HB 1283

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

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