HB 7083

1	A bill to be entitled
2	An act relating to child support enforcement; amending s.
3	61.13, F.S.; deleting a reference to health insurance with
4	respect to a proceeding to determine each parent's share
5	of a child's medical-support-only obligation; providing
6	the procedure for child support payments to be paid
7	through the depository; clarifying that income deduction
8	payments are required to be paid to the State Disbursement
9	Unit; amending s. 61.30, F.S.; authorizing the Department
10	of Revenue to provide documentation of the income of a
11	parent receiving public assistance to the court under
12	certain circumstances; amending s. 382.015, F.S.;
13	authorizing the Office of Vital Statistics to amend a
14	birth certificate to include the name of the legal father
15	when a final judgment of dissolution of marriage requires
16	the former husband to pay support for the child; amending
17	s. 382.016, F.S.; authorizing the Office of Vital
18	Statistics to amend a child's birth certificate to include
19	the name of the legal father upon receipt of a marriage
20	license that identifies the registrant; amending s.
21	409.2558, F.S.; creating additional priorities for
22	processing undistributable collections; authorizing the
23	Department of Revenue to retain uncashed checks or closed
24	Title IV-D case balances of child support collections
25	under $1; amending s. 409.256, F.S.; revising the
26	definitions of the terms "custodian" and "putative
27	father"; permitting a person ordered to appear for genetic
28	testing to contest the order by filing a written request
29	for informal discussion within a specified time period;
30	amending s. 409.2563, F.S.; revising the definition of the
31	term "caretaker relative"; conforming terminology;
32	conforming a reference; amending s. 409.25635, F.S.;
33	authorizing the Department of Revenue to collect
34	noncovered medical expenses in installments by issuing an
35	income deduction notice; amending s. 409.2564, F.S.;
36	deleting the requirement for reducing the child support
37	guideline amount for retroactive support by 25 percent;
38	providing a process for court hearings relating to support
39	order reviews; requiring the department, rather than the
40	Title IV-D agency, to review and take certain actions with
41	respect to child support orders; providing for
42	modification of a child support order; requiring the
43	department to file a petition to modify the order and
44	specified financial documentation under certain
45	circumstances; providing procedures for a party to obtain
46	a court hearing; amending s. 409.2567, F.S.; authorizing
47	the Department of Revenue to seek a waiver from certain
48	application requirements from the United States Department
49	of Health and Human Services under certain conditions;
50	amending s. 409.259, F.S.; extending the deadline for
51	implementing electronic filing in Title IV-D cases to
52	coincide with completion of the department's Child Support
53	Automated Management System II; amending s. 409.910, F.S.;
54	authorizing the Agency for Health Care Administration to
55	provide health insurance information to the Department of
56	Revenue for administering the Title IV-D program;
57	requiring the agency and the department to enter into a
58	cooperative agreement to implement the requirement;
59	amending s. 414.095, F.S.; requiring a family to assign
60	rights to receive certain financial support to the
61	Department of Revenue, rather than the Department of
62	Children and Family Services, as a condition of receiving
63	temporary cash assistance; amending s. 741.01, F.S.;
64	providing that an application for a marriage license must
65	allow both parties to the marriage to state under oath and
66	in writing if they are the parents of any child born in
67	the state and to identify any child they have in common;
68	requiring the name of any child recorded by both parties
69	to be transmitted to the Department of Health; amending
70	ss. 63.054, 63.0541, 63.062, 63.085, 63.089, 88.2011,
71	409.2572, and 742.021, F.S.; conforming references to
72	changes made by the act; providing effective dates.
73
74	Be It Enacted by the Legislature of the State of Florida:
75
76	Section 1.  Paragraphs (b) and (d) of subsection (1) of
77	section 61.13, Florida Statutes, are amended to read:
78	61.13  Support of children; parenting and time-sharing;
79	powers of court.-
80	(1)
81	(b)  Each order for support shall contain a provision for
82	health insurance for the minor child when health insurance is
83	reasonable in cost and accessible to the child. Health insurance
84	is presumed to be reasonable in cost if the incremental cost of
85	adding health insurance for the child or children does not
86	exceed 5 percent of the gross income, as defined in s. 61.30, of
87	the parent responsible for providing health insurance. Health
88	insurance is accessible to the child if the health insurance is
89	available to be used in the county of the child's primary
90	residence or in another county if the parent who has the most
91	time under the time-sharing plan agrees. If the time-sharing
92	plan provides for equal time-sharing, health insurance is
93	accessible to the child if the health insurance is available to
94	be used in either county where the child resides or in another
95	county if both parents agree. The court may require the obligor
96	to provide health insurance or to reimburse the obligee for the
97	cost of health insurance for the minor child when insurance is
98	provided by the obligee. The presumption of reasonable cost may
99	be rebutted by evidence of any of the factors in s.
100	61.30(11)(a). The court may deviate from what is presumed
101	reasonable in cost only upon a written finding explaining its
102	determination why ordering or not ordering the provision of
103	health insurance or the reimbursement of the obligee's cost for
104	providing health insurance for the minor child would be unjust
105	or inappropriate. In any event, the court shall apportion the
106	cost of health insurance, and any noncovered medical, dental,
107	and prescription medication expenses of the child, to both
108	parties by adding the cost to the basic obligation determined
109	pursuant to s. 61.30(6). The court may order that payment of
110	noncovered medical, dental, and prescription medication expenses
111	of the minor child be made directly to the obligee on a
112	percentage basis. In a proceeding for medical support only, each
113	parent's share of the child's health insurance and noncovered
114	medical expenses shall equal the parent's percentage share of
115	the combined net income of the parents. The percentage share
116	shall be calculated by dividing each parent's net monthly income
117	by the combined monthly net income of both parents. Net income
118	is calculated as specified by s. 61.30(3) and (4).
119	1.  In a non-Title IV-D case, a copy of the court order for
120	health insurance shall be served on the obligor's union or
121	employer by the obligee when the following conditions are met:
122	a.  The obligor fails to provide written proof to the
123	obligee within 30 days after receiving effective notice of the
124	court order that the health insurance has been obtained or that
125	application for health insurance has been made;
126	b.  The obligee serves written notice of intent to enforce
127	an order for health insurance on the obligor by mail at the
128	obligor's last known address; and
129	c.  The obligor fails within 15 days after the mailing of
130	the notice to provide written proof to the obligee that the
131	health insurance existed as of the date of mailing.
132	2.a.  A support order enforced under Title IV-D of the
133	Social Security Act which requires that the obligor provide
134	health insurance is enforceable by the department through the
135	use of the national medical support notice, and an amendment to
136	the support order is not required. The department shall transfer
137	the national medical support notice to the obligor's union or
138	employer. The department shall notify the obligor in writing
139	that the notice has been sent to the obligor's union or
140	employer, and the written notification must include the
141	obligor's rights and duties under the national medical support
142	notice. The obligor may contest the withholding required by the
143	national medical support notice based on a mistake of fact. To
144	contest the withholding, the obligor must file a written notice
145	of contest with the department within 15 business days after the
146	date the obligor receives written notification of the national
147	medical support notice from the department. Filing with the
148	department is complete when the notice is received by the person
149	designated by the department in the written notification. The
150	notice of contest must be in the form prescribed by the
151	department. Upon the timely filing of a notice of contest, the
152	department shall, within 5 business days, schedule an informal
153	conference with the obligor to discuss the obligor's factual
154	dispute. If the informal conference resolves the dispute to the
155	obligor's satisfaction or if the obligor fails to attend the
156	informal conference, the notice of contest is deemed withdrawn.
157	If the informal conference does not resolve the dispute, the
158	obligor may request an administrative hearing under chapter 120
159	within 5 business days after the termination of the informal
160	conference, in a form and manner prescribed by the department.
161	However, the filing of a notice of contest by the obligor does
162	not delay the withholding of premium payments by the union,
163	employer, or health plan administrator. The union, employer, or
164	health plan administrator must implement the withholding as
165	directed by the national medical support notice unless notified
166	by the department that the national medical support notice is
167	terminated.
168	b.  In a Title IV-D case, the department shall notify an
169	obligor's union or employer if the obligation to provide health
170	insurance through that union or employer is terminated.
171	3.  In a non-Title IV-D case, upon receipt of the order
172	pursuant to subparagraph 1., or upon application of the obligor
173	pursuant to the order, the union or employer shall enroll the
174	minor child as a beneficiary in the group health plan regardless
175	of any restrictions on the enrollment period and withhold any
176	required premium from the obligor's income. If more than one
177	plan is offered by the union or employer, the child shall be
178	enrolled in the group health plan in which the obligor is
179	enrolled.
180	4.a.  Upon receipt of the national medical support notice
181	under subparagraph 2. in a Title IV-D case, the union or
182	employer shall transfer the notice to the appropriate group
183	health plan administrator within 20 business days after the date
184	on the notice. The plan administrator must enroll the child as a
185	beneficiary in the group health plan regardless of any
186	restrictions on the enrollment period, and the union or employer
187	must withhold any required premium from the obligor's income
188	upon notification by the plan administrator that the child is
189	enrolled. The child shall be enrolled in the group health plan
190	in which the obligor is enrolled. If the group health plan in
191	which the obligor is enrolled is not available where the child
192	resides or if the obligor is not enrolled in group coverage, the
193	child shall be enrolled in the lowest cost group health plan
194	that is accessible to the child.
195	b.  If health insurance or the obligor's employment is
196	terminated in a Title IV-D case, the union or employer that is
197	withholding premiums for health insurance under a national
198	medical support notice must notify the department within 20 days
199	after the termination and provide the obligor's last known
200	address and the name and address of the obligor's new employer,
201	if known.
202	5.a.  The amount withheld by a union or employer in
203	compliance with a support order may not exceed the amount
204	allowed under s. 303(b) of the Consumer Credit Protection Act,
205	15 U.S.C. s. 1673(b), as amended. The union or employer shall
206	withhold the maximum allowed by the Consumer Credit Protection
207	Act in the following order:
208	(I)  Current support, as ordered.
209	(II)  Premium payments for health insurance, as ordered.
210	(III)  Past due support, as ordered.
211	(IV)  Other medical support or insurance, as ordered.
212	b.  If the combined amount to be withheld for current
213	support plus the premium payment for health insurance exceed the
214	amount allowed under the Consumer Credit Protection Act, and the
215	health insurance cannot be obtained unless the full amount of
216	the premium is paid, the union or employer may not withhold the
217	premium payment. However, the union or employer shall withhold
218	the maximum allowed in the following order:
219	(I)  Current support, as ordered.
220	(II)  Past due support, as ordered.
221	(III)  Other medical support or insurance, as ordered.
222	6.  An employer, union, or plan administrator who does not
223	comply with the requirements in sub-subparagraph 4.a. is subject
224	to a civil penalty not to exceed $250 for the first violation
225	and $500 for subsequent violations, plus attorney's fees and
226	costs. The department may file a petition in circuit court to
227	enforce the requirements of this subparagraph.
228	7.  The department may adopt rules to administer the child
229	support enforcement provisions of this section that affect Title
230	IV-D cases.
231	(d)1.  All child support orders shall provide the full name
232	and date of birth of each minor child who is the subject of the
233	child support order.
234	2.  If both parties request and the court finds that it is
235	in the best interest of the child, support payments need not be
236	subject to immediate income deduction. Support orders that are
237	not subject to immediate income deduction may be directed
238	through the depository under s. 61.181 or made payable directly
239	to the obligee. Payments for all support orders that provide for
240	immediate income deduction shall be made to the State
241	Disbursement Unit. The court shall provide a copy of the order
242	to the depository.
243	3.  For support orders payable directly to the obligee that
244	do not provide for immediate income deduction, any party, or the
245	department IV-D agency in a IV-D case, may subsequently file an
246	affidavit with the depository State Disbursement Unit alleging a
247	default in payment of child support and stating that the party
248	wishes to require that payments be made through the depository
249	State Disbursement Unit. The party shall provide copies of the
250	affidavit to the court and to each other party. Fifteen days
251	after receipt of the affidavit, the depository State
252	Disbursement Unit shall notify all parties that future payments
253	shall be paid through the depository, except that income
254	deduction payments shall be made to the State Disbursement Unit.
255	Section 2.  Subsection (15) of section 61.30, Florida
256	Statutes, is amended to read:
257	61.30  Child support guidelines; retroactive child
258	support.-
259	(15)  For purposes of establishing an obligation for
260	support in accordance with this section, if a person who is
261	receiving public assistance is found to be noncooperative as
262	defined in s. 409.2572, the department IV-D agency is authorized
263	to submit to the court an affidavit or written declaration
264	signed under penalty of perjury pursuant to s. 92.525(2)
265	attesting to the income of that parent based upon information
266	available to the department IV-D agency.
267	Section 3.  Subsection (2) of section 382.015, Florida
268	Statutes, is amended to read:
269	382.015  New certificates of live birth; duty of clerks of
270	court and department.-The clerk of the court in which any
271	proceeding for adoption, annulment of an adoption, affirmation
272	of parental status, or determination of paternity is to be
273	registered, shall within 30 days after the final disposition,
274	forward to the department a certified copy of the court order,
275	or a report of the proceedings upon a form to be furnished by
276	the department, together with sufficient information to identify
277	the original birth certificate and to enable the preparation of
278	a new birth certificate. The clerk of the court shall implement
279	a monitoring and quality control plan to ensure that all
280	judicial determinations of paternity are reported to the
281	department in compliance with this section. The department shall
282	track paternity determinations reported monthly by county,
283	monitor compliance with the 30-day timeframe, and report the
284	data to the clerks of the court quarterly.
285	(2)  DETERMINATION OF PATERNITY.-Upon receipt of the
286	report, or a certified copy of a final decree of determination
287	of paternity, or a certified copy of a final judgment of
288	dissolution of marriage that requires the former husband to pay
289	support for the child, together with sufficient information to
290	identify the original certificate of live birth, the department
291	shall prepare and file a new birth certificate which shall bear
292	the same file number as the original birth certificate. The
293	registrant's name shall be entered as decreed by the court or as
294	reflected in the final judgment. The names and identifying
295	information of the parents shall be entered as of the date of
296	the registrant's birth.
297	Section 4.  Paragraph (b) of subsection (1) of section
298	382.016, Florida Statutes, is amended to read:
299	382.016  Amendment of records.-The department, upon receipt
300	of the fee prescribed in s. 382.0255; documentary evidence, as
301	specified by rule, of any misstatement, error, or omission
302	occurring in any birth, death, or fetal death record; and an
303	affidavit setting forth the changes to be made, shall amend or
304	replace the original certificate as necessary.
305	(1)  CERTIFICATE OF LIVE BIRTH AMENDMENT.-
306	(b)  Upon written request and receipt of an affidavit, a
307	notarized voluntary acknowledgment of paternity signed by the
308	mother and father acknowledging the paternity of a registrant
309	born out of wedlock, or a voluntary acknowledgment of paternity
310	that is witnessed by two individuals and signed under penalty of
311	perjury as specified by s. 92.525(2), together with sufficient
312	information to identify the original certificate of live birth,
313	the department shall prepare a new birth certificate, which
314	shall bear the same file number as the original birth
315	certificate. The names and identifying information of the
316	parents shall be entered as of the date of the registrant's
317	birth. The surname of the registrant may be changed from that
318	shown on the original birth certificate at the request of the
319	mother and father of the registrant, or the registrant if of
320	legal age. If the mother and father marry each other at any time
321	after the registrant's birth, the department shall, upon receipt
322	of a marriage license that identifies the registrant, or upon
323	the request of the mother and father or the registrant if the
324	registrant is of legal age, and upon proof of the marriage,
325	amend the certificate with regard to the parents' marital status
326	as though the parents were married at the time of birth. The
327	department shall substitute the new certificate of birth for the
328	original certificate on file. All copies of the original
329	certificate of live birth in the custody of a local registrar or
330	other state custodian of vital records shall be forwarded to the
331	State Registrar. Thereafter, when a certified copy of the
332	certificate of birth or portion thereof is issued, it shall be a
333	copy of the new certificate of birth or portion thereof, except
334	when a court order requires issuance of a certified copy of the
335	original certificate of birth. Except for a birth certificate on
336	which a father is listed pursuant to an affidavit, a notarized
337	voluntary acknowledgment of paternity signed by the mother and
338	father acknowledging the paternity of a registrant born out of
339	wedlock, or a voluntary acknowledgment of paternity that is
340	witnessed by two individuals and signed under penalty of perjury
341	as specified by s. 92.525(2), the department shall place the
342	original certificate of birth and all papers pertaining thereto
343	under seal, not to be broken except by order of a court of
344	competent jurisdiction or as otherwise provided by law.
345	Section 5.  Paragraph (b) of subsection (3) of section
346	409.2558, Florida Statutes, is amended to read:
347	409.2558  Support distribution and disbursement.-
348	(3)  UNDISTRIBUTABLE COLLECTIONS.-
349	(b)  Collections that are determined to be undistributable
350	shall be processed in the following order of priority:
351	1.  Apply the payment to any financial liability incurred
352	by the obligor as a result of a previous payment returned to the
353	department for insufficient funds; then
354	2.  Apply the payment to any financial liability incurred
355	by the obligor as a result of an overpayment to the obligor that
356	the obligor has failed to return to the department after notice;
357	then
358	3.  Apply the payment to any financial liability incurred
359	by the obligee as a result of an overpayment to the obligee that
360	the obligee has failed to return to the department after notice;
361	then
362	4.1.  Apply the payment to any assigned arrears on the
363	obligee's case; then
364	5.2.  Apply the payment to any administrative costs ordered
365	by the court pursuant to s. 409.2567 associated with the
366	obligee's case; then
367	6.3.  When the obligor is subject to a valid order to
368	support another child in a case with a different obligee and the
369	obligation is being enforced by the department, the department
370	shall send by certified mail, restricted delivery, return
371	receipt requested, to the obligor at the most recent address
372	provided by the obligor to the tribunal that issued the order, a
373	notice stating the department's intention to apply the payment
374	pursuant to this subparagraph, and advising the obligor of the
375	right to contest the department's proposed action in the circuit
376	court by filing and serving a petition on the department within
377	30 days after the mailing of the notice. If the obligor does not
378	file and serve a petition within the 30 days after mailing of
379	the notice, or upon a disposition of the judicial action
380	favorable to the department, the department shall apply the
381	payment toward his or her other support obligation. If there is
382	more than one such other case, the department shall allocate the
383	remaining undistributable amount as specified by s.
384	61.1301(4)(c); then
385	7.4.  Return the payment to the obligor; then
386	8.5.  If the obligor cannot be located after diligent
387	efforts by the department, the federal share of the payment
388	shall be credited to the Federal Government and the state share
389	shall be transferred to the General Revenue Fund.
390	Section 6.  Effective July 1, 2010, paragraph (d) is added
391	to subsection (3) of section 409.2558, Florida Statutes, to
392	read:
393	409.2558  Support distribution and disbursement.-
394	(3)  UNDISTRIBUTABLE COLLECTIONS.-
395	(d)  If a payment of less than $1 is made by a paper check
396	on an open Title IV-D case and the payment is not cashed after
397	180 days, or less than $1 is owed on a closed Title IV-D case,
398	the department shall declare the payment as program income,
399	crediting the federal share of the payment to the Federal
400	Government and the state share of the payment to the General
401	Revenue Fund, without attempting to locate either party.
402	Section 7.  Section 409.256, Florida Statutes, is amended
403	to read:
404	409.256  Administrative proceeding to establish paternity
405	or paternity and child support; order to appear for genetic
406	testing.-
407	(1)  DEFINITIONS.-As used in this section, the term:
408	(a)(g)  "Alleged Putative father" means an individual who
409	is or may be the biological father of a child whose paternity
410	has not been established and whose mother was unmarried when the
411	child was conceived and born.
412	(b)(a)  "Another state" or "other state" means a state of
413	the United States, the District of Columbia, Puerto Rico, the
414	United States Virgin Islands, or any territory or insular
415	possession subject to the jurisdiction of the United States. The
416	term includes:
417	1.  An Indian tribe.
418	2.  A foreign jurisdiction that has enacted a law or
419	established procedures for issuance and enforcement of support
420	orders which are substantially similar to the procedures under
421	this act, the Uniform Reciprocal Enforcement of Support Act, or
422	the Revised Uniform Reciprocal Enforcement of Support Act, as
423	determined by the Attorney General.
424	(c)(b)  "Caregiver Custodian" means a person, other than
425	the mother, father, or an alleged a putative father, who has
426	physical custody of a child or with whom the child primarily
427	resides. References in this section to the obligation of a
428	caregiver custodian to submit to genetic testing mean that the
429	caregiver custodian is obligated to submit the child for genetic
430	testing, not that the caregiver custodian must submit to genetic
431	testing.
432	(d)(c)  "Filed" means a document has been received and
433	accepted for filing at the offices of the department of Revenue
434	by the clerk or an authorized deputy clerk designated by the
435	department.
436	(e)(d)  "Genetic testing" means a scientific analysis of
437	genetic markers that is performed by a qualified technical
438	laboratory only to exclude an individual as the parent of a
439	child or to show a probability of paternity.
440	(f)(e)  "Paternity and child support proceeding" means an
441	administrative action commenced by the department of Revenue to
442	order genetic testing, establish paternity, and establish an
443	administrative support order pursuant to this section.
444	(g)(f)  "Paternity proceeding" means an administrative
445	action commenced by the department of Revenue to order genetic
446	testing and establish paternity pursuant to this section.
447	(h)  "Qualified technical laboratory" means a genetic-
448	testing laboratory that may be under contract with the
449	department of Revenue, that uses tests and methods of a type
450	generally acknowledged as reliable by accreditation
451	organizations recognized by the United States Department of
452	Health and Human Services, and that is approved by such an
453	accreditation organization. The term includes a genetic-testing
454	laboratory used by another state, if the laboratory has
455	comparable qualifications.
456	(i)  "Rendered" means that a signed written order is filed
457	with the clerk or a deputy clerk of the department of Revenue
458	and served on the respondent. The date of filing must be
459	indicated on the face of the order at the time of rendition.
460	(j)  "Respondent" means the person or persons served by the
461	department of Revenue with a notice of proceeding pursuant to
462	subsection (4). The term includes the alleged putative father
463	and may include the mother or the caregiver custodian of the
464	child.
465	(k)  "This state" or "the state" means the State of
466	Florida.
467	(2)  JURISDICTION; LOCATION OF HEARINGS; RIGHT OF ACCESS TO
468	THE COURTS.-
469	(a)  The department of Revenue may commence a paternity
470	proceeding or a paternity and child support proceeding as
471	provided in subsection (4) if:
472	1.  The child's paternity has not been established.
473	2.  No one is named as the father on the child's birth
474	certificate or the person named as the father is the alleged
475	putative father named in an affidavit or a written declaration
476	as provided in subparagraph 5.
477	3.  The child's mother was unmarried when the child was
478	conceived and born.
479	4.  The department of Revenue is providing services under
480	Title IV-D.
481	5.  The child's mother or an alleged a putative father has
482	stated in an affidavit, or in a written declaration as provided
483	in s. 92.525(2) that the alleged putative father is or may be
484	the child's biological father. The affidavit or written
485	declaration must set forth the factual basis for the allegation
486	of paternity as provided in s. 742.12(2).
487	(b)  If the department of Revenue receives a request from
488	another state to assist in the establishment of paternity, the
489	department may serve an order to appear for genetic testing on a
490	person who resides in this state and transmit the test results
491	to the other state without commencing a paternity proceeding in
492	this state.
493	(c)  The department of Revenue may use the procedures
494	authorized by this section against a nonresident over whom this
495	state may assert personal jurisdiction under chapter 48 or
496	chapter 88.
497	(d)  If an alleged a putative father, mother, or caregiver
498	custodian in a Title IV-D case voluntarily submits to genetic
499	testing, the department of Revenue may schedule that individual
500	or the child for genetic testing without serving that individual
501	with an order to appear for genetic testing. A respondent or
502	other person who is subject to an order to appear for genetic
503	testing may waive, in writing or on the record at an
504	administrative hearing, formal service of notices or orders or
505	waive any other rights or time periods prescribed by this
506	section.
507	(e)  Whenever practicable, hearings held by the Division of
508	Administrative Hearings pursuant to this section shall be held
509	in the judicial circuit where the person receiving services
510	under Title IV-D resides or, if the person receiving services
511	under Title IV-D does not reside in this state, in the judicial
512	circuit where the respondent resides. If the department of
513	Revenue and the respondent agree, the hearing may be held in
514	another location. If ordered by the administrative law judge,
515	the hearing may be conducted telephonically or by
516	videoconference.
517	(f)  The Legislature does not intend to limit the
518	jurisdiction of the circuit courts to hear and determine issues
519	regarding establishment of paternity. This section is intended
520	to provide the department of Revenue with an alternative
521	procedure for establishing paternity and child support
522	obligations in Title IV-D cases. This section does not prohibit
523	a person who has standing from filing a civil action in circuit
524	court for a determination of paternity or of child support
525	obligations.
526	(g)  Section 409.2563(2)(e), (f), and (g) apply to a
527	proceeding under this section.
528	(3)  MULTIPLE ALLEGED PUTATIVE FATHERS; MULTIPLE CHILDREN.-
529	If more than one alleged putative father has been named, the
530	department of Revenue may proceed under this section against a
531	single alleged putative father or may proceed simultaneously
532	against more than one alleged putative father. If an alleged a
533	putative father has been named as a possible father of more than
534	one child born to the same mother, the department may proceed to
535	establish the paternity of each child in the same proceeding.
536	(4)  NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR
537	PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC
538	TESTING; MANNER OF SERVICE; CONTENTS.-The department of Revenue
539	shall commence a proceeding to determine paternity, or a
540	proceeding to determine both paternity and child support, by
541	serving the respondent with a notice as provided in this
542	section. An order to appear for genetic testing may be served at
543	the same time as a notice of the proceeding or may be served
544	separately. A copy of the affidavit or written declaration upon
545	which the proceeding is based shall be provided to the
546	respondent when notice is served. A notice or order to appear
547	for genetic testing shall be served by certified mail,
548	restricted delivery, return receipt requested, or in accordance
549	with the requirements for service of process in a civil action.
550	Service by certified mail is completed when the certified mail
551	is received or refused by the addressee or by an authorized
552	agent as designated by the addressee in writing. If a person
553	other than the addressee signs the return receipt, the
554	department shall attempt to reach the addressee by telephone to
555	confirm whether the notice was received, and the department
556	shall document any telephonic communications. If someone other
557	than the addressee signs the return receipt, the addressee does
558	not respond to the notice, and the department is unable to
559	confirm that the addressee has received the notice, service is
560	not completed and the department shall attempt to have the
561	addressee served personally. For purposes of this section, an
562	employee or an authorized agent of the department may serve the
563	notice or order to appear for genetic testing and execute an
564	affidavit of service. The department may serve an order to
565	appear for genetic testing on a caregiver custodian. The
566	department shall provide a copy of the notice or order to appear
567	by regular mail to the mother and caregiver custodian, if they
568	are not respondents.
569	(a)  A notice of proceeding to establish paternity must
570	state:
571	1.  That the department has commenced an administrative
572	proceeding to establish whether the alleged putative father is
573	the biological father of the child named in the notice.
574	2.  The name and date of birth of the child and the name of
575	the child's mother.
576	3.  That the alleged putative father has been named in an
577	affidavit or written declaration that states the alleged
578	putative father is or may be the child's biological father.
579	4.  That the respondent is required to submit to genetic
580	testing.
581	5.  That genetic testing will establish either a high
582	degree of probability that the alleged putative father is the
583	biological father of the child or that the alleged putative
584	father cannot be the biological father of the child.
585	6.  That if the results of the genetic test do not indicate
586	a statistical probability of paternity that equals or exceeds 99
587	percent, the paternity proceeding in connection with that child
588	shall cease unless a second or subsequent test is required.
589	7.  That if the results of the genetic test indicate a
590	statistical probability of paternity that equals or exceeds 99
591	percent, the department may:
592	a.  Issue a proposed order of paternity that the respondent
593	may consent to or contest at an administrative hearing; or
594	b.  Commence a proceeding, as provided in s. 409.2563, to
595	establish an administrative support order for the child. Notice
596	of the proceeding shall be provided to the respondent by regular
597	mail.
598	8.  That, if the genetic test results indicate a
599	statistical probability of paternity that equals or exceeds 99
600	percent and a proceeding to establish an administrative support
601	order is commenced, the department shall issue a proposed order
602	that addresses paternity and child support. The respondent may
603	consent to or contest the proposed order at an administrative
604	hearing.
605	9.  That if a proposed order of paternity or proposed order
606	of both paternity and child support is not contested, the
607	department shall adopt the proposed order and render a final
608	order that establishes paternity and, if appropriate, an
609	administrative support order for the child.
610	10.  That, until the proceeding is ended, the respondent
611	shall notify the department in writing of any change in the
612	respondent's mailing address and that the respondent shall be
613	deemed to have received any subsequent order, notice, or other
614	paper mailed to the most recent address provided or, if a more
615	recent address is not provided, to the address at which the
616	respondent was served, and that this requirement continues if
617	the department renders a final order that establishes paternity
618	and a support order for the child.
619	11.  That the respondent may file an action in circuit
620	court for a determination of paternity, child support
621	obligations, or both.
622	12.  That if the respondent files an action in circuit
623	court and serves the department with a copy of the petition or
624	complaint within 20 days after being served notice under this
625	subsection, the administrative process ends without prejudice
626	and the action must proceed in circuit court.
627	13.  That, if paternity is established, the alleged
628	putative father may file a petition in circuit court for a
629	determination of matters relating to custody and rights of
630	parental contact.
631
632	A notice under this paragraph must also notify the respondent of
633	the provisions in s. 409.2563(4)(m) and (o).
634	(b)  A notice of proceeding to establish paternity and
635	child support must state the requirements of paragraph (a),
636	except for subparagraph (a)7., and must state the requirements
637	of s. 409.2563(4), to the extent that the requirements of s.
638	409.2563(4) are not already required by and do not conflict with
639	this subsection. This section and s. 409.2563 apply to a
640	proceeding commenced under this subsection.
641	(c)  The order to appear for genetic testing shall inform
642	the person ordered to appear:
643	1.  That the department has commenced an administrative
644	proceeding to establish whether the alleged putative father is
645	the biological father of the child.
646	2.  The name and date of birth of the child and the name of
647	the child's mother.
648	3.  That the alleged putative father has been named in an
649	affidavit or written declaration that states the alleged
650	putative father is or may be the child's biological father.
651	4.  The date, time, and place that the person ordered to
652	appear must appear to provide a sample for genetic testing.
653	5.  That if the person has custody of the child whose
654	paternity is the subject of the proceeding, the person must
655	submit the child for genetic testing.
656	6.  That when the samples are provided, the person ordered
657	to appear shall verify his or her identity and the identity of
658	the child, if applicable, by presenting a form of identification
659	as prescribed by s. 117.05(5)(b)2. that bears the photograph of
660	the person who is providing the sample or other form of
661	verification approved by the department.
662	7.  That if the person ordered to appear submits to genetic
663	testing, the department shall pay the cost of the genetic
664	testing and shall provide the person ordered to appear with a
665	copy of any test results obtained.
666	8.  That if the person ordered to appear does not appear as
667	ordered or refuses to submit to genetic testing without good
668	cause, the department may take one or more of the following
669	actions:
670	a.  Commence proceedings to suspend the driver's license
671	and motor vehicle registration of the person ordered to appear,
672	as provided in s. 61.13016;
673	b.  Impose an administrative fine against the person
674	ordered to appear in the amount of $500; or
675	c.  File a petition in circuit court to establish paternity
676	and obtain a support order for the child and an order for costs
677	against the person ordered to appear, including costs for
678	genetic testing.
679	9.  That the person ordered to appear may contest the order
680	by filing a written request for informal discussion review
681	within 15 days after the date of service of the order, with
682	further rights to an administrative hearing following the
683	informal discussion review.
684	(d)  If the alleged putative father is incarcerated, the
685	correctional facility shall assist the alleged putative father
686	in complying with an administrative order to appear for genetic
687	testing issued under this section.
688	(e)  An administrative order to appear for genetic testing
689	has the same force and effect as a court order.
690	(5)  RIGHT TO CONTEST ORDER TO APPEAR FOR GENETIC TESTING.-
691	(a)  The person ordered to appear may contest an order to
692	appear for genetic testing by filing a written request for
693	informal discussion review with the department of Revenue within
694	15 days after the date of service of the order. The purpose of
695	the informal discussion review is to provide the person ordered
696	to appear with an opportunity to discuss the proceedings and the
697	basis of the order. At the conclusion of the informal discussion
698	review, the department shall notify the person ordered to
699	appear, in writing, whether it intends to proceed with the order
700	to appear. If the department notifies the person ordered to
701	appear of its intent to proceed, the notice must inform the
702	person ordered to appear of the right to contest the order at an
703	administrative hearing.
704	(b)  Following an informal discussion review, within 15
705	days after the mailing date of the department's Department of
706	Revenue's notification that the department shall proceed with an
707	order to appear for genetic testing, the person ordered to
708	appear may file a request for an administrative hearing to
709	contest whether the person should be required to submit to
710	genetic testing. A request for an administrative hearing must
711	state the specific reasons why the person ordered to appear
712	believes he or she should not be required to submit to genetic
713	testing as ordered. If the person ordered to appear files a
714	timely request for a hearing, the department shall refer the
715	hearing request to the Division of Administrative Hearings.
716	Unless otherwise provided in this section, administrative
717	hearings are governed by chapter 120 and the uniform rules of
718	procedure. The administrative law judge assigned to the case
719	shall issue an order as to whether the person must submit to
720	genetic testing in accordance with the order to appear. The
721	department or the person ordered to appear may seek immediate
722	judicial review under s. 120.68 of an order issued by an
723	administrative law judge pursuant to this paragraph.
724	(c)  If a timely request for an informal discussion review
725	or an administrative hearing is filed, the department may not
726	proceed under the order to appear for genetic testing and may
727	not impose sanctions for failure or refusal to submit to genetic
728	testing until:
729	1.  The department has notified the person of its intent to
730	proceed after informal discussion review, and a timely request
731	for hearing is not filed;
732	2.  The person ordered to appear withdraws the request for
733	hearing or informal discussion review; or
734	3.  The Division of Administrative Hearings issues an order
735	that the person must submit to genetic testing, or issues an
736	order closing the division's file, and that an order has become
737	final.
738	(d)  If a request for an informal discussion review or
739	administrative hearing is not timely filed, the person ordered
740	to appear is deemed to have waived the right to a hearing, and
741	the department may proceed under the order to appear for genetic
742	testing.
743	(6)  SCHEDULING OF GENETIC TESTING.-
744	(a)  The department of Revenue shall notify, in writing,
745	the person ordered to appear of the date, time, and location of
746	the appointment for genetic testing and of the requirement to
747	verify his or her identity and the identity of the child, if
748	applicable, when the samples are provided by presenting a form
749	of identification as prescribed in s. 117.05(5)(b)2. that bears
750	the photograph of the person who is providing the sample or
751	other form of verification approved by the department. If the
752	person ordered to appear is the alleged putative father or the
753	mother, that person shall appear and submit to genetic testing.
754	If the person ordered to appear is a caregiver custodian, or if
755	the alleged putative father or the mother has custody of the
756	child, that person must submit the child for genetic testing.
757	(b)  The department shall reschedule genetic testing:
758	1.  One time without cause if, in advance of the initial
759	test date, the person ordered to appear requests the department
760	to reschedule the test.
761	2.  One time if the person ordered to appear shows good
762	cause for failure to appear for a scheduled test.
763	3.  One time upon request of a person ordered to appear
764	against whom sanctions have been imposed as provided in
765	subsection (7).
766
767	A claim of good cause for failure to appear shall be filed with
768	the department within 10 days after the scheduled test date and
769	must state the facts and circumstances supporting the claim. The
770	department shall notify the person ordered to appear, in
771	writing, whether it accepts or rejects the person's claim of
772	good cause. There is not a separate right to a hearing on the
773	department's decision to accept or reject the claim of good
774	cause because the person ordered to appear may raise good cause
775	as a defense to any proceeding initiated by the department under
776	subsection (7).
777	(c)  A person ordered to appear may obtain a second genetic
778	test by filing a written request for a second test with the
779	department within 15 days after the date of mailing of the
780	initial genetic testing results and by paying the department in
781	advance for the full cost of the second test.
782	(d)  The department may schedule and require a subsequent
783	genetic test if it has reason to believe the results of the
784	preceding genetic test may not be reliable.
785	(e)  Except as provided in paragraph (c) and subsection
786	(7), the department shall pay for the cost of genetic testing
787	ordered under this section.
788	(7)  FAILURE OR REFUSAL TO SUBMIT TO GENETIC TESTING.-If a
789	person who is served with an order to appear for genetic testing
790	fails to appear without good cause or refuses to submit to
791	testing without good cause, the department may take one or more
792	of the following actions:
793	(a)  Commence a proceeding to suspend the driver's license
794	and motor vehicle registration of the person ordered to appear,
795	as provided in s. 61.13016;
796	(b)  Impose an administrative fine against the person
797	ordered to appear in the amount of $500; or
798	(c)  File a petition in circuit court to establish
799	paternity, obtain a support order for the child, and seek
800	reimbursement from the person ordered to appear for the full
801	cost of genetic testing incurred by the department.
802
803	As provided in s. 322.058(2), a suspended driver's license and
804	motor vehicle registration may be reinstated when the person
805	ordered to appear complies with the order to appear for genetic
806	testing. The department may collect an administrative fine
807	imposed under this subsection by using civil remedies or other
808	statutory means available to the department for collecting
809	support.
810	(8)  GENETIC-TESTING RESULTS.-The department shall send a
811	copy of the genetic-testing results to the alleged putative
812	father, to the mother, to the caregiver custodian, and to the
813	other state, if applicable. If the genetic-testing results,
814	including second or subsequent genetic-testing results, do not
815	indicate a statistical probability of paternity that equals or
816	exceeds 99 percent, the paternity proceeding in connection with
817	that child shall cease.
818	(9)  PROPOSED ORDER OF PATERNITY; COMMENCEMENT OF
819	PROCEEDING TO ESTABLISH ADMINISTRATIVE SUPPORT ORDER; PROPOSED
820	ORDER OF PATERNITY AND CHILD SUPPORT.-
821	(a)  If a paternity proceeding has been commenced under
822	this section and the results of genetic testing indicate a
823	statistical probability of paternity that equals or exceeds 99
824	percent, the department of Revenue may:
825	1.  Issue a proposed order of paternity as provided in
826	paragraph (b); or
827	2.  If appropriate, delay issuing a proposed order of
828	paternity and commence, by regular mail, an administrative
829	proceeding to establish a support order for the child pursuant
830	to s. 409.2563 and issue a single proposed order that addresses
831	paternity and child support.
832	(b)  A proposed order of paternity must:
833	1.  State proposed findings of fact and conclusions of law.
834	2.  Include a copy of the results of genetic testing.
835	3.  Include notice of the respondent's right to informal
836	discussion review and to contest the proposed order of paternity
837	at an administrative hearing.
838	(c)  If a paternity and child support proceeding has been
839	commenced under this section and the results of genetic testing
840	indicate a statistical probability of paternity that equals or
841	exceeds 99 percent, the department of Revenue may issue a single
842	proposed order that addresses paternity as provided in this
843	section and child support as provided in s. 409.2563.
844	(d)  The department of Revenue shall serve a proposed order
845	issued under this section on the respondent by regular mail and
846	shall provide a copy by regular mail to the mother or caregiver
847	custodian if they are not respondents.
848	(10)  INFORMAL DISCUSSION REVIEW; ADMINISTRATIVE HEARING;
849	PRESUMPTION OF PATERNITY.-
850	(a)  Within 10 days after the date of mailing or other
851	service of a proposed order of paternity, the respondent may
852	contact a representative of the department of Revenue at the
853	address or telephone number provided to request an informal
854	discussion review of the proposed order. If an informal
855	discussion review is timely requested, the time for requesting a
856	hearing is extended until 10 days after the department mails
857	notice to the respondent that the informal discussion review has
858	been concluded.
859	(b)  Within 20 days after the mailing date of the proposed
860	order or within 10 days after the mailing date of notice that an
861	informal discussion review has been concluded, whichever is
862	later, the respondent may request an administrative hearing by
863	filing a written request for a hearing with the department of
864	Revenue. A request for a hearing must state the specific
865	objections to the proposed order, the specific objections to the
866	genetic testing results, or both. A respondent who fails to file
867	a timely request for a hearing is deemed to have waived the
868	right to a hearing.
869	(c)  If the respondent files a timely request for a
870	hearing, the department of Revenue shall refer the hearing
871	request to the Division of Administrative Hearings. Unless
872	otherwise provided in this section or in s. 409.2563, chapter
873	120 and the uniform rules of procedure govern the conduct of the
874	proceedings.
875	(d)  The genetic-testing results shall be admitted into
876	evidence and made a part of the hearing record. For purposes of
877	this section, a statistical probability of paternity that equals
878	or exceeds 99 percent creates a presumption, as defined in s.
879	90.304, that the alleged putative father is the biological
880	father of the child. The presumption may be overcome only by
881	clear and convincing evidence. The respondent or the department
882	of Revenue may call an expert witness to refute or support the
883	testing procedure or results or the mathematical theory on which
884	they are based. Verified documentation of the chain of custody
885	of the samples tested is competent evidence to establish the
886	chain of custody.
887	(11)  FINAL ORDER ESTABLISHING PATERNITY OR PATERNITY AND
888	CHILD SUPPORT; CONSENT ORDER; NOTICE TO OFFICE OF VITAL
889	STATISTICS.-
890	(a)  If a hearing is held, the administrative law judge of
891	the Division of Administrative Hearings shall issue a final
892	order that adjudicates paternity or, if appropriate, paternity
893	and child support. A final order of the administrative law judge
894	constitutes final agency action by the department of Revenue.
895	The Division of Administrative Hearings shall transmit any such
896	order to the department for filing and rendering.
897	(b)  If the respondent does not file a timely request for a
898	hearing or consents in writing to entry of a final order without
899	a hearing, the department of Revenue may render a final order of
900	paternity or a final order of paternity and child support, as
901	appropriate.
902	(c)  The department of Revenue shall mail a copy of the
903	final order to the alleged putative father, the mother, and the
904	caregiver custodian, if any. The department shall notify the
905	respondent of the right to seek judicial review of a final order
906	in accordance with s. 120.68.
907	(d)  Upon rendering a final order of paternity or a final
908	order of paternity and child support, the department of Revenue
909	shall notify the Division of Vital Statistics of the Department
910	of Health that the paternity of the child has been established.
911	(e)  A final order rendered pursuant to this section has
912	the same effect as a judgment entered by the court pursuant to
913	chapter 742.
914	(f)  The provisions of s. 409.2563 that apply to a final
915	administrative support order rendered under that section apply
916	to a final order rendered under this section when a child
917	support obligation is established.
918	(12)  RIGHT TO JUDICIAL REVIEW.-A respondent has the right
919	to seek judicial review, in accordance with s. 120.68, of a
920	final order rendered under subsection (11) and an order issued
921	under paragraph (5)(b). The department of Revenue has the right
922	to seek judicial review, in accordance with s. 120.68, of a
923	final order issued by an administrative law judge under
924	subsection (11) and an order issued by an administrative law
925	judge under paragraph (5)(b).
926	(13)  DUTY TO PROVIDE AND MAINTAIN CURRENT MAILING
927	ADDRESS.-Until a proceeding that has been commenced under this
928	section has ended, a respondent who is served with a notice of
929	proceeding must inform the department of Revenue in writing of
930	any change in the respondent's mailing address and is deemed to
931	have received any subsequent order, notice, or other paper
932	mailed to that address, or the address at which the respondent
933	was served, if the respondent has not provided a more recent
934	address.
935	(14)  PROCEEDINGS IN CIRCUIT COURT.-The results of genetic
936	testing performed pursuant to this section are admissible as
937	evidence to the same extent as scientific testing ordered by the
938	court pursuant to chapter 742.
939	(15)  GENDER NEUTRAL.-This section shall be construed
940	impartially, regardless of a person's gender, and applies with
941	equal force to the mother of a child whose paternity has not
942	been established and is not presumed by law.
943	(16)  REMEDIES SUPPLEMENTAL.-The remedies provided in this
944	section are supplemental and in addition to other remedies
945	available to the department for the establishment of paternity
946	and child support obligations.
947	(17)  RULEMAKING AUTHORITY.-The department may adopt rules
948	to implement this section.
949	Section 8.  Paragraph (b) of subsection (1), paragraph (d)
950	of subsection (2), subsection (4), paragraphs (a) and (b) of
951	subsection (5), paragraphs (d) and (e) of subsection (7), and
952	subsection (13) of section 409.2563, Florida Statutes, are
953	amended to read:
954	409.2563  Administrative establishment of child support
955	obligations.-
956	(1)  DEFINITIONS.-As used in this section, the term:
957	(b)  "Caregiver Caretaker relative" means a person other
958	than the mother, father, or alleged father who has physical
959	custody of a child or with whom the child primarily resides has
960	the same meaning ascribed in s. 414.0252(11).
961
962	Other terms used in this section have the meanings ascribed in
963	ss. 61.046 and 409.2554.
964	(2)  PURPOSE AND SCOPE.-
965	(d)  Either parent, or a caregiver caretaker relative if
966	applicable, may at any time file a civil action in a circuit
967	court having jurisdiction and proper venue to determine parental
968	support obligations, if any. A support order issued by a circuit
969	court prospectively supersedes an administrative support order
970	rendered by the department.
971	(4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
972	SUPPORT ORDER.-To commence a proceeding under this section, the
973	department shall provide to the parent from whom support is not
974	being sought and serve the parent from whom support is being
975	sought with a notice of proceeding to establish administrative
976	support order and a blank financial affidavit form. The notice
977	must state:
978	(a)  The names of both parents, the name of the caregiver
979	caretaker relative, if any, and the name and date of birth of
980	the child or children;
981	(b)  That the department intends to establish an
982	administrative support order as defined in this section;
983	(c)  That both parents must submit a completed financial
984	affidavit to the department within 20 days after receiving the
985	notice, as provided by paragraph (13)(a);
986	(d)  That both parents, or a parent and the caregiver
987	caretaker relative if applicable, are required to furnish to the
988	department information regarding their identities and locations,
989	as provided by paragraph (13)(b);
990	(e)  That both parents, or a parent and the caregiver
991	caretaker relative if applicable, are required to promptly
992	notify the department of any change in their mailing addresses
993	to ensure receipt of all subsequent pleadings, notices, and
994	orders, as provided by paragraph (13)(c);
995	(f)  That the department will calculate support obligations
996	based on the child support guidelines schedule in s. 61.30 and
997	using all available information, as provided by paragraph
998	(5)(a), and will incorporate such obligations into a proposed
999	administrative support order;
1000	(g)  That the department will send by regular mail to both
1001	parents, or to a parent and the caregiver caretaker relative if
1002	applicable, a copy of the proposed administrative support order,
1003	the department's child support worksheet, and any financial
1004	affidavits submitted by a parent or prepared by the department;
1005	(h)  That the parent from whom support is being sought may
1006	file a request for a hearing in writing within 20 days after the
1007	date of mailing or other service of the proposed administrative
1008	support order or will be deemed to have waived the right to
1009	request a hearing;
1010	(i)  That if the parent from whom support is being sought
1011	does not file a timely request for hearing after service of the
1012	proposed administrative support order, the department will issue
1013	an administrative support order that incorporates the findings
1014	of the proposed administrative support order, and will send by
1015	regular mail a copy of the administrative support order to both
1016	parents, or a parent and the caregiver caretaker relative if
1017	applicable;
1018	(j)  That after an administrative support order is
1019	rendered, the department will file a copy of the order with the
1020	clerk of the circuit court;
1021	(k)  That after an administrative support order is
1022	rendered, the department may enforce the administrative support
1023	order by any lawful means;
1024	(l)  That either parent, or the caregiver caretaker
1025	relative if applicable, may file at any time a civil action in a
1026	circuit court having jurisdiction and proper venue to determine
1027	parental support obligations, if any, and that a support order
1028	issued by a circuit court supersedes an administrative support
1029	order rendered by the department;
1030	(m)  That, neither the department nor the Division of
1031	Administrative Hearings has jurisdiction to award or change
1032	child custody or rights of parental contact or time-sharing and
1033	these issues may only be addressed in circuit court.
1034	1.  The parent from whom support is being sought may
1035	request in writing that the department proceed in circuit court
1036	to determine his or her support obligations.
1037	2.  The parent from whom support is being sought may state
1038	in writing to the department his or her intention to address
1039	issues concerning custody or rights to parental contact in
1040	circuit court.
1041	3.  If the parent from whom support is being sought submits
1042	the request authorized in subparagraph 1., or the statement
1043	authorized in subparagraph 2. to the department within 20 days
1044	after the receipt of the initial notice, the department shall
1045	file a petition in circuit court for the determination of the
1046	parent's child support obligations, and shall send to the parent
1047	from whom support is being sought a copy of its petition, a
1048	notice of commencement of action, and a request for waiver of
1049	service of process as provided in the Florida Rules of Civil
1050	Procedure.
1051	4.  If, within 10 days after receipt of the department's
1052	petition and waiver of service, the parent from whom support is
1053	being sought signs and returns the waiver of service form to the
1054	department, the department shall terminate the administrative
1055	proceeding without prejudice and proceed in circuit court.
1056	5.  In any circuit court action filed by the department
1057	pursuant to this paragraph or filed by a parent from whom
1058	support is being sought or other person pursuant to paragraph
1059	(l) or paragraph (n), the department shall be a party only with
1060	respect to those issues of support allowed and reimbursable
1061	under Title IV-D of the Social Security Act. It is the
1062	responsibility of the parent from whom support is being sought
1063	or other person to take the necessary steps to present other
1064	issues for the court to consider.
1065	(n)  That if the parent from whom support is being sought
1066	files an action in circuit court and serves the department with
1067	a copy of the petition within 20 days after being served notice
1068	under this subsection, the administrative process ends without
1069	prejudice and the action must proceed in circuit court;
1070	(o)  Information provided by the Office of State Courts
1071	Administrator concerning the availability and location of self-
1072	help programs for those who wish to file an action in circuit
1073	court but who cannot afford an attorney.
1074
1075	The department may serve the notice of proceeding to establish
1076	administrative support order by certified mail, restricted
1077	delivery, return receipt requested. Alternatively, the
1078	department may serve the notice by any means permitted for
1079	service of process in a civil action. For purposes of this
1080	section, an authorized employee of the department may serve the
1081	notice and execute an affidavit of service. Service by certified
1082	mail is completed when the certified mail is received or refused
1083	by the addressee or by an authorized agent as designated by the
1084	addressee in writing. If a person other than the addressee signs
1085	the return receipt, the department shall attempt to reach the
1086	addressee by telephone to confirm whether the notice was
1087	received, and the department shall document any telephonic
1088	communications. If someone other than the addressee signs the
1089	return receipt, the addressee does not respond to the notice,
1090	and the department is unable to confirm that the addressee has
1091	received the notice, service is not completed and the department
1092	shall attempt to have the addressee served personally. The
1093	department shall provide the parent from whom support is not
1094	being sought or the caregiver caretaker relative with a copy of
1095	the notice by regular mail to the last known address of the
1096	parent from whom support is not being sought or the caregiver
1097	caretaker.
1098	(5)  PROPOSED ADMINISTRATIVE SUPPORT ORDER.-
1099	(a)  After serving notice upon a parent in accordance with
1100	subsection (4), the department shall calculate that parent's
1101	child support obligation under the child support guidelines
1102	schedule as provided by s. 61.30, based on any timely financial
1103	affidavits received and other information available to the
1104	department. If either parent fails to comply with the
1105	requirement to furnish a financial affidavit, the department may
1106	proceed on the basis of information available from any source,
1107	if such information is sufficiently reliable and detailed to
1108	allow calculation of guideline schedule amounts under s. 61.30.
1109	If a parent receives public assistance and fails to submit a
1110	financial affidavit, the department may submit a financial
1111	affidavit or written declaration for that parent pursuant to s.
1112	61.30(15). If there is a lack of sufficient reliable information
1113	concerning a parent's actual earnings for a current or past
1114	period, it shall be presumed for the purpose of establishing a
1115	support obligation that the parent had an earning capacity equal
1116	to the federal minimum wage during the applicable period.
1117	(b)  The department shall send by regular mail to both
1118	parents, or to a parent and the caregiver caretaker relative if
1119	applicable, copies of the proposed administrative support order,
1120	its completed child support worksheet, and any financial
1121	affidavits submitted by a parent or prepared by the department.
1122	The proposed administrative support order must contain the same
1123	elements as required for an administrative support order under
1124	paragraph (7)(e).
1125	(7)  ADMINISTRATIVE SUPPORT ORDER.-
1126	(d)  The department shall send by regular mail a copy of
1127	the administrative support order, or the final order denying an
1128	administrative support order, to both parents, or a parent and
1129	the caregiver caretaker relative if applicable. The parent from
1130	whom support is being sought shall be notified of the right to
1131	seek judicial review of the administrative support order in
1132	accordance with s. 120.68.
1133	(e)  An administrative support order must comply with ss.
1134	61.13(1) and 61.30. The department shall develop a standard form
1135	or forms for administrative support orders. An administrative
1136	support order must provide and state findings, if applicable,
1137	concerning:
1138	1.  The full name and date of birth of the child or
1139	children;
1140	2.  The name of the parent from whom support is being
1141	sought and the other parent or the caregiver caretaker relative;
1142	3.  The parent's duty and ability to provide support;
1143	4.  The amount of the parent's monthly support obligation;
1144	5.  Any obligation to pay retroactive support;
1145	6.  The parent's obligation to provide for the health care
1146	needs of each child, whether through health insurance,
1147	contribution towards the cost of health insurance, payment or
1148	reimbursement of health care expenses for the child, or any
1149	combination thereof;
1150	7.  The beginning date of any required monthly payments and
1151	health insurance;
1152	8.  That all support payments ordered must be paid to the
1153	Florida State Disbursement Unit as provided by s. 61.1824;
1154	9.  That the parents, or the caregiver caretaker relative
1155	if applicable, must file with the department when the
1156	administrative support order is rendered, if they have not
1157	already done so, and update as appropriate the information
1158	required pursuant to paragraph (13)(b);
1159	10.  That both parents, or a parent and the caregiver
1160	caretaker relative if applicable, are required to promptly
1161	notify the department of any change in their mailing addresses
1162	pursuant to paragraph (13)(c); and
1163	11.  That if the parent ordered to pay support receives
1164	unemployment compensation benefits, the payor shall withhold,
1165	and transmit to the department, 40 percent of the benefits for
1166	payment of support, not to exceed the amount owed.
1167
1168	An income deduction order as provided by s. 61.1301 must be
1169	incorporated into the administrative support order or, if not
1170	incorporated into the administrative support order, the
1171	department or the Division of Administrative Hearings shall
1172	render a separate income deduction order.
1173	(13)  REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT TO
1174	ADDRESS OF RECORD.-In all proceedings pursuant to this section:
1175	(a)  Each parent must execute and furnish to the
1176	department, no later than 20 days after receipt of the notice of
1177	proceeding to establish administrative support order, a
1178	financial affidavit in the form prescribed by the department. An
1179	updated financial affidavit must be executed and furnished to
1180	the department at the inception of each proceeding to modify an
1181	administrative support order. A caregiver is Caretaker relatives
1182	are not required to furnish a financial affidavit affidavits.
1183	(b)  Each parent and the caregiver caretaker relative if
1184	applicable, shall disclose to the department, no later than 20
1185	days after receipt of the notice of proceeding to establish
1186	administrative support order, and update as appropriate,
1187	information regarding his or her identity and location,
1188	including names he or she is known by; social security number;
1189	residential and mailing addresses; telephone numbers; driver's
1190	license numbers; and names, addresses, and telephone numbers of
1191	employers. Pursuant to the federal Personal Responsibility and
1192	Work Opportunity Reconciliation Act of 1996, each person must
1193	provide his or her social security number in accordance with
1194	this section. Disclosure of social security numbers obtained
1195	through this requirement shall be limited to the purpose of
1196	administration of the Title IV-D program for child support
1197	enforcement.
1198	(c)  Each parent and the caregiver caretaker relative, if
1199	applicable, has a continuing obligation to promptly inform the
1200	department in writing of any change in his or her mailing
1201	address to ensure receipt of all subsequent pleadings, notices,
1202	payments, statements, and orders, and receipt is presumed if
1203	sent by regular mail to the most recent address furnished by the
1204	person.
1205	Section 9.  Subsection (7) of section 409.25635, Florida
1206	Statutes, is amended to read:
1207	409.25635  Determination and collection of noncovered
1208	medical expenses.-
1209	(7)  COLLECTION ACTION; ADMINISTRATIVE REMEDIES.-Any
1210	administrative remedy available for collection of support may be
1211	used to collect noncovered medical expenses that are determined
1212	or established under this section. The department may collect
1213	noncovered medical expenses in installments by adding a periodic
1214	payment to an income deduction notice issued by the department.
1215	Section 10.  Effective November 1, 2010, subsections (4),
1216	(5), (7), (8), (9), and (11) of section 409.2564, Florida
1217	Statutes, are amended to read:
1218	409.2564  Actions for support.-
1219	(4)  Whenever the Department of Revenue has undertaken an
1220	action for enforcement of support, the Department of Revenue may
1221	enter into an agreement with the obligor for the entry of a
1222	judgment determining paternity, if applicable, and for periodic
1223	child support payments based on the child support guidelines
1224	schedule in s. 61.30. Prior to entering into this agreement, the
1225	obligor shall be informed that a judgment will be entered based
1226	on the agreement. The clerk of the court shall file the
1227	agreement without the payment of any fees or charges, and the
1228	court, upon entry of the judgment, shall forward a copy of the
1229	judgment to the parties to the action. To encourage out-of-court
1230	settlement and promote support order compliance, if the obligor
1231	and the Department of Revenue agree on entry of a support order
1232	and its terms, the guideline amount owed for retroactive support
1233	that is permanently assigned to the state shall be reduced by 25
1234	percent.
1235	(5)  Whenever the department IV-D agency has undertaken an
1236	action to determine paternity, to establish an obligation of
1237	support, or to enforce or modify an obligation of support, the
1238	department IV-D agency shall be a party to the action only for
1239	those purposes allowed under Title IV-D of the Social Security
1240	Act. The program attorney shall be the attorney of record solely
1241	for the purposes of support enforcement as authorized under
1242	Title IV-D and may prosecute only those activities which are
1243	eligible for federal financial participation under Title IV-D.
1244	An attorney-client relationship exists only between the
1245	department and the legal services providers in all Title IV-D
1246	cases. The attorney shall advise the obligee in Title IV-D cases
1247	that the attorney represents the agency and not the obligee.
1248	(7)  The director of the department Title IV-D agency, or
1249	the director's designee, is authorized to subpoena from any
1250	person financial and other information necessary to establish,
1251	modify, or enforce a child support order.
1252	(a)  For the purpose of establishing or modifying a child
1253	support order, or enforcing a support order, the director of the
1254	department this or another state's Title IV-D agency, or any
1255	employee designated by the director of the department this
1256	state's Title IV-D agency or authorized under another state's
1257	law, may administer oaths or affirmations, subpoena witnesses
1258	and compel their attendance, take evidence and require the
1259	production of any matter which is relevant to the support
1260	action, including the existence, description, nature, custody,
1261	condition, and location of any books, documents, or other
1262	tangible things and the identity and location of persons having
1263	knowledge of relevant facts or any other matter reasonably
1264	calculated to lead to the discovery of material evidence.
1265	(b)  Subpoenas issued by the department this or another any
1266	other state's Title IV-D agency may be challenged in accordance
1267	with s. 120.569(2)(k)1. While a subpoena is being challenged,
1268	the department Title IV-D agency may not impose a fine as
1269	provided for under paragraph (c) until the challenge is complete
1270	and the subpoena has been found to be valid.
1271	(c)  The department Title IV-D agency is authorized to
1272	impose a fine for failure to comply with a subpoena. Failure to
1273	comply with the subpoena, or to challenge the subpoena as
1274	provided in paragraph (b), within 15 days after service of the
1275	subpoena may result in the agency taking the following actions:
1276	1.  Imposition of an administrative fine of not more than
1277	$500.
1278	2.  Enforcement of the subpoena as provided in s.
1279	120.569(2)(k)2. When the subpoena is enforced pursuant to s.
1280	120.569(2)(k)2., the court may award costs and fees to the
1281	prevailing party in accordance with that section.
1282	(d)  The department Title IV-D agency may seek to collect
1283	administrative fines imposed pursuant to paragraph (c) by filing
1284	a petition in the circuit court of the judicial circuit in which
1285	the person against whom the fine was imposed resides. All fines
1286	collected pursuant to this subsection shall be deposited into
1287	the Child Support Enforcement Application and Program Revenue
1288	Trust Fund.
1289	(8)  In cases in which support is subject to an assignment
1290	as provided under 45 C.F.R. s. 301.1, the department Title IV-D
1291	agency shall, upon providing notice to the obligor and obligee,
1292	direct the obligor or other payor to change the payee to the
1293	appropriate depository.
1294	(9)(a)  For the purpose of securing delinquent support, the
1295	department Title IV-D agency may increase the amount of the
1296	monthly support obligation to include amounts for delinquencies,
1297	subject to such conditions or limitations as set forth in
1298	paragraph (b).
1299	(b)  In support obligations not subject to income
1300	deduction, the department Title IV-D agency shall notify the
1301	obligor of his or her delinquency and of the department's intent
1302	to require an additional 20 percent of the monthly obligation
1303	amount to allow for collection of the delinquency unless, within
1304	20 days, the obligor:
1305	1.  Pays the delinquency in full; or
1306	2.  Files a petition with the circuit court to contest the
1307	delinquency action.
1308	(11)(a)  The department Title IV-D agency shall review
1309	child support orders in IV-D cases at least every 3 years upon
1310	request by either party, or the agency in cases where there is
1311	an assignment of support to the state under s. 414.095(7), and
1312	may seek modification adjustment of the order if appropriate
1313	under the guidelines schedule established in s. 61.30. Not less
1314	than once every 3 years the department IV-D agency shall provide
1315	notice to the parties subject to the order informing them of
1316	their right to request a review and, if appropriate, a
1317	modification an adjustment of the child support order. The Said
1318	notice requirement may be met by including appropriate language
1319	in the initial support order or any subsequent orders.
1320	(b)  If the department's review of a support order entered
1321	by the circuit court indicates that the order should be
1322	modified, the department, through counsel, shall file a petition
1323	to modify the order with the court. Along with the petition, the
1324	department shall file a child support guideline worksheet, any
1325	financial affidavits received from the parties or completed by
1326	the department as part of the support order review, a proposed
1327	modified order, and a notice that informs the parties of the
1328	requirement to file an objection or a request for hearing with
1329	the court if the party wants a court hearing on the petition to
1330	modify. A copy of the petition, proposed order, and other
1331	documents shall be served by regular mail on a party who
1332	requested support order review or who responded to the
1333	department during the review. A party who did not request the
1334	support order review or respond to the department during the
1335	review shall be served by certified mail, return receipt
1336	requested, or restricted delivery, or served personally in any
1337	manner authorized under chapter 48.
1338	(c)  To obtain a court hearing on a petition to modify, a
1339	party who is served by regular mail must file an objection to
1340	the proposed order or a request for hearing with the court
1341	within 30 days after the date on which the petition, proposed
1342	order, and other documents were mailed. If a party is served
1343	personally or by certified mail, to obtain a court hearing the
1344	party must file an objection to the proposed order or a request
1345	for hearing with the court within 30 days after the date of
1346	receipt of the petition, proposed order, and other documents.
1347	(d)  If a timely objection or request for hearing is not
1348	filed with the court, the court may modify the support order
1349	without a hearing in accordance with the terms of the proposed
1350	order.
1351	(e)  If a support order does not provide for payment of
1352	noncovered medical expenses or require health insurance for the
1353	minor child and health insurance is accessible to the child and
1354	available at a reasonable cost, the department shall seek to
1355	have the order modified and any modification shall be made
1356	without a requirement for proof or showing of a change in
1357	circumstances.
1358	Section 11.  Subsection (5) of section 409.2567, Florida
1359	Statutes, is amended to read:
1360	409.2567  Services to individuals not otherwise eligible.-
1361	(5)  The Department of Revenue may shall seek a waiver from
1362	the Secretary of the United States Department of Health and
1363	Human Services to authorize the Department of Revenue to provide
1364	services in accordance with Title IV-D of the Social Security
1365	Act to individuals who are owed support without need of an
1366	application. The department may seek a waiver if it determines
1367	that the estimated increase in federal funding to the state
1368	would exceed any additional cost to the state if the waiver is
1369	granted. If the waiver is granted, the Department of Revenue
1370	shall adopt rules to implement the waiver and begin providing
1371	Title IV-D services if support payments are not being paid as
1372	ordered, except that the individual first must be given written
1373	notice of the right to refuse Title IV-D services and a
1374	reasonable opportunity to respond.
1375	Section 12.  Subsection (3) of section 409.259, Florida
1376	Statutes, is amended to read:
1377	409.259  Filing fees in Title IV-D cases; electronic filing
1378	of pleadings, returns of service, and other papers.-
1379	(3)  The clerks of the circuit court, chief judges through
1380	the Office of the State Courts Administrator, sheriffs, Office
1381	of the Attorney General, and Department of Revenue shall work
1382	cooperatively to implement electronic filing of pleadings,
1383	returns of service, and other papers with the clerks of the
1384	circuit court in Title IV-D cases upon completion of the
1385	department's Child Support Automated Management System II by
1386	October 1, 2009.
1387	Section 13.  Paragraph (a) of subsection (20) of section
1388	409.910, Florida Statutes, is amended to read:
1389	409.910  Responsibility for payments on behalf of Medicaid-
1390	eligible persons when other parties are liable.-
1391	(20)  Entities providing health insurance as defined in s.
1392	624.603, health maintenance organizations and prepaid health
1393	clinics as defined in chapter 641, and, on behalf of their
1394	clients, third-party administrators and pharmacy benefits
1395	managers as defined in s. 409.901(27) shall provide such records
1396	and information as are necessary to accomplish the purpose of
1397	this section, unless such requirement results in an unreasonable
1398	burden.
1399	(a)  The director of the agency and the Director of the
1400	Office of Insurance Regulation of the Financial Services
1401	Commission shall enter into a cooperative agreement for
1402	requesting and obtaining information necessary to effect the
1403	purpose and objective of this section.
1404	1.  The agency shall request only that information
1405	necessary to determine whether health insurance as defined
1406	pursuant to s. 624.603, or those health services provided
1407	pursuant to chapter 641, could be, should be, or have been
1408	claimed and paid with respect to items of medical care and
1409	services furnished to any person eligible for services under
1410	this section.
1411	2.  All information obtained pursuant to subparagraph 1. is
1412	confidential and exempt from s. 119.07(1). The agency shall
1413	provide the information obtained pursuant to subparagraph 1. to
1414	the Department of Revenue for purposes of administering the
1415	Title IV-D program. The agency and the department shall enter
1416	into a cooperative agreement for purposes of implementing this
1417	subparagraph.
1418	3.  The cooperative agreement or rules adopted under this
1419	subsection may include financial arrangements to reimburse the
1420	reporting entities for reasonable costs or a portion thereof
1421	incurred in furnishing the requested information. Neither the
1422	cooperative agreement nor the rules shall require the automation
1423	of manual processes to provide the requested information.
1424	Section 14.  Subsection (7) of section 414.095, Florida
1425	Statutes, is amended to read:
1426	414.095  Determining eligibility for temporary cash
1427	assistance.-
1428	(7)  ASSIGNMENT OF RIGHTS TO SUPPORT.-As a condition of
1429	receiving temporary cash assistance, the family must assign to
1430	the Department of Revenue any rights a member of a family may
1431	have to support from any other person. This applies to any
1432	family member; however, the assigned amounts must not exceed the
1433	total amount of temporary cash assistance provided to the
1434	family. The assignment of support does not apply if the family
1435	leaves the program.
1436	Section 15.  Subsection (1) of section 741.01, Florida
1437	Statutes, is amended to read:
1438	741.01  County court judge or clerk of the circuit court to
1439	issue marriage license; fee.-
1440	(1)  Every marriage license shall be issued by a county
1441	court judge or clerk of the circuit court under his or her hand
1442	and seal. The county court judge or clerk of the circuit court
1443	shall issue such license, upon application for the license, if
1444	there appears to be no impediment to the marriage. An
1445	application for a marriage license must allow both parties to
1446	the marriage to state under oath and in writing if they are the
1447	parents of a child born in the state and to identify any such
1448	child they have in common by name, date of birth, place of
1449	birth, and, if available, birth certificate number. The name of
1450	any child recorded by both parties must be transmitted to the
1451	Department of Health with the original marriage license and
1452	endorsements. The county court judge or clerk of the circuit
1453	court shall collect and receive a fee of $2 for receiving the
1454	application for the issuance of a marriage license.
1455	Section 16.  Section 63.054, Florida Statutes, is amended
1456	to read:
1457	63.054  Actions required by an unmarried biological father
1458	to establish parental rights; Florida Alleged Putative Father
1459	Registry.-
1460	(1)  In order to preserve the right to notice and consent
1461	to an adoption under this chapter, an unmarried biological
1462	father must, as the "registrant," file a notarized claim of
1463	paternity form with the Florida Alleged Putative Father Registry
1464	maintained by the Office of Vital Statistics of the Department
1465	of Health which includes confirmation of his willingness and
1466	intent to support the child for whom paternity is claimed in
1467	accordance with state law. The claim of paternity may be filed
1468	at any time before the child's birth, but may not be filed after
1469	the date a petition is filed for termination of parental rights.
1470	In each proceeding for termination of parental rights, the
1471	petitioner must submit to the Office of Vital Statistics a copy
1472	of the petition for termination of parental rights. The Office
1473	of Vital Statistics may not record a claim of paternity after
1474	the date a petition for termination of parental rights is filed.
1475	The failure of an unmarried biological father to file a claim of
1476	paternity with the registry before the date a petition for
1477	termination of parental rights is filed also bars him from
1478	filing a paternity claim under chapter 742.
1479	(a)  An unmarried biological father is excepted from the
1480	time limitations for filing a claim of paternity with the
1481	registry or for filing a paternity claim under chapter 742, if:
1482	1.  The mother identifies him to the adoption entity as a
1483	potential biological father by the date she executes a consent
1484	for adoption; and
1485	2.  He is served with a notice of intended adoption plan
1486	pursuant to s. 63.062(3) and the 30-day mandatory response date
1487	is later than the date the petition for termination of parental
1488	rights is filed with the court.
1489	(b)  If an unmarried biological father falls within the
1490	exception provided by paragraph (a), the petitioner shall also
1491	submit to the Office of Vital Statistics a copy of the notice of
1492	intended adoption plan and proof of service of the notice on the
1493	potential biological father.
1494	(c)  An unmarried biological father who falls within the
1495	exception provided by paragraph (a) may not file a claim of
1496	paternity with the registry or a paternity claim under chapter
1497	742 after the 30-day mandatory response date to the notice of
1498	intended adoption plan has expired. The Office of Vital
1499	Statistics may not record a claim of paternity 30 days after
1500	service of the notice of intended adoption plan.
1501	(2)  By filing a claim of paternity form with the Office of
1502	Vital Statistics, the registrant expressly consents to submit to
1503	DNA testing upon the request of any party, the registrant, or
1504	the adoption entity with respect to the child referenced in the
1505	claim of paternity.
1506	(3)  The Office of Vital Statistics of the Department of
1507	Health shall adopt by rule the appropriate claim of paternity
1508	form in English, Spanish, and Creole in order to facilitate the
1509	registration of an unmarried biological father with the Florida
1510	Alleged Putative Father Registry and shall, within existing
1511	resources, make these forms available through local offices of
1512	the Department of Health and the Department of Children and
1513	Family Services, the Internet websites of those agencies, and
1514	the offices of the clerks of the circuit court. The claim of
1515	paternity form shall be signed by the unmarried biological
1516	father and must include his name, address, date of birth, and
1517	physical description. In addition, the registrant shall provide,
1518	if known, the name, address, date of birth, and physical
1519	description of the mother; the date, place, and location of
1520	conception of the child; and the name, date, and place of birth
1521	of the child or estimated date of birth of the expected minor
1522	child, if known. The claim of paternity form shall be signed
1523	under oath by the registrant.
1524	(4)  Upon initial registration, or at any time thereafter,
1525	the registrant may designate an address other than his
1526	residential address for sending any communication regarding his
1527	registration. Similarly, upon initial registration, or at any
1528	time thereafter, the registrant may designate, in writing, an
1529	agent or representative to receive any communication on his
1530	behalf and receive service of process. The agent or
1531	representative must file an acceptance of the designation, in
1532	writing, in order to receive notice or service of process. The
1533	failure of the designated representative or agent of the
1534	registrant to deliver or otherwise notify the registrant of
1535	receipt of correspondence from the Florida Alleged Putative
1536	Father Registry is at the registrant's own risk and shall not
1537	serve as a valid defense based upon lack of notice.
1538	(5)  The registrant may, at any time prior to the birth of
1539	the child for whom paternity is claimed, execute a notarized
1540	written revocation of the claim of paternity previously filed
1541	with the Florida Alleged Putative Father Registry, and upon
1542	receipt of such revocation, the claim of paternity shall be
1543	deemed null and void. If a court determines that a registrant is
1544	not the father of the minor or has no parental rights, the court
1545	shall order the Department of Health to remove the registrant's
1546	name from the registry.
1547	(6)  It is the obligation of the registrant or, if
1548	designated under subsection (4), his designated agent or
1549	representative to notify and update the Office of Vital
1550	Statistics of any change of address or change in the designation
1551	of an agent or representative. The failure of a registrant, or
1552	designated agent or representative, to report any such change is
1553	at the registrant's own risk and may not serve as a defense
1554	based upon lack of notice, and the adoption entity or petitioner
1555	has no further obligation to search for the registrant unless
1556	the person petitioning for termination of parental rights or
1557	adoption has actual notice of the registrant's address and
1558	whereabouts from another source.
1559	(7)  In each proceeding for termination of parental rights
1560	or each adoption proceeding in which parental rights are being
1561	terminated simultaneously with entry of the final judgment of
1562	adoption, as in a stepparent and relative adoption filed under
1563	this chapter, the petitioner must contact the Office of Vital
1564	Statistics by submitting an application for a search of the
1565	Florida Alleged Putative Father Registry. The petitioner must
1566	provide the same information, if known, on the search
1567	application form that the registrant furnished under subsection
1568	(3). Thereafter, the Office of Vital Statistics shall issue a
1569	certificate signed by the State Registrar certifying:
1570	(a)  The identity and contact information, if any, for each
1571	registered unmarried biological father whose information matches
1572	the search request sufficiently so that such person may be
1573	considered a possible father of the subject child; or
1574	(b)  That a diligent search has been made of the
1575	registrants who may be the unmarried biological father of the
1576	subject child and that no matching registration has been located
1577	in the registry.
1578
1579	The certificate must be filed with the court in the proceeding
1580	to terminate parental rights or the adoption proceeding. If a
1581	termination of parental rights and an adoption proceeding are
1582	being adjudicated separately, the Florida Alleged Putative
1583	Father Registry need only be searched for the termination of
1584	parental rights proceeding.
1585	(8)  If an unmarried biological father does not know the
1586	county in which the birth mother resides, gave birth, or intends
1587	to give birth, he may initiate an action in any county in the
1588	state, subject to the birth mother's right to change venue to
1589	the county where she resides.
1590	(9)  The Department of Health shall establish and maintain
1591	a Florida Alleged Putative Father Registry through its Office of
1592	Vital Statistics, in accordance with the requirements of this
1593	section. The Department of Health may charge a nominal fee to
1594	cover the costs of filing and indexing the Florida Alleged
1595	Putative Father Registry and the costs of searching the
1596	registry.
1597	(10)  The Department of Health shall, within existing
1598	resources, prepare and adopt by rule application forms for
1599	initiating a search of the Florida Alleged Putative Father
1600	Registry and shall make those forms available through the local
1601	offices of the Department of Health and the Department of
1602	Children and Family Services and the offices of the clerks of
1603	the circuit court.
1604	(11)  The Department of Health shall produce and
1605	distribute, within existing resources, a pamphlet or publication
1606	informing the public about the Florida Alleged Putative Father
1607	Registry and which is printed in English, Spanish, and Creole.
1608	The pamphlet shall indicate the procedures for voluntary
1609	acknowledgment of paternity, the consequences of acknowledgment
1610	of paternity, the consequences of failure to acknowledge
1611	paternity, and the address of the Florida Alleged Putative
1612	Father Registry. Such pamphlets or publications shall be made
1613	available for distribution at all offices of the Department of
1614	Health and the Department of Children and Family Services and
1615	shall be included in health class curricula taught in public and
1616	charter schools in this state. The Department of Health shall
1617	also provide such pamphlets or publications to hospitals,
1618	adoption entities, libraries, medical clinics, schools,
1619	universities, and providers of child-related services, upon
1620	request. In cooperation with the Department of Highway Safety
1621	and Motor Vehicles, each person applying for a Florida driver's
1622	license, or renewal thereof, and each person applying for a
1623	Florida identification card shall be offered the pamphlet or
1624	publication informing the public about the Florida Alleged
1625	Putative Father Registry.
1626	(12)  The Department of Health shall, within existing
1627	resources, provide additional information about the Florida
1628	Alleged Putative Father Registry and its services to the public
1629	in English, Spanish, and Creole using public service
1630	announcements, Internet websites, and such other means as it
1631	deems appropriate.
1632	(13)  The filing of a claim of paternity with the Florida
1633	Alleged Putative Father Registry does not excuse or waive the
1634	obligation of a petitioner to comply with the requirements for
1635	conducting a diligent search and inquiry with respect to the
1636	identity of an unmarried biological father or legal father which
1637	are set forth in this chapter.
1638	(14)  The Office of Vital Statistics of the Department of
1639	Health is authorized to adopt rules to implement this section.
1640	Section 17.  Section 63.0541, Florida Statutes, is amended
1641	to read:
1642	63.0541  Public records exemption for the Florida Alleged
1643	Putative Father Registry.-
1644	(1)  All information contained in the Florida Alleged
1645	Putative Father Registry is confidential and exempt from s.
1646	119.07(1) and s. 24(a), Art. I of the State Constitution.
1647	(2)  Information made confidential and exempt by this
1648	section shall be disclosed to:
1649	(a)  An adoption entity, upon the filing of a request for a
1650	diligent search of the Florida Alleged Putative Father Registry
1651	in connection with the planned adoption of a child.
1652	(b)  The registrant unmarried biological father, upon
1653	receipt of a notarized request for a copy of his registry entry
1654	only.
1655	(c)  The birth mother, upon receipt of a notarized request
1656	for a copy of any registry entry in which she is identified as
1657	the birth mother.
1658	(d)  The court, upon issuance of a court order concerning a
1659	petitioner acting pro se in an action under this chapter.
1660	(3)  The database comprising the Florida Alleged Putative
1661	Father Registry shall remain separate from all other databases.
1662	Section 18.  Paragraphs (b) and (c) of subsection (2) and
1663	subsection (3) of section 63.062, Florida Statutes, are amended
1664	to read:
1665	63.062  Persons required to consent to adoption; affidavit
1666	of nonpaternity; waiver of venue.-
1667	(2)  In accordance with subsection (1), the consent of an
1668	unmarried biological father shall be necessary only if the
1669	unmarried biological father has complied with the requirements
1670	of this subsection.
1671	(b)  With regard to a child who is younger than 6 months of
1672	age at the time the child is placed with the adoptive parents,
1673	an unmarried biological father must have demonstrated a full
1674	commitment to his parental responsibility by having performed
1675	all of the following acts prior to the time the mother executes
1676	her consent for adoption:
1677	1.  Filed a notarized claim of paternity form with the
1678	Florida Alleged Putative Father Registry within the Office of
1679	Vital Statistics of the Department of Health, which form shall
1680	be maintained in the confidential registry established for that
1681	purpose and shall be considered filed when the notice is entered
1682	in the registry of notices from unmarried biological fathers.
1683	2.  Upon service of a notice of an intended adoption plan
1684	or a petition for termination of parental rights pending
1685	adoption, executed and filed an affidavit in that proceeding
1686	stating that he is personally fully able and willing to take
1687	responsibility for the child, setting forth his plans for care
1688	of the child, and agreeing to a court order of child support and
1689	a contribution to the payment of living and medical expenses
1690	incurred for the mother's pregnancy and the child's birth in
1691	accordance with his ability to pay.
1692	3.  If he had knowledge of the pregnancy, paid a fair and
1693	reasonable amount of the expenses incurred in connection with
1694	the mother's pregnancy and the child's birth, in accordance with
1695	his financial ability and when not prevented from doing so by
1696	the birth mother or person or authorized agency having lawful
1697	custody of the child.
1698	(c)  The petitioner shall file with the court a certificate
1699	from the Office of Vital Statistics stating that a diligent
1700	search has been made of the Florida Alleged Putative Father
1701	Registry of notices from unmarried biological fathers described
1702	in subparagraph (b)1. and that no filing has been found
1703	pertaining to the father of the child in question or, if a
1704	filing is found, stating the name of the alleged putative father
1705	and the time and date of filing. That certificate shall be filed
1706	with the court prior to the entry of a final judgment of
1707	termination of parental rights.
1708	(3)  Pursuant to chapter 48, an adoption entity shall serve
1709	a notice of intended adoption plan upon any known and locatable
1710	unmarried biological father who is identified to the adoption
1711	entity by the mother by the date she signs her consent for
1712	adoption or who is identified by a diligent search of the
1713	Florida Alleged Putative Father Registry, or upon an entity
1714	whose consent is required. Service of the notice of intended
1715	adoption plan is not mandatory when the unmarried biological
1716	father signs a consent for adoption or an affidavit of
1717	nonpaternity. The notice may be served at any time before the
1718	child's birth or before placing the child in the adoptive home.
1719	The recipient of the notice may waive service of process by
1720	executing a waiver and acknowledging receipt of the plan. The
1721	notice of intended adoption plan must specifically state that if
1722	the unmarried biological father desires to contest the adoption
1723	plan he must, within 30 days after service, file with the court
1724	a verified response that contains a pledge of commitment to the
1725	child in substantial compliance with subparagraph (2)(b)2. and a
1726	claim of paternity form with the Office of Vital Statistics, and
1727	must provide the adoption entity with a copy of the verified
1728	response filed with the court and the claim of paternity form
1729	filed with the Office of Vital Statistics. The notice must also
1730	include instructions for submitting a claim of paternity form to
1731	the Office of Vital Statistics and the address to which the
1732	claim must be sent. If the party served with the notice of
1733	intended adoption plan is an entity whose consent is required,
1734	the notice must specifically state that the entity must file,
1735	within 30 days after service, a verified response setting forth
1736	a legal basis for contesting the intended adoption plan,
1737	specifically addressing the best interest of the child.
1738	(a)  If the unmarried biological father or entity whose
1739	consent is required fails to timely and properly file a verified
1740	response with the court and, in the case of an unmarried
1741	biological father, a claim of paternity form with the Office of
1742	Vital Statistics, the court shall enter a default against any
1743	unmarried biological father or entity and the consent of that
1744	unmarried biological father or entity shall no longer be
1745	required under this chapter and shall be deemed to have waived
1746	any claim of rights to the child. To avoid a default, within 30
1747	days after receipt of service of the notice of intended adoption
1748	plan:
1749	1.  The unmarried biological father must:
1750	a.  File a claim of paternity with the Florida Alleged
1751	Putative Father Registry maintained by the Office of Vital
1752	Statistics;
1753	b.  File a verified response with the court which contains
1754	a pledge of commitment to the child in substantial compliance
1755	with subparagraph (2)(b)2.; and
1756	c.  Provide support for the birth mother and the child.
1757	2.  The entity whose consent is required must file a
1758	verified response setting forth a legal basis for contesting the
1759	intended adoption plan, specifically addressing the best
1760	interest of the child.
1761	(b)  If the mother identifies a potential unmarried
1762	biological father whose location is unknown, the adoption entity
1763	shall conduct a diligent search pursuant to s. 63.088. If, upon
1764	completion of a diligent search, the potential unmarried
1765	biological father's location remains unknown and a search of the
1766	Florida Alleged Putative Father Registry fails to reveal a
1767	match, the adoption entity shall request in the petition for
1768	termination of parental rights pending adoption that the court
1769	declare the diligent search to be in compliance with s. 63.088,
1770	that the adoption entity has no further obligation to provide
1771	notice to the potential unmarried biological father, and that
1772	the potential unmarried biological father's consent to the
1773	adoption is not required.
1774	Section 19.  Subsection (1) of section 63.085, Florida
1775	Statutes, is amended to read:
1776	63.085  Disclosure by adoption entity.-
1777	(1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE
1778	ADOPTIVE PARENTS.-Within 14 days after a person seeking to adopt
1779	a minor or a person seeking to place a minor for adoption
1780	contacts an adoption entity in person or provides the adoption
1781	entity with a mailing address, the entity must provide a written
1782	disclosure statement to that person if the entity agrees or
1783	continues to work with the person. The adoption entity shall
1784	also provide the written disclosure to the parent who did not
1785	initiate contact with the adoption entity within 14 days after
1786	that parent is identified and located. For purposes of providing
1787	the written disclosure, a person is considered to be seeking to
1788	place a minor for adoption if that person has sought information
1789	or advice from the adoption entity regarding the option of
1790	adoptive placement. The written disclosure statement must be in
1791	substantially the following form:
1792
1793	ADOPTION DISCLOSURE
1794
1795	THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO
1796	ALL PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO
1797	PLACE A MINOR FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING
1798	FACTS REGARDING ADOPTION UNDER FLORIDA LAW:
1799
1800	1.  The name, address, and telephone number of the adoption
1801	entity providing this disclosure is:
1802	Name:___________________________
1803	Address:___________________________
1804	Telephone Number:___________________________
1805	2.  The adoption entity does not provide legal
1806	representation or advice to parents or anyone signing a
1807	consent for adoption or affidavit of nonpaternity, and
1808	parents have the right to consult with an attorney of their
1809	own choosing to advise them.
1810	3.  With the exception of an adoption by a stepparent or
1811	relative, a child cannot be placed into a prospective
1812	adoptive home unless the prospective adoptive parents have
1813	received a favorable preliminary home study, including
1814	criminal and child abuse clearances.
1815	4.  A valid consent for adoption may not be signed by the
1816	birth mother until 48 hours after the birth of the child,
1817	or the day the birth mother is notified, in writing, that
1818	she is fit for discharge from the licensed hospital or
1819	birth center. Any man may sign a valid consent for adoption
1820	at any time after the birth of the child.
1821	5.  A consent for adoption signed before the child attains
1822	the age of 6 months is binding and irrevocable from the
1823	moment it is signed unless it can be proven in court that
1824	the consent was obtained by fraud or duress. A consent for
1825	adoption signed after the child attains the age of 6 months
1826	is valid from the moment it is signed; however, it may be
1827	revoked up to 3 days after it was signed.
1828	6.  A consent for adoption is not valid if the signature of
1829	the person who signed the consent was obtained by fraud or
1830	duress.
1831	7.  An unmarried biological father must act immediately in
1832	order to protect his parental rights. Section 63.062,
1833	Florida Statutes, prescribes that any father seeking to
1834	establish his right to consent to the adoption of his child
1835	must file a claim of paternity with the Florida Alleged
1836	Putative Father Registry maintained by the Office of Vital
1837	Statistics of the Department of Health by the date a
1838	petition to terminate parental rights is filed with the
1839	court, or within 30 days after receiving service of a
1840	Notice of Intended Adoption Plan. If he receives a Notice
1841	of Intended Adoption Plan, he must file a claim of
1842	paternity with the Florida Alleged Putative Father
1843	Registry, file a parenting plan with the court, and provide
1844	financial support to the mother or child within 30 days
1845	following service. An unmarried biological father's failure
1846	to timely respond to a Notice of Intended Adoption Plan
1847	constitutes an irrevocable legal waiver of any and all
1848	rights that the father may have to the child. A claim of
1849	paternity registration form for the Florida Alleged
1850	Putative Father Registry may be obtained from any local
1851	office of the Department of Health, Office of Vital
1852	Statistics, the Department of Children and Families, the
1853	Internet websites for these agencies, and the offices of
1854	the clerks of the Florida circuit courts. The claim of
1855	paternity form must be submitted to the Office of Vital
1856	Statistics, Attention: Adoption Unit, P.O. Box 210,
1857	Jacksonville, FL 32231.
1858	8.  There are alternatives to adoption, including foster
1859	care, relative care, and parenting the child. There may be
1860	services and sources of financial assistance in the
1861	community available to parents if they choose to parent the
1862	child.
1863	9.  A parent has the right to have a witness of his or her
1864	choice, who is unconnected with the adoption entity or the
1865	adoptive parents, to be present and witness the signing of
1866	the consent or affidavit of nonpaternity.
1867	10.  A parent 14 years of age or younger must have a
1868	parent, legal guardian, or court-appointed guardian ad
1869	litem to assist and advise the parent as to the adoption
1870	plan.
1871	11.  A parent has a right to receive supportive counseling
1872	from a counselor, social worker, physician, clergy, or
1873	attorney.
1874	12.  The payment of living or medical expenses by the
1875	prospective adoptive parents before the birth of the child
1876	does not, in any way, obligate the parent to sign the
1877	consent for adoption.
1878
1879	Section 20.  Paragraph (a) of subsection (2) of section
1880	63.089, Florida Statutes, is amended to read:
1881	63.089  Proceeding to terminate parental rights pending
1882	adoption; hearing; grounds; dismissal of petition; judgment.-
1883	(2)  HEARING PREREQUISITES.-The court may hold the hearing
1884	only when:
1885	(a)  For each person whose consent to adoption is required
1886	under s. 63.062:
1887	1.  A consent under s. 63.082 has been executed and filed
1888	with the court;
1889	2.  An affidavit of nonpaternity under s. 63.082 has been
1890	executed and filed with the court;
1891	3.  Notice has been provided under ss. 63.087 and 63.088;
1892	or
1893	4.  The certificate from the Office of Vital Statistics has
1894	been provided to the court stating that a diligent search has
1895	been made of the Florida Alleged Putative Father Registry
1896	created in s. 63.054 and that no filing has been found
1897	pertaining to the father of the child in question or, if a
1898	filing is found, stating the name of the alleged putative father
1899	and the time and date of the filing.
1900	Section 21.  Subsection (7) of section 88.2011, Florida
1901	Statutes, is amended to read:
1902	88.2011  Bases for jurisdiction over nonresident.-In a
1903	proceeding to establish, enforce, or modify a support order or
1904	to determine parentage, a tribunal of this state may exercise
1905	personal jurisdiction over a nonresident individual or the
1906	individual's guardian or conservator if:
1907	(7)  The individual asserted parentage in a tribunal or in
1908	an alleged a putative father registry maintained in this state
1909	by the appropriate agency; or
1910	Section 22.  Paragraph (e) of subsection (1) of section
1911	409.2572, Florida Statutes, is amended to read:
1912	409.2572  Cooperation.-
1913	(1)  An applicant for, or recipient of, public assistance
1914	for a dependent child shall cooperate in good faith with the
1915	department or a program attorney in:
1916	(e)  Identifying another alleged putative father when an
1917	earlier named alleged putative father has been excluded by DNA,
1918	Human Leukocyte Antigen, or other scientific test.
1919	Section 23.  Subsection (2) of section 742.021, Florida
1920	Statutes, is amended to read:
1921	742.021  Venue, process, complaint.-
1922	(2)  The complaint shall assert sufficient facts charging
1923	the paternity of the child. Upon filing of a complaint seeking
1924	to determine paternity, the clerk of court shall issue a notice
1925	to each petitioner and to each respondent or defendant along
1926	with service of the petition. The notice must be in
1927	substantially the following form:
1928
1929	In order to preserve the right to notice and consent to the
1930	adoption of the child, an unmarried biological father must,
1931	as the "registrant," file a notarized claim of paternity
1932	form with the Florida Alleged Putative Father Registry
1933	maintained by the Office of Vital Statistics of the
1934	Department of Health which includes confirmation of his
1935	willingness and intent to support the child for whom
1936	paternity is claimed in accordance with state law. The
1937	claim of paternity may be filed at any time before the
1938	child's birth, but a claim of paternity may not be filed
1939	after the date a petition is filed for termination of
1940	parental rights.
1941
1942	Section 24.  Except as otherwise expressly provided in this
1943	act, this act shall take effect upon becoming a law.

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