Florida Senate - 2008 CS for CS for SB 1152
By the Committees on Judiciary; Children, Families, and Elder Affairs; and Senators Storms and Lynn
590-06397-08 20081152c2
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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. 61.1824, F.S.; requiring the
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State Disbursement Unit to disburse payments to obligees
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electronically; 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. 409.2558, F.S.;
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requiring the State Disbursement Unit to disburse payments
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to obligees electronically; 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 s. 497.167, F.S.; authorizing the Department of
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Financial Services 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 s. 559.79, F.S.; requiring the Department of
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Business and Professional Regulation to cooperate with the
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Department of Revenue in establishing a method for
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disclosing professional licensees to the Department of
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Revenue; authorizing the Department of Business and
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Professional Regulation to suspend or deny the license of
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a licensee who is not in compliance with orders relating
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to child support when directed by the Department of
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Revenue; amending s. 1012.21, F.S.; requiring the
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Department of Education to cooperate with the Department
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of Revenue in establishing a method for disclosing
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educators to the Department of Revenue; authorizing the
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Department of Education to suspend or deny the teaching
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certificate of a person 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. 1012.795, F.S.;
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requiring the Education Practices Commission to suspend or
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deny the educator certificate of a person who is not in
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compliance with orders relating to child support upon
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notice by the Department of Revenue; repealing s.
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409.25645, F.S., relating to administrative orders for
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genetic testing; 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. Paragraph (d) of subsection (3) of section
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61.1824, Florida Statutes, is amended to read:
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61.1824 State Disbursement Unit.--
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(3) The State Disbursement Unit shall perform the following
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functions:
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(d) To the extent feasible, use automated procedures for
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the collection and disbursement of support payments, including,
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but not limited to, having procedures for:
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1. Receipt of payments from obligors, employers, other
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states and jurisdictions, and other entities.
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2. Timely disbursement of payments to obligees, the
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department, and other state Title IV-D agencies.
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3. Accurate identification of payment source and amount.
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4. Furnishing any parent, upon request, timely information
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on the current status of support payments under an order
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requiring payments to be made by or to the parent, except that in
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cases described in paragraph (1)(b), prior to the date the State
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Disbursement Unit becomes fully operational, the State
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Disbursement Unit shall not be required to convert and maintain
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in automated form records of payments kept pursuant to s. 61.181.
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5. Electronic disbursement of support payments to obligees.
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The State Disbursement Unit shall notify obligees of electronic
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disbursement options and encourage their use through promotional
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material. Any payments made to the State Disbursement Unit which
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are owed to the obligee shall be disbursed electronically. The
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obligee may designate a personal account for deposit of payments.
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If the obligee does not designate a personal account, the State
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Disbursement Unit shall deposit any payment into a stored-value
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account that can be accessed by the obligee.
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Section 3. 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 4. Present subsections (2), (3), (4), (5), (6),
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(7), and (8) of section 409.2558, Florida Statutes, are
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renumbered as subsections (3), (4), (5), (6), (7), (8), and (9),
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respectively, and a new subsection (2) is added to that section,
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to read:
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409.2558 Support distribution and disbursement.--
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(2) Any payments owed 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 not
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designate a personal account, the State Disbursement Unit shall
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deposit any payments into a stored-value account that can be
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accessed by the obligee.
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Section 5. 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 6. 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 7. 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 allow applicants for new or
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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 ensure
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compliance with a support obligation. The purpose of this
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subsection is to promote the public policy of this state relating
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to child support as established in s. 409.2551. The department
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shall, when directed by the court or the Department of Revenue
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pursuant to s. 409.2598, suspend or deny the license of any
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licensee found not to be in compliance with a support order, a
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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, as
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defined in s. 409.2554. The department shall issue or reinstate
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the license without additional charge to the licensee when
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notified by the court or the Department of Revenue that the
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licensee has complied with the terms of the support court order.
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The department is shall not be held liable for any license denial
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or suspension resulting from the discharge of its duties under
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this subsection.
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Section 8. 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 9. 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 10. 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)(h) 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 11. Section 409.25645, Florida Statutes, is
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repealed.
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Section 12. This act shall take effect upon becoming a law.
CODING: Words stricken are deletions; words underlined are additions.