Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 2532

550944

CHAMBER ACTION

Senate

Comm: RS

4/1/2008

House

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

recommended the following amendment:

Senate Amendment (with title amendments)

Delete lines 1987 through 2728

and insert:

Section 21. Paragraph (a) of subsection (1), paragraphs (b),

(c), (d), and (f) of subsection (2), subsection (4), paragraphs

(a) and (c) of subsection (5), subsection (6), paragraphs (b),

(c), (d), and (e) of subsection (7), paragraphs (a) and (b) of

subsection (10), and subsections (13) and (17) of section

409.2563, Florida Statutes, are amended to read:

409.2563 Administrative establishment of child support

obligations.--

(1) DEFINITIONS.--As used in this section, the term:

(a) "Administrative support order" means a final order

rendered by or on behalf of the department pursuant to this

section establishing or modifying the obligation of a

noncustodial parent to contribute to the support and maintenance

of his or her child or children, which may include provisions for

monetary support, retroactive support, health care, and other

elements of support pursuant to chapter 61.

(2) PURPOSE AND SCOPE.--

(b) The administrative procedure set forth in this section

concerns only the establishment of child support obligations.

This section does not grant jurisdiction to the department or the

Division of Administrative Hearings to hear or determine issues

of dissolution of marriage, separation, alimony or spousal

support, termination of parental rights, dependency, disputed

paternity, except for a determination of paternity as provided in

s. 409.256, award of or change of time-sharing custody, or

visitation. This paragraph notwithstanding, the department and

the Division of Administrative Hearings may make findings of fact

that are necessary for a proper determination of a noncustodial

parent's support obligation as authorized by this section.

D case whose paternity has been established or is presumed by

law, or whose paternity is the subject of a proceeding under s.

409.256, the department may establish a the noncustodial parent's

child support obligation pursuant to this section, s. 61.30, and

other relevant provisions of state law. The noncustodial parent's

obligation determined by the department may include any

obligation to pay retroactive support and any obligation to

provide for health care for a child, whether through insurance

coverage, reimbursement of expenses, or both. The department may

proceed on behalf of:

1. An applicant or recipient of public assistance, as

provided by ss. 409.2561 and 409.2567;

2. A former recipient of public assistance, as provided by

s. 409.2569;

3. An individual who has applied for services as provided

by s. 409.2567;

4. Itself or the child, as provided by s. 409.2561; or

5. A state or local government of another state, as

provided by chapter 88.

(d) Either parent, or a caretaker relative if applicable,

may at any time file a civil action in a circuit court having

jurisdiction and proper venue to determine parental support

obligations the noncustodial parent's child support obligations,

if any. A support order issued by a circuit court prospectively

supersedes an administrative support order rendered by the

department.

(f) The department shall terminate the administrative

proceeding and file an action in circuit court to determine

support if within 20 days after receipt of the initial notice the

noncustodial parent from whom support is being sought requests in

writing that the department proceed in circuit court or states in

writing his or her the noncustodial parent's intention to address

issues concerning custody or rights to parental contact in court

and if within 10 days after receipt of the department's petition

and waiver of service the noncustodial parent from whom support

is being sought signs and returns the waiver of service form to

the department.

(4) NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE

SUPPORT ORDER.--To commence a proceeding under this section, the

department shall provide to the custodial parent from whom

support is not being sought and serve the noncustodial parent

from whom support is being sought with a notice of proceeding to

establish administrative support order and a blank financial

affidavit form. The notice must state:

(a) The names of both parents, the name of the caretaker

relative, if any, and the name and date of birth of the child or

children;

(b) That the department intends to establish an

administrative support order as defined in this section;

affidavit to the department within 20 days after receiving the

notice, as provided by paragraph (13)(a);

(d) That both parents, or parent and caretaker relative if

applicable, are required to furnish to the department information

regarding their identities and locations, as provided by

paragraph (13)(b);

(e) That both parents, or parent and caretaker relative if

applicable, are required to promptly notify the department of any

change in their mailing addresses to ensure receipt of all

subsequent pleadings, notices, and orders, as provided by

paragraph (13)(c);

(f) That the department will calculate support obligations

based on the child support guidelines schedule in s. 61.30 and

100

using all available information, as provided by paragraph (5)(a),

101

and will incorporate such obligations into a proposed

102

administrative support order;

103

(g) That the department will send by regular mail to both

104

parents, or parent and caretaker relative if applicable, a copy

105

of the proposed administrative support order, the department's

106

child support worksheet, and any financial affidavits submitted

107

by a parent or prepared by the department;

108

(h) That the noncustodial parent from whom support is being

109

sought may file a request for a hearing in writing within 20 days

110

after the date of mailing or other service of the proposed

111

administrative support order or will be deemed to have waived the

112

right to request a hearing;

113

(i) That if the noncustodial parent from whom support is

114

being sought does not file a timely request for hearing after

115

service of the proposed administrative support order, the

116

department will issue an administrative support order that

117

incorporates the findings of the proposed administrative support

118

order, and will send by regular mail a copy of the administrative

119

support order to both parents, or parent and caretaker relative

120

if applicable;

121

(j) That after an administrative support order is rendered,

122

the department will file a copy of the order with the clerk of

123

the circuit court;

124

(k) That after an administrative support order is rendered,

125

the department may enforce the administrative support order by

126

any lawful means;

127

(l) That either parent, or caretaker relative if

128

applicable, may file at any time a civil action in a circuit

129

court having jurisdiction and proper venue to determine parental

130

support obligations the noncustodial parent's child support

131

obligations, if any, and that a support order issued by a circuit

132

court supersedes an administrative support order rendered by the

133

department;

134

(m) That, neither the department nor the Division of

135

Administrative Hearings has jurisdiction to award or change child

136

custody or rights of parental contact or time-sharing and these

137

issues may only be addressed in circuit court.

138

1. The parent from whom support is being sought

139

noncustodial parent may request in writing that the department

140

proceed in circuit court to determine his or her support

141

obligations.

142

2. The parent from whom support is being sought

143

noncustodial parent may state in writing to the department his or

144

her intention to address issues concerning custody or rights to

145

parental contact in circuit court.

146

3. If the parent from whom support is being sought

147

noncustodial parent submits the request authorized in

148

subparagraph 1., or the statement authorized in subparagraph 2.

149

to the department within 20 days after the receipt of the initial

150

notice, the department shall file a petition in circuit court for

151

the determination of the noncustodial parent's child support

152

obligations, and shall send to the parent from whom support is

153

being sought noncustodial parent a copy of its petition, a notice

154

of commencement of action, and a request for waiver of service of

155

process as provided in the Florida Rules of Civil Procedure.

156

4. If, within 10 days after receipt of the department's

157

petition and waiver of service, the parent from whom support is

158

being sought noncustodial parent signs and returns the waiver of

159

service form to the department, the department shall terminate

160

the administrative proceeding without prejudice and proceed in

161

circuit court.

162

5. In any circuit court action filed by the department

163

pursuant to this paragraph or filed by a parent from whom support

164

is being sought noncustodial parent or other person pursuant to

165

paragraph (l) or paragraph (n), the department shall be a party

166

only with respect to those issues of support allowed and

167

reimbursable under Title IV-D of the Social Security Act. It is

168

the responsibility of the parent from whom support is being

169

sought noncustodial parent or other person to take the necessary

170

steps to present other issues for the court to consider.

171

(n) That if the parent from whom support is being sought

172

noncustodial parent files an action in circuit court and serves

173

the department with a copy of the petition within 20 days after

174

being served notice under this subsection, the administrative

175

process ends without prejudice and the action must proceed in

176

circuit court;

177

(o) Information provided by the Office of State Courts

178

Administrator concerning the availability and location of self-

179

help programs for those who wish to file an action in circuit

180

court but who cannot afford an attorney.

181

182

The department may serve the notice of proceeding to establish

183

administrative support order by certified mail, restricted

184

delivery, return receipt requested. Alternatively, the department

185

may serve the notice by any means permitted for service of

186

process in a civil action. For purposes of this section, an

187

authorized employee of the department may serve the notice and

188

execute an affidavit of service. Service by certified mail is

189

completed when the certified mail is received or refused by the

190

addressee or by an authorized agent as designated by the

191

addressee in writing. If a person other than the addressee signs

192

the return receipt, the department shall attempt to reach the

193

addressee by telephone to confirm whether the notice was

194

received, and the department shall document any telephonic

195

communications. If someone other than the addressee signs the

196

return receipt, the addressee does not respond to the notice, and

197

the department is unable to confirm that the addressee has

198

received the notice, service is not completed and the department

199

shall attempt to have the addressee served personally. The

200

department shall provide the custodial parent from whom support

201

is not being sought or caretaker relative with a copy of the

202

notice by regular mail to the last known address of the custodial

203

parent from whom support is not being sought or caretaker.

204

(5) PROPOSED ADMINISTRATIVE SUPPORT ORDER.--

205

(a) After serving notice upon a the noncustodial parent in

206

accordance with subsection (4), the department shall calculate

207

that the noncustodial parent's child support obligation under the

208

child support guidelines schedule as provided by s. 61.30, based

209

on any timely financial affidavits received and other information

210

available to the department. If either parent fails to comply

211

with the requirement to furnish a financial affidavit, the

212

department may proceed on the basis of information available from

213

any source, if such information is sufficiently reliable and

214

detailed to allow calculation of guideline schedule amounts under

215

s. 61.30. If a the custodial parent receives public assistance

216

and fails to submit a financial affidavit, the department may

217

submit a financial affidavit for that the custodial parent

218

pursuant to s. 61.30(15). If there is a lack of sufficient

219

reliable information concerning a parent's actual earnings for a

220

current or past period, it shall be presumed for the purpose of

221

establishing a support obligation that the parent had an earning

222

capacity equal to the federal minimum wage during the applicable

223

period.

224

225

the proposed administrative support order, which notice must

226

inform the noncustodial parent that:

227

1. The noncustodial parent from whom support is being

228

sought may, within 20 days after the date of mailing or other

229

service of the proposed administrative support order, request a

230

hearing by filing a written request for hearing in a form and

231

manner specified by the department;

232

2. If the noncustodial parent from whom support is being

233

sought files a timely request for a hearing, the case shall be

234

transferred to the Division of Administrative Hearings, which

235

shall conduct further proceedings and may enter an administrative

236

support order;

237

3. A noncustodial parent from whom support is being sought

238

who fails to file a timely request for a hearing shall be deemed

239

to have waived the right to a hearing, and the department may

240

render an administrative support order pursuant to paragraph

241

(7)(b);

242

4. The noncustodial parent from whom support is being

243

sought may consent in writing to entry of an administrative

244

support order without a hearing;

245

5. The noncustodial parent from whom support is being

246

sought may, within 10 days after the date of mailing or other

247

service of the proposed administrative support order, contact a

248

department representative, at the address or telephone number

249

specified in the notice, to informally discuss the proposed

250

administrative support order and, if informal discussions are

251

requested timely, the time for requesting a hearing will be

252

extended until 10 days after the department notifies the

253

noncustodial parent that the informal discussions have been

254

concluded; and

255

6. If an administrative support order that establishes a

256

noncustodial parent's support obligation is rendered, whether

257

after a hearing or without a hearing, the department may enforce

258

the administrative support order by any lawful means.

259

(6) HEARING.--If the noncustodial parent from whom support

260

is being sought files a timely request for hearing, the

261

department shall refer the hearing request to the Division of

262

Administrative Hearings. Unless otherwise provided by this

263

section, chapter 120 and the Uniform Rules of Procedure shall

264

govern the conduct of the proceedings. The administrative law

265

judge shall consider all available and admissible information and

266

any presumptions that apply as provided by paragraph (5)(a).

267

(7) ADMINISTRATIVE SUPPORT ORDER.--

268

(b) If the noncustodial parent from whom support is being

269

sought does not file a timely request for a hearing, the

270

noncustodial parent will be deemed to have waived the right to

271

request a hearing.

272

273

sought waives the right to a hearing, or consents in writing to

274

the entry of an order without a hearing, the department may

275

render an administrative support order.

276

(d) The department shall send by regular mail a copy of the

277

administrative support order, or the final order denying an

278

administrative support order, to both parents, or a parent and

279

caretaker relative if applicable. The noncustodial parent from

280

whom support is being sought shall be notified of the right to

281

seek judicial review of the administrative support order in

282

accordance with s. 120.68.

283

(e) An administrative support order must comply with s.

284

61.30. The department shall develop a standard form or forms for

285

administrative support orders. An administrative support order

286

must provide and state findings, if applicable, concerning:

287

1. The full name and date of birth of the child or

288

children;

289

2. The name of the noncustodial parent from whom support is

290

being sought and the custodial parent or caretaker relative;

291

3. The noncustodial parent's duty and ability to provide

292

support;

293

4. The amount of the noncustodial parent's monthly support

294

obligation;

295

5. Any obligation to pay retroactive support;

296

6. The noncustodial parent's obligation to provide for the

297

health care needs of each child, whether through insurance

298

coverage, contribution towards the cost of insurance coverage,

299

payment or reimbursement of health care expenses for the child,

300

or any combination thereof;

301

7. The beginning date of any required monthly payments and

302

health care coverage;

303

8. That all support payments ordered must be paid to the

304

Florida State Disbursement Unit as provided by s. 61.1824;

305

9. That the parents, or caretaker relative if applicable,

306

must file with the department when the administrative support

307

order is rendered, if they have not already done so, and update

308

as appropriate the information required pursuant to paragraph

309

(13)(b);

310

10. That both parents, or parent and caretaker relative if

311

applicable, are required to promptly notify the department of any

312

change in their mailing addresses pursuant to paragraph (13)(c);

313

and

314

11. That if the noncustodial parent ordered to pay support

315

receives unemployment compensation benefits, the payor shall

316

withhold, and transmit to the department, 40 percent of the

317

benefits for payment of support, not to exceed the amount owed.

318

319

An income deduction order as provided by s. 61.1301 must be

320

incorporated into the administrative support order or, if not

321

incorporated into the administrative support order, the

322

department or the Division of Administrative Hearings shall

323

render a separate income deduction order.

324

(10) JUDICIAL REVIEW, ENFORCEMENT, OR COURT ORDER

325

SUPERSEDING ADMINISTRATIVE SUPPORT ORDER.--

326

(a) The obligor A noncustodial parent has the right to seek

327

judicial review of an administrative support order or a final

328

order denying an administrative support order in accordance with

329

s. 120.68. The department has the right to seek judicial review,

330

in accordance with s. 120.68, of an administrative support order

331

or a final order denying an administrative support order entered

332

by an administrative law judge of the Division of Administrative

333

Hearings.

334

(b) An administrative support order rendered under this

335

section has the same force and effect as a court order and may be

336

enforced by any circuit court in the same manner as a support

337

order issued by the court, except for contempt. If the circuit

338

court issues its own order enforcing the administrative support

339

order, the circuit court may enforce its own order by contempt.

340

The presumption of ability to pay and purge contempt established

341

in s. 61.14(5)(a) applies to an administrative support order that

342

includes a finding of present ability to pay. Enforcement by the

343

court, without any change by the court in the support obligations

344

established in the administrative support order, does not

345

supersede the administrative support order or affect the

346

department's authority to modify the administrative support order

347

as provided by subsection (12). An order by the court that

348

requires a the noncustodial parent to make periodic payments on

349

arrearages does not constitute a change in the support

350

obligations established in the administrative support order and

351

does not supersede the administrative order.

352

(13) REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT TO

353

ADDRESS OF RECORD.--In all proceedings pursuant to this section:

354

(a) Each The noncustodial parent and custodial parent must

355

execute and furnish to the department, no later than 20 days

356

after receipt of the notice of proceeding to establish

357

administrative support order, a financial affidavit in the form

358

prescribed by the department. An updated financial affidavit must

359

be executed and furnished to the department at the inception of

360

each proceeding to modify an administrative support order.

361

Caretaker relatives are not required to furnish financial

362

affidavits.

363

(b) Each The noncustodial parent, custodial parent, and

364

caretaker relative if applicable, shall disclose to the

365

department, no later than 20 days after receipt of the notice of

366

proceeding to establish administrative support order, and update

367

as appropriate, information regarding his or her their identity

368

and location, including names he or she is they are known by;

369

social security number numbers; residential and mailing

370

addresses; telephone numbers; driver's license numbers; and

371

names, addresses, and telephone numbers of employers. Pursuant to

372

the federal Personal Responsibility and Work Opportunity

373

Reconciliation Act of 1996, each person must provide his or her

374

social security number in accordance with this section.

375

Disclosure of social security numbers obtained through this

376

requirement shall be limited to the purpose of administration of

377

the Title IV-D program for child support enforcement.

378

379

caretaker relative, if applicable, have a continuing obligation

380

to promptly inform the department in writing of any change in his

381

or her their mailing address addresses to ensure receipt of all

382

subsequent pleadings, notices, payments, statements, and orders,

383

and receipt is presumed if sent by regular mail to the most

384

recent address furnished by the person.

385

(17) EVALUATION.--The Office of Program Policy Analysis and

386

Government Accountability shall conduct an evaluation of the

387

statewide implementation of the administrative process for

388

establishing child support provided for in this section. This

389

evaluation shall examine whether these processes have been

390

effectively implemented and administered statewide and are

391

operating to the benefit of the children, including, but not

392

limited to the ability of Title IV-D parents to easily access the

393

court system for necessary court action. The Office of Program

394

Policy Analysis and Government Accountability shall submit an

395

evaluation report on the statewide implementation of the

396

administrative processes for establishing child support by June

397

30, 2006.

398

Section 22. Subsections (1), (4), and (11) of section

399

409.2564, Florida Statutes, are amended to read:

400

409.2564 Actions for support.--

401

(1) In each case in which regular support payments are not

402

being made as provided herein, the department shall institute,

403

within 30 days after determination of the obligor's reasonable

404

ability to pay, action as is necessary to secure the obligor's

405

payment of current support and any arrearage which may have

406

accrued under an existing order of support. The department shall

407

notify the program attorney in the judicial circuit in which the

408

recipient resides setting forth the facts in the case, including

409

the obligor's address, if known, and the public assistance case

410

number. Whenever applicable, the procedures established under the

411

provisions of chapter 88, Uniform Interstate Family Support Act,

412

chapter 61, Dissolution of Marriage; Support; Time-sharing

413

Custody, chapter 39, Proceedings Relating to Children, chapter

414

984, Children and Families in Need of Services, and chapter 985,

415

Delinquency; Interstate Compact on Juveniles, may govern actions

416

instituted under the provisions of this act, except that actions

417

for support under chapter 39, chapter 984, or chapter 985 brought

418

pursuant to this act shall not require any additional

419

investigation or supervision by the department.

420

(4) Whenever the Department of Revenue has undertaken an

421

action for enforcement of support, the Department of Revenue may

422

enter into an agreement with the obligor for the entry of a

423

judgment determining paternity, if applicable, and for periodic

424

child support payments based on the child support guidelines

425

schedule in s. 61.30. Prior to entering into this agreement, the

426

obligor shall be informed that a judgment will be entered based

427

on the agreement. The clerk of the court shall file the agreement

428

without the payment of any fees or charges, and the court, upon

429

entry of the judgment, shall forward a copy of the judgment to

430

the parties to the action. To encourage out-of-court settlement

431

and promote support order compliance, if the obligor and the

432

Department of Revenue agree on entry of a support order and its

433

terms, the guideline amount owed for retroactive support that is

434

permanently assigned to the state shall be reduced by 25 percent.

435

(11) The Title IV-D agency shall review child support

436

orders in IV-D cases at least every 3 years upon request by

437

either party, or the agency in cases where there is an assignment

438

of support to the state under s. 414.095(7), and may seek

439

adjustment of the order if appropriate under the guidelines

440

schedule established in s. 61.30. Not less than once every 3

441

years the IV-D agency shall provide notice to the parties subject

442

to the order informing them of their right to request a review

443

and, if appropriate, an adjustment of the child support order.

444

Said notice requirement may be met by including appropriate

445

language in the initial support order or any subsequent orders.

446

Section 23. Paragraph (a) of subsection (2) of section

447

409.25657, Florida Statutes, is amended to read:

448

409.25657 Requirements for financial institutions.--

449

(2) The department shall develop procedures to enter into

450

agreements with financial institutions doing business in the

451

state, in coordination with such financial institutions and with

452

the Federal Parent Locator Service in the case of financial

453

institutions doing business in two or more states, to develop and

454

operate a data match system, using automated data exchanges to

455

the maximum extent feasible, in which each financial institution

456

is required to provide for each calendar quarter the name, record

457

address, social security number or other taxpayer identification

458

number, average daily account balance, and other identifying

459

information for:

460

(a) Each noncustodial parent who maintains an account at

461

such institution and who owes past due support, as identified by

462

the department by name and social security number or other

463

taxpayer identification number; or

464

Section 24. Subsections (2) and (5) of section 409.25659,

465

Florida Statutes, are amended to read:

466

409.25659 Insurance claim data exchange.--

467

(2) The department shall develop and operate a data match

468

system after consultation with one or more insurers, using

469

automated data exchanges to the maximum extent feasible, in which

470

an insurer may voluntarily provide the department monthly with

471

the name, address, and, if known, date of birth and social

472

security number or other taxpayer identification number for each

473

noncustodial parent who has a claim with the insurer and who owes

474

past due support, and the claim number maintained by the insurer

475

for each claim. An insurer may provide such data by:

476

(a) Authorizing an insurance claim data collection

477

organization, to which the insurer subscribes and to which the

478

insurer submits the required claim data on at least a monthly

479

basis, to:

480

1. Receive or access a data file from the department and

481

conduct a data match of all noncustodial parents who have a claim

482

with the insurer and who owe past due support and submit the

483

required data for each such noncustodial parent to the

484

department; or

485

2. Submit a data file to the department which contains the

486

required data for each claim being maintained by the insurer for

487

the department to conduct a data match;

488

(b) Providing the required data for each claim being

489

maintained by the insurer directly to the department in an

490

electronic medium; or

491

492

and conducting a data match of all noncustodial parents who have

493

a claim with the insurer and who owe past due support and

494

submitting the required data for each such noncustodial parent to

495

the department.

496

(5) The department and insurers may only use the data

497

obtained pursuant to subsection (2) for the purpose of

498

identifying noncustodial parents who owe past due support. If the

499

department does not match such data with a noncustodial parent

500

who owes past due support, such data shall be destroyed

501

immediately and shall not be maintained by the department.

502

Section 25. Section 409.2577, Florida Statutes, is amended

503

to read:

504

409.2577 Parent locator service.--The department shall

505

establish a parent locator service to assist in locating parents

506

who have deserted their children and other persons liable for

507

support of dependent children. The department shall use all

508

sources of information available, including the Federal Parent

509

Locator Service, and may request and shall receive information

510

from the records of any person or the state or any of its

511

political subdivisions or any officer thereof. Any agency as

512

defined in s. 120.52, any political subdivision, and any other

513

person shall, upon request, provide the department any

514

information relating to location, salary, insurance, social

515

security, income tax, and employment history necessary to locate

516

parents who owe or potentially owe a duty of support pursuant to

517

Title IV-D of the Social Security Act. This provision shall

518

expressly take precedence over any other statutory nondisclosure

519

provision which limits the ability of an agency to disclose such

520

information, except that law enforcement information as provided

521

in s. 119.071(4)(d) is not required to be disclosed, and except

522

that confidential taxpayer information possessed by the

523

Department of Revenue shall be disclosed only to the extent

524

authorized in s. 213.053(16). Nothing in this section requires

525

the disclosure of information if such disclosure is prohibited by

526

federal law. Information gathered or used by the parent locator

527

service is confidential and exempt from the provisions of s.

528

119.07(1). Additionally, the department is authorized to collect

529

any additional information directly bearing on the identity and

530

whereabouts of a person owing or asserted to be owing an

531

obligation of support for a dependent child. The department

532

shall, upon request, make information available only to public

533

officials and agencies of this state; political subdivisions of

534

this state, including any agency thereof providing child support

535

enforcement services to non-Title IV-D clients; the custodial

536

parent owed support, legal guardian, attorney, or agent of the

537

child; and other states seeking to locate parents who have

538

deserted their children and other persons liable for support of

539

dependents, for the sole purpose of establishing, modifying, or

540

enforcing their liability for support, and shall make such

541

information available to the Department of Children and Family

542

Services for the purpose of diligent search activities pursuant

543

to chapter 39. If the department has reasonable evidence of

544

domestic violence or child abuse and the disclosure of

545

information could be harmful to the custodial parent owed support

546

or the child of such parent, the child support program director

547

or designee shall notify the Department of Children and Family

548

Services and the Secretary of the United States Department of

549

Health and Human Services of this evidence. Such evidence is

550

sufficient grounds for the department to disapprove an

551

application for location services.

552

Section 26. Paragraph (e) of subsection (1) of section

553

409.2579, Florida Statutes, is amended to read:

554

409.2579 Safeguarding Title IV-D case file information.--

555

(1) Information concerning applicants for or recipients of

556

Title IV-D child support services is confidential and exempt from

557

the provisions of s. 119.07(1). The use or disclosure of such

558

information by the IV-D program is limited to purposes directly

559

connected with:

560

(e) Mandatory disclosure of identifying and location

561

information as provided in s. 61.13(7)(8) by the IV-D program

562

when providing Title IV-D services.

563

Section 27. Subsection (11) of section 409.811, Florida

564

Statutes, is amended to read:

565

409.811 Definitions relating to Florida Kidcare Act.--As

566

used in ss. 409.810-409.820, the term:

567

(11) "Family" means the group or the individuals whose

568

income is considered in determining eligibility for the Florida

569

Kidcare program. The family includes a child with a custodial

570

parent or caretaker relative who resides in the same house or

571

living unit or, in the case of a child whose disability of nonage

572

has been removed under chapter 743, the child. The family may

573

also include other individuals whose income and resources are

574

considered in whole or in part in determining eligibility of the

575

child.

576

Section 28. Subsection (5) of section 414.0252, Florida

577

Statutes, is amended to read:

578

414.0252 Definitions.--As used in ss. 414.025-414.55, the

579

term:

580

(5) "Family" means the assistance group or the individuals

581

whose needs, resources, and income are considered when

582

determining eligibility for temporary assistance. The family for

583

purposes of temporary assistance includes the minor child, a

584

custodial parent, or caretaker relative who resides in the same

585

house or living unit. The family may also include individuals

586

whose income and resources are considered in whole or in part in

587

determining eligibility for temporary assistance but whose needs,

588

due to federal or state restrictions, are not considered. These

589

individuals include, but are not limited to, ineligible

590

noncitizens or sanctioned individuals.

591

Section 29. Paragraph (a) of subsection (4) and subsection

592

(5) of section 414.065, Florida Statutes, are amended to read:

593

414.065 Noncompliance with work requirements.--

594

(4) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--Unless

595

otherwise provided, the situations listed in this subsection

596

shall constitute exceptions to the penalties for noncompliance

597

with participation requirements, except that these situations do

598

not constitute exceptions to the applicable time limit for

599

receipt of temporary cash assistance:

600

(a) Noncompliance related to child care.--Temporary cash

601

assistance may not be terminated for refusal to participate in

602

work activities if the individual is a single custodial parent

603

caring for a child who has not attained 6 years of age, and the

604

adult proves to the regional workforce board an inability to

605

obtain needed child care for one or more of the following

606

reasons, as defined in the Child Care and Development Fund State

607

Plan required by 45 C.F.R. part 98:

608

1. Unavailability of appropriate child care within a

609

reasonable distance from the individual's home or worksite.

610

2. Unavailability or unsuitability of informal child care

611

by a relative or under other arrangements.

612

3. Unavailability of appropriate and affordable formal

613

child care arrangements.

614

(5) WORK ACTIVITY REQUIREMENTS FOR NONCUSTODIAL PARENTS.--

615

(a) The court may order a noncustodial parent who is

616

delinquent in support payments, pursuant to the terms of a

617

support order, to participate in work activities under this

618

chapter, or as provided in s. 61.14(5)(b), so that the parent may

619

obtain employment and fulfill the obligation to provide support

620

payments. A noncustodial parent who fails to satisfactorily

621

engage in court-ordered work activities may be held in contempt.

622

(b) The court may order a noncustodial parent to

623

participate in work activities under this chapter if the child of

624

the noncustodial parent has been placed with a relative, in an

625

emergency shelter, in foster care, or in other substitute care,

626

and:

627

1. The case plan requires the noncustodial parent to

628

participate in work activities; or

629

2. The noncustodial parent would be eligible to participate

630

in work activities and subject to work activity requirements if

631

the child were living with the parent.

632

633

If a noncustodial parent fails to comply with the case plan, the

634

noncustodial parent may be removed from program participation.

635

Section 30. Paragraph (c) of subsection (1) of section

636

414.085, Florida Statutes, is amended to read:

637

414.085 Income eligibility standards.--

638

(1) For purposes of program simplification and effective

639

program management, certain income definitions, as outlined in

640

the food stamp regulations at 7 C.F.R. s. 273.9, shall be applied

641

to the temporary cash assistance program as determined by the

642

department to be consistent with federal law regarding temporary

643

cash assistance and Medicaid for needy families, except as to the

644

following:

645

646

parent receiving temporary cash assistance may not be disregarded

647

in calculating the amount of temporary cash assistance for the

648

family, unless such exclusion is required by federal law.

649

Section 31. Subsection (2) and paragraph (a) of subsection

650

(6) of section 414.095, Florida Statutes, are amended to read:

651

414.095 Determining eligibility for temporary cash

652

assistance.--

653

(2) ADDITIONAL ELIGIBILITY REQUIREMENTS.--

654

(a) To be eligible for services or temporary cash

655

assistance and Medicaid:

656

1. An applicant must be a United States citizen, or a

657

qualified noncitizen, as defined in this section.

658

2. An applicant must be a legal resident of the state.

659

3. Each member of a family must provide to the department

660

the member's social security number or shall provide proof of

661

application for a social security number. An individual who fails

662

to provide a social security number, or proof of application for

663

a social security number, is not eligible to participate in the

664

program.

665

4. A minor child must reside with a custodial parent or

666

parents, with a relative caretaker who is within the specified

667

degree of blood relationship as defined by 45 C.F.R. part 233,

668

or, if the minor is a teen parent with a child, in a setting

669

approved by the department as provided in subsection (14).

670

5. Each family must have a minor child and meet the income

671

and resource requirements of the program. All minor children who

672

live in the family, as well as the parents of the minor children,

673

shall be included in the eligibility determination unless

674

specifically excluded.

675

(b) The following members of a family are eligible to

676

participate in the program if all eligibility requirements are

677

met:

678

1. A minor child who resides with a custodial parent or

679

other adult caretaker relative.

680

2. The parent of a minor child with whom the child resides.

681

3. The caretaker relative with whom the minor child resides

682

who chooses to have her or his needs and income included in the

683

family.

684

4. Unwed minor children and their children if the unwed

685

minor child lives at home or in an adult-supervised setting and

686

if temporary cash assistance is paid to an alternative payee.

687

5. A pregnant woman.

688

(6) CHILD SUPPORT ENFORCEMENT.--As a condition of

689

eligibility for public assistance, the family must cooperate with

690

the state agency responsible for administering the child support

691

enforcement program in establishing the paternity of the child,

692

if the child is born out of wedlock, and in obtaining support for

693

the child or for the parent or caretaker relative and the child.

694

Cooperation is defined as:

695

(a) Assisting in identifying and locating a noncustodial

696

parent who does not live in the same home as the child and

697

providing complete and accurate information on that parent;

698

699

This subsection does not apply if the state agency that

700

administers the child support enforcement program determines that

701

the parent or caretaker relative has good cause for failing to

702

cooperate.

703

Section 32. Subsection (1) of section 414.295, Florida

704

Statutes, is amended to read:

705

414.295 Temporary cash assistance programs; public records

706

exemption.--

707

(1) Personal identifying information of a temporary cash

708

assistance program participant, a participant's family, or a

709

participant's family or household member, except for information

710

identifying a noncustodial parent who does not live in the same

711

home as the child, held by the department, the Agency for

712

Workforce Innovation, Workforce Florida, Inc., the Department of

713

Health, the Department of Revenue, the Department of Education,

714

or a regional workforce board or local committee created pursuant

715

to s. 445.007 is confidential and exempt from s. 119.07(1) and s.

716

24(a), Art. I of the State Constitution. Such confidential and

717

exempt information may be released for purposes directly

718

connected with:

719

(a) The administration of the temporary assistance for

720

needy families plan under Title IV-A of the Social Security Act,

721

as amended, by the department, the Agency for Workforce

722

Innovation, Workforce Florida, Inc., the Department of Military

723

Affairs, the Department of Health, the Department of Revenue, the

724

Department of Education, a regional workforce board or local

725

committee created pursuant to s. 445.007, or a school district.

726

(b) The administration of the state's plan or program

727

approved under Title IV-B, Title IV-D, or Title IV-E of the

728

Social Security Act, as amended, or under Title I, Title X, Title

729

XIV, Title XVI, Title XIX, Title XX, or Title XXI of the Social

730

Security Act, as amended.

731

732

or administrative proceeding conducted in connection with the

733

administration of any of the plans or programs specified in

734

paragraph (a) or paragraph (b) by a federal, state, or local

735

governmental entity, upon request by that entity, when such

736

request is made pursuant to the proper exercise of that entity's

737

duties and responsibilities.

738

(d) The administration of any other state, federal, or

739

federally assisted program that provides assistance or services

740

on the basis of need, in cash or in kind, directly to a

741

participant.

742

(e) Any audit or similar activity, such as a review of

743

expenditure reports or financial review, conducted in connection

744

with the administration of any of the plans or programs specified

745

in paragraph (a) or paragraph (b) by a governmental entity

746

authorized by law to conduct such audit or activity.

747

(f) The administration of the unemployment compensation

748

program.

749

(g) The reporting to the appropriate agency or official of

750

information about known or suspected instances of physical or

751

mental injury, sexual abuse or exploitation, or negligent

752

treatment or maltreatment of a child or elderly person receiving

753

assistance, if circumstances indicate that the health or welfare

754

of the child or elderly person is threatened.

755

(h) The administration of services to elderly persons under

756

ss. 430.601-430.606.

757

758

759

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

760

And the title is amended as follows:

761

762

Delete lines 37 through 46

763

and insert:

764

765

amending s. 409.2563, F.S.; conforming provisions to

766

changes in terminology; revising provisions relating to

767

presumption of a parent's income for the purpose of

768

establishing a support obligation; deleting an obsolete

769

provision concerning a study by the Office of Program

770

Policy Analysis and Government Accountability; amending

771

ss. 409.2564, 409.25657, 409.25659, and 409.2577, F.S.;

772

conforming provisions to changes in terminology; amending

773

s. 409.2579, F.S.; conforming a cross-reference; amending

774

ss. 409.811, 414.0252, 414.065, 414.085, 414.095, 414.295,

3/25/2008 4:09:00 PM 7-05741-08

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