Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 2532

642292

CHAMBER ACTION

Senate

Comm: RCS

4/1/2008

House

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

recommended the following substitute for amendment (550944):

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 time-sharing 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

100

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

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

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and will incorporate such obligations into a proposed

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administrative support order;

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

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

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of the proposed administrative support order, the department's

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child support worksheet, and any financial affidavits submitted

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by a parent or prepared by the department;

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

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

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after the date of mailing or other service of the proposed

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administrative support order or will be deemed to have waived the

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right to request a hearing;

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

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being sought does not file a timely request for hearing after

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service of the proposed administrative support order, the

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department will issue an administrative support order that

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incorporates the findings of the proposed administrative support

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

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support order to both parents, or parent and caretaker relative

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if applicable;

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

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

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the circuit court;

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

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the department may enforce the administrative support order by

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any lawful means;

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(l) That either parent, or caretaker relative if

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

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court having jurisdiction and proper venue to determine parental

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support obligations the noncustodial parent's child support

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

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court supersedes an administrative support order rendered by the

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department;

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

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Administrative Hearings has jurisdiction to award or change child

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

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issues may only be addressed in circuit court.

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1. The parent from whom support is being sought

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noncustodial parent may request in writing that the department

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proceed in circuit court to determine his or her support

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obligations.

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2. The parent from whom support is being sought

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noncustodial parent may state in writing to the department his or

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her intention to address issues concerning custody or rights to

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parental contact in circuit court.

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3. If the parent from whom support is being sought

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noncustodial parent submits the request authorized in

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

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

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

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the determination of the noncustodial parent's child support

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

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

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

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process as provided in the Florida Rules of Civil Procedure.

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

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

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being sought noncustodial parent signs and returns the waiver of

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service form to the department, the department shall terminate

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the administrative proceeding without prejudice and proceed in

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circuit court.

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5. In any circuit court action filed by the department

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

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is being sought noncustodial parent or other person pursuant to

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

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only with respect to those issues of support allowed and

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

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the responsibility of the parent from whom support is being

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sought noncustodial parent or other person to take the necessary

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steps to present other issues for the court to consider.

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

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noncustodial parent files an action in circuit court and serves

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

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being served notice under this subsection, the administrative

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process ends without prejudice and the action must proceed in

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circuit court;

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(o) Information provided by the Office of State Courts

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Administrator concerning the availability and location of self-

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

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court but who cannot afford an attorney.

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The department may serve the notice of proceeding to establish

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administrative support order by certified mail, restricted

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delivery, return receipt requested. Alternatively, the department

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may serve the notice by any means permitted for service of

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

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authorized employee of the department may serve the notice and

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execute an affidavit of service. Service by certified mail is

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completed when the certified mail is received or refused by the

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addressee or by an authorized agent as designated by the

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

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the return receipt, the department shall attempt to reach the

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addressee by telephone to confirm whether the notice was

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received, and the department shall document any telephonic

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communications. If someone other than the addressee signs the

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

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the department is unable to confirm that the addressee has

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received the notice, service is not completed and the department

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shall attempt to have the addressee served personally. The

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department shall provide the custodial parent from whom support

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

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

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parent from whom support is not being sought or caretaker.

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(5) PROPOSED ADMINISTRATIVE SUPPORT ORDER.--

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

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accordance with subsection (4), the department shall calculate

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that the noncustodial parent's child support obligation under the

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

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on any timely financial affidavits received and other information

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available to the department. If either parent fails to comply

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with the requirement to furnish a financial affidavit, the

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department may proceed on the basis of information available from

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any source, if such information is sufficiently reliable and

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detailed to allow calculation of guideline schedule amounts under

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

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and fails to submit a financial affidavit, the department may

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submit a financial affidavit for that the custodial parent

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

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reliable information concerning a parent's actual earnings for a

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

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establishing a support obligation that the parent had an earning

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capacity equal to the federal minimum wage during the applicable

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period.

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the proposed administrative support order, which notice must

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inform the noncustodial parent that:

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1. The noncustodial parent from whom support is being

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

230

service of the proposed administrative support order, request a

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

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manner specified by the department;

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2. If the noncustodial parent from whom support is being

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

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transferred to the Division of Administrative Hearings, which

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shall conduct further proceedings and may enter an administrative

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support order;

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3. A noncustodial parent from whom support is being sought

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

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

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render an administrative support order pursuant to paragraph

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(7)(b);

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4. The noncustodial parent from whom support is being

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sought may consent in writing to entry of an administrative

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support order without a hearing;

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5. The noncustodial parent from whom support is being

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

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service of the proposed administrative support order, contact a

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department representative, at the address or telephone number

250

specified in the notice, to informally discuss the proposed

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administrative support order and, if informal discussions are

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requested timely, the time for requesting a hearing will be

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extended until 10 days after the department notifies the

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noncustodial parent that the informal discussions have been

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concluded; and

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6. If an administrative support order that establishes a

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noncustodial parent's support obligation is rendered, whether

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

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the administrative support order by any lawful means.

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

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is being sought files a timely request for hearing, the

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department shall refer the hearing request to the Division of

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Administrative Hearings. Unless otherwise provided by this

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section, chapter 120 and the Uniform Rules of Procedure shall

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govern the conduct of the proceedings. The administrative law

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judge shall consider all available and admissible information and

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

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(7) ADMINISTRATIVE SUPPORT ORDER.--

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

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

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noncustodial parent will be deemed to have waived the right to

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request a hearing.

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

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

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render an administrative support order.

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

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administrative support order, or the final order denying an

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

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caretaker relative if applicable. The noncustodial parent from

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

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seek judicial review of the administrative support order in

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accordance with s. 120.68.

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

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

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administrative support orders. An administrative support order

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must provide and state findings, if applicable, concerning:

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

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children;

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

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being sought and the custodial other parent or caretaker

292

relative;

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

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support;

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

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obligation;

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5. Any obligation to pay retroactive support;

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

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health care needs of each child, whether through insurance

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coverage, contribution towards the cost of insurance coverage,

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payment or reimbursement of health care expenses for the child,

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or any combination thereof;

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7. The beginning date of any required monthly payments and

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health care coverage;

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

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Florida State Disbursement Unit as provided by s. 61.1824;

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

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must file with the department when the administrative support

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

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as appropriate the information required pursuant to paragraph

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(13)(b);

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

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applicable, are required to promptly notify the department of any

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

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and

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11. That if the noncustodial parent ordered to pay support

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receives unemployment compensation benefits, the payor shall

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

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

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

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incorporated into the administrative support order or, if not

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incorporated into the administrative support order, the

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department or the Division of Administrative Hearings shall

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render a separate income deduction order.

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(10) JUDICIAL REVIEW, ENFORCEMENT, OR COURT ORDER

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SUPERSEDING ADMINISTRATIVE SUPPORT ORDER.--

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

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judicial review of an administrative support order or a final

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order denying an administrative support order in accordance with

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

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

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or a final order denying an administrative support order entered

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by an administrative law judge of the Division of Administrative

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Hearings.

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(b) An administrative support order rendered under this

337

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

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

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

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court issues its own order enforcing the administrative support

341

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

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The presumption of ability to pay and purge contempt established

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

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

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

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established in the administrative support order, does not

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supersede the administrative support order or affect the

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department's authority to modify the administrative support order

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

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requires a the noncustodial parent to make periodic payments on

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arrearages does not constitute a change in the support

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obligations established in the administrative support order and

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does not supersede the administrative order.

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(13) REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT TO

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

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(a) Each The noncustodial parent and custodial parent must

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

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after receipt of the notice of proceeding to establish

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administrative support order, a financial affidavit in the form

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prescribed by the department. An updated financial affidavit must

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be executed and furnished to the department at the inception of

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each proceeding to modify an administrative support order.

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Caretaker relatives are not required to furnish financial

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affidavits.

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

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caretaker relative if applicable, shall disclose to the

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

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proceeding to establish administrative support order, and update

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as appropriate, information regarding his or her their identity

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

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social security number numbers; residential and mailing

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

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

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the federal Personal Responsibility and Work Opportunity

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

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social security number in accordance with this section.

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Disclosure of social security numbers obtained through this

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requirement shall be limited to the purpose of administration of

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the Title IV-D program for child support enforcement.

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caretaker relative, if applicable, have a continuing obligation

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

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or her their mailing address addresses to ensure receipt of all

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

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

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recent address furnished by the person.

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

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Government Accountability shall conduct an evaluation of the

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statewide implementation of the administrative process for

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establishing child support provided for in this section. This

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evaluation shall examine whether these processes have been

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effectively implemented and administered statewide and are

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

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

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court system for necessary court action. The Office of Program

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Policy Analysis and Government Accountability shall submit an

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evaluation report on the statewide implementation of the

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administrative processes for establishing child support by June

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30, 2006.

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

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409.2564, Florida Statutes, are amended to read:

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409.2564 Actions for support.--

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

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being made as provided herein, the department shall institute,

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within 30 days after determination of the obligor's reasonable

406

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

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payment of current support and any arrearage which may have

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accrued under an existing order of support. The department shall

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notify the program attorney in the judicial circuit in which the

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recipient resides setting forth the facts in the case, including

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

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number. Whenever applicable, the procedures established under the

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provisions of chapter 88, Uniform Interstate Family Support Act,

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

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Custody, chapter 39, Proceedings Relating to Children, chapter

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

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Delinquency; Interstate Compact on Juveniles, may govern actions

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instituted under the provisions of this act, except that actions

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

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pursuant to this act shall not require any additional

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investigation or supervision by the department.

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(4) Whenever the Department of Revenue has undertaken an

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action for enforcement of support, the Department of Revenue may

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

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judgment determining paternity, if applicable, and for periodic

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child support payments based on the child support guidelines

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

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obligor shall be informed that a judgment will be entered based

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

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

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

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

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and promote support order compliance, if the obligor and the

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

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terms, the guideline amount owed for retroactive support that is

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

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

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

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

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

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adjustment of the order if appropriate under the guidelines

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

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

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

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

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Said notice requirement may be met by including appropriate

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language in the initial support order or any subsequent orders.

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

449

409.25657, Florida Statutes, is amended to read:

450

409.25657 Requirements for financial institutions.--

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(2) The department shall develop procedures to enter into

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agreements with financial institutions doing business in the

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state, in coordination with such financial institutions and with

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the Federal Parent Locator Service in the case of financial

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

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operate a data match system, using automated data exchanges to

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the maximum extent feasible, in which each financial institution

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

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address, social security number or other taxpayer identification

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number, average daily account balance, and other identifying

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information for:

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(a) Each noncustodial parent who maintains an account at

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

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the department by name and social security number or other

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taxpayer identification number; or

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

467

Florida Statutes, are amended to read:

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409.25659 Insurance claim data exchange.--

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

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system after consultation with one or more insurers, using

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automated data exchanges to the maximum extent feasible, in which

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an insurer may voluntarily provide the department monthly with

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

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security number or other taxpayer identification number for each

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

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

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

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(a) Authorizing an insurance claim data collection

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organization, to which the insurer subscribes and to which the

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insurer submits the required claim data on at least a monthly

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basis, to:

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

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

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

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required data for each such noncustodial parent to the

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department; or

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

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required data for each claim being maintained by the insurer for

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the department to conduct a data match;

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(b) Providing the required data for each claim being

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maintained by the insurer directly to the department in an

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electronic medium; or

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494

and conducting a data match of all noncustodial parents who have

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

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submitting the required data for each such noncustodial parent to

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the department.

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

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obtained pursuant to subsection (2) for the purpose of

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identifying noncustodial parents who owe past due support. If the

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department does not match such data with a noncustodial parent

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who owes past due support, such data shall be destroyed

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immediately and shall not be maintained by the department.

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Section 25. Section 409.2577, Florida Statutes, is amended

505

to read:

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409.2577 Parent locator service.--The department shall

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establish a parent locator service to assist in locating parents

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who have deserted their children and other persons liable for

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support of dependent children. The department shall use all

510

sources of information available, including the Federal Parent

511

Locator Service, and may request and shall receive information

512

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

513

political subdivisions or any officer thereof. Any agency as

514

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

515

person shall, upon request, provide the department any

516

information relating to location, salary, insurance, social

517

security, income tax, and employment history necessary to locate

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

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

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expressly take precedence over any other statutory nondisclosure

521

provision which limits the ability of an agency to disclose such

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information, except that law enforcement information as provided

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

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that confidential taxpayer information possessed by the

525

Department of Revenue shall be disclosed only to the extent

526

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

527

the disclosure of information if such disclosure is prohibited by

528

federal law. Information gathered or used by the parent locator

529

service is confidential and exempt from the provisions of s.

530

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

531

any additional information directly bearing on the identity and

532

whereabouts of a person owing or asserted to be owing an

533

obligation of support for a dependent child. The department

534

shall, upon request, make information available only to public

535

officials and agencies of this state; political subdivisions of

536

this state, including any agency thereof providing child support

537

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

538

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

539

child; and other states seeking to locate parents who have

540

deserted their children and other persons liable for support of

541

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

542

enforcing their liability for support, and shall make such

543

information available to the Department of Children and Family

544

Services for the purpose of diligent search activities pursuant

545

to chapter 39. If the department has reasonable evidence of

546

domestic violence or child abuse and the disclosure of

547

information could be harmful to the custodial parent owed support

548

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

549

or designee shall notify the Department of Children and Family

550

Services and the Secretary of the United States Department of

551

Health and Human Services of this evidence. Such evidence is

552

sufficient grounds for the department to disapprove an

553

application for location services.

554

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

555

409.2579, Florida Statutes, is amended to read:

556

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

557

(1) Information concerning applicants for or recipients of

558

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

559

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

560

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

561

connected with:

562

(e) Mandatory disclosure of identifying and location

563

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

564

when providing Title IV-D services.

565

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

566

Statutes, is amended to read:

567

409.811 Definitions relating to Florida Kidcare Act.--As

568

used in ss. 409.810-409.820, the term:

569

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

570

income is considered in determining eligibility for the Florida

571

Kidcare program. The family includes a child with a custodial

572

parent or caretaker relative who resides in the same house or

573

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

574

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

575

also include other individuals whose income and resources are

576

considered in whole or in part in determining eligibility of the

577

child.

578

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

579

Statutes, is amended to read:

580

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

581

term:

582

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

583

whose needs, resources, and income are considered when

584

determining eligibility for temporary assistance. The family for

585

purposes of temporary assistance includes the minor child, a

586

custodial parent, or caretaker relative who resides in the same

587

house or living unit. The family may also include individuals

588

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

589

determining eligibility for temporary assistance but whose needs,

590

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

591

individuals include, but are not limited to, ineligible

592

noncitizens or sanctioned individuals.

593

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

594

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

595

414.065 Noncompliance with work requirements.--

596

(4) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--Unless

597

otherwise provided, the situations listed in this subsection

598

shall constitute exceptions to the penalties for noncompliance

599

with participation requirements, except that these situations do

600

not constitute exceptions to the applicable time limit for

601

receipt of temporary cash assistance:

602

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

603

assistance may not be terminated for refusal to participate in

604

work activities if the individual is a single custodial parent

605

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

606

adult proves to the regional workforce board an inability to

607

obtain needed child care for one or more of the following

608

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

609

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

610

1. Unavailability of appropriate child care within a

611

reasonable distance from the individual's home or worksite.

612

2. Unavailability or unsuitability of informal child care

613

by a relative or under other arrangements.

614

3. Unavailability of appropriate and affordable formal

615

child care arrangements.

616

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

617

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

618

delinquent in support payments, pursuant to the terms of a

619

support order, to participate in work activities under this

620

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

621

obtain employment and fulfill the obligation to provide support

622

payments. A noncustodial parent who fails to satisfactorily

623

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

624

(b) The court may order a noncustodial parent to

625

participate in work activities under this chapter if the child of

626

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

627

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

628

and:

629

1. The case plan requires the noncustodial parent to

630

participate in work activities; or

631

2. The noncustodial parent would be eligible to participate

632

in work activities and subject to work activity requirements if

633

the child were living with the parent.

634

635

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

636

noncustodial parent may be removed from program participation.

637

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

638

414.085, Florida Statutes, is amended to read:

639

414.085 Income eligibility standards.--

640

(1) For purposes of program simplification and effective

641

program management, certain income definitions, as outlined in

642

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

643

to the temporary cash assistance program as determined by the

644

department to be consistent with federal law regarding temporary

645

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

646

following:

647

648

parent receiving temporary cash assistance may not be disregarded

649

in calculating the amount of temporary cash assistance for the

650

family, unless such exclusion is required by federal law.

651

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

652

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

653

414.095 Determining eligibility for temporary cash

654

assistance.--

655

(2) ADDITIONAL ELIGIBILITY REQUIREMENTS.--

656

(a) To be eligible for services or temporary cash

657

assistance and Medicaid:

658

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

659

qualified noncitizen, as defined in this section.

660

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

661

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

662

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

663

application for a social security number. An individual who fails

664

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

665

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

666

program.

667

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

668

parents, with a relative caretaker who is within the specified

669

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

670

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

671

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

672

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

673

and resource requirements of the program. All minor children who

674

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

675

shall be included in the eligibility determination unless

676

specifically excluded.

677

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

678

participate in the program if all eligibility requirements are

679

met:

680

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

681

other adult caretaker relative.

682

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

683

3. The caretaker relative with whom the minor child resides

684

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

685

family.

686

4. Unwed minor children and their children if the unwed

687

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

688

if temporary cash assistance is paid to an alternative payee.

689

5. A pregnant woman.

690

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

691

eligibility for public assistance, the family must cooperate with

692

the state agency responsible for administering the child support

693

enforcement program in establishing the paternity of the child,

694

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

695

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

696

Cooperation is defined as:

697

(a) Assisting in identifying and locating a noncustodial

698

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

699

providing complete and accurate information on that parent;

700

701

This subsection does not apply if the state agency that

702

administers the child support enforcement program determines that

703

the parent or caretaker relative has good cause for failing to

704

cooperate.

705

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

706

Statutes, is amended to read:

707

414.295 Temporary cash assistance programs; public records

708

exemption.--

709

(1) Personal identifying information of a temporary cash

710

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

711

participant's family or household member, except for information

712

identifying a noncustodial parent who does not live in the same

713

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

714

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

715

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

716

or a regional workforce board or local committee created pursuant

717

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

718

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

719

exempt information may be released for purposes directly

720

connected with:

721

(a) The administration of the temporary assistance for

722

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

723

as amended, by the department, the Agency for Workforce

724

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

725

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

726

Department of Education, a regional workforce board or local

727

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

728

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

729

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

730

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

731

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

732

Security Act, as amended.

733

734

or administrative proceeding conducted in connection with the

735

administration of any of the plans or programs specified in

736

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

737

governmental entity, upon request by that entity, when such

738

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

739

duties and responsibilities.

740

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

741

federally assisted program that provides assistance or services

742

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

743

participant.

744

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

745

expenditure reports or financial review, conducted in connection

746

with the administration of any of the plans or programs specified

747

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

748

authorized by law to conduct such audit or activity.

749

(f) The administration of the unemployment compensation

750

program.

751

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

752

information about known or suspected instances of physical or

753

mental injury, sexual abuse or exploitation, or negligent

754

treatment or maltreatment of a child or elderly person receiving

755

assistance, if circumstances indicate that the health or welfare

756

of the child or elderly person is threatened.

757

(h) The administration of services to elderly persons under

758

ss. 430.601-430.606.

759

760

761

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

762

And the title is amended as follows:

763

764

Delete lines 37 through 46

765

and insert:

766

767

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

768

changes in terminology; revising provisions relating to

769

presumption of a parent's income for the purpose of

770

establishing a support obligation; deleting an obsolete

771

provision concerning a study by the Office of Program

772

Policy Analysis and Government Accountability; amending

773

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

774

conforming provisions to changes in terminology; amending

775

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

776

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

777

3/31/2008 2:57:00 PM CF.CF.06234

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