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The Committee on Children, Families, and Elder Affairs (Storms)

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recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 96 and 97

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and insert:

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     Section 3.  Subsection (2) of section 409.2558, Florida

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Statutes, is created to read:

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409.2558  Support distribution and disbursement.--

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     (2) Any payments made to the obligee in a Title IV-D case

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shall be disbursed electronically. The obligee may designate a

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personal account for deposit of payments. If the obligee does

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not designate a personal account, the State Disbursement Unit

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shall deposit any payments into a stored-value account that can

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be accessed by the obligee.

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     (3)(2) UNDISTRIBUTABLE COLLECTIONS.--

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     (a)  The department shall establish by rule the method for

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determining a collection or refund to be undistributable to the

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final intended recipient. Before determining a collection or

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refund to be undistributable, the department shall make

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reasonable efforts to locate persons to whom collections or

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refunds are owed so that payment can be made. Location efforts

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may include disclosure through a searchable database of the

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names of obligees, obligors, and depository account numbers on

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the Internet in compliance with the requirements of s.

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119.01(2)(a).

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     (b)  Collections that are determined to be undistributable

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shall be processed in the following order of priority:

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     1.  Apply the payment to any assigned arrears on the

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custodial parent's case; then

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     2.  Apply the payment to any administrative costs ordered

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by the court pursuant to s. 409.2567 associated with the

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custodial parent's case; then

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     3.  When the noncustodial parent is subject to a valid

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order to support another child in a case with a different

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custodial parent and the obligation is being enforced by the

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department, the department shall send by certified mail,

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restricted delivery, return receipt requested, to the

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noncustodial parent at the most recent address provided by the

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noncustodial parent to the tribunal that issued the order, a

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notice stating the department's intention to apply the payment

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pursuant to this subparagraph, and advising the noncustodial

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parent of the right to contest the department's proposed action

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in the circuit court by filing and serving a petition on the

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department within 30 days after the mailing of the notice. If

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the noncustodial parent does not file and serve a petition

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within the 30 days after mailing of the notice, or upon a

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disposition of the judicial action favorable to the department,

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the department shall apply the payment toward his or her other

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support obligation. If there is more than one such other case,

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the department shall allocate the remaining undistributable

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amount as specified by s. 61.1301(4)(c); then

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     4.  Return the payment to the noncustodial parent; then

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     5.  If the noncustodial parent cannot be located after

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diligent efforts by the department, the federal share of the

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payment shall be credited to the Federal Government and the

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state share shall be transferred to the General Revenue Fund.

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     (c)  Refunds to noncustodial parents that are determined to

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be undistributable shall be processed in the following manner:

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     1.  The federal share of the refund shall be sent to the

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Federal Government.

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     2.  The state share shall be credited to the General

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Revenue Fund.

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     (4)(3) UNIDENTIFIABLE COLLECTIONS.--

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     (a)  The department shall establish by rule the method for

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determining a collection to be unidentifiable.

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     (b)  Upon being determined to be unidentifiable, the

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federal share of unidentifiable collections shall be credited to

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the Federal Government and the state share shall be transferred

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to the General Revenue Fund.

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     (5)(4) RECLAIMING COLLECTIONS DECLARED TO BE

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UNDISTRIBUTABLE OR UNIDENTIFIABLE.--At such time as an

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undistributable or unidentifiable collection that has been

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transferred to the Federal Government and to the General Revenue

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Fund in the relevant method above becomes distributable or

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identified, meaning either the noncustodial parent or the

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custodial parent is identified or located, the department shall

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retrieve the transferred moneys in the following manner:

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     (a)  Offset the next credit to the Federal Government in an

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amount equal to the share of the collection which had been

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transferred; and

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     (b)  Offset the next transfer to the General Revenue Fund

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in an amount equal to the state share of the collection which

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had been transferred to the General Revenue Fund.

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The collection shall then be processed, as appropriate.

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     (6)(5) RECONSIDERATION OF DISTRIBUTION AND DISBURSEMENT.--

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A recipient of collection and distribution services of the

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department's Child Support Enforcement Program may request a

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reconsideration by the department concerning the amount

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collected, the date collected, the amount distributed, the

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distribution timing, or the calculation of arrears. The

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department shall establish by rule a reconsideration procedure

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for informal review of agency action in distributing and

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disbursing support payments collected by the department. The

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procedures must provide the recipients of services with an

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opportunity to review the department's actions before a hearing

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is requested under chapter 120.

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     (7)(6) OVERPAYMENT.--If the department's records indicate

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that a support obligee has received an overpayment of support

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from the department due to either mistake or fraud, the

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department may take action to recover the overpayment. The

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department may establish by rule a procedure to recover

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overpayments.

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     (8)(7) ORDER REDIRECTING PAYMENTS TO THE PERSON WITH WHOM

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THE CHILD RESIDES.--

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     (a)  If the department determines in a Title IV-D case that

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a child for whom a support order has been entered by a tribunal

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of this state resides with a person other than the obligee or

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obligor, the department may not disburse current support

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payments for the child to the obligee without a further order

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from the tribunal that entered the support order. For purposes

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of this section, "tribunal" means either the circuit court or

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the department.

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     (b)  A determination by the department under paragraph (a)

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must be based on one or more of the following factors:

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     1.  Public assistance records that show a person other than

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the obligee or obligor is receiving public assistance for the

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child.

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     2.  A statement by the obligee that the child resides with

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a person other than the obligee or obligor is submitted to the

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department.

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     3.  A sworn statement or written declaration signed under

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penalty of perjury by a person who has personal knowledge that

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the child resides with a person other than the obligee or

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obligor is submitted to the department.

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     4.  Government records that show the obligee is

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incarcerated.

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     5.  Evidence that the obligee has left the community where

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the child resides is submitted to the department.

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     6.  Other credible information that indicates the child

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resides with a person other than the obligee or obligor is

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submitted to the department.

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     (c)  When the department determines that a child as

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specified in paragraph (a) resides with a person other than the

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obligee or obligor, the department shall submit by regular mail

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to the obligee, the obligor, and, if known, the person with whom

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the child resides a notice that states:

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     1.  The facts on which the determination is based.

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     2.  The name and address of the person with whom the child

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resides, if known, unless disclosure is prohibited under s.

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409.2579(3) or (4) or the child is in foster care.

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     3.  That the department will not disburse current support

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payments for the child without a further order from the tribunal

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that entered the support order.

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     4.  If the support order was entered by the circuit court:

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     a.  That the department will file a motion and proposed

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order with the court that asks the court to order that the

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obligor's current support payments be disbursed to the person

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with whom the child resides, determine arrearages, and order

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repayment of arrearages;

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     b.  That the obligee, the obligor, and the person with whom

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the child resides may file an objection in court to the proposed

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order or a motion to compel disbursement; and

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     c.  That the obligee, the obligor, and the person with whom

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the child resides will be mailed a copy of the department's

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motion and notified of any court hearing.

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     5.  If the support order was entered by the department:

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     a.  That the department intends to disburse the current

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support payments to the person with whom the child resides, if

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known, determine arrearages, and order repayment of arrearages;

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     b.  The effective date of the intended action to disburse

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current support payments to the person with whom the child

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resides, the amount of arrearages owed to the obligee and the

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person with whom the child resides, and the amount of the order

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for periodic repayment of arrearages;

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     c.  That the obligee, the obligor, and the person with whom

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the child resides may contest the intended action by filing with

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the department a petition for an administrative hearing within

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30 days after the date of mailing of the notice;

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     d.  That if a timely petition for an administrative hearing

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is filed, the parties will be given advance notice of the date,

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time, and place of the hearing; and

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     e.  That if the notice of intended action is not timely

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contested, the department will enter a final order based on what

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is stated in the notice.

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     (d)  The tribunal that entered the support order shall

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determine whether support payments not disbursed by the

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department and current support must be paid to the obligee, paid

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to the person with whom the child resides, or refunded to the

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obligor. The person with whom the child resides is deemed a

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party to the proceedings. The tribunal is not required to hold a

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hearing unless a party has filed a timely objection to the

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proposed order or a timely petition for an administrative

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hearing. If the department is the tribunal and a timely petition

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for an administrative hearing is filed, the hearing shall be

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conducted by the Division of Administrative Hearings and the

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administrative law judge shall enter a final order. If a hearing

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is not required, the tribunal shall enter an order within 30

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days after the department's motion is filed or the notice of

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intended action is mailed. If a timely objection or petition for

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an administrative hearing is filed, a hearing shall be conducted

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and an order entered within 30 days after the objection or

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petition is filed.

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     (e)  If the tribunal finds by a preponderance of the

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evidence that the child does not reside with the obligee, the

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tribunal shall enter an order that redirects the obligor's

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current support payments due under the support order to the

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person with whom the child resides, determine arrearages owed to

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the obligee and the person with whom the child resides, and

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order repayment of arrearages. The tribunal need not recompute

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the obligor's support obligation under the child support

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guidelines. If the person with whom the child resides is unknown

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and the obligor owes no arrearages or costs, the tribunal shall

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enter an order that refunds the payments not disbursed by the

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department to the obligor. If the child resides with the

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obligor, the person with whom the child resides is unknown, or

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the child's place of residence is unknown, the tribunal shall

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consider whether to abate, terminate, or modify the support

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order.

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     (f)  A tribunal that enters an order that redirects or

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refunds support payments shall file a copy of the order with the

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depository that serves as official recordkeeper for payments due

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under the support order. The depository shall maintain separate

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accounts and separate account numbers for individual payees.

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     (9)(8) RULEMAKING AUTHORITY.--The department may adopt

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rules to administer this section. The department shall provide a

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draft of the proposed concepts for the rule for the

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undistributable collections to interested parties for review and

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recommendations prior to full development of the rule and

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initiating the formal rule-development process. The department

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shall consider but is not required to implement the

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recommendations. The department shall provide a report to the

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President of the Senate and the Speaker of the House of

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Representatives containing the recommendations received from

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interested parties and the department's response regarding

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incorporating the recommendations into the rule.

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(renumber subsequent sections)

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 14 after "Revenue"

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insert:

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amending s. 409.2558, F.S., requiring the State

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Disbursement Unit to disburse payments to obligees

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electronically;

3/5/2008  1:00:00 PM     CF.CF.04482