Senate Bill sb2870

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    Florida Senate - 2007                                  SB 2870

    By the Committee on Children, Families, and Elder Affairs





    586-1473A-07

  1                      A bill to be entitled

  2         An act relating to child support enforcement;

  3         amending s. 61.1814, F.S.; providing for the

  4         collection and deposit of an annual fee for

  5         certain child support cases; amending s.

  6         61.1824, F.S.; revising requirements for

  7         certain employers to remit support payments

  8         electronically; providing grounds for waiving

  9         the requirement for employers to electronically

10         remit support payments; amending s. 409.2564,

11         F.S.; lowering the amount of child support owed

12         to permit federal action against an obligor's

13         passport; amending s. 409.25641, F.S.; revising

14         provisions governing the automated enforcement

15         of a support order from another state; amending

16         s. 409.2567, F.S.; authorizing the Department

17         of Revenue to pay a federally required annual

18         fee; amending ss. 49.011 and 409.257, F.S.;

19         authorizing service of process by publication

20         for unknown legal fathers; amending s. 742.09,

21         F.S.; providing an exception to the prohibition

22         against publication of the name of a party in a

23         paternity action; providing an appropriation;

24         providing an effective date.

25  

26  Be It Enacted by the Legislature of the State of Florida:

27  

28         Section 1.  Section 49.011, Florida Statutes, is

29  amended to read:

30         49.011  Service of process by publication; cases in

31  which allowed.--Service of process by publication may be made

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    Florida Senate - 2007                                  SB 2870
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 1  in any court on any party identified person mentioned in s.

 2  49.021 in any action or proceeding:

 3         (1)  To enforce any legal or equitable lien or claim to

 4  any title or interest in real or personal property within the

 5  jurisdiction of the court or any fund held or debt owing by

 6  any party on whom process can be served within this state.

 7         (2)  To quiet title or remove any encumbrance, lien, or

 8  cloud on the title to any real or personal property within the

 9  jurisdiction of the court or any fund held or debt owing by

10  any party on whom process can be served within this state.

11         (3)  To partition real or personal property within the

12  jurisdiction of the court.

13         (4)  For dissolution or annulment of marriage.

14         (5)  For the construction of any will, deed, contract,

15  or other written instrument and for a judicial declaration or

16  enforcement of any legal or equitable right, title, claim,

17  lien, or interest thereunder.

18         (6)  To reestablish a lost instrument or record which

19  has or should have its situs within the jurisdiction of the

20  court.

21         (7)  In which a writ of replevin, garnishment, or

22  attachment has been issued and executed.

23         (8)  In which any other writ or process has been issued

24  and executed which places any property, fund, or debt in the

25  custody of a court.

26         (9)  To revive a judgment by motion or scire facias.

27         (10)  For adoption.

28         (11)  In which personal service of process or notice is

29  not required by the statutes or constitution of this state or

30  by the Constitution of the United States.

31  

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    Florida Senate - 2007                                  SB 2870
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 1         (12)  In probate or guardianship proceedings in which

 2  personal service of process or notice is not required by the

 3  statutes or constitution of this state or by the Constitution

 4  of the United States.

 5         (13)  For termination of parental rights pursuant to

 6  part IX of chapter 39.

 7         (14)  For temporary custody of a minor child, under ss.

 8  751.01-751.05.

 9         (15)  To determine paternity but only as to the legal

10  father in a paternity action in which another man is alleged

11  to be the biological father.

12         Section 2.  Subsection (2) of section 61.1814, Florida

13  Statutes, is amended to read:

14         61.1814  Child Support Enforcement Application and

15  Program Revenue Trust Fund.--

16         (2)  With the exception of fees required to be

17  deposited in the Clerk of the Court Child Support Enforcement

18  Collection System Trust Fund under s. 61.181(2)(b) and

19  collections determined to be undistributable or unidentifiable

20  under s. 409.2558, the fund shall be used for the deposit of

21  Title IV-D program income received by the department. Each

22  type of program income received shall be accounted for

23  separately. Program income received by the department

24  includes, but is not limited to:

25         (a)  Application fees of nonpublic assistance

26  applicants for child support enforcement services;

27         (b)  Court-ordered costs recovered from child support

28  obligors;

29         (c)  Interest on child support collections;

30  

31  

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 1         (d)  The balance of fees received under s. 61.181(2)(a)

 2  on non-Title IV-D cases required to be processed through the

 3  State Disbursement Unit after the clerk's share is paid; and

 4         (e)  Fines imposed under ss. 409.256(7)(b),

 5  409.2564(7), and 409.2578; and.

 6         (f)  The annual fee required under s. 409.2567.

 7         Section 3.  Subsection (6) of section 61.1824, Florida

 8  Statutes, is amended to read:

 9         61.1824  State Disbursement Unit.--

10         (6)  Effective October 1, 1999, All support payments

11  for cases to which the requirements of this section apply

12  shall be made payable to and delivered to the State

13  Disbursement Unit. Effective October 1, 2006,

14         (a)  An employer that is required to remit tax payments

15  electronically to the department under s. 213.755 or s.

16  443.163 who employed 10 or more employees in any quarter

17  during the preceding state fiscal year or who was subject to

18  and paid tax to the department in an amount of $30,000 or more

19  shall remit support payments deducted pursuant to an income

20  deduction order or income deduction notice and provide

21  associated case data to the State Disbursement Unit by

22  electronic means approved by the department. The department

23  may waive the requirement to remit payments electronically for

24  an employer that is unable to comply despite good faith

25  efforts or due to circumstances beyond the employer's

26  reasonable control. Grounds for approving a waiver include,

27  but are not limited to, circumstances in which:

28         1.  The employer does not have a computer that meets

29  the minimum standards necessary for electronic remittance.

30         2.  Additional time is needed to program the employer's

31  computer.

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    Florida Senate - 2007                                  SB 2870
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 1         3.  The employer does not currently file data

 2  electronically with any business or government agency.

 3         4.  Compliance conflicts with the employer's business

 4  procedures.

 5         5.  Compliance would cause a financial hardship.

 6         (b)  The department shall adopt by rule standards for

 7  electronic remittance, and data transfer, and waivers that, to

 8  the extent feasible, are consistent with the department's

 9  rules for electronic filing and remittance of taxes under ss.

10  213.755 and 443.163. A waiver granted by the department from

11  the requirement to file and remit electronically under s.

12  213.755 or s. 443.163 constitutes a waiver from the

13  requirement under this subsection.

14         (7)  Notwithstanding any other statutory provision to

15  the contrary, funds received by the State Disbursement Unit

16  shall be held, administered, and disbursed by the State

17  Disbursement Unit pursuant to the provisions of this chapter.

18         Section 4.  Subsection (10) of section 409.2564,

19  Florida Statutes, is amended to read:

20         409.2564  Actions for support.--

21         (10)  For the purposes of denial, revocation, or

22  limitation of an obligor's individual's United States

23  passport, consistent with 42 U.S.C. s. 652(k)(1), the

24  department Title IV-D agency shall have procedures to certify

25  to the Secretary of the United States Department of Health and

26  Human Services, in the format and accompanied by such

27  supporting documentation as the secretary may require, a

28  determination that an obligor individual owes arrearages of

29  support in an amount exceeding $2,500 $5,000.  Said procedures

30  shall provide that the obligor individual be given notice of

31  the determination and of the consequence thereof, and that the

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    Florida Senate - 2007                                  SB 2870
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 1  individual shall be given an opportunity to contest the

 2  accuracy of the determination.

 3         Section 5.  Section 409.25641, Florida Statutes, is

 4  amended to read:

 5         409.25641  Procedures for processing interstate

 6  automated administrative enforcement requests.--

 7         (1)  The department Title IV-D agency shall use

 8  automated administrative enforcement, as provided in 42 U.S.C.

 9  s. 666(a)(14)(A)(iii) defined in the Social Security Act, to

10  respond in response to a request from another state to enforce

11  a support order and shall promptly report the results of the

12  enforcement action to the requesting state.

13         (2)  This request:

14         (a)  May be transmitted from the other state by

15  electronic or other means;

16         (b)  Shall contain sufficient identifying information

17  to allow comparison with the databases within the state which

18  are available to the Title IV-D agency; and

19         (c)  Shall constitute a certification by the requesting

20  state:

21         1.  Of the amount of arrearage accrued under the order;

22  and

23         2.  That the requesting state has complied with all

24  procedural due process requirements applicable to the case.

25         (3)  If assistance is provided by the Title IV-D agency

26  to another state as prescribed above, neither state shall

27  consider the case to be transferred from the caseload of the

28  other state to the caseload of the Title IV-D agency.

29         (4)  The Title IV-D agency shall maintain a record of:

30         (a)  The number of requests received;

31  

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    Florida Senate - 2007                                  SB 2870
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 1         (b)  The number of cases for which the Title IV-D

 2  agency collected support in response to such a request; and

 3         (c)  The amount of such collected support.

 4         (5)  The department shall have authority to adopt rules

 5  to implement this section.

 6         Section 6.  Section 409.2567, Florida Statutes, is

 7  amended to read:

 8         409.2567  Services to individuals not otherwise

 9  eligible.--All support services provided by the department

10  shall be made available on behalf of all dependent children.

11         (1)  Services shall be provided upon acceptance of

12  public assistance or upon proper application filed with the

13  department. The federally required application fee for

14  individuals who do not receive public assistance is $1, which

15  shall be waived for all applicants and paid by the department.

16  The annual fee required under 42 U.S.C. s. 654(6)(B) for cases

17  involving an individual who has never received temporary cash

18  assistance and for whom the department has collected at least

19  $500 of support shall be paid by the department. The obligor

20  is responsible for all administrative costs, as defined in s.

21  409.2554. The court shall order payment of administrative

22  costs without requiring the department to have a member of the

23  bar testify or submit an affidavit as to the reasonableness of

24  the costs.

25         (2)  An attorney-client relationship exists only

26  between the department and the legal services providers in

27  Title IV-D cases. The attorney shall advise the obligee in

28  Title IV-D cases that the attorney represents the agency and

29  not the obligee. In Title IV-D cases, any costs, including

30  filing fees, recording fees, mediation costs, service of

31  

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    Florida Senate - 2007                                  SB 2870
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 1  process fees, and other expenses incurred by the clerk of the

 2  circuit court,

 3         (3)  All administrative costs shall be assessed only

 4  against the nonprevailing obligor after the court makes a

 5  determination of the nonprevailing obligor's ability to pay

 6  such costs and fees. In any case where the court does not

 7  award all costs, the court shall state in the record its

 8  reasons for not awarding the costs. The court shall order

 9  payment of costs without requiring the department to have a

10  member of the bar testify or submit an affidavit as to the

11  reasonableness of the costs.

12         (4)  The Department of Revenue shall not be considered

13  a party for purposes of this section; however, fees may be

14  assessed against the department pursuant to s. 57.105(1).

15         (5)  The department of Revenue shall seek a waiver from

16  the Secretary of the United States Department of Health and

17  Human Services to authorize the department of Revenue to

18  provide services in accordance with Title IV-D of the Social

19  Security Act to individuals who are owed support without need

20  of an application. If the waiver is granted, the department of

21  Revenue shall adopt rules to implement the waiver and begin

22  providing Title IV-D services if support payments are not

23  being paid as ordered, except that the individual first must

24  be given written notice of the right to refuse Title IV-D

25  services and a reasonable opportunity to respond.

26         Section 7.  Section 409.257, Florida Statutes, is

27  amended to read:

28         409.257  Service of process.--

29         (1)  The service of original initial process and orders

30  in any paternity or child support action or proceeding

31  lawsuits filed by the department, under this act, shall be

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    Florida Senate - 2007                                  SB 2870
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 1  made in accordance with served by the sheriff in the county

 2  where the person to be served may be found or, if determined

 3  more effective by the department, by any means permitted under

 4  chapter 48 for service of process in a civil action. The

 5  sheriff shall be reimbursed at the prevailing rate of federal

 6  financial participation for service of process and orders as

 7  allowed by law. The sheriff shall bill the department monthly

 8  as provided for in s. 30.51(2). In addition,

 9         (2)  Process and orders may be served or executed by

10  authorized agents of the department at the department's

11  discretion if; provided that the agent of the department does

12  not take any action against personal property, real property,

13  or persons.

14         (3)  Service of process by publication under chapter 49

15  may be made on the legal father in any action or proceeding to

16  determine paternity in which another man is alleged to be the

17  biological father.

18         (4)  Notices and other intermediate process, except

19  witness subpoenas, shall be served by the department as

20  provided for in the Florida Rules of Civil Procedure.

21         (5)  Witness subpoenas shall be served by the

22  department by United States mail as provided for in s.

23  48.031(3).

24         Section 8.  Section 742.09, Florida Statutes, is

25  amended to read:

26         742.09  Publishing names; penalty.--Except for the

27  purpose of serving process by publication, as provided under

28  s. 49.011(15), it shall be unlawful for the owner, publisher,

29  manager, or operator of any newspaper, magazine, radio

30  station, or other publication of any kind whatsoever, or any

31  other person responsible therefor, or any radio broadcaster,

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    Florida Senate - 2007                                  SB 2870
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 1  to publish the name of any of the parties to any court

 2  proceeding to determine paternity, instituted or prosecuted

 3  under this act; and any person violating this provision

 4  commits shall be guilty of a misdemeanor of the first degree,

 5  punishable as provided in s. 775.082 or s. 775.083.

 6         Section 9.  The sums of $1,204,383 in nonrecurring

 7  general revenue and $1,605,846 in recurring general revenue

 8  are appropriated from the General Revenue Fund to the

 9  Department of Revenue to pay the federally mandated annual fee

10  under s. 409.2567, Florida Statutes.

11         Section 10.  This act shall take effect upon becoming a

12  law.

13  

14            *****************************************

15                          SENATE SUMMARY

16    Updates statutes relating to child support enforcement to
      conform to recent federal legislation, including
17    permitting the collection and deposit of an annual fee
      for certain child support cases and lowering the amount
18    of child support owed to permit federal action against an
      obligor's passport. Provides grounds for waiving the
19    requirement for employers to electronically remit support
      payments. Provides for serving process by publication for
20    unknown legal fathers in cases in which another man is
      alleged to be the biological father.
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