Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 454
                        Barcode 955836
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Governmental Oversight and Productivity
12  (Sebesta) recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 1, between lines 22 and 23,
16  
17  insert:
18         Section 1.  Section 61.13016 of the Florida Statues, is
19  amended to read:
20         61.13016  Suspension of driver's licenses and motor
21  vehicle registrations.--
22         (1)  The driver's license and motor vehicle
23  registration of a support obligor who is delinquent in payment
24  or who has failed to comply with subpoenas or a similar order
25  to appear or show cause relating to paternity or support
26  proceedings may be suspended. When an obligor is 15 days
27  delinquent making a payment in support or failure to comply
28  with a subpoena, order to appear, order to show cause, or
29  similar order in IV-D cases, the Title IV-D agency may provide
30  notice to the obligor of the delinquency or failure to comply
31  with a subpoena, order to appear, order to show cause, or
                                  1
    1:35 PM   04/19/05                              s0454.go16.hhh

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 454 Barcode 955836 1 similar order and the intent to suspend by regular United 2 States mail that is posted to the obligor's last address of 3 record with the Department of Highway Safety and Motor 4 Vehicles. When an obligor is 15 days delinquent in making a 5 payment in support in non-IV-D cases, and upon the request of 6 the obligee, the depository or the clerk of the court must 7 provide notice to the obligor of the delinquency and the 8 intent to suspend by regular United States mail that is posted 9 to the obligor's last address of record with the Department of 10 Highway Safety and Motor Vehicles. In either case, the notice 11 must state: 12 (a) The terms of the order creating the support 13 obligation; 14 (b) The period of the delinquency and the total amount 15 of the delinquency as of the date of the notice or describe 16 the subpoena, order to appear, order to show cause, or other 17 similar order which has not been complied with; 18 (c) That notification will be given to the Department 19 of Highway Safety and Motor Vehicles to suspend the obligor's 20 driver's license and motor vehicle registration unless, within 21 20 days after the date the notice is mailed, the obligor: 22 1.a. Pays the delinquency in full and any other costs 23 and fees accrued between the date of the notice and the date 24 the delinquency is paid; 25 b. Enters into a written agreement for payment with 26 the obligee in non-IV-D cases or with the Title IV-D agency in 27 IV-D cases; or in IV-D cases, complies with a subpoena or 28 order to appear, order to show cause, or a similar order; or 29 c. Files a petition with the circuit court to contest 30 the delinquency action; and 31 2. Pays any applicable delinquency fees. 2 1:35 PM 04/19/05 s0454.go16.hhh
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 454 Barcode 955836 1 2 If the obligor in non-IV-D cases enters into a written 3 agreement for payment before the expiration of the 20-day 4 period, the obligor must provide a copy of the signed written 5 agreement to the depository or the clerk of the court. 6 (2) The suspension of the driver's license of an 7 obligor pursuant to this section may be set aside for good 8 cause if a petition is filed by the obligor in the circuit 9 court within 20 days after the mailing date of the notice. For 10 purposes of this subsection "good cause" means proof to the 11 court that the failure to pay any delinquency is due to 12 inability to pay because a medical condition exists that 13 prevents the obligor from being employed or because of 14 extended unemployment that is beyond the obligor's control. 15 The obligor must serve a copy of the petition on the Title 16 IV-D agency in IV-D cases or depository or clerk of the court 17 in non-IV-D cases. When an obligor timely files a petition to 18 set aside a suspension, the court must hear the matter within 19 15 days after the petition is filed. The court must enter an 20 order resolving the matter within 10 days after the hearing, 21 and a copy of the order must be served on the parties. The 22 timely filing of a petition under this subsection stays the 23 intent to suspend until the entry of a court order resolving 24 the matter. 25 (3) (2) If the obligor does not, within 20 days after 26 the mailing date on the notice, pay the delinquency, enter 27 into a payment agreement, comply with the subpoena, order to 28 appear, order to show cause, or other similar order, or file a 29 motion to contest, the Title IV-D agency in IV-D cases, or the 30 depository or clerk of the court in non-IV-D cases, shall file 31 the notice with the Department of Highway Safety and Motor 3 1:35 PM 04/19/05 s0454.go16.hhh
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 454 Barcode 955836 1 Vehicles and request the suspension of the obligor's driver's 2 license and motor vehicle registration in accordance with s. 3 322.058. 4 (4) (3) The obligor may, within 20 days after the 5 mailing date on the notice of delinquency or noncompliance and 6 intent to suspend, file in the circuit court a petition to 7 contest the notice of delinquency or noncompliance and intent 8 to suspend on the ground of mistake of fact regarding the 9 existence of a delinquency or the identity of the obligor. 10 The obligor must serve a copy of the petition on the Title 11 IV-D agency in IV-D cases or depository or clerk of the court 12 in non-IV-D cases. When an obligor timely files a petition to 13 contest, the court must hear the matter within 15 days after 14 the petition is filed. The court must enter an order 15 resolving the matter within 10 days after the hearing, and a 16 copy of the order must be served on the parties. The timely 17 filing of a petition to contest stays the notice of 18 delinquency and intent to suspend until the entry of a court 19 order resolving the matter. 20 21 (Redesignate subsequent sections.) 22 23 24 ================ T I T L E A M E N D M E N T =============== 25 And the title is amended as follows: 26 On page 1, line 2, after the semicolon 27 28 insert: 29 amending s. 61.13016, F.S.; to allow a driver 30 license suspension to be set aside by a court 31 if the person proves that failure to pay child 4 1:35 PM 04/19/05 s0454.go16.hhh
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 454 Barcode 955836 1 support is due to medial inability or 2 involuntary unemployment; 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 1:35 PM 04/19/05 s0454.go16.hhh