Proposed Committee Substitute by the Committee on Children,

Families, and Elder Affairs

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A bill to be entitled

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An act relating to child support enforcement; amending s.

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61.14, F.S.; requiring payments on child support judgments

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to be applied first to the current child support due, then

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to the delinquent principal, and then to any interest on

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the judgment; amending s. 328.42, F.S.; requiring the

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Department of Highway Safety and Motor Vehicles to

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cooperate with the Department of Revenue in establishing a

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method for disclosing owners of registered vessels to the

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Department of Revenue; authorizing the Department of

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Highway Safety and Motor Vehicles to suspend the operating

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privilege of vessel owners who are not in compliance with

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orders relating to child support when directed by the

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Department of Revenue; amending s. 409.256, F.S.;

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requiring the correctional facility to assist a putative

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father in complying with an order to appear for genetic

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testing; clarifying that an administrative order for

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genetic testing has the same force and effect as a court

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order; amending s. 456.004, F.S.; requiring the Department

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of Health to cooperate with the Department of Revenue in

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establishing a method for disclosing health practitioner

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licensees to the Department of Revenue; authorizing the

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Department of Health to suspend or deny the license of a

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licensee who is not in compliance with orders relating to

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child support when directed by the Department of Revenue;

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amending ss. 497.167 and 559.79, F.S.; requiring the

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Department of Business and Professional Regulation to

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cooperate with the Department of Revenue in establishing a

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method for disclosing professional licensees to the

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Department of Revenue; authorizing the Department of

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Business and Professional Regulation to suspend or deny

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the license of a licensee who is not in compliance with

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orders relating to child support when directed by the

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Department of Revenue; amending s. 1012.21, F.S.;

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requiring the Department of Education to cooperate with

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the Department of Revenue in establishing a method for

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disclosing educators to the Department of Revenue;

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authorizing the Department of Education to suspend or deny

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the teaching certificate of a person who is not in

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compliance with orders relating to child support when

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directed by the Department of Revenue; amending s.

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1012.795, F.S.; requiring the Education Practices

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Commission to suspend or deny the educator certificate of

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a person who is not in compliance with orders relating to

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child support upon notice by the Department of Revenue;

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repealing s. 409.25645, F.S., relating to the Department

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of Revenue's authority to publish a list of overdue child

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support obligors; providing an effective date.

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

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     Section 1.  Paragraph (d) of subsection (6) of section

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61.14, Florida Statutes, is amended to read:

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     61.14  Enforcement and modification of support, maintenance,

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or alimony agreements or orders.--

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     (6)

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     (d)  The court shall hear the obligor's motion to contest

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the impending judgment within 15 days after the date of the

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filing of the motion. Upon the court's denial of the obligor's

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motion, the amount of the delinquency and all other amounts that

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which thereafter become due, together with costs and a service

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charge of up to $7.50, become a final judgment by operation of

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law against the obligor. The depository shall charge interest at

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the rate established in s. 55.03 on all judgments for support.

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Payments on judgments shall be applied first to the current child

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support due, then to any delinquent principal, and then to

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interest on the support judgment.

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     Section 2.  Subsection (1) of section 328.42, Florida

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Statutes, is amended to read:

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     328.42  Suspension or denial of a vessel registration due to

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support delinquency; dishonored checks.--

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     (1) The department shall work cooperatively with the

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Department of Revenue to establish an automated method for

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periodically disclosing information relating to current owners of

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registered vessels to the Department of Revenue, the state's

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Title IV-D agency must allow applicants for new or renewal

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registrations to be screened by the Department of Revenue, as the

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Title IV-D child support agency under s. 409.2598 to assure

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compliance with an obligation for support as defined in s.

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409.2554, or by a non-IV-D obligee to assure compliance with a

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child support obligation. The purpose of this subsection section

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is to promote the public policy of this state relating to child

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support as established in s. 409.2551. The department shall must,

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when directed by the court or the Department of Revenue pursuant

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to s. 409.2598, deny or suspend the vessel registration and

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suspend the vessel operating privilege of an owner of any

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applicant found not to be in compliance with a support order,

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subpoena, an order to show cause, or a written agreement with the

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Department of Revenue to have a delinquent support obligation.

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The department shall must issue or reinstate a registration and a

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privilege to operate when notified by the Title IV-D agency or

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the court or the Department of Revenue that the owner applicant

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has complied with the terms of the support court order. The

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department is may not be held liable for any registration denial

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or suspension, or suspension of operating privileges, resulting

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from the discharge of its duties under this section.

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     Section 3.  Paragraph (d) and (e) are added to subsection

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(4) of section 409.256, Florida Statutes, to read:

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     409.256  Administrative proceeding to establish paternity or

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paternity and child support; order to appear for genetic

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testing.--

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     (4)  NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR

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PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC TESTING;

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MANNER OF SERVICE; CONTENTS.--The Department of Revenue shall

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commence a proceeding to determine paternity, or a proceeding to

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determine both paternity and child support, by serving the

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respondent with a notice as provided in this section. An order to

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appear for genetic testing may be served at the same time as a

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notice of the proceeding or may be served separately. A copy of

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the affidavit or written declaration upon which the proceeding is

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based shall be provided to the respondent when notice is served.

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A notice or order to appear for genetic testing shall be served

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by certified mail, restricted delivery, return receipt requested,

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or in accordance with the requirements for service of process in

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a civil action. Service by certified mail is completed when the

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certified mail is received or refused by the addressee or by an

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authorized agent as designated by the addressee in writing. If a

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person other than the addressee signs the return receipt, the

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department shall attempt to reach the addressee by telephone to

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confirm whether the notice was received, and the department shall

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document any telephonic communications. If someone other than the

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addressee signs the return receipt, the addressee does not

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respond to the notice, and the department is unable to confirm

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that the addressee has received the notice, service is not

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completed and the department shall attempt to have the addressee

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served personally. For purposes of this section, an employee or

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an authorized agent of the department may serve the notice or

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order to appear for genetic testing and execute an affidavit of

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service. The department may serve an order to appear for genetic

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testing on a custodian. The department shall provide a copy of

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the notice or order to appear by regular mail to the mother and

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custodian, if they are not respondents.

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     (d) If the putative father is incarcerated, the

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correctional facility shall assist the putative father in

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complying with an administrative order to appear for genetic

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testing issued under this section.

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     (e) An administrative order to appear for genetic testing

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has the same force and effect as a court order.

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     Section 4.  Subsection (9) of section 456.004, Florida

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Statutes, is amended to read:

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     456.004  Department; powers and duties.--The department, for

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the professions under its jurisdiction, shall:

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     (9) Work cooperatively with the Department of Revenue to

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establish an automated method for periodically disclosing

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information relating to current licensees to the Department of

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Revenue, the state's Title IV-D agency Allow applicants for new

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or renewal licenses and current licensees to be screened by the

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Title IV-D child support agency pursuant to s. 409.2598 to assure

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compliance with a support obligation, as defined in s. 409.2554.

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The purpose of this subsection is to promote the public policy of

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this state relating to child support as established in s.

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409.2551. The department shall, when directed by the court or the

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Department of Revenue pursuant to s. 409.2598, suspend or deny

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the license of any licensee found not to be in compliance with a

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support order, a subpoena, an order to show cause, or a written

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agreement with the Department of Revenue to have a delinquent

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support obligation. The department shall issue or reinstate the

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license without additional charge to the licensee when notified

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by the court or the Department of Revenue that the licensee has

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complied with the terms of the support court order. The

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department is shall not be held liable for any license denial or

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suspension resulting from the discharge of its duties under this

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subsection.

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     Section 5.  Subsection (6) of section 497.167, Florida

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Statutes, is amended to read:

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     497.167  Administrative matters.--

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     (6) The department shall work cooperatively with the

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Department of Revenue to establish an automated method for

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periodically disclosing information relating to current licensees

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to the Department of Revenue, the state's Title IV-D agency allow

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applicants for new or renewal licenses and current licensees to

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be screened by the Title IV-D child support agency pursuant to s.

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409.2598 to ensure compliance with a support obligation. The

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purpose of this subsection is to promote the public policy of

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this state relating to child support as established in s.

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409.2551. The department shall, when directed by the court or the

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Department of Revenue pursuant to s. 409.2598, suspend or deny

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the license of any licensee found not to be in compliance with a

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support order, a subpoena, an order to show cause, or a written

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agreement with the Department of Revenue to have a delinquent

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support obligation, as defined in s. 409.2554. The department

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shall issue or reinstate the license without additional charge to

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the licensee when notified by the court or the Department of

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Revenue that the licensee has complied with the terms of the

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support court order. The department is shall not be held liable

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for any license denial or suspension resulting from the discharge

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of its duties under this subsection.

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     Section 6.  Subsection (3) of section 559.79, Florida

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Statutes, is amended to read:

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     559.79  Applications for license or renewal.--

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     (3) The department shall work cooperatively with the

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Department of Revenue to establish an automated method for

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periodically disclosing information relating to current licensees

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to the Department of Revenue, the state's Title IV-D agency allow

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the Title IV-D child support agency to screen all applicants for

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new or renewal licenses and current licensees pursuant to s.

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409.2598 to assure compliance with a support obligation, as

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defined in s. 409.2554. The purpose of this subsection is to

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promote the public policy of this state relating to child support

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as established in s. 409.2551. The department shall, when

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directed by the court or the Department of Revenue pursuant to s.

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409.2598, suspend or deny the license of any licensee found not

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to be in compliance with a support order, a subpoena, an order to

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show cause, or a written agreement with the Department of Revenue

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to have a delinquent support obligation. The department shall

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issue or reinstate the license without additional charge to the

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licensee when notified by the court or the Department of Revenue

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that the licensee has complied with the terms of the support

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court order. The department is shall not be liable for any

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license denial or suspension resulting from the discharge of its

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duties under this subsection.

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     Section 7.  Subsection (3) of section 1012.21, Florida

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Statutes, is amended to read:

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     1012.21  Department of Education duties; K-12 personnel.--

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     (3)  SUSPENSION OR DENIAL OF TEACHING CERTIFICATE DUE TO

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CHILD SUPPORT DELINQUENCY.--The Department of Education shall

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work cooperatively with the Department of Revenue to establish an

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automated method for periodically disclosing information relating

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to individuals who hold a certificate pursuant to s. 1012.56 or

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s. 1012.57 to the Department of Revenue, the state's Title IV-D

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agency allow applicants for new or renewal certificates and

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renewal certificateholders to be screened by the Title IV-D child

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support agency pursuant to s. 409.2598 to assure compliance with

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an obligation for support, as defined in s. 409.2554. The purpose

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of this section is to promote the public policy of this state

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relating to child support as established in s. 409.2551. The

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department shall, when directed by the court or the Department of

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Revenue pursuant to s. 409.2598, deny or suspend the application

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of any applicant found not to be in compliance with a support

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order, a subpoena, an order to show cause, or a written agreement

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with the Department of Revenue to have a delinquent support

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obligation. The department shall issue or reinstate the

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certificate without additional charge to the certificateholder

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when notified by the court or the Department of Revenue that the

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certificateholder has complied with the terms of the support

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court order. The department is shall not be held liable for any

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certificate denial or suspension resulting from the discharge of

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its duties under this section.

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     Section 8.  Subsection (1) and paragraph (a) of subsection

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(4) of section 1012.795, Florida Statutes, are amended to read:

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     1012.795  Education Practices Commission; authority to

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discipline.--

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     (1)  The Education Practices Commission may suspend the

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educator certificate of any person as defined in s. 1012.01(2) or

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(3) for up to a period of time not to exceed 5 years, thereby

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denying that person the right to teach or otherwise be employed

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by a district school board or public school in any capacity

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requiring direct contact with students for that period of time,

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after which the holder may return to teaching as provided in

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subsection (4); may revoke the educator certificate of any

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person, thereby denying that person the right to teach or

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otherwise be employed by a district school board or public school

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in any capacity requiring direct contact with students for up to

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a period of time not to exceed 10 years, with reinstatement

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subject to the provisions of subsection (4); may revoke

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permanently the educator certificate of any person thereby

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denying that person the right to teach or otherwise be employed

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by a district school board or public school in any capacity

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requiring direct contact with students; may suspend the educator

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certificate, upon an order of the court or notice by the

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Department of Revenue relating to the payment of child support,

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of any person found to have a delinquent child support

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obligation; or may impose any other penalty provided by law,

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provided it can be shown that the person:

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     (a)  Obtained or attempted to obtain an educator certificate

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by fraudulent means.

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     (b)  Has proved to be incompetent to teach or to perform

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duties as an employee of the public school system or to teach in

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or to operate a private school.

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     (c)  Has been guilty of gross immorality or an act involving

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moral turpitude.

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     (d)  Has had an educator certificate sanctioned by

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revocation, suspension, or surrender in another state.

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     (e)  Has been convicted of a misdemeanor, felony, or any

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other criminal charge, other than a minor traffic violation.

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     (f)  Upon investigation, has been found guilty of personal

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conduct that which seriously reduces that person's effectiveness

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as an employee of the district school board.

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     (g)  Has breached a contract, as provided in s. 1012.33(2).

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     (h) Has been the subject of a court order or notice by the

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Department of Revenue pursuant to s. 409.2598 directing the

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Education Practices Commission to suspend the certificate as a

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result of noncompliance with a child support order, a subpoena,

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an order to show cause, or a written agreement with the

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Department of Revenue a delinquent child support obligation.

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     (i)  Has violated the Principles of Professional Conduct for

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the Education Profession prescribed by State Board of Education

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rules.

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     (j)  Has otherwise violated the provisions of law, the

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penalty for which is the revocation of the educator certificate.

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     (k)  Has violated any order of the Education Practices

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Commission.

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     (l)  Has been the subject of a court order or plea agreement

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in any jurisdiction which requires the certificateholder to

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surrender or otherwise relinquish his or her educator's

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certificate. A surrender or relinquishment shall be for permanent

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revocation of the certificate. A person may not surrender or

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otherwise relinquish his or her certificate prior to a finding of

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probable cause by the commissioner as provided in s. 1012.796.

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     (4)(a) An educator certificate that which has been

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suspended under this section is automatically reinstated at the

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end of the suspension period, provided the certificate did not

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expire during the period of suspension. If the certificate

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expired during the period of suspension, the holder of the former

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certificate may secure a new certificate by making application

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therefor and by meeting the certification requirements of the

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state board current at the time of the application for the new

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certificate. An educator certificate suspended pursuant to

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paragraph (1)(g) a court order for a delinquent child support

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obligation may only be reinstated only upon notice from the court

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or the Department of Revenue that the party has complied with the

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terms of the support court order, subpoena, order to show cause,

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or written agreement.

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     Section 9. Section 409.25645, Florida Statutes, is

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repealed.

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