Senate Bill sb1884

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    Florida Senate - 2005                                  SB 1884

    By Senator Campbell





    32-1122A-05

  1                      A bill to be entitled

  2         An act relating to child support; amending s.

  3         61.13, F.S.; providing for a civil penalty,

  4         costs, and attorney's fees against an employer,

  5         union, or plan administrator for failing to

  6         enroll a child in health care coverage;

  7         providing for enforcement by the Department of

  8         Revenue; amending s. 61.1301, F.S.; requiring

  9         the repayment of a support delinquency through

10         an additional income deduction; requiring an

11         obligor contesting an income deduction order

12         rendered by the Title IV-D agency to file the

13         petition with the Title IV-D agency; requiring

14         the Department of Revenue to provide payors

15         with Internet access to income deduction and

16         national medical support notices issued on or

17         after a specified date; amending s. 61.13016,

18         F.S.; providing for suspension of a driver's

19         license to enforce compliance with an order to

20         appear for genetic testing; amending s.

21         61.1354, F.S.; requiring the Department of

22         Revenue to report to consumer reporting

23         agencies the amount of overdue support owed by

24         an obligor and the amount of the obligor's

25         support obligation when the overdue support is

26         paid; amending s. 61.14, F.S.; authorizing a

27         circuit court to order an obligor to seek

28         employment, engage in employment activities,

29         and to inform the court and the Department of

30         Revenue of the employment activities; providing

31         that an obligor may be in contempt of court for

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 1         failing to comply with work-related activities;

 2         providing for recovery of support arrearages

 3         from workers' compensation lump-sum

 4         settlements; requiring the Office of Judges of

 5         Compensation Claims to adopt procedural rules;

 6         requiring local depositories to provide the

 7         Department of Revenue with certain information

 8         each month using electronic means; amending s.

 9         61.1814, F.S.; providing that certain specified

10         fines be deposited in the Child Support

11         Enforcement Application and Program Revenue

12         Trust Fund; amending s. 61.1824, F.S.;

13         requiring the State Disbursement Unit, to the

14         extent feasible, to provide for electronic

15         disbursement of support payments to obligees;

16         requiring certain employers to electronically

17         remit support payments to the State

18         Disbursement Unit by a specified date;

19         authorizing the department to issue waivers;

20         amending s. 120.80, F.S.; providing for entry

21         of final orders by the Division of

22         Administrative Hearings in proceedings to

23         establish paternity or paternity and child

24         support; providing for the right to immediate

25         judicial review to contest an administrative

26         order for genetic testing; providing for

27         judicial enforcement of agency final orders;

28         providing for venue of administrative hearings

29         in paternity proceedings and determinations of

30         noncovered medical expenses; amending s.

31         322.142, F.S.; authorizing the Department of

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    Florida Senate - 2005                                  SB 1884
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 1         Revenue to obtain digital photographs and

 2         signatures from the Department of Highway

 3         Safety and Motor Vehicles for use in

 4         establishing paternity and establishing,

 5         modifying, or enforcing support obligations;

 6         amending s. 382.013, F.S.; requiring the

 7         Department of Health to amend a child's birth

 8         certificate when paternity is established by

 9         the Department of Revenue; amending s. 382.015,

10         F.S.; requiring the clerk of the circuit court

11         to ensure that all judicial determinations of

12         paternity are reported to the Department of

13         Health; requiring the Department of Health to

14         monitor compliance and report data to the

15         clerks of the circuit court; amending s.

16         382.016, F.S.; providing for the Department of

17         Health not to seal birth certificates and

18         related papers when a father is listed under an

19         acknowledgment of paternity; requiring the

20         Department of Health to amend the birth

21         certificate of a child born in this state but

22         whose paternity is established in another

23         state; providing for an exception; requiring

24         the Department of Revenue and other specified

25         organizations to study the feasibility and

26         report on the filing of birth certificates and

27         other documents by electronic means with the

28         Department of Health; amending s. 395.003,

29         F.S.; requiring a hospital that provides

30         birthing services to affirm as part of its

31         application for a new, provisional, or renewal

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 1         license that the hospital will comply with

 2         assisting unmarried parents who request

 3         assistance in executing a voluntary

 4         acknowledgment of paternity; amending s.

 5         409.2557, F.S.; authorizing the Department of

 6         Revenue to adopt rules relating to

 7         administrative proceedings to establish

 8         paternity, paternity and child support orders,

 9         and orders to appear for genetic testing;

10         amending s. 409.2558, F.S.; requiring the

11         Department of Revenue to make reasonable

12         efforts to locate persons to whom collections

13         or refunds are owed; providing for location

14         efforts to include disclosure through a

15         searchable Internet database using appropriate

16         privacy safeguards; creating s. 409.256, F.S.;

17         defining terms relating to administrative

18         procedures to establish paternity and support

19         orders; authorizing the Department of Revenue

20         to establish administrative procedures to

21         determine paternity using the results of

22         genetic testing; providing for notice, an

23         opportunity for an administrative hearing, and

24         the right to judicial review; authorizing the

25         Department of Revenue to combine a paternity

26         proceeding with an administrative proceeding to

27         establish a child support order; providing for

28         administrative orders to order a person to

29         appear for genetic testing; providing for the

30         right to contest the order to appear; providing

31         for the scheduling of genetic testing and for

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 1         the rescheduling of the test for a claim of

 2         good cause; providing specified sanctions for

 3         failing or refusing to submit to genetic

 4         testing; providing for a presumption of

 5         paternity based on genetic testing results;

 6         providing for admissibility of genetic testing

 7         results at administrative hearings; providing

 8         for administrative hearings to be conducted by

 9         the Division of Administrative Hearings;

10         providing that a final order issued by an

11         administrative law judge constitutes final

12         agency action by the Department of Revenue;

13         providing that a final order establishing

14         paternity has the same effect as a judgment

15         entered by a court; requiring a respondent to

16         notify the Department of Revenue of changes of

17         address; providing that subsequent notice by

18         mail is deemed to have been received; providing

19         that the administrative procedures are a

20         supplemental remedy; authorizing the Department

21         of Revenue to adopt rules; amending s.

22         409.2561, F.S.; providing that no obligation of

23         support is incurred by a recipient of

24         supplemental security income or temporary cash

25         assistance for the benefit of a dependent

26         child; amending s. 409.2563, F.S.; authorizing

27         the Department of Revenue to establish an

28         administrative support order when paternity is

29         determined by administrative procedures;

30         creating s. 409.25635, F.S.; authorizing the

31         Department of Revenue to determine in Title

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 1         IV-D cases the amount owed by an obligor for

 2         noncovered medical expenses; defining the term

 3         "noncovered medical expenses"; providing for

 4         notice, an opportunity for an administrative

 5         hearing, and the right to judicial review;

 6         requiring the obligee to prepare a written

 7         declaration under penalty of perjury

 8         documenting the claim; requiring the Department

 9         of Revenue to provide specified information in

10         the notice to proceed; authorizing the

11         Department of Revenue to collect noncovered

12         medical expenses by using the same remedies

13         available for the collection of support;

14         providing that the administrative procedure is

15         a supplemental remedy; providing for the

16         Department of Revenue to adopt rules; amending

17         s. 409.2564, F.S.; requiring that the amount of

18         retroactive support permanently assigned to the

19         state be reduced by a specified percentage when

20         the obligor and the department agree to a

21         support order; amending s. 409.25645, F.S.;

22         requiring a correctional facility to assist a

23         putative father to comply with an

24         administrative order for genetic testing;

25         providing that an administrative order for

26         genetic testing has the same force and effect

27         as a court order; amending s. 409.2567, F.S.;

28         requiring the Department of Revenue to waive

29         the federal application fee and pay the fee for

30         certain applicants; providing for the

31         Department of Revenue to seek a federal waiver

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 1         from the requirement that an individual apply

 2         for Title IV-D services; providing for the

 3         department to adopt rules if a waiver is

 4         granted and begin providing Title IV-D services

 5         if support payments are not paid as ordered

 6         unless the individual elects not to receive

 7         services after notice; amending s. 409.259,

 8         F.S.; requesting the Supreme Court and others

 9         to work cooperatively to implement electronic

10         filing of pleadings and other documents by a

11         specified date; amending s. 409.2598, F.S.;

12         authorizing the Department of Revenue to

13         commence a proceeding to suspend an obligor's

14         occupational, business, trade, professional, or

15         recreational license for noncompliance with a

16         support order; providing for notice by regular

17         mail and an opportunity to contest the

18         suspension of the license in circuit court;

19         providing grounds for contesting the proposed

20         suspension; providing for a stay of the

21         suspension proceedings under certain

22         circumstances; providing for a written

23         agreement with the Department of Revenue to

24         avoid suspension of the license; requiring the

25         Department of Revenue to issue a reinstatement

26         notice if the obligor complies with the support

27         order; providing for the suspension of the

28         license under certain circumstances; providing

29         for reinstatement of the license of the obligor

30         after receiving a court order; authorizing the

31         use of the license-suspension proceedings to

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 1         enforce subpoenas, orders to appear, or similar

 2         orders; providing for a combined proceeding to

 3         suspend an occupational license and a driver's

 4         license; authorizing the Department of Revenue

 5         to adopt rules; amending s. 409.821, F.S.;

 6         requiring the Agency for Health Care

 7         Administration to disclose information

 8         identifying Florida Kidcare applicants or

 9         enrollees to the Department of Revenue for

10         purposes of administering the state's Title

11         IV-D program; amending s. 414.065, F.S.;

12         authorizing a court to order a noncustodial

13         parent who is delinquent under the terms of a

14         support order to participate in work

15         activities; amending s. 443.051, F.S.; defining

16         the terms "support obligations" and "support

17         order"; requiring the Agency for Workforce

18         Innovation to deduct and withhold a specified

19         percentage of the unemployment compensation

20         otherwise payable to an individual; providing

21         for the Department of Revenue to promptly

22         refund any excess deduction to the obligor;

23         providing that the Agency for Workforce

24         Innovation deduct and withhold support

25         according to the terms of the support order as

26         disclosed by the Department of Revenue;

27         amending s. 455.203, F.S.; deleting provisions

28         requiring the Department of Business and

29         Professional Regulation to screen license

30         applicants for compliance with support

31         obligations; amending s. 742.10, F.S.;

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 1         providing that when paternity is adjudicated by

 2         the Department of Revenue, the adjudication

 3         constitutes the establishment of paternity for

 4         purposes of ch. 742, F.S.; amending s. 760.40,

 5         F.S.; requiring that DNA testing be conducted

 6         only with the informed consent of the person

 7         tested, with the exception of genetic testing

 8         in paternity cases; authorizing disclosure of

 9         test results for genetic testing in paternity

10         cases; amending s. 827.06, F.S.; deleting

11         provisions that require exhaustion of civil

12         remedies and other provisions relating to the

13         criminal prosecution for nonsupport; providing

14         for the state attorneys, the Florida

15         Prosecuting Attorneys Association, and the

16         Department of Revenue to identify strategies

17         for pursuing criminal prosecution in

18         appropriate cases; requiring the collaborating

19         group to file a joint report to the Governor,

20         the President of the Senate, and the Speaker of

21         the House of Representatives by a specified

22         date; reenacting s. 61.30(8), F.S., relating to

23         health insurance costs in the child support

24         guidelines, to incorporate the amendment made

25         to s. 61.13, F.S., in a reference thereto;

26         repealing ss. 61.13(1)(e) and 409.2564(7),

27         F.S., relating to a judicial circuit with a

28         work experience and job training pilot project;

29         providing effective dates.

30  

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

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

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

 3  to read:

 4         61.13  Custody and support of children; visitation

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

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

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

 8  is reasonably available. Coverage is reasonably available if

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

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

11  either to provide health care coverage or to reimburse the

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

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

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

15  noncovered medical, dental, and prescription medication

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

17  the basic obligation determined under pursuant to s. 61.30(6).

18  The court may order that payment of uncovered medical, dental,

19  and prescription medication expenses of the minor child be

20  made directly to the obligee on a percentage basis.

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

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

23  union or employer by the obligee when the following conditions

24  are met:

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

26  obligee within 30 days after receiving effective notice of the

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

28  or that application for coverage has been made;

29         b.  The obligee serves written notice of intent to

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

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

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

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

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

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

 5  Social Security Act which requires that the obligor provide

 6  health care coverage is enforceable by the department through

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

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

 9  shall transfer the national medical support notice to the

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

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

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

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

14  medical support notice. The obligor may contest the

15  withholding required by the national medical support notice

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

17  obligor must file a written notice of contest with the

18  department within 15 business days after the date the obligor

19  receives written notification of the national medical support

20  notice from the department. Filing with the department is

21  complete when the notice is received by the person designated

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

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

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

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

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

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

28  satisfaction or if the obligor fails to attend the informal

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

30  informal conference does not resolve the dispute, the obligor

31  may request an administrative hearing under chapter 120 within

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 1  5 business days after the termination of the informal

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

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

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

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

 6  or health plan administrator must implement the withholding as

 7  directed by the national medical support notice unless

 8  notified by the department that the national medical support

 9  notice is terminated.

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

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

12  health care coverage through that union or employer is

13  terminated.

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

15  under pursuant to subparagraph 1., or upon application of the

16  obligor under pursuant to the order, the union or employer

17  shall enroll the minor child as a beneficiary in the group

18  health plan regardless of any restrictions on the enrollment

19  period and withhold any required premium from the obligor's

20  income.  If more than one plan is offered by the union or

21  employer, the child shall be enrolled in the group health plan

22  in which the obligor is enrolled.

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

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

25  or employer shall transfer the notice to the appropriate group

26  health plan administrator within 20 business days after the

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

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

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

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

31  income upon notification by the plan administrator that the

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

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

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

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

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

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

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

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

 9  is withholding premiums for health care coverage under a

10  national medical support notice must notify the department

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

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

13  new employer, if known.

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

15  compliance with a support order may not exceed the amount

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

17  15 U.S.C. s. 1673(b), as amended. The union or employer shall

18  withhold the maximum allowed by the Consumer Credit Protection

19  Act in the following order:

20         (I)  Current support, as ordered.

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

22  ordered.

23         (III)  Past due support, as ordered.

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

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

26  support plus the premium payment for health care coverage

27  exceed the amount allowed under the Consumer Credit Protection

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

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

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

31  

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 1  employer shall withhold the maximum allowed in the following

 2  order:

 3         (I)  Current support, as ordered.

 4         (II)  Past due support, as ordered.

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

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

 7  not comply with the requirements in sub-subparagraph 4.a. is

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

 9  violation and $500 for subsequent violations, plus costs and

10  attorney's fees. The department may file a petition in circuit

11  court to enforce the requirements of this subparagraph.

12         7.6.  The Department of Revenue may adopt rules to

13  administer the child support enforcement provisions of this

14  section that which affect Title IV-D cases.

15         Section 2.  Effective July 1, 2006, paragraphs (b) and

16  (f) of subsection (1) and subsection (3) of section 61.1301,

17  Florida Statutes, are amended, and subsection (5) is added to

18  that section, to read:

19         61.1301  Income deduction orders.--

20         (1)  ISSUANCE IN CONJUNCTION WITH AN ORDER

21  ESTABLISHING, ENFORCING, OR MODIFYING AN OBLIGATION FOR

22  ALIMONY OR CHILD SUPPORT.--

23         (b)  The income deduction order shall:

24         1.  Direct a payor to deduct from all income due and

25  payable to an obligor the amount required by the court to meet

26  the obligor's support obligation including any attorney's fees

27  or costs owed and forward the deducted amount pursuant to the

28  order.

29         2.  State the amount of arrearage owed, if any, and

30  direct a payor to withhold an additional 20 percent or more of

31  the periodic amount specified in the order establishing,

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 1  enforcing, or modifying the obligation, until full payment is

 2  made of any arrearage, attorney's fees and costs owed,

 3  provided no deduction shall be applied to attorney's fees and

 4  costs until the full amount of any arrearage is paid;

 5         3.  Provide that, if a delinquency accrues after the

 6  order establishing, modifying, or enforcing the obligation has

 7  been entered and there is no order for repayment of the

 8  delinquency or a preexisting arrearage, a payor shall deduct

 9  an additional 20 percent of the current support obligation or

10  other amount agreed to by the parties until the delinquency

11  and any attorney's fees and costs are paid in full, provided

12  that no deduction may be applied to attorney's fees and costs

13  until the delinquency is paid in full;

14         4.3.  Direct a payor not to deduct in excess of the

15  amounts allowed under s. 303(b) of the Consumer Credit

16  Protection Act, 15 U.S.C. s. 1673(b), as amended;

17         5.4.  Direct whether a payor shall deduct all, a

18  specified portion, or no income which is paid in the form of a

19  bonus or other similar one-time payment, up to the amount of

20  arrearage reported in the income deduction notice or the

21  remaining balance thereof, and forward the payment to the

22  governmental depository. For purposes of this subparagraph,

23  "bonus" means a payment in addition to an obligor's usual

24  compensation and which is in addition to any amounts

25  contracted for or otherwise legally due and shall not include

26  any commission payments due an obligor;

27         6.5.  In Title IV-D cases, direct a payor to provide to

28  the court depository the date on which each deduction is made;

29         7.6.  In Title IV-D cases, if an obligation to pay

30  current support is reduced or terminated due to emancipation

31  of a child and the obligor owes an arrearage, retroactive

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 1  support, delinquency, or costs, direct the payor to continue

 2  the income deduction at the rate in effect immediately prior

 3  to emancipation until all arrearages, retroactive support,

 4  delinquencies, and costs are paid in full or until the amount

 5  of withholding is modified; and

 6         8.7.  Direct that, where at such time as the State

 7  Disbursement Unit becomes operational, all payments in those

 8  cases in which the obligee is receiving Title IV-D services

 9  and in those cases in which the obligee is not receiving Title

10  IV-D services in which the initial support order was issued in

11  this state on or after January 1, 1994, and in which the

12  obligor's child support obligation is being paid through

13  income deduction, be made payable to and delivered to the

14  State Disbursement Unit. Notwithstanding any other statutory

15  provision to the contrary, funds received by the State

16  Disbursement Unit shall be held, administered, and disbursed

17  by the State Disbursement Unit under pursuant to the

18  provisions of this chapter.

19         (f)  Notice of delinquency. If a support order was

20  entered before January 1, 1994, or the court orders the income

21  deduction to be effective upon a delinquency as provided in

22  paragraph (c), or a delinquency has accrued under an order

23  entered before July 1, 2006, which established, modified, or

24  enforced the obligation, and there is no order for repayment

25  of the delinquency or a preexisting arrearage, the obligee or,

26  in Title IV-D cases, the Title IV-D agency may enforce the

27  income deduction by serving a notice of delinquency on the

28  obligor under this subsection.

29         1.  The notice of delinquency shall state:

30         a.  The terms of the order establishing, enforcing, or

31  modifying the obligation.

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 1         b.  The period of delinquency and the total amount of

 2  the delinquency as of the date the notice is mailed.

 3         c.  All fees or interest which may be imposed.

 4         d.  The total amount of income to be deducted for each

 5  pay period until the arrearage, and all applicable fees and

 6  interest, is paid in full and shall state the total amount of

 7  income to be deducted for each pay period thereafter.  The

 8  amounts deducted may not be in excess of that allowed under s.

 9  303(b) of the Consumer Credit Protection Act, 15 U.S.C. s.

10  1673(b), as amended.

11         e.  That the income deduction order applies to current

12  and subsequent payors and periods of employment.

13         f.  That a copy of the notice of delinquency will be

14  served on the obligor's payor or payors, together with a copy

15  of the income deduction order or, in Title IV-D cases, the

16  income deduction notice, unless the obligor applies to the

17  court to contest enforcement of the income deduction. If the

18  income deduction order being enforced was rendered by the

19  Title IV-D agency under s. 409.2563 and the obligor contests

20  the deduction, the obligor must file a petition for an

21  administrative hearing with the Title IV-D agency. The

22  application or petition shall be filed within 15 days after

23  the date the notice of delinquency was served.

24         g.  That enforcement of the income deduction order may

25  only be contested on the ground of mistake of fact regarding

26  the amount owed pursuant to the order establishing, enforcing,

27  or modifying the obligation, the amount of arrearages, or the

28  identity of the obligor, the payor, or the obligee.

29         h.  That the obligor is required to notify the obligee

30  of the obligor's current address and current payors and of the

31  address of current payors. All changes shall be reported by

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 1  the obligor within 7 days.  If the IV-D agency is enforcing

 2  the order, the obligor shall make these notifications to the

 3  agency instead of to the obligee.

 4         2.  The failure of the obligor to receive the notice of

 5  delinquency does not preclude subsequent service of the income

 6  deduction order or, in Title IV-D cases, the income deduction

 7  notice on the obligor's payor.  A notice of delinquency which

 8  fails to state an arrearage does not mean that an arrearage is

 9  not owed.

10         (3)(a)  It is the intent of the Legislature that this

11  section may be used to collect arrearages in child support or

12  in alimony payments.

13         (b)  In a Title IV-D case, if an obligation to pay

14  current support is reduced or terminated due to the

15  emancipation of a child and the obligor owes an arrearage,

16  retroactive support, delinquency, or costs, income deduction

17  continues at the rate in effect immediately prior to

18  emancipation until all arrearages, retroactive support,

19  delinquencies, and costs are paid in full or until the amount

20  of withholding is modified. Any income-deducted amount that is

21  in excess of the obligation to pay current support shall be

22  credited against the arrearages, retroactive support,

23  delinquency, and costs owed by the obligor. The department

24  shall send notice of this requirement by regular mail to the

25  payor and the depository operated under pursuant to s. 61.181,

26  and the notice shall state the amount of the obligation to pay

27  current support, if any, and the amount owed for arrearages,

28  retroactive support, delinquency, and costs. For income

29  deduction orders entered before July 1, 2004, which do not

30  include this requirement, the department shall send by

31  certified mail, restricted delivery, return receipt requested,

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 1  to the obligor at the most recent address provided by the

 2  obligor to the tribunal that issued the order or a more recent

 3  address if known, notice of this requirement, that the obligor

 4  may contest the withholding as provided by paragraph (2)(f),

 5  and that the obligor may request the tribunal that issued the

 6  income deduction to modify the amount of the withholding. This

 7  paragraph provides an additional remedy for collection of

 8  unpaid support and applies to cases in which a support order

 9  or income deduction order was entered before, on, or after

10  July 1, 2004.

11         (c)  If a delinquency accrues after an order

12  establishing, modifying, or enforcing a support obligation has

13  been entered, an income deduction order entered after July 1,

14  2006, is in effect, and there is no order for repayment of the

15  delinquency or a preexisting arrearage, a payor who is served

16  with an income deduction order, or in a Title IV-D case, an

17  income deduction notice, shall deduct an additional 20 percent

18  of the current support obligation or other amount agreed to by

19  the parties until the delinquency and any attorney's fees and

20  costs are paid in full. No deduction may be applied to

21  attorney's fees and costs until the delinquency is paid in

22  full.

23         (5)  No later than July 1, 2006, the Department of

24  Revenue shall provide a payor with Internet access to income

25  deduction and national medical support notices issued by the

26  department on or after July 1, 2006, concerning an obligor to

27  whom the payor pays income. The department shall provide a

28  payor who requests Internet access with a user code and

29  password to allow the payor to receive notices electronically

30  and to download the information necessary to begin income

31  deduction and health care coverage enrollment. If a

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 1  participating payor does not respond to electronic notice by

 2  accessing the data posted by the department within 48 hours,

 3  the department shall mail the income deduction or medical

 4  support notice to the payor.

 5         Section 3.  Effective January 1, 2006, subsection (4)

 6  is added to section 61.13016, Florida Statutes, to read:

 7         61.13016  Suspension of driver's licenses and motor

 8  vehicle registrations.--

 9         (4)  The procedures prescribed in this section and s.

10  322.058 may be used to enforce compliance with an order to

11  appear for genetic testing.

12         Section 4.  Effective July 1, 2006, subsections (1) and

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

14         61.1354  Sharing of information between consumer

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

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

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

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

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

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

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

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

23  before prior to the release of information, of the IV-D

24  agency's or depository's authority to release information to

25  consumer reporting agencies relating to the amount of current

26  and overdue support owed by the obligor. The obligor must

27  shall be informed of his or her right to request a hearing

28  with the IV-D agency or the court in non-Title-IV-D cases to

29  contest the accuracy of the information.

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

31  appropriate consumer reporting agencies, as identified by the

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

 2  delinquent obligor and the amount of overdue support owed by

 3  the obligor, and the amount of the obligator's current support

 4  obligation when the overdue support is paid. The IV-D agency,

 5  or its designee, shall provide the obligor with written

 6  notice, at least 15 days before prior to the initial release

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

 8  information periodically to the consumer reporting agencies.

 9  The notice shall state the amount of overdue support owed and

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

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

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

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

14  a hearing need be given when updated information concerning

15  the same obligor is periodically released to the consumer

16  reporting agencies.

17         Section 5.  Effective October 1, 2005, paragraph (b) of

18  subsection (5) of section 61.14, Florida Statutes, is amended

19  to read:

20         61.14  Enforcement and modification of support,

21  maintenance, or alimony agreements or orders.--

22         (5)

23         (b)  In a proceeding in circuit court to enforce a

24  support order under this chapter, chapter 88, chapter 409, or

25  chapter 742, or any other provision of law, if the court finds

26  that payments due under the support order are delinquent or

27  overdue and that the obligor is unemployed, underemployed, or

28  has no income but is able to work or participate in job

29  training, the court may order the obligor to:

30         1.  Seek employment;

31  

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 1         2.  File periodic reports with the court, or with the

 2  department if the department is providing Title IV-D services,

 3  detailing the obligor's efforts to seek and obtain employment

 4  during the reporting period;

 5         3.  Notify the court, or the department as appropriate,

 6  upon obtaining employment, income, or property; and

 7         4.  Participate in job training, job placement, work

 8  experience, or other work programs that may be available under

 9  chapter 445 or chapter 446 or from any other source.

10  

11  An obligor who willfully fails to comply with a court order to

12  seek work or participate in other work-related activities may

13  be held in contempt of court. This paragraph is in furtherance

14  of the public policy of ensuring that children are maintained

15  from the resources of their parents to the extent possible. In

16  a judicial circuit with a work experience and job training

17  pilot project, if at the time of the contempt hearing the

18  obligor is unemployed or has no income, then the court shall

19  order the obligor to seek employment, if the obligor is able

20  to engage in employment, and to immediately notify the court

21  upon obtaining employment, upon obtaining any income, or upon

22  obtaining any ownership of any asset with a value of $500 or

23  more. If the obligor is still unemployed 30 days after any

24  order for support, the court may order the obligor to enroll

25  in a work experience, job placement, and job training program

26  for noncustodial parents as established in s. 409.2565, if the

27  obligor is eligible for entrance into the pilot program.

28         Section 6.  Effective December 1, 2005, subsection (8)

29  of section 61.14, Florida Statutes, is amended to read:

30         61.14  Enforcement and modification of support,

31  maintenance, or alimony agreements or orders.--

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 1         (8)  

 2         (a)  When an employee and employer reach agreement for

 3  a lump-sum settlement under s. 440.20(11), the proceeds of the

 4  settlement may not be disbursed to the employee or for

 5  attorney's fees until a judge of compensation claims reviews

 6  the proposed disbursement and enters an order finding that the

 7  settlement provides for the appropriate recovery of any

 8  support arrearage. The employee, or the employee's attorney if

 9  the employee is represented, shall submit a written statement

10  from the Department of Revenue as to whether the worker owes

11  unpaid support and, if so, the amount owed. The judge of

12  compensation claims may also require the employee to submit a

13  similar statement from a local depository established under s.

14  61.181. The employee shall also file a sworn statement with

15  the judge of compensation claims that all existing support

16  obligations have been disclosed to the judge. If the judge

17  finds the proposed allocation of support recovery

18  insufficient, the parties may amend the allocation of proceeds

19  in the settlement agreement to make the allocation sufficient.

20  The Office of Judges of Compensation Claims shall adopt

21  procedural rules to administer this section. When reviewing

22  and approving any lump-sum settlement under s. 440.20(11)(a)

23  and (b), a judge of compensation claims must consider whether

24  the settlement serves the interests of the worker and the

25  worker's family, including, but not limited to, whether the

26  settlement provides for appropriate recovery of any child

27  support arrearage.

28         (b)  In accordance with the provisions of s. 440.22,

29  any compensation due or that may become due an employee under

30  chapter 440 is exempt from garnishment, attachment, execution,

31  

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 1  and assignment of income, except for the purposes of enforcing

 2  child or spousal support obligations.

 3         Section 7.  Effective January 1, 2006, paragraph (g) is

 4  added to subsection (6) of section 61.14, Florida Statutes, to

 5  read:

 6         61.14  Enforcement and modification of support,

 7  maintenance, or alimony agreements or orders.--

 8         (6)

 9         (g)  The local depositories shall send the department

10  monthly by electronic means a list of all Title IV-D and

11  non-Title IV-D support cases in which a judgment by operation

12  of law has been recorded during the month for which the data

13  is provided. At a minimum, the depository shall provide the

14  names of the obligor and obligee, social security numbers of

15  the obligor and obligee, if available, and depository number.

16         Section 8.  Effective January 1, 2006, subsection (2)

17  of section 61.1814, Florida Statutes, is amended to read:

18         61.1814  Child Support Enforcement Application and

19  Program Revenue Trust Fund.--

20         (2)  With the exception of fees required to be

21  deposited in the Clerk of the Court Child Support Enforcement

22  Collection System Trust Fund under s. 61.181(2)(b) and

23  collections determined to be undistributable or unidentifiable

24  under s. 409.2558, the fund shall be used for the deposit of

25  Title IV-D program income received by the department. Each

26  type of program income received shall be accounted for

27  separately. Program income received by the department

28  includes, but is not limited to:

29         (a)  Application fees of nonpublic assistance

30  applicants for child support enforcement services;

31  

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 1         (b)  Court-ordered costs recovered from child support

 2  obligors;

 3         (c)  Interest on child support collections;

 4         (d)  The balance of fees received under s. 61.181(2)(a)

 5  on non-Title IV-D cases required to be processed through the

 6  State Disbursement Unit after the clerk's share is paid; and

 7         (e)  Fines imposed under ss. 409.2564(8),

 8  409.256(7)(b), and 409.2578.

 9         Section 9.  Paragraph (d) of subsection (3) and

10  subsection (6) of section 61.1824, Florida Statutes, are

11  amended to read:

12         61.1824  State Disbursement Unit.--

13         (3)  The State Disbursement Unit shall perform the

14  following functions:

15         (d)  To the extent feasible, use automated procedures

16  for the collection and disbursement of support payments,

17  including, but not limited to, having procedures for:

18         1.  Receipt of payments from obligors, employers, other

19  states and jurisdictions, and other entities.

20         2.  Timely disbursement of payments to obligees, the

21  department, and other state Title IV-D agencies.

22         3.  Accurate identification of payment source and

23  amount.

24         4.  Furnishing any parent, upon request, timely

25  information on the current status of support payments under an

26  order requiring payments to be made by or to the parent,

27  except that in cases described in paragraph (1)(b), before

28  prior to the date the State Disbursement Unit becomes fully

29  operational, the State Disbursement Unit shall not be required

30  to convert and maintain in automated form records of payments

31  kept under pursuant to s. 61.181.

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 1         (e)  Information regarding disbursement must be

 2  transmitted in the following manner:

 3         5.  Electronic disbursement of support payments to

 4  obligees. The State Disbursement Unit shall notify obligees of

 5  the options for electronic disbursement and encourage their

 6  use through promotional material.

 7         (6)

 8         (a)  Effective October 1, 1999, or such earlier date as

 9  the State Disbursement Unit becomes operational, all support

10  payments for cases to which the requirements of this section

11  apply shall be made payable to and delivered to the State

12  Disbursement Unit. Notwithstanding any other statutory

13  provision to the contrary, funds received by the State

14  Disbursement Unit shall be held, administered, and disbursed

15  by the State Disbursement Unit under pursuant to the

16  provisions of this chapter.

17         (b)  Effective October 1, 2006, an employer who employs

18  10 or more employees in any quarter during the preceding state

19  fiscal year or who was subject to and paid tax to the

20  department in an amount of $30,000 or more shall remit support

21  payments deducted under an income deduction order or income

22  deduction notice and provide associated case data to the State

23  Disbursement Unit by electronic means approved by the

24  department. The department shall adopt a rule for electronic

25  remittance and data transfer that, to the extent feasible, is

26  consistent with the rules for electronic filing and remittance

27  of taxes under ss. 213.755 and 443.163. A waiver granted by

28  the department from the requirement to file and remit

29  electronically under s. 213.755 or s. 443.163 constitutes a

30  waiver from the requirement under this paragraph.

31  

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 1         Section 10.  Effective January 1, 2006, paragraph (c)

 2  of subsection (14) of section 120.80, Florida Statutes, is

 3  amended to read:

 4         120.80  Exceptions and special requirements;

 5  agencies.--

 6         (14)  DEPARTMENT OF REVENUE.--

 7         (c)  Proceedings to establish paternity or paternity

 8  and child support; orders to appear for genetic testing;

 9  proceedings for administrative support orders.--In proceedings

10  to establish paternity or paternity and child support under s.

11  409.256, and proceedings for the establishment of

12  administrative support orders under pursuant to s. 409.2563,

13  final orders in cases referred by the Department of Revenue to

14  the Division of Administrative Hearings shall be entered by

15  the division's administrative law judge and transmitted to the

16  Department of Revenue for filing and rendering. The Department

17  of Revenue has the right to seek judicial review under s.

18  120.68 of a final order entered by an administrative law

19  judge. The Department of Revenue or the person ordered to

20  appear for genetic testing may seek immediate judicial review

21  under s. 120.68 of an order issued by an administrative law

22  judge under s. 409.256(5)(b). Final orders that adjudicate

23  paternity or paternity and child support under s. 409.256 and

24  administrative support orders rendered under pursuant to s.

25  409.2563 may be enforced under pursuant to s. 120.69 or,

26  alternatively, by any method prescribed by law for the

27  enforcement of judicial support orders, except contempt.

28  Hearings held by the Division of Administrative Hearings under

29  ss. 409.256 and 409.2563 pursuant to s. 409.2563 shall be held

30  in the judicial circuit where the person receiving services

31  under Title IV-D resides or, if the person receiving services

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 1  under Title IV-D does not reside in this state, in the

 2  judicial circuit where the respondent resides. If the

 3  department and the respondent agree, the hearing may be held

 4  in another location. If ordered by the administrative law

 5  judge, the hearing may be conducted telephonically or by

 6  videoconference.

 7         Section 11.  Effective December 1, 2005, subsection (4)

 8  of section 322.142, Florida Statutes, is amended to read:

 9         322.142  Color photographic or digital imaged

10  licenses.--

11         (4)  The department may maintain a film negative or

12  print file. The department shall maintain a record of the

13  digital image and signature of the licensees, together with

14  other data required by the department for identification and

15  retrieval. Reproductions from the file or digital record shall

16  be made and issued only for departmental administrative

17  purposes; for the issuance of duplicate licenses; in response

18  to law enforcement agency requests; to the Department of

19  Revenue under pursuant to an interagency agreement to use when

20  establishing paternity and establishing, modifying, or

21  enforcing support obligations in Title IV-D cases to

22  facilitate service of process in Title IV-D cases; or to the

23  Department of Financial Services pursuant to an interagency

24  agreement to facilitate the location of owners of unclaimed

25  property, the validation of unclaimed property claims, and the

26  identification of fraudulent or false claims, and are exempt

27  from the provisions of s. 119.07(1).

28         Section 12.  Effective January 1, 2006, present

29  paragraph (e) of subsection (2) of section 382.013, Florida

30  Statutes, is redesignated as paragraph (f), and a new

31  paragraph (e) is added to that section, to read:

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 1         382.013  Birth registration.--A certificate for each

 2  live birth that occurs in this state shall be filed within 5

 3  days after such birth with the local registrar of the district

 4  in which the birth occurred and shall be registered by the

 5  local registrar if the certificate has been completed and

 6  filed in accordance with this chapter and adopted rules. The

 7  information regarding registered births shall be used for

 8  comparison with information in the state case registry, as

 9  defined in chapter 61.

10         (2)  PATERNITY.--

11         (e)  If the paternity of the child is determined under

12  s. 409.256, the name of the father and the surname of the

13  child must be entered on the certificate according to the

14  finding and order of the Department of Revenue.

15         Section 13.  Effective December 1, 2005, section

16  382.015, Florida Statutes, is amended to read:

17         382.015  New certificates of live birth; duty of clerks

18  of court and department.--The clerk of the court in which any

19  proceeding for adoption, annulment of an adoption, affirmation

20  of parental status, or determination of paternity is to be

21  registered, shall within 30 days after the final disposition,

22  forward to the department a certified copy of the court order,

23  or a report of the proceedings upon a form to be furnished by

24  the department, together with sufficient information to

25  identify the original birth certificate and to enable the

26  preparation of a new birth certificate. The clerk of the

27  circuit court shall implement a monitoring and quality control

28  plan to ensure that all judicial determinations of paternity

29  are reported to the department in compliance with this

30  section. The department shall track paternity determinations

31  reported monthly by county, monitor compliance with the 30-day

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 1  timeframe, and report the data quarterly to the clerks of the

 2  circuit court.

 3         (1)  ADOPTION AND ANNULMENT OF ADOPTION.--

 4         (a)  Upon receipt of the report or certified copy of an

 5  adoption decree, together with the information necessary to

 6  identify the original certificate of live birth, and establish

 7  a new certificate, the department shall prepare and file a new

 8  birth certificate, absent objection by the court decreeing the

 9  adoption, the adoptive parents, or the adoptee if of legal

10  age. The certificate shall bear the same file number as the

11  original birth certificate. All names and identifying

12  information relating to the adoptive parents entered on the

13  new certificate shall refer to the adoptive parents, but

14  nothing in the certificate shall refer to or designate the

15  parents as being adoptive.  All other items not affected by

16  adoption shall be copied as on the original certificate,

17  including the date of registration and filing.

18         (b)  Upon receipt of the report or certified copy of an

19  annulment-of-adoption decree, together with the sufficient

20  information to identify the original certificate of live

21  birth, the department shall, if a new certificate of birth was

22  filed following an adoption report or decree, remove the new

23  certificate and restore the original certificate to its

24  original place in the files, and the certificate so removed

25  shall be sealed by the department.

26         (c)  Upon receipt of a report or certified copy of an

27  adoption decree or annulment-of-adoption decree for a person

28  born in another state, the department shall forward the report

29  or decree to the state of the registrant's birth.  If the

30  adoptee was born in Canada, the department shall send a copy

31  

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 1  of the report or decree to the appropriate birth registration

 2  authority in Canada.

 3         (2)  DETERMINATION OF PATERNITY.--Upon receipt of the

 4  report or a certified copy of a final decree of determination

 5  of paternity, together with sufficient information to identify

 6  the original certificate of live birth, the department shall

 7  prepare and file a new birth certificate which shall bear the

 8  same file number as the original birth certificate.  The

 9  registrant's name shall be entered as decreed by the court.

10  The names and identifying information of the parents shall be

11  entered as of the date of the registrant's birth.

12         (3)  AFFIRMATION OF PARENTAL STATUS.--Upon receipt of

13  an order of affirmation of parental status issued under

14  pursuant to s. 742.16, together with sufficient information to

15  identify the original certificate of live birth, the

16  department shall prepare and file a new birth certificate

17  which shall bear the same file number as the original birth

18  certificate.  The names and identifying information of the

19  registrant's parents entered on the new certificate shall be

20  the commissioning couple, but the new certificate may not make

21  reference to or designate the parents as the commissioning

22  couple.

23         (4)  SUBSTITUTION OF NEW CERTIFICATE OF BIRTH FOR

24  ORIGINAL.--When a new certificate of birth is prepared, the

25  department shall substitute the new certificate of birth for

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

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

28  or other state custodian of vital records shall be forwarded

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

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

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

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

 2  certified copy of the original certificate of birth. In an

 3  adoption, change in paternity, affirmation of parental status,

 4  undetermined parentage, or court-ordered substitution, the

 5  department shall place the original certificate of birth and

 6  all papers pertaining thereto under seal, not to be broken

 7  except by order of a court of competent jurisdiction or as

 8  otherwise provided by law.

 9         (5)  FORM.--Except for certificates of foreign birth

10  which are registered as provided in s. 382.017, and delayed

11  certificates of birth which are registered as provided in ss.

12  382.019 and 382.0195, all original, new, or amended

13  certificates of live birth shall be identical in form,

14  regardless of the marital status of the parents or the fact

15  that the registrant is adopted or of undetermined parentage.

16         (6)  RULES.--The department shall adopt and enforce all

17  rules necessary for carrying out the provisions of this

18  section.

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

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

21  amended to read:

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

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

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

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

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

27  amend or replace the original certificate as necessary.

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

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

30  a notarized voluntary acknowledgment of paternity signed by

31  the mother and father acknowledging the paternity of a

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 1  registrant born out of wedlock, or a voluntary acknowledgment

 2  of paternity that is witnessed by two individuals and signed

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

 4  together with sufficient information to identify the original

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

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

 7  the original birth certificate. The names and identifying

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

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

10  changed from that shown on the original birth certificate at

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

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

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

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

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

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

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

18  department shall substitute the new certificate of birth for

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

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

21  or other state custodian of vital records shall be forwarded

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

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

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

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

26  certified copy of the original certificate of birth. Except

27  for birth certificates on which a father is listed under an

28  affidavit or notarized voluntary acknowledgment of paternity

29  signed by the mother and father and except for a voluntary

30  acknowledgment of paternity that is witnessed by two

31  individuals and signed under penalty of perjury as specified

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

 2  certificate of birth and all papers pertaining thereto under

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

 4  jurisdiction or as otherwise provided by law.

 5         Section 15.  Effective October 1, 2005, paragraph (d)

 6  is added to subsection (1) of section 382.016, Florida

 7  Statutes, to read:

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

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

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

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

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

13  amend or replace the original certificate as necessary.

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

15         (d)  For a child born in this state but whose paternity

16  is established in another state, the department shall amend

17  the child's birth certificate to include the name of the

18  father upon receipt of:

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

20  final judgment, or judicial or administrative order from

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

22         2.  A noncertified copy of an acknowledgment of

23  paternity, final judgment, or judicial or administrative order

24  from another state which determines the paternity of the child

25  when provided with an affidavit or written declaration from

26  the Department of Revenue which states that the document was

27  provided by or obtained from the Title IV-D program of another

28  state.

29  

30  The department may not amend the birth certificate of a child

31  to include the name of the father of the child if paternity

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 1  was established by adoption and the father would not be

 2  eligible to adopt under the law of this state.

 3         Section 16.  The Department of Health, the Department

 4  of Revenue, the Florida Hospital Association, the Florida

 5  Association of Court Clerks, and one or more local registrars

 6  shall study the feasibility of filing original and new or

 7  amended birth certificates, documentation of paternity

 8  determinations, and adoptions electronically with the

 9  department. The Department of Health shall submit a report to

10  the Governor, the Cabinet, the President of the Senate, and

11  the Speaker of the House of Representatives by July 1, 2006.

12  The report must include the estimated cost to develop and

13  implement electronic filing, cost savings resulting from

14  electronic filing, and each potential funding source.

15         Section 17.  Effective July 1, 2007, paragraph (c) is

16  added to subsection (5) of section 395.003, Florida Statutes,

17  to read:

18         395.003  Licensure; issuance, renewal, denial,

19  modification, suspension, and revocation.--

20         (5)

21         (c)  A hospital that provides birthing services must

22  affirm in writing as part of an application for a new,

23  provisional, or renewal license that the hospital will comply

24  with s. 382.013(2)(c), which includes assisting unmarried

25  parents who request assistance in executing a voluntary

26  acknowledgment of paternity.

27         Section 18.  Effective January 1, 2006, subsection (3)

28  of section 409.2557, Florida Statutes, is amended to read:

29         409.2557  State agency for administering child support

30  enforcement program.--

31  

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 1         (3)  SPECIFIC RULEMAKING AUTHORITY.--The department may

 2  has the authority to adopt rules under pursuant to ss.

 3  120.536(1) and 120.54 to implement all laws administered by

 4  the department in its capacity as the Title IV-D agency for

 5  this state including, but not limited to, the following:

 6         (a)  Background screening of department employees and

 7  applicants, including criminal records checks;

 8         (b)  Confidentiality and retention of department

 9  records; access to records; record requests;

10         (c)  Department trust funds;

11         (d)  Federal funding procedures;

12         (e)  Agreements with law enforcement and other state

13  agencies; National Crime Information Center (NCIC) access;

14  Parent Locator Service access;

15         (f)  Written agreements entered into between the

16  department and support obligors in establishment, enforcement,

17  and modification proceedings;

18         (g)  Procurement of services by the department, pilot

19  programs, and demonstration projects;

20         (h)  Management of cases by the department involving

21  any documentation or procedures required by federal or state

22  law, including but not limited to, cooperation; review and

23  adjustment; audits; interstate actions; diligent efforts for

24  service of process;

25         (i)  Department procedures for orders for genetic

26  testing; subpoenas to establish, enforce, or modify orders;

27  increasing the amount of monthly obligations to secure

28  delinquent support; suspending or denying driver's and

29  professional licenses and certificates; fishing and hunting

30  license suspensions; suspending vehicle and vessel

31  registrations; screening applicants for new or renewal

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 1  licenses, registrations, or certificates; income deduction;

 2  credit reporting and  accessing; tax refund intercepts;

 3  passport denials; liens; financial institution data matches;

 4  expedited procedures; medical support; and all other

 5  responsibilities of the department as required by state or

 6  federal law;

 7         (j)  Collection and disbursement of support and alimony

 8  payments by the department as required by federal law;

 9  collection of genetic testing costs and other costs awarded by

10  the court;

11         (k)  Report information to and receive information from

12  other agencies and entities;

13         (l)  Provide location services, including accessing

14  from and reporting to federal and state agencies;

15         (m)  Privatizing location, establishment, enforcement,

16  modification, and other functions;

17         (n)  State case registry;

18         (o)  State disbursement unit;

19         (p)  Administrative proceedings to establish paternity

20  or establish paternity and child support, orders to appear for

21  genetic testing, and administrative proceedings to establish

22  child-support obligations; and

23         (q)  All other responsibilities of the department as

24  required by state or federal law.

25         Section 19.  Effective October 1, 2005, paragraph (a)

26  of subsection (2) of section 409.2558, Florida Statutes, is

27  amended to read:

28         409.2558  Support distribution and disbursement.--

29         (2)  UNDISTRIBUTABLE COLLECTIONS.--

30         (a)  The department shall establish by rule the method

31  for determining a collection or refund to a noncustodial

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 1  parent to be undistributable to the final intended recipient.

 2  The department shall make reasonable efforts to locate persons

 3  to whom collections or refunds are owed so that payment can be

 4  made before determining that a collection or refund is

 5  undistributable. Location efforts may include disclosure

 6  through a searchable database of the names of obligees,

 7  obligors, and depository account numbers on the Internet using

 8  appropriate safeguards to protect the privacy of the persons

 9  named in the database.

10         Section 20.  Effective January 1, 2006, section

11  409.256, Florida Statutes, is created to read:

12         409.256  Administrative proceeding to establish

13  paternity or paternity and child support; order to appear for

14  genetic testing.--

15         (1)  DEFINITIONS.--As used in this section, the term:

16         (a)  "Custodian" means a person, other than the mother

17  or a putative father, who has physical custody of a child or

18  with whom the child primarily resides. References in this

19  section to the obligation of a custodian to submit to genetic

20  testing mean that the custodian is obligated to submit the

21  child for genetic testing, not that the custodian must submit

22  to genetic testing.

23         (b)  "Filed" means a document has been received and

24  accepted for filing at the offices of the department by the

25  clerk or an authorized deputy clerk designated by the

26  department.

27         (c)  "Genetic testing" means a scientific analysis of

28  genetic markers which is performed by a qualified technical

29  laboratory to exclude an individual as the parent of a child

30  or to show a probability of paternity.

31  

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 1         (d)  "Paternity proceeding" means an administrative

 2  action commenced by the department to order genetic testing

 3  and establish paternity under this section.

 4         (e)  "Paternity and child-support proceeding" means an

 5  administrative action commenced by the department to order

 6  genetic testing, establish paternity, and establish an

 7  administrative support order under this section.

 8         (f)  "Putative father" means an individual who is or

 9  may be the biological father of a child whose paternity has

10  not been established and whose mother was unmarried when the

11  child was conceived and born.

12         (g)  "Qualified technical laboratory" means a

13  genetic-testing laboratory under contract with the department,

14  which uses tests and methods of a type generally acknowledged

15  as reliable by accreditation bodies designated by the United

16  States Department of Health and Human Services and which is

17  approved by a designated accreditation body. The term also

18  includes a genetic-testing laboratory used by another state,

19  if the laboratory has comparable qualifications.

20         (h)  "Rendered" means that a signed, written order has

21  been filed with the clerk or a deputy clerk of the department

22  and served on the respondent. The date of filing must be on

23  the face of the order at the time of rendition.

24         (i)  "Respondent" means the person or persons served by

25  the department with a notice of proceeding under subsection

26  (4), which includes the putative father and which may include

27  the mother or the custodian of the child.

28         (j)  "State" or "other state" has the same meaning as

29  in s. 88.1011(19).

30         (2)  JURISDICTION; LOCATION OF HEARINGS; RIGHT OF

31  ACCESS TO THE COURTS.--

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 1         (a)  The department may commence a paternity proceeding

 2  or a paternity and child-support proceeding as provided by

 3  subsection (4) if: 

 4         1.  The child's paternity has not been established;

 5         2.  No one is named as the father on the child's birth

 6  certificate or the person named as the father is the putative

 7  father named in an affidavit or written declaration as

 8  provided by subparagraph 5.;

 9         3.  The child's mother was unmarried when the child was

10  conceived and born;

11         4.  The department is providing services under Title

12  IV-D; and

13         5.  The child's mother or a putative father has stated

14  in an affidavit or written declaration as provided by s.

15  92.525(2) that the putative father is or may be the child's

16  biological father. The affidavit or written declaration must

17  set forth the factual basis for the allegation of paternity as

18  provided by s. 742.12(2).

19         (b)  If the department receives a request from another

20  state to assist in the establishment of paternity, the

21  department may serve an order to appear for genetic testing on

22  a person who resides in this state and transmit the test

23  results to the other state without commencing a paternity

24  proceeding in this state.

25         (c)  The department may use the procedures authorized

26  by this section against a nonresident over whom this state may

27  assert personal jurisdiction under chapter 48 or chapter 88.

28         (d)  If a putative father, mother, or custodian in a

29  Title IV-D case voluntarily submits, the department may

30  schedule that individual or the child for genetic testing

31  without serving that individual with an order to appear for

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 1  genetic testing. A respondent, or other person who is subject

 2  to an order to appear for genetic testing, may waive, in

 3  writing or on the record at an administrative hearing, formal

 4  service of notices or orders, or waive any other rights or

 5  time periods prescribed by this section.

 6         (e)  Whenever practicable, hearings held by the

 7  Division of Administrative Hearings under this section shall

 8  be held in the judicial circuit where the person receiving

 9  services under Title IV-D resides or, if the person receiving

10  services under Title IV-D does not reside in this state, in

11  the judicial circuit where the respondent resides. If the

12  department and the respondent agree, the hearing may be held

13  in another location. If ordered by the administrative law

14  judge, the hearing may be conducted telephonically or by video

15  conference.

16         (f)  The Legislature does not intend to limit the

17  jurisdiction of the circuit courts to hear and determine

18  issues regarding establishment of paternity. This section is

19  intended to provide the department with an alternative

20  procedure for establishing paternity and child-support

21  obligations in Title IV-D cases. This section does not

22  prohibit a person from filing a civil action in circuit court

23  for a determination of paternity or child-support obligations.

24         (g)  The provisions of s. 409.2563(2)(e)-(g) apply to a

25  proceeding under this section.

26         (3)  MULTIPLE PUTATIVE FATHERS; MULTIPLE CHILDREN.--If

27  more than one putative father has been named, the department

28  may proceed under this section against a single putative

29  father or may proceed simultaneously against more than one

30  putative father. If a putative father has been named as a

31  possible father of more than one child born to the same

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 1  mother, the department may proceed to establish the paternity

 2  of each child in the same proceeding.

 3         (4)  NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR

 4  PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC

 5  TESTING; MANNER OF SERVICE; CONTENTS.--The department shall

 6  commence a proceeding to determine paternity, or a proceeding

 7  to determine both paternity and child-support, by serving the

 8  respondent with a notice as provided in this section. An order

 9  to appear for genetic testing may be served at the same time

10  as a notice of the proceeding or may be served separately. A

11  copy of the affidavit or written declaration upon which the

12  proceeding is based shall be provided to the respondent when

13  notice is served. A notice or order to appear for genetic

14  testing shall be served by certified mail, restricted

15  delivery, return receipt requested, or in accordance with the

16  requirements for service of process in a civil action. Service

17  by certified mail is completed when the certified mail is

18  received or refused by the addressee or by an authorized agent

19  as designated by the addressee in writing. If a person other

20  than the addressee signs the return receipt, the department

21  shall attempt to reach the addressee by telephone to confirm

22  whether the notice was received, and the department shall

23  document any telephonic communications. If someone other than

24  the addressee signs the return receipt, the addressee does not

25  respond to the notice, and the department is unable to confirm

26  that the addressee has received the notice, service is not

27  completed and the department shall attempt to have the

28  addressee served personally. For purposes of this section, an

29  employee or an authorized agent of the department may serve

30  the notice or order to appear for genetic testing and execute

31  an affidavit of service. The department may serve an order to

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 1  appear for genetic testing on a custodian. The department

 2  shall provide a copy of the notice or order to appear by

 3  regular mail to the mother and custodian, if they are not

 4  respondents.

 5         (a)  A notice of proceeding to establish paternity must

 6  state:

 7         1.  That the department has commenced an administrative

 8  proceeding to establish whether the putative father is the

 9  biological father of the child named in the notice;

10         2.  The name and date of birth of the child and the

11  name of the child's mother;

12         3.  That the putative father has been named in an

13  affidavit or written declaration that states the putative

14  father is or may be the child's biological father;

15         4.  That the respondent is required to submit to

16  genetic testing;

17         5.  That genetic testing will establish either a high

18  degree of probability that the putative father is the

19  biological father of the child or that the putative father

20  cannot be the biological father of the child;

21         6.  That if the results of the genetic test do not

22  indicate a statistical probability of paternity which equals

23  or exceeds 99 percent, the paternity proceeding ends as to

24  that child unless a second or subsequent test is required;

25         7.  That if the results of the genetic test indicate a

26  statistical probability of paternity which equals or exceeds

27  99 percent, the department may:

28         a.  Issue a proposed order of paternity which the

29  respondent may consent to or contest at an administrative

30  hearing; or

31  

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 1         b.  Commence a proceeding, as provided by s. 409.2563,

 2  to establish an administrative support order for the child, in

 3  which notice of that proceeding will be provided to the

 4  respondent by regular mail;

 5         8.  That, if the genetic test results indicate a

 6  statistical probability of paternity which equals or exceeds

 7  99 percent and a proceeding to establish an administrative

 8  support order is commenced, the department will issue a

 9  proposed order that addresses paternity and child support

10  which the respondent may consent to or contest at an

11  administrative hearing;

12         9.  That if a proposed order of paternity or proposed

13  order of both paternity and child support is not contested,

14  the department will adopt the proposed order and render a

15  final order that establishes paternity and, if appropriate, an

16  administrative support order for the child;

17         10.  That, until the proceeding is ended, the

18  respondent shall notify the department in writing of any

19  change in the respondent's mailing address and that the

20  respondent will be deemed to have received any subsequent

21  order, notice, or other paper mailed to the most recent

22  address provided or, if a more recent address is not provided,

23  to the address at which the respondent was served, and that

24  this requirement continues if the department renders a final

25  order that establishes paternity and a support order for the

26  child;

27         11.  That the respondent may file an action in circuit

28  court for a determination of paternity, child-support

29  obligations, or both;

30         12.  That if the respondent files an action in circuit

31  court and serves the department with a copy of the petition or

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 1  complaint within 20 days after being served notice under this

 2  subsection, the administrative process ends without prejudice

 3  and the action must proceed in circuit court; and

 4         13.  That, if paternity is established, the putative

 5  father may file a petition in circuit court for a

 6  determination of matters relating to custody and rights of

 7  parental contact.

 8  

 9  A notice under this paragraph must also notify the respondent

10  of s. 409.2563(4)(m) and (o).

11         (b)  A notice of proceeding to establish paternity and

12  child support must state the matters required by paragraph

13  (a), except for subparagraph (a)7., and must state the matters

14  required by s. 409.2563(4), to the extent that the matters

15  required by s. 409.2563(4) are not already required by and do

16  not conflict with this subsection. This section and s.

17  409.2563 apply to a proceeding commenced under this paragraph.

18         (c)  The order to appear for genetic testing must

19  inform the person ordered to appear:

20         1.  That the department has commenced an administrative

21  proceeding to establish whether the putative father is the

22  biological father of the child;

23         2.  The name and date of birth of the child and the

24  name of the child's mother;

25         3.  That the putative father has been named in an

26  affidavit or written declaration that states the putative

27  father is or may be the child's biological father;

28         4.  The date, time, and place that the person ordered

29  to appear must appear to provide a sample for genetic testing;

30  

31  

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 1         5.  That if the person has custody of the child whose

 2  paternity is the subject of the proceeding, the person must

 3  submit the child to genetic testing;

 4         6.  That when the samples are provided, the person

 5  ordered to appear must verify his or her identity and the

 6  identity of the child, if applicable, by presenting a form of

 7  identification as prescribed by s. 117.05(5)(b)2., which bears

 8  the photograph of the person who is providing the sample, or

 9  other form of verification approved by the department;

10         7.  That if the person ordered to appear submits to

11  genetic testing, the department will pay the cost of the

12  genetic testing and will provide the person ordered to appear

13  with a copy of any test results obtained;

14         8.  That if the person ordered to appear does not

15  appear as ordered or refuses to submit to genetic testing

16  without good cause, the department may take one or more of

17  these actions:

18         a.  Commence proceedings to suspend the driver's

19  license and motor vehicle registration of the person ordered

20  to appear, as provided by s. 61.13016;

21         b.  Impose an administrative fine against the person

22  ordered to appear in the amount of $500; or

23         c.  File a petition in circuit court to establish

24  paternity and obtain a support order for the child and an

25  order for costs against the person ordered to appear,

26  including costs for genetic testing; and 

27         9.  That the person ordered to appear may contest the

28  order by filing a written request for informal review within

29  15 days after the date of service of the order, with further

30  rights to an administrative hearing following the informal

31  review.

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 1         (5)  RIGHT TO CONTEST ORDER TO APPEAR FOR GENETIC

 2  TESTING.--

 3         (a)  The person ordered to appear may contest an order

 4  to appear for genetic testing by filing a written request for

 5  informal review with the department within 15 days after the

 6  date of service of the order. The purposes of informal review

 7  is to provide the person ordered to appear with an opportunity

 8  to discuss the proceeding and the basis of the order. At the

 9  conclusion of the informal review, the department shall notify

10  the person ordered to appear, in writing, whether it will

11  proceed with the order to appear. If the department notifies

12  the person ordered to appear of its intent to proceed, the

13  notice must inform the person ordered to appear of the right

14  to contest the order at an administrative hearing.

15         (b)  The person ordered to appear may file a request

16  for an administrative hearing to contest whether he or she

17  should be required to submit to genetic testing no later than

18  15 days after the department mails the notification that the

19  department will proceed with an order to appear for genetic

20  testing. A request for an administrative hearing must state

21  the specific reasons why the person ordered to appear believes

22  he or she should not be required to submit to genetic testing

23  as ordered. If the person ordered to appear files a timely

24  request for a hearing, the department shall refer the hearing

25  request to the Division of Administrative Hearings. Unless

26  otherwise provided by this section, administrative hearings

27  are governed by chapter 120 and the Uniform Rules of

28  Procedure. The administrative law judge assigned to the case

29  shall issue an order as to whether the person must submit to

30  genetic testing in accordance with the order to appear. The

31  department or the person ordered to appear may seek immediate

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 1  judicial review under s. 120.68 of an order issued by an

 2  administrative law judge under this paragraph.

 3         (c)  If a timely request for an informal review or an

 4  administrative hearing is filed, the department may not

 5  proceed under the order to appear for genetic testing and may

 6  not impose sanctions for failure or refusal to submit to

 7  genetic testing until:

 8         1.  The department has notified the person of its

 9  intent to proceed after informal review, and a timely request

10  for hearing is not filed;

11         2.  The person ordered to appear withdraws the request

12  for hearing or informal review; or

13         3.  The Division of Administrative Hearings issues an

14  order that the person must submit to genetic testing, or

15  issues an order closing the division's file, and that order

16  has become final.

17         (d)  If a request for an informal review or

18  administrative hearing is not timely filed, the person ordered

19  to appear is deemed to have waived the right to a hearing and

20  the department may proceed under the order to appear for

21  genetic testing.

22         (6)  SCHEDULING OF GENETIC TESTING.--

23         (a)  The department shall notify the person ordered to

24  appear, in writing, of the date, time, and place at which the

25  person must appear for genetic testing, and of the requirement

26  to bring documentation to verify his or her identity and the

27  identity of the child, if applicable, when the samples are

28  provided by presenting a form of identification as prescribed

29  by s. 117.05(5)(b)2., which bears the photograph of the person

30  who is providing the sample or other form of verification

31  approved by the department. If the person ordered to appear is

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 1  the putative father or the mother, that person must appear and

 2  submit to genetic testing. If the person ordered to appear is

 3  a custodian, or if the putative father or the mother has

 4  custody of the child, that person must submit the child for

 5  genetic testing.

 6         (b)  The department shall reschedule genetic testing:

 7         1.  One time without cause if, in advance of the

 8  initial test date, the person ordered to appear requests the

 9  department to reschedule the test;

10         2.  One time if the person ordered to appear shows good

11  cause for failure to appear for a scheduled test; or

12         3.  One time upon request of a person ordered to appear

13  against whom sanctions have been imposed as provided by

14  subsection (7).

15  

16  A claim of good cause for failure to appear must be filed with

17  the department within 10 days after the scheduled test date

18  and must state the facts and circumstances supporting the

19  claim. The department shall notify the person ordered to

20  appear, in writing, whether it accepts or rejects the person's

21  claim of good cause. The person does not have a right to a

22  hearing to challenge the department's decision to accept or

23  reject the claim of good cause. The person ordered to appear

24  may raise good cause as a defense to any proceeding initiated

25  by the department under subsection (7).

26         (c)  A person ordered to appear may obtain a second

27  genetic test by filing a written request for a second test

28  with the department within 15 days after the date of mailing

29  of the initial genetic-testing results and by paying the

30  department in advance for the full cost of the second test.

31  

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 1         (d)  The department may schedule and require a second

 2  genetic test if it has reason to believe the results of the

 3  first genetic test may not be reliable.

 4         (e)  Except as provided by paragraph (c) and subsection

 5  (7), the department shall pay for the cost of any genetic

 6  testing ordered under this section.

 7         (7)  FAILURE OR REFUSAL TO SUBMIT TO GENETIC

 8  TESTING.--If a person who is served with an order to appear

 9  for genetic testing fails to appear without good cause, or

10  refuses to submit to testing without good cause, the

11  department may take one or more of the following actions:

12         (a)  Commence a proceeding to suspend the driver's

13  license and motor vehicle registration of the person ordered

14  to appear, as provided by s. 61.13016;

15         (b)  Impose an administrative fine against the person

16  ordered to appear in the amount of $500; or

17         (c)  File a petition in circuit court to establish

18  paternity, obtain a support order for the child, and seek

19  reimbursement from the person ordered to appear for the full

20  cost of genetic testing incurred by the department.

21  

22  A suspended driver's license and motor vehicle registration

23  may be reinstated when the person complies with the order to

24  appear for genetic testing. The department may use civil

25  remedies or other statutory means available to the department

26  to collect any administrative fine imposed under this

27  subsection.

28         (8)  GENETIC-TESTING RESULTS.--The department shall

29  send a copy of the genetic-testing results to the putative

30  father, to the mother, to the custodian, and to the other

31  state, if applicable. If the genetic-testing results,

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 1  including second or subsequent genetic-testing results, do not

 2  indicate a statistical probability of paternity which equals

 3  or exceeds 99 percent, the paternity proceeding ends as to

 4  that child.

 5         (9)  PROPOSED ORDER OF PATERNITY; COMMENCEMENT OF

 6  PROCEEDING TO ESTABLISH ADMINISTRATIVE SUPPORT ORDER; PROPOSED

 7  ORDER OF PATERNITY AND CHILD SUPPORT.--

 8         (a)  If a paternity proceeding has been commenced under

 9  this section and the results of genetic testing indicate a

10  statistical probability of paternity which equals or exceeds

11  99 percent, the department may:

12         1.  Issue a proposed order of paternity as provided by

13  paragraph (b); or

14         2.  If appropriate, delay issuing a proposed order of

15  paternity and commence, by regular mail, an administrative

16  proceeding to establish a support order for the child under s.

17  409.2563 and issue a single proposed order for paternity and

18  child support.

19         (b)  A proposed order of paternity must:

20         1.  State proposed findings of fact and conclusions of

21  law;

22         2.  Include a copy of the results of genetic testing;

23  and

24         3.  Include notice of the respondent's right to

25  informal review and to contest the proposed order of paternity

26  at an administrative hearing.

27         (c)  If a paternity and child support proceeding has

28  been commenced under this section and the results of genetic

29  testing indicate a statistical probability of paternity which

30  equals or exceeds 99 percent, the department may issue a

31  

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 1  single proposed order that includes paternity as provided by

 2  this section and child support as provided by s. 409.2563.

 3         (d)  The department shall serve a proposed order issued

 4  under this section on the respondent by regular mail and shall

 5  provide a copy by regular mail to the mother or custodian, if

 6  they are not respondents.

 7         (10)  INFORMAL REVIEW; ADMINISTRATIVE HEARING;

 8  PRESUMPTION OF PATERNITY.--

 9         (a)  The respondent may contact a department

10  representative at the address or telephone number provided no

11  later than 10 days after the date of mailing or other service

12  of a proposed order in order to request an informal review of

13  the proposed order. If an informal review is timely requested,

14  the time for requesting a hearing is extended until 10 days

15  after the department mails notice to the respondent that the

16  informal review has been concluded.

17         (b)  Within 20 days after the mailing date of the

18  proposed order, or within 10 days after the mailing date of

19  notice that an informal review has been concluded, whichever

20  is later, the respondent may request an administrative

21  hearing. The respondent may request a hearing by filing a

22  written request for a hearing with the department. A request

23  for a hearing must state the specific objections to the

24  proposed order, the specific objections to the genetic testing

25  results, or both. A respondent who fails to file a timely

26  request for a hearing is deemed to have waived the right to a

27  hearing.

28         (c)  If the respondent files a timely request for a

29  hearing, the department shall refer the hearing request to the

30  Division of Administrative Hearings. Unless otherwise provided

31  by this section or by s. 409.2563, the conduct of the

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 1  administrative hearing is governed by chapter 120 and the

 2  Uniform Rules of Procedure.

 3         (d)  The genetic-testing results shall be admitted into

 4  evidence and made a part of the hearing record. For purposes

 5  of this section, a statistical probability of paternity which

 6  equals or exceeds 99 percent creates a presumption that the

 7  putative father is the biological father of the child. The

 8  presumption may be overcome only by clear and convincing

 9  evidence. The respondent or the department may call an expert

10  witness to refute or support the testing procedure or results,

11  or the mathematical theory on which they are based. Verified

12  documentation of the chain of custody of the samples tested is

13  competent evidence to establish the chain of custody.

14         (11)  FINAL ORDER ESTABLISHING PATERNITY OR PATERNITY

15  AND CHILD SUPPORT; CONSENT ORDER; NOTICE TO OFFICE OF VITAL

16  STATISTICS.--

17         (a)  If a hearing is held, the administrative law judge

18  shall issue a final order that adjudicates paternity or, if

19  appropriate, paternity and child support. A final order of the

20  administrative law judge constitutes final agency action by

21  the department. The Division of Administrative Hearings shall

22  transmit the order to the department for filing and rendering.

23         (b)  If the respondent does not file a timely request

24  for a hearing or consents in writing to the entry of a final

25  order without a hearing, the department may render a final

26  order of paternity or a final order of paternity and child

27  support, as appropriate.

28         (c)  The department shall mail a copy of the final

29  order to the putative father, the mother, and the custodian,

30  if any. The department shall notify the respondent of the

31  

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 1  right to seek judicial review of a final order according to s.

 2  120.68.

 3         (d)  Upon rendering a final order of paternity or a

 4  final order of paternity and child support, the department

 5  shall notify the Office of Vital Statistics that the paternity

 6  of the child has been established.

 7         (e)  A final order rendered under this section has the

 8  same effect as a judgment entered by the court under chapter

 9  742.

10         (f)  The provisions of s. 409.2563 which apply to a

11  final administrative support order rendered under that section

12  apply to a final order rendered under this section when a

13  child support obligation is established.

14         (12)  RIGHT TO JUDICIAL REVIEW.--A respondent has the

15  right to seek judicial review, according to s. 120.68, of a

16  final order rendered under subsection (11) and an order issued

17  under paragraph (5)(b). The department has the right to seek

18  judicial review, according to s. 120.68, of a final order

19  issued by an administrative law judge under subsection (11)

20  and an order issued by an administrative law judge under

21  paragraph (5)(b).

22         (13)  DUTY TO PROVIDE AND MAINTAIN CURRENT MAILING

23  ADDRESS.--Until a proceeding that has been commenced under

24  this section has ended, a respondent who is served with a

25  notice of proceeding must inform the department, in writing,

26  of any change in the respondent's mailing address and is

27  deemed to have received any subsequent order, notice, or other

28  paper mailed to that address, or the address at which the

29  respondent was served, if the respondent has not provided a

30  more recent address.

31  

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 1         (14)  PROCEEDINGS IN CIRCUIT COURT.--The results of

 2  genetic testing performed under this section are admissible as

 3  evidence to the same extent as scientific testing ordered by

 4  the court under chapter 742.

 5         (15)  GENDER NEUTRAL.--This section shall be construed

 6  impartially, regardless of a person's gender, and applies with

 7  equal force to the mother of a child whose paternity has not

 8  been established and is not presumed by law.

 9         (16)  REMEDIES SUPPLEMENTAL.--The remedies provided by

10  this section are supplemental and in addition to other

11  remedies available to the department for establishing

12  paternity and child support obligations.

13         (17)  RULEMAKING AUTHORITY.--The department may adopt

14  rules to administer this section.

15         Section 21.  Effective July 1, 2005, subsection (4) of

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

17         409.2561  Support obligations when public assistance is

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

19  insurance information.--

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

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

22  security income or temporary cash assistance public assistance

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

24  incapacitated and financially unable to pay as determined by

25  the department.

26         Section 22.  Effective January 1, 2006, paragraphs (b)

27  and (c) of subsection (2) of section 409.2563, Florida

28  Statutes, are amended to read:

29         409.2563  Administrative establishment of child support

30  obligations.--

31         (2)  PURPOSE AND SCOPE.--

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 1         (b)  The administrative procedure set forth in this

 2  section concerns only the establishment of child support

 3  obligations. This section does not grant jurisdiction to the

 4  department or the Division of Administrative Hearings to hear

 5  or determine issues of dissolution of marriage, separation,

 6  alimony or spousal support, termination of parental rights,

 7  dependency, disputed paternity except for a determination of

 8  paternity as provided by s. 409.256, award of or change of

 9  custody, or visitation. This paragraph notwithstanding, the

10  department and the Division of Administrative Hearings may

11  make findings of fact that are necessary for a proper

12  determination of a noncustodial parent's support obligation as

13  authorized by this section.

14         (c)  If there is no support order for a child in a

15  Title IV-D case whose paternity has been established or is

16  presumed by law, or whose paternity is the subject of a

17  proceeding under s. 409.256, the department may establish the

18  noncustodial parent's child support obligation under pursuant

19  to this section, s. 61.30, and other relevant provisions of

20  state law. The noncustodial parent's obligation determined by

21  the department may include any obligation to pay retroactive

22  support and any obligation to provide for health care for a

23  child, whether through insurance coverage, reimbursement of

24  expenses, or both. The department may proceed on behalf of:

25         1.  An applicant or recipient of public assistance, as

26  provided by ss. 409.2561 and 409.2567;

27         2.  A former recipient of public assistance, as

28  provided by s. 409.2569;

29         3.  An individual who has applied for services as

30  provided by s. 409.2567;

31         4.  Itself or the child, as provided by s. 409.2561; or

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 1         5.  A state or local government of another state, as

 2  provided by chapter 88.

 3         Section 23.  Effective October 1, 2006, section

 4  409.25635, Florida Statutes, is created to read:

 5         409.25635  Determination and collection of noncovered

 6  medical expenses.--

 7         (1)  DEFINITION.--As used in this section, the term

 8  "noncovered medical expenses" means uninsured medical, dental,

 9  or prescription medication expenses that are ordered to be

10  paid on behalf of a child as provided by s. 61.13(1)(b) or a

11  similar law of another state.

12         (2)  PROCEEDING TO DETERMINE AMOUNT OWED FOR NONCOVERED

13  MEDICAL EXPENSES.--In a Title IV-D case, the department may

14  proceed under this section to determine the amount owed by an

15  obligor for noncovered medical expenses if:

16         (a)  The obligor is subject to a support order that

17  requires the obligor to pay all or part of a child's

18  noncovered medical expenses;

19         (b)  The obligee provides the department with a written

20  declaration under penalty of perjury that states:

21         1.  Noncovered medical expenses have been incurred on

22  behalf of the dependent child whom the obligor has been

23  ordered to support;

24         2.  The obligee has paid for noncovered medical

25  expenses that have been incurred on behalf of the child;

26         3.  The obligor has not paid all or part of the child's

27  noncovered medical expenses as ordered; and

28         4.  The amount paid by the obligee for noncovered

29  medical expenses and the amount the obligor allegedly owes to

30  the obligee; and

31  

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 1         (c)  The obligee provides documentation in support of

 2  the written declaration.

 3         (3)  NOTICE OF PROCEEDING.--

 4         (a)  To proceed under this section the department shall

 5  serve a notice on the obligor which states:

 6         1.  That the department has commenced a proceeding to

 7  determine the amount the obligor owes for noncovered medical

 8  expenses;

 9         2.  The name of the court or other tribunal that issued

10  the support order that requires the obligor to pay noncovered

11  medical expenses and the date of the order;

12         3.  That the proceeding is based on the requirements of

13  the support order, the obligee's written sworn statement, and

14  the supporting documentation provided to the department by the

15  obligee;

16         4.  The amount of noncovered medical expenses that the

17  obligee alleges the obligor owes;

18         5.  That the obligor may file a motion in the circuit

19  court to contest the amount of noncovered medical expenses

20  owed within 25 days after the date of mailing of the notice,

21  if the support order was entered by a court of this state or a

22  tribunal of another state. If the support order was entered by

23  the department, the obligor may file with the department a

24  petition to contest the amount owed within 25 days after the

25  date of mailing of the notice;

26         6.  That the court will determine the amount owed by

27  the obligor and enter judgment, as appropriate, if the obligor

28  timely files a motion in the circuit court to contest the

29  amount of noncovered medical expenses owed and if the support

30  order was entered by a court of this state or a tribunal of

31  another state. If the support order was entered by the

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 1  department, the department will determine the amount owed by

 2  the obligor and render a final order as appropriate if the

 3  obligor timely files with the department a petition to contest

 4  the amount of noncovered medical expenses owed;

 5         7.  That the obligor will owe the amount alleged in the

 6  notice if the obligor does not timely file a motion or

 7  petition to contest the amount; and

 8         8.  That the department will attempt to collect the

 9  amount owed if an amount owed is determined after a hearing or

10  becomes final because the obligor does not file a timely

11  motion or petition to contest the amount.

12         (b)  The notice shall be served on the obligor by

13  regular mail sent to the obligor's address of record with the

14  clerk of court, or with the department if the support order

15  was entered by the department, or a more recent address if

16  known. A copy of the obligee's written declaration and

17  supporting documentation must be served on the obligor with

18  the notice. The department shall provide the obligee with a

19  copy of the notice and with any subsequent notice of hearing.

20         (4)  RIGHT TO HEARING; DETERMINATION AFTER HEARING;

21  WAIVER OF HEARING.--

22         (a)  The obligor may file a motion in the circuit court

23  within 25 days after the date the notice required by

24  subsection (3) is mailed to contest the amount of noncovered

25  medical expenses owed if the support order was entered by a

26  court of this state or a tribunal of another state. If a

27  timely motion is filed, the court shall conduct a hearing to

28  determine if the obligor owes the obligee the amount alleged

29  for noncovered medical expenses and enter judgment as

30  appropriate.

31  

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 1         (b)  If the support order was entered by the

 2  department, the obligor may file with the department a

 3  petition to contest the amount of noncovered medical expenses

 4  owed no later than 25 days after the date the notice required

 5  by subsection (3) is mailed. If a timely petition is filed,

 6  the department shall conduct a hearing under chapter 120 to

 7  determine if the obligor owes the obligee for the amount

 8  alleged for noncovered medical expenses and render a final

 9  order as appropriate.

10         (c)  If the obligor does not timely file a motion or

11  petition to contest the amount owed, the amount owed alleged

12  in the notice becomes final and legally enforceable.

13         (5)  EFFECT OF DETERMINATION BY THE DEPARTMENT AND

14  UNCONTESTED PROCEEDINGS.--The amount owed for noncovered

15  medical expenses which is determined by the department as

16  provided by paragraph (4)(b) or which becomes final as

17  provided by paragraph (4)(c) has the same effect as a judgment

18  entered by a court.

19         (6)  FILING WITH THE DEPOSITORY; RECORDING; MAINTENANCE

20  OF ACCOUNTS.--When an amount owed for noncovered medical

21  expenses is determined, the department shall file a certified

22  copy of the final order or uncontested notice with the

23  depository. Upon receipt of a final order or uncontested

24  notice, the depository shall record the final order or

25  uncontested notice in the same manner as a final judgment. The

26  depository shall maintain necessary accounts to reflect

27  obligations and payments for noncovered medical expenses.

28         (7)  COLLECTION ACTION; ADMINISTRATIVE REMEDIES.--Any

29  administrative remedy available for collection of support may

30  be used to collect noncovered medical expenses that are

31  determined or established under this section.

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 1         (8)  SUPPLEMENTAL REMEDY.--This section provides a

 2  supplemental remedy for determining and collecting noncovered

 3  medical expenses. As an alternative, the department or any

 4  other party may petition the circuit court for enforcement of

 5  an obligation to pay noncovered medical expenses.

 6         (9)  RULEMAKING AUTHORITY.--The department may adopt

 7  rules to administer this section.

 8         Section 24.  Effective January 1, 2006, subsection (4)

 9  of section 409.2564, Florida Statutes, is amended to read:

10         409.2564  Actions for support.--

11         (4)  Whenever the department has undertaken an action

12  for enforcement of support, the department may enter into an

13  agreement with the obligor for the entry of a judgment

14  determining paternity, if applicable, and for periodic child

15  support payments based on the support guidelines in s. 61.30

16  obligor's reasonable ability to pay. Before Prior to entering

17  into this agreement, the obligor shall be informed that a

18  judgment will be entered based on the agreement.  The clerk of

19  the court shall file the agreement without the payment of any

20  fees or charges, and the court, upon entry of the judgment,

21  shall forward a copy of the judgment to the parties to the

22  action. To encourage settlements without litigation and to

23  promote support order compliance, if the obligor and the

24  department agree on entry of a support order and its terms,

25  the guideline amount owed for retroactive support which is

26  permanently assigned to the state shall be reduced by 25

27  percent. In making a determination of the obligor's reasonable

28  ability to pay and until guidelines are established for

29  determining child support award amounts, the following

30  criteria shall be considered:

31  

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 1         (a)  All earnings, income, and resources of the

 2  obligor.

 3         (b)  The ability of the obligor to earn.

 4         (c)  The reasonable necessities of the obligor.

 5         (d)  The needs of the dependent child for whom support

 6  is sought.

 7         Section 25.  Effective October 1, 2005, section

 8  409.25645, Florida Statutes, is amended to read:

 9         409.25645  Administrative orders for genetic testing.--

10         (1)  The department is authorized to use administrative

11  orders to require genetic testing in Title IV-D cases.  In

12  these such cases the department or an authorized agent may

13  issue an administrative order to a putative father who has not

14  voluntarily submitted to genetic testing, directing him to

15  appear for a genetic test to determine the paternity of a

16  child, provided that the department has shall have no

17  authority to issue such an order in the absence of an

18  affidavit or written declaration as provided in s. 92.525(2)

19  of the child's mother stating that the putative father is or

20  may be a parent of the child. The administrative order shall

21  state:

22         (a)(1)  The type of genetic test that will be used.

23         (b)(2)  The date, time, and place to appear for the

24  genetic test, except as provided in subsection (3).

25         (c)(3)  That upon failure to appear for the genetic

26  test, or refusal to be tested, the department shall file a

27  petition in circuit court to establish paternity and child

28  support.

29         (2)  A copy of the affidavit or written declaration

30  which is the basis for the issuance of the administrative

31  order shall be attached to the order.  The administrative

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 1  order is exempt from the hearing provisions in chapter 120,

 2  because the person to whom it is directed shall have an

 3  opportunity to object in circuit court in the event the

 4  department pursues the matter by filing a petition in circuit

 5  court.  The department may serve the administrative order to

 6  appear for a genetic test by regular mail.  In any case in

 7  which more than one putative father has been identified, the

 8  department may proceed under this section with respect to all

 9  putative fathers.  If the department receives a request from

10  another state Title IV-D agency to assist in the establishment

11  of paternity, the department may cause an administrative order

12  to appear for a genetic test to be served on a putative father

13  who resides in Florida.

14         (3)  If the putative father is incarcerated, the

15  correctional facility shall assist the putative father to

16  comply with the administrative order, whether issued under

17  this section or s. 409.256.

18         (4)  An administrative order for genetic testing has

19  the same force and effect as an order of the court.

20         Section 26.  Effective October 1, 2005, section

21  409.2567, Florida Statutes, is amended to read:

22         409.2567  Services to individuals not otherwise

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

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

25  Services shall be provided upon acceptance of public

26  assistance or upon proper application filed with the

27  department. The federally required application fee for

28  individuals who do not receive public assistance is $1, which

29  shall be waived for all applicants and paid by the department.

30  The department shall adopt rules to provide for the payment of

31  a $25 application fee from each applicant who is not a public

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 1  assistance recipient. The application fee shall be deposited

 2  in the Child Support Enforcement Application and Program

 3  Revenue Trust Fund within the Department of Revenue to be used

 4  for the Child Support Enforcement Program. The obligor is

 5  responsible for all administrative costs, as defined in s.

 6  409.2554. The court shall order payment of administrative

 7  costs without requiring the department to have a member of the

 8  bar testify or submit an affidavit as to the reasonableness of

 9  the costs. An attorney-client relationship exists only between

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

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

12  cases that the attorney represents the agency and not the

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

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

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

16  court, shall be assessed only against the nonprevailing

17  obligor after the court makes a determination of the

18  nonprevailing obligor's ability to pay the such costs and

19  fees. In any case where the court does not award all costs,

20  the court shall state in the record its reasons for not

21  awarding the costs. The Department of Revenue is shall not be

22  considered a party for purposes of this section; however, fees

23  may be assessed against the department under pursuant to s.

24  57.105(1). The department shall submit a monthly report to the

25  Governor and the chairs of the Health and Human Services

26  Fiscal Committee of the House of Representatives and the Ways

27  and Means Committee of the Senate specifying the funds

28  identified for collection from the noncustodial parents of

29  children receiving temporary assistance and the amounts

30  actually collected. The department shall seek a waiver from

31  the United States Secretary of Health and Human Services to

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 1  authorize the department to provide services to individuals

 2  who are owed support in accordance with Title IV-D of the

 3  Social Security Act, without need of an application. If the

 4  waiver is granted, the department shall adopt rules to

 5  implement the waiver and begin providing Title IV-D services

 6  to those who are owed support but are not receiving support

 7  payments as ordered. However, the department must first give

 8  written notice to an individual who is owed support of his or

 9  her right to refuse Title IV-D services and a reasonable time

10  to respond.

11         Section 27.  Section 409.259, Florida Statutes, is

12  amended to read:

13         409.259  Filing fees in Title IV-D cases; electronic

14  filing of pleadings and other papers.--

15         (1)  Notwithstanding s. 28.241, each clerk of the

16  circuit court shall accept petitions, complaints, and motions

17  filed by the department in Title IV-D cases without billing

18  the department separately for each filing, as long as the

19  clerk is being reimbursed in a different manner for expenses

20  incurred in such filings under the cooperative agreement with

21  the department under pursuant to ss. 61.181(1) and 61.1826(2)

22  and (4).

23         (2)  Notwithstanding subsection (1), the department is

24  shall continue to be entitled to the other necessary services

25  of the clerk of court in any proceedings under the IV-D

26  program as authorized under s. 409.2571.

27         (3)  The Supreme Court, clerks of the circuit court,

28  chief judges, sheriffs, the Office of the Attorney General,

29  the Office of the State Courts Administrator, and the

30  Department of Revenue shall work cooperatively to implement

31  electronic filing of pleadings, returns of service, and other

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 1  papers with the clerks of the circuit court in Title IV-D

 2  cases by October 1, 2009.

 3         Section 28.  Effective July 1, 2006, section 409.2598,

 4  Florida Statutes, is amended to read:

 5         409.2598  License-suspension proceeding to enforce a

 6  support order Suspension or denial of new or renewal licenses;

 7  registrations; certifications.--

 8         (1)  As used in this section, the term:

 9         (a)  "License" means a license, permit, certificate,

10  registration, franchise, or other form of written permission

11  issued by a licensing agency to an individual which authorizes

12  the individual to engage in an occupation, business, trade, or

13  profession or to engage in a recreational activity, including

14  hunting or fishing. Where the context permits, the term also

15  includes an application for a new or renewal license.

16         (b)  "Licensee" means an individual who has a license.

17         (c)  "Licensing agency" means a department, commission,

18  agency, district, county, municipality, or other subdivision

19  of state or local government which issues licenses.

20         (2)  The department may commence a license-suspension

21  proceeding to enforce compliance with a support order if an

22  obligor has not complied with the order for at least 30 days

23  by providing written notice to an obligor which states:

24         (a)  That the obligor is not in compliance with the

25  support order and specifies that the noncompliance is due to

26  the obligor's nonpayment of current support, delinquencies, or

27  arrears, or the failure to provide health care coverage or

28  medical support;

29         (b)  The kind of license that is subject to suspension;

30         (c)  That the obligor may avoid suspension of the

31  license by complying with the support order or entering into a

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 1  written agreement with the department no later than 30 days

 2  after the notice was mailed;

 3         (d)  That the license-suspension proceeding will cease

 4  and the license will not be suspended if the obligor timely

 5  complies with the support order or a written agreement entered

 6  into with the department;

 7         (e)  That the obligor may contest the license

 8  suspension by filing a petition in circuit court within 30

 9  days after the notice of noncompliance was mailed; and

10         (f)  That the license-suspension proceeding is stayed

11  pending a ruling by the court if the obligor files a timely

12  petition with the circuit court.

13  

14  The notice shall be served on the obligor by regular mail sent

15  to the obligor's last address of record on file with the local

16  depository or a more recent address, if known, which may

17  include the obligor's mailing address as reflected by the

18  records of the licensing agency.

19         (3)  The obligor may contest license suspension by

20  filing a petition in circuit court within 30 days after the

21  notice of noncompliance has been mailed and by serving a copy

22  of the petition on the department. If the obligor timely files

23  a petition in circuit court, the license-suspension proceeding

24  is stayed pending a ruling by the court. The obligor may

25  contest the license suspension on the basis of a mistake of

26  fact concerning the obligor's compliance with the support

27  order, the reasonableness of a payment agreement offered by

28  the department, or the identity of the obligor. A petition to

29  contest the license suspension must be heard by the court

30  within 15 days after the petition is filed. The court must

31  

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 1  enter an order ruling on the matter within 10 days after the

 2  hearing and a copy of the order must be served on the parties.

 3         (4)(a)  If the obligor complies with the support order

 4  or with the written agreement entered into with the department

 5  after a proceeding is commenced but before the obligor's

 6  license is suspended, the proceeding shall end and the license

 7  may not be suspended. If the obligor at a later date fails to

 8  comply with the support order or agreement, the department may

 9  commence a new proceeding or proceed as provided in paragraph

10  (c).

11         (b)  If the obligor complies with the support order or

12  a written agreement entered into with the department after the

13  obligor's license is suspended, the department must provide

14  the obligor with a reinstatement notice and the agency that

15  issued the license must reinstate the license at no additional

16  charge to the obligor.

17         (c)  If the obligor enters into a written agreement

18  with the department and later does not comply with it, the

19  department shall notify the agency issuing the license to

20  suspend the license unless the obligor notifies the department

21  that the obligor cannot comply with the written agreement. If

22  the obligor notifies the department of the inability to comply

23  with the written agreement, the obligor shall provide full

24  disclosure to the department of the obligor's income, assets,

25  and employment. If after full disclosure the written agreement

26  cannot be renegotiated, the department or the obligor may file

27  a petition in circuit court to determine the matter.

28         (d)  The agency issuing the license shall promptly

29  reinstate the license of the obligor after receiving a court

30  order for reinstating the license.

31  

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 1         (e)  Notwithstanding any other law, a notice from a

 2  court or the department to reinstate a license shall reinstate

 3  to a licensee all licenses established in chapters 370 and 372

 4  that were valid at the time of suspension.

 5         (5)(a)  The department shall notify the licensing

 6  agency to suspend the license of an obligor when:

 7         1.  Thirty or more days have elapsed after a proceeding

 8  has been commenced and the obligor has not complied with the

 9  support order or a written agreement entered into with the

10  department or filed a timely petition to contest license

11  suspension in circuit court;

12         2.  The obligor enters into a written agreement with

13  the department and does not comply with it, unless the obligor

14  notifies the department that the obligor can no longer comply

15  with the written agreement; or

16         3.  Ordered to do so by the circuit court.

17         (b)  Upon notice by the department or the circuit

18  court, the agency issuing the license shall suspend the

19  license of the obligor and may reinstate the license only

20  after receiving notice from the department or the court.

21         (6)  A license may be suspended under this section to

22  enforce compliance with a subpoena, order to appear, order to

23  show cause, or similar order in a child support or paternity

24  proceeding by using the same procedures for enforcing

25  compliance with a support order.

26         (7)  The department may combine a proceeding under this

27  section with a proceeding to suspend a driver's license under

28  s. 61.13016. A proceeding to suspend a license under this

29  section may apply to one or more of the licenses issued to the

30  obligor.

31  

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 1         (8)  The department may adopt rules to administer and

 2  enforce the requirements of this section. The Title IV-D

 3  agency may petition the court that entered the support order

 4  or the court that is enforcing the support order to deny or

 5  suspend the license of any obligor with a delinquent support

 6  obligation or who fails, after receiving appropriate notice,

 7  to comply with subpoenas, orders to appear, orders to show

 8  cause, or similar orders relating to paternity or support

 9  proceedings. However, a petition may not be filed until the

10  Title IV-D agency has exhausted all other available remedies.

11  The purpose of this section is to promote the public policy of

12  the state as established in s. 409.2551.

13         (3)  The Title IV-D agency shall give notice to any

14  obligor who is an applicant for a new or renewal license or

15  the holder of a current license when a delinquency exists in

16  the support obligation or when an obligor has failed to comply

17  with a subpoena, order to appear, order to show cause, or

18  similar order relating to paternity or support proceeding. The

19  notice shall specify that the obligor has 30 days from the

20  date of mailing of the notice to pay the delinquency or to

21  reach an agreement to pay the delinquency with the Title IV-D

22  agency or comply with the subpoena, order to appear, order to

23  show cause, or similar order. The notice shall specify that,

24  if payment is not made or an agreement cannot be reached, or

25  if the subpoena, order to appear, order to show cause, or

26  similar order is not complied with, the application may be

27  denied or the license may be suspended pursuant to a court

28  order.

29         (4)  If the obligor fails to pay the delinquency or

30  enter into a repayment agreement with the department or comply

31  with the subpoena, order to appear, order to show cause, or

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 1  similar order within 30 days following completion of service

 2  of the notice, the Title IV-D agency shall send a second

 3  notice to the obligor stating that the obligor has 30 days to

 4  pay the delinquency or reach an agreement to pay the

 5  delinquency with the Title IV-D agency or comply with the

 6  subpoena, order to appear, order to show cause, or similar

 7  order.  If the obligor fails to respond to either notice from

 8  the Title IV-D agency or if the obligor fails to pay the

 9  delinquency or reach an agreement to pay the delinquency or

10  comply with the subpoena, order to appear, order to show

11  cause, or similar order after the second notice, the Title

12  IV-D agency may petition the court which entered the support

13  order or the court which is enforcing the support order to

14  deny the application for the license or to suspend the license

15  of the obligor. However, no petition may be filed until the

16  Title IV-D agency has exhausted all other available remedies.

17  The court may find that it would be inappropriate to deny a

18  license or suspend a license if:

19         (a)  Denial or suspension would result in irreparable

20  harm to the obligor or employees of the obligor or would not

21  accomplish the objective of collecting the delinquency; or

22         (b)  The obligor demonstrates that he or she has made a

23  good faith effort to reach an agreement with the Title IV-D

24  agency.

25  

26  The court may not deny or suspend a license if the court

27  determines that an alternative remedy is available to the

28  Title IV-D agency which is likely to accomplish the objective

29  of collecting the delinquency or obtaining compliance with the

30  subpoena, order to appear, order to show cause, or similar

31  order. If the obligor fails in the defense of a petition for

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 1  denial or suspension, the court which entered the support

 2  order or the court which is enforcing the support order shall

 3  enter an order to deny the application for the license or to

 4  suspend the license of the obligor.  The court shall order the

 5  obligor to surrender the license to the Title IV-D agency,

 6  which will return the license and a copy of the order of

 7  suspension to the appropriate licensing agency.

 8         (5)  If the court denies or suspends a license and the

 9  obligor subsequently pays the delinquency or reaches an

10  agreement with the Title IV-D agency to settle the delinquency

11  and makes the first payment required by the agreement, or

12  complies with the subpoena, order to appear, order to show

13  cause, or similar order, the license shall be issued or

14  reinstated upon written proof to the court that the obligor

15  has complied with the terms of the court order, subpoena,

16  order to appear, order to show cause, or similar order. Proof

17  of payment shall consist of a certified copy of the payment

18  record issued by the depository. The court shall order the

19  appropriate licensing agency to issue or reinstate the license

20  without additional charge to the obligor.

21         (6)  The licensing agency shall, when directed by the

22  court, suspend or deny the license of any licensee under its

23  jurisdiction found to have a delinquent support obligation or

24  not to be in compliance with a subpoena, order to appear,

25  order to show cause, or similar order.  The licensing agency

26  shall issue or reinstate the license without additional charge

27  to the licensee when notified by the court that the licensee

28  has complied with the terms of the court order, or subpoena,

29  order to appear, order to show cause, or similar order.

30         (7)  Notice shall be served under this section by

31  regular mail to the obligor at his or her last address of

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 1  record with the local depository or a more recent address if

 2  known.

 3         Section 29.  Effective October 1, 2005, section

 4  409.821, Florida Statutes, is amended to read:

 5         409.821  Florida Kidcare program public records

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

 7  information identifying a Florida Kidcare program applicant or

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

 9  Health Care Administration, the Department of Children and

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

11  Healthy Kids Corporation is confidential and exempt from s.

12  119.07(1) and s. 24(a), Art. I of the State Constitution. The

13  Such information may be disclosed to another governmental

14  entity only if disclosure is necessary for the entity to

15  perform its duties and responsibilities under the Florida

16  Kidcare program and shall be disclosed to the Department of

17  Revenue for purposes of administering the state's Title IV-D

18  program. The receiving governmental entity must maintain the

19  confidential and exempt status of such information.

20  Furthermore, such information may not be released to any

21  person without the written consent of the program applicant.

22  This exemption applies to any information identifying a

23  Florida Kidcare program applicant or enrollee held by the

24  Agency for Health Care Administration, the Department of

25  Children and Family Services, the Department of Health, or the

26  Florida Healthy Kids Corporation before, on, or after the

27  effective date of this exemption. A violation of this section

28  is a misdemeanor of the second degree, punishable as provided

29  in s. 775.082 or s. 775.083.

30  

31  

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 1         Section 30.  Effective October 1, 2005, paragraph (a)

 2  of subsection (5) of section 414.065, Florida Statutes, is

 3  amended to read:

 4         414.065  Noncompliance with work requirements.--

 5         (5)  WORK ACTIVITY REQUIREMENTS FOR NONCUSTODIAL

 6  PARENTS.--

 7         (a)  The court may order a noncustodial parent who is

 8  delinquent in support payments under the terms of a support

 9  order, as defined in s. 61.046, to participate in work

10  activities under this chapter, or as provided by s.

11  61.14(5)(b), so that the parent may obtain employment and

12  fulfill the obligation to provide support payments. A

13  noncustodial parent who fails to satisfactorily engage in

14  court-ordered work activities may be held in contempt.

15         Section 31.  Effective July 1, 2006, subsection (1) and

16  paragraphs (a) and (b) of subsection (3) of section 443.051,

17  Florida Statutes, are amended to read:

18         443.051  Benefits not alienable; exception, child

19  support intercept.--

20         (1)  DEFINITIONS.--As used in this section:

21         (a)  "Unemployment compensation" means any compensation

22  payable under state law, including amounts payable under

23  pursuant to an agreement under any federal law providing for

24  compensation, assistance, or allowances for unemployment.

25         (b)  "Support obligations" includes only those

26  obligations that are being enforced under a plan described in

27  s. 454 of the Social Security Act which has been approved by

28  the Secretary of Health and Human Services under Part D of

29  Title IV of the Social Security Act. Support obligations

30  include any legally required payments to reduce delinquencies,

31  arrearages, or retroactive support.

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 1         (c)  "Support order" means a judgment, decree, or

 2  order, whether temporary or final, issued by a court of

 3  competent jurisdiction or administrative agency for the

 4  support and maintenance of a child which provides for monetary

 5  support, health care, arrearages, or past support. When the

 6  child support obligation is being enforced by the Department

 7  of Revenue, the term "support order" also means a judgment,

 8  decree, or order, whether temporary or final, issued by a

 9  court of competent jurisdiction for the support and

10  maintenance of a child and the spouse or former spouse of the

11  obligor with whom the child is living which provides for

12  monetary support, health care, arrearages, or past support.

13         (3)  EXCEPTION, SUPPORT INTERCEPT.--

14         (a)  Each individual filing a new claim for

15  unemployment compensation must disclose at the time of filing

16  the claim whether she or he owes support obligations that are

17  being enforced by the Department of Revenue. If an applicant

18  discloses that she or he owes support obligations and she or

19  he is determined to be eligible for unemployment compensation

20  benefits, the Agency for Workforce Innovation shall notify the

21  Department of Revenue if the department is enforcing the

22  support obligation. The Department of Revenue shall, at least

23  biweekly, provide the Agency for Workforce Innovation with a

24  magnetic tape or other electronic data file disclosing the

25  individuals who owe support obligations and the amount of any

26  legally required deductions.

27         (b)  For support obligations established on or after

28  July 1, 2006, and for support obligations established before

29  July 1, 2006, when the support order does not address the

30  withholding of unemployment compensation, the Agency for

31  Workforce Innovation shall deduct and withhold 40 percent of

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 1  the unemployment compensation otherwise payable to an

 2  individual disclosed under paragraph (a). If delinquencies,

 3  arrearages, or retroactive support are owed and repayment has

 4  not been ordered, the unpaid amounts are included in the

 5  support obligation and are subject to withholding. If the

 6  amount deducted exceeds the support obligation, the Department

 7  of Revenue shall promptly refund the amount of the excess

 8  deduction to the obligor. For support obligations in effect

 9  before July 1, 2006, if the support order addresses the

10  withholding of unemployment compensation, the Agency for

11  Workforce Innovation shall deduct and withhold the amount

12  ordered by the court or administrative agency that issued the

13  support order as disclosed by the Department of Revenue. The

14  Agency for Workforce Innovation shall deduct and withhold from

15  any unemployment compensation otherwise payable to an

16  individual disclosed under paragraph (a) who owes support

17  obligations:

18         1.  The amount determined under an agreement submitted

19  to the Agency for Workforce Innovation under s. 454(19)(B)(i)

20  of the Social Security Act by the Department of Revenue;

21         2.  The amount required to be deducted and withheld

22  from unemployment compensation through legal process as

23  defined in s. 459 of the Social Security Act; or

24         3.  The amount otherwise specified by the individual to

25  the Agency for Workforce Innovation to be deducted and

26  withheld under this section.

27         Section 32.  Effective July 1, 2006, subsection (9) of

28  section 455.203, Florida Statutes, is amended to read:

29         455.203  Department; powers and duties.--The

30  department, for the boards under its jurisdiction, shall:

31  

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 1         (9)  Allow applicants for new or renewal licenses and

 2  current licensees to be screened by the Title IV-D child

 3  support agency pursuant to s. 409.2598 to assure compliance

 4  with a support obligation. The purpose of this subsection is

 5  to promote the public policy of this state as established in

 6  s. 409.2551. The department shall, when directed by the court,

 7  suspend or deny the license of any licensee found to have a

 8  delinquent support obligation, as defined in s. 409.2554. The

 9  department shall issue or reinstate the license without

10  additional charge to the licensee when notified by the court

11  that the licensee has complied with the terms of the court

12  order. The department is shall not be held liable for any

13  license denial or suspension resulting from the discharge of

14  its duties under this subsection.

15         Section 33.  Effective January 1, 2006, subsection (1)

16  of section 742.10, Florida Statutes, is amended to read:

17         742.10  Establishment of paternity for children born

18  out of wedlock.--

19         (1)  This chapter provides the primary jurisdiction and

20  procedures for the determination of paternity for children

21  born out of wedlock. When the establishment of paternity has

22  been raised and determined within an adjudicatory hearing

23  brought under the statutes governing inheritance, or

24  dependency under workers' compensation or similar compensation

25  programs, or when an affidavit acknowledging paternity or a

26  stipulation of paternity is executed by both parties and filed

27  with the clerk of the court, or when an affidavit, a notarized

28  voluntary acknowledgment of paternity, or a voluntary

29  acknowledgment of paternity that is witnessed by two

30  individuals and signed under penalty of perjury as provided

31  for in s. 382.013 or s. 382.016 is executed by both parties,

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 1  or when paternity is adjudicated by the Department of Revenue

 2  as provided by s. 409.256, the adjudication, affidavit, or

 3  acknowledgment constitutes it shall constitute the

 4  establishment of paternity for purposes of this chapter. If no

 5  adjudicatory proceeding was held, a notarized voluntary

 6  acknowledgment of paternity or voluntary acknowledgment of

 7  paternity that is witnessed by two individuals and signed

 8  under penalty of perjury as specified by s. 92.525(2) creates

 9  shall create a rebuttable presumption, as defined by s.

10  90.304, of paternity and is subject to the right of any

11  signatory to rescind the acknowledgment within 60 days after

12  the date the acknowledgment was signed or the date of an

13  administrative or judicial proceeding relating to the child,

14  including a proceeding to establish a support order, in which

15  the signatory is a party, whichever is earlier.  Both parents

16  must provide their social security numbers on any

17  acknowledgment of paternity, consent affidavit, or stipulation

18  of paternity. Except for affidavits under seal under pursuant

19  to ss. 382.015 and 382.016, the Office of Vital Statistics

20  shall provide certified copies of affidavits to the Title IV-D

21  agency upon request.

22         Section 34.  Effective January 1, 2006, paragraph (a)

23  of subsection (2) of section 760.40, Florida Statutes, is

24  amended to read:

25         760.40  Genetic testing; informed consent;

26  confidentiality; penalties; notice of use of results.--

27         (2)(a)  Except for purposes of criminal prosecution,

28  except for purposes of determining paternity as provided in s.

29  409.256 or s. 742.12(1), and except for purposes of acquiring

30  specimens from persons convicted of certain offenses or as

31  otherwise provided in s. 943.325, DNA analysis may be

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 1  performed only with the informed consent of the person to be

 2  tested, and the results of such DNA analysis, whether held by

 3  a public or private entity, are the exclusive property of the

 4  person tested, are confidential, and may not be disclosed

 5  without the consent of the person tested. Such information

 6  held by a public entity is exempt from the provisions of s.

 7  119.07(1) and s. 24(a), Art. I of the State Constitution.

 8         Section 35.  Effective October 1, 2005, subsections

 9  (1), (2), and (6) of section 827.06, Florida Statutes, are

10  amended to read:

11         827.06  Nonsupport of dependents.--

12         (1)  The Legislature finds that most noncustodial

13  parents want to support their children and remain connected to

14  their families.  The Legislature also finds that while many

15  noncustodial parents lack the financial resources and other

16  skills necessary to provide that support, some a small

17  percentage of such parents willfully fail to provide support

18  to their children even when they are aware of the obligation

19  and have the ability to do so pursuant to s. 61.30.  The

20  Legislature further finds that existing statutory provisions

21  for civil enforcement of support have not proven sufficiently

22  effective or efficient in gaining adequate support for all

23  children. Recognizing that it is the public policy of this

24  state that children shall be maintained primarily from the

25  resources of their parents, thereby relieving, at least in

26  part, the burden presently borne by the general citizenry

27  through public assistance programs, it is the intent of the

28  Legislature that the criminal penalties provided for in this

29  section are to be pursued in all appropriate cases where

30  exhaustion of appropriate civil enforcement has not resulted

31  in payment.

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 1         (2)  Any person who, after notice as specified in

 2  subsection (6), and who has been previously adjudged in

 3  contempt for failure to comply with a support order, willfully

 4  fails to provide support which he or she has the ability to

 5  provide to a child or a spouse whom the person knows he or she

 6  is legally obligated to support commits a misdemeanor of the

 7  first degree, punishable as provided in s. 775.082 or s.

 8  775.083. In lieu of any punishment imposed pursuant to s.

 9  775.082 or s. 775.083, any person who is convicted of a

10  violation of this subsection shall be punished:

11         (a)  By a fine to be paid after restitution for:

12         1.  Not less than $250 nor more than $500 for a first

13  conviction.

14         2.  Not less than $500 nor more than $750 for a second

15  conviction.

16         3.  Not less than $750 nor more than $1,000 for a third

17  conviction; and

18         (b)  By imprisonment for:

19         1.  Not less than 15 days nor more than 1 month for a

20  first conviction.

21         2.  Not less than 1 month nor more than 3 months for a

22  second conviction.

23         3.  Not less than 3 months nor more than 6 months for a

24  third conviction.

25         (6)  It is the intent of the Legislature for the state

26  attorneys, the Florida Prosecuting Attorneys Association, and

27  the Department of Revenue to work collaboratively to identify

28  strategies that will allow the criminal penalties provided for

29  in this section to be pursued in all appropriate cases,

30  including, but not limited to, strategies that would assist

31  the state attorneys in obtaining additional resources from

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 1  available federal Title IV-D funds to initiate prosecution

 2  under this section. The Florida Prosecuting Attorneys

 3  Association and the Department of Revenue shall submit a joint

 4  report to the Governor, the President of the Senate, and the

 5  Speaker of the House of Representatives no later than December

 6  31, 2005. Prior to commencing prosecution under this section,

 7  the state attorney must notify the person responsible for

 8  support by certified mail, return receipt requested, or by

 9  using any other means permitted for service of process in a

10  civil action, that a prosecution under this section will be

11  commenced against him or her unless the person pays the total

12  unpaid support obligation or provides a satisfactory

13  explanation as to why he or she has not made such payments.

14         Section 36.  For the purpose of incorporating the

15  amendment made by this act to section 61.13, Florida Statutes,

16  in references thereto, subsection (8) of section 61.30,

17  Florida Statutes, is reenacted to read:

18         61.30  Child support guidelines; retroactive child

19  support.--

20         (8)  Health insurance costs resulting from coverage

21  ordered pursuant to s. 61.13(1)(b), and any noncovered

22  medical, dental, and prescription medication expenses of the

23  child, shall be added to the basic obligation unless these

24  expenses have been ordered to be separately paid on a

25  percentage basis. After the health insurance costs are added

26  to the basic obligation, any moneys prepaid by the

27  noncustodial parent for health-related costs for the child or

28  children of this action shall be deducted from that

29  noncustodial parent's child support obligation for that child

30  or those children.

31  

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    Florida Senate - 2005                                  SB 1884
    32-1122A-05




 1         Section 37.  Effective October 1, 2005, paragraph (e)

 2  of subsection (1) of section 61.13, Florida Statutes, is

 3  repealed.

 4         Section 38.  Effective October 1, 2005, subsection (7)

 5  of section 409.2564, Florida Statutes, is repealed.

 6         Section 39.  Except as otherwise expressly provided in

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

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    Florida Senate - 2005                                  SB 1884
    32-1122A-05




 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires the repayment of a support delinquency through
      an additional income deduction. Requires an obligor
 4    contesting an income deduction order rendered by the
      Title IV-D agency to file the petition with the Title
 5    IV-D agency. Requires the Department of Revenue to
      provide payors with Internet access to income deduction
 6    and national medical support notices issued on or after a
      specified date. Provides for suspension of a driver's
 7    license to enforce compliance with an order to appear for
      genetic testing. Requires the Department of Revenue to
 8    report to consumer reporting agencies the amount of
      overdue support owed by an obligor and the amount of the
 9    obligor's support obligation when the overdue support is
      paid. Authorizes a circuit court to order an obligor to
10    seek employment, engage in employment activities, and to
      inform the court and the Department of Revenue of the
11    employment activities. Provides that an obligor may be in
      contempt of court for failing to comply with work-related
12    activities. Provides for recovery of support arrearages
      from workers' compensation lump-sum settlements. Requires
13    the State Disbursement Unit, to the extent feasible, to
      provide for electronic disbursement of support payments
14    to obligees. Requires certain employers to electronically
      remit support payments to the State Disbursement Unit by
15    a specified date. Provides for the right to immediate
      judicial review to contest an administrative order for
16    genetic testing. Provides for venue of administrative
      hearings in paternity proceedings and determinations of
17    noncovered medical expenses. Authorizes the Department of
      Revenue to obtain digital photographs and signatures from
18    the Department of Highway Safety and Motor Vehicles for
      use in establishing paternity and establishing,
19    modifying, or enforcing support obligations. Require the
      Department of Health to amend a child's birth certificate
20    when paternity is established by the Department of
      Revenue. Requires the clerk of the circuit court to
21    ensure that all judicial determinations of paternity are
      reported to the Department of Health. Requires the
22    Department of Health to amend the birth certificate of a
      child born in this state but whose paternity is
23    established in another state. Requires the Department of
      Revenue and other specified organizations to study the
24    feasibility and report on the filing of birth
      certificates and other documents by electronic means with
25    the Department of Health. Requires a hospital that
      provides birthing services to affirm as part of its
26    application for a new, provisional, or renewal license
      that the hospital will comply with assisting unmarried
27    parents who request assistance in executing a voluntary
      acknowledgment of paternity. Requires the Department of
28    Revenue to make reasonable efforts to locate persons to
      whom collections or refunds are owed. Provides for
29    location efforts to include disclosure through a
      searchable Internet database with appropriate privacy
30    safeguards. Provides for notice, an opportunity for an
      administrative hearing, and the right to judicial review.
31    Authorizes the Department of Revenue to combine a
      paternity proceeding with an administrative proceeding to
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    Florida Senate - 2005                                  SB 1884
    32-1122A-05




 1    establish a child support order. Provides for
      administrative orders to order a person to appear for
 2    genetic testing. Provides for the scheduling of genetic
      testing and for the rescheduling of the test for a claim
 3    of good cause. Provides specified sanctions for failing
      or refusing to submit to genetic testing. Provides for a
 4    presumption of paternity based on genetic testing
      results. Requires a respondent to notify the Department
 5    of Revenue of changes of address and that subsequent
      notice by mail is deemed to have been received.
 6    Authorizes the Department of Revenue to establish an
      administrative support order when paternity is determined
 7    by administrative procedures. Authorizes the Department
      of Revenue to determine in Title IV-D cases the amount
 8    owed by an obligor for noncovered medical expenses.
      Provides for notice, an opportunity for an administrative
 9    hearing, and the right to judicial review. Requires the
      obligee to prepare a written declaration under penalty of
10    perjury documenting the claim. Authorizes the Department
      of Revenue to collect noncovered medical expenses by
11    using the same remedies available for collection of
      support. Provides that an administrative order for
12    genetic testing has the same force and effect as a court
      order. Requires the Department of Revenue to waive the
13    federal application fee and to pay the fee for certain
      applicants. Requires the Department of Revenue to seek a
14    federal waiver from the requirement that an individual
      must apply for Title IV-D services. Authorizes the
15    Department of Revenue to commence a proceeding to suspend
      an obligor's occupational, business, trade, professional,
16    or recreational license for noncompliance with a support
      order. Provides grounds for contesting the proposed
17    suspension. Provides for a stay of the suspension
      proceedings under certain circumstances. Provides for a
18    written agreement with the Department of Revenue to avoid
      suspension of the license. Requires the Department of
19    Revenue to issue a reinstatement notice if the obligor
      complies with the support order. Authorizes using the
20    license suspension proceedings to enforce subpoenas,
      orders to appear, or similar orders. Provides for a
21    combined proceeding to suspend an occupational license
      and a driver's license. Provides that when paternity is
22    adjudicated by the Department of Revenue, the
      adjudication constitutes the establishment of paternity.
23    Requires that DNA testing be conducted only with the
      informed consent of the person tested with the exception
24    of genetic testing in paternity cases. (See bill for
      details.)
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