Amendment
Bill No. HB 5129
Amendment No. 159935
CHAMBER ACTION
Senate House
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1The Conference Committee on HB 5129 offered the following:
2
3     Conference Committee Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5
6     Section 1.  Subsections (7) through (22) of section 61.046,
7Florida Statutes, are renumbered as subsections (8) through
8(23), respectively, and a new subsection (7) is added to that
9section to read:
10     61.046  Definitions.--As used in this chapter, the term:
11     (7)  "Health insurance" means coverage under a fee-for-
12service arrangement, health maintenance organization, or
13preferred provider organization, and other types of coverage
14available to either parent, under which medical services could
15be provided to a dependent child.
16     Section 2.  Paragraph (b) of subsection (1) of section
1761.13, Florida Statutes, is amended to read:
18     61.13  Support of children; parenting and time-sharing;
19powers of court.--
20     (1)
21     (b)  Each order for support shall contain a provision for
22health insurance care coverage for the minor child when health
23insurance the coverage is reasonable in cost and accessible to
24the child reasonably available. Health insurance is presumed to
25be reasonable in cost if the incremental cost of adding health
26insurance for the child or children does not exceed 5 percent of
27the gross income, as defined in s. 61.30, of the parent
28responsible for providing health insurance. Health insurance is
29accessible to the child if the health insurance is available to
30be used in the county of the child's primary residence or in
31another county if the parent who has the most time under the
32time-sharing plan agrees. If the time-sharing plan provides for
33equal time-sharing, health insurance is accessible to the child
34if the health insurance is available to be used in either county
35where the child resides or in another county if both parents
36agree. Coverage is reasonably available if either the obligor or
37obligee has access at a reasonable rate to a group health plan.
38The court may require the obligor either to provide health
39insurance care coverage or to reimburse the obligee for the cost
40of health insurance care coverage for the minor child when
41insurance coverage is provided by the obligee. The presumption
42of reasonable cost may be rebutted by evidence of any of the
43factors in s. 61.30(11)(a). The court may deviate from what is
44presumed reasonable in cost only upon a written finding
45explaining its determination why ordering or not ordering the
46provision of health insurance or the reimbursement of the
47obligee's cost for providing health insurance for the minor
48child would be unjust or inappropriate. In any either event, the
49court shall apportion the cost of health insurance coverage, and
50any noncovered medical, dental, and prescription medication
51expenses of the child, to both parties by adding the cost to the
52basic obligation determined pursuant to s. 61.30(6). The court
53may order that payment of noncovered uncovered medical, dental,
54and prescription medication expenses of the minor child be made
55directly to the obligee on a percentage basis. In a proceeding
56for medical support only, each parent's share of the child's
57health insurance and noncovered medical expenses shall equal the
58parent's percentage share of the combined net income of the
59parents. The percentage share shall be calculated by dividing
60each parent's net monthly income by the combined monthly net
61income of both parents. Net income is calculated as specified by
62s. 61.30(3) and (4).
63     1.  In a non-Title IV-D case, a copy of the court order for
64health insurance care coverage shall be served on the obligor's
65union or employer by the obligee when the following conditions
66are met:
67     a.  The obligor fails to provide written proof to the
68obligee within 30 days after receiving effective notice of the
69court order that the health insurance care coverage has been
70obtained or that application for health insurance coverage has
71been made;
72     b.  The obligee serves written notice of intent to enforce
73an order for health insurance care coverage on the obligor by
74mail at the obligor's last known address; and
75     c.  The obligor fails within 15 days after the mailing of
76the notice to provide written proof to the obligee that the
77health insurance care coverage existed as of the date of
78mailing.
79     2.a.  A support order enforced under Title IV-D of the
80Social Security Act which requires that the obligor provide
81health insurance care coverage is enforceable by the department
82through the use of the national medical support notice, and an
83amendment to the support order is not required. The department
84shall transfer the national medical support notice to the
85obligor's union or employer. The department shall notify the
86obligor in writing that the notice has been sent to the
87obligor's union or employer, and the written notification must
88include the obligor's rights and duties under the national
89medical support notice. The obligor may contest the withholding
90required by the national medical support notice based on a
91mistake of fact. To contest the withholding, the obligor must
92file a written notice of contest with the department within 15
93business days after the date the obligor receives written
94notification of the national medical support notice from the
95department. Filing with the department is complete when the
96notice is received by the person designated by the department in
97the written notification. The notice of contest must be in the
98form prescribed by the department. Upon the timely filing of a
99notice of contest, the department shall, within 5 business days,
100schedule an informal conference with the obligor to discuss the
101obligor's factual dispute. If the informal conference resolves
102the dispute to the obligor's satisfaction or if the obligor
103fails to attend the informal conference, the notice of contest
104is deemed withdrawn. If the informal conference does not resolve
105the dispute, the obligor may request an administrative hearing
106under chapter 120 within 5 business days after the termination
107of the informal conference, in a form and manner prescribed by
108the department. However, the filing of a notice of contest by
109the obligor does not delay the withholding of premium payments
110by the union, employer, or health plan administrator. The union,
111employer, or health plan administrator must implement the
112withholding as directed by the national medical support notice
113unless notified by the department that the national medical
114support notice is terminated.
115     b.  In a Title IV-D case, the department shall notify an
116obligor's union or employer if the obligation to provide health
117insurance care coverage through that union or employer is
118terminated.
119     3.  In a non-Title IV-D case, upon receipt of the order
120pursuant to subparagraph 1., or upon application of the obligor
121pursuant to the order, the union or employer shall enroll the
122minor child as a beneficiary in the group health plan regardless
123of any restrictions on the enrollment period and withhold any
124required premium from the obligor's income. If more than one
125plan is offered by the union or employer, the child shall be
126enrolled in the group health plan in which the obligor is
127enrolled.
128     4.a.  Upon receipt of the national medical support notice
129under subparagraph 2. in a Title IV-D case, the union or
130employer shall transfer the notice to the appropriate group
131health plan administrator within 20 business days after the date
132on the notice. The plan administrator must enroll the child as a
133beneficiary in the group health plan regardless of any
134restrictions on the enrollment period, and the union or employer
135must withhold any required premium from the obligor's income
136upon notification by the plan administrator that the child is
137enrolled. The child shall be enrolled in the group health plan
138in which the obligor is enrolled. If the group health plan in
139which the obligor is enrolled is not available where the child
140resides or if the obligor is not enrolled in group coverage, the
141child shall be enrolled in the lowest cost group health plan
142that is accessible to available where the child resides.
143     b.  If health insurance care coverage or the obligor's
144employment is terminated in a Title IV-D case, the union or
145employer that is withholding premiums for health insurance care
146coverage under a national medical support notice must notify the
147department within 20 days after the termination and provide the
148obligor's last known address and the name and address of the
149obligor's new employer, if known.
150     5.a.  The amount withheld by a union or employer in
151compliance with a support order may not exceed the amount
152allowed under s. 303(b) of the Consumer Credit Protection Act,
15315 U.S.C. s. 1673(b), as amended. The union or employer shall
154withhold the maximum allowed by the Consumer Credit Protection
155Act in the following order:
156     (I)  Current support, as ordered.
157     (II)  Premium payments for health insurance care coverage,
158as ordered.
159     (III)  Past due support, as ordered.
160     (IV)  Other medical support or insurance coverage, as
161ordered.
162     b.  If the combined amount to be withheld for current
163support plus the premium payment for health insurance care
164coverage exceed the amount allowed under the Consumer Credit
165Protection Act, and the health insurance care coverage cannot be
166obtained unless the full amount of the premium is paid, the
167union or employer may not withhold the premium payment. However,
168the union or employer shall withhold the maximum allowed in the
169following order:
170     (I)  Current support, as ordered.
171     (II)  Past due support, as ordered.
172     (III)  Other medical support or insurance coverage, as
173ordered.
174     6.  An employer, union, or plan administrator who does not
175comply with the requirements in sub-subparagraph 4.a. is subject
176to a civil penalty not to exceed $250 for the first violation
177and $500 for subsequent violations, plus attorney's fees and
178costs. The department may file a petition in circuit court to
179enforce the requirements of this subparagraph.
180     7.  The department may adopt rules to administer the child
181support enforcement provisions of this section that affect Title
182IV-D cases.
183     Section 3.  Subsection (5) of section 61.1301, Florida
184Statutes, is amended to read:
185     61.1301  Income deduction orders.--
186     (5)  By July 1, 2006, the department shall provide a payor
187with Internet access to income deduction and national medical
188support notices issued by the department on or after July 1,
1892006, concerning an obligor to whom the payor pays income. The
190department shall provide a payor who requests Internet access
191with a user code and password to allow the payor to receive
192notices electronically and to download the information necessary
193to begin income deduction and health insurance care coverage
194enrollment. If a participating payor does not respond to
195electronic notice by accessing the data posted by the department
196within 48 hours, the department shall mail the income deduction
197or medical support notice to the payor.
198     Section 4.  Subsections (5) through (14) of section
199409.2554, Florida Statutes, are renumbered as subsections (6)
200through (15), respectively, and a new subsection (5) is added to
201that section to read:
202     409.2554  Definitions; ss. 409.2551-409.2598.--As used in
203ss. 409.2551-409.2598, the term:
204     (5)  "Health insurance" means coverage under a fee-for-
205service arrangement, health maintenance organization, or
206preferred provider organization, and other types of coverage
207available to either parent, under which medical services could
208be provided to a dependent child.
209     Section 5.  Paragraphs (b), (c), and (e) of subsection (5)
210of section 409.2561, Florida Statutes, are amended to read:
211     409.2561  Support obligations when public assistance is
212paid; assignment of rights; subrogation; medical and health
213insurance information.--
214     (5)  With respect to cases for which there is an assignment
215in effect:
216     (b)  When the obligor receives health insurance is obtained
217coverage for the dependent child, the IV-D agency shall provide
218health insurance policy information, including any information
219available about the health insurance policy which would permit a
220claim to be filed or, in the case of a health maintenance or
221preferred provider organization, service to be provided, to the
222state Medicaid agency.
223     (c)  The state Medicaid agency, upon receipt of the health
224insurance coverage information from the IV-D agency, shall
225notify the obligor's insuring entity that the Medicaid agency
226must be notified within 30 days after the health insurance when
227such coverage is discontinued.
228     (e)  Upon the state Medicaid agency receiving notice from
229the obligor's insuring entity that the health insurance coverage
230is discontinued due to cancellation or other means, the Medicaid
231agency shall notify the IV-D agency of such discontinuance and
232the effective date. When appropriate, the IV-D agency shall then
233take action to bring the obligor before the court for
234enforcement.
235     Section 6.  Paragraph (e) of subsection (7) of section
236409.2563, Florida Statutes, is amended to read:
237     409.2563  Administrative establishment of child support
238obligations.--
239     (7)  ADMINISTRATIVE SUPPORT ORDER.--
240     (e)  An administrative support order must comply with ss.
24161.13(1) and 61.30 s. 61.30. The department shall develop a
242standard form or forms for administrative support orders. An
243administrative support order must provide and state findings, if
244applicable, concerning:
245     1.  The full name and date of birth of the child or
246children;
247     2.  The name of the parent from whom support is being
248sought and the other parent or caretaker relative;
249     3.  The parent's duty and ability to provide support;
250     4.  The amount of the parent's monthly support obligation;
251     5.  Any obligation to pay retroactive support;
252     6.  The parent's obligation to provide for the health care
253needs of each child, whether through health insurance coverage,
254contribution towards the cost of health insurance coverage,
255payment or reimbursement of health care expenses for the child,
256or any combination thereof;
257     7.  The beginning date of any required monthly payments and
258health insurance care coverage;
259     8.  That all support payments ordered must be paid to the
260Florida State Disbursement Unit as provided by s. 61.1824;
261     9.  That the parents, or caretaker relative if applicable,
262must file with the department when the administrative support
263order is rendered, if they have not already done so, and update
264as appropriate the information required pursuant to paragraph
265(13)(b);
266     10.  That both parents, or parent and caretaker relative if
267applicable, are required to promptly notify the department of
268any change in their mailing addresses pursuant to paragraph
269(13)(c); and
270     11.  That if the parent ordered to pay support receives
271unemployment compensation benefits, the payor shall withhold,
272and transmit to the department, 40 percent of the benefits for
273payment of support, not to exceed the amount owed.
274
275An income deduction order as provided by s. 61.1301 must be
276incorporated into the administrative support order or, if not
277incorporated into the administrative support order, the
278department or the Division of Administrative Hearings shall
279render a separate income deduction order.
280     Section 7.  Subsection (5) of section 409.2572, Florida
281Statutes, is amended to read:
282     409.2572  Cooperation.--
283     (5)  As used in this section only, the term "applicant for
284or recipient of public assistance for a dependent child" refers
285to such applicants and recipients of public assistance as
286defined in s. 409.2554(8) s. 409.2554(7), with the exception of
287applicants for or recipients of Medicaid solely for the benefit
288of a dependent child.
289     Section 8.  Subsection (7) of section 409.2576, Florida
290Statutes, is amended to read:
291     409.2576  State Directory of New Hires.--
292     (7)  WAGE WITHHOLDING NOTICE AND NATIONAL MEDICAL SUPPORT
293NOTICE.--The department shall transmit a wage withholding notice
294consistent with s. 61.1301 and, when appropriate, a national
295medical support notice, as defined in s. 61.046, to the
296employee's employer within 2 business days after entry of the
297new hire information into the State Directory of New Hires'
298database, unless the court has determined that the employee's
299wages are not subject to withholding or, for purposes of the
300national medical support notice, the support order does not
301contain a provision for the employee to provide health insurance
302care coverage. The withholding notice shall direct the employer
303to withhold income in accordance with the income deduction
304order, and the national medical support notice shall direct the
305employer to withhold premiums for health insurance care
306coverage.
307     Section 9.  This act shall take effect upon becoming a law.
308
309
310
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311
T I T L E  A M E N D M E N T
312     Remove the entire title and insert:
313
A bill to be entitled
314An act relating to child support enforcement; amending s.
31561.046, F.S.; defining the term "health insurance" for
316purposes of provisions establishing and providing for
317enforcement of medical support obligations in child-
318support-enforcement cases; amending s. 61.13, F.S.;
319establishing standards for a presumption of reasonable
320costs of and accessibility of health insurance; requiring
321that the court make a written finding before deviating
322from the presumed reasonable cost; providing method for
323calculating a child's health insurance and noncovered
324medical expenses under certain circumstances; amending s.
32561.1301, F.S.; conforming a provision to changes made by
326the act; amending s. 409.2554, F.S.; defining the term
327"health insurance" for purposes of provisions establishing
328and providing for the enforcement of medical support
329obligations in child-support-enforcement cases that
330received services under the Social Security Act; amending
331s. 409.2561, F.S.; conforming provisions to changes made
332by the act; amending s. 409.2563, F.S.; conforming
333provisions to changes made by the act; amending s.
334409.2572, F.S.; conforming a cross-reference to changes
335made by the act; amending s. 409.2576, F.S.; conforming
336provisions to changes made by the act; providing an
337effective date.


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