provide that support, some a small
2506	percentage of such parents willfully fail to provide support to
2507	their children even when they are aware of the obligation and
2508	have the ability to do so pursuant to s. 61.30. The Legislature
2509	further finds that existing statutory provisions for civil
2510	enforcement of support have not proven sufficiently effective or
2511	efficient in gaining adequate support for all children.
2512	Recognizing that it is the public policy of this state that
2513	children shall be maintained primarily from the resources of
2514	their parents, thereby relieving, at least in part, the burden
2515	presently borne by the general citizenry through public
2516	assistance programs, it is the intent of the Legislature that
2517	the criminal penalties provided for in this section are to be
2518	pursued in all appropriate cases where exhaustion of appropriate
2519	civil enforcement has not resulted in payment.
2520	(2)  Any person who, after notice as specified in
2521	subsection (6), and who has been previously adjudged in contempt
2522	for failure to comply with a support order, willfully fails to
2523	provide support which he or she has the ability to provide to a
2524	child or a spouse whom the person knows he or she is legally
2525	obligated to support commits a misdemeanor of the first degree,
2526	punishable as provided in s. 775.082 or s. 775.083. In lieu of
2527	any punishment imposed pursuant to s. 775.082 or s. 775.083, any
2528	person who is convicted of a violation of this subsection shall
2529	be punished:
2530	(a)  By a fine to be paid after restitution for:
2531	1.  Not less than $250 nor more than $500 for a first
2532	conviction.
2533	2.  Not less than $500 nor more than $750 for a second
2534	conviction.
2535	3.  Not less than $750 nor more than $1,000 for a third
2536	conviction; and
2537	(b)  By imprisonment for:
2538	1.  Not less than 15 days nor more than 1 month for a first
2539	conviction.
2540	2.  Not less than 1 month nor more than 3 months for a
2541	second conviction.
2542	3.  Not less than 3 months nor more than 6 months for a
2543	third conviction.
2544	(6)  It is the intent of the Legislature for the state
2545	attorneys, the Florida Prosecuting Attorneys Association, and
2546	the Department of Revenue to work collaboratively to identify
2547	strategies that allow the criminal penalties provided for in
2548	this section to be pursued in all appropriate cases, including,
2549	but not limited to, strategies that would assist the state
2550	attorneys in obtaining additional resources from available
2551	federal Title IV-D funds to initiate prosecution pursuant to
2552	this section. The Florida Prosecuting Attorneys Association and
2553	the Department of Revenue shall submit a joint report to the
2554	Governor, the President of the Senate, and the Speaker of the
2555	House of Representatives by December 31, 2005, that includes
2556	identified strategies and recommendations for implementing such
2557	strategies. Prior to commencing prosecution under this section,
2558	the state attorney must notify the person responsible for
2559	support by certified mail, return receipt requested, or by using
2560	any other means permitted for service of process in a civil
2561	action, that a prosecution under this section will be commenced
2562	against him or her unless the person pays the total unpaid
2563	support obligation or provides a satisfactory explanation as to
2564	why he or she has not made such payments.
2565	Section 42.  Except as otherwise proved herein, this act
2566	shall take effect July 1, 2005.

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