HB 0775CS

CHAMBER ACTION



1The Justice Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to child support enforcement; amending s.
761.13, F.S.; providing civil penalties for employers,
8unions, and plan administrators not in compliance with
9requirements of the national medical support notice;
10amending s. 61.1354, F.S.; providing for sharing of
11information between consumer reporting agencies and the
12Department of Revenue relating to amount of current
13support owed; requiring the department to continue
14reporting to consumer reporting agencies once overdue
15amount is paid if current support is still owed; amending
16s. 61.14, F.S.; providing conditions for collection of
17support from workers' compensation settlements; providing
18for amendment of the allocation of support recovery within
19the settlement agreement; providing for rulemaking by the
20Office of the Judges of Compensation Claims; amending s.
2161.1812, F.S.; correcting a reference; amending s. 222.21,
22F.S.; correcting a reference; amending s. 382.016, F.S.;
23providing exceptions to the requirement that the
24department limit access to an acknowledgment of paternity
25that amends an original birth certificate; providing
26conditions under which an original birth certificate for a
27child born in this state whose paternity is established in
28another state may be amended; amending s. 409.2558, F.S.;
29providing a procedure for redirecting payments to the
30person with whom a child resides under certain
31circumstances; providing for notice and hearing; amending
32s. 409.2561, F.S.; providing limitation to exemption for
33support order establishment to recipients of supplemental
34security income and temporary cash assistance; amending s.
35409.2567, F.S.; eliminating requirement for a monthly
36report by the department on funds identified for
37collection from noncustodial parents of children receiving
38temporary assistance; amending s. 409.821, F.S.; requiring
39the provision of information identifying KidCare program
40applicants to the department for Title IV-D purposes;
41providing effective dates.
42
43Be It Enacted by the Legislature of the State of Florida:
44
45     Section 1.  Effective October 1, 2005, paragraph (b) of
46subsection (1) of section 61.13, Florida Statutes, is amended to
47read:
48     61.13  Custody and support of children; visitation rights;
49power of court in making orders.--
50     (1)
51     (b)  Each order for support shall contain a provision for
52health care coverage for the minor child when the coverage is
53reasonably available. Coverage is reasonably available if either
54the obligor or obligee has access at a reasonable rate to a
55group health plan. The court may require the obligor either to
56provide health care coverage or to reimburse the obligee for the
57cost of health care coverage for the minor child when coverage
58is provided by the obligee. In either event, the court shall
59apportion the cost of coverage, and any noncovered medical,
60dental, and prescription medication expenses of the child, to
61both parties by adding the cost to the basic obligation
62determined pursuant to s. 61.30(6). The court may order that
63payment of uncovered medical, dental, and prescription
64medication expenses of the minor child be made directly to the
65obligee on a percentage basis.
66     1.  In a non-Title IV-D case, a copy of the court order for
67health care coverage shall be served on the obligor's union or
68employer by the obligee when the following conditions are met:
69     a.  The obligor fails to provide written proof to the
70obligee within 30 days after receiving effective notice of the
71court order, that the health care coverage has been obtained or
72that application for coverage has been made;
73     b.  The obligee serves written notice of intent to enforce
74an order for health care coverage on the obligor by mail at the
75obligor's last known address; and
76     c.  The obligor fails within 15 days after the mailing of
77the notice to provide written proof to the obligee that the
78health care coverage existed as of the date of mailing.
79     2.a.  A support order enforced under Title IV-D of the
80Social Security Act which requires that the obligor provide
81health care coverage is enforceable by the department through
82the use of the national medical support notice, and an amendment
83to the support order is not required. The department shall
84transfer the national medical support notice to the obligor's
85union or employer. The department shall notify the obligor in
86writing that the notice has been sent to the obligor's union or
87employer, and the written notification must include the
88obligor's rights and duties under the national medical support
89notice. The obligor may contest the withholding required by the
90national medical support notice based on a mistake of fact. To
91contest the withholding, the obligor must file a written notice
92of contest with the department within 15 business days after the
93date the obligor receives written notification of the national
94medical support notice from the department. Filing with the
95department is complete when the notice is received by the person
96designated by the department in the written notification. The
97notice of contest must be in the form prescribed by the
98department. Upon the timely filing of a notice of contest, the
99department shall, within 5 business days, schedule an informal
100conference with the obligor to discuss the obligor's factual
101dispute. If the informal conference resolves the dispute to the
102obligor's satisfaction or if the obligor fails to attend the
103informal conference, the notice of contest is deemed withdrawn.
104If the informal conference does not resolve the dispute, the
105obligor may request an administrative hearing under chapter 120
106within 5 business days after the termination of the informal
107conference, in a form and manner prescribed by the department.
108However, the filing of a notice of contest by the obligor does
109not delay the withholding of premium payments by the union,
110employer, or health plan administrator. The union, employer, or
111health plan administrator must implement the withholding as
112directed by the national medical support notice unless notified
113by the department that the national medical support notice is
114terminated.
115     b.  In a Title IV-D case, the department shall notify an
116obligor's union or employer if the obligation to provide health
117care coverage through that union or employer is terminated.
118     3.  In a non-Title IV-D case, upon receipt of the order
119pursuant to subparagraph 1., or upon application of the obligor
120pursuant to the order, the union or employer shall enroll the
121minor child as a beneficiary in the group health plan regardless
122of any restrictions on the enrollment period and withhold any
123required premium from the obligor's income. If more than one
124plan is offered by the union or employer, the child shall be
125enrolled in the group health plan in which the obligor is
126enrolled.
127     4.a.  Upon receipt of the national medical support notice
128under subparagraph 2. in a Title IV-D case, the union or
129employer shall transfer the notice to the appropriate group
130health plan administrator within 20 business days after the date
131on the notice. The plan administrator must enroll the child as a
132beneficiary in the group health plan regardless of any
133restrictions on the enrollment period, and the union or employer
134must withhold any required premium from the obligor's income
135upon notification by the plan administrator that the child is
136enrolled. The child shall be enrolled in the group health plan
137in which the obligor is enrolled. If the group health plan in
138which the obligor is enrolled is not available where the child
139resides or if the obligor is not enrolled in group coverage, the
140child shall be enrolled in the lowest cost group health plan
141that is available where the child resides.
142     b.  If health care coverage or the obligor's employment is
143terminated in a Title IV-D case, the union or employer that is
144withholding premiums for health care coverage under a national
145medical support notice must notify the department within 20 days
146after the termination and provide the obligor's last known
147address and the name and address of the obligor's new employer,
148if known.
149     5.a.  The amount withheld by a union or employer in
150compliance with a support order may not exceed the amount
151allowed under s. 303(b) of the Consumer Credit Protection Act,
15215 U.S.C. s. 1673(b), as amended. The union or employer shall
153withhold the maximum allowed by the Consumer Credit Protection
154Act in the following order:
155     (I)  Current support, as ordered.
156     (II)  Premium payments for health care coverage, as
157ordered.
158     (III)  Past due support, as ordered.
159     (IV)  Other medical support or coverage, as ordered.
160     b.  If the combined amount to be withheld for current
161support plus the premium payment for health care coverage exceed
162the amount allowed under the Consumer Credit Protection Act, and
163the health care coverage cannot be obtained unless the full
164amount of the premium is paid, the union or employer may not
165withhold the premium payment. However, the union or employer
166shall withhold the maximum allowed in the following order:
167     (I)  Current support, as ordered.
168     (II)  Past due support, as ordered.
169     (III)  Other medical support or coverage, as ordered.
170     6.  An employer, union, or plan administrator who does not
171comply with the requirements of sub-subparagraph 4.a. is subject
172to a civil penalty not to exceed $250 for the first violation
173and $500 for subsequent violations, plus attorney's fees and
174costs. The department may file a petition in circuit court to
175enforce the requirements of this subparagraph.
176     7.6.  The Department of Revenue may adopt rules to
177administer the child support enforcement provisions of this
178section which affect Title IV-D cases.
179     Section 2.  Effective July 1, 2006, subsections (1) and (2)
180of section 61.1354, Florida Statutes, are amended to read:
181     61.1354  Sharing of information between consumer reporting
182agencies and the IV-D agency.--
183     (1)  Upon receipt of a request from a consumer reporting
184agency as defined in s. 603(f) of the Fair Credit Reporting Act,
185the IV-D agency or the depository in non-Title-IV-D cases shall
186make available information relating to the amount of current and
187overdue support owed by an obligor. The IV-D agency or the
188depository in non-Title-IV-D cases shall give the obligor
189written notice, at least 15 days prior to the release of
190information, of the IV-D agency's or depository's authority to
191release information to consumer reporting agencies relating to
192the amount of current and overdue support owed by the obligor.
193The obligor shall be informed of his or her right to request a
194hearing with the IV-D agency or the court in non-Title-IV-D
195cases to contest the accuracy of the information.
196     (2)  The IV-D agency shall report periodically to
197appropriate consumer reporting agencies, as identified by the
198IV-D agency, the name and social security number of any
199delinquent obligor, and the amount of overdue support owed by
200the obligor, and the amount of current support owed by the
201obligor when the overdue support is paid. The IV-D agency, or
202its designee, shall provide the obligor with written notice, at
203least 15 days prior to the initial release of information, of
204the IV-D agency's authority to release the information
205periodically to the consumer reporting agencies. The notice
206shall state the amount of overdue support owed and the amount of
207current support owed when the overdue support is paid and shall
208inform the obligor of the right to request a hearing with the
209IV-D agency within 15 days after receipt of the notice to
210contest the accuracy of the information. After the initial
211notice is given, no further notice or opportunity for a hearing
212need be given when updated information concerning the same
213obligor is periodically released to the consumer reporting
214agencies.
215     Section 3.  Effective December 1, 2005, paragraph (a) of
216subsection (8) of section 61.14, Florida Statutes, is amended to
217read:
218     61.14  Enforcement and modification of support,
219maintenance, or alimony agreements or orders.--
220     (8)(a)  When an employee and employer reach an agreement
221for a lump-sum settlement under s. 440.20(11), no proceeds of
222the settlement shall be disbursed to the employee, nor shall any
223attorney's fees be disbursed, until after a judge of
224compensation claims reviews the proposed disbursement and enters
225an order finding the settlement provides for appropriate
226recovery of any support arrearage. The employee, or the
227employee's attorney if the employee is represented, shall submit
228a written statement from the department as to whether the
229employee owes unpaid support and, if so, the amount owed. In
230addition, the judge of compensation claims may require the
231employee to submit a similar statement from a local depository
232established under s. 61.181. The sworn statement of the employee
233that all existing support obligations have been disclosed is
234also required. If the judge finds the proposed allocation of
235support recovery insufficient, the parties may amend the
236allocation of support recovery within the settlement agreement
237to make the allocation of proceeds sufficient. The Office of the
238Judges of Compensation Claims shall adopt procedural rules to
239implement this paragraph. When reviewing and approving any lump-
240sum settlement under s. 440.20(11)(a) and (b), a judge of
241compensation claims must consider whether the settlement serves
242the interests of the worker and the worker's family, including,
243but not limited to, whether the settlement provides for
244appropriate recovery of any child support arrearage.
245     Section 4.  Subsection (1) of section 61.1812, Florida
246Statutes, is amended to read:
247     61.1812  Child Support Incentive Trust Fund.--
248     (1)  The Child Support Incentive Trust Fund is hereby
249created, to be administered by the Department of Revenue. All
250child support enforcement incentive earnings and that portion of
251the state share of Title IV-A public assistance collections
252recovered in fiscal year 1996-1997 by the Title IV-D program of
253the department which is in excess of the amount estimated by the
254February 1997 Social Services Estimating Conference to be
255recovered in fiscal year 1996-1997 shall be credited to the
256trust fund, and no other receipts, except interest earnings,
257shall be credited thereto. For fiscal years beginning with 1997-
2581998, in addition to incentive earnings and interest earnings,
259that portion of the state share of Title IV-A public assistance
260collections recovered in each fiscal year by the Title IV-D
261program of the department which is in excess of the amount
262estimated by the February 1997 Social Services Estimating
263Conference to be recovered in fiscal year 1997-1998 shall be
264credited to the trust fund. The purpose of the trust fund is to
265account for federal incentive payments to the state for child
266support enforcement and to support the activities of the child
267support enforcement program under Title IV-D of the Social
268Security Act. The department shall invest the money in the trust
269fund pursuant to s. 17.61 ss. 215.44-215.52, and retain all
270interest earnings in the trust fund. The department shall
271separately account for receipts credited to the trust fund. When
272all general revenue appropriations for the child support
273enforcement program have been shifted to the trust fund, then
274annually thereafter, on June 30, if revenues deposited into the
275trust fund, including federal child support incentive earnings,
276have exceeded state expenditures for the child support
277enforcement program administered by the department for the prior
27812-month period, the revenues in excess of cash flow needs are
279transferred to the General Revenue Fund.
280     Section 5.  Subsection (2) of section 222.21, Florida
281Statutes, is amended to read:
282     222.21  Exemption of pension money and retirement or
283profit-sharing benefits from legal processes.--
284     (2)(a)  Except as provided in paragraph (b), any money or
285other assets payable to a participant or beneficiary from, or
286any interest of any participant or beneficiary in, a retirement
287or profit-sharing plan that is qualified under s. 401(a), s.
288403(a), s. 403(b), s. 408, s. 408A, or s. 409 of the Internal
289Revenue Code of 1986, as amended, is exempt from all claims of
290creditors of the beneficiary or participant.
291     (b)  Any plan or arrangement described in paragraph (a) is
292not exempt from the claims of an alternate payee under a
293qualified domestic relations order. However, the interest of any
294alternate payee under a qualified domestic relations order is
295exempt from all claims of any creditor, other than the
296Department of Revenue Children and Family Services, of the
297alternate payee. As used in this paragraph, the terms "alternate
298payee" and "qualified domestic relations order" have the
299meanings ascribed to them in s. 414(p) of the Internal Revenue
300Code of 1986.
301     (c)  The provisions of paragraphs (a) and (b) apply to any
302proceeding that is filed on or after October 1, 1987.
303     Section 6.  Effective July 1, 2005, paragraph (b) of
304subsection (1) of section 382.016, Florida Statutes, is amended
305to read:
306     382.016  Amendment of records.--The department, upon
307receipt of the fee prescribed in s. 382.0255; documentary
308evidence, as specified by rule, of any misstatement, error, or
309omission occurring in any birth, death, or fetal death record;
310and an affidavit setting forth the changes to be made, shall
311amend or replace the original certificate as necessary.
312     (1)  CERTIFICATE OF LIVE BIRTH AMENDMENT.--
313     (b)  Upon written request and receipt of an affidavit, a
314notarized voluntary acknowledgment of paternity signed by the
315mother and father acknowledging the paternity of a registrant
316born out of wedlock, or a voluntary acknowledgment of paternity
317that is witnessed by two individuals and signed under penalty of
318perjury as specified by s. 92.525(2), together with sufficient
319information to identify the original certificate of live birth,
320the department shall prepare a new birth certificate, which
321shall bear the same file number as the original birth
322certificate. The names and identifying information of the
323parents shall be entered as of the date of the registrant's
324birth. The surname of the registrant may be changed from that
325shown on the original birth certificate at the request of the
326mother and father of the registrant, or the registrant if of
327legal age. If the mother and father marry each other at any time
328after the registrant's birth, the department shall, upon the
329request of the mother and father or registrant if of legal age
330and proof of the marriage, amend the certificate with regard to
331the parents' marital status as though the parents were married
332at the time of birth. The department shall substitute the new
333certificate of birth for the original certificate on file. All
334copies of the original certificate of live birth in the custody
335of a local registrar or other state custodian of vital records
336shall be forwarded to the State Registrar. Thereafter, when a
337certified copy of the certificate of birth or portion thereof is
338issued, it shall be a copy of the new certificate of birth or
339portion thereof, except when a court order requires issuance of
340a certified copy of the original certificate of birth. Except
341for a birth certificate on which a father is listed pursuant to
342an affidavit, a notarized voluntary acknowledgment of paternity
343signed by the mother and father acknowledging the paternity of a
344registrant born out of wedlock, or a voluntary acknowledgment of
345paternity that is witnessed by two individuals and signed under
346penalty of perjury as specified by s. 92.525(2), the department
347shall place the original certificate of birth and all papers
348pertaining thereto under seal, not to be broken except by order
349of a court of competent jurisdiction or as otherwise provided by
350law.
351     Section 7.  Effective October 1, 2005, paragraph (d) is
352added to subsection (1) of section 382.016, Florida Statutes, to
353read:
354     382.016  Amendment of records.--The department, upon
355receipt of the fee prescribed in s. 382.0255; documentary
356evidence, as specified by rule, of any misstatement, error, or
357omission occurring in any birth, death, or fetal death record;
358and an affidavit setting forth the changes to be made, shall
359amend or replace the original certificate as necessary.
360     (1)  CERTIFICATE OF LIVE BIRTH AMENDMENT.--
361     (d)  For a child born in this state whose paternity is
362established in another state, the department shall amend the
363child's birth certificate to include the name of the father upon
364receipt of:
365     1.  A certified copy of an acknowledgment of paternity,
366final judgment, or judicial or administrative order from another
367state that determines the child's paternity; or
368     2.  A noncertified copy of an acknowledgment of paternity,
369final judgment, or judicial or administrative order from another
370state that determines the child's paternity when provided with
371an affidavit or written declaration from the Department of
372Revenue that states the document was provided by or obtained
373from another state's Title IV-D program.
374
375The department may not amend a child's birth certificate to
376include the name of the child's father if paternity was
377established by adoption and the father is not eligible to adopt
378under state law.
379     Section 8.  Effective October 1, 2005, subsection (7) of
380section 409.2558, Florida Statutes, is renumbered as subsection
381(8), and a new subsection (7) is added to said section to read:
382     409.2558  Support distribution and disbursement.--
383     (7)  ORDER REDIRECTING PAYMENTS TO THE PERSON WITH WHOM THE
384CHILD RESIDES.--
385     (a)  If the department determines in a Title IV-D case that
386a child for whom a support order has been entered by a tribunal
387of this state resides with a person other than the obligee or
388obligor, the department may not disburse current support
389payments for the child to the obligee without a further order
390from the tribunal that entered the support order. For purposes
391of this section, "tribunal" means either the circuit court or
392the department.
393     (b)  A determination by the department under paragraph (a)
394must be based on one or more of the following factors:
395     1.  Public assistance records that show a person other than
396the obligee or obligor is receiving public assistance for the
397child.
398     2.  A statement by the obligee that the child resides with
399a person other than the obligee or obligor is submitted to the
400department.
401     3.  A sworn statement or written declaration signed under
402penalty of perjury by a person who has personal knowledge that
403the child resides with a person other than the obligee or
404obligor is submitted to the department.
405     4.  Government records that show the obligee is
406incarcerated.
407     5.  Evidence that the obligee has left the community where
408the child resides is submitted to the department.
409     6.  Other credible information that indicates the child
410resides with a person other than the obligee or obligor is
411submitted to the department.
412     (c)  When the department determines that a child as
413specified in paragraph (a) resides with a person other than the
414obligee or obligor, the department shall submit by regular mail
415to the obligee, the obligor, and, if known, the person with whom
416the child resides a notice that states:
417     1.  The facts on which the determination is based.
418     2.  The name and address of the person with whom the child
419resides, if known, unless disclosure is prohibited under s.
420409.2579(3) or (4) or the child is in foster care.
421     3.  That the department will not disburse current support
422payments for the child without a further order from the tribunal
423that entered the support order.
424     4.  If the support order was entered by the circuit court:
425     a.  That the department will file a motion and proposed
426order with the court that asks the court to order that the
427obligor's current support payments be disbursed to the person
428with whom the child resides, determine arrearages, and order
429repayment of arrearages;
430     b.  That the obligee, the obligor, and the person with whom
431the child resides may file an objection in court to the proposed
432order or a motion to compel disbursement; and
433     c.  That the obligee, the obligor, and the person with whom
434the child resides will be mailed a copy of the department's
435motion and notified of any court hearing.
436     5.  If the support order was entered by the department:
437     a.  That the department intends to disburse the current
438support payments to the person with whom the child resides, if
439known, determine arrearages, and order repayment of arrearages;
440     b.  The effective date of the intended action to disburse
441current support payments to the person with whom the child
442resides, the amount of arrearages owed to the obligee and the
443person with whom the child resides, and the amount of the order
444for periodic repayment of arrearages;
445     c.  That the obligee, the obligor, and the person with whom
446the child resides may contest the intended action by filing with
447the department a petition for an administrative hearing within
44830 days after the date of mailing of the notice;
449     d.  That if a timely petition for an administrative hearing
450is filed, the parties will be given advance notice of the date,
451time, and place of the hearing; and
452     e.  That if the notice of intended action is not timely
453contested, the department will enter a final order based on what
454is stated in the notice.
455     (d)  The tribunal that entered the support order shall
456determine whether support payments not disbursed by the
457department and current support must be paid to the obligee, paid
458to the person with whom the child resides, or refunded to the
459obligor. The person with whom the child resides is deemed a
460party to the proceedings. The tribunal is not required to hold a
461hearing unless a party has filed a timely objection to the
462proposed order or a timely petition for an administrative
463hearing. If the department is the tribunal and a timely petition
464for an administrative hearing is filed, the hearing shall be
465conducted by the Division of Administrative Hearings and the
466administrative law judge shall enter a final order. If a hearing
467is not required, the tribunal shall enter an order within 30
468days after the department's motion is filed or the notice of
469intended action is mailed. If a timely objection or petition for
470an administrative hearing is filed, a hearing shall be conducted
471and an order entered within 30 days after the objection or
472petition is filed.
473     (e)  If the tribunal finds by a preponderance of the
474evidence that the child does not reside with the obligee, the
475tribunal shall enter an order that redirects the obligor's
476current support payments due under the support order to the
477person with whom the child resides, determine arrearages owed to
478the obligee and the person with whom the child resides, and
479order repayment of arrearages. The tribunal need not recompute
480the obligor's support obligation under the child support
481guidelines. If the person with whom the child resides is unknown
482and the obligor owes no arrearages or costs, the tribunal shall
483enter an order that refunds the payments not disbursed by the
484department to the obligor. If the child resides with the
485obligor, the person with whom the child resides is unknown, or
486the child's place of residence is unknown, the tribunal shall
487consider whether to abate, terminate, or modify the support
488order.
489     (f)  A tribunal that enters an order that redirects or
490refunds support payments shall file a copy of the order with the
491depository that serves as official recordkeeper for payments due
492under the support order. The depository shall maintain separate
493accounts and separate account numbers for individual payees.
494     Section 9.  Effective July 1, 2005, subsection (4) of
495section 409.2561, Florida Statutes, is amended to read:
496     409.2561  Support obligations when public assistance is
497paid; assignment of rights; subrogation; medical and health
498insurance information.--
499     (4)  No obligation of support under this section shall be
500incurred by any person who is the recipient of supplemental
501security income or temporary cash assistance public assistance
502moneys for the benefit of a dependent child or who is
503incapacitated and financially unable to pay as determined by the
504department.
505     Section 10.  Section 409.2567, Florida Statutes, is amended
506to read:
507     409.2567  Services to individuals not otherwise
508eligible.--All support services provided by the department shall
509be made available on behalf of all dependent children. Services
510shall be provided upon acceptance of public assistance or upon
511proper application filed with the department. The department
512shall adopt rules to provide for the payment of a $25
513application fee from each applicant who is not a public
514assistance recipient. The application fee shall be deposited in
515the Child Support Enforcement Application and Program Revenue
516Trust Fund within the Department of Revenue to be used for the
517Child Support Enforcement Program. The obligor is responsible
518for all administrative costs, as defined in s. 409.2554. The
519court shall order payment of administrative costs without
520requiring the department to have a member of the bar testify or
521submit an affidavit as to the reasonableness of the costs. An
522attorney-client relationship exists only between the department
523and the legal services providers in Title IV-D cases. The
524attorney shall advise the obligee in Title IV-D cases that the
525attorney represents the agency and not the obligee. In Title IV-
526D cases, any costs, including filing fees, recording fees,
527mediation costs, service of process fees, and other expenses
528incurred by the clerk of the circuit court, shall be assessed
529only against the nonprevailing obligor after the court makes a
530determination of the nonprevailing obligor's ability to pay such
531costs and fees. In any case where the court does not award all
532costs, the court shall state in the record its reasons for not
533awarding the costs. The Department of Revenue shall not be
534considered a party for purposes of this section; however, fees
535may be assessed against the department pursuant to s. 57.105(1).
536The department shall submit a monthly report to the Governor and
537the chairs of the Health and Human Services Fiscal Committee of
538the House of Representatives and the Ways and Means Committee of
539the Senate specifying the funds identified for collection from
540the noncustodial parents of children receiving temporary
541assistance and the amounts actually collected.
542     Section 11.  Effective October 1, 2005, section 409.821,
543Florida Statutes, is amended to read:
544     409.821  Florida Kidcare program public records
545exemption.--Notwithstanding any other law to the contrary, any
546information identifying a Florida Kidcare program applicant or
547enrollee, as defined in s. 409.811, held by the Agency for
548Health Care Administration, the Department of Children and
549Family Services, the Department of Health, or the Florida
550Healthy Kids Corporation is confidential and exempt from s.
551119.07(1) and s. 24(a), Art. I of the State Constitution. Such
552information may be disclosed to another governmental entity only
553if disclosure is necessary for the entity to perform its duties
554and responsibilities under the Florida Kidcare program and shall
555be disclosed to the Department of Revenue for purposes of
556administering the state's Title IV-D program. The receiving
557governmental entity must maintain the confidential and exempt
558status of such information. Furthermore, such information may
559not be released to any person without the written consent of the
560program applicant. This exemption applies to any information
561identifying a Florida Kidcare program applicant or enrollee held
562by the Agency for Health Care Administration, the Department of
563Children and Family Services, the Department of Health, or the
564Florida Healthy Kids Corporation before, on, or after the
565effective date of this exemption. A violation of this section is
566a misdemeanor of the second degree, punishable as provided in s.
567775.082 or s. 775.083.
568     Section 12.  Except as otherwise provided herein, this act
569shall take effect upon becoming a law.


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