HB 7107

1	A bill to be entitled
2	An act relating to child support enforcement; amending s.
3	61.1814, F.S.; providing for the collection and deposit of
4	an annual fee for certain child support cases; amending s.
5	61.1824, F.S.; revising requirements for certain employers
6	to remit support payments electronically; providing
7	grounds for waiving the requirement for employers to
8	electronically remit support payments; amending s.
9	409.2564, F.S.; lowering the amount of child support owed
10	to permit federal action against an obligor's passport;
11	amending s. 409.25641, F.S.; revising provisions governing
12	the automated enforcement of a support order from another
13	state; amending s. 409.2567, F.S.; authorizing the
14	Department of Revenue to pay a federally required annual
15	fee; amending ss. 49.011 and 409.257, F.S.; authorizing
16	service of process by publication for unknown legal
17	fathers; amending s. 742.09, F.S.; providing an exception
18	to the prohibition against publication of the name of a
19	party in a paternity action; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Section 49.011, Florida Statutes, is amended to
24	read:
25	49.011  Service of process by publication; cases in which
26	allowed.--Service of process by publication may be made in any
27	court on any party identified person mentioned in s. 49.021 in
28	any action or proceeding:
29	(1)  To enforce any legal or equitable lien or claim to any
30	title or interest in real or personal property within the
31	jurisdiction of the court or any fund held or debt owing by any
32	party on whom process can be served within this state.
33	(2)  To quiet title or remove any encumbrance, lien, or
34	cloud on the title to any real or personal property within the
35	jurisdiction of the court or any fund held or debt owing by any
36	party on whom process can be served within this state.
37	(3)  To partition real or personal property within the
38	jurisdiction of the court.
39	(4)  For dissolution or annulment of marriage.
40	(5)  For the construction of any will, deed, contract, or
41	other written instrument and for a judicial declaration or
42	enforcement of any legal or equitable right, title, claim, lien,
43	or interest thereunder.
44	(6)  To reestablish a lost instrument or record which has
45	or should have its situs within the jurisdiction of the court.
46	(7)  In which a writ of replevin, garnishment, or
47	attachment has been issued and executed.
48	(8)  In which any other writ or process has been issued and
49	executed which places any property, fund, or debt in the custody
50	of a court.
51	(9)  To revive a judgment by motion or scire facias.
52	(10)  For adoption.
53	(11)  In which personal service of process or notice is not
54	required by the statutes or constitution of this state or by the
55	Constitution of the United States.
56	(12)  In probate or guardianship proceedings in which
57	personal service of process or notice is not required by the
58	statutes or constitution of this state or by the Constitution of
59	the United States.
60	(13)  For termination of parental rights pursuant to part
61	IX of chapter 39.
62	(14)  For temporary custody of a minor child, under ss.
63	751.01-751.05.
64	(15)  To determine paternity, but only as to the legal
65	father in a paternity action in which another man is alleged to
66	be the biological father.
67	Section 2.  Subsection (2) of section 61.1814, Florida
68	Statutes, is amended to read:
69	61.1814  Child Support Enforcement Application and Program
70	Revenue Trust Fund.--
71	(2)  With the exception of fees required to be deposited in
72	the Clerk of the Court Child Support Enforcement Collection
73	System Trust Fund under s. 61.181(2)(b) and collections
74	determined to be undistributable or unidentifiable under s.
75	409.2558, the fund shall be used for the deposit of Title IV-D
76	program income received by the department. Each type of program
77	income received shall be accounted for separately. Program
78	income received by the department includes, but is not limited
79	to:
80	(a)  Application fees of nonpublic assistance applicants
81	for child support enforcement services;
82	(b)  Court-ordered costs recovered from child support
83	obligors;
84	(c)  Interest on child support collections;
85	(d)  The balance of fees received under s. 61.181(2)(a) on
86	non-Title IV-D cases required to be processed through the State
87	Disbursement Unit after the clerk's share is paid; and
88	(e)  Fines imposed under ss. 409.256(7)(b), 409.2564(7),
89	and 409.2578; and
90	(f)  The annual fee required under s. 409.2567.
91	Section 3.  Subsection (6) of section 61.1824, Florida
92	Statutes, is amended to read:
93	61.1824  State Disbursement Unit.--
94	(6)  Effective October 1, 1999, All support payments for
95	cases to which the requirements of this section apply shall be
96	made payable to and delivered to the State Disbursement Unit.
97	Effective October 1, 2006,
98	(a)  An employer that is required to remit tax payments
99	electronically to the department under s. 213.755 or s. 443.163
100	who employed 10 or more employees in any quarter during the
101	preceding state fiscal year or who was subject to and paid tax
102	to the department in an amount of $30,000 or more shall remit
103	support payments deducted pursuant to an income deduction order
104	or income deduction notice and provide associated case data to
105	the State Disbursement Unit by electronic means approved by the
106	department. The department may waive the requirement to remit
107	payments electronically for an employer that is unable to comply
108	despite good faith efforts or due to circumstances beyond the
109	employer's reasonable control. Grounds for approving a waiver
110	include, but are not limited to, circumstances in which:
111	1.  The employer does not have a computer that meets the
112	minimum standards necessary for electronic remittance.
113	2.  Additional time is needed to program the employer's
114	computer.
115	3.  The employer does not currently file data
116	electronically with any business or government agency.
117	4.  Compliance conflicts with the employer's business
118	procedures.
119	5.  Compliance would cause a financial hardship.
120	(b)  The department shall adopt by rule standards for
121	electronic remittance, and data transfer, and waivers that, to
122	the extent feasible, are consistent with the department's rules
123	for electronic filing and remittance of taxes under ss. 213.755
124	and 443.163. A waiver granted by the department from the
125	requirement to file and remit electronically under s. 213.755 or
126	s. 443.163 constitutes a waiver from the requirement under this
127	subsection.
128	(7)  Notwithstanding any other statutory provision to the
129	contrary, funds received by the State Disbursement Unit shall be
130	held, administered, and disbursed by the State Disbursement Unit
131	pursuant to the provisions of this chapter.
132	Section 4.  Subsection (10) of section 409.2564, Florida
133	Statutes, is amended to read:
134	409.2564  Actions for support.--
135	(10)  For the purposes of denial, revocation, or limitation
136	of an obligor's individual's United States passport, consistent
137	with 42 U.S.C. s. 652(k)(1), the department Title IV-D agency
138	shall have procedures to certify to the Secretary of the United
139	States Department of Health and Human Services, in the format
140	and accompanied by such supporting documentation as the
141	secretary may require, a determination that an obligor
142	individual owes arrearages of support in an amount exceeding
143	$2,500 $5,000. Said procedures shall provide that the obligor
144	individual be given notice of the determination and of the
145	consequence thereof and that the individual shall be given an
146	opportunity to contest the accuracy of the determination.
147	Section 5.  Section 409.25641, Florida Statutes, is amended
148	to read:
149	409.25641  Procedures for processing interstate automated
150	administrative enforcement requests.--
151	(1)  The department Title IV-D agency shall use automated
152	administrative enforcement, as provided in 42 U.S.C. s.
153	666(a)(14)(A)(iii) to respond defined in the Social Security
154	Act, in response to a request from another state to enforce a
155	support order and shall promptly report the results of the
156	enforcement action to the requesting state.
157	(2)  This request:
158	(a)  May be transmitted from the other state by electronic
159	or other means;
160	(b)  Shall contain sufficient identifying information to
161	allow comparison with the databases within the state which are
162	available to the Title IV-D agency; and
163	(c)  Shall constitute a certification by the requesting
164	state:
165	1.  Of the amount of arrearage accrued under the order; and
166	2.  That the requesting state has complied with all
167	procedural due process requirements applicable to the case.
168	(3)  If assistance is provided by the Title IV-D agency to
169	another state as prescribed above, neither state shall consider
170	the case to be transferred from the caseload of the other state
171	to the caseload of the Title IV-D agency.
172	(4)  The Title IV-D agency shall maintain a record of:
173	(a)  The number of requests received;
174	(b)  The number of cases for which the Title IV-D agency
175	collected support in response to such a request; and
176	(c)  The amount of such collected support.
177	(5)  The department shall have authority to adopt rules to
178	implement this section.
179	Section 6.  Section 409.2567, Florida Statutes, is amended
180	to read:
181	409.2567  Services to individuals not otherwise eligible.--
182	(1)  All support services provided by the department shall
183	be made available on behalf of all dependent children. Services
184	shall be provided upon acceptance of public assistance or upon
185	proper application filed with the department. The federally
186	required application fee for individuals who do not receive
187	public assistance is $1, which shall be waived for all
188	applicants and paid by the department. The annual fee required
189	under 42 U.S.C. s. 654(6)(B) for cases involving an individual
190	who has never received temporary cash assistance and for whom
191	the department has collected at least $500 of support shall be
192	paid by the department. The obligor is responsible for all
193	administrative costs, as defined in s. 409.2554. The court shall
194	order payment of administrative costs without requiring the
195	department to have a member of the bar testify or submit an
196	affidavit as to the reasonableness of the costs.
197	(2)  An attorney-client relationship exists only between
198	the department and the legal services providers in Title IV-D
199	cases. The attorney shall advise the obligee in Title IV-D cases
200	that the attorney represents the agency and not the obligee. In
201	Title IV-D cases, any costs, including filing fees, recording
202	fees, mediation costs, service of process fees, and other
203	expenses incurred by the clerk of the circuit court,
204	(3)  All administrative costs shall be assessed only
205	against the nonprevailing obligor after the court makes a
206	determination of the nonprevailing obligor's ability to pay such
207	costs and fees. In any case where the court does not award all
208	costs, the court shall state in the record its reasons for not
209	awarding the costs. The court shall order payment of costs
210	without requiring the department to have a member of the bar
211	testify or submit an affidavit as to the reasonableness of the
212	costs.
213	(4)  The Department of Revenue shall not be considered a
214	party for purposes of this section; however, fees may be
215	assessed against the department pursuant to s. 57.105(1).
216	(5)  The Department of Revenue shall seek a waiver from the
217	Secretary of the United States Department of Health and Human
218	Services to authorize the Department of Revenue to provide
219	services in accordance with Title IV-D of the Social Security
220	Act to individuals who are owed support without need of an
221	application. If the waiver is granted, the Department of Revenue
222	shall adopt rules to implement the waiver and begin providing
223	Title IV-D services if support payments are not being paid as
224	ordered, except that the individual first must be given written
225	notice of the right to refuse Title IV-D services and a
226	reasonable opportunity to respond.
227	Section 7.  Section 409.257, Florida Statutes, is amended
228	to read:
229	409.257  Service of process.--
230	(1)  The service of original initial process and orders in
231	any paternity or child support action or proceeding lawsuits
232	filed by the department, under this act, shall be made in
233	accordance with served by the sheriff in the county where the
234	person to be served may be found or, if determined more
235	effective by the department, by any means permitted under
236	chapter 48 for service of process in a civil action. The sheriff
237	shall be reimbursed at the prevailing rate of federal financial
238	participation for service of process and orders as allowed by
239	law. The sheriff shall bill the department monthly as provided
240	for in s. 30.51(2). In addition,
241	(2)  Process and orders may be served or executed by
242	authorized agents of the department at the department's
243	discretion if; provided that the agent of the department does
244	not take any action against personal property, real property, or
245	persons.
246	(3)  Service of process by publication under chapter 49 may
247	be made on the legal father in any action or proceeding to
248	determine paternity in which another man is alleged to be the
249	biological father.
250	(4)  Notices and other intermediate process, except witness
251	subpoenas, shall be served by the department as provided for in
252	the Florida Rules of Civil Procedure.
253	(5)  Witness subpoenas shall be served by the department by
254	United States mail as provided for in s. 48.031(3).
255	Section 8.  Section 742.09, Florida Statutes, is amended to
256	read:
257	742.09  Publishing names; penalty.--Except for the purpose
258	of serving process by publication, as provided under s.
259	49.011(15), it shall be unlawful for the owner, publisher,
260	manager, or operator of any newspaper, magazine, radio station,
261	or other publication of any kind whatsoever, or any other person
262	responsible therefor, or any radio broadcaster, to publish the
263	name of any of the parties to any court proceeding to determine
264	paternity. A person who violates this section commits instituted
265	or prosecuted under this act; and any person violating this
266	provision shall be guilty of a misdemeanor of the first degree,
267	punishable as provided in s. 775.082 or s. 775.083.
268	Section 9.  This act shall take effect July 1, 2007.

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