HB 0775

1	A bill to be entitled
2	An act relating to child support enforcement; amending s.
3	61.13, F.S.; providing civil penalties for employers,
4	unions, and plan administrators not in compliance with
5	requirements of the national medical support notice;
6	amending s. 61.1354, F.S.; providing for sharing of
7	information between consumer reporting agencies and the
8	Department of Revenue relating to amount of current
9	support owed; requiring the department to continue
10	reporting to consumer reporting agencies once overdue
11	amount is paid if current support is still owed; amending
12	s. 61.14, F.S.; providing conditions for collection of
13	support from workers' compensation settlements; providing
14	for amendment of settlement agreement; providing for
15	rulemaking by the Office of the Judges of Compensation
16	Claims; amending s. 61.1812, F.S.; correcting a reference;
17	amending s. 222.21, F.S.; correcting a reference; amending
18	s. 382.016, F.S.; providing exceptions to the requirement
19	that the department limit access to an acknowledgment of
20	paternity that amends an original birth certificate;
21	providing conditions under which an original birth
22	certificate for a child born in this state whose paternity
23	is established in another state may be amended; amending
24	s. 409.2561, F.S.; providing limitation to exemption for
25	support order establishment to recipients of supplemental
26	security income and temporary cash assistance; amending s.
27	409.2567, F.S.; eliminating requirement for a monthly
28	report by the department on funds identified for
29	collection from noncustodial parents of children receiving
30	temporary assistance; amending s. 409.821, F.S.; requiring
31	the provision of information identifying KidCare program
32	applicants to the department for Title IV-D purposes;
33	providing effective dates.
34
35	Be It Enacted by the Legislature of the State of Florida:
36
37	Section 1.  Effective October 1, 2005, paragraph (b) of
38	subsection (1) of section 61.13, Florida Statutes, is amended to
39	read:
40	61.13  Custody and support of children; visitation rights;
41	power of court in making orders.--
42	(1)
43	(b)  Each order for support shall contain a provision for
44	health care coverage for the minor child when the coverage is
45	reasonably available. Coverage is reasonably available if either
46	the obligor or obligee has access at a reasonable rate to a
47	group health plan. The court may require the obligor either to
48	provide health care coverage or to reimburse the obligee for the
49	cost of health care coverage for the minor child when coverage
50	is provided by the obligee. In either event, the court shall
51	apportion the cost of coverage, and any noncovered medical,
52	dental, and prescription medication expenses of the child, to
53	both parties by adding the cost to the basic obligation
54	determined pursuant to s. 61.30(6). The court may order that
55	payment of uncovered medical, dental, and prescription
56	medication expenses of the minor child be made directly to the
57	obligee on a percentage basis.
58	1.  In a non-Title IV-D case, a copy of the court order for
59	health care coverage shall be served on the obligor's union or
60	employer by the obligee when the following conditions are met:
61	a.  The obligor fails to provide written proof to the
62	obligee within 30 days after receiving effective notice of the
63	court order, that the health care coverage has been obtained or
64	that application for coverage has been made;
65	b.  The obligee serves written notice of intent to enforce
66	an order for health care coverage on the obligor by mail at the
67	obligor's last known address; and
68	c.  The obligor fails within 15 days after the mailing of
69	the notice to provide written proof to the obligee that the
70	health care coverage existed as of the date of mailing.
71	2.a.  A support order enforced under Title IV-D of the
72	Social Security Act which requires that the obligor provide
73	health care coverage is enforceable by the department through
74	the use of the national medical support notice, and an amendment
75	to the support order is not required. The department shall
76	transfer the national medical support notice to the obligor's
77	union or employer. The department shall notify the obligor in
78	writing that the notice has been sent to the obligor's union or
79	employer, and the written notification must include the
80	obligor's rights and duties under the national medical support
81	notice. The obligor may contest the withholding required by the
82	national medical support notice based on a mistake of fact. To
83	contest the withholding, the obligor must file a written notice
84	of contest with the department within 15 business days after the
85	date the obligor receives written notification of the national
86	medical support notice from the department. Filing with the
87	department is complete when the notice is received by the person
88	designated by the department in the written notification. The
89	notice of contest must be in the form prescribed by the
90	department. Upon the timely filing of a notice of contest, the
91	department shall, within 5 business days, schedule an informal
92	conference with the obligor to discuss the obligor's factual
93	dispute. If the informal conference resolves the dispute to the
94	obligor's satisfaction or if the obligor fails to attend the
95	informal conference, the notice of contest is deemed withdrawn.
96	If the informal conference does not resolve the dispute, the
97	obligor may request an administrative hearing under chapter 120
98	within 5 business days after the termination of the informal
99	conference, in a form and manner prescribed by the department.
100	However, the filing of a notice of contest by the obligor does
101	not delay the withholding of premium payments by the union,
102	employer, or health plan administrator. The union, employer, or
103	health plan administrator must implement the withholding as
104	directed by the national medical support notice unless notified
105	by the department that the national medical support notice is
106	terminated.
107	b.  In a Title IV-D case, the department shall notify an
108	obligor's union or employer if the obligation to provide health
109	care coverage through that union or employer is terminated.
110	3.  In a non-Title IV-D case, upon receipt of the order
111	pursuant to subparagraph 1., or upon application of the obligor
112	pursuant to the order, the union or employer shall enroll the
113	minor child as a beneficiary in the group health plan regardless
114	of any restrictions on the enrollment period and withhold any
115	required premium from the obligor's income. If more than one
116	plan is offered by the union or employer, the child shall be
117	enrolled in the group health plan in which the obligor is
118	enrolled.
119	4.a.  Upon receipt of the national medical support notice
120	under subparagraph 2. in a Title IV-D case, the union or
121	employer shall transfer the notice to the appropriate group
122	health plan administrator within 20 business days after the date
123	on the notice. The plan administrator must enroll the child as a
124	beneficiary in the group health plan regardless of any
125	restrictions on the enrollment period, and the union or employer
126	must withhold any required premium from the obligor's income
127	upon notification by the plan administrator that the child is
128	enrolled. The child shall be enrolled in the group health plan
129	in which the obligor is enrolled. If the group health plan in
130	which the obligor is enrolled is not available where the child
131	resides or if the obligor is not enrolled in group coverage, the
132	child shall be enrolled in the lowest cost group health plan
133	that is available where the child resides.
134	b.  If health care coverage or the obligor's employment is
135	terminated in a Title IV-D case, the union or employer that is
136	withholding premiums for health care coverage under a national
137	medical support notice must notify the department within 20 days
138	after the termination and provide the obligor's last known
139	address and the name and address of the obligor's new employer,
140	if known.
141	5.a.  The amount withheld by a union or employer in
142	compliance with a support order may not exceed the amount
143	allowed under s. 303(b) of the Consumer Credit Protection Act,
144	15 U.S.C. s. 1673(b), as amended. The union or employer shall
145	withhold the maximum allowed by the Consumer Credit Protection
146	Act in the following order:
147	(I)  Current support, as ordered.
148	(II)  Premium payments for health care coverage, as
149	ordered.
150	(III)  Past due support, as ordered.
151	(IV)  Other medical support or coverage, as ordered.
152	b.  If the combined amount to be withheld for current
153	support plus the premium payment for health care coverage exceed
154	the amount allowed under the Consumer Credit Protection Act, and
155	the health care coverage cannot be obtained unless the full
156	amount of the premium is paid, the union or employer may not
157	withhold the premium payment. However, the union or employer
158	shall withhold the maximum allowed in the following order:
159	(I)  Current support, as ordered.
160	(II)  Past due support, as ordered.
161	(III)  Other medical support or coverage, as ordered.
162	6.  An employer, union, or plan administrator who does not
163	comply with the requirements of sub-subparagraph 4.a. is subject
164	to a civil penalty not to exceed $250 for the first violation
165	and $500 for subsequent violations, plus attorney's fees and
166	costs. The department may file a petition in circuit court to
167	enforce the requirements of this subparagraph.
168	7.6.  The Department of Revenue may adopt rules to
169	administer the child support enforcement provisions of this
170	section which affect Title IV-D cases.
171	Section 2.  Effective July 1, 2006, subsections (1) and (2)
172	of section 61.1354, Florida Statutes, are amended to read:
173	61.1354  Sharing of information between consumer reporting
174	agencies and the IV-D agency.--
175	(1)  Upon receipt of a request from a consumer reporting
176	agency as defined in s. 603(f) of the Fair Credit Reporting Act,
177	the IV-D agency or the depository in non-Title-IV-D cases shall
178	make available information relating to the amount of current and
179	overdue support owed by an obligor. The IV-D agency or the
180	depository in non-Title-IV-D cases shall give the obligor
181	written notice, at least 15 days prior to the release of
182	information, of the IV-D agency's or depository's authority to
183	release information to consumer reporting agencies relating to
184	the amount of current and overdue support owed by the obligor.
185	The obligor shall be informed of his or her right to request a
186	hearing with the IV-D agency or the court in non-Title-IV-D
187	cases to contest the accuracy of the information.
188	(2)  The IV-D agency shall report periodically to
189	appropriate consumer reporting agencies, as identified by the
190	IV-D agency, the name and social security number of any
191	delinquent obligor, and the amount of overdue support owed by
192	the obligor, and the amount of current support owed by the
193	obligor when the overdue support is paid. The IV-D agency, or
194	its designee, shall provide the obligor with written notice, at
195	least 15 days prior to the initial release of information, of
196	the IV-D agency's authority to release the information
197	periodically to the consumer reporting agencies. The notice
198	shall state the amount of overdue support owed and the amount of
199	current support owed when the overdue support is paid and shall
200	inform the obligor of the right to request a hearing with the
201	IV-D agency within 15 days after receipt of the notice to
202	contest the accuracy of the information. After the initial
203	notice is given, no further notice or opportunity for a hearing
204	need be given when updated information concerning the same
205	obligor is periodically released to the consumer reporting
206	agencies.
207	Section 3.  Effective December 1, 2005, paragraph (a) of
208	subsection (8) of section 61.14, Florida Statutes, is amended to
209	read:
210	61.14  Enforcement and modification of support,
211	maintenance, or alimony agreements or orders.--
212	(8)(a)  When an employee and employer reach an agreement
213	for a lump-sum settlement under s. 440.20(11), no proceeds of
214	the settlement shall be disbursed to the employee, nor shall any
215	attorney's fees be disbursed, until after a judge of
216	compensation claims reviews the proposed disbursement and enters
217	an order finding the settlement provides for appropriate
218	recovery of any support arrearage. The employee, or the
219	employee's attorney if the employee is represented, shall submit
220	a written statement from the department as to whether the
221	employee owes unpaid support and, if so, the amount owed. In
222	addition, the judge of compensation claims may require the
223	employee to submit a similar statement from a local depository
224	established under s. 61.181. The sworn statement of the employee
225	that all existing support obligations have been disclosed is
226	also required. If the judge finds the proposed allocation of
227	support recovery insufficient, the parties may amend the
228	settlement agreement to make the allocation of proceeds
229	sufficient. The Office of the Judges of Compensation Claims
230	shall adopt procedural rules to implement this paragraph. When
231	reviewing and approving any lump-sum settlement under s.
232	440.20(11)(a) and (b), a judge of compensation claims must
233	consider whether the settlement serves the interests of the
234	worker and the worker's family, including, but not limited to,
235	whether the settlement provides for appropriate recovery of any
236	child support arrearage.
237	Section 4.  Subsection (1) of section 61.1812, Florida
238	Statutes, is amended to read:
239	61.1812  Child Support Incentive Trust Fund.--
240	(1)  The Child Support Incentive Trust Fund is hereby
241	created, to be administered by the Department of Revenue. All
242	child support enforcement incentive earnings and that portion of
243	the state share of Title IV-A public assistance collections
244	recovered in fiscal year 1996-1997 by the Title IV-D program of
245	the department which is in excess of the amount estimated by the
246	February 1997 Social Services Estimating Conference to be
247	recovered in fiscal year 1996-1997 shall be credited to the
248	trust fund, and no other receipts, except interest earnings,
249	shall be credited thereto. For fiscal years beginning with 1997-
250	1998, in addition to incentive earnings and interest earnings,
251	that portion of the state share of Title IV-A public assistance
252	collections recovered in each fiscal year by the Title IV-D
253	program of the department which is in excess of the amount
254	estimated by the February 1997 Social Services Estimating
255	Conference to be recovered in fiscal year 1997-1998 shall be
256	credited to the trust fund. The purpose of the trust fund is to
257	account for federal incentive payments to the state for child
258	support enforcement and to support the activities of the child
259	support enforcement program under Title IV-D of the Social
260	Security Act. The department shall invest the money in the trust
261	fund pursuant to s. 17.61 ss. 215.44-215.52, and retain all
262	interest earnings in the trust fund. The department shall
263	separately account for receipts credited to the trust fund. When
264	all general revenue appropriations for the child support
265	enforcement program have been shifted to the trust fund, then
266	annually thereafter, on June 30, if revenues deposited into the
267	trust fund, including federal child support incentive earnings,
268	have exceeded state expenditures for the child support
269	enforcement program administered by the department for the prior
270	12-month period, the revenues in excess of cash flow needs are
271	transferred to the General Revenue Fund.
272	Section 5.  Subsection (2) of section 222.21, Florida
273	Statutes, is amended to read:
274	222.21  Exemption of pension money and retirement or
275	profit-sharing benefits from legal processes.--
276	(2)(a)  Except as provided in paragraph (b), any money or
277	other assets payable to a participant or beneficiary from, or
278	any interest of any participant or beneficiary in, a retirement
279	or profit-sharing plan that is qualified under s. 401(a), s.
280	403(a), s. 403(b), s. 408, s. 408A, or s. 409 of the Internal
281	Revenue Code of 1986, as amended, is exempt from all claims of
282	creditors of the beneficiary or participant.
283	(b)  Any plan or arrangement described in paragraph (a) is
284	not exempt from the claims of an alternate payee under a
285	qualified domestic relations order. However, the interest of any
286	alternate payee under a qualified domestic relations order is
287	exempt from all claims of any creditor, other than the
288	Department of Revenue Children and Family Services, of the
289	alternate payee. As used in this paragraph, the terms "alternate
290	payee" and "qualified domestic relations order" have the
291	meanings ascribed to them in s. 414(p) of the Internal Revenue
292	Code of 1986.
293	(c)  The provisions of paragraphs (a) and (b) apply to any
294	proceeding that is filed on or after October 1, 1987.
295	Section 6.  Effective July 1, 2005, paragraph (b) of
296	subsection (1) of section 382.016, Florida Statutes, is amended
297	to read:
298	382.016  Amendment of records.--The department, upon
299	receipt of the fee prescribed in s. 382.0255; documentary
300	evidence, as specified by rule, of any misstatement, error, or
301	omission occurring in any birth, death, or fetal death record;
302	and an affidavit setting forth the changes to be made, shall
303	amend or replace the original certificate as necessary.
304	(1)  CERTIFICATE OF LIVE BIRTH AMENDMENT.--
305	(b)  Upon written request and receipt of an affidavit, a
306	notarized voluntary acknowledgment of paternity signed by the
307	mother and father acknowledging the paternity of a registrant
308	born out of wedlock, or a voluntary acknowledgment of paternity
309	that is witnessed by two individuals and signed under penalty of
310	perjury as specified by s. 92.525(2), together with sufficient
311	information to identify the original certificate of live birth,
312	the department shall prepare a new birth certificate, which
313	shall bear the same file number as the original birth
314	certificate. The names and identifying information of the
315	parents shall be entered as of the date of the registrant's
316	birth. The surname of the registrant may be changed from that
317	shown on the original birth certificate at the request of the
318	mother and father of the registrant, or the registrant if of
319	legal age. If the mother and father marry each other at any time
320	after the registrant's birth, the department shall, upon the
321	request of the mother and father or registrant if of legal age
322	and proof of the marriage, amend the certificate with regard to
323	the parents' marital status as though the parents were married
324	at the time of birth. The department shall substitute the new
325	certificate of birth for the original certificate on file. All
326	copies of the original certificate of live birth in the custody
327	of a local registrar or other state custodian of vital records
328	shall be forwarded to the State Registrar. Thereafter, when a
329	certified copy of the certificate of birth or portion thereof is
330	issued, it shall be a copy of the new certificate of birth or
331	portion thereof, except when a court order requires issuance of
332	a certified copy of the original certificate of birth. Except
333	for a birth certificate on which a father is listed pursuant to
334	an affidavit, a notarized voluntary acknowledgment of paternity
335	signed by the mother and father acknowledging the paternity of a
336	registrant born out of wedlock, or a voluntary acknowledgment of
337	paternity that is witnessed by two individuals and signed under
338	penalty of perjury as specified by s. 92.525(2), the department
339	shall place the original certificate of birth and all papers
340	pertaining thereto under seal, not to be broken except by order
341	of a court of competent jurisdiction or as otherwise provided by
342	law.
343	Section 7.  Effective October 1, 2005, paragraph (d) is
344	added to subsection (1) of section 382.016, Florida Statutes, to
345	read:
346	382.016  Amendment of records.--The department, upon
347	receipt of the fee prescribed in s. 382.0255; documentary
348	evidence, as specified by rule, of any misstatement, error, or
349	omission occurring in any birth, death, or fetal death record;
350	and an affidavit setting forth the changes to be made, shall
351	amend or replace the original certificate as necessary.
352	(1)  CERTIFICATE OF LIVE BIRTH AMENDMENT.--
353	(d)  For a child born in this state whose paternity is
354	established in another state, the department shall amend the
355	child's birth certificate to include the name of the father upon
356	receipt of:
357	1.  A certified copy of an acknowledgment of paternity,
358	final judgment, or judicial or administrative order from another
359	state that determines the child's paternity; or
360	2.  A noncertified copy of an acknowledgment of paternity,
361	final judgment, or judicial or administrative order from another
362	state that determines the child's paternity when provided with
363	an affidavit or written declaration from the Department of
364	Revenue that states the document was provided by or obtained
365	from another state's Title IV-D program.
366
367	The department may not amend a child's birth certificate to
368	include the name of the child's father if paternity was
369	established by adoption and the father is not eligible to adopt
370	under state law.
371	Section 8.  Effective July 1, 2005, subsection (4) of
372	section 409.2561, Florida Statutes, is amended to read:
373	409.2561  Support obligations when public assistance is
374	paid; assignment of rights; subrogation; medical and health
375	insurance information.--
376	(4)  No obligation of support under this section shall be
377	incurred by any person who is the recipient of supplemental
378	security income or temporary cash assistance public assistance
379	moneys for the benefit of a dependent child or who is
380	incapacitated and financially unable to pay as determined by the
381	department.
382	Section 9.  Section 409.2567, Florida Statutes, is amended
383	to read:
384	409.2567  Services to individuals not otherwise
385	eligible.--All support services provided by the department shall
386	be made available on behalf of all dependent children. Services
387	shall be provided upon acceptance of public assistance or upon
388	proper application filed with the department. The department
389	shall adopt rules to provide for the payment of a $25
390	application fee from each applicant who is not a public
391	assistance recipient. The application fee shall be deposited in
392	the Child Support Enforcement Application and Program Revenue
393	Trust Fund within the Department of Revenue to be used for the
394	Child Support Enforcement Program. The obligor is responsible
395	for all administrative costs, as defined in s. 409.2554. The
396	court shall order payment of administrative costs without
397	requiring the department to have a member of the bar testify or
398	submit an affidavit as to the reasonableness of the costs. An
399	attorney-client relationship exists only between the department
400	and the legal services providers in Title IV-D cases. The
401	attorney shall advise the obligee in Title IV-D cases that the
402	attorney represents the agency and not the obligee. In Title IV-
403	D cases, any costs, including filing fees, recording fees,
404	mediation costs, service of process fees, and other expenses
405	incurred by the clerk of the circuit court, shall be assessed
406	only against the nonprevailing obligor after the court makes a
407	determination of the nonprevailing obligor's ability to pay such
408	costs and fees. In any case where the court does not award all
409	costs, the court shall state in the record its reasons for not
410	awarding the costs. The Department of Revenue shall not be
411	considered a party for purposes of this section; however, fees
412	may be assessed against the department pursuant to s. 57.105(1).
413	The department shall submit a monthly report to the Governor and
414	the chairs of the Health and Human Services Fiscal Committee of
415	the House of Representatives and the Ways and Means Committee of
416	the Senate specifying the funds identified for collection from
417	the noncustodial parents of children receiving temporary
418	assistance and the amounts actually collected.
419	Section 10.  Effective October 1, 2005, section 409.821,
420	Florida Statutes, is amended to read:
421	409.821  Florida Kidcare program public records
422	exemption.--Notwithstanding any other law to the contrary, any
423	information identifying a Florida Kidcare program applicant or
424	enrollee, as defined in s. 409.811, held by the Agency for
425	Health Care Administration, the Department of Children and
426	Family Services, the Department of Health, or the Florida
427	Healthy Kids Corporation is confidential and exempt from s.
428	119.07(1) and s. 24(a), Art. I of the State Constitution. Such
429	information may be disclosed to another governmental entity only
430	if disclosure is necessary for the entity to perform its duties
431	and responsibilities under the Florida Kidcare program and shall
432	be disclosed to the Department of Revenue for purposes of
433	administering the state's Title IV-D program. The receiving
434	governmental entity must maintain the confidential and exempt
435	status of such information. Furthermore, such information may
436	not be released to any person without the written consent of the
437	program applicant. This exemption applies to any information
438	identifying a Florida Kidcare program applicant or enrollee held
439	by the Agency for Health Care Administration, the Department of
440	Children and Family Services, the Department of Health, or the
441	Florida Healthy Kids Corporation before, on, or after the
442	effective date of this exemption. A violation of this section is
443	a misdemeanor of the second degree, punishable as provided in s.
444	775.082 or s. 775.083.
445	Section 11.  Except as otherwise provided herein, this act
446	shall take effect upon becoming a law.

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