Senate Bill sb1884e1

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    CS for SB 1884                           First Engrossed (ntc)



  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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    CS for SB 1884                           First Engrossed (ntc)



 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; adding a

31         cross-reference; amending s. 322.142, F.S.;


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    CS for SB 1884                           First Engrossed (ntc)



 1         authorizing the Department of Revenue to obtain

 2         digital photographs and signatures from the

 3         Department of Highway Safety and Motor Vehicles

 4         for use in establishing paternity and

 5         establishing, modifying, or enforcing support

 6         obligations; amending s. 382.013, F.S.;

 7         requiring the Department of Health to amend a

 8         child's birth certificate when paternity is

 9         established by the Department of Revenue;

10         amending s. 382.015, F.S.; requiring the clerk

11         of the circuit court to ensure that all

12         judicial determinations of paternity are

13         reported to the Department of Health; requiring

14         the Department of Health to monitor compliance

15         and report data to the clerks of the circuit

16         court; amending s. 382.016, F.S.; providing for

17         the Department of Health not to seal birth

18         certificates and related papers when a father

19         is listed under an acknowledgment of paternity;

20         requiring the Department of Health to amend the

21         birth certificate of a child born in this state

22         but whose paternity is established in another

23         state; providing for an exception; requiring

24         the Department of Revenue to develop written

25         educational materials concerning the

26         establishment of paternity for use and

27         distribution by certain specified departments;

28         requiring the Department of Revenue and other

29         specified organizations to study the

30         feasibility and report on the filing of birth

31         certificates and other documents by electronic


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    CS for SB 1884                           First Engrossed (ntc)



 1         means with the Department of Health; amending

 2         s. 395.003, F.S.; requiring a hospital that

 3         provides birthing services to affirm as part of

 4         its application for a new, provisional, or

 5         renewal license that the hospital will comply

 6         with assisting unmarried parents who request

 7         assistance in executing a voluntary

 8         acknowledgment of paternity; prohibiting

 9         sanctions against hospitals for noncompliance

10         with s. 382.013(2)(c), F.S., relating to notice

11         concerning the acknowledgement of paternity;

12         amending s. 409.2557, F.S.; authorizing the

13         Department of Revenue to adopt rules relating

14         to administrative proceedings to establish

15         paternity, paternity and child support orders,

16         and orders to appear for genetic testing;

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

18         Department of Revenue to make reasonable

19         efforts to locate persons to whom collections

20         or refunds are owed; providing for location

21         efforts to include disclosure through a

22         searchable Internet database using appropriate

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

24         defining terms relating to administrative

25         procedures to establish paternity and support

26         orders; authorizing the Department of Revenue

27         to establish administrative procedures to

28         determine paternity using the results of

29         genetic testing; providing for notice, an

30         opportunity for an administrative hearing, and

31         the right to judicial review; authorizing the


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    CS for SB 1884                           First Engrossed (ntc)



 1         Department of Revenue to combine a paternity

 2         proceeding with an administrative proceeding to

 3         establish a child support order; providing for

 4         administrative orders to order a person to

 5         appear for genetic testing; providing for the

 6         right to contest the order to appear; providing

 7         for the scheduling of genetic testing and for

 8         the rescheduling of the test for a claim of

 9         good cause; providing specified sanctions for

10         failing or refusing to submit to genetic

11         testing; providing for a presumption of

12         paternity based on genetic testing results;

13         providing for admissibility of genetic testing

14         results at administrative hearings; providing

15         for administrative hearings to be conducted by

16         the Division of Administrative Hearings;

17         providing that a final order issued by an

18         administrative law judge constitutes final

19         agency action by the Department of Revenue;

20         providing that a final order establishing

21         paternity has the same effect as a judgment

22         entered by a court; requiring a respondent to

23         notify the Department of Revenue of changes of

24         address; providing that subsequent notice by

25         mail is deemed to have been received; providing

26         that the administrative procedures are a

27         supplemental remedy; authorizing the Department

28         of Revenue to adopt rules; amending s.

29         409.2561, F.S.; providing that no obligation of

30         support is incurred by a recipient of

31         supplemental security income or temporary cash


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    CS for SB 1884                           First Engrossed (ntc)



 1         assistance for the benefit of a dependent

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

 3         the Department of Revenue to establish an

 4         administrative support order when paternity is

 5         determined by administrative procedures;

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

 7         Department of Revenue to determine in Title

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

 9         noncovered medical expenses; defining the term

10         "noncovered medical expenses"; providing for

11         notice, an opportunity for an administrative

12         hearing, and the right to judicial review;

13         requiring the obligee to prepare a written

14         declaration under penalty of perjury

15         documenting the claim; requiring the Department

16         of Revenue to provide specified information in

17         the notice to proceed; authorizing the

18         Department of Revenue to collect noncovered

19         medical expenses by using the same remedies

20         available for the collection of support;

21         providing that the administrative procedure is

22         a supplemental remedy; providing for the

23         Department of Revenue to adopt rules; amending

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

25         retroactive support permanently assigned to the

26         state be reduced by a specified percentage when

27         the obligor and the department agree to a

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

29         requiring a correctional facility to assist a

30         putative father to comply with an

31         administrative order for genetic testing;


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    CS for SB 1884                           First Engrossed (ntc)



 1         providing that an administrative order for

 2         genetic testing has the same force and effect

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

 4         requiring the Department of Revenue to waive

 5         the federal application fee and pay the fee for

 6         certain applicants; providing for the

 7         Department of Revenue to seek a federal waiver

 8         from the requirement that an individual apply

 9         for Title IV-D services; providing for the

10         department to adopt rules if a waiver is

11         granted and begin providing Title IV-D services

12         if support payments are not paid as ordered

13         unless the individual elects not to receive

14         services after notice; amending s. 409.259,

15         F.S.; requesting certain public officials and

16         agencies to work cooperatively to implement

17         electronic filing of pleadings and other

18         documents by a specified date; amending s.

19         409.2598, F.S.; authorizing the Department of

20         Revenue to commence a proceeding to suspend an

21         obligor's occupational, business, trade,

22         professional, or recreational license for

23         noncompliance with a support order; providing

24         for notice by regular mail and an opportunity

25         to contest the suspension of the license in

26         circuit court; providing grounds for contesting

27         the proposed suspension; providing for a stay

28         of the suspension proceedings under certain

29         circumstances; providing for a written

30         agreement with the Department of Revenue to

31         avoid suspension of the license; requiring the


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    CS for SB 1884                           First Engrossed (ntc)



 1         Department of Revenue to issue a reinstatement

 2         notice if the obligor complies with the support

 3         order; providing for the suspension of the

 4         license under certain circumstances; providing

 5         for reinstatement of the license of the obligor

 6         after receiving a court order; authorizing the

 7         use of the license-suspension proceedings to

 8         enforce subpoenas, orders to appear, or similar

 9         orders; providing for a combined proceeding to

10         suspend an occupational license and a driver's

11         license; authorizing the Department of Revenue

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

13         requiring the Agency for Health Care

14         Administration to disclose information

15         identifying Florida Kidcare applicants or

16         enrollees to the Department of Revenue for

17         purposes of administering the state's Title

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

19         authorizing a court to order a noncustodial

20         parent who is delinquent under the terms of a

21         support order to participate in work

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

23         the terms "support obligations" and "support

24         order"; requiring the Agency for Workforce

25         Innovation to deduct and withhold a specified

26         percentage of the unemployment compensation

27         otherwise payable to an individual; providing

28         for the Department of Revenue to promptly

29         refund any excess deduction to the obligor;

30         providing that the Agency for Workforce

31         Innovation deduct and withhold support


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    CS for SB 1884                           First Engrossed (ntc)



 1         according to the terms of the support order as

 2         disclosed by the Department of Revenue;

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

 4         requiring the Department of Business and

 5         Professional Regulation to screen license

 6         applicants for compliance with support

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

 8         providing that when paternity is adjudicated by

 9         the Department of Revenue, the adjudication

10         constitutes the establishment of paternity for

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

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

13         only with the informed consent of the person

14         tested, with the exception of genetic testing

15         in paternity cases; authorizing disclosure of

16         test results for genetic testing in paternity

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

18         provisions that require exhaustion of civil

19         remedies and other provisions relating to the

20         criminal prosecution for nonsupport; providing

21         for the state attorneys, the Florida

22         Prosecuting Attorneys Association, and the

23         Department of Revenue to identify strategies

24         for pursuing criminal prosecution in

25         appropriate cases; requiring the collaborating

26         group to file a joint report to the Governor,

27         the President of the Senate, and the Speaker of

28         the House of Representatives by a specified

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

30         health insurance costs in the child support

31         guidelines, to incorporate the amendment made


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    CS for SB 1884                           First Engrossed (ntc)



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

 2         amending s. 61.14, F.S.; correcting a

 3         cross-reference; amending s. 61.30, F.S.;

 4         correcting a cross-reference; repealing ss.

 5         61.13(1)(e) and 409.2564(7), F.S., relating to

 6         a judicial circuit with a work experience and

 7         job training pilot project; providing effective

 8         dates.

 9  

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

11  

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

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

14  to read:

15         61.13  Custody and support of children; visitation

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

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

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

19  is reasonably available. Coverage is reasonably available if

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

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

22  either to provide health care coverage or to reimburse the

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

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

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

26  noncovered medical, dental, and prescription medication

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

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

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

30  and prescription medication expenses of the minor child be

31  made directly to the obligee on a percentage basis.


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    CS for SB 1884                           First Engrossed (ntc)



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

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

 3  union or employer by the obligee when the following conditions

 4  are met:

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

 6  obligee within 30 days after receiving effective notice of the

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

 8  or that application for coverage has been made;

 9         b.  The obligee serves written notice of intent to

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

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

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

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

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

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

16  Social Security Act which requires that the obligor provide

17  health care coverage is enforceable by the department through

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

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

20  shall transfer the national medical support notice to the

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

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

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

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

25  medical support notice. The obligor may contest the

26  withholding required by the national medical support notice

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

28  obligor must file a written notice of contest with the

29  department within 15 business days after the date the obligor

30  receives written notification of the national medical support

31  notice from the department. Filing with the department is


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    CS for SB 1884                           First Engrossed (ntc)



 1  complete when the notice is received by the person designated

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

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

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

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

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

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

 8  satisfaction or if the obligor fails to attend the informal

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

10  informal conference does not resolve the dispute, the obligor

11  may request an administrative hearing under chapter 120 within

12  5 business days after the termination of the informal

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

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

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

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

17  or health plan administrator must implement the withholding as

18  directed by the national medical support notice unless

19  notified by the department that the national medical support

20  notice is terminated.

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

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

23  health care coverage through that union or employer is

24  terminated.

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

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

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

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

29  health plan regardless of any restrictions on the enrollment

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

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


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    CS for SB 1884                           First Engrossed (ntc)



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

 2  in which the obligor is enrolled.

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

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

 5  or employer shall transfer the notice to the appropriate group

 6  health plan administrator within 20 business days after the

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

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

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

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

11  income upon notification by the plan administrator that the

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

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

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

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

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

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

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

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

20  is withholding premiums for health care coverage under a

21  national medical support notice must notify the department

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

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

24  new employer, if known.

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

26  compliance with a support order may not exceed the amount

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

28  15 U.S.C. s. 1673(b), as amended. The union or employer shall

29  withhold the maximum allowed by the Consumer Credit Protection

30  Act in the following order:

31         (I)  Current support, as ordered.


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    CS for SB 1884                           First Engrossed (ntc)



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

 2  ordered.

 3         (III)  Past due support, as ordered.

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

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

 6  support plus the premium payment for health care coverage

 7  exceed the amount allowed under the Consumer Credit Protection

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

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

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

11  employer shall withhold the maximum allowed in the following

12  order:

13         (I)  Current support, as ordered.

14         (II)  Past due support, as ordered.

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

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

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

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

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

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

21  court to enforce the requirements of this subparagraph.

22         7.6.  The Department of Revenue may adopt rules to

23  administer the child support enforcement provisions of this

24  section that which affect Title IV-D cases.

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

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

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

28  that section, to read:

29         61.1301  Income deduction orders.--

30  

31  


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    CS for SB 1884                           First Engrossed (ntc)



 1         (1)  ISSUANCE IN CONJUNCTION WITH AN ORDER

 2  ESTABLISHING, ENFORCING, OR MODIFYING AN OBLIGATION FOR

 3  ALIMONY OR CHILD SUPPORT.--

 4         (b)  The income deduction order shall:

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

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

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

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

 9  order.

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

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

12  the periodic amount specified in the order establishing,

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

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

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

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

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

18  order establishing, modifying, or enforcing the obligation has

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

20  delinquency or a preexisting arrearage, a payor shall deduct

21  an additional 20 percent of the current support obligation or

22  other amount agreed to by the parties until the delinquency

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

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

25  until the delinquency is paid in full;

26         4.3.  Direct a payor not to deduct in excess of the

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

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

29         5.4.  Direct whether a payor shall deduct all, a

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

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


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    CS for SB 1884                           First Engrossed (ntc)



 1  arrearage reported in the income deduction notice or the

 2  remaining balance thereof, and forward the payment to the

 3  governmental depository. For purposes of this subparagraph,

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

 5  compensation and which is in addition to any amounts

 6  contracted for or otherwise legally due and shall not include

 7  any commission payments due an obligor;

 8         6.5.  In Title IV-D cases, direct a payor to provide to

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

10         7.6.  In Title IV-D cases, if an obligation to pay

11  current support is reduced or terminated due to emancipation

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

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

14  the income deduction at the rate in effect immediately prior

15  to emancipation until all arrearages, retroactive support,

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

17  of withholding is modified; and

18         8.7.  Direct that, where at such time as the State

19  Disbursement Unit becomes operational, all payments in those

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

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

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

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

24  obligor's child support obligation is being paid through

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

26  State Disbursement Unit. Notwithstanding any other statutory

27  provision to the contrary, funds received by the State

28  Disbursement Unit shall be held, administered, and disbursed

29  by the State Disbursement Unit under pursuant to the

30  provisions of this chapter.

31  


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    CS for SB 1884                           First Engrossed (ntc)



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

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

 3  deduction to be effective upon a delinquency as provided in

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

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

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

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

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

 9  income deduction by serving a notice of delinquency on the

10  obligor under this subsection.

11         1.  The notice of delinquency shall state:

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

13  modifying the obligation.

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

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

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

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

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

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

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

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

22  303(b) of the Consumer Credit Protection Act, 15 U.S.C. s.

23  1673(b), as amended.

24         e.  That the income deduction order applies to current

25  and subsequent payors and periods of employment.

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

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

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

29  income deduction notice, unless the obligor applies to the

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

31  income deduction order being enforced was rendered by the


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    CS for SB 1884                           First Engrossed (ntc)



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

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

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

 4  application or petition shall be filed within 15 days after

 5  the date the notice of delinquency was served.

 6         g.  That enforcement of the income deduction order may

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

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

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

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

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

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

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

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

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

16  agency instead of to the obligee.

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

18  delinquency does not preclude subsequent service of the income

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

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

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

22  not owed.

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

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

25  in alimony payments.

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

27  current support is reduced or terminated due to the

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

29  retroactive support, delinquency, or costs, income deduction

30  continues at the rate in effect immediately prior to

31  emancipation until all arrearages, retroactive support,


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    CS for SB 1884                           First Engrossed (ntc)



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

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

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

 4  credited against the arrearages, retroactive support,

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

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

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

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

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

10  retroactive support, delinquency, and costs. For income

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

12  include this requirement, the department shall send by

13  certified mail, restricted delivery, return receipt requested,

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

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

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

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

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

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

20  paragraph provides an additional remedy for collection of

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

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

23  July 1, 2004.

24         (c)  If a delinquency accrues after an order

25  establishing, modifying, or enforcing a support obligation has

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

27  2006, is in effect, and there is no order for repayment of the

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

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

30  income deduction notice, shall deduct an additional 20 percent

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


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    CS for SB 1884                           First Engrossed (ntc)



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

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

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

 4  full.

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

 6  Revenue shall provide a payor with Internet access to income

 7  deduction and national medical support notices issued by the

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

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

10  payor who requests Internet access with a user code and

11  password to allow the payor to receive notices electronically

12  and to download the information necessary to begin income

13  deduction and health care coverage enrollment. If a

14  participating payor does not respond to electronic notice by

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

16  the department shall mail the income deduction or medical

17  support notice to the payor.

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

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

20         61.13016  Suspension of driver's licenses and motor

21  vehicle registrations.--

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

23  322.058 may be used to enforce compliance with an order to

24  appear for genetic testing.

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

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

27         61.1354  Sharing of information between consumer

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

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

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

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


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    CS for SB 1884                           First Engrossed (ntc)



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

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

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

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

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

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

 7  consumer reporting agencies relating to the amount of current

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

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

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

11  contest the accuracy of the information.

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

13  appropriate consumer reporting agencies, as identified by the

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

15  delinquent obligor and the amount of overdue support owed by

16  the obligor, and the amount of the obligor's current support

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

18  or its designee, shall provide the obligor with written

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

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

21  information periodically to the consumer reporting agencies.

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

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

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

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

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

27  a hearing need be given when updated information concerning

28  the same obligor is periodically released to the consumer

29  reporting agencies.

30  

31  


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    CS for SB 1884                           First Engrossed (ntc)



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

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

 3  to read:

 4         61.14  Enforcement and modification of support,

 5  maintenance, or alimony agreements or orders.--

 6         (5)

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

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

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

10  that payments due under the support order are delinquent or

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

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

13  training, the court may order the obligor to:

14         1.  Seek employment;

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

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

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

18  during the reporting period;

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

20  upon obtaining employment, income, or property; and

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

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

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

24  

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

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

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

28  of the public policy of ensuring that children are maintained

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

30  a judicial circuit with a work experience and job training

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


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    CS for SB 1884                           First Engrossed (ntc)



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

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

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

 4  upon obtaining employment, upon obtaining any income, or upon

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

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

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

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

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

10  obligor is eligible for entrance into the pilot program.

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

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

13         61.14  Enforcement and modification of support,

14  maintenance, or alimony agreements or orders.--

15         (8)  

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

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

18  settlement may not be disbursed to the employee or for

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

20  the proposed disbursement and enters an order finding that the

21  settlement provides for the appropriate recovery of any

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

23  the employee is represented, shall submit a written statement

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

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

26  compensation claims may also require the employee to submit a

27  similar statement from a local depository established under s.

28  61.181. The employee shall also file a sworn statement with

29  the judge of compensation claims that all existing support

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

31  finds the proposed allocation of support recovery


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    CS for SB 1884                           First Engrossed (ntc)



 1  insufficient, the parties may amend the allocation of support

 2  recovery within the settlement agreement to make the

 3  allocation of proceeds sufficient. The Office of Judges of

 4  Compensation Claims shall adopt procedural rules to administer

 5  this section. When reviewing and approving any lump-sum

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

 7  compensation claims must consider whether the settlement

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

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

10  for appropriate recovery of any child support arrearage.

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

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

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

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

15  child or spousal support obligations.

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

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

18  read:

19         61.14  Enforcement and modification of support,

20  maintenance, or alimony agreements or orders.--

21         (6)

22         (g)  The local depositories shall send the department

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

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

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

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

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

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

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

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

31  


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    CS for SB 1884                           First Engrossed (ntc)



 1         61.1814  Child Support Enforcement Application and

 2  Program Revenue Trust Fund.--

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

 4  deposited in the Clerk of the Court Child Support Enforcement

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

 6  collections determined to be undistributable or unidentifiable

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

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

 9  type of program income received shall be accounted for

10  separately. Program income received by the department

11  includes, but is not limited to:

12         (a)  Application fees of nonpublic assistance

13  applicants for child support enforcement services;

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

15  obligors;

16         (c)  Interest on child support collections;

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

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

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

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

21  409.256(7)(b), 409.2564(8) and 409.2578.

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

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

24  amended to read:

25         61.1824  State Disbursement Unit.--

26         (3)  The State Disbursement Unit shall perform the

27  following functions:

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

29  for the collection and disbursement of support payments,

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

31  


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    CS for SB 1884                           First Engrossed (ntc)



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

 2  states and jurisdictions, and other entities.

 3         2.  Timely disbursement of payments to obligees, the

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

 5         3.  Accurate identification of payment source and

 6  amount.

 7         4.  Furnishing any parent, upon request, timely

 8  information on the current status of support payments under an

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

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

11  prior to the date the State Disbursement Unit becomes fully

12  operational, the State Disbursement Unit shall not be required

13  to convert and maintain in automated form records of payments

14  kept under pursuant to s. 61.181.

15         5.  Electronic disbursement of support payments to

16  obligees. The State Disbursement Unit shall notify obligees of

17  the options for electronic disbursement and encourage their

18  use through promotional material.

19         (6)

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

21  the State Disbursement Unit becomes operational, all support

22  payments for cases to which the requirements of this section

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

24  Disbursement Unit. Notwithstanding any other statutory

25  provision to the contrary, funds received by the State

26  Disbursement Unit shall be held, administered, and disbursed

27  by the State Disbursement Unit under pursuant to the

28  provisions of this chapter.

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

30  10 or more employees in any quarter during the preceding state

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


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    CS for SB 1884                           First Engrossed (ntc)



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

 2  payments deducted under an income deduction order or income

 3  deduction notice and provide associated case data to the State

 4  Disbursement Unit by electronic means approved by the

 5  department. The department shall adopt a rule for electronic

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

 7  consistent with the rules for electronic filing and remittance

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

 9  the department from the requirement to file and remit

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

11  waiver from the requirement under this paragraph.

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

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

14  amended to read:

15         120.80  Exceptions and special requirements;

16  agencies.--

17         (14)  DEPARTMENT OF REVENUE.--

18         (c)  Proceedings to establish paternity or paternity

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

20  proceedings for administrative support orders.--In proceedings

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

22  409.256, and proceedings for the establishment of

23  administrative support orders under pursuant to s. 409.2563,

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

25  the Division of Administrative Hearings shall be entered by

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

27  Department of Revenue for filing and rendering. The Department

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

29  120.68 of a final order entered by an administrative law

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

31  appear for genetic testing may seek immediate judicial review


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    CS for SB 1884                           First Engrossed (ntc)



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

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

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

 4  administrative support orders rendered under pursuant to s.

 5  409.2563 may be enforced under pursuant to s. 120.69 or,

 6  alternatively, by any method prescribed by law for the

 7  enforcement of judicial support orders, except contempt.

 8  Hearings held by the Division of Administrative Hearings under

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

10  in the judicial circuit where the person receiving services

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

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

13  judicial circuit where the respondent resides. If the

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

15  in another location. If ordered by the administrative law

16  judge, the hearing may be conducted telephonically or by

17  videoconference.

18         Section 11.  Effective October 1, 2006, paragraph (c)

19  of subsection (14) of section 120.80, Florida Statutes, as

20  amended by this act, is amended to read:

21         120.80  Exceptions and special requirements;

22  agencies.--

23         (14)  DEPARTMENT OF REVENUE.--

24         (c)  Proceedings to establish paternity or paternity

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

26  proceedings for administrative support orders.--In proceedings

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

28  409.256, and proceedings for the establishment of

29  administrative support orders under s. 409.2563, final orders

30  in cases referred by the Department of Revenue to the Division

31  of Administrative Hearings shall be entered by the division's


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    CS for SB 1884                           First Engrossed (ntc)



 1  administrative law judge and transmitted to the Department of

 2  Revenue for filing and rendering. The Department of Revenue

 3  has the right to seek judicial review under s. 120.68 of a

 4  final order entered by an administrative law judge. The

 5  Department of Revenue or the person ordered to appear for

 6  genetic testing may seek immediate judicial review under s.

 7  120.68 of an order issued by an administrative law judge under

 8  s. 409.256(5)(b). Final orders that adjudicate paternity or

 9  paternity and child support under s. 409.256 and

10  administrative support orders rendered under s. 409.2563 may

11  be enforced under s. 120.69 or, alternatively, by any method

12  prescribed by law for the enforcement of judicial support

13  orders, except contempt. Hearings held by the Division of

14  Administrative Hearings under ss. 409.256 and 409.2563 or

15  s.409.25635 shall be held in the judicial circuit where the

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

17  person receiving services under Title IV-D does not reside in

18  this state, in the judicial circuit where the respondent

19  resides. If the department and the respondent agree, the

20  hearing may be held in another location. If ordered by the

21  administrative law judge, the hearing may be conducted

22  telephonically or by videoconference.

23         Section 12.  Effective December 1, 2005, subsection (4)

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

25         322.142  Color photographic or digital imaged

26  licenses.--

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

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

29  digital image and signature of the licensees, together with

30  other data required by the department for identification and

31  retrieval. Reproductions from the file or digital record shall


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    CS for SB 1884                           First Engrossed (ntc)



 1  be made and issued only for departmental administrative

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

 3  to law enforcement agency requests; to the Department of

 4  Revenue under pursuant to an interagency agreement to use when

 5  establishing paternity and establishing, modifying, or

 6  enforcing support obligations in Title IV-D cases to

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

 8  Department of Financial Services pursuant to an interagency

 9  agreement to facilitate the location of owners of unclaimed

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

11  identification of fraudulent or false claims, and are exempt

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

13         Section 13.  Effective January 1, 2006, present

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

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

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

17         382.013  Birth registration.--A certificate for each

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

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

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

21  local registrar if the certificate has been completed and

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

23  information regarding registered births shall be used for

24  comparison with information in the state case registry, as

25  defined in chapter 61.

26         (2)  PATERNITY.--

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

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

29  child must be entered on the certificate according to the

30  finding and order of the Department of Revenue.

31  


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    CS for SB 1884                           First Engrossed (ntc)



 1         Section 14.  Effective December 1, 2005, section

 2  382.015, Florida Statutes, is amended to read:

 3         382.015  New certificates of live birth; duty of clerks

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

 5  proceeding for adoption, annulment of an adoption, affirmation

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

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

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

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

10  the department, together with sufficient information to

11  identify the original birth certificate and to enable the

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

13  circuit court shall implement a monitoring and quality control

14  plan to ensure that all judicial determinations of paternity

15  are reported to the department in compliance with this

16  section. The department shall track paternity determinations

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

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

19  circuit court.

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

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

22  adoption decree, together with the information necessary to

23  identify the original certificate of live birth, and establish

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

25  birth certificate, absent objection by the court decreeing the

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

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

28  original birth certificate. All names and identifying

29  information relating to the adoptive parents entered on the

30  new certificate shall refer to the adoptive parents, but

31  nothing in the certificate shall refer to or designate the


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    CS for SB 1884                           First Engrossed (ntc)



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

 2  adoption shall be copied as on the original certificate,

 3  including the date of registration and filing.

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

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

 6  information to identify the original certificate of live

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

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

 9  certificate and restore the original certificate to its

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

11  shall be sealed by the department.

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

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

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

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

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

17  of the report or decree to the appropriate birth registration

18  authority in Canada.

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

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

21  of paternity, together with sufficient information to identify

22  the original certificate of live birth, the department shall

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

24  same file number as the original birth certificate.  The

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

26  The names and identifying information of the parents shall be

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

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

29  an order of affirmation of parental status issued under

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

31  identify the original certificate of live birth, the


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    CS for SB 1884                           First Engrossed (ntc)



 1  department shall prepare and file a new birth certificate

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

 3  certificate.  The names and identifying information of the

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

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

 6  reference to or designate the parents as the commissioning

 7  couple.

 8         (4)  SUBSTITUTION OF NEW CERTIFICATE OF BIRTH FOR

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

10  department shall substitute the new certificate of birth for

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

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

13  or other state custodian of vital records shall be forwarded

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

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

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

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

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

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

20  undetermined parentage, or court-ordered substitution, the

21  department shall place the original certificate of birth and

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

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

24  otherwise provided by law.

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

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

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

28  382.019 and 382.0195, all original, new, or amended

29  certificates of live birth shall be identical in form,

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

31  that the registrant is adopted or of undetermined parentage.


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    CS for SB 1884                           First Engrossed (ntc)



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

 2  rules necessary for carrying out the provisions of this

 3  section.

 4         Section 15.  Effective July 1, 2005, paragraph (b) of

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

 6  amended to read:

 7         382.016  Amendment of records.--The department, upon

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

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

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

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

12  amend or replace the original certificate as necessary.

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

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

15  a notarized voluntary acknowledgment of paternity signed by

16  the mother and father acknowledging the paternity of a

17  registrant born out of wedlock, or a voluntary acknowledgment

18  of paternity that is witnessed by two individuals and signed

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

20  together with sufficient information to identify the original

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

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

23  the original birth certificate. The names and identifying

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

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

26  changed from that shown on the original birth certificate at

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

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

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

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

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


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    CS for SB 1884                           First Engrossed (ntc)



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

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

 3  department shall substitute the new certificate of birth for

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

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

 6  or other state custodian of vital records shall be forwarded

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

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

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

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

11  certified copy of the original certificate of birth. Except

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

13  affidavit or notarized voluntary acknowledgment of paternity

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

15  acknowledgment of paternity that is witnessed by two

16  individuals and signed under penalty of perjury as specified

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

18  certificate of birth and all papers pertaining thereto under

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

20  jurisdiction or as otherwise provided by law.

21         Section 16.  Effective October 1, 2005, paragraph (d)

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

23  Statutes, to read:

24         382.016  Amendment of records.--The department, upon

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

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

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

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

29  amend or replace the original certificate as necessary.

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

31  


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    CS for SB 1884                           First Engrossed (ntc)



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

 2  is established in another state, the department shall amend

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

 4  father upon receipt of:

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

 6  final judgment, or judicial or administrative order from

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

 8         2.  A noncertified copy of an acknowledgment of

 9  paternity, final judgment, or judicial or administrative order

10  from another state which determines the paternity of the child

11  when provided with an affidavit or written declaration from

12  the Department of Revenue which states that the document was

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

14  state.

15  

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

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

18  was established by adoption and the father would not be

19  eligible to adopt under the law of this state.

20         Section 17.  Effective December 1, 2005, paragraph (e)

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

22  Statutes, to read:

23         382.016  Amendment of records.--The department, upon

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

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

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

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

28  amend or replace the original certificate as necessary.

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

30         (e)  The Department of Revenue shall develop written

31  educational materials for use and distribution by the


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    CS for SB 1884                           First Engrossed (ntc)



 1  Department of Children and Family Services, the Department of

 2  Corrections, the Department of Education, the Department of

 3  Health, and the Department of Juvenile Justice which describe

 4  how to establish paternity and the benefits gained by

 5  establishing paternity. Each department shall make the

 6  materials available to individuals to whom services are

 7  provided and are encouraged to provide additional education

 8  concerning how to establish paternity and the benefits gained

 9  by establishing paternity.

10         Section 18.  The Department of Health, the Department

11  of Revenue, the Florida Hospital Association, the Florida

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

13  shall study the feasibility of filing original and new or

14  amended birth certificates, documentation of paternity

15  determinations, and adoptions electronically with the

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

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

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

19  The report must include the estimated cost to develop and

20  implement electronic filing, cost savings resulting from

21  electronic filing, and each potential funding source.

22         Section 19.  Effective July 1, 2007, paragraph (c) is

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

24  to read:

25         395.003  Licensure; issuance, renewal, denial,

26  modification, suspension, and revocation.--

27         (5)

28         (c)  A hospital that provides birthing services must

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

30  provisional, or renewal license that the hospital will comply

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


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    CS for SB 1884                           First Engrossed (ntc)



 1  parents who request assistance in executing a voluntary

 2  acknowledgment of paternity. A fine or other sanction under s.

 3  395.1065 may not be imposed on a hospital for noncompliance

 4  with s. 382.013(2)(c).

 5         Section 20.  Effective January 1, 2006, subsection (3)

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

 7         409.2557  State agency for administering child support

 8  enforcement program.--

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

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

11  120.536(1) and 120.54 to implement all laws administered by

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

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

14         (a)  Background screening of department employees and

15  applicants, including criminal records checks;

16         (b)  Confidentiality and retention of department

17  records; access to records; record requests;

18         (c)  Department trust funds;

19         (d)  Federal funding procedures;

20         (e)  Agreements with law enforcement and other state

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

22  Parent Locator Service access;

23         (f)  Written agreements entered into between the

24  department and support obligors in establishment, enforcement,

25  and modification proceedings;

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

27  programs, and demonstration projects;

28         (h)  Management of cases by the department involving

29  any documentation or procedures required by federal or state

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

31  


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    CS for SB 1884                           First Engrossed (ntc)



 1  adjustment; audits; interstate actions; diligent efforts for

 2  service of process;

 3         (i)  Department procedures for orders for genetic

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

 5  increasing the amount of monthly obligations to secure

 6  delinquent support; suspending or denying driver's and

 7  professional licenses and certificates; fishing and hunting

 8  license suspensions; suspending vehicle and vessel

 9  registrations; screening applicants for new or renewal

10  licenses, registrations, or certificates; income deduction;

11  credit reporting and  accessing; tax refund intercepts;

12  passport denials; liens; financial institution data matches;

13  expedited procedures; medical support; and all other

14  responsibilities of the department as required by state or

15  federal law;

16         (j)  Collection and disbursement of support and alimony

17  payments by the department as required by federal law;

18  collection of genetic testing costs and other costs awarded by

19  the court;

20         (k)  Report information to and receive information from

21  other agencies and entities;

22         (l)  Provide location services, including accessing

23  from and reporting to federal and state agencies;

24         (m)  Privatizing location, establishment, enforcement,

25  modification, and other functions;

26         (n)  State case registry;

27         (o)  State disbursement unit;

28         (p)  Administrative proceedings to establish paternity

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

30  genetic testing, and administrative proceedings to establish

31  child-support obligations; and


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    CS for SB 1884                           First Engrossed (ntc)



 1         (q)  All other responsibilities of the department as

 2  required by state or federal law.

 3         Section 21.  Effective October 1, 2005, paragraph (a)

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

 5  amended to read:

 6         409.2558  Support distribution and disbursement.--

 7         (2)  UNDISTRIBUTABLE COLLECTIONS.--

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

 9  for determining a collection or refund to a noncustodial

10  parent to be undistributable to the final intended recipient.

11  The department shall make reasonable efforts to locate persons

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

13  made before determining that a collection or refund is

14  undistributable. Location efforts may include disclosure

15  through a searchable database of the names of obligees,

16  obligors, and depository account numbers on the Internet in

17  compliance with the requirements of s. 119.01(2)(a).

18         Section 22.  Effective January 1, 2006, section

19  409.256, Florida Statutes, is created to read:

20         409.256  Administrative proceeding to establish

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

22  genetic testing.--

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

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

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

26  with whom the child primarily resides. References in this

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

28  testing mean that the custodian is obligated to submit the

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

30  to genetic testing.

31  


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    CS for SB 1884                           First Engrossed (ntc)



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

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

 3  clerk or an authorized deputy clerk designated by the

 4  department.

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

 6  genetic markers which is performed by a qualified technical

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

 8  or to show a probability of paternity.

 9         (d)  "Paternity proceeding" means an administrative

10  action commenced by the department to order genetic testing

11  and establish paternity under this section.

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

13  administrative action commenced by the department to order

14  genetic testing, establish paternity, and establish an

15  administrative support order under this section.

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

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

18  not been established and whose mother was unmarried when the

19  child was conceived and born.

20         (g)  "Qualified technical laboratory" means a

21  genetic-testing laboratory under contract with the department,

22  which uses tests and methods of a type generally acknowledged

23  as reliable by accreditation bodies designated by the United

24  States Department of Health and Human Services and which is

25  approved by a designated accreditation body. The term also

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

27  if the laboratory has comparable qualifications.

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

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

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

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


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    CS for SB 1884                           First Engrossed (ntc)



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

 2  the department with a notice of proceeding under subsection

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

 4  the mother or the custodian of the child.

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

 6  in s. 88.1011(19).

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

 8  ACCESS TO THE COURTS.--

 9         (a)  The department may commence a paternity proceeding

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

11  subsection (4) if: 

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

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

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

15  father named in an affidavit or written declaration as

16  provided by subparagraph 5.;

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

18  conceived and born;

19         4.  The department is providing services under Title

20  IV-D; and

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

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

23  92.525(2) that the putative father is or may be the child's

24  biological father. The affidavit or written declaration must

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

26  provided by s. 742.12(2).

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

28  state to assist in the establishment of paternity, the

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

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

31  


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    CS for SB 1884                           First Engrossed (ntc)



 1  results to the other state without commencing a paternity

 2  proceeding in this state.

 3         (c)  The department may use the procedures authorized

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

 5  assert personal jurisdiction under chapter 48 or chapter 88.

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

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

 8  schedule that individual or the child for genetic testing

 9  without serving that individual with an order to appear for

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

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

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

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

14  time periods prescribed by this section.

15         (e)  Whenever practicable, hearings held by the

16  Division of Administrative Hearings under this section shall

17  be held in the judicial circuit where the person receiving

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

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

20  the judicial circuit where the respondent resides. If the

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

22  in another location. If ordered by the administrative law

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

24  conference.

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

26  jurisdiction of the circuit courts to hear and determine

27  issues regarding establishment of paternity. This section is

28  intended to provide the department with an alternative

29  procedure for establishing paternity and child-support

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

31  


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    CS for SB 1884                           First Engrossed (ntc)



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

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

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

 4  proceeding under this section.

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

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

 7  may proceed under this section against a single putative

 8  father or may proceed simultaneously against more than one

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

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

11  mother, the department may proceed to establish the paternity

12  of each child in the same proceeding.

13         (4)  NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR

14  PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC

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

16  commence a proceeding to determine paternity, or a proceeding

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

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

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

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

21  copy of the affidavit or written declaration upon which the

22  proceeding is based shall be provided to the respondent when

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

24  testing shall be served by certified mail, restricted

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

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

27  by certified mail is completed when the certified mail is

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

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

30  than the addressee signs the return receipt, the department

31  shall attempt to reach the addressee by telephone to confirm


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    CS for SB 1884                           First Engrossed (ntc)



 1  whether the notice was received, and the department shall

 2  document any telephonic communications. If someone other than

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

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

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

 6  completed and the department shall attempt to have the

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

 8  employee or an authorized agent of the department may serve

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

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

11  appear for genetic testing on a custodian. The department

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

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

14  respondents.

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

16  state:

17         1.  That the department has commenced an administrative

18  proceeding to establish whether the putative father is the

19  biological father of the child named in the notice;

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

21  name of the child's mother;

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

23  affidavit or written declaration that states the putative

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

25         4.  That the respondent is required to submit to

26  genetic testing;

27         5.  That genetic testing will establish either a high

28  degree of probability that the putative father is the

29  biological father of the child or that the putative father

30  cannot be the biological father of the child;

31  


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    CS for SB 1884                           First Engrossed (ntc)



 1         6.  That if the results of the genetic test 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 unless a second or subsequent test is required;

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

 6  statistical probability of paternity which equals or exceeds

 7  99 percent, the department may:

 8         a.  Issue a proposed order of paternity which the

 9  respondent may consent to or contest at an administrative

10  hearing; or

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

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

13  which notice of that proceeding will be provided to the

14  respondent by regular mail;

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

16  statistical probability of paternity which equals or exceeds

17  99 percent and a proceeding to establish an administrative

18  support order is commenced, the department will issue a

19  proposed order that addresses paternity and child support

20  which the respondent may consent to or contest at an

21  administrative hearing;

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

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

24  the department will adopt the proposed order and render a

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

26  administrative support order for the child;

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

28  respondent shall notify the department in writing of any

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

30  respondent will be deemed to have received any subsequent

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


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    CS for SB 1884                           First Engrossed (ntc)



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

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

 3  this requirement continues if the department renders a final

 4  order that establishes paternity and a support order for the

 5  child;

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

 7  court for a determination of paternity, child-support

 8  obligations, or both;

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

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

11  complaint within 20 days after being served notice under this

12  subsection, the administrative process ends without prejudice

13  and the action must proceed in circuit court; and

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

15  father may file a petition in circuit court for a

16  determination of matters relating to custody and rights of

17  parental contact.

18  

19  A notice under this paragraph must also notify the respondent

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

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

22  child support must state the matters required by paragraph

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

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

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

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

27  409.2563 apply to a proceeding commenced under this paragraph.

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

29  inform the person ordered to appear:

30  

31  


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    CS for SB 1884                           First Engrossed (ntc)



 1         1.  That the department has commenced an administrative

 2  proceeding to establish whether the putative father is the

 3  biological father of the child;

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

 5  name of the child's mother;

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

 7  affidavit or written declaration that states the putative

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

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

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

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

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

13  submit the child to genetic testing;

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

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

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

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

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

19  other form of verification approved by the department;

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

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

22  genetic testing and will provide the person ordered to appear

23  with a copy of any test results obtained;

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

25  appear as ordered or refuses to submit to genetic testing

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

27  these actions:

28         a.  Commence proceedings to suspend the driver's

29  license and motor vehicle registration of the person ordered

30  to appear, as provided by s. 61.13016;

31  


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    CS for SB 1884                           First Engrossed (ntc)



 1         b.  Impose an administrative fine against the person

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

 3         c.  File a petition in circuit court to establish

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

 5  order for costs against the person ordered to appear,

 6  including costs for genetic testing; and 

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

 8  order by filing a written request for informal review within

 9  15 days after the date of service of the order, with further

10  rights to an administrative hearing following the informal

11  review.

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

13  TESTING.--

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

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

16  informal review with the department within 15 days after the

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

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

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

20  conclusion of the informal review, the department shall notify

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

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

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

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

25  to contest the order at an administrative hearing.

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

27  for an administrative hearing to contest whether he or she

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

29  15 days after the department mails the notification that the

30  department will proceed with an order to appear for genetic

31  testing. A request for an administrative hearing must state


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    CS for SB 1884                           First Engrossed (ntc)



 1  the specific reasons why the person ordered to appear believes

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

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

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

 5  request to the Division of Administrative Hearings. Unless

 6  otherwise provided by this section, administrative hearings

 7  are governed by chapter 120 and the Uniform Rules of

 8  Procedure. The administrative law judge assigned to the case

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

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

11  department or the person ordered to appear may seek immediate

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

13  administrative law judge under this paragraph.

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

15  administrative hearing is filed, the department may not

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

17  not impose sanctions for failure or refusal to submit to

18  genetic testing until:

19         1.  The department has notified the person of its

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

21  for hearing is not filed;

22         2.  The person ordered to appear withdraws the request

23  for hearing or informal review; or

24         3.  The Division of Administrative Hearings issues an

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

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

27  has become final.

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

29  administrative hearing is not timely filed, the person ordered

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

31  


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    CS for SB 1884                           First Engrossed (ntc)



 1  the department may proceed under the order to appear for

 2  genetic testing.

 3         (6)  SCHEDULING OF GENETIC TESTING.--

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

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

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

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

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

 9  provided by presenting a form of identification as prescribed

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

11  who is providing the sample or other form of verification

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

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

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

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

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

17  genetic testing.

18         (b)  The department shall reschedule genetic testing:

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

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

21  department to reschedule the test;

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

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

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

25  against whom sanctions have been imposed as provided by

26  subsection (7).

27  

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

29  the department within 10 days after the scheduled test date

30  and must state the facts and circumstances supporting the

31  claim. The department shall notify the person ordered to


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    CS for SB 1884                           First Engrossed (ntc)



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

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

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

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

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

 6  by the department under subsection (7).

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

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

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

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

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

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

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

14  first genetic test may not be reliable.

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

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

17  testing ordered under this section.

18         (7)  FAILURE OR REFUSAL TO SUBMIT TO GENETIC

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

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

21  refuses to submit to testing without good cause, the

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

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

24  license and motor vehicle registration of the person ordered

25  to appear, as provided by s. 61.13016;

26         (b)  Impose an administrative fine against the person

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

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

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

30  reimbursement from the person ordered to appear for the full

31  cost of genetic testing incurred by the department.


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    CS for SB 1884                           First Engrossed (ntc)



 1  

 2  A suspended driver's license and motor vehicle registration

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

 4  appear for genetic testing. The department may use civil

 5  remedies or other statutory means available to the department

 6  to collect any administrative fine imposed under this

 7  subsection.

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

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

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

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

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

13  indicate a statistical probability of paternity which equals

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

15  that child.

16         (9)  PROPOSED ORDER OF PATERNITY; COMMENCEMENT OF

17  PROCEEDING TO ESTABLISH ADMINISTRATIVE SUPPORT ORDER; PROPOSED

18  ORDER OF PATERNITY AND CHILD SUPPORT.--

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

20  this section and the results of genetic testing indicate a

21  statistical probability of paternity which equals or exceeds

22  99 percent, the department may:

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

24  paragraph (b); or

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

26  paternity and commence, by regular mail, an administrative

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

28  409.2563 and issue a single proposed order for paternity and

29  child support.

30         (b)  A proposed order of paternity must:

31  


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    CS for SB 1884                           First Engrossed (ntc)



 1         1.  State proposed findings of fact and conclusions of

 2  law;

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

 4  and

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

 6  informal review and to contest the proposed order of paternity

 7  at an administrative hearing.

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

 9  been commenced under this section and the results of genetic

10  testing indicate a statistical probability of paternity which

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

12  single proposed order that includes paternity as provided by

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

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

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

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

17  they are not respondents.

18         (10)  INFORMAL REVIEW; ADMINISTRATIVE HEARING;

19  PRESUMPTION OF PATERNITY.--

20         (a)  The respondent may contact a department

21  representative at the address or telephone number provided no

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

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

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

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

26  after the department mails notice to the respondent that the

27  informal review has been concluded.

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

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

30  notice that an informal review has been concluded, whichever

31  is later, the respondent may request an administrative


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    CS for SB 1884                           First Engrossed (ntc)



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

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

 3  for a hearing must state the specific objections to the

 4  proposed order, the specific objections to the genetic testing

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

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

 7  hearing.

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

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

10  Division of Administrative Hearings. Unless otherwise provided

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

12  administrative hearing is governed by chapter 120 and the

13  Uniform Rules of Procedure.

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

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

16  of this section, a statistical probability of paternity which

17  equals or exceeds 99 percent creates a presumption that the

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

19  presumption may be overcome only by clear and convincing

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

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

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

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

24  competent evidence to establish the chain of custody.

25         (11)  FINAL ORDER ESTABLISHING PATERNITY OR PATERNITY

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

27  STATISTICS.--

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

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

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

31  administrative law judge constitutes final agency action by


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    CS for SB 1884                           First Engrossed (ntc)



 1  the department. The Division of Administrative Hearings shall

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

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

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

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

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

 7  support, as appropriate.

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

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

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

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

12  120.68.

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

14  final order of paternity and child support, the department

15  shall notify the Office of Vital Statistics that the paternity

16  of the child has been established.

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

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

19  742.

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

21  final administrative support order rendered under that section

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

23  child support obligation is established.

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

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

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

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

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

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

30  and an order issued by an administrative law judge under

31  paragraph (5)(b).


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    CS for SB 1884                           First Engrossed (ntc)



 1         (13)  DUTY TO PROVIDE AND MAINTAIN CURRENT MAILING

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

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

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

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

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

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

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

 9  more recent address.

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

11  genetic testing performed under this section are admissible as

12  evidence to the same extent as scientific testing ordered by

13  the court under chapter 742.

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

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

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

17  been established and is not presumed by law.

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

19  this section are supplemental and in addition to other

20  remedies available to the department for establishing

21  paternity and child support obligations.

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

23  rules to administer this section.

24         Section 23.  Effective July 1, 2005, subsection (4) of

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

26         409.2561  Support obligations when public assistance is

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

28  insurance information.--

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

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

31  security income or temporary cash assistance public assistance


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    CS for SB 1884                           First Engrossed (ntc)



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

 2  incapacitated and financially unable to pay as determined by

 3  the department.

 4         Section 24.  Effective January 1, 2006, paragraphs (b)

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

 6  Statutes, are amended to read:

 7         409.2563  Administrative establishment of child support

 8  obligations.--

 9         (2)  PURPOSE AND SCOPE.--

10         (b)  The administrative procedure set forth in this

11  section concerns only the establishment of child support

12  obligations. This section does not grant jurisdiction to the

13  department or the Division of Administrative Hearings to hear

14  or determine issues of dissolution of marriage, separation,

15  alimony or spousal support, termination of parental rights,

16  dependency, disputed paternity except for a determination of

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

18  custody, or visitation. This paragraph notwithstanding, the

19  department and the Division of Administrative Hearings may

20  make findings of fact that are necessary for a proper

21  determination of a noncustodial parent's support obligation as

22  authorized by this section.

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

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

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

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

27  noncustodial parent's child support obligation under pursuant

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

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

30  the department may include any obligation to pay retroactive

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


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    CS for SB 1884                           First Engrossed (ntc)



 1  child, whether through insurance coverage, reimbursement of

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

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

 4  provided by ss. 409.2561 and 409.2567;

 5         2.  A former recipient of public assistance, as

 6  provided by s. 409.2569;

 7         3.  An individual who has applied for services as

 8  provided by s. 409.2567;

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

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

11  provided by chapter 88.

12         Section 25.  Effective October 1, 2006, section

13  409.25635, Florida Statutes, is created to read:

14         409.25635  Determination and collection of noncovered

15  medical expenses.--

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

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

18  or prescription medication expenses that are ordered to be

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

20  similar law of another state.

21         (2)  PROCEEDING TO DETERMINE AMOUNT OWED FOR NONCOVERED

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

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

24  obligor for noncovered medical expenses if:

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

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

27  noncovered medical expenses;

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

29  declaration under penalty of perjury that states:

30  

31  


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    CS for SB 1884                           First Engrossed (ntc)



 1         1.  Noncovered medical expenses have been incurred on

 2  behalf of the dependent child whom the obligor has been

 3  ordered to support;

 4         2.  The obligee has paid for noncovered medical

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

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

 7  noncovered medical expenses as ordered; and

 8         4.  The amount paid by the obligee for noncovered

 9  medical expenses and the amount the obligor allegedly owes to

10  the obligee; and

11         (c)  The obligee provides documentation in support of

12  the written declaration.

13         (3)  NOTICE OF PROCEEDING.--

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

15  serve a notice on the obligor which states:

16         1.  That the department has commenced a proceeding to

17  determine the amount the obligor owes for noncovered medical

18  expenses;

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

20  the support order that requires the obligor to pay noncovered

21  medical expenses and the date of the order;

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

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

24  the supporting documentation provided to the department by the

25  obligee;

26         4.  The amount of noncovered medical expenses that the

27  obligee alleges the obligor owes;

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

29  court to contest the amount of noncovered medical expenses

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

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


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    CS for SB 1884                           First Engrossed (ntc)



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

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

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

 4  date of mailing of the notice;

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

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

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

 8  amount of noncovered medical expenses owed and if the support

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

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

11  department, the department will determine the amount owed by

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

13  obligor timely files with the department a petition to contest

14  the amount of noncovered medical expenses owed;

15         7.  That the obligor will owe the amount alleged in the

16  notice if the obligor does not timely file a motion or

17  petition to contest the amount; and

18         8.  That the department will attempt to collect the

19  amount owed if an amount owed is determined after a hearing or

20  becomes final because the obligor does not file a timely

21  motion or petition to contest the amount.

22         (b)  The notice shall be served on the obligor by

23  regular mail sent to the obligor's address of record with the

24  clerk of court, or with the department if the support order

25  was entered by the department, or a more recent address if

26  known. A copy of the obligee's written declaration and

27  supporting documentation must be served on the obligor with

28  the notice. The department shall provide the obligee with a

29  copy of the notice and with any subsequent notice of hearing.

30         (4)  RIGHT TO HEARING; DETERMINATION AFTER HEARING;

31  WAIVER OF HEARING.--


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    CS for SB 1884                           First Engrossed (ntc)



 1         (a)  The obligor may file a motion in the circuit court

 2  within 25 days after the date the notice required by

 3  subsection (3) is mailed to contest the amount of noncovered

 4  medical expenses owed if the support order was entered by a

 5  court of this state or a tribunal of another state. If a

 6  timely motion is filed, the court shall conduct a hearing to

 7  determine if the obligor owes the obligee the amount alleged

 8  for noncovered medical expenses and enter judgment as

 9  appropriate.

10         (b)  If the support order was entered by the

11  department, the obligor may file with the department a

12  petition to contest the amount of noncovered medical expenses

13  owed no later than 25 days after the date the notice required

14  by subsection (3) is mailed. If a timely petition is filed,

15  the department shall conduct a hearing under chapter 120 to

16  determine if the obligor owes the obligee for the amount

17  alleged for noncovered medical expenses and render a final

18  order as appropriate.

19         (c)  If the obligor does not timely file a motion or

20  petition to contest the amount owed, the amount owed alleged

21  in the notice becomes final and legally enforceable.

22         (5)  EFFECT OF DETERMINATION BY THE DEPARTMENT AND

23  UNCONTESTED PROCEEDINGS.--The amount owed for noncovered

24  medical expenses which is determined by the department as

25  provided by paragraph (4)(b) or which becomes final as

26  provided by paragraph (4)(c) has the same effect as a judgment

27  entered by a court.

28         (6)  FILING WITH THE DEPOSITORY; RECORDING; MAINTENANCE

29  OF ACCOUNTS.--When an amount owed for noncovered medical

30  expenses is determined, the department shall file a certified

31  copy of the final order or uncontested notice with the


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    CS for SB 1884                           First Engrossed (ntc)



 1  depository. Upon receipt of a final order or uncontested

 2  notice, the depository shall record the final order or

 3  uncontested notice in the same manner as a final judgment. The

 4  depository shall maintain necessary accounts to reflect

 5  obligations and payments for noncovered medical expenses.

 6         (7)  COLLECTION ACTION; ADMINISTRATIVE REMEDIES.--Any

 7  administrative remedy available for collection of support may

 8  be used to collect noncovered medical expenses that are

 9  determined or established under this section.

10         (8)  SUPPLEMENTAL REMEDY.--This section provides a

11  supplemental remedy for determining and collecting noncovered

12  medical expenses. As an alternative, the department or any

13  other party may petition the circuit court for enforcement of

14  an obligation to pay noncovered medical expenses.

15         (9)  RULEMAKING AUTHORITY.--The department may adopt

16  rules to administer this section.

17         Section 26.  Effective January 1, 2006, subsection (4)

18  of section 409.2564, Florida Statutes, is amended to read:

19         409.2564  Actions for support.--

20         (4)  Whenever the department has undertaken an action

21  for enforcement of support, the department may enter into an

22  agreement with the obligor for the entry of a judgment

23  determining paternity, if applicable, and for periodic child

24  support payments based on the support guidelines in s. 61.30

25  obligor's reasonable ability to pay. Before Prior to entering

26  into this agreement, the obligor shall be informed that a

27  judgment will be entered based on the agreement.  The clerk of

28  the court shall file the agreement without the payment of any

29  fees or charges, and the court, upon entry of the judgment,

30  shall forward a copy of the judgment to the parties to the

31  action. To encourage settlements without litigation and to


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    CS for SB 1884                           First Engrossed (ntc)



 1  promote support order compliance, if the obligor and the

 2  department agree on entry of a support order and its terms,

 3  the guideline amount owed for retroactive support which is

 4  permanently assigned to the state shall be reduced by 25

 5  percent. In making a determination of the obligor's reasonable

 6  ability to pay and until guidelines are established for

 7  determining child support award amounts, the following

 8  criteria shall be considered:

 9         (a)  All earnings, income, and resources of the

10  obligor.

11         (b)  The ability of the obligor to earn.

12         (c)  The reasonable necessities of the obligor.

13         (d)  The needs of the dependent child for whom support

14  is sought.

15         Section 27.  Effective October 1, 2005, section

16  409.25645, Florida Statutes, is amended to read:

17         409.25645  Administrative orders for genetic testing.--

18         (1)  The department is authorized to use administrative

19  orders to require genetic testing in Title IV-D cases.  In

20  these such cases the department or an authorized agent may

21  issue an administrative order to a putative father who has not

22  voluntarily submitted to genetic testing, directing him to

23  appear for a genetic test to determine the paternity of a

24  child, provided that the department has shall have no

25  authority to issue such an order in the absence of an

26  affidavit or written declaration as provided in s. 92.525(2)

27  of the child's mother stating that the putative father is or

28  may be a parent of the child. The administrative order shall

29  state:

30         (a)(1)  The type of genetic test that will be used.

31  


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    CS for SB 1884                           First Engrossed (ntc)



 1         (b)(2)  The date, time, and place to appear for the

 2  genetic test, except as provided in subsection (3).

 3         (c)(3)  That upon failure to appear for the genetic

 4  test, or refusal to be tested, the department shall file a

 5  petition in circuit court to establish paternity and child

 6  support.

 7         (2)  A copy of the affidavit or written declaration

 8  which is the basis for the issuance of the administrative

 9  order shall be attached to the order.  The administrative

10  order is exempt from the hearing provisions in chapter 120,

11  because the person to whom it is directed shall have an

12  opportunity to object in circuit court in the event the

13  department pursues the matter by filing a petition in circuit

14  court.  The department may serve the administrative order to

15  appear for a genetic test by regular mail.  In any case in

16  which more than one putative father has been identified, the

17  department may proceed under this section with respect to all

18  putative fathers.  If the department receives a request from

19  another state Title IV-D agency to assist in the establishment

20  of paternity, the department may cause an administrative order

21  to appear for a genetic test to be served on a putative father

22  who resides in Florida.

23         (3)  If the putative father is incarcerated, the

24  correctional facility shall assist the putative father to

25  comply with the administrative order, whether issued under

26  this section or s. 409.256.

27         (4)  An administrative order for genetic testing has

28  the same force and effect as an order of the court.

29         Section 28.  Effective October 1, 2005, section

30  409.2567, Florida Statutes, is amended to read:

31  


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    CS for SB 1884                           First Engrossed (ntc)



 1         409.2567  Services to individuals not otherwise

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

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

 4  Services shall be provided upon acceptance of public

 5  assistance or upon proper application filed with the

 6  department. The federally required application fee for

 7  individuals who do not receive public assistance is $1, which

 8  shall be waived for all applicants and paid by the department.

 9  The department shall adopt rules to provide for the payment of

10  a $25 application fee from each applicant who is not a public

11  assistance recipient. The application fee shall be deposited

12  in the Child Support Enforcement Application and Program

13  Revenue Trust Fund within the Department of Revenue to be used

14  for the Child Support Enforcement Program. The obligor is

15  responsible for all administrative costs, as defined in s.

16  409.2554. The court shall order payment of administrative

17  costs without requiring the department to have a member of the

18  bar testify or submit an affidavit as to the reasonableness of

19  the costs. An attorney-client relationship exists only between

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

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

22  cases that the attorney represents the agency and not the

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

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

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

26  court, shall be assessed only against the nonprevailing

27  obligor after the court makes a determination of the

28  nonprevailing obligor's ability to pay the such costs and

29  fees. In any case where the court does not award all costs,

30  the court shall state in the record its reasons for not

31  awarding the costs. The Department of Revenue is shall not be


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    CS for SB 1884                           First Engrossed (ntc)



 1  considered a party for purposes of this section; however, fees

 2  may be assessed against the department under pursuant to s.

 3  57.105(1). The department shall submit a monthly report to the

 4  Governor and the chairs of the Health and Human Services

 5  Fiscal Committee of the House of Representatives and the Ways

 6  and Means Committee of the Senate specifying the funds

 7  identified for collection from the noncustodial parents of

 8  children receiving temporary assistance and the amounts

 9  actually collected. The department shall seek a waiver from

10  the United States Secretary of Health and Human Services to

11  authorize the department to provide services to individuals

12  who are owed support in accordance with Title IV-D of the

13  Social Security Act, without need of an application. If the

14  waiver is granted, the department shall adopt rules to

15  implement the waiver and begin providing Title IV-D services

16  to those who are owed support but are not receiving support

17  payments as ordered. However, the department must first give

18  written notice to an individual who is owed support of his or

19  her right to refuse Title IV-D services and a reasonable time

20  to refuse. The department may not provide services if services

21  are refused.

22         Section 29.  Section 409.259, Florida Statutes, is

23  amended to read:

24         409.259  Filing fees in Title IV-D cases; electronic

25  filing of pleadings and other papers.--

26         (1)  Notwithstanding s. 28.241, each clerk of the

27  circuit court shall accept petitions, complaints, and motions

28  filed by the department in Title IV-D cases without billing

29  the department separately for each filing, as long as the

30  clerk is being reimbursed in a different manner for expenses

31  incurred in such filings under the cooperative agreement with


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    CS for SB 1884                           First Engrossed (ntc)



 1  the department under pursuant to ss. 61.181(1) and 61.1826(2)

 2  and (4).

 3         (2)  Notwithstanding subsection (1), the department is

 4  shall continue to be entitled to the other necessary services

 5  of the clerk of court in any proceedings under the IV-D

 6  program as authorized under s. 409.2571.

 7         (3)  The clerks of the circuit court, chief judges

 8  through the Office of the State Courts Administrator,

 9  sheriffs, the Office of the Attorney General, and the

10  Department of Revenue shall work cooperatively to implement

11  electronic filing of pleadings, returns of service, and other

12  papers with the clerks of the circuit court in Title IV-D

13  cases by October 1, 2009.

14         Section 30.  Effective July 1, 2006, section 409.2598,

15  Florida Statutes, is amended to read:

16         409.2598  License-suspension proceeding to enforce a

17  support order Suspension or denial of new or renewal licenses;

18  registrations; certifications.--

19         (1)  As used in this section, the term:

20         (a)  "License" means a license, permit, certificate,

21  registration, franchise, or other form of written permission

22  issued by a licensing agency to an individual which authorizes

23  the individual to engage in an occupation, business, trade, or

24  profession or to engage in a recreational activity, including

25  hunting or fishing. Where the context permits, the term also

26  includes an application for a new or renewal license.

27         (b)  "Licensee" means an individual who has a license.

28         (c)  "Licensing agency" means a department, commission,

29  agency, district, county, municipality, or other subdivision

30  of state or local government which issues licenses.

31  


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    CS for SB 1884                           First Engrossed (ntc)



 1         (2)  If an obligor has not complied with the order for

 2  at least 30 days, the department may commence a

 3  license-suspension proceeding to enforce compliance with a

 4  support order by providing written notice to an obligor which

 5  states:

 6         (a)  That the obligor is not in compliance with the

 7  support order and specifies that the noncompliance is due to

 8  the obligor's nonpayment of current support, delinquencies, or

 9  arrears, or the failure to provide health care coverage or

10  medical support;

11         (b)  The kind of license that is subject to suspension;

12         (c)  That the obligor may avoid suspension of the

13  license by complying with the support order or entering into a

14  written agreement with the department no later than 30 days

15  after the notice was mailed;

16         (d)  That the license-suspension proceeding will cease

17  and the license will not be suspended if the obligor timely

18  complies with the support order or a written agreement entered

19  into with the department;

20         (e)  That the obligor may contest the license

21  suspension by filing a petition in circuit court within 30

22  days after the notice of noncompliance was mailed; and

23         (f)  That the license-suspension proceeding is stayed

24  pending a ruling by the court if the obligor files a timely

25  petition with the circuit court.

26  

27  The notice shall be served on the obligor by regular mail sent

28  to the obligor's last address of record on file with the local

29  depository or a more recent address, if known, which may

30  include the obligor's mailing address as reflected by the

31  records of the licensing agency.


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    CS for SB 1884                           First Engrossed (ntc)



 1         (3)  The obligor may contest license suspension by

 2  filing a petition in circuit court within 30 days after the

 3  notice of noncompliance has been mailed and by serving a copy

 4  of the petition on the department. If the obligor timely files

 5  a petition in circuit court, the license-suspension proceeding

 6  is stayed pending a ruling by the court. The obligor may

 7  contest the license suspension on the basis of a mistake of

 8  fact concerning the obligor's compliance with the support

 9  order, the reasonableness of a payment agreement offered by

10  the department, or the identity of the obligor. A petition to

11  contest the license suspension must be heard by the court

12  within 15 days after the petition is filed. The court must

13  enter an order ruling on the matter within 10 days after the

14  hearing and a copy of the order must be served on the parties.

15         (4)(a)  If the obligor complies with the support order

16  or with the written agreement entered into with the department

17  after a proceeding is commenced but before the obligor's

18  license is suspended, the proceeding shall end and the license

19  may not be suspended. If the obligor at a later date fails to

20  comply with the support order or agreement, the department may

21  commence a new proceeding or proceed as provided in paragraph

22  (c).

23         (b)  If the obligor complies with the support order or

24  a written agreement entered into with the department after the

25  obligor's license is suspended, the department must provide

26  the obligor with a reinstatement notice and the agency that

27  issued the license must reinstate the license at no additional

28  charge to the obligor.

29         (c)  If the obligor enters into a written agreement

30  with the department and later does not comply with it, the

31  department shall notify the agency issuing the license to


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    CS for SB 1884                           First Engrossed (ntc)



 1  suspend the license unless the obligor notifies the department

 2  that the obligor cannot comply with the written agreement. If

 3  the obligor notifies the department of the inability to comply

 4  with the written agreement, the obligor shall provide full

 5  disclosure to the department of the obligor's income, assets,

 6  and employment. If after full disclosure the written agreement

 7  cannot be renegotiated, the department or the obligor may file

 8  a petition in circuit court to determine the matter.

 9         (d)  The agency issuing the license shall promptly

10  reinstate the license of the obligor after receiving a court

11  order for reinstating the license.

12         (e)  Notwithstanding any other law, a notice from a

13  court or the department to reinstate a license shall reinstate

14  to a licensee all licenses established in chapters 370 and 372

15  that were valid at the time of suspension.

16         (5)(a)  The department shall notify the licensing

17  agency to suspend the license of an obligor when:

18         1.  Thirty or more days have elapsed after a proceeding

19  has been commenced and the obligor has not complied with the

20  support order or a written agreement entered into with the

21  department or filed a timely petition to contest license

22  suspension in circuit court;

23         2.  The obligor enters into a written agreement with

24  the department and does not comply with it, unless the obligor

25  notifies the department that the obligor can no longer comply

26  with the written agreement; or

27         3.  Ordered to do so by the circuit court.

28         (b)  Upon notice by the department or the circuit

29  court, the agency issuing the license shall suspend the

30  license of the obligor and may reinstate the license only

31  after receiving notice from the department or the court.


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    CS for SB 1884                           First Engrossed (ntc)



 1         (6)  A license may be suspended under this section to

 2  enforce compliance with a subpoena, order to appear, order to

 3  show cause, or similar order in a child support or paternity

 4  proceeding by using the same procedures for enforcing

 5  compliance with a support order.

 6         (7)  The department may combine a proceeding under this

 7  section with a proceeding to suspend a driver's license under

 8  s. 61.13016. A proceeding to suspend a license under this

 9  section may apply to one or more of the licenses issued to the

10  obligor.

11         (8)  The department may adopt rules to administer and

12  enforce the requirements of this section.

13         (2)  The Title IV-D agency may petition the court that

14  entered the support order or the court that is enforcing the

15  support order to deny or suspend the license of any obligor

16  with a delinquent support obligation or who fails, after

17  receiving appropriate notice, to comply with subpoenas, orders

18  to appear, orders to show cause, or similar orders relating to

19  paternity or support proceedings. However, a petition may not

20  be filed until the Title IV-D agency has exhausted all other

21  available remedies. The purpose of this section is to promote

22  the public policy of the state as established in s. 409.2551.

23         (3)  The Title IV-D agency shall give notice to any

24  obligor who is an applicant for a new or renewal license or

25  the holder of a current license when a delinquency exists in

26  the support obligation or when an obligor has failed to comply

27  with a subpoena, order to appear, order to show cause, or

28  similar order relating to paternity or support proceeding. The

29  notice shall specify that the obligor has 30 days from the

30  date of mailing of the notice to pay the delinquency or to

31  reach an agreement to pay the delinquency with the Title IV-D


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    CS for SB 1884                           First Engrossed (ntc)



 1  agency or comply with the subpoena, order to appear, order to

 2  show cause, or similar order. The notice shall specify that,

 3  if payment is not made or an agreement cannot be reached, or

 4  if the subpoena, order to appear, order to show cause, or

 5  similar order is not complied with, the application may be

 6  denied or the license may be suspended pursuant to a court

 7  order.

 8         (4)  If the obligor fails to pay the delinquency or

 9  enter into a repayment agreement with the department or comply

10  with the subpoena, order to appear, order to show cause, or

11  similar order within 30 days following completion of service

12  of the notice, the Title IV-D agency shall send a second

13  notice to the obligor stating that the obligor has 30 days to

14  pay the delinquency or reach an agreement to pay the

15  delinquency with the Title IV-D agency or comply with the

16  subpoena, order to appear, order to show cause, or similar

17  order.  If the obligor fails to respond to either notice from

18  the Title IV-D agency or if the obligor fails to pay the

19  delinquency or reach an agreement to pay the delinquency or

20  comply with the subpoena, order to appear, order to show

21  cause, or similar order after the second notice, the Title

22  IV-D agency may petition the court which entered the support

23  order or the court which is enforcing the support order to

24  deny the application for the license or to suspend the license

25  of the obligor. However, no petition may be filed until the

26  Title IV-D agency has exhausted all other available remedies.

27  The court may find that it would be inappropriate to deny a

28  license or suspend a license if:

29         (a)  Denial or suspension would result in irreparable

30  harm to the obligor or employees of the obligor or would not

31  accomplish the objective of collecting the delinquency; or


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    CS for SB 1884                           First Engrossed (ntc)



 1         (b)  The obligor demonstrates that he or she has made a

 2  good faith effort to reach an agreement with the Title IV-D

 3  agency.

 4  

 5  The court may not deny or suspend a license if the court

 6  determines that an alternative remedy is available to the

 7  Title IV-D agency which is likely to accomplish the objective

 8  of collecting the delinquency or obtaining compliance with the

 9  subpoena, order to appear, order to show cause, or similar

10  order. If the obligor fails in the defense of a petition for

11  denial or suspension, the court which entered the support

12  order or the court which is enforcing the support order shall

13  enter an order to deny the application for the license or to

14  suspend the license of the obligor.  The court shall order the

15  obligor to surrender the license to the Title IV-D agency,

16  which will return the license and a copy of the order of

17  suspension to the appropriate licensing agency.

18         (5)  If the court denies or suspends a license and the

19  obligor subsequently pays the delinquency or reaches an

20  agreement with the Title IV-D agency to settle the delinquency

21  and makes the first payment required by the agreement, or

22  complies with the subpoena, order to appear, order to show

23  cause, or similar order, the license shall be issued or

24  reinstated upon written proof to the court that the obligor

25  has complied with the terms of the court order, subpoena,

26  order to appear, order to show cause, or similar order. Proof

27  of payment shall consist of a certified copy of the payment

28  record issued by the depository. The court shall order the

29  appropriate licensing agency to issue or reinstate the license

30  without additional charge to the obligor.

31  


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    CS for SB 1884                           First Engrossed (ntc)



 1         (6)  The licensing agency shall, when directed by the

 2  court, suspend or deny the license of any licensee under its

 3  jurisdiction found to have a delinquent support obligation or

 4  not to be in compliance with a subpoena, order to appear,

 5  order to show cause, or similar order.  The licensing agency

 6  shall issue or reinstate the license without additional charge

 7  to the licensee when notified by the court that the licensee

 8  has complied with the terms of the court order, or subpoena,

 9  order to appear, order to show cause, or similar order.

10         (7)  Notice shall be served under this section by

11  regular mail to the obligor at his or her last address of

12  record with the local depository or a more recent address if

13  known.

14         Section 31.  Effective October 1, 2005, section

15  409.821, Florida Statutes, is amended to read:

16         409.821  Florida Kidcare program public records

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

18  information identifying a Florida Kidcare program applicant or

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

20  Health Care Administration, the Department of Children and

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

22  Healthy Kids Corporation is confidential and exempt from s.

23  119.07(1) and s. 24(a), Art. I of the State Constitution. The

24  Such information may be disclosed to another governmental

25  entity only if disclosure is necessary for the entity to

26  perform its duties and responsibilities under the Florida

27  Kidcare program and shall be disclosed to the Department of

28  Revenue for purposes of administering the state's Title IV-D

29  program. The receiving governmental entity must maintain the

30  confidential and exempt status of such information.

31  Furthermore, such information may not be released to any


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    CS for SB 1884                           First Engrossed (ntc)



 1  person without the written consent of the program applicant.

 2  This exemption applies to any information identifying a

 3  Florida Kidcare program applicant or enrollee held by the

 4  Agency for Health Care Administration, the Department of

 5  Children and Family Services, the Department of Health, or the

 6  Florida Healthy Kids Corporation before, on, or after the

 7  effective date of this exemption. A violation of this section

 8  is a misdemeanor of the second degree, punishable as provided

 9  in s. 775.082 or s. 775.083.

10         Section 32.  Effective October 1, 2005, paragraph (a)

11  of subsection (5) of section 414.065, Florida Statutes, is

12  amended to read:

13         414.065  Noncompliance with work requirements.--

14         (5)  WORK ACTIVITY REQUIREMENTS FOR NONCUSTODIAL

15  PARENTS.--

16         (a)  The court may order a noncustodial parent who is

17  delinquent in support payments under the terms of a support

18  order, as defined in s. 61.046, to participate in work

19  activities under this chapter, or as provided by s.

20  61.14(5)(b), so that the parent may obtain employment and

21  fulfill the obligation to provide support payments. A

22  noncustodial parent who fails to satisfactorily engage in

23  court-ordered work activities may be held in contempt.

24         Section 33.  Effective July 1, 2006, subsection (1) and

25  paragraphs (a) and (b) of subsection (3) of section 443.051,

26  Florida Statutes, are amended to read:

27         443.051  Benefits not alienable; exception, child

28  support intercept.--

29         (1)  DEFINITIONS.--As used in this section:

30         (a)  "Unemployment compensation" means any compensation

31  payable under state law, including amounts payable under


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    CS for SB 1884                           First Engrossed (ntc)



 1  pursuant to an agreement under any federal law providing for

 2  compensation, assistance, or allowances for unemployment.

 3         (b)  "Support obligations" includes only those

 4  obligations that are being enforced under a plan described in

 5  s. 454 of the Social Security Act which has been approved by

 6  the Secretary of Health and Human Services under Part D of

 7  Title IV of the Social Security Act. Support obligations

 8  include any legally required payments to reduce delinquencies,

 9  arrearages, or retroactive support.

10         (c)  "Support order" means a judgment, decree, or

11  order, whether temporary or final, issued by a court of

12  competent jurisdiction or administrative agency for the

13  support and maintenance of a child which provides for monetary

14  support, health care, arrearages, or past support. When the

15  child support obligation is being enforced by the Department

16  of Revenue, the term "support order" also means a judgment,

17  decree, or order, whether temporary or final, issued by a

18  court of competent jurisdiction for the support and

19  maintenance of a child and the spouse or former spouse of the

20  obligor with whom the child is living which provides for

21  monetary support, health care, arrearages, or past support.

22         (3)  EXCEPTION, SUPPORT INTERCEPT.--

23         (a)  Each individual filing a new claim for

24  unemployment compensation must disclose at the time of filing

25  the claim whether she or he owes support obligations that are

26  being enforced by the Department of Revenue. If an applicant

27  discloses that she or he owes support obligations and she or

28  he is determined to be eligible for unemployment compensation

29  benefits, the Agency for Workforce Innovation shall notify the

30  Department of Revenue if the department is enforcing the

31  support obligation. The Department of Revenue shall, at least


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    CS for SB 1884                           First Engrossed (ntc)



 1  biweekly, provide the Agency for Workforce Innovation with a

 2  magnetic tape or other electronic data file disclosing the

 3  individuals who owe support obligations and the amount of any

 4  legally required deductions.

 5         (b)  For support obligations established on or after

 6  July 1, 2006, and for support obligations established before

 7  July 1, 2006, when the support order does not address the

 8  withholding of unemployment compensation, the Agency for

 9  Workforce Innovation shall deduct and withhold 40 percent of

10  the unemployment compensation otherwise payable to an

11  individual disclosed under paragraph (a). If delinquencies,

12  arrearages, or retroactive support are owed and repayment has

13  not been ordered, the unpaid amounts are included in the

14  support obligation and are subject to withholding. If the

15  amount deducted exceeds the support obligation, the Department

16  of Revenue shall promptly refund the amount of the excess

17  deduction to the obligor. For support obligations in effect

18  before July 1, 2006, if the support order addresses the

19  withholding of unemployment compensation, the Agency for

20  Workforce Innovation shall deduct and withhold the amount

21  ordered by the court or administrative agency that issued the

22  support order as disclosed by the Department of Revenue. The

23  Agency for Workforce Innovation shall deduct and withhold from

24  any unemployment compensation otherwise payable to an

25  individual disclosed under paragraph (a) who owes support

26  obligations:

27         1.  The amount determined under an agreement submitted

28  to the Agency for Workforce Innovation under s. 454(19)(B)(i)

29  of the Social Security Act by the Department of Revenue;

30  

31  


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    CS for SB 1884                           First Engrossed (ntc)



 1         2.  The amount required to be deducted and withheld

 2  from unemployment compensation through legal process as

 3  defined in s. 459 of the Social Security Act; or

 4         3.  The amount otherwise specified by the individual to

 5  the Agency for Workforce Innovation to be deducted and

 6  withheld under this section.

 7         Section 34.  Effective July 1, 2006, subsection (9) of

 8  section 455.203, Florida Statutes, is amended to read:

 9         455.203  Department; powers and duties.--The

10  department, for the boards under its jurisdiction, shall:

11         (9)  Work cooperatively with the Department of Revenue

12  to implement an automated method for periodically disclosing

13  current licensees to the Department of Revenue. Allow

14  applicants for new or renewal licenses and current licensees

15  to be screened by the Title IV-D child support agency pursuant

16  to s. 409.2598 to assure compliance with a support obligation.

17  The purpose of this subsection is to promote the public policy

18  of this state as established in s. 409.2551. The department

19  shall, when directed by the court or the Department of Revenue

20  under s. 409.2598, suspend or deny the license of any licensee

21  found not to be in compliance with a support order, subpoena,

22  order to show cause, or written agreement entered into by the

23  licensee with the Department of Revenue to have a delinquent

24  support obligation, as defined in s. 409.2554. The department

25  shall issue or reinstate the license without additional charge

26  to the licensee when notified by the court or the Department

27  of Revenue that the licensee has complied with the terms of

28  the support court order. The department shall not be held

29  liable for any license denial or suspension resulting from the

30  discharge of its duties under this subsection.

31  


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    CS for SB 1884                           First Engrossed (ntc)



 1         Section 35.  Effective January 1, 2006, subsection (1)

 2  of section 742.10, Florida Statutes, is amended to read:

 3         742.10  Establishment of paternity for children born

 4  out of wedlock.--

 5         (1)  This chapter provides the primary jurisdiction and

 6  procedures for the determination of paternity for children

 7  born out of wedlock. When the establishment of paternity has

 8  been raised and determined within an adjudicatory hearing

 9  brought under the statutes governing inheritance, or

10  dependency under workers' compensation or similar compensation

11  programs, or when an affidavit acknowledging paternity or a

12  stipulation of paternity is executed by both parties and filed

13  with the clerk of the court, or when an affidavit, a notarized

14  voluntary acknowledgment of paternity, or a voluntary

15  acknowledgment of paternity that is witnessed by two

16  individuals and signed under penalty of perjury as provided

17  for in s. 382.013 or s. 382.016 is executed by both parties,

18  or when paternity is adjudicated by the Department of Revenue

19  as provided by s. 409.256, the adjudication, affidavit, or

20  acknowledgment constitutes it shall constitute the

21  establishment of paternity for purposes of this chapter. If no

22  adjudicatory proceeding was held, a notarized voluntary

23  acknowledgment of paternity or voluntary acknowledgment of

24  paternity that is witnessed by two individuals and signed

25  under penalty of perjury as specified by s. 92.525(2) creates

26  shall create a rebuttable presumption, as defined by s.

27  90.304, of paternity and is subject to the right of any

28  signatory to rescind the acknowledgment within 60 days after

29  the date the acknowledgment was signed or the date of an

30  administrative or judicial proceeding relating to the child,

31  including a proceeding to establish a support order, in which


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    CS for SB 1884                           First Engrossed (ntc)



 1  the signatory is a party, whichever is earlier.  Both parents

 2  must provide their social security numbers on any

 3  acknowledgment of paternity, consent affidavit, or stipulation

 4  of paternity. Except for affidavits under seal under pursuant

 5  to ss. 382.015 and 382.016, the Office of Vital Statistics

 6  shall provide certified copies of affidavits to the Title IV-D

 7  agency upon request.

 8         Section 36.  Effective January 1, 2006, paragraph (a)

 9  of subsection (2) of section 760.40, Florida Statutes, is

10  amended to read:

11         760.40  Genetic testing; informed consent;

12  confidentiality; penalties; notice of use of results.--

13         (2)(a)  Except for purposes of criminal prosecution,

14  except for purposes of determining paternity as provided in s.

15  409.256 or s. 742.12(1), and except for purposes of acquiring

16  specimens from persons convicted of certain offenses or as

17  otherwise provided in s. 943.325, DNA analysis may be

18  performed only with the informed consent of the person to be

19  tested, and the results of such DNA analysis, whether held by

20  a public or private entity, are the exclusive property of the

21  person tested, are confidential, and may not be disclosed

22  without the consent of the person tested. Such information

23  held by a public entity is exempt from the provisions of s.

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

25         Section 37.  Effective October 1, 2005, subsections

26  (1), (2), and (6) of section 827.06, Florida Statutes, are

27  amended to read:

28         827.06  Nonsupport of dependents.--

29         (1)  The Legislature finds that most noncustodial

30  parents want to support their children and remain connected to

31  their families.  The Legislature also finds that while many


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 1  noncustodial parents lack the financial resources and other

 2  skills necessary to provide that support, some a small

 3  percentage of such parents willfully fail to provide support

 4  to their children even when they are aware of the obligation

 5  and have the ability to do so pursuant to s. 61.30.  The

 6  Legislature further finds that existing statutory provisions

 7  for civil enforcement of support have not proven sufficiently

 8  effective or efficient in gaining adequate support for all

 9  children. Recognizing that it is the public policy of this

10  state that children shall be maintained primarily from the

11  resources of their parents, thereby relieving, at least in

12  part, the burden presently borne by the general citizenry

13  through public assistance programs, it is the intent of the

14  Legislature that the criminal penalties provided for in this

15  section are to be pursued in all appropriate cases where

16  exhaustion of appropriate civil enforcement has not resulted

17  in payment.

18         (2)  Any person who, after notice as specified in

19  subsection (6), and who has been previously adjudged in

20  contempt for failure to comply with a support order, willfully

21  fails to provide support which he or she has the ability to

22  provide to a child or a spouse whom the person knows he or she

23  is legally obligated to support commits a misdemeanor of the

24  first degree, punishable as provided in s. 775.082 or s.

25  775.083. In lieu of any punishment imposed pursuant to s.

26  775.082 or s. 775.083, any person who is convicted of a

27  violation of this subsection shall be punished:

28         (a)  By a fine to be paid after restitution for:

29         1.  Not less than $250 nor more than $500 for a first

30  conviction.

31  


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 1         2.  Not less than $500 nor more than $750 for a second

 2  conviction.

 3         3.  Not less than $750 nor more than $1,000 for a third

 4  conviction; and

 5         (b)  By imprisonment for:

 6         1.  Not less than 15 days nor more than 1 month for a

 7  first conviction.

 8         2.  Not less than 1 month nor more than 3 months for a

 9  second conviction.

10         3.  Not less than 3 months nor more than 6 months for a

11  third conviction.

12         (6)  It is the intent of the Legislature for the state

13  attorneys, the Florida Prosecuting Attorneys Association, and

14  the Department of Revenue to work collaboratively to identify

15  strategies that will allow the criminal penalties provided for

16  in this section to be pursued in all appropriate cases,

17  including, but not limited to, strategies that would assist

18  the state attorneys in obtaining additional resources from

19  available federal Title IV-D funds to initiate prosecution

20  under this section. The Florida Prosecuting Attorneys

21  Association and the Department of Revenue shall submit a joint

22  report to the Governor, the President of the Senate, and the

23  Speaker of the House of Representatives no later than December

24  31, 2005. Prior to commencing prosecution under this section,

25  the state attorney must notify the person responsible for

26  support by certified mail, return receipt requested, or by

27  using any other means permitted for service of process in a

28  civil action, that a prosecution under this section will be

29  commenced against him or her unless the person pays the total

30  unpaid support obligation or provides a satisfactory

31  explanation as to why he or she has not made such payments.


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 1         Section 38.  For the purpose of incorporating the

 2  amendment made by this act to section 61.13, Florida Statutes,

 3  in references thereto, subsection (8) of section 61.30,

 4  Florida Statutes, is reenacted to read:

 5         61.30  Child support guidelines; retroactive child

 6  support.--

 7         (8)  Health insurance costs resulting from coverage

 8  ordered pursuant to s. 61.13(1)(b), and any noncovered

 9  medical, dental, and prescription medication expenses of the

10  child, shall be added to the basic obligation unless these

11  expenses have been ordered to be separately paid on a

12  percentage basis. After the health insurance costs are added

13  to the basic obligation, any moneys prepaid by the

14  noncustodial parent for health-related costs for the child or

15  children of this action shall be deducted from that

16  noncustodial parent's child support obligation for that child

17  or those children.

18         Section 39.  Effective October 1, 2005, paragraph (b)

19  of subsection (1) of section 61.14, Florida Statutes, is

20  amended to read:

21         61.14  Enforcement and modification of support,

22  maintenance, or alimony agreements or orders.--

23         (1)

24         (b)  For each support order reviewed by the department

25  as required by s. 409.2564(11) s. 409.2564(12), if the amount

26  of the child support award under the order differs by at least

27  10 percent but not less than $25 from the amount that would be

28  awarded under s. 61.30, the department shall seek to have the

29  order modified and any modification shall be made without a

30  requirement for proof or showing of a change in circumstances.

31  


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 1         Section 40.  Effective October 1, 2005, paragraph (c)

 2  of subsection (1) of section 61.30, Florida Statutes, is

 3  amended to read:

 4         61.30  Child support guidelines; retroactive child

 5  support.--

 6         (1)

 7         (c)  For each support order reviewed by the department

 8  as required by s. 409.2564(11) s. 409.2564(12), if the amount

 9  of the child support award under the order differs by at least

10  10 percent but not less than $25 from the amount that would be

11  awarded under s. 61.30, the department shall seek to have the

12  order modified and any modification shall be made without a

13  requirement for proof or showing of a change in circumstances.

14         Section 41.  Effective October 1, 2005, paragraph (e)

15  of subsection (1) of section 61.13, Florida Statutes, is

16  repealed.

17         Section 42.  Effective October 1, 2005, subsection (7)

18  of section 409.2564, Florida Statutes, is repealed.

19         Section 43.  Except as otherwise expressly provided in

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

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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