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; providing for diligent search and inquiry;
18	amending s. 742.09, F.S.; providing an exception to the
19	prohibition against publication of the name of a party in
20	a paternity action; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Section 49.011, Florida Statutes, is amended to
25	read:
26	49.011  Service of process by publication; cases in which
27	allowed.--Service of process by publication may be made in any
28	court on any party identified person mentioned in s. 49.021 in
29	any action or proceeding:
30	(1)  To enforce any legal or equitable lien or claim to any
31	title or interest in real or personal property within the
32	jurisdiction of the court or any fund held or debt owing by any
33	party on whom process can be served within this state.
34	(2)  To quiet title or remove any encumbrance, lien, or
35	cloud on the title to any real or personal property within the
36	jurisdiction of the court or any fund held or debt owing by any
37	party on whom process can be served within this state.
38	(3)  To partition real or personal property within the
39	jurisdiction of the court.
40	(4)  For dissolution or annulment of marriage.
41	(5)  For the construction of any will, deed, contract, or
42	other written instrument and for a judicial declaration or
43	enforcement of any legal or equitable right, title, claim, lien,
44	or interest thereunder.
45	(6)  To reestablish a lost instrument or record which has
46	or should have its situs within the jurisdiction of the court.
47	(7)  In which a writ of replevin, garnishment, or
48	attachment has been issued and executed.
49	(8)  In which any other writ or process has been issued and
50	executed which places any property, fund, or debt in the custody
51	of a court.
52	(9)  To revive a judgment by motion or scire facias.
53	(10)  For adoption.
54	(11)  In which personal service of process or notice is not
55	required by the statutes or constitution of this state or by the
56	Constitution of the United States.
57	(12)  In probate or guardianship proceedings in which
58	personal service of process or notice is not required by the
59	statutes or constitution of this state or by the Constitution of
60	the United States.
61	(13)  For termination of parental rights pursuant to part
62	IX of chapter 39.
63	(14)  For temporary custody of a minor child, under ss.
64	751.01-751.05.
65	(15)  To determine paternity, but only as to the legal
66	father in a paternity action in which another man is alleged to
67	be the biological father, in which case it is necessary to serve
68	process on the legal father in order to establish paternity with
69	regard to the alleged biological father.
70	Section 2.  Subsection (2) of section 61.1814, Florida
71	Statutes, is amended to read:
72	61.1814  Child Support Enforcement Application and Program
73	Revenue Trust Fund.--
74	(2)  With the exception of fees required to be deposited in
75	the Clerk of the Court Child Support Enforcement Collection
76	System Trust Fund under s. 61.181(2)(b) and collections
77	determined to be undistributable or unidentifiable under s.
78	409.2558, the fund shall be used for the deposit of Title IV-D
79	program income received by the department. Each type of program
80	income received shall be accounted for separately. Program
81	income received by the department includes, but is not limited
82	to:
83	(a)  Application fees of nonpublic assistance applicants
84	for child support enforcement services;
85	(b)  Court-ordered costs recovered from child support
86	obligors;
87	(c)  Interest on child support collections;
88	(d)  The balance of fees received under s. 61.181(2)(a) on
89	non-Title IV-D cases required to be processed through the State
90	Disbursement Unit after the clerk's share is paid; and
91	(e)  Fines imposed under ss. 409.256(7)(b), 409.2564(7),
92	and 409.2578; and
93	(f)  The annual fee required under s. 409.2567.
94	Section 3.  Subsection (6) of section 61.1824, Florida
95	Statutes, is amended to read:
96	61.1824  State Disbursement Unit.--
97	(6)  Effective October 1, 1999, All support payments for
98	cases to which the requirements of this section apply shall be
99	made payable to and delivered to the State Disbursement Unit.
100	Effective October 1, 2006,
101	(a)  An employer that is required to remit tax payments
102	electronically to the department under s. 213.755 or s. 443.163
103	who employed 10 or more employees in any quarter during the
104	preceding state fiscal year or who was subject to and paid tax
105	to the department in an amount of $30,000 or more shall remit
106	support payments deducted pursuant to an income deduction order
107	or income deduction notice and provide associated case data to
108	the State Disbursement Unit by electronic means approved by the
109	department. The department may waive the requirement to remit
110	payments electronically for an employer that is unable to comply
111	despite good faith efforts or due to circumstances beyond the
112	employer's reasonable control. Grounds for approving a waiver
113	include, but are not limited to, circumstances in which:
114	1.  The employer does not have a computer that meets the
115	minimum standards necessary for electronic remittance.
116	2.  Additional time is needed to program the employer's
117	computer.
118	3.  The employer does not currently file data
119	electronically with any business or government agency.
120	4.  Compliance conflicts with the employer's business
121	procedures.
122	5.  Compliance would cause a financial hardship.
123	(b)  The department shall adopt by rule standards for
124	electronic remittance, and data transfer, and waivers that, to
125	the extent feasible, are consistent with the department's rules
126	for electronic filing and remittance of taxes under ss. 213.755
127	and 443.163. A waiver granted by the department from the
128	requirement to file and remit electronically under s. 213.755 or
129	s. 443.163 constitutes a waiver from the requirement under this
130	subsection.
131	(7)  Notwithstanding any other statutory provision to the
132	contrary, funds received by the State Disbursement Unit shall be
133	held, administered, and disbursed by the State Disbursement Unit
134	pursuant to the provisions of this chapter.
135	Section 4.  Subsection (10) of section 409.2564, Florida
136	Statutes, is amended to read:
137	409.2564  Actions for support.--
138	(10)  For the purposes of denial, revocation, or limitation
139	of an obligor's individual's United States passport, consistent
140	with 42 U.S.C. s. 652(k)(1), the department Title IV-D agency
141	shall have procedures to certify to the Secretary of the United
142	States Department of Health and Human Services, in the format
143	and accompanied by such supporting documentation as the
144	secretary may require, a determination that an obligor
145	individual owes arrearages of support in an amount exceeding
146	$2,500 $5,000. Said procedures shall provide that the obligor
147	individual be given notice of the determination and of the
148	consequence thereof and that the individual shall be given an
149	opportunity to contest the accuracy of the determination.
150	Section 5.  Section 409.25641, Florida Statutes, is amended
151	to read:
152	409.25641  Procedures for processing interstate automated
153	administrative enforcement requests.--
154	(1)  The department Title IV-D agency shall use automated
155	administrative enforcement, as provided in 42 U.S.C. s.
156	666(a)(14)(A) to respond defined in the Social Security Act, in
157	response to a request from another state to enforce a support
158	order and shall promptly report the results of the enforcement
159	action to the requesting state.
160	(2)  This request:
161	(a)  May be transmitted from the other state by electronic
162	or other means;
163	(b)  Shall contain sufficient identifying information to
164	allow comparison with the databases within the state which are
165	available to the Title IV-D agency; and
166	(c)  Shall constitute a certification by the requesting
167	state:
168	1.  Of the amount of arrearage accrued under the order; and
169	2.  That the requesting state has complied with all
170	procedural due process requirements applicable to the case.
171	(3)  If assistance is provided by the Title IV-D agency to
172	another state as prescribed above, neither state shall consider
173	the case to be transferred from the caseload of the other state
174	to the caseload of the Title IV-D agency.
175	(4)  The Title IV-D agency shall maintain a record of:
176	(a)  The number of requests received;
177	(b)  The number of cases for which the Title IV-D agency
178	collected support in response to such a request; and
179	(c)  The amount of such collected support.
180	(5)  The department shall have authority to adopt rules to
181	implement this section.
182	Section 6.  Section 409.2567, Florida Statutes, is amended
183	to read:
184	409.2567  Services to individuals not otherwise eligible.--
185	(1)  All support services provided by the department shall
186	be made available on behalf of all dependent children. Services
187	shall be provided upon acceptance of public assistance or upon
188	proper application filed with the department. The federally
189	required application fee for individuals who do not receive
190	public assistance is $1, which shall be waived for all
191	applicants and paid by the department. The annual fee required
192	under 42 U.S.C. s. 654(6)(B) for cases involving an individual
193	who has never received temporary cash assistance and for whom
194	the department has collected at least $500 of support shall be
195	paid by the department. The obligor is responsible for all
196	administrative costs, as defined in s. 409.2554. The court shall
197	order payment of administrative costs without requiring the
198	department to have a member of the bar testify or submit an
199	affidavit as to the reasonableness of the costs.
200	(2)  An attorney-client relationship exists only between
201	the department and the legal services providers in Title IV-D
202	cases. The attorney shall advise the obligee in Title IV-D cases
203	that the attorney represents the agency and not the obligee. In
204	Title IV-D cases, any costs, including filing fees, recording
205	fees, mediation costs, service of process fees, and other
206	expenses incurred by the clerk of the circuit court,
207	(3)  All administrative costs shall be assessed only
208	against the nonprevailing obligor after the court makes a
209	determination of the nonprevailing obligor's ability to pay such
210	costs and fees. In any case where the court does not award all
211	costs, the court shall state in the record its reasons for not
212	awarding the costs. The court shall order payment of costs
213	without requiring the department to have a member of the bar
214	testify or submit an affidavit as to the reasonableness of the
215	costs.
216	(4)  The Department of Revenue shall not be considered a
217	party for purposes of this section; however, fees may be
218	assessed against the department pursuant to s. 57.105(1).
219	(5)  The Department of Revenue shall seek a waiver from the
220	Secretary of the United States Department of Health and Human
221	Services to authorize the Department of Revenue to provide
222	services in accordance with Title IV-D of the Social Security
223	Act to individuals who are owed support without need of an
224	application. If the waiver is granted, the Department of Revenue
225	shall adopt rules to implement the waiver and begin providing
226	Title IV-D services if support payments are not being paid as
227	ordered, except that the individual first must be given written
228	notice of the right to refuse Title IV-D services and a
229	reasonable opportunity to respond.
230	Section 7.  Section 409.257, Florida Statutes, is amended
231	to read:
232	409.257  Service of process.--
233	(1)  The service of original initial process and orders in
234	any paternity or child support action or proceeding lawsuits
235	filed by the department, under this act, shall be made in
236	accordance with served by the sheriff in the county where the
237	person to be served may be found or, if determined more
238	effective by the department, by any means permitted under
239	chapter 48 for service of process in a civil action. The sheriff
240	shall be reimbursed at the prevailing rate of federal financial
241	participation for service of process and orders as allowed by
242	law. The sheriff shall bill the department monthly as provided
243	for in s. 30.51(2). In addition,
244	(2)  Process and orders may be served or executed by
245	authorized agents of the department at the department's
246	discretion if; provided that the agent of the department does
247	not take any action against personal property, real property, or
248	persons.
249	(3)  Service of process by publication under chapter 49 may
250	be made on the legal father in any action or proceeding to
251	determine paternity, which may result in termination of the
252	legal father's parental rights, in which another man is alleged
253	to be the biological father. Before service of process by
254	publication may be made, the petitioner shall conduct a diligent
255	search and inquiry to locate the legal father. A diligent search
256	must include the inquiries required by s. 63.088(5). The
257	petitioner shall execute an affidavit of diligent search and
258	file it with the court confirming completion of each aspect of
259	the diligent search enumerated in s. 63.088(5) and specifying
260	the results. If the legal father cannot be located, he shall be
261	served with process by publication in the manner provided in
262	chapter 49. The notice shall be published in the county where
263	the legal father was last known to have resided. The clerk of
264	the circuit court shall mail a copy of the notice to the legal
265	father at his last known address.
266	(4)  Notices and other intermediate process, except witness
267	subpoenas, shall be served by the department as provided for in
268	the Florida Rules of Civil Procedure.
269	(5)  Witness subpoenas shall be served by the department by
270	United States mail as provided for in s. 48.031(3).
271	Section 8.  Section 742.09, Florida Statutes, is amended to
272	read:
273	742.09  Publishing names; penalty.--Except for the purpose
274	of serving process by publication, as provided under s.
275	49.011(15), it shall be unlawful for the owner, publisher,
276	manager, or operator of any newspaper, magazine, radio station,
277	or other publication of any kind whatsoever, or any other person
278	responsible therefor, or any radio broadcaster, to publish the
279	name of any of the parties to any court proceeding to determine
280	paternity. A person who violates this section commits instituted
281	or prosecuted under this act; and any person violating this
282	provision shall be guilty of a misdemeanor of the first degree,
283	punishable as provided in s. 775.082 or s. 775.083.
284	Section 9.  This act shall take effect July 1, 2007.

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