1 | A bill to be entitled |
2 | An act relating to child support enforcement; amending s. |
3 | 61.14, F.S.; requiring payments on child support judgments |
4 | to be applied first to the current child support due, then |
5 | to the delinquent principal, and then to any interest on |
6 | the support judgment; amending s. 61.1824, F.S.; requiring |
7 | the State Disbursement Unit to disburse payments to |
8 | obligees electronically; amending s. 328.42, F.S.; |
9 | requiring the Department of Highway Safety and Motor |
10 | Vehicles to cooperate with the Department of Revenue in |
11 | establishing an automated method for disclosing owners of |
12 | registered vessels to the Department of Revenue; |
13 | authorizing the Department of Highway Safety and Motor |
14 | Vehicles to suspend the operating privilege of vessel |
15 | owners who are not in compliance with orders relating to |
16 | child support when directed by the Department of Revenue; |
17 | amending s. 409.2558, F.S.; requiring the State |
18 | Disbursement Unit to disburse payments to obligees |
19 | electronically; amending s. 409.256, F.S.; requiring the |
20 | correctional facility to assist an incarcerated putative |
21 | father in complying with an administrative order to appear |
22 | for genetic testing; clarifying that an administrative |
23 | order for genetic testing has the same force and effect as |
24 | a court order; amending s. 456.004, F.S.; requiring the |
25 | Department of Health to cooperate with the Department of |
26 | Revenue in establishing an automated method for disclosing |
27 | health practitioner licensees to the Department of |
28 | Revenue; authorizing the Department of Health to suspend |
29 | or deny the license of a licensee who is not in compliance |
30 | with orders relating to child support when directed by the |
31 | Department of Revenue; amending s. 497.167, F.S.; |
32 | authorizing the Department of Financial Services to |
33 | suspend or deny the license of a licensee who is not in |
34 | compliance with orders relating to child support when |
35 | directed by the Department of Revenue; amending s. 559.79, |
36 | F.S.; requiring the Department of Business and |
37 | Professional Regulation to cooperate with the Department |
38 | of Revenue in establishing a method for disclosing |
39 | professional licensees to the Department of Revenue; |
40 | authorizing the Department of Business and Professional |
41 | Regulation to suspend or deny the license of a licensee |
42 | who is not in compliance with orders relating to child |
43 | support when directed by the Department of Revenue; |
44 | amending s. 1012.21, F.S.; requiring the Department of |
45 | Education to cooperate with the Department of Revenue in |
46 | establishing a method for disclosing educators to the |
47 | Department of Revenue; authorizing the Department of |
48 | Education to suspend or deny the teaching certificate of a |
49 | person who is not in compliance with orders relating to |
50 | child support when directed by the Department of Revenue; |
51 | amending s. 1012.795, F.S.; requiring the Education |
52 | Practices Commission to suspend or deny the educator |
53 | certificate of a person who is not in compliance with |
54 | orders relating to child support upon notice by the |
55 | Department of Revenue; repealing s. 409.25645, F.S., |
56 | relating to administrative orders for genetic testing; |
57 | providing an effective date. |
58 |
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59 | Be It Enacted by the Legislature of the State of Florida: |
60 |
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61 | Section 1. Paragraph (d) of subsection (6) of section |
62 | 61.14, Florida Statutes, is amended to read: |
63 | 61.14 Enforcement and modification of support, |
64 | maintenance, or alimony agreements or orders.-- |
65 | (6) |
66 | (d) The court shall hear the obligor's motion to contest |
67 | the impending judgment within 15 days after the date of the |
68 | filing of the motion. Upon the court's denial of the obligor's |
69 | motion, the amount of the delinquency and all other amounts that |
70 | which thereafter become due, together with costs and a service |
71 | charge of up to $7.50, become a final judgment by operation of |
72 | law against the obligor. The depository shall charge interest at |
73 | the rate established in s. 55.03 on all judgments for support. |
74 | Payments on judgments shall be applied first to the current |
75 | child support due, then to any delinquent principal, and then to |
76 | interest on the support judgment. |
77 | Section 2. Paragraph (d) of subsection (3) of section |
78 | 61.1824, Florida Statutes, is amended to read: |
79 | 61.1824 State Disbursement Unit.-- |
80 | (3) The State Disbursement Unit shall perform the |
81 | following functions: |
82 | (d) To the extent feasible, use automated procedures for |
83 | the collection and disbursement of support payments, including, |
84 | but not limited to, having procedures for: |
85 | 1. Receipt of payments from obligors, employers, other |
86 | states and jurisdictions, and other entities. |
87 | 2. Timely disbursement of payments to obligees, the |
88 | department, and other state Title IV-D agencies. |
89 | 3. Accurate identification of payment source and amount. |
90 | 4. Furnishing any parent, upon request, timely information |
91 | on the current status of support payments under an order |
92 | requiring payments to be made by or to the parent, except that |
93 | in cases described in paragraph (1)(b), prior to the date the |
94 | State Disbursement Unit becomes fully operational, the State |
95 | Disbursement Unit shall not be required to convert and maintain |
96 | in automated form records of payments kept pursuant to s. |
97 | 61.181. |
98 | 5. Electronic disbursement of support payments to |
99 | obligees. The State Disbursement Unit shall notify obligees of |
100 | electronic disbursement options and encourage their use through |
101 | promotional material. Any payments made to the State |
102 | Disbursement Unit that are owed to the obligee shall be |
103 | disbursed electronically. The obligee may designate a personal |
104 | account for deposit of payments. If the obligee does not |
105 | designate a personal account, the State Disbursement Unit shall |
106 | deposit any payments into a stored value account that can be |
107 | accessed by the obligee. |
108 | Section 3. Subsection (1) of section 328.42, Florida |
109 | Statutes, is amended to read: |
110 | 328.42 Suspension or denial of a vessel registration due |
111 | to support delinquency; dishonored checks.-- |
112 | (1) The department shall work cooperatively with the |
113 | Department of Revenue to establish an automated method for |
114 | periodically disclosing information relating to current owners |
115 | of registered vessels to the Department of Revenue, the state's |
116 | Title IV-D agency must allow applicants for new or renewal |
117 | registrations to be screened by the Department of Revenue, as |
118 | the Title IV-D child support agency under s. 409.2598 to assure |
119 | compliance with an obligation for support as defined in s. |
120 | 409.2554, or by a non-IV-D obligee to assure compliance with a |
121 | child support obligation. The purpose of this subsection section |
122 | is to promote the public policy of this state relating to child |
123 | support as established in s. 409.2551. The department shall |
124 | must, when directed by the court or the Department of Revenue |
125 | pursuant to s. 409.2598, deny or suspend the vessel registration |
126 | and suspend the vessel operating privilege of an owner of any |
127 | applicant found not to be in compliance with a support order, a |
128 | subpoena, an order to show cause, or a written agreement with |
129 | the Department of Revenue to have a delinquent support |
130 | obligation. The department shall must issue or reinstate a |
131 | registration and reinstate the operating privilege when notified |
132 | by the Title IV-D agency or the court or the Department of |
133 | Revenue that the owner applicant has complied with the terms of |
134 | the support court order. The department is may not be held |
135 | liable for any registration denial or suspension, or suspension |
136 | of operating privileges, resulting from the discharge of its |
137 | duties under this section. |
138 | Section 4. Present subsections (2) through (8) of section |
139 | 409.2558, Florida Statutes, are renumbered as subsections (3) |
140 | through (9), respectively, and a new subsection (2) is added to |
141 | that section to read: |
142 | 409.2558 Support distribution and disbursement.-- |
143 | (2) DISBURSEMENT OF PAYMENTS.--Any payments made to the |
144 | State Disbursement Unit that are owed to the obligee in a Title |
145 | IV-D case shall be disbursed electronically. The obligee may |
146 | designate a personal account for deposit of payments. If the |
147 | obligee does not designate a personal account, the State |
148 | Disbursement Unit shall deposit any payments into a stored value |
149 | account that can be accessed by the obligee. |
150 | Section 5. Paragraphs (d) and (e) are added to subsection |
151 | (4) of section 409.256, Florida Statutes, to read: |
152 | 409.256 Administrative proceeding to establish paternity |
153 | or paternity and child support; order to appear for genetic |
154 | testing.-- |
155 | (4) NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR |
156 | PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC |
157 | TESTING; MANNER OF SERVICE; CONTENTS.--The Department of Revenue |
158 | shall commence a proceeding to determine paternity, or a |
159 | proceeding to determine both paternity and child support, by |
160 | serving the respondent with a notice as provided in this |
161 | section. An order to appear for genetic testing may be served at |
162 | the same time as a notice of the proceeding or may be served |
163 | separately. A copy of the affidavit or written declaration upon |
164 | which the proceeding is based shall be provided to the |
165 | respondent when notice is served. A notice or order to appear |
166 | for genetic testing shall be served by certified mail, |
167 | restricted delivery, return receipt requested, or in accordance |
168 | with the requirements for service of process in a civil action. |
169 | Service by certified mail is completed when the certified mail |
170 | is received or refused by the addressee or by an authorized |
171 | agent as designated by the addressee in writing. If a person |
172 | other than the addressee signs the return receipt, the |
173 | department shall attempt to reach the addressee by telephone to |
174 | confirm whether the notice was received, and the department |
175 | shall document any telephonic communications. If someone other |
176 | than the addressee signs the return receipt, the addressee does |
177 | not respond to the notice, and the department is unable to |
178 | confirm that the addressee has received the notice, service is |
179 | not completed and the department shall attempt to have the |
180 | addressee served personally. For purposes of this section, an |
181 | employee or an authorized agent of the department may serve the |
182 | notice or order to appear for genetic testing and execute an |
183 | affidavit of service. The department may serve an order to |
184 | appear for genetic testing on a custodian. The department shall |
185 | provide a copy of the notice or order to appear by regular mail |
186 | to the mother and custodian, if they are not respondents. |
187 | (d) If the putative father is incarcerated, the |
188 | correctional facility shall assist the putative father in |
189 | complying with an administrative order to appear for genetic |
190 | testing issued under this section. |
191 | (e) An administrative order to appear for genetic testing |
192 | has the same force and effect as a court order. |
193 | Section 6. Subsection (9) of section 456.004, Florida |
194 | Statutes, is amended to read: |
195 | 456.004 Department; powers and duties.--The department, |
196 | for the professions under its jurisdiction, shall: |
197 | (9) Work cooperatively with the Department of Revenue to |
198 | establish an automated method for periodically disclosing |
199 | information relating to current licensees to the Department of |
200 | Revenue, the state's Title IV-D agency Allow applicants for new |
201 | or renewal licenses and current licensees to be screened by the |
202 | Title IV-D child support agency pursuant to s. 409.2598 to |
203 | assure compliance with a support obligation, as defined in s. |
204 | 409.2554. The purpose of this subsection is to promote the |
205 | public policy of this state relating to child support as |
206 | established in s. 409.2551. The department shall, when directed |
207 | by the court or the Department of Revenue pursuant to s. |
208 | 409.2598, suspend or deny the license of any licensee found not |
209 | to be in compliance with a support order, a subpoena, an order |
210 | to show cause, or a written agreement with the Department of |
211 | Revenue to have a delinquent support obligation. The department |
212 | shall issue or reinstate the license without additional charge |
213 | to the licensee when notified by the court or the Department of |
214 | Revenue that the licensee has complied with the terms of the |
215 | support court order. The department is shall not be held liable |
216 | for any license denial or suspension resulting from the |
217 | discharge of its duties under this subsection. |
218 | Section 7. Subsection (6) of section 497.167, Florida |
219 | Statutes, is amended to read: |
220 | 497.167 Administrative matters.-- |
221 | (6) The department shall allow applicants for new or |
222 | renewal licenses and current licensees to be screened by the |
223 | Title IV-D child support agency pursuant to s. 409.2598 to |
224 | ensure compliance with a support obligation. The purpose of this |
225 | subsection is to promote the public policy of this state |
226 | relating to child support as established in s. 409.2551. The |
227 | department shall, when directed by the court or the Department |
228 | of Revenue pursuant to s. 409.2598, suspend or deny the license |
229 | of any licensee found not to be in compliance with a support |
230 | order, a subpoena, an order to show cause, or a written |
231 | agreement with the Department of Revenue to have a delinquent |
232 | support obligation, as defined in s. 409.2554. The department |
233 | shall issue or reinstate the license without additional charge |
234 | to the licensee when notified by the court or the Department of |
235 | Revenue that the licensee has complied with the terms of the |
236 | support court order. The department is shall not be held liable |
237 | for any license denial or suspension resulting from the |
238 | discharge of its duties under this subsection. |
239 | Section 8. Subsection (3) of section 559.79, Florida |
240 | Statutes, is amended to read: |
241 | 559.79 Applications for license or renewal.-- |
242 | (3) The department shall work cooperatively with the |
243 | Department of Revenue to establish an automated method for |
244 | periodically disclosing information relating to current |
245 | licensees to the Department of Revenue, the state's Title IV-D |
246 | agency allow the Title IV-D child support agency to screen all |
247 | applicants for new or renewal licenses and current licensees |
248 | pursuant to s. 409.2598 to assure compliance with a support |
249 | obligation, as defined in s. 409.2554. The purpose of this |
250 | subsection is to promote the public policy of this state |
251 | relating to child support as established in s. 409.2551. The |
252 | department shall, when directed by the court or the Department |
253 | of Revenue pursuant to s. 409.2598, suspend or deny the license |
254 | of any licensee found not to be in compliance with a support |
255 | order, a subpoena, an order to show cause, or a written |
256 | agreement with the Department of Revenue to have a delinquent |
257 | support obligation. The department shall issue or reinstate the |
258 | license without additional charge to the licensee when notified |
259 | by the court or the Department of Revenue that the licensee has |
260 | complied with the terms of the support court order. The |
261 | department is shall not be liable for any license denial or |
262 | suspension resulting from the discharge of its duties under this |
263 | subsection. |
264 | Section 9. Subsection (3) of section 1012.21, Florida |
265 | Statutes, is amended to read: |
266 | 1012.21 Department of Education duties; K-12 personnel.-- |
267 | (3) SUSPENSION OR DENIAL OF TEACHING CERTIFICATE DUE TO |
268 | CHILD SUPPORT DELINQUENCY.--The Department of Education shall |
269 | work cooperatively with the Department of Revenue to establish |
270 | an automated method for periodically disclosing information |
271 | relating to individuals who hold a certificate pursuant to s. |
272 | 1012.56 or s. 1012.57 to the Department of Revenue, the state's |
273 | Title IV-D agency allow applicants for new or renewal |
274 | certificates and renewal certificateholders to be screened by |
275 | the Title IV-D child support agency pursuant to s. 409.2598 to |
276 | assure compliance with an obligation for support, as defined in |
277 | s. 409.2554. The purpose of this section is to promote the |
278 | public policy of this state relating to child support as |
279 | established in s. 409.2551. The department shall, when directed |
280 | by the court or the Department of Revenue pursuant to s. |
281 | 409.2598, deny or suspend the application of any applicant found |
282 | not to be in compliance with a support order, a subpoena, an |
283 | order to show cause, or a written agreement with the Department |
284 | of Revenue to have a delinquent support obligation. The |
285 | department shall issue or reinstate the certificate without |
286 | additional charge to the certificateholder when notified by the |
287 | court or the Department of Revenue that the certificateholder |
288 | has complied with the terms of the support court order. The |
289 | department is shall not be held liable for any certificate |
290 | denial or suspension resulting from the discharge of its duties |
291 | under this section. |
292 | Section 10. Subsection (1) and paragraph (a) of subsection |
293 | (4) of section 1012.795, Florida Statutes, are amended to read: |
294 | 1012.795 Education Practices Commission; authority to |
295 | discipline.-- |
296 | (1) The Education Practices Commission may suspend the |
297 | educator certificate of any person as defined in s. 1012.01(2) |
298 | or (3) for up to a period of time not to exceed 5 years, thereby |
299 | denying that person the right to teach or otherwise be employed |
300 | by a district school board or public school in any capacity |
301 | requiring direct contact with students for that period of time, |
302 | after which the holder may return to teaching as provided in |
303 | subsection (4); may revoke the educator certificate of any |
304 | person, thereby denying that person the right to teach or |
305 | otherwise be employed by a district school board or public |
306 | school in any capacity requiring direct contact with students |
307 | for up to a period of time not to exceed 10 years, with |
308 | reinstatement subject to the provisions of subsection (4); may |
309 | revoke permanently the educator certificate of any person |
310 | thereby denying that person the right to teach or otherwise be |
311 | employed by a district school board or public school in any |
312 | capacity requiring direct contact with students; may suspend the |
313 | educator certificate, upon an order of the court or notice by |
314 | the Department of Revenue relating to the payment of child |
315 | support, of any person found to have a delinquent child support |
316 | obligation; or may impose any other penalty provided by law, |
317 | provided it can be shown that the person: |
318 | (a) Obtained or attempted to obtain an educator |
319 | certificate by fraudulent means. |
320 | (b) Has proved to be incompetent to teach or to perform |
321 | duties as an employee of the public school system or to teach in |
322 | or to operate a private school. |
323 | (c) Has been guilty of gross immorality or an act |
324 | involving moral turpitude. |
325 | (d) Has had an educator certificate sanctioned by |
326 | revocation, suspension, or surrender in another state. |
327 | (e) Has been convicted of a misdemeanor, felony, or any |
328 | other criminal charge, other than a minor traffic violation. |
329 | (f) Upon investigation, has been found guilty of personal |
330 | conduct that which seriously reduces that person's effectiveness |
331 | as an employee of the district school board. |
332 | (g) Has breached a contract, as provided in s. 1012.33(2). |
333 | (h) Has been the subject of a court order or notice by the |
334 | Department of Revenue pursuant to s. 409.2598 directing the |
335 | Education Practices Commission to suspend the certificate as a |
336 | result of noncompliance with a child support order, a subpoena, |
337 | an order to show cause, or a written agreement with the |
338 | Department of Revenue a delinquent child support obligation. |
339 | (i) Has violated the Principles of Professional Conduct |
340 | for the Education Profession prescribed by State Board of |
341 | Education rules. |
342 | (j) Has otherwise violated the provisions of law, the |
343 | penalty for which is the revocation of the educator certificate. |
344 | (k) Has violated any order of the Education Practices |
345 | Commission. |
346 | (l) Has been the subject of a court order or plea |
347 | agreement in any jurisdiction which requires the |
348 | certificateholder to surrender or otherwise relinquish his or |
349 | her educator's certificate. A surrender or relinquishment shall |
350 | be for permanent revocation of the certificate. A person may not |
351 | surrender or otherwise relinquish his or her certificate prior |
352 | to a finding of probable cause by the commissioner as provided |
353 | in s. 1012.796. |
354 | (4)(a) An educator certificate that which has been |
355 | suspended under this section is automatically reinstated at the |
356 | end of the suspension period, provided the certificate did not |
357 | expire during the period of suspension. If the certificate |
358 | expired during the period of suspension, the holder of the |
359 | former certificate may secure a new certificate by making |
360 | application therefor and by meeting the certification |
361 | requirements of the state board current at the time of the |
362 | application for the new certificate. An educator certificate |
363 | suspended pursuant to paragraph (1)(h) a court order for a |
364 | delinquent child support obligation may only be reinstated only |
365 | upon notice from the court or the Department of Revenue that the |
366 | party has complied with the terms of the support court order, |
367 | subpoena, order to show cause, or written agreement. |
368 | Section 11. Section 409.25645, Florida Statutes, is |
369 | repealed. |
370 | Section 12. This act shall take effect upon becoming a |
371 | law. |