HB 775

1
A bill to be entitled
2An act relating to child support enforcement; amending s.
361.13, F.S.; providing civil penalties for employers,
4unions, and plan administrators not in compliance with
5requirements of the national medical support notice;
6amending s. 61.1354, F.S.; providing for sharing of
7information between consumer reporting agencies and the
8Department of Revenue relating to amount of current
9support owed; requiring the department to continue
10reporting to consumer reporting agencies once overdue
11amount is paid if current support is still owed; amending
12s. 61.14, F.S.; providing conditions for collection of
13support from workers' compensation settlements; providing
14for amendment of the allocation of support recovery within
15the settlement agreement; providing for rulemaking by the
16Office of the Judges of Compensation Claims; amending s.
1761.1812, F.S.; correcting a reference; amending s. 222.21,
18F.S.; correcting a reference; amending s. 382.016, F.S.;
19providing exceptions to the requirement that the
20department limit access to an acknowledgment of paternity
21that amends an original birth certificate; providing
22conditions under which an original birth certificate for a
23child born in this state whose paternity is established in
24another state may be amended; amending s. 409.2558, F.S.;
25providing a procedure for redirecting payments to the
26person with whom a child resides under certain
27circumstances; providing for notice and hearing; amending
28s. 409.2561, F.S.; providing limitation to exemption for
29support order establishment to recipients of supplemental
30security income and temporary cash assistance; amending s.
31409.2567, F.S.; eliminating requirement for a monthly
32report by the department on funds identified for
33collection from noncustodial parents of children receiving
34temporary assistance; amending s. 409.821, F.S.; requiring
35the provision of information identifying KidCare program
36applicants to the department for Title IV-D purposes;
37providing effective dates.
38
39Be It Enacted by the Legislature of the State of Florida:
40
41     Section 1.  Effective October 1, 2005, paragraph (b) of
42subsection (1) of section 61.13, Florida Statutes, is amended to
43read:
44     61.13  Custody and support of children; visitation rights;
45power of court in making orders.--
46     (1)
47     (b)  Each order for support shall contain a provision for
48health care coverage for the minor child when the coverage is
49reasonably available. Coverage is reasonably available if either
50the obligor or obligee has access at a reasonable rate to a
51group health plan. The court may require the obligor either to
52provide health care coverage or to reimburse the obligee for the
53cost of health care coverage for the minor child when coverage
54is provided by the obligee. In either event, the court shall
55apportion the cost of coverage, and any noncovered medical,
56dental, and prescription medication expenses of the child, to
57both parties by adding the cost to the basic obligation
58determined pursuant to s. 61.30(6). The court may order that
59payment of uncovered medical, dental, and prescription
60medication expenses of the minor child be made directly to the
61obligee on a percentage basis.
62     1.  In a non-Title IV-D case, a copy of the court order for
63health care coverage shall be served on the obligor's union or
64employer by the obligee when the following conditions are met:
65     a.  The obligor fails to provide written proof to the
66obligee within 30 days after receiving effective notice of the
67court order, that the health care coverage has been obtained or
68that application for coverage has been made;
69     b.  The obligee serves written notice of intent to enforce
70an order for health care coverage on the obligor by mail at the
71obligor's last known address; and
72     c.  The obligor fails within 15 days after the mailing of
73the notice to provide written proof to the obligee that the
74health care coverage existed as of the date of mailing.
75     2.a.  A support order enforced under Title IV-D of the
76Social Security Act which requires that the obligor provide
77health care coverage is enforceable by the department through
78the use of the national medical support notice, and an amendment
79to the support order is not required. The department shall
80transfer the national medical support notice to the obligor's
81union or employer. The department shall notify the obligor in
82writing that the notice has been sent to the obligor's union or
83employer, and the written notification must include the
84obligor's rights and duties under the national medical support
85notice. The obligor may contest the withholding required by the
86national medical support notice based on a mistake of fact. To
87contest the withholding, the obligor must file a written notice
88of contest with the department within 15 business days after the
89date the obligor receives written notification of the national
90medical support notice from the department. Filing with the
91department is complete when the notice is received by the person
92designated by the department in the written notification. The
93notice of contest must be in the form prescribed by the
94department. Upon the timely filing of a notice of contest, the
95department shall, within 5 business days, schedule an informal
96conference with the obligor to discuss the obligor's factual
97dispute. If the informal conference resolves the dispute to the
98obligor's satisfaction or if the obligor fails to attend the
99informal conference, the notice of contest is deemed withdrawn.
100If the informal conference does not resolve the dispute, the
101obligor may request an administrative hearing under chapter 120
102within 5 business days after the termination of the informal
103conference, in a form and manner prescribed by the department.
104However, the filing of a notice of contest by the obligor does
105not delay the withholding of premium payments by the union,
106employer, or health plan administrator. The union, employer, or
107health plan administrator must implement the withholding as
108directed by the national medical support notice unless notified
109by the department that the national medical support notice is
110terminated.
111     b.  In a Title IV-D case, the department shall notify an
112obligor's union or employer if the obligation to provide health
113care coverage through that union or employer is terminated.
114     3.  In a non-Title IV-D case, upon receipt of the order
115pursuant to subparagraph 1., or upon application of the obligor
116pursuant to the order, the union or employer shall enroll the
117minor child as a beneficiary in the group health plan regardless
118of any restrictions on the enrollment period and withhold any
119required premium from the obligor's income. If more than one
120plan is offered by the union or employer, the child shall be
121enrolled in the group health plan in which the obligor is
122enrolled.
123     4.a.  Upon receipt of the national medical support notice
124under subparagraph 2. in a Title IV-D case, the union or
125employer shall transfer the notice to the appropriate group
126health plan administrator within 20 business days after the date
127on the notice. The plan administrator must enroll the child as a
128beneficiary in the group health plan regardless of any
129restrictions on the enrollment period, and the union or employer
130must withhold any required premium from the obligor's income
131upon notification by the plan administrator that the child is
132enrolled. The child shall be enrolled in the group health plan
133in which the obligor is enrolled. If the group health plan in
134which the obligor is enrolled is not available where the child
135resides or if the obligor is not enrolled in group coverage, the
136child shall be enrolled in the lowest cost group health plan
137that is available where the child resides.
138     b.  If health care coverage or the obligor's employment is
139terminated in a Title IV-D case, the union or employer that is
140withholding premiums for health care coverage under a national
141medical support notice must notify the department within 20 days
142after the termination and provide the obligor's last known
143address and the name and address of the obligor's new employer,
144if known.
145     5.a.  The amount withheld by a union or employer in
146compliance with a support order may not exceed the amount
147allowed under s. 303(b) of the Consumer Credit Protection Act,
14815 U.S.C. s. 1673(b), as amended. The union or employer shall
149withhold the maximum allowed by the Consumer Credit Protection
150Act in the following order:
151     (I)  Current support, as ordered.
152     (II)  Premium payments for health care coverage, as
153ordered.
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
157support plus the premium payment for health care coverage exceed
158the amount allowed under the Consumer Credit Protection Act, and
159the health care coverage cannot be obtained unless the full
160amount of the premium is paid, the union or employer may not
161withhold the premium payment. However, the union or employer
162shall 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
167comply with the requirements of sub-subparagraph 4.a. is subject
168to a civil penalty not to exceed $250 for the first violation
169and $500 for subsequent violations, plus attorney's fees and
170costs. The department may file a petition in circuit court to
171enforce the requirements of this subparagraph.
172     7.6.  The Department of Revenue may adopt rules to
173administer the child support enforcement provisions of this
174section which affect Title IV-D cases.
175     Section 2.  Effective July 1, 2006, subsections (1) and (2)
176of section 61.1354, Florida Statutes, are amended to read:
177     61.1354  Sharing of information between consumer reporting
178agencies and the IV-D agency.--
179     (1)  Upon receipt of a request from a consumer reporting
180agency as defined in s. 603(f) of the Fair Credit Reporting Act,
181the IV-D agency or the depository in non-Title-IV-D cases shall
182make available information relating to the amount of current and
183overdue support owed by an obligor. The IV-D agency or the
184depository in non-Title-IV-D cases shall give the obligor
185written notice, at least 15 days prior to the release of
186information, of the IV-D agency's or depository's authority to
187release information to consumer reporting agencies relating to
188the amount of current and overdue support owed by the obligor.
189The obligor shall be informed of his or her right to request a
190hearing with the IV-D agency or the court in non-Title-IV-D
191cases to contest the accuracy of the information.
192     (2)  The IV-D agency shall report periodically to
193appropriate consumer reporting agencies, as identified by the
194IV-D agency, the name and social security number of any
195delinquent obligor, and the amount of overdue support owed by
196the obligor, and the amount of current support owed by the
197obligor when the overdue support is paid. The IV-D agency, or
198its designee, shall provide the obligor with written notice, at
199least 15 days prior to the initial release of information, of
200the IV-D agency's authority to release the information
201periodically to the consumer reporting agencies. The notice
202shall state the amount of overdue support owed and the amount of
203current support owed when the overdue support is paid and shall
204inform the obligor of the right to request a hearing with the
205IV-D agency within 15 days after receipt of the notice to
206contest the accuracy of the information. After the initial
207notice is given, no further notice or opportunity for a hearing
208need be given when updated information concerning the same
209obligor is periodically released to the consumer reporting
210agencies.
211     Section 3.  Effective December 1, 2005, paragraph (a) of
212subsection (8) of section 61.14, Florida Statutes, is amended to
213read:
214     61.14  Enforcement and modification of support,
215maintenance, or alimony agreements or orders.--
216     (8)(a)  When an employee and employer reach an agreement
217for a lump-sum settlement under s. 440.20(11), no proceeds of
218the settlement shall be disbursed to the employee, nor shall any
219attorney's fees be disbursed, until after a judge of
220compensation claims reviews the proposed disbursement and enters
221an order finding the settlement provides for appropriate
222recovery of any support arrearage. The employee, or the
223employee's attorney if the employee is represented, shall submit
224a written statement from the department as to whether the
225employee owes unpaid support and, if so, the amount owed. In
226addition, the judge of compensation claims may require the
227employee to submit a similar statement from a local depository
228established under s. 61.181. The sworn statement of the employee
229that all existing support obligations have been disclosed is
230also required. If the judge finds the proposed allocation of
231support recovery insufficient, the parties may amend the
232allocation of support recovery within the settlement agreement
233to make the allocation of proceeds sufficient. The Office of the
234Judges of Compensation Claims shall adopt procedural rules to
235implement this paragraph. When reviewing and approving any lump-
236sum settlement under s. 440.20(11)(a) and (b), a judge of
237compensation claims must consider whether the settlement serves
238the interests of the worker and the worker's family, including,
239but not limited to, whether the settlement provides for
240appropriate recovery of any child support arrearage.
241     Section 4.  Subsection (1) of section 61.1812, Florida
242Statutes, is amended to read:
243     61.1812  Child Support Incentive Trust Fund.--
244     (1)  The Child Support Incentive Trust Fund is hereby
245created, to be administered by the Department of Revenue. All
246child support enforcement incentive earnings and that portion of
247the state share of Title IV-A public assistance collections
248recovered in fiscal year 1996-1997 by the Title IV-D program of
249the department which is in excess of the amount estimated by the
250February 1997 Social Services Estimating Conference to be
251recovered in fiscal year 1996-1997 shall be credited to the
252trust fund, and no other receipts, except interest earnings,
253shall be credited thereto. For fiscal years beginning with 1997-
2541998, in addition to incentive earnings and interest earnings,
255that portion of the state share of Title IV-A public assistance
256collections recovered in each fiscal year by the Title IV-D
257program of the department which is in excess of the amount
258estimated by the February 1997 Social Services Estimating
259Conference to be recovered in fiscal year 1997-1998 shall be
260credited to the trust fund. The purpose of the trust fund is to
261account for federal incentive payments to the state for child
262support enforcement and to support the activities of the child
263support enforcement program under Title IV-D of the Social
264Security Act. The department shall invest the money in the trust
265fund pursuant to s. 17.61 ss. 215.44-215.52, and retain all
266interest earnings in the trust fund. The department shall
267separately account for receipts credited to the trust fund. When
268all general revenue appropriations for the child support
269enforcement program have been shifted to the trust fund, then
270annually thereafter, on June 30, if revenues deposited into the
271trust fund, including federal child support incentive earnings,
272have exceeded state expenditures for the child support
273enforcement program administered by the department for the prior
27412-month period, the revenues in excess of cash flow needs are
275transferred to the General Revenue Fund.
276     Section 5.  Subsection (2) of section 222.21, Florida
277Statutes, is amended to read:
278     222.21  Exemption of pension money and retirement or
279profit-sharing benefits from legal processes.--
280     (2)(a)  Except as provided in paragraph (b), any money or
281other assets payable to a participant or beneficiary from, or
282any interest of any participant or beneficiary in, a retirement
283or profit-sharing plan that is qualified under s. 401(a), s.
284403(a), s. 403(b), s. 408, s. 408A, or s. 409 of the Internal
285Revenue Code of 1986, as amended, is exempt from all claims of
286creditors of the beneficiary or participant.
287     (b)  Any plan or arrangement described in paragraph (a) is
288not exempt from the claims of an alternate payee under a
289qualified domestic relations order. However, the interest of any
290alternate payee under a qualified domestic relations order is
291exempt from all claims of any creditor, other than the
292Department of Revenue Children and Family Services, of the
293alternate payee. As used in this paragraph, the terms "alternate
294payee" and "qualified domestic relations order" have the
295meanings ascribed to them in s. 414(p) of the Internal Revenue
296Code of 1986.
297     (c)  The provisions of paragraphs (a) and (b) apply to any
298proceeding that is filed on or after October 1, 1987.
299     Section 6.  Effective July 1, 2005, paragraph (b) of
300subsection (1) of section 382.016, Florida Statutes, is amended
301to read:
302     382.016  Amendment of records.--The department, upon
303receipt of the fee prescribed in s. 382.0255; documentary
304evidence, as specified by rule, of any misstatement, error, or
305omission occurring in any birth, death, or fetal death record;
306and an affidavit setting forth the changes to be made, shall
307amend 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
310notarized voluntary acknowledgment of paternity signed by the
311mother and father acknowledging the paternity of a registrant
312born out of wedlock, or a voluntary acknowledgment of paternity
313that is witnessed by two individuals and signed under penalty of
314perjury as specified by s. 92.525(2), together with sufficient
315information to identify the original certificate of live birth,
316the department shall prepare a new birth certificate, which
317shall bear the same file number as the original birth
318certificate. The names and identifying information of the
319parents shall be entered as of the date of the registrant's
320birth. The surname of the registrant may be changed from that
321shown on the original birth certificate at the request of the
322mother and father of the registrant, or the registrant if of
323legal age. If the mother and father marry each other at any time
324after the registrant's birth, the department shall, upon the
325request of the mother and father or registrant if of legal age
326and proof of the marriage, amend the certificate with regard to
327the parents' marital status as though the parents were married
328at the time of birth. The department shall substitute the new
329certificate of birth for the original certificate on file. All
330copies of the original certificate of live birth in the custody
331of a local registrar or other state custodian of vital records
332shall be forwarded to the State Registrar. Thereafter, when a
333certified copy of the certificate of birth or portion thereof is
334issued, it shall be a copy of the new certificate of birth or
335portion thereof, except when a court order requires issuance of
336a certified copy of the original certificate of birth. Except
337for a birth certificate on which a father is listed pursuant to
338an affidavit, a notarized voluntary acknowledgment of paternity
339signed by the mother and father acknowledging the paternity of a
340registrant born out of wedlock, or a voluntary acknowledgment of
341paternity that is witnessed by two individuals and signed under
342penalty of perjury as specified by s. 92.525(2), the department
343shall place the original certificate of birth and all papers
344pertaining thereto under seal, not to be broken except by order
345of a court of competent jurisdiction or as otherwise provided by
346law.
347     Section 7.  Effective October 1, 2005, paragraph (d) is
348added to subsection (1) of section 382.016, Florida Statutes, to
349read:
350     382.016  Amendment of records.--The department, upon
351receipt of the fee prescribed in s. 382.0255; documentary
352evidence, as specified by rule, of any misstatement, error, or
353omission occurring in any birth, death, or fetal death record;
354and an affidavit setting forth the changes to be made, shall
355amend 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
358established in another state, the department shall amend the
359child's birth certificate to include the name of the father upon
360receipt of:
361     1.  A certified copy of an acknowledgment of paternity,
362final judgment, or judicial or administrative order from another
363state that determines the child's paternity; or
364     2.  A noncertified copy of an acknowledgment of paternity,
365final judgment, or judicial or administrative order from another
366state that determines the child's paternity when provided with
367an affidavit or written declaration from the Department of
368Revenue that states the document was provided by or obtained
369from another state's Title IV-D program.
370
371The department may not amend a child's birth certificate to
372include the name of the child's father if paternity was
373established by adoption and the father is not eligible to adopt
374under state law.
375     Section 8.  Effective October 1, 2005, subsection (7) of
376section 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
380CHILD RESIDES.--
381     (a)  If the department determines in a Title IV-D case that
382a child for whom a support order has been entered by a tribunal
383of this state resides with a person other than the obligee or
384obligor, the department may not disburse current support
385payments for the child to the obligee without a further order
386from the tribunal that entered the support order. For purposes
387of this section, "tribunal" means either the circuit court or
388the department.
389     (b)  A determination by the department under paragraph (a)
390must be based on one or more of the following factors:
391     1.  Public assistance records that show a person other than
392the obligee or obligor is receiving public assistance for the
393child.
394     2.  A statement by the obligee that the child resides with
395a person other than the obligee or obligor is submitted to the
396department.
397     3.  A sworn statement or written declaration signed under
398penalty of perjury by a person who has personal knowledge that
399the child resides with a person other than the obligee or
400obligor is submitted to the department.
401     4.  Government records that show the obligee is
402incarcerated.
403     5.  Evidence that the obligee has left the community where
404the child resides is submitted to the department.
405     6.  Other credible information that indicates the child
406resides with a person other than the obligee or obligor is
407submitted to the department.
408     (c)  When the department determines that a child as
409specified in paragraph (a) resides with a person other than the
410obligee or obligor, the department shall submit by regular mail
411to the obligee, the obligor, and, if known, the person with whom
412the 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
415resides, if known, unless disclosure is prohibited under s.
416409.2579(3) or (4) or the child is in foster care.
417     3.  That the department will not disburse current support
418payments for the child without a further order from the tribunal
419that 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
422order with the court that asks the court to order that the
423obligor's current support payments be disbursed to the person
424with whom the child resides, determine arrearages, and order
425repayment of arrearages;
426     b.  That the obligee, the obligor, and the person with whom
427the child resides may file an objection in court to the proposed
428order or a motion to compel disbursement; and
429     c.  That the obligee, the obligor, and the person with whom
430the child resides will be mailed a copy of the department's
431motion 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
434support payments to the person with whom the child resides, if
435known, determine arrearages, and order repayment of arrearages;
436     b.  The effective date of the intended action to disburse
437current support payments to the person with whom the child
438resides, the amount of arrearages owed to the obligee and the
439person with whom the child resides, and the amount of the order
440for periodic repayment of arrearages;
441     c.  That the obligee, the obligor, and the person with whom
442the child resides may contest the intended action by filing with
443the department a petition for an administrative hearing within
44430 days after the date of mailing of the notice;
445     d.  That if a timely petition for an administrative hearing
446is filed, the parties will be given advance notice of the date,
447time, and place of the hearing; and
448     e.  That if the notice of intended action is not timely
449contested, the department will enter a final order based on what
450is stated in the notice.
451     (d)  The tribunal that entered the support order shall
452determine whether support payments not disbursed by the
453department and current support must be paid to the obligee, paid
454to the person with whom the child resides, or refunded to the
455obligor. The person with whom the child resides is deemed a
456party to the proceedings. The tribunal is not required to hold a
457hearing unless a party has filed a timely objection to the
458proposed order or a timely petition for an administrative
459hearing. If the department is the tribunal and a timely petition
460for an administrative hearing is filed, the hearing shall be
461conducted by the Division of Administrative Hearings and the
462administrative law judge shall enter a final order. If a hearing
463is not required, the tribunal shall enter an order within 30
464days after the department's motion is filed or the notice of
465intended action is mailed. If a timely objection or petition for
466an administrative hearing is filed, a hearing shall be conducted
467and an order entered within 30 days after the objection or
468petition is filed.
469     (e)  If the tribunal finds by a preponderance of the
470evidence that the child does not reside with the obligee, the
471tribunal shall enter an order that redirects the obligor's
472current support payments due under the support order to the
473person with whom the child resides, determine arrearages owed to
474the obligee and the person with whom the child resides, and
475order repayment of arrearages. The tribunal need not recompute
476the obligor's support obligation under the child support
477guidelines. If the person with whom the child resides is unknown
478and the obligor owes no arrearages or costs, the tribunal shall
479enter an order that refunds the payments not disbursed by the
480department to the obligor. If the child resides with the
481obligor, the person with whom the child resides is unknown, or
482the child's place of residence is unknown, the tribunal shall
483consider whether to abate, terminate, or modify the support
484order.
485     (f)  A tribunal that enters an order that redirects or
486refunds support payments shall file a copy of the order with the
487depository that serves as official recordkeeper for payments due
488under the support order. The depository shall maintain separate
489accounts and separate account numbers for individual payees.
490     Section 9.  Effective July 1, 2005, subsection (4) of
491section 409.2561, Florida Statutes, is amended to read:
492     409.2561  Support obligations when public assistance is
493paid; assignment of rights; subrogation; medical and health
494insurance information.--
495     (4)  No obligation of support under this section shall be
496incurred by any person who is the recipient of supplemental
497security income or temporary cash assistance public assistance
498moneys for the benefit of a dependent child or who is
499incapacitated and financially unable to pay as determined by the
500department.
501     Section 10.  Section 409.2567, Florida Statutes, is amended
502to read:
503     409.2567  Services to individuals not otherwise
504eligible.--All support services provided by the department shall
505be made available on behalf of all dependent children. Services
506shall be provided upon acceptance of public assistance or upon
507proper application filed with the department. The department
508shall adopt rules to provide for the payment of a $25
509application fee from each applicant who is not a public
510assistance recipient. The application fee shall be deposited in
511the Child Support Enforcement Application and Program Revenue
512Trust Fund within the Department of Revenue to be used for the
513Child Support Enforcement Program. The obligor is responsible
514for all administrative costs, as defined in s. 409.2554. The
515court shall order payment of administrative costs without
516requiring the department to have a member of the bar testify or
517submit an affidavit as to the reasonableness of the costs. An
518attorney-client relationship exists only between the department
519and the legal services providers in Title IV-D cases. The
520attorney shall advise the obligee in Title IV-D cases that the
521attorney represents the agency and not the obligee. In Title IV-
522D cases, any costs, including filing fees, recording fees,
523mediation costs, service of process fees, and other expenses
524incurred by the clerk of the circuit court, shall be assessed
525only against the nonprevailing obligor after the court makes a
526determination of the nonprevailing obligor's ability to pay such
527costs and fees. In any case where the court does not award all
528costs, the court shall state in the record its reasons for not
529awarding the costs. The Department of Revenue shall not be
530considered a party for purposes of this section; however, fees
531may be assessed against the department pursuant to s. 57.105(1).
532The department shall submit a monthly report to the Governor and
533the chairs of the Health and Human Services Fiscal Committee of
534the House of Representatives and the Ways and Means Committee of
535the Senate specifying the funds identified for collection from
536the noncustodial parents of children receiving temporary
537assistance and the amounts actually collected.
538     Section 11.  Effective October 1, 2005, section 409.821,
539Florida Statutes, is amended to read:
540     409.821  Florida Kidcare program public records
541exemption.--Notwithstanding any other law to the contrary, any
542information identifying a Florida Kidcare program applicant or
543enrollee, as defined in s. 409.811, held by the Agency for
544Health Care Administration, the Department of Children and
545Family Services, the Department of Health, or the Florida
546Healthy Kids Corporation is confidential and exempt from s.
547119.07(1) and s. 24(a), Art. I of the State Constitution. Such
548information may be disclosed to another governmental entity only
549if disclosure is necessary for the entity to perform its duties
550and responsibilities under the Florida Kidcare program and shall
551be disclosed to the Department of Revenue for purposes of
552administering the state's Title IV-D program. The receiving
553governmental entity must maintain the confidential and exempt
554status of such information. Furthermore, such information may
555not be released to any person without the written consent of the
556program applicant. This exemption applies to any information
557identifying a Florida Kidcare program applicant or enrollee held
558by the Agency for Health Care Administration, the Department of
559Children and Family Services, the Department of Health, or the
560Florida Healthy Kids Corporation before, on, or after the
561effective date of this exemption. A violation of this section is
562a misdemeanor of the second degree, punishable as provided in s.
563775.082 or s. 775.083.
564     Section 12.  Except as otherwise provided herein, this act
565shall take effect upon becoming a law.


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