Senate Bill sb2870c1

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    Florida Senate - 2007                           CS for SB 2870

    By the Committees on Judiciary; and Children, Families, and
    Elder Affairs




    590-2506-07

  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; requiring a diligent

21         search for the legal father; prescribing

22         requirements for service of process by

23         publication; amending s. 742.09, F.S.;

24         providing an exception to the prohibition

25         against publication of the name of a party in a

26         paternity action; providing an effective date.

27  

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

29  

30         Section 1.  Section 49.011, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2007                           CS for SB 2870
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 1         49.011  Service of process by publication; cases in

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

 3  in any court on any party identified person mentioned in s.

 4  49.021 in any action or proceeding:

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

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

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

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

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

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

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

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

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

14  jurisdiction of the court.

15         (4)  For dissolution or annulment of marriage.

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

17  or other written instrument and for a judicial declaration or

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

19  lien, or interest thereunder.

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

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

22  court.

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

24  attachment has been issued and executed.

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

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

27  custody of a court.

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

29         (10)  For adoption.

30  

31  

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    Florida Senate - 2007                           CS for SB 2870
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 1         (11)  In which personal service of process or notice is

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

 3  by the Constitution of the United States.

 4         (12)  In probate or guardianship proceedings in which

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

 6  statutes or constitution of this state or by the Constitution

 7  of the United States.

 8         (13)  For termination of parental rights pursuant to

 9  part IX of chapter 39.

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

11  751.01-751.05.

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

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

14  to be the biological father, in which case it is necessary to

15  serve the legal father in order to establish paternity in the

16  alleged biological father.

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

18  Statutes, is amended to read:

19         61.1814  Child Support Enforcement Application and

20  Program Revenue Trust Fund.--

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

22  deposited in the Clerk of the Court Child Support Enforcement

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

24  collections determined to be undistributable or unidentifiable

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

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

27  type of program income received shall be accounted for

28  separately. Program income received by the department

29  includes, but is not limited to:

30         (a)  Application fees of nonpublic assistance

31  applicants for child support enforcement services;

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    Florida Senate - 2007                           CS for SB 2870
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 1         (b)  Court-ordered costs recovered from child support

 2  obligors;

 3         (c)  Interest on child support collections;

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

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

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

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

 8  409.2564(7), and 409.2578; and.

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

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

11  Statutes, is amended to read:

12         61.1824  State Disbursement Unit.--

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

14  for cases to which the requirements of this section apply

15  shall be made payable to and delivered to the State

16  Disbursement Unit. Effective October 1, 2006,

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

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

19  443.163 who employed 10 or more employees in any quarter

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

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

22  shall remit support payments deducted pursuant to an income

23  deduction order or income deduction notice and provide

24  associated case data to the State Disbursement Unit by

25  electronic means approved by the department. The department

26  may waive the requirement to remit payments electronically for

27  an employer that is unable to comply despite good faith

28  efforts or due to circumstances beyond the employer's

29  reasonable control. Grounds for approving a waiver include,

30  but are not limited to, circumstances in which:

31  

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    Florida Senate - 2007                           CS for SB 2870
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 1         1.  The employer does not have a computer that meets

 2  the minimum standards necessary for electronic remittance.

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

 4  computer.

 5         3.  The employer does not currently file data

 6  electronically with any business or government agency.

 7         4.  Compliance conflicts with the employer's business

 8  procedures.

 9         5.  Compliance would cause a financial hardship.

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

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

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

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

14  213.755 and 443.163. A waiver granted by the department from

15  the requirement to file and remit electronically under s.

16  213.755 or s. 443.163 constitutes a waiver from the

17  requirement under this subsection.

18         (7)  Notwithstanding any other statutory provision to

19  the contrary, funds received by the State Disbursement Unit

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

21  Disbursement Unit pursuant to the provisions of this chapter.

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

23  Florida Statutes, is amended to read:

24         409.2564  Actions for support.--

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

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

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

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

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

30  Human Services, in the format and accompanied by such

31  supporting documentation as the secretary may require, a

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    Florida Senate - 2007                           CS for SB 2870
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 1  determination that an obligor individual owes arrearages of

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

 3  shall provide that the obligor individual be given notice of

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

 5  individual shall be given an opportunity to contest the

 6  accuracy of the determination.

 7         Section 5.  Section 409.25641, Florida Statutes, is

 8  amended to read:

 9         409.25641  Procedures for processing interstate

10  automated administrative enforcement requests.--

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

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

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

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

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

16  enforcement action to the requesting state.

17         (2)  This request:

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

19  electronic or other means;

20         (b)  Shall contain sufficient identifying information

21  to allow comparison with the databases within the state which

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

23         (c)  Shall constitute a certification by the requesting

24  state:

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

26  and

27         2.  That the requesting state has complied with all

28  procedural due process requirements applicable to the case.

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

30  to another state as prescribed above, neither state shall

31  

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    Florida Senate - 2007                           CS for SB 2870
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 1  consider the case to be transferred from the caseload of the

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

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

 4         (a)  The number of requests received;

 5         (b)  The number of cases for which the Title IV-D

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

 7         (c)  The amount of such collected support.

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

 9  to implement this section.

10         Section 6.  Section 409.2567, Florida Statutes, is

11  amended to read:

12         409.2567  Services to individuals not otherwise

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

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

15         (1)  Services shall be provided upon acceptance of

16  public assistance or upon proper application filed with the

17  department. The federally required application fee for

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

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

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

21  involving an individual who has never received temporary cash

22  assistance and for whom the department has collected at least

23  $500 of support shall be paid by the department. The obligor

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

25  409.2554. The court shall order payment of administrative

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

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

28  the costs.

29         (2)  An attorney-client relationship exists only

30  between the department and the legal services providers in

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

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    Florida Senate - 2007                           CS for SB 2870
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 1  Title IV-D cases that the attorney represents the agency and

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

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

 4  process fees, and other expenses incurred by the clerk of the

 5  circuit court,

 6         (3)  All administrative costs shall be assessed only

 7  against the nonprevailing obligor after the court makes a

 8  determination of the nonprevailing obligor's ability to pay

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

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

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

12  payment of costs without requiring the department to have a

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

14  reasonableness of the costs.

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

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

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

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

19  the Secretary of the United States Department of Health and

20  Human Services to authorize the department of Revenue to

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

22  Security Act to individuals who are owed support without need

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

24  Revenue shall adopt rules to implement the waiver and begin

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

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

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

28  services and a reasonable opportunity to respond.

29         Section 7.  Section 409.257, Florida Statutes, is

30  amended to read:

31         409.257  Service of process.--

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    Florida Senate - 2007                           CS for SB 2870
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 1         (1)  The service of original initial process and orders

 2  in any paternity or child support action or proceeding

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

 4  made in accordance with served by the sheriff in the county

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

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

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

 8  sheriff shall be reimbursed at the prevailing rate of federal

 9  financial participation for service of process and orders as

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

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

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

13  authorized agents of the department at the department's

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

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

16  or persons.

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

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

19  determine paternity, which may result in termination of the

20  legal father's parental rights, in which another man is

21  alleged to be the biological father. Before service of process

22  by publication may be made, the petitioner shall conduct a

23  diligent search and inquiry to locate the legal father. A

24  diligent search must include the inquiries required by s.

25  63.088(5). The petitioner shall execute an affidavit of

26  diligent search and file it with the court confirming

27  completion of each aspect of the diligent search enumerated in

28  s. 63.088(5) and specifying the results. If the legal father

29  cannot be located, he shall be served with process by

30  publication in the manner provided in chapter 49. The notice

31  shall be published in the county where the legal father was

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    Florida Senate - 2007                           CS for SB 2870
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 1  last known to have resided. The clerk of the circuit court

 2  shall mail a copy of the notice to the legal father at his

 3  last known address.

 4         (4)  Notices and other intermediate process, except

 5  witness subpoenas, shall be served by the department as

 6  provided for in the Florida Rules of Civil Procedure.

 7         (5)  Witness subpoenas shall be served by the

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

 9  48.031(3).

10         Section 8.  Section 742.09, Florida Statutes, is

11  amended to read:

12         742.09  Publishing names; penalty.--Except for the

13  purpose of serving process by publication, as provided under

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

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

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

17  other person responsible therefor, or any radio broadcaster,

18  to publish the name of any of the parties to any court

19  proceeding to determine paternity, instituted or prosecuted

20  under this act; and any person violating this provision

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

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

23         Section 9.  This act shall take effect upon becoming a

24  law.

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                             SB 2870

 3                                 

 4  The committee substitute:

 5  --   Provides that it is necessary to serve the legal father
         in a paternity action in which another man is alleged to
 6       be the biological father in order to establish paternity
         in the alleged biological father.
 7  
    --   Requires that a diligent search and inquiry be made for
 8       the legal father in an action to determine paternity in
         which another man is alleged to be the biological father
 9       prior to conducting service of process by publication.

10  --   Provides requirements for conducting service of process
         by publication in a paternity proceeding.
11  
    --   Deletes the appropriation of $1,204,383 in nonrecurring
12       general revenue and $1,605,846 in recurring general
         revenue to pay for a federally mandated annual fee.
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