| 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 the allocation of support recovery within |
| 15 | the settlement agreement; providing for rulemaking by the |
| 16 | Office of the Judges of Compensation Claims; amending s. |
| 17 | 61.1812, F.S.; correcting a reference; amending s. 222.21, |
| 18 | F.S.; correcting a reference; amending s. 382.016, F.S.; |
| 19 | providing exceptions to the requirement that the |
| 20 | department limit access to an acknowledgment of paternity |
| 21 | that amends an original birth certificate; providing |
| 22 | conditions under which an original birth certificate for a |
| 23 | child born in this state whose paternity is established in |
| 24 | another state may be amended; amending s. 409.2558, F.S.; |
| 25 | providing a procedure for redirecting payments to the |
| 26 | person with whom a child resides under certain |
| 27 | circumstances; providing for notice and hearing; amending |
| 28 | s. 409.2561, F.S.; providing limitation to exemption for |
| 29 | support order establishment to recipients of supplemental |
| 30 | security income and temporary cash assistance; amending s. |
| 31 | 409.2567, F.S.; eliminating requirement for a monthly |
| 32 | report by the department on funds identified for |
| 33 | collection from noncustodial parents of children receiving |
| 34 | temporary assistance; amending s. 409.821, F.S.; requiring |
| 35 | the provision of information identifying KidCare program |
| 36 | applicants to the department for Title IV-D purposes; |
| 37 | providing effective dates. |
| 38 |
|
| 39 | Be It Enacted by the Legislature of the State of Florida: |
| 40 |
|
| 41 | Section 1. Effective October 1, 2005, paragraph (b) of |
| 42 | subsection (1) of section 61.13, Florida Statutes, is amended to |
| 43 | read: |
| 44 | 61.13 Custody and support of children; visitation rights; |
| 45 | power of court in making orders.-- |
| 46 | (1) |
| 47 | (b) Each order for support shall contain a provision for |
| 48 | health care coverage for the minor child when the coverage is |
| 49 | reasonably available. Coverage is reasonably available if either |
| 50 | the obligor or obligee has access at a reasonable rate to a |
| 51 | group health plan. The court may require the obligor either to |
| 52 | provide health care coverage or to reimburse the obligee for the |
| 53 | cost of health care coverage for the minor child when coverage |
| 54 | is provided by the obligee. In either event, the court shall |
| 55 | apportion the cost of coverage, and any noncovered medical, |
| 56 | dental, and prescription medication expenses of the child, to |
| 57 | both parties by adding the cost to the basic obligation |
| 58 | determined pursuant to s. 61.30(6). The court may order that |
| 59 | payment of uncovered medical, dental, and prescription |
| 60 | medication expenses of the minor child be made directly to the |
| 61 | obligee on a percentage basis. |
| 62 | 1. In a non-Title IV-D case, a copy of the court order for |
| 63 | health care coverage shall be served on the obligor's union or |
| 64 | employer by the obligee when the following conditions are met: |
| 65 | a. The obligor fails to provide written proof to the |
| 66 | obligee within 30 days after receiving effective notice of the |
| 67 | court order, that the health care coverage has been obtained or |
| 68 | that application for coverage has been made; |
| 69 | b. The obligee serves written notice of intent to enforce |
| 70 | an order for health care coverage on the obligor by mail at the |
| 71 | obligor's last known address; and |
| 72 | c. The obligor fails within 15 days after the mailing of |
| 73 | the notice to provide written proof to the obligee that the |
| 74 | health care coverage existed as of the date of mailing. |
| 75 | 2.a. A support order enforced under Title IV-D of the |
| 76 | Social Security Act which requires that the obligor provide |
| 77 | health care coverage is enforceable by the department through |
| 78 | the use of the national medical support notice, and an amendment |
| 79 | to the support order is not required. The department shall |
| 80 | transfer the national medical support notice to the obligor's |
| 81 | union or employer. The department shall notify the obligor in |
| 82 | writing that the notice has been sent to the obligor's union or |
| 83 | employer, and the written notification must include the |
| 84 | obligor's rights and duties under the national medical support |
| 85 | notice. The obligor may contest the withholding required by the |
| 86 | national medical support notice based on a mistake of fact. To |
| 87 | contest the withholding, the obligor must file a written notice |
| 88 | of contest with the department within 15 business days after the |
| 89 | date the obligor receives written notification of the national |
| 90 | medical support notice from the department. Filing with the |
| 91 | department is complete when the notice is received by the person |
| 92 | designated by the department in the written notification. The |
| 93 | notice of contest must be in the form prescribed by the |
| 94 | department. Upon the timely filing of a notice of contest, the |
| 95 | department shall, within 5 business days, schedule an informal |
| 96 | conference with the obligor to discuss the obligor's factual |
| 97 | dispute. If the informal conference resolves the dispute to the |
| 98 | obligor's satisfaction or if the obligor fails to attend the |
| 99 | informal conference, the notice of contest is deemed withdrawn. |
| 100 | If the informal conference does not resolve the dispute, the |
| 101 | obligor may request an administrative hearing under chapter 120 |
| 102 | within 5 business days after the termination of the informal |
| 103 | conference, in a form and manner prescribed by the department. |
| 104 | However, the filing of a notice of contest by the obligor does |
| 105 | not delay the withholding of premium payments by the union, |
| 106 | employer, or health plan administrator. The union, employer, or |
| 107 | health plan administrator must implement the withholding as |
| 108 | directed by the national medical support notice unless notified |
| 109 | by the department that the national medical support notice is |
| 110 | terminated. |
| 111 | b. In a Title IV-D case, the department shall notify an |
| 112 | obligor's union or employer if the obligation to provide health |
| 113 | care coverage through that union or employer is terminated. |
| 114 | 3. In a non-Title IV-D case, upon receipt of the order |
| 115 | pursuant to subparagraph 1., or upon application of the obligor |
| 116 | pursuant to the order, the union or employer shall enroll the |
| 117 | minor child as a beneficiary in the group health plan regardless |
| 118 | of any restrictions on the enrollment period and withhold any |
| 119 | required premium from the obligor's income. If more than one |
| 120 | plan is offered by the union or employer, the child shall be |
| 121 | enrolled in the group health plan in which the obligor is |
| 122 | enrolled. |
| 123 | 4.a. Upon receipt of the national medical support notice |
| 124 | under subparagraph 2. in a Title IV-D case, the union or |
| 125 | employer shall transfer the notice to the appropriate group |
| 126 | health plan administrator within 20 business days after the date |
| 127 | on the notice. The plan administrator must enroll the child as a |
| 128 | beneficiary in the group health plan regardless of any |
| 129 | restrictions on the enrollment period, and the union or employer |
| 130 | must withhold any required premium from the obligor's income |
| 131 | upon notification by the plan administrator that the child is |
| 132 | enrolled. The child shall be enrolled in the group health plan |
| 133 | in which the obligor is enrolled. If the group health plan in |
| 134 | which the obligor is enrolled is not available where the child |
| 135 | resides or if the obligor is not enrolled in group coverage, the |
| 136 | child shall be enrolled in the lowest cost group health plan |
| 137 | that is available where the child resides. |
| 138 | b. If health care coverage or the obligor's employment is |
| 139 | terminated in a Title IV-D case, the union or employer that is |
| 140 | withholding premiums for health care coverage under a national |
| 141 | medical support notice must notify the department within 20 days |
| 142 | after the termination and provide the obligor's last known |
| 143 | address and the name and address of the obligor's new employer, |
| 144 | if known. |
| 145 | 5.a. The amount withheld by a union or employer in |
| 146 | compliance with a support order may not exceed the amount |
| 147 | allowed under s. 303(b) of the Consumer Credit Protection Act, |
| 148 | 15 U.S.C. s. 1673(b), as amended. The union or employer shall |
| 149 | withhold the maximum allowed by the Consumer Credit Protection |
| 150 | Act in the following order: |
| 151 | (I) Current support, as ordered. |
| 152 | (II) Premium payments for health care coverage, as |
| 153 | ordered. |
| 154 | (III) Past due support, as ordered. |
| 155 | (IV) Other medical support or coverage, as ordered. |
| 156 | b. If the combined amount to be withheld for current |
| 157 | support plus the premium payment for health care coverage exceed |
| 158 | the amount allowed under the Consumer Credit Protection Act, and |
| 159 | the health care coverage cannot be obtained unless the full |
| 160 | amount of the premium is paid, the union or employer may not |
| 161 | withhold the premium payment. However, the union or employer |
| 162 | shall withhold the maximum allowed in the following order: |
| 163 | (I) Current support, as ordered. |
| 164 | (II) Past due support, as ordered. |
| 165 | (III) Other medical support or coverage, as ordered. |
| 166 | 6. An employer, union, or plan administrator who does not |
| 167 | comply with the requirements of sub-subparagraph 4.a. is subject |
| 168 | to a civil penalty not to exceed $250 for the first violation |
| 169 | and $500 for subsequent violations, plus attorney's fees and |
| 170 | costs. The department may file a petition in circuit court to |
| 171 | enforce the requirements of this subparagraph. |
| 172 | 7.6. The Department of Revenue may adopt rules to |
| 173 | administer the child support enforcement provisions of this |
| 174 | section which affect Title IV-D cases. |
| 175 | Section 2. Effective July 1, 2006, subsections (1) and (2) |
| 176 | of section 61.1354, Florida Statutes, are amended to read: |
| 177 | 61.1354 Sharing of information between consumer reporting |
| 178 | agencies and the IV-D agency.-- |
| 179 | (1) Upon receipt of a request from a consumer reporting |
| 180 | agency as defined in s. 603(f) of the Fair Credit Reporting Act, |
| 181 | the IV-D agency or the depository in non-Title-IV-D cases shall |
| 182 | make available information relating to the amount of current and |
| 183 | overdue support owed by an obligor. The IV-D agency or the |
| 184 | depository in non-Title-IV-D cases shall give the obligor |
| 185 | written notice, at least 15 days prior to the release of |
| 186 | information, of the IV-D agency's or depository's authority to |
| 187 | release information to consumer reporting agencies relating to |
| 188 | the amount of current and overdue support owed by the obligor. |
| 189 | The obligor shall be informed of his or her right to request a |
| 190 | hearing with the IV-D agency or the court in non-Title-IV-D |
| 191 | cases to contest the accuracy of the information. |
| 192 | (2) The IV-D agency shall report periodically to |
| 193 | appropriate consumer reporting agencies, as identified by the |
| 194 | IV-D agency, the name and social security number of any |
| 195 | delinquent obligor, and the amount of overdue support owed by |
| 196 | the obligor, and the amount of current support owed by the |
| 197 | obligor when the overdue support is paid. The IV-D agency, or |
| 198 | its designee, shall provide the obligor with written notice, at |
| 199 | least 15 days prior to the initial release of information, of |
| 200 | the IV-D agency's authority to release the information |
| 201 | periodically to the consumer reporting agencies. The notice |
| 202 | shall state the amount of overdue support owed and the amount of |
| 203 | current support owed when the overdue support is paid and shall |
| 204 | inform the obligor of the right to request a hearing with the |
| 205 | IV-D agency within 15 days after receipt of the notice to |
| 206 | contest the accuracy of the information. After the initial |
| 207 | notice is given, no further notice or opportunity for a hearing |
| 208 | need be given when updated information concerning the same |
| 209 | obligor is periodically released to the consumer reporting |
| 210 | agencies. |
| 211 | Section 3. Effective December 1, 2005, paragraph (a) of |
| 212 | subsection (8) of section 61.14, Florida Statutes, is amended to |
| 213 | read: |
| 214 | 61.14 Enforcement and modification of support, |
| 215 | maintenance, or alimony agreements or orders.-- |
| 216 | (8)(a) When an employee and employer reach an agreement |
| 217 | for a lump-sum settlement under s. 440.20(11), no proceeds of |
| 218 | the settlement shall be disbursed to the employee, nor shall any |
| 219 | attorney's fees be disbursed, until after a judge of |
| 220 | compensation claims reviews the proposed disbursement and enters |
| 221 | an order finding the settlement provides for appropriate |
| 222 | recovery of any support arrearage. The employee, or the |
| 223 | employee's attorney if the employee is represented, shall submit |
| 224 | a written statement from the department as to whether the |
| 225 | employee owes unpaid support and, if so, the amount owed. In |
| 226 | addition, the judge of compensation claims may require the |
| 227 | employee to submit a similar statement from a local depository |
| 228 | established under s. 61.181. The sworn statement of the employee |
| 229 | that all existing support obligations have been disclosed is |
| 230 | also required. If the judge finds the proposed allocation of |
| 231 | support recovery insufficient, the parties may amend the |
| 232 | allocation of support recovery within the settlement agreement |
| 233 | to make the allocation of proceeds sufficient. The Office of the |
| 234 | Judges of Compensation Claims shall adopt procedural rules to |
| 235 | implement this paragraph. When reviewing and approving any lump- |
| 236 | sum settlement under s. 440.20(11)(a) and (b), a judge of |
| 237 | compensation claims must consider whether the settlement serves |
| 238 | the interests of the worker and the worker's family, including, |
| 239 | but not limited to, whether the settlement provides for |
| 240 | appropriate recovery of any child support arrearage. |
| 241 | Section 4. Subsection (1) of section 61.1812, Florida |
| 242 | Statutes, is amended to read: |
| 243 | 61.1812 Child Support Incentive Trust Fund.-- |
| 244 | (1) The Child Support Incentive Trust Fund is hereby |
| 245 | created, to be administered by the Department of Revenue. All |
| 246 | child support enforcement incentive earnings and that portion of |
| 247 | the state share of Title IV-A public assistance collections |
| 248 | recovered in fiscal year 1996-1997 by the Title IV-D program of |
| 249 | the department which is in excess of the amount estimated by the |
| 250 | February 1997 Social Services Estimating Conference to be |
| 251 | recovered in fiscal year 1996-1997 shall be credited to the |
| 252 | trust fund, and no other receipts, except interest earnings, |
| 253 | shall be credited thereto. For fiscal years beginning with 1997- |
| 254 | 1998, in addition to incentive earnings and interest earnings, |
| 255 | that portion of the state share of Title IV-A public assistance |
| 256 | collections recovered in each fiscal year by the Title IV-D |
| 257 | program of the department which is in excess of the amount |
| 258 | estimated by the February 1997 Social Services Estimating |
| 259 | Conference to be recovered in fiscal year 1997-1998 shall be |
| 260 | credited to the trust fund. The purpose of the trust fund is to |
| 261 | account for federal incentive payments to the state for child |
| 262 | support enforcement and to support the activities of the child |
| 263 | support enforcement program under Title IV-D of the Social |
| 264 | Security Act. The department shall invest the money in the trust |
| 265 | fund pursuant to s. 17.61 ss. 215.44-215.52, and retain all |
| 266 | interest earnings in the trust fund. The department shall |
| 267 | separately account for receipts credited to the trust fund. When |
| 268 | all general revenue appropriations for the child support |
| 269 | enforcement program have been shifted to the trust fund, then |
| 270 | annually thereafter, on June 30, if revenues deposited into the |
| 271 | trust fund, including federal child support incentive earnings, |
| 272 | have exceeded state expenditures for the child support |
| 273 | enforcement program administered by the department for the prior |
| 274 | 12-month period, the revenues in excess of cash flow needs are |
| 275 | transferred to the General Revenue Fund. |
| 276 | Section 5. Subsection (2) of section 222.21, Florida |
| 277 | Statutes, is amended to read: |
| 278 | 222.21 Exemption of pension money and retirement or |
| 279 | profit-sharing benefits from legal processes.-- |
| 280 | (2)(a) Except as provided in paragraph (b), any money or |
| 281 | other assets payable to a participant or beneficiary from, or |
| 282 | any interest of any participant or beneficiary in, a retirement |
| 283 | or profit-sharing plan that is qualified under s. 401(a), s. |
| 284 | 403(a), s. 403(b), s. 408, s. 408A, or s. 409 of the Internal |
| 285 | Revenue Code of 1986, as amended, is exempt from all claims of |
| 286 | creditors of the beneficiary or participant. |
| 287 | (b) Any plan or arrangement described in paragraph (a) is |
| 288 | not exempt from the claims of an alternate payee under a |
| 289 | qualified domestic relations order. However, the interest of any |
| 290 | alternate payee under a qualified domestic relations order is |
| 291 | exempt from all claims of any creditor, other than the |
| 292 | Department of Revenue Children and Family Services, of the |
| 293 | alternate payee. As used in this paragraph, the terms "alternate |
| 294 | payee" and "qualified domestic relations order" have the |
| 295 | meanings ascribed to them in s. 414(p) of the Internal Revenue |
| 296 | Code of 1986. |
| 297 | (c) The provisions of paragraphs (a) and (b) apply to any |
| 298 | proceeding that is filed on or after October 1, 1987. |
| 299 | Section 6. Effective July 1, 2005, paragraph (b) of |
| 300 | subsection (1) of section 382.016, Florida Statutes, is amended |
| 301 | to read: |
| 302 | 382.016 Amendment of records.--The department, upon |
| 303 | receipt of the fee prescribed in s. 382.0255; documentary |
| 304 | evidence, as specified by rule, of any misstatement, error, or |
| 305 | omission occurring in any birth, death, or fetal death record; |
| 306 | and an affidavit setting forth the changes to be made, shall |
| 307 | amend or replace the original certificate as necessary. |
| 308 | (1) CERTIFICATE OF LIVE BIRTH AMENDMENT.-- |
| 309 | (b) Upon written request and receipt of an affidavit, a |
| 310 | notarized voluntary acknowledgment of paternity signed by the |
| 311 | mother and father acknowledging the paternity of a registrant |
| 312 | born out of wedlock, or a voluntary acknowledgment of paternity |
| 313 | that is witnessed by two individuals and signed under penalty of |
| 314 | perjury as specified by s. 92.525(2), together with sufficient |
| 315 | information to identify the original certificate of live birth, |
| 316 | the department shall prepare a new birth certificate, which |
| 317 | shall bear the same file number as the original birth |
| 318 | certificate. The names and identifying information of the |
| 319 | parents shall be entered as of the date of the registrant's |
| 320 | birth. The surname of the registrant may be changed from that |
| 321 | shown on the original birth certificate at the request of the |
| 322 | mother and father of the registrant, or the registrant if of |
| 323 | legal age. If the mother and father marry each other at any time |
| 324 | after the registrant's birth, the department shall, upon the |
| 325 | request of the mother and father or registrant if of legal age |
| 326 | and proof of the marriage, amend the certificate with regard to |
| 327 | the parents' marital status as though the parents were married |
| 328 | at the time of birth. The department shall substitute the new |
| 329 | certificate of birth for the original certificate on file. All |
| 330 | copies of the original certificate of live birth in the custody |
| 331 | of a local registrar or other state custodian of vital records |
| 332 | shall be forwarded to the State Registrar. Thereafter, when a |
| 333 | certified copy of the certificate of birth or portion thereof is |
| 334 | issued, it shall be a copy of the new certificate of birth or |
| 335 | portion thereof, except when a court order requires issuance of |
| 336 | a certified copy of the original certificate of birth. Except |
| 337 | for a birth certificate on which a father is listed pursuant to |
| 338 | an affidavit, a notarized voluntary acknowledgment of paternity |
| 339 | signed by the mother and father acknowledging the paternity of a |
| 340 | registrant born out of wedlock, or a voluntary acknowledgment of |
| 341 | paternity that is witnessed by two individuals and signed under |
| 342 | penalty of perjury as specified by s. 92.525(2), the department |
| 343 | shall place the original certificate of birth and all papers |
| 344 | pertaining thereto under seal, not to be broken except by order |
| 345 | of a court of competent jurisdiction or as otherwise provided by |
| 346 | law. |
| 347 | Section 7. Effective October 1, 2005, paragraph (d) is |
| 348 | added to subsection (1) of section 382.016, Florida Statutes, to |
| 349 | read: |
| 350 | 382.016 Amendment of records.--The department, upon |
| 351 | receipt of the fee prescribed in s. 382.0255; documentary |
| 352 | evidence, as specified by rule, of any misstatement, error, or |
| 353 | omission occurring in any birth, death, or fetal death record; |
| 354 | and an affidavit setting forth the changes to be made, shall |
| 355 | amend or replace the original certificate as necessary. |
| 356 | (1) CERTIFICATE OF LIVE BIRTH AMENDMENT.-- |
| 357 | (d) For a child born in this state whose paternity is |
| 358 | established in another state, the department shall amend the |
| 359 | child's birth certificate to include the name of the father upon |
| 360 | receipt of: |
| 361 | 1. A certified copy of an acknowledgment of paternity, |
| 362 | final judgment, or judicial or administrative order from another |
| 363 | state that determines the child's paternity; or |
| 364 | 2. A noncertified copy of an acknowledgment of paternity, |
| 365 | final judgment, or judicial or administrative order from another |
| 366 | state that determines the child's paternity when provided with |
| 367 | an affidavit or written declaration from the Department of |
| 368 | Revenue that states the document was provided by or obtained |
| 369 | from another state's Title IV-D program. |
| 370 |
|
| 371 | The department may not amend a child's birth certificate to |
| 372 | include the name of the child's father if paternity was |
| 373 | established by adoption and the father is not eligible to adopt |
| 374 | under state law. |
| 375 | Section 8. Effective October 1, 2005, subsection (7) of |
| 376 | section 409.2558, Florida Statutes, is renumbered as subsection |
| 377 | (8), and a new subsection (7) is added to said section to read: |
| 378 | 409.2558 Support distribution and disbursement.-- |
| 379 | (7) ORDER REDIRECTING PAYMENTS TO THE PERSON WITH WHOM THE |
| 380 | CHILD RESIDES.-- |
| 381 | (a) If the department determines in a Title IV-D case that |
| 382 | a child for whom a support order has been entered by a tribunal |
| 383 | of this state resides with a person other than the obligee or |
| 384 | obligor, the department may not disburse current support |
| 385 | payments for the child to the obligee without a further order |
| 386 | from the tribunal that entered the support order. For purposes |
| 387 | of this section, "tribunal" means either the circuit court or |
| 388 | the department. |
| 389 | (b) A determination by the department under paragraph (a) |
| 390 | must be based on one or more of the following factors: |
| 391 | 1. Public assistance records that show a person other than |
| 392 | the obligee or obligor is receiving public assistance for the |
| 393 | child. |
| 394 | 2. A statement by the obligee that the child resides with |
| 395 | a person other than the obligee or obligor is submitted to the |
| 396 | department. |
| 397 | 3. A sworn statement or written declaration signed under |
| 398 | penalty of perjury by a person who has personal knowledge that |
| 399 | the child resides with a person other than the obligee or |
| 400 | obligor is submitted to the department. |
| 401 | 4. Government records that show the obligee is |
| 402 | incarcerated. |
| 403 | 5. Evidence that the obligee has left the community where |
| 404 | the child resides is submitted to the department. |
| 405 | 6. Other credible information that indicates the child |
| 406 | resides with a person other than the obligee or obligor is |
| 407 | submitted to the department. |
| 408 | (c) When the department determines that a child as |
| 409 | specified in paragraph (a) resides with a person other than the |
| 410 | obligee or obligor, the department shall submit by regular mail |
| 411 | to the obligee, the obligor, and, if known, the person with whom |
| 412 | the child resides a notice that states: |
| 413 | 1. The facts on which the determination is based. |
| 414 | 2. The name and address of the person with whom the child |
| 415 | resides, if known, unless disclosure is prohibited under s. |
| 416 | 409.2579(3) or (4) or the child is in foster care. |
| 417 | 3. That the department will not disburse current support |
| 418 | payments for the child without a further order from the tribunal |
| 419 | that entered the support order. |
| 420 | 4. If the support order was entered by the circuit court: |
| 421 | a. That the department will file a motion and proposed |
| 422 | order with the court that asks the court to order that the |
| 423 | obligor's current support payments be disbursed to the person |
| 424 | with whom the child resides, determine arrearages, and order |
| 425 | repayment of arrearages; |
| 426 | b. That the obligee, the obligor, and the person with whom |
| 427 | the child resides may file an objection in court to the proposed |
| 428 | order or a motion to compel disbursement; and |
| 429 | c. That the obligee, the obligor, and the person with whom |
| 430 | the child resides will be mailed a copy of the department's |
| 431 | motion and notified of any court hearing. |
| 432 | 5. If the support order was entered by the department: |
| 433 | a. That the department intends to disburse the current |
| 434 | support payments to the person with whom the child resides, if |
| 435 | known, determine arrearages, and order repayment of arrearages; |
| 436 | b. The effective date of the intended action to disburse |
| 437 | current support payments to the person with whom the child |
| 438 | resides, the amount of arrearages owed to the obligee and the |
| 439 | person with whom the child resides, and the amount of the order |
| 440 | for periodic repayment of arrearages; |
| 441 | c. That the obligee, the obligor, and the person with whom |
| 442 | the child resides may contest the intended action by filing with |
| 443 | the department a petition for an administrative hearing within |
| 444 | 30 days after the date of mailing of the notice; |
| 445 | d. That if a timely petition for an administrative hearing |
| 446 | is filed, the parties will be given advance notice of the date, |
| 447 | time, and place of the hearing; and |
| 448 | e. That if the notice of intended action is not timely |
| 449 | contested, the department will enter a final order based on what |
| 450 | is stated in the notice. |
| 451 | (d) The tribunal that entered the support order shall |
| 452 | determine whether support payments not disbursed by the |
| 453 | department and current support must be paid to the obligee, paid |
| 454 | to the person with whom the child resides, or refunded to the |
| 455 | obligor. The person with whom the child resides is deemed a |
| 456 | party to the proceedings. The tribunal is not required to hold a |
| 457 | hearing unless a party has filed a timely objection to the |
| 458 | proposed order or a timely petition for an administrative |
| 459 | hearing. If the department is the tribunal and a timely petition |
| 460 | for an administrative hearing is filed, the hearing shall be |
| 461 | conducted by the Division of Administrative Hearings and the |
| 462 | administrative law judge shall enter a final order. If a hearing |
| 463 | is not required, the tribunal shall enter an order within 30 |
| 464 | days after the department's motion is filed or the notice of |
| 465 | intended action is mailed. If a timely objection or petition for |
| 466 | an administrative hearing is filed, a hearing shall be conducted |
| 467 | and an order entered within 30 days after the objection or |
| 468 | petition is filed. |
| 469 | (e) If the tribunal finds by a preponderance of the |
| 470 | evidence that the child does not reside with the obligee, the |
| 471 | tribunal shall enter an order that redirects the obligor's |
| 472 | current support payments due under the support order to the |
| 473 | person with whom the child resides, determine arrearages owed to |
| 474 | the obligee and the person with whom the child resides, and |
| 475 | order repayment of arrearages. The tribunal need not recompute |
| 476 | the obligor's support obligation under the child support |
| 477 | guidelines. If the person with whom the child resides is unknown |
| 478 | and the obligor owes no arrearages or costs, the tribunal shall |
| 479 | enter an order that refunds the payments not disbursed by the |
| 480 | department to the obligor. If the child resides with the |
| 481 | obligor, the person with whom the child resides is unknown, or |
| 482 | the child's place of residence is unknown, the tribunal shall |
| 483 | consider whether to abate, terminate, or modify the support |
| 484 | order. |
| 485 | (f) A tribunal that enters an order that redirects or |
| 486 | refunds support payments shall file a copy of the order with the |
| 487 | depository that serves as official recordkeeper for payments due |
| 488 | under the support order. The depository shall maintain separate |
| 489 | accounts and separate account numbers for individual payees. |
| 490 | Section 9. Effective July 1, 2005, subsection (4) of |
| 491 | section 409.2561, Florida Statutes, is amended to read: |
| 492 | 409.2561 Support obligations when public assistance is |
| 493 | paid; assignment of rights; subrogation; medical and health |
| 494 | insurance information.-- |
| 495 | (4) No obligation of support under this section shall be |
| 496 | incurred by any person who is the recipient of supplemental |
| 497 | security income or temporary cash assistance public assistance |
| 498 | moneys for the benefit of a dependent child or who is |
| 499 | incapacitated and financially unable to pay as determined by the |
| 500 | department. |
| 501 | Section 10. Section 409.2567, Florida Statutes, is amended |
| 502 | to read: |
| 503 | 409.2567 Services to individuals not otherwise |
| 504 | eligible.--All support services provided by the department shall |
| 505 | be made available on behalf of all dependent children. Services |
| 506 | shall be provided upon acceptance of public assistance or upon |
| 507 | proper application filed with the department. The department |
| 508 | shall adopt rules to provide for the payment of a $25 |
| 509 | application fee from each applicant who is not a public |
| 510 | assistance recipient. The application fee shall be deposited in |
| 511 | the Child Support Enforcement Application and Program Revenue |
| 512 | Trust Fund within the Department of Revenue to be used for the |
| 513 | Child Support Enforcement Program. The obligor is responsible |
| 514 | for all administrative costs, as defined in s. 409.2554. The |
| 515 | court shall order payment of administrative costs without |
| 516 | requiring the department to have a member of the bar testify or |
| 517 | submit an affidavit as to the reasonableness of the costs. An |
| 518 | attorney-client relationship exists only between the department |
| 519 | and the legal services providers in Title IV-D cases. The |
| 520 | attorney shall advise the obligee in Title IV-D cases that the |
| 521 | attorney represents the agency and not the obligee. In Title IV- |
| 522 | D cases, any costs, including filing fees, recording fees, |
| 523 | mediation costs, service of process fees, and other expenses |
| 524 | incurred by the clerk of the circuit court, shall be assessed |
| 525 | only against the nonprevailing obligor after the court makes a |
| 526 | determination of the nonprevailing obligor's ability to pay such |
| 527 | costs and fees. In any case where the court does not award all |
| 528 | costs, the court shall state in the record its reasons for not |
| 529 | awarding the costs. The Department of Revenue shall not be |
| 530 | considered a party for purposes of this section; however, fees |
| 531 | may be assessed against the department pursuant to s. 57.105(1). |
| 532 | The department shall submit a monthly report to the Governor and |
| 533 | the chairs of the Health and Human Services Fiscal Committee of |
| 534 | the House of Representatives and the Ways and Means Committee of |
| 535 | the Senate specifying the funds identified for collection from |
| 536 | the noncustodial parents of children receiving temporary |
| 537 | assistance and the amounts actually collected. |
| 538 | Section 11. Effective October 1, 2005, section 409.821, |
| 539 | Florida Statutes, is amended to read: |
| 540 | 409.821 Florida Kidcare program public records |
| 541 | exemption.--Notwithstanding any other law to the contrary, any |
| 542 | information identifying a Florida Kidcare program applicant or |
| 543 | enrollee, as defined in s. 409.811, held by the Agency for |
| 544 | Health Care Administration, the Department of Children and |
| 545 | Family Services, the Department of Health, or the Florida |
| 546 | Healthy Kids Corporation is confidential and exempt from s. |
| 547 | 119.07(1) and s. 24(a), Art. I of the State Constitution. Such |
| 548 | information may be disclosed to another governmental entity only |
| 549 | if disclosure is necessary for the entity to perform its duties |
| 550 | and responsibilities under the Florida Kidcare program and shall |
| 551 | be disclosed to the Department of Revenue for purposes of |
| 552 | administering the state's Title IV-D program. The receiving |
| 553 | governmental entity must maintain the confidential and exempt |
| 554 | status of such information. Furthermore, such information may |
| 555 | not be released to any person without the written consent of the |
| 556 | program applicant. This exemption applies to any information |
| 557 | identifying a Florida Kidcare program applicant or enrollee held |
| 558 | by the Agency for Health Care Administration, the Department of |
| 559 | Children and Family Services, the Department of Health, or the |
| 560 | Florida Healthy Kids Corporation before, on, or after the |
| 561 | effective date of this exemption. A violation of this section is |
| 562 | a misdemeanor of the second degree, punishable as provided in s. |
| 563 | 775.082 or s. 775.083. |
| 564 | Section 12. Except as otherwise provided herein, this act |
| 565 | shall take effect upon becoming a law. |