CS/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. 382.013, F.S.;
13	authorizing paternity determination based on final
14	judgment of dissolution of marriage requiring the former
15	husband to pay child support; authorizing the Department
16	of Health to amend a birth certificate to reflect marital
17	status if the mother and father marry after the birth of
18	the child; amending s. 382.015, F.S.; authorizing the
19	Office of Vital Statistics to amend a birth certificate to
20	include the name of the legal father when a final judgment
21	of dissolution of marriage requires the former husband to
22	pay support for the child; amending s. 382.016, F.S.;
23	authorizing the Office of Vital Statistics to amend a
24	child's birth certificate to include the name of the legal
25	father upon receipt of a marriage license that identifies
26	the registrant; amending s. 409.2558, F.S.; creating
27	additional priorities for processing undistributable
28	collections; authorizing the Department of Revenue to
29	retain uncashed checks or closed Title IV-D case balances
30	of child support collections under $1; amending s.
31	409.256, F.S.; revising definitions; permitting a person
32	ordered to appear for genetic testing to contest the order
33	by filing a written request for informal review within a
34	specified time period; amending s. 409.2563, F.S.;
35	revising the definition of the term "caretaker relative";
36	conforming terminology; conforming a reference; amending
37	s. 409.25635, F.S.; authorizing the Department of Revenue
38	to collect noncovered medical expenses in installments by
39	issuing an income deduction notice; amending s. 409.2564,
40	F.S.; deleting the requirement for reducing the child
41	support guideline amount for retroactive support by 25
42	percent; providing a process for court hearings relating
43	to support order reviews; requiring the department, rather
44	than the Title IV-D agency, to review and take certain
45	actions with respect to child support orders; providing
46	for modification of a child support order; requiring the
47	department to file a petition to modify the order and
48	specified financial documentation under certain
49	circumstances; providing procedures for a party to obtain
50	a court hearing; amending s. 409.2567, F.S.; authorizing
51	the Department of Revenue to seek a waiver from certain
52	application requirements from the United States Department
53	of Health and Human Services under certain conditions;
54	amending s. 409.259, F.S.; extending the deadline for
55	implementing electronic filing in Title IV-D cases to
56	coincide with completion of the department's Child Support
57	Automated Management System II; amending s. 409.910, F.S.;
58	authorizing the Agency for Health Care Administration to
59	provide health insurance information to the Department of
60	Revenue for administering the Title IV-D program;
61	requiring the agency and the department to enter into a
62	cooperative agreement to implement the requirement;
63	amending s. 414.095, F.S.; requiring a family to assign
64	rights to receive certain financial support to the
65	Department of Revenue, rather than the Department of
66	Children and Family Services, as a condition of receiving
67	temporary cash assistance; amending s. 741.01, F.S.;
68	providing that an application for a marriage license must
69	allow both parties to the marriage to state under oath and
70	in writing if they are the parents of any child born in
71	the state and to identify any child they have in common;
72	requiring the name of any child recorded by both parties
73	to be transmitted to the Department of Health; reenacting
74	ss. 61.14(1)(c) and 61.30(1)(c), F.S., relating to the
75	enforcement and modification of support, maintenance, or
76	alimony agreements or orders and child support guidelines,
77	respectively, to incorporate the amendments made to s.
78	409.2564, F.S., in references thereto; providing effective
79	dates.
80
81	Be It Enacted by the Legislature of the State of Florida:
82
83	Section 1.  Paragraphs (b) and (d) of subsection (1) of
84	section 61.13, Florida Statutes, are amended to read:
85	61.13  Support of children; parenting and time-sharing;
86	powers of court.-
87	(1)
88	(b)  Each order for support shall contain a provision for
89	health insurance for the minor child when health insurance is
90	reasonable in cost and accessible to the child. Health insurance
91	is presumed to be reasonable in cost if the incremental cost of
92	adding health insurance for the child or children does not
93	exceed 5 percent of the gross income, as defined in s. 61.30, of
94	the parent responsible for providing health insurance. Health
95	insurance is accessible to the child if the health insurance is
96	available to be used in the county of the child's primary
97	residence or in another county if the parent who has the most
98	time under the time-sharing plan agrees. If the time-sharing
99	plan provides for equal time-sharing, health insurance is
100	accessible to the child if the health insurance is available to
101	be used in either county where the child resides or in another
102	county if both parents agree. The court may require the obligor
103	to provide health insurance or to reimburse the obligee for the
104	cost of health insurance for the minor child when insurance is
105	provided by the obligee. The presumption of reasonable cost may
106	be rebutted by evidence of any of the factors in s.
107	61.30(11)(a). The court may deviate from what is presumed
108	reasonable in cost only upon a written finding explaining its
109	determination why ordering or not ordering the provision of
110	health insurance or the reimbursement of the obligee's cost for
111	providing health insurance for the minor child would be unjust
112	or inappropriate. In any event, the court shall apportion the
113	cost of health insurance, and any noncovered medical, dental,
114	and prescription medication expenses of the child, to both
115	parties by adding the cost to the basic obligation determined
116	pursuant to s. 61.30(6). The court may order that payment of
117	noncovered medical, dental, and prescription medication expenses
118	of the minor child be made directly to the obligee on a
119	percentage basis. In a proceeding for medical support only, each
120	parent's share of the child's health insurance and noncovered
121	medical expenses shall equal the parent's percentage share of
122	the combined net income of the parents. The percentage share
123	shall be calculated by dividing each parent's net monthly income
124	by the combined monthly net income of both parents. Net income
125	is calculated as specified by s. 61.30(3) and (4).
126	1.  In a non-Title IV-D case, a copy of the court order for
127	health insurance shall be served on the obligor's union or
128	employer by the obligee when the following conditions are met:
129	a.  The obligor fails to provide written proof to the
130	obligee within 30 days after receiving effective notice of the
131	court order that the health insurance has been obtained or that
132	application for health insurance has been made;
133	b.  The obligee serves written notice of intent to enforce
134	an order for health insurance on the obligor by mail at the
135	obligor's last known address; and
136	c.  The obligor fails within 15 days after the mailing of
137	the notice to provide written proof to the obligee that the
138	health insurance existed as of the date of mailing.
139	2.a.  A support order enforced under Title IV-D of the
140	Social Security Act which requires that the obligor provide
141	health insurance is enforceable by the department through the
142	use of the national medical support notice, and an amendment to
143	the support order is not required. The department shall transfer
144	the national medical support notice to the obligor's union or
145	employer. The department shall notify the obligor in writing
146	that the notice has been sent to the obligor's union or
147	employer, and the written notification must include the
148	obligor's rights and duties under the national medical support
149	notice. The obligor may contest the withholding required by the
150	national medical support notice based on a mistake of fact. To
151	contest the withholding, the obligor must file a written notice
152	of contest with the department within 15 business days after the
153	date the obligor receives written notification of the national
154	medical support notice from the department. Filing with the
155	department is complete when the notice is received by the person
156	designated by the department in the written notification. The
157	notice of contest must be in the form prescribed by the
158	department. Upon the timely filing of a notice of contest, the
159	department shall, within 5 business days, schedule an informal
160	conference with the obligor to discuss the obligor's factual
161	dispute. If the informal conference resolves the dispute to the
162	obligor's satisfaction or if the obligor fails to attend the
163	informal conference, the notice of contest is deemed withdrawn.
164	If the informal conference does not resolve the dispute, the
165	obligor may request an administrative hearing under chapter 120
166	within 5 business days after the termination of the informal
167	conference, in a form and manner prescribed by the department.
168	However, the filing of a notice of contest by the obligor does
169	not delay the withholding of premium payments by the union,
170	employer, or health plan administrator. The union, employer, or
171	health plan administrator must implement the withholding as
172	directed by the national medical support notice unless notified
173	by the department that the national medical support notice is
174	terminated.
175	b.  In a Title IV-D case, the department shall notify an
176	obligor's union or employer if the obligation to provide health
177	insurance through that union or employer is terminated.
178	3.  In a non-Title IV-D case, upon receipt of the order
179	pursuant to subparagraph 1., or upon application of the obligor
180	pursuant to the order, the union or employer shall enroll the
181	minor child as a beneficiary in the group health plan regardless
182	of any restrictions on the enrollment period and withhold any
183	required premium from the obligor's income. If more than one
184	plan is offered by the union or employer, the child shall be
185	enrolled in the group health plan in which the obligor is
186	enrolled.
187	4.a.  Upon receipt of the national medical support notice
188	under subparagraph 2. in a Title IV-D case, the union or
189	employer shall transfer the notice to the appropriate group
190	health plan administrator within 20 business days after the date
191	on the notice. The plan administrator must enroll the child as a
192	beneficiary in the group health plan regardless of any
193	restrictions on the enrollment period, and the union or employer
194	must withhold any required premium from the obligor's income
195	upon notification by the plan administrator that the child is
196	enrolled. The child shall be enrolled in the group health plan
197	in which the obligor is enrolled. If the group health plan in
198	which the obligor is enrolled is not available where the child
199	resides or if the obligor is not enrolled in group coverage, the
200	child shall be enrolled in the lowest cost group health plan
201	that is accessible to the child.
202	b.  If health insurance or the obligor's employment is
203	terminated in a Title IV-D case, the union or employer that is
204	withholding premiums for health insurance under a national
205	medical support notice must notify the department within 20 days
206	after the termination and provide the obligor's last known
207	address and the name and address of the obligor's new employer,
208	if known.
209	5.a.  The amount withheld by a union or employer in
210	compliance with a support order may not exceed the amount
211	allowed under s. 303(b) of the Consumer Credit Protection Act,
212	15 U.S.C. s. 1673(b), as amended. The union or employer shall
213	withhold the maximum allowed by the Consumer Credit Protection
214	Act in the following order:
215	(I)  Current support, as ordered.
216	(II)  Premium payments for health insurance, as ordered.
217	(III)  Past due support, as ordered.
218	(IV)  Other medical support or insurance, as ordered.
219	b.  If the combined amount to be withheld for current
220	support plus the premium payment for health insurance exceed the
221	amount allowed under the Consumer Credit Protection Act, and the
222	health insurance cannot be obtained unless the full amount of
223	the premium is paid, the union or employer may not withhold the
224	premium payment. However, the union or employer shall withhold
225	the maximum allowed in the following order:
226	(I)  Current support, as ordered.
227	(II)  Past due support, as ordered.
228	(III)  Other medical support or insurance, as ordered.
229	6.  An employer, union, or plan administrator who does not
230	comply with the requirements in sub-subparagraph 4.a. is subject
231	to a civil penalty not to exceed $250 for the first violation
232	and $500 for subsequent violations, plus attorney's fees and
233	costs. The department may file a petition in circuit court to
234	enforce the requirements of this subparagraph.
235	7.  The department may adopt rules to administer the child
236	support enforcement provisions of this section that affect Title
237	IV-D cases.
238	(d)1.  All child support orders shall provide the full name
239	and date of birth of each minor child who is the subject of the
240	child support order.
241	2.  If both parties request and the court finds that it is
242	in the best interest of the child, support payments need not be
243	subject to immediate income deduction. Support orders that are
244	not subject to immediate income deduction may be directed
245	through the depository under s. 61.181 or made payable directly
246	to the obligee. Payments for all support orders that provide for
247	immediate income deduction shall be made to the State
248	Disbursement Unit. The court shall provide a copy of the order
249	to the depository.
250	3.  For support orders payable directly to the obligee that
251	do not provide for immediate income deduction, any party, or the
252	department IV-D agency in a IV-D case, may subsequently file an
253	affidavit with the depository State Disbursement Unit alleging a
254	default in payment of child support and stating that the party
255	wishes to require that payments be made through the depository
256	State Disbursement Unit. The party shall provide copies of the
257	affidavit to the court and to each other party. Fifteen days
258	after receipt of the affidavit, the depository State
259	Disbursement Unit shall notify all parties that future payments
260	shall be paid through the depository, except that income
261	deduction payments shall be made to the State Disbursement Unit.
262	Section 2.  Effective July 1, 2010, subsection (15) of
263	section 61.30, Florida Statutes, is amended to read:
264	61.30  Child support guidelines; retroactive child
265	support.-
266	(15)  For purposes of establishing an obligation for
267	support in accordance with this section, if a person who is
268	receiving public assistance is found to be noncooperative as
269	defined in s. 409.2572, the department IV-D agency is authorized
270	to submit to the court an affidavit or written declaration
271	signed under penalty of perjury pursuant to s. 92.525(2)
272	attesting to the income of that parent based upon information
273	available to the department IV-D agency.
274	Section 3.  Subsection (2) of section 382.013, Florida
275	Statutes, is amended to read:
276	382.013  Birth registration.-A certificate for each live
277	birth that occurs in this state shall be filed within 5 days
278	after such birth with the local registrar of the district in
279	which the birth occurred and shall be registered by the local
280	registrar if the certificate has been completed and filed in
281	accordance with this chapter and adopted rules. The information
282	regarding registered births shall be used for comparison with
283	information in the state case registry, as defined in chapter
284	61.
285	(2)  PATERNITY.-
286	(a)  If the mother is married at the time of birth, the
287	name of the husband shall be entered on the birth certificate as
288	the father of the child, unless paternity has been determined
289	otherwise by a court of competent jurisdiction.
290	(b)  Notwithstanding paragraph (a), if the husband of the
291	mother dies while the mother is pregnant but before the birth of
292	the child, the name of the deceased husband shall be entered on
293	the birth certificate as the father of the child, unless
294	paternity has been determined otherwise by a court of competent
295	jurisdiction.
296	(c)  If the mother is not married at the time of the birth,
297	the name of the father may not be entered on the birth
298	certificate without the execution of an affidavit signed by both
299	the mother and the person to be named as the father. The
300	facility shall give notice orally or through the use of video or
301	audio equipment, and in writing, of the alternatives to, the
302	legal consequences of, and the rights, including, if one parent
303	is a minor, any rights afforded due to minority status, and
304	responsibilities that arise from signing an acknowledgment of
305	paternity, as well as information provided by the Title IV-D
306	agency established pursuant to s. 409.2557, regarding the
307	benefits of voluntary establishment of paternity. Upon request
308	of the mother and the person to be named as the father, the
309	facility shall assist in the execution of the affidavit, a
310	notarized voluntary acknowledgment of paternity, or a voluntary
311	acknowledgment of paternity that is witnessed by two individuals
312	and signed under penalty of perjury as specified by s.
313	92.525(2).
314	(d)  If the paternity of the child is determined by a court
315	of competent jurisdiction as provided under s. 382.015, or if
316	there is a final judgment of dissolution of marriage that
317	requires the former husband to pay child support for the child,
318	the name of the father and the surname of the child shall be
319	entered on the certificate in accordance with the finding and
320	order of the court. If the court fails to specify a surname for
321	the child, the surname shall be entered in accordance with
322	subsection (3).
323	(e)  If the paternity of the child is determined pursuant
324	to s. 409.256, the name of the father and the surname of the
325	child shall be entered on the certificate in accordance with the
326	finding and order of the Department of Revenue.
327	(f)  If the mother and father marry each other at any time
328	after the child's birth, upon receipt of a marriage license that
329	identifies any such child, the department shall amend the birth
330	certificate with regard to the parents' marital status as though
331	the parents were married at the time of the child's birth.
332	(g)(f)  If the father is not named on the certificate, no
333	other information about the father shall be entered on the
334	certificate.
335	Section 4.  Subsection (2) of section 382.015, Florida
336	Statutes, is amended to read:
337	382.015  New certificates of live birth; duty of clerks of
338	court and department.-The clerk of the court in which any
339	proceeding for adoption, annulment of an adoption, affirmation
340	of parental status, or determination of paternity is to be
341	registered, shall within 30 days after the final disposition,
342	forward to the department a certified copy of the court order,
343	or a report of the proceedings upon a form to be furnished by
344	the department, together with sufficient information to identify
345	the original birth certificate and to enable the preparation of
346	a new birth certificate. The clerk of the court shall implement
347	a monitoring and quality control plan to ensure that all
348	judicial determinations of paternity are reported to the
349	department in compliance with this section. The department shall
350	track paternity determinations reported monthly by county,
351	monitor compliance with the 30-day timeframe, and report the
352	data to the clerks of the court quarterly.
353	(2)  DETERMINATION OF PATERNITY.-Upon receipt of the
354	report, or a certified copy of a final decree of determination
355	of paternity, or a certified copy of a final judgment of
356	dissolution of marriage that requires the former husband to pay
357	support for the child, together with sufficient information to
358	identify the original certificate of live birth, the department
359	shall prepare and file a new birth certificate which shall bear
360	the same file number as the original birth certificate. The
361	registrant's name shall be entered as decreed by the court or as
362	reflected in the final judgment or support order. The names and
363	identifying information of the parents shall be entered as of
364	the date of the registrant's birth.
365	Section 5.  Paragraph (b) of subsection (1) of section
366	382.016, Florida Statutes, is amended to read:
367	382.016  Amendment of records.-The department, upon receipt
368	of the fee prescribed in s. 382.0255; documentary evidence, as
369	specified by rule, of any misstatement, error, or omission
370	occurring in any birth, death, or fetal death record; and an
371	affidavit setting forth the changes to be made, shall amend or
372	replace the original certificate as necessary.
373	(1)  CERTIFICATE OF LIVE BIRTH AMENDMENT.-
374	(b)  Upon written request and receipt of an affidavit, a
375	notarized voluntary acknowledgment of paternity signed by the
376	mother and father acknowledging the paternity of a registrant
377	born out of wedlock, or a voluntary acknowledgment of paternity
378	that is witnessed by two individuals and signed under penalty of
379	perjury as specified by s. 92.525(2), together with sufficient
380	information to identify the original certificate of live birth,
381	the department shall prepare a new birth certificate, which
382	shall bear the same file number as the original birth
383	certificate. The names and identifying information of the
384	parents shall be entered as of the date of the registrant's
385	birth. The surname of the registrant may be changed from that
386	shown on the original birth certificate at the request of the
387	mother and father of the registrant, or the registrant if of
388	legal age. If the mother and father marry each other at any time
389	after the registrant's birth, the department shall, upon receipt
390	of a marriage license that identifies the registrant, or upon
391	the request of the mother and father or the registrant if the
392	registrant is of legal age, and upon proof of the marriage,
393	amend the certificate with regard to the parents' marital status
394	as though the parents were married at the time of birth. The
395	department shall substitute the new certificate of birth for the
396	original certificate on file. All copies of the original
397	certificate of live birth in the custody of a local registrar or
398	other state custodian of vital records shall be forwarded to the
399	State Registrar. Thereafter, when a certified copy of the
400	certificate of birth or portion thereof is issued, it shall be a
401	copy of the new certificate of birth or portion thereof, except
402	when a court order requires issuance of a certified copy of the
403	original certificate of birth. Except for a birth certificate on
404	which a father is listed pursuant to an affidavit, a notarized
405	voluntary acknowledgment of paternity signed by the mother and
406	father acknowledging the paternity of a registrant born out of
407	wedlock, or a voluntary acknowledgment of paternity that is
408	witnessed by two individuals and signed under penalty of perjury
409	as specified by s. 92.525(2), the department shall place the
410	original certificate of birth and all papers pertaining thereto
411	under seal, not to be broken except by order of a court of
412	competent jurisdiction or as otherwise provided by law.
413	Section 6.  Effective July 1, 2010, paragraph (b) of
414	subsection (3) of section 409.2558, Florida Statutes, is amended
415	to read:
416	409.2558  Support distribution and disbursement.-
417	(3)  UNDISTRIBUTABLE COLLECTIONS.-
418	(b)  Collections that are determined to be undistributable
419	shall be processed in the following order of priority:
420	1.  Apply the payment to any financial liability incurred
421	by the obligor as a result of a previous payment returned to the
422	department for insufficient funds; then
423	2.  Apply the payment to any financial liability incurred
424	by the obligor as a result of an overpayment to the obligor that
425	the obligor has failed to return to the department after notice;
426	then
427	3.  Apply the payment to any financial liability incurred
428	by the obligee as a result of an overpayment to the obligee that
429	the obligee has failed to return to the department after notice;
430	then
431	4.1.  Apply the payment to any assigned arrears on the
432	obligee's case; then
433	5.2.  Apply the payment to any administrative costs ordered
434	by the court pursuant to s. 409.2567 associated with the
435	obligee's case; then
436	6.3.  When the obligor is subject to a valid order to
437	support another child in a case with a different obligee and the
438	obligation is being enforced by the department, the department
439	shall send by certified mail, restricted delivery, return
440	receipt requested, to the obligor at the most recent address
441	provided by the obligor to the tribunal that issued the order, a
442	notice stating the department's intention to apply the payment
443	pursuant to this subparagraph, and advising the obligor of the
444	right to contest the department's proposed action in the circuit
445	court by filing and serving a petition on the department within
446	30 days after the mailing of the notice. If the obligor does not
447	file and serve a petition within the 30 days after mailing of
448	the notice, or upon a disposition of the judicial action
449	favorable to the department, the department shall apply the
450	payment toward his or her other support obligation. If there is
451	more than one such other case, the department shall allocate the
452	remaining undistributable amount as specified by s.
453	61.1301(4)(c); then
454	7.4.  Return the payment to the obligor; then
455	8.5.  If the obligor cannot be located after diligent
456	efforts by the department, the federal share of the payment
457	shall be credited to the Federal Government and the state share
458	shall be transferred to the General Revenue Fund.
459	Section 7.  Effective July 1, 2010, paragraph (d) is added
460	to subsection (3) of section 409.2558, Florida Statutes, to
461	read:
462	409.2558  Support distribution and disbursement.-
463	(3)  UNDISTRIBUTABLE COLLECTIONS.-
464	(d)  If a payment of less than $1 is made by a paper check
465	on an open Title IV-D case and the payment is not cashed after
466	180 days, or less than $1 is owed on a closed Title IV-D case,
467	the department shall declare the payment as program income,
468	crediting the federal share of the payment to the Federal
469	Government and the state share of the payment to the General
470	Revenue Fund, without attempting to locate either party.
471	Section 8.  Section 409.256, Florida Statutes, is amended
472	to read:
473	409.256  Administrative proceeding to establish paternity
474	or paternity and child support; order to appear for genetic
475	testing.-
476	(1)  DEFINITIONS.-As used in this section, the term:
477	(a)  "Another state" or "other state" means a state of the
478	United States, the District of Columbia, Puerto Rico, the United
479	States Virgin Islands, or any territory or insular possession
480	subject to the jurisdiction of the United States. The term
481	includes:
482	1.  An Indian tribe.
483	2.  A foreign jurisdiction that has enacted a law or
484	established procedures for issuance and enforcement of support
485	orders which are substantially similar to the procedures under
486	this act, the Uniform Reciprocal Enforcement of Support Act, or
487	the Revised Uniform Reciprocal Enforcement of Support Act, as
488	determined by the Attorney General.
489	(b)  "Caregiver Custodian" means a person, other than the
490	mother, father, or a putative father, who has physical custody
491	of a child or with whom the child primarily resides. References
492	in this section to the obligation of a caregiver custodian to
493	submit to genetic testing mean that the caregiver custodian is
494	obligated to submit the child for genetic testing, not that the
495	caregiver custodian must submit to genetic testing.
496	(c)  "Filed" means a document has been received and
497	accepted for filing at the offices of the department of Revenue
498	by the clerk or an authorized deputy clerk designated by the
499	department.
500	(d)  "Genetic testing" means a scientific analysis of
501	genetic markers that is performed by a qualified technical
502	laboratory only to exclude an individual as the parent of a
503	child or to show a probability of paternity.
504	(e)  "Paternity and child support proceeding" means an
505	administrative action commenced by the department of Revenue to
506	order genetic testing, establish paternity, and establish an
507	administrative support order pursuant to this section.
508	(f)  "Paternity proceeding" means an administrative action
509	commenced by the department of Revenue to order genetic testing
510	and establish paternity pursuant to this section.
511	(g) "Putative father" means an individual who is or may be
512	the biological father of a child whose paternity has not been
513	established and whose mother was unmarried when the child was
514	conceived and born.
515	(h)  "Qualified technical laboratory" means a genetic-
516	testing laboratory that may be under contract with the
517	department of Revenue, that uses tests and methods of a type
518	generally acknowledged as reliable by accreditation
519	organizations recognized by the United States Department of
520	Health and Human Services, and that is approved by such an
521	accreditation organization. The term includes a genetic-testing
522	laboratory used by another state, if the laboratory has
523	comparable qualifications.
524	(i)  "Rendered" means that a signed written order is filed
525	with the clerk or a deputy clerk of the department of Revenue
526	and served on the respondent. The date of filing must be
527	indicated on the face of the order at the time of rendition.
528	(j)  "Respondent" means the person or persons served by the
529	department of Revenue with a notice of proceeding pursuant to
530	subsection (4). The term includes the putative father and may
531	include the mother or the caregiver custodian of the child.
532	(k)  "This state" or "the state" means the State of
533	Florida.
534	(2)  JURISDICTION; LOCATION OF HEARINGS; RIGHT OF ACCESS TO
535	THE COURTS.-
536	(a)  The department of Revenue may commence a paternity
537	proceeding or a paternity and child support proceeding as
538	provided in subsection (4) if:
539	1.  The child's paternity has not been established.
540	2.  No one is named as the father on the child's birth
541	certificate or the person named as the father is the putative
542	father named in an affidavit or a written declaration as
543	provided in subparagraph 5.
544	3.  The child's mother was unmarried when the child was
545	conceived and born.
546	4.  The department of Revenue is providing services under
547	Title IV-D.
548	5.  The child's mother or caregiver or a putative father
549	has stated in an affidavit, or in a written declaration as
550	provided in s. 92.525(2) that the putative father is or may be
551	the child's biological father. The affidavit or written
552	declaration must set forth the factual basis for the allegation
553	of paternity as provided in s. 742.12(2).
554	(b)  If the department of Revenue receives a request from
555	another state to assist in the establishment of paternity, the
556	department may serve an order to appear for genetic testing on a
557	person who resides in this state and transmit the test results
558	to the other state without commencing a paternity proceeding in
559	this state.
560	(c)  The department of Revenue may use the procedures
561	authorized by this section against a nonresident over whom this
562	state may assert personal jurisdiction under chapter 48 or
563	chapter 88.
564	(d)  If a putative father, mother, or caregiver custodian
565	in a Title IV-D case voluntarily submits to genetic testing, the
566	department of Revenue may schedule that individual or the child
567	for genetic testing without serving that individual with an
568	order to appear for genetic testing. A respondent or other
569	person who is subject to an order to appear for genetic testing
570	may waive, in writing or on the record at an administrative
571	hearing, formal service of notices or orders or waive any other
572	rights or time periods prescribed by this section.
573	(e)  Whenever practicable, hearings held by the Division of
574	Administrative Hearings pursuant to this section shall be held
575	in the judicial circuit where the person receiving services
576	under Title IV-D resides or, if the person receiving services
577	under Title IV-D does not reside in this state, in the judicial
578	circuit where the respondent resides. If the department of
579	Revenue and the respondent agree, the hearing may be held in
580	another location. If ordered by the administrative law judge,
581	the hearing may be conducted telephonically or by
582	videoconference.
583	(f)  The Legislature does not intend to limit the
584	jurisdiction of the circuit courts to hear and determine issues
585	regarding establishment of paternity. This section is intended
586	to provide the department of Revenue with an alternative
587	procedure for establishing paternity and child support
588	obligations in Title IV-D cases. This section does not prohibit
589	a person who has standing from filing a civil action in circuit
590	court for a determination of paternity or of child support
591	obligations.
592	(g)  Section 409.2563(2)(e), (f), and (g) apply to a
593	proceeding under this section.
594	(3)  MULTIPLE PUTATIVE FATHERS; MULTIPLE CHILDREN.-If more
595	than one putative father has been named, the department of
596	Revenue may proceed under this section against a single putative
597	father or may proceed simultaneously against more than one
598	putative father. If a putative father has been named as a
599	possible father of more than one child born to the same mother,
600	the department may proceed to establish the paternity of each
601	child in the same proceeding.
602	(4)  NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR
603	PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC
604	TESTING; MANNER OF SERVICE; CONTENTS.-The department of Revenue
605	shall commence a proceeding to determine paternity, or a
606	proceeding to determine both paternity and child support, by
607	serving the respondent with a notice as provided in this
608	section. An order to appear for genetic testing may be served at
609	the same time as a notice of the proceeding or may be served
610	separately. A copy of the affidavit or written declaration upon
611	which the proceeding is based shall be provided to the
612	respondent when notice is served. A notice or order to appear
613	for genetic testing shall be served by certified mail,
614	restricted delivery, return receipt requested, or in accordance
615	with the requirements for service of process in a civil action.
616	Service by certified mail is completed when the certified mail
617	is received or refused by the addressee or by an authorized
618	agent as designated by the addressee in writing. If a person
619	other than the addressee signs the return receipt, the
620	department shall attempt to reach the addressee by telephone to
621	confirm whether the notice was received, and the department
622	shall document any telephonic communications. If someone other
623	than the addressee signs the return receipt, the addressee does
624	not respond to the notice, and the department is unable to
625	confirm that the addressee has received the notice, service is
626	not completed and the department shall attempt to have the
627	addressee served personally. For purposes of this section, an
628	employee or an authorized agent of the department may serve the
629	notice or order to appear for genetic testing and execute an
630	affidavit of service. The department may serve an order to
631	appear for genetic testing on a caregiver custodian. The
632	department shall provide a copy of the notice or order to appear
633	by regular mail to the mother and caregiver custodian, if they
634	are not respondents.
635	(a)  A notice of proceeding to establish paternity must
636	state:
637	1.  That the department has commenced an administrative
638	proceeding to establish whether the putative father is the
639	biological father of the child named in the notice.
640	2.  The name and date of birth of the child and the name of
641	the child's mother.
642	3.  That the putative father has been named in an affidavit
643	or written declaration that states the putative father is or may
644	be the child's biological father.
645	4.  That the respondent is required to submit to genetic
646	testing.
647	5.  That genetic testing will establish either a high
648	degree of probability that the putative father is the biological
649	father of the child or that the putative father cannot be the
650	biological father of the child.
651	6.  That if the results of the genetic test do not indicate
652	a statistical probability of paternity that equals or exceeds 99
653	percent, the paternity proceeding in connection with that child
654	shall cease unless a second or subsequent test is required.
655	7.  That if the results of the genetic test indicate a
656	statistical probability of paternity that equals or exceeds 99
657	percent, the department may:
658	a.  Issue a proposed order of paternity that the respondent
659	may consent to or contest at an administrative hearing; or
660	b.  Commence a proceeding, as provided in s. 409.2563, to
661	establish an administrative support order for the child. Notice
662	of the proceeding shall be provided to the respondent by regular
663	mail.
664	8.  That, if the genetic test results indicate a
665	statistical probability of paternity that equals or exceeds 99
666	percent and a proceeding to establish an administrative support
667	order is commenced, the department shall issue a proposed order
668	that addresses paternity and child support. The respondent may
669	consent to or contest the proposed order at an administrative
670	hearing.
671	9.  That if a proposed order of paternity or proposed order
672	of both paternity and child support is not contested, the
673	department shall adopt the proposed order and render a final
674	order that establishes paternity and, if appropriate, an
675	administrative support order for the child.
676	10.  That, until the proceeding is ended, the respondent
677	shall notify the department in writing of any change in the
678	respondent's mailing address and that the respondent shall be
679	deemed to have received any subsequent order, notice, or other
680	paper mailed to the most recent address provided or, if a more
681	recent address is not provided, to the address at which the
682	respondent was served, and that this requirement continues if
683	the department renders a final order that establishes paternity
684	and a support order for the child.
685	11.  That the respondent may file an action in circuit
686	court for a determination of paternity, child support
687	obligations, or both.
688	12.  That if the respondent files an action in circuit
689	court and serves the department with a copy of the petition or
690	complaint within 20 days after being served notice under this
691	subsection, the administrative process ends without prejudice
692	and the action must proceed in circuit court.
693	13.  That, if paternity is established, the putative father
694	may file a petition in circuit court for a determination of
695	matters relating to custody and rights of parental contact.
696
697	A notice under this paragraph must also notify the respondent of
698	the provisions in s. 409.2563(4)(m) and (o).
699	(b)  A notice of proceeding to establish paternity and
700	child support must state the requirements of paragraph (a),
701	except for subparagraph (a)7., and must state the requirements
702	of s. 409.2563(4), to the extent that the requirements of s.
703	409.2563(4) are not already required by and do not conflict with
704	this subsection. This section and s. 409.2563 apply to a
705	proceeding commenced under this subsection.
706	(c)  The order to appear for genetic testing shall inform
707	the person ordered to appear:
708	1.  That the department has commenced an administrative
709	proceeding to establish whether the putative father is the
710	biological father of the child.
711	2.  The name and date of birth of the child and the name of
712	the child's mother.
713	3.  That the putative father has been named in an affidavit
714	or written declaration that states the putative father is or may
715	be the child's biological father.
716	4.  The date, time, and place that the person ordered to
717	appear must appear to provide a sample for genetic testing.
718	5.  That if the person has custody of the child whose
719	paternity is the subject of the proceeding, the person must
720	submit the child for genetic testing.
721	6.  That when the samples are provided, the person ordered
722	to appear shall verify his or her identity and the identity of
723	the child, if applicable, by presenting a form of identification
724	as prescribed by s. 117.05(5)(b)2. that bears the photograph of
725	the person who is providing the sample or other form of
726	verification approved by the department.
727	7.  That if the person ordered to appear submits to genetic
728	testing, the department shall pay the cost of the genetic
729	testing and shall provide the person ordered to appear with a
730	copy of any test results obtained.
731	8.  That if the person ordered to appear does not appear as
732	ordered or refuses to submit to genetic testing without good
733	cause, the department may take one or more of the following
734	actions:
735	a.  Commence proceedings to suspend the driver's license
736	and motor vehicle registration of the person ordered to appear,
737	as provided in s. 61.13016;
738	b.  Impose an administrative fine against the person
739	ordered to appear in the amount of $500; or
740	c.  File a petition in circuit court to establish paternity
741	and obtain a support order for the child and an order for costs
742	against the person ordered to appear, including costs for
743	genetic testing.
744	9.  That the person ordered to appear may contest the order
745	by filing a written request for informal review within 15 days
746	after the date of service of the order, with further rights to
747	an administrative hearing following the informal review.
748	(d)  If the putative father is incarcerated, the
749	correctional facility shall assist the putative father in
750	complying with an administrative order to appear for genetic
751	testing issued under this section.
752	(e)  An administrative order to appear for genetic testing
753	has the same force and effect as a court order.
754	(5)  RIGHT TO CONTEST ORDER TO APPEAR FOR GENETIC TESTING.-
755	(a)  The person ordered to appear may contest an order to
756	appear for genetic testing by filing a written request for
757	informal review with the department of Revenue within 15 days
758	after the date of service of the order. The purpose of the
759	informal review is to provide the person ordered to appear with
760	an opportunity to discuss the proceedings and the basis of the
761	order. At the conclusion of the informal review, the department
762	shall notify the person ordered to appear, in writing, whether
763	it intends to proceed with the order to appear. If the
764	department notifies the person ordered to appear of its intent
765	to proceed, the notice must inform the person ordered to appear
766	of the right to contest the order at an administrative hearing.
767	(b)  Following an informal review, within 15 days after the
768	mailing date of the department's Department of Revenue's
769	notification that the department shall proceed with an order to
770	appear for genetic testing, the person ordered to appear may
771	file a request for an administrative hearing to contest whether
772	the person should be required to submit to genetic testing. A
773	request for an administrative hearing must state the specific
774	reasons why the person ordered to appear believes he or she
775	should not be required to submit to genetic testing as ordered.
776	If the person ordered to appear files a timely request for a
777	hearing, the department shall refer the hearing request to the
778	Division of Administrative Hearings. Unless otherwise provided
779	in this section, administrative hearings are governed by chapter
780	120 and the uniform rules of procedure. The administrative law
781	judge assigned to the case shall issue an order as to whether
782	the person must submit to genetic testing in accordance with the
783	order to appear. The department or the person ordered to appear
784	may seek immediate judicial review under s. 120.68 of an order
785	issued by an administrative law judge pursuant to this
786	paragraph.
787	(c)  If a timely request for an informal review or an
788	administrative hearing is filed, the department may not proceed
789	under the order to appear for genetic testing and may not impose
790	sanctions for failure or refusal to submit to genetic testing
791	until:
792	1.  The department has notified the person of its intent to
793	proceed after informal review, and a timely request for hearing
794	is not filed;
795	2.  The person ordered to appear withdraws the request for
796	hearing or informal review; or
797	3.  The Division of Administrative Hearings issues an order
798	that the person must submit to genetic testing, or issues an
799	order closing the division's file, and that an order has become
800	final.
801	(d)  If a request for an informal review or administrative
802	hearing is not timely filed, the person ordered to appear is
803	deemed to have waived the right to a hearing, and the department
804	may proceed under the order to appear for genetic testing.
805	(6)  SCHEDULING OF GENETIC TESTING.-
806	(a)  The department of Revenue shall notify, in writing,
807	the person ordered to appear of the date, time, and location of
808	the appointment for genetic testing and of the requirement to
809	verify his or her identity and the identity of the child, if
810	applicable, when the samples are provided by presenting a form
811	of identification as prescribed in s. 117.05(5)(b)2. that bears
812	the photograph of the person who is providing the sample or
813	other form of verification approved by the department. If the
814	person ordered to appear is the putative father or the mother,
815	that person shall appear and submit to genetic testing. If the
816	person ordered to appear is a caregiver custodian, or if the
817	putative father or the mother has physical custody of the child,
818	that person must submit the child for genetic testing.
819	(b)  The department shall reschedule genetic testing:
820	1.  One time without cause if, in advance of the initial
821	test date, the person ordered to appear requests the department
822	to reschedule the test.
823	2.  One time if the person ordered to appear shows good
824	cause for failure to appear for a scheduled test.
825	3.  One time upon request of a person ordered to appear
826	against whom sanctions have been imposed as provided in
827	subsection (7).
828
829	A claim of good cause for failure to appear shall be filed with
830	the department within 10 days after the scheduled test date and
831	must state the facts and circumstances supporting the claim. The
832	department shall notify the person ordered to appear, in
833	writing, whether it accepts or rejects the person's claim of
834	good cause. There is not a separate right to a hearing on the
835	department's decision to accept or reject the claim of good
836	cause because the person ordered to appear may raise good cause
837	as a defense to any proceeding initiated by the department under
838	subsection (7).
839	(c)  A person ordered to appear may obtain a second genetic
840	test by filing a written request for a second test with the
841	department within 15 days after the date of mailing of the
842	initial genetic testing results and by paying the department in
843	advance for the full cost of the second test.
844	(d)  The department may schedule and require a subsequent
845	genetic test if it has reason to believe the results of the
846	preceding genetic test may not be reliable.
847	(e)  Except as provided in paragraph (c) and subsection
848	(7), the department shall pay for the cost of genetic testing
849	ordered under this section.
850	(7)  FAILURE OR REFUSAL TO SUBMIT TO GENETIC TESTING.-If a
851	person who is served with an order to appear for genetic testing
852	fails to appear without good cause or refuses to submit to
853	testing without good cause, the department may take one or more
854	of the following actions:
855	(a)  Commence a proceeding to suspend the driver's license
856	and motor vehicle registration of the person ordered to appear,
857	as provided in s. 61.13016;
858	(b)  Impose an administrative fine against the person
859	ordered to appear in the amount of $500; or
860	(c)  File a petition in circuit court to establish
861	paternity, obtain a support order for the child, and seek
862	reimbursement from the person ordered to appear for the full
863	cost of genetic testing incurred by the department.
864
865	As provided in s. 322.058(2), a suspended driver's license and
866	motor vehicle registration may be reinstated when the person
867	ordered to appear complies with the order to appear for genetic
868	testing. The department may collect an administrative fine
869	imposed under this subsection by using civil remedies or other
870	statutory means available to the department for collecting
871	support.
872	(8)  GENETIC-TESTING RESULTS.-The department shall send a
873	copy of the genetic-testing results to the putative father, to
874	the mother, to the caregiver custodian, and to the other state,
875	if applicable. If the genetic-testing results, including second
876	or subsequent genetic-testing results, do not indicate a
877	statistical probability of paternity that equals or exceeds 99
878	percent, the paternity proceeding in connection with that child
879	shall cease.
880	(9)  PROPOSED ORDER OF PATERNITY; COMMENCEMENT OF
881	PROCEEDING TO ESTABLISH ADMINISTRATIVE SUPPORT ORDER; PROPOSED
882	ORDER OF PATERNITY AND CHILD SUPPORT.-
883	(a)  If a paternity proceeding has been commenced under
884	this section and the results of genetic testing indicate a
885	statistical probability of paternity that equals or exceeds 99
886	percent, the department of Revenue may:
887	1.  Issue a proposed order of paternity as provided in
888	paragraph (b); or
889	2.  If appropriate, delay issuing a proposed order of
890	paternity and commence, by regular mail, an administrative
891	proceeding to establish a support order for the child pursuant
892	to s. 409.2563 and issue a single proposed order that addresses
893	paternity and child support.
894	(b)  A proposed order of paternity must:
895	1.  State proposed findings of fact and conclusions of law.
896	2.  Include a copy of the results of genetic testing.
897	3.  Include notice of the respondent's right to informal
898	review and to contest the proposed order of paternity at an
899	administrative hearing.
900	(c)  If a paternity and child support proceeding has been
901	commenced under this section and the results of genetic testing
902	indicate a statistical probability of paternity that equals or
903	exceeds 99 percent, the department of Revenue may issue a single
904	proposed order that addresses paternity as provided in this
905	section and child support as provided in s. 409.2563.
906	(d)  The department of Revenue shall serve a proposed order
907	issued under this section on the respondent by regular mail and
908	shall provide a copy by regular mail to the mother or caregiver
909	custodian if they are not respondents.
910	(10)  INFORMAL REVIEW; ADMINISTRATIVE HEARING; PRESUMPTION
911	OF PATERNITY.-
912	(a)  Within 10 days after the date of mailing or other
913	service of a proposed order of paternity, the respondent may
914	contact a representative of the department of Revenue at the
915	address or telephone number provided to request an informal
916	review of the proposed order. If an informal review is timely
917	requested, the time for requesting a hearing is extended until
918	10 days after the department mails notice to the respondent that
919	the informal review has been concluded.
920	(b)  Within 20 days after the mailing date of the proposed
921	order or within 10 days after the mailing date of notice that an
922	informal review has been concluded, whichever is later, the
923	respondent may request an administrative hearing by filing a
924	written request for a hearing with the department of Revenue. A
925	request for a hearing must state the specific objections to the
926	proposed order, the specific objections to the genetic testing
927	results, or both. A respondent who fails to file a timely
928	request for a hearing is deemed to have waived the right to a
929	hearing.
930	(c)  If the respondent files a timely request for a
931	hearing, the department of Revenue shall refer the hearing
932	request to the Division of Administrative Hearings. Unless
933	otherwise provided in this section or in s. 409.2563, chapter
934	120 and the uniform rules of procedure govern the conduct of the
935	proceedings.
936	(d)  The genetic-testing results shall be admitted into
937	evidence and made a part of the hearing record. For purposes of
938	this section, a statistical probability of paternity that equals
939	or exceeds 99 percent creates a presumption, as defined in s.
940	90.304, that the putative father is the biological father of the
941	child. The presumption may be overcome only by clear and
942	convincing evidence. The respondent or the department of Revenue
943	may call an expert witness to refute or support the testing
944	procedure or results or the mathematical theory on which they
945	are based. Verified documentation of the chain of custody of the
946	samples tested is competent evidence to establish the chain of
947	custody.
948	(11)  FINAL ORDER ESTABLISHING PATERNITY OR PATERNITY AND
949	CHILD SUPPORT; CONSENT ORDER; NOTICE TO OFFICE OF VITAL
950	STATISTICS.-
951	(a)  If a hearing is held, the administrative law judge of
952	the Division of Administrative Hearings shall issue a final
953	order that adjudicates paternity or, if appropriate, paternity
954	and child support. A final order of the administrative law judge
955	constitutes final agency action by the department of Revenue.
956	The Division of Administrative Hearings shall transmit any such
957	order to the department for filing and rendering.
958	(b)  If the respondent does not file a timely request for a
959	hearing or consents in writing to entry of a final order without
960	a hearing, the department of Revenue may render a final order of
961	paternity or a final order of paternity and child support, as
962	appropriate.
963	(c)  The department of Revenue shall mail a copy of the
964	final order to the putative father, the mother, and the
965	caregiver custodian, if any. The department shall notify the
966	respondent of the right to seek judicial review of a final order
967	in accordance with s. 120.68.
968	(d)  Upon rendering a final order of paternity or a final
969	order of paternity and child support, the department of Revenue
970	shall notify the Division of Vital Statistics of the Department
971	of Health that the paternity of the child has been established.
972	(e)  A final order rendered pursuant to this section has
973	the same effect as a judgment entered by the court pursuant to
974	chapter 742.
975	(f)  The provisions of s. 409.2563 that apply to a final
976	administrative support order rendered under that section apply
977	to a final order rendered under this section when a child
978	support obligation is established.
979	(12)  RIGHT TO JUDICIAL REVIEW.-A respondent has the right
980	to seek judicial review, in accordance with s. 120.68, of a
981	final order rendered under subsection (11) and an order issued
982	under paragraph (5)(b). The department of Revenue has the right
983	to seek judicial review, in accordance with s. 120.68, of a
984	final order issued by an administrative law judge under
985	subsection (11) and an order issued by an administrative law
986	judge under paragraph (5)(b).
987	(13)  DUTY TO PROVIDE AND MAINTAIN CURRENT MAILING
988	ADDRESS.-Until a proceeding that has been commenced under this
989	section has ended, a respondent who is served with a notice of
990	proceeding must inform the department of Revenue in writing of
991	any change in the respondent's mailing address and is deemed to
992	have received any subsequent order, notice, or other paper
993	mailed to that address, or the address at which the respondent
994	was served, if the respondent has not provided a more recent
995	address.
996	(14)  PROCEEDINGS IN CIRCUIT COURT.-The results of genetic
997	testing performed pursuant to this section are admissible as
998	evidence to the same extent as scientific testing ordered by the
999	court pursuant to chapter 742.
1000	(15)  GENDER NEUTRAL.-This section shall be construed
1001	impartially, regardless of a person's gender, and applies with
1002	equal force to the mother of a child whose paternity has not
1003	been established and is not presumed by law.
1004	(16)  REMEDIES SUPPLEMENTAL.-The remedies provided in this
1005	section are supplemental and in addition to other remedies
1006	available to the department for the establishment of paternity
1007	and child support obligations.
1008	(17)  RULEMAKING AUTHORITY.-The department may adopt rules
1009	to implement this section.
1010	Section 9.  Paragraph (b) of subsection (1), paragraph (d)
1011	of subsection (2), subsection (4), paragraphs (a) and (b) of
1012	subsection (5), paragraphs (d) and (e) of subsection (7), and
1013	subsection (13) of section 409.2563, Florida Statutes, are
1014	amended to read:
1015	409.2563  Administrative establishment of child support
1016	obligations.-
1017	(1)  DEFINITIONS.-As used in this section, the term:
1018	(b)  "Caregiver" means a person other than the mother,
1019	father, or putative father who has physical custody of a child
1020	or with whom the child primarily resides. "Caretaker relative"
1021	has the same meaning ascribed in s. 414.0252(11).
1022
1023	Other terms used in this section have the meanings ascribed in
1024	ss. 61.046 and 409.2554.
1025	(2)  PURPOSE AND SCOPE.-
1026	(d)  Either parent, or a caregiver caretaker relative if
1027	applicable, may at any time file a civil action in a circuit
1028	court having jurisdiction and proper venue to determine parental
1029	support obligations, if any. A support order issued by a circuit
1030	court prospectively supersedes an administrative support order
1031	rendered by the department.
1032	(4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
1033	SUPPORT ORDER.-To commence a proceeding under this section, the
1034	department shall provide to the parent from whom support is not
1035	being sought and serve the parent from whom support is being
1036	sought with a notice of proceeding to establish administrative
1037	support order and a blank financial affidavit form. The notice
1038	must state:
1039	(a)  The names of both parents, the name of the caregiver
1040	caretaker relative, if any, and the name and date of birth of
1041	the child or children;
1042	(b)  That the department intends to establish an
1043	administrative support order as defined in this section;
1044	(c)  That both parents must submit a completed financial
1045	affidavit to the department within 20 days after receiving the
1046	notice, as provided by paragraph (13)(a);
1047	(d)  That both parents, or a parent and the caregiver
1048	caretaker relative if applicable, are required to furnish to the
1049	department information regarding their identities and locations,
1050	as provided by paragraph (13)(b);
1051	(e)  That both parents, or a parent and the caregiver
1052	caretaker relative if applicable, are required to promptly
1053	notify the department of any change in their mailing addresses
1054	to ensure receipt of all subsequent pleadings, notices, and
1055	orders, as provided by paragraph (13)(c);
1056	(f)  That the department will calculate support obligations
1057	based on the child support guidelines schedule in s. 61.30 and
1058	using all available information, as provided by paragraph
1059	(5)(a), and will incorporate such obligations into a proposed
1060	administrative support order;
1061	(g)  That the department will send by regular mail to both
1062	parents, or to a parent and the caregiver caretaker relative if
1063	applicable, a copy of the proposed administrative support order,
1064	the department's child support worksheet, and any financial
1065	affidavits submitted by a parent or prepared by the department;
1066	(h)  That the parent from whom support is being sought may
1067	file a request for a hearing in writing within 20 days after the
1068	date of mailing or other service of the proposed administrative
1069	support order or will be deemed to have waived the right to
1070	request a hearing;
1071	(i)  That if the parent from whom support is being sought
1072	does not file a timely request for hearing after service of the
1073	proposed administrative support order, the department will issue
1074	an administrative support order that incorporates the findings
1075	of the proposed administrative support order, and will send by
1076	regular mail a copy of the administrative support order to both
1077	parents, or a parent and the caregiver caretaker relative if
1078	applicable;
1079	(j)  That after an administrative support order is
1080	rendered, the department will file a copy of the order with the
1081	clerk of the circuit court;
1082	(k)  That after an administrative support order is
1083	rendered, the department may enforce the administrative support
1084	order by any lawful means;
1085	(l)  That either parent, or the caregiver caretaker
1086	relative if applicable, may file at any time a civil action in a
1087	circuit court having jurisdiction and proper venue to determine
1088	parental support obligations, if any, and that a support order
1089	issued by a circuit court supersedes an administrative support
1090	order rendered by the department;
1091	(m)  That, neither the department nor the Division of
1092	Administrative Hearings has jurisdiction to award or change
1093	child custody or rights of parental contact or time-sharing and
1094	these issues may only be addressed in circuit court.
1095	1.  The parent from whom support is being sought may
1096	request in writing that the department proceed in circuit court
1097	to determine his or her support obligations.
1098	2.  The parent from whom support is being sought may state
1099	in writing to the department his or her intention to address
1100	issues concerning custody or rights to parental contact in
1101	circuit court.
1102	3.  If the parent from whom support is being sought submits
1103	the request authorized in subparagraph 1., or the statement
1104	authorized in subparagraph 2. to the department within 20 days
1105	after the receipt of the initial notice, the department shall
1106	file a petition in circuit court for the determination of the
1107	parent's child support obligations, and shall send to the parent
1108	from whom support is being sought a copy of its petition, a
1109	notice of commencement of action, and a request for waiver of
1110	service of process as provided in the Florida Rules of Civil
1111	Procedure.
1112	4.  If, within 10 days after receipt of the department's
1113	petition and waiver of service, the parent from whom support is
1114	being sought signs and returns the waiver of service form to the
1115	department, the department shall terminate the administrative
1116	proceeding without prejudice and proceed in circuit court.
1117	5.  In any circuit court action filed by the department
1118	pursuant to this paragraph or filed by a parent from whom
1119	support is being sought or other person pursuant to paragraph
1120	(l) or paragraph (n), the department shall be a party only with
1121	respect to those issues of support allowed and reimbursable
1122	under Title IV-D of the Social Security Act. It is the
1123	responsibility of the parent from whom support is being sought
1124	or other person to take the necessary steps to present other
1125	issues for the court to consider.
1126	(n)  That if the parent from whom support is being sought
1127	files an action in circuit court and serves the department with
1128	a copy of the petition within 20 days after being served notice
1129	under this subsection, the administrative process ends without
1130	prejudice and the action must proceed in circuit court;
1131	(o)  Information provided by the Office of State Courts
1132	Administrator concerning the availability and location of self-
1133	help programs for those who wish to file an action in circuit
1134	court but who cannot afford an attorney.
1135
1136	The department may serve the notice of proceeding to establish
1137	administrative support order by certified mail, restricted
1138	delivery, return receipt requested. Alternatively, the
1139	department may serve the notice by any means permitted for
1140	service of process in a civil action. For purposes of this
1141	section, an authorized employee of the department may serve the
1142	notice and execute an affidavit of service. Service by certified
1143	mail is completed when the certified mail is received or refused
1144	by the addressee or by an authorized agent as designated by the
1145	addressee in writing. If a person other than the addressee signs
1146	the return receipt, the department shall attempt to reach the
1147	addressee by telephone to confirm whether the notice was
1148	received, and the department shall document any telephonic
1149	communications. If someone other than the addressee signs the
1150	return receipt, the addressee does not respond to the notice,
1151	and the department is unable to confirm that the addressee has
1152	received the notice, service is not completed and the department
1153	shall attempt to have the addressee served personally. The
1154	department shall provide the parent from whom support is not
1155	being sought or the caregiver caretaker relative with a copy of
1156	the notice by regular mail to the last known address of the
1157	parent from whom support is not being sought or the caregiver
1158	caretaker.
1159	(5)  PROPOSED ADMINISTRATIVE SUPPORT ORDER.-
1160	(a)  After serving notice upon a parent in accordance with
1161	subsection (4), the department shall calculate that parent's
1162	child support obligation under the child support guidelines
1163	schedule as provided by s. 61.30, based on any timely financial
1164	affidavits received and other information available to the
1165	department. If either parent fails to comply with the
1166	requirement to furnish a financial affidavit, the department may
1167	proceed on the basis of information available from any source,
1168	if such information is sufficiently reliable and detailed to
1169	allow calculation of guideline schedule amounts under s. 61.30.
1170	If a parent receives public assistance and fails to submit a
1171	financial affidavit, the department may submit a financial
1172	affidavit or written declaration for that parent pursuant to s.
1173	61.30(15). If there is a lack of sufficient reliable information
1174	concerning a parent's actual earnings for a current or past
1175	period, it shall be presumed for the purpose of establishing a
1176	support obligation that the parent had an earning capacity equal
1177	to the federal minimum wage during the applicable period.
1178	(b)  The department shall send by regular mail to both
1179	parents, or to a parent and the caregiver caretaker relative if
1180	applicable, copies of the proposed administrative support order,
1181	its completed child support worksheet, and any financial
1182	affidavits submitted by a parent or prepared by the department.
1183	The proposed administrative support order must contain the same
1184	elements as required for an administrative support order under
1185	paragraph (7)(e).
1186	(7)  ADMINISTRATIVE SUPPORT ORDER.-
1187	(d)  The department shall send by regular mail a copy of
1188	the administrative support order, or the final order denying an
1189	administrative support order, to both parents, or a parent and
1190	the caregiver caretaker relative if applicable. The parent from
1191	whom support is being sought shall be notified of the right to
1192	seek judicial review of the administrative support order in
1193	accordance with s. 120.68.
1194	(e)  An administrative support order must comply with ss.
1195	61.13(1) and 61.30. The department shall develop a standard form
1196	or forms for administrative support orders. An administrative
1197	support order must provide and state findings, if applicable,
1198	concerning:
1199	1.  The full name and date of birth of the child or
1200	children;
1201	2.  The name of the parent from whom support is being
1202	sought and the other parent or the caregiver caretaker relative;
1203	3.  The parent's duty and ability to provide support;
1204	4.  The amount of the parent's monthly support obligation;
1205	5.  Any obligation to pay retroactive support;
1206	6.  The parent's obligation to provide for the health care
1207	needs of each child, whether through health insurance,
1208	contribution towards the cost of health insurance, payment or
1209	reimbursement of health care expenses for the child, or any
1210	combination thereof;
1211	7.  The beginning date of any required monthly payments and
1212	health insurance;
1213	8.  That all support payments ordered must be paid to the
1214	Florida State Disbursement Unit as provided by s. 61.1824;
1215	9.  That the parents, or the caregiver caretaker relative
1216	if applicable, must file with the department when the
1217	administrative support order is rendered, if they have not
1218	already done so, and update as appropriate the information
1219	required pursuant to paragraph (13)(b);
1220	10.  That both parents, or a parent and the caregiver
1221	caretaker relative if applicable, are required to promptly
1222	notify the department of any change in their mailing addresses
1223	pursuant to paragraph (13)(c); and
1224	11.  That if the parent ordered to pay support receives
1225	unemployment compensation benefits, the payor shall withhold,
1226	and transmit to the department, 40 percent of the benefits for
1227	payment of support, not to exceed the amount owed.
1228
1229	An income deduction order as provided by s. 61.1301 must be
1230	incorporated into the administrative support order or, if not
1231	incorporated into the administrative support order, the
1232	department or the Division of Administrative Hearings shall
1233	render a separate income deduction order.
1234	(13)  REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT TO
1235	ADDRESS OF RECORD.-In all proceedings pursuant to this section:
1236	(a)  Each parent must execute and furnish to the
1237	department, no later than 20 days after receipt of the notice of
1238	proceeding to establish administrative support order, a
1239	financial affidavit in the form prescribed by the department. An
1240	updated financial affidavit must be executed and furnished to
1241	the department at the inception of each proceeding to modify an
1242	administrative support order. A caregiver is Caretaker relatives
1243	are not required to furnish a financial affidavit affidavits.
1244	(b)  Each parent and the caregiver caretaker relative if
1245	applicable, shall disclose to the department, no later than 20
1246	days after receipt of the notice of proceeding to establish
1247	administrative support order, and update as appropriate,
1248	information regarding his or her identity and location,
1249	including names he or she is known by; social security number;
1250	residential and mailing addresses; telephone numbers; driver's
1251	license numbers; and names, addresses, and telephone numbers of
1252	employers. Pursuant to the federal Personal Responsibility and
1253	Work Opportunity Reconciliation Act of 1996, each person must
1254	provide his or her social security number in accordance with
1255	this section. Disclosure of social security numbers obtained
1256	through this requirement shall be limited to the purpose of
1257	administration of the Title IV-D program for child support
1258	enforcement.
1259	(c)  Each parent and the caregiver caretaker relative, if
1260	applicable, has a continuing obligation to promptly inform the
1261	department in writing of any change in his or her mailing
1262	address to ensure receipt of all subsequent pleadings, notices,
1263	payments, statements, and orders, and receipt is presumed if
1264	sent by regular mail to the most recent address furnished by the
1265	person.
1266	Section 10.  Effective October 1, 2010, subsection (7) of
1267	section 409.25635, Florida Statutes, is amended to read:
1268	409.25635  Determination and collection of noncovered
1269	medical expenses.-
1270	(7)  COLLECTION ACTION; ADMINISTRATIVE REMEDIES.-Any
1271	administrative remedy available for collection of support may be
1272	used to collect noncovered medical expenses that are determined
1273	or established under this section. The department may collect
1274	noncovered medical expenses in installments by adding a periodic
1275	payment to an income deduction notice issued by the department.
1276	Section 11.  Effective November 1, 2010, subsections (4),
1277	(5), (7), (8), (9), and (11) of section 409.2564, Florida
1278	Statutes, are amended to read:
1279	409.2564  Actions for support.-
1280	(4)  Whenever the Department of Revenue has undertaken an
1281	action for enforcement of support, the Department of Revenue may
1282	enter into an agreement with the obligor for the entry of a
1283	judgment determining paternity, if applicable, and for periodic
1284	child support payments based on the child support guidelines
1285	schedule in s. 61.30. Prior to entering into this agreement, the
1286	obligor shall be informed that a judgment will be entered based
1287	on the agreement. The clerk of the court shall file the
1288	agreement without the payment of any fees or charges, and the
1289	court, upon entry of the judgment, shall forward a copy of the
1290	judgment to the parties to the action. To encourage out-of-court
1291	settlement and promote support order compliance, if the obligor
1292	and the Department of Revenue agree on entry of a support order
1293	and its terms, the guideline amount owed for retroactive support
1294	that is permanently assigned to the state shall be reduced by 25
1295	percent.
1296	(5)  Whenever the department IV-D agency has undertaken an
1297	action to determine paternity, to establish an obligation of
1298	support, or to enforce or modify an obligation of support, the
1299	department IV-D agency shall be a party to the action only for
1300	those purposes allowed under Title IV-D of the Social Security
1301	Act. The program attorney shall be the attorney of record solely
1302	for the purposes of support enforcement as authorized under
1303	Title IV-D and may prosecute only those activities which are
1304	eligible for federal financial participation under Title IV-D.
1305	An attorney-client relationship exists only between the
1306	department and the legal services providers in all Title IV-D
1307	cases. The attorney shall advise the obligee in Title IV-D cases
1308	that the attorney represents the agency and not the obligee.
1309	(7)  The director of the department Title IV-D agency, or
1310	the director's designee, is authorized to subpoena from any
1311	person financial and other information necessary to establish,
1312	modify, or enforce a child support order.
1313	(a)  For the purpose of establishing or modifying a child
1314	support order, or enforcing a support order, the director of the
1315	department this or another state's Title IV-D agency, or any
1316	employee designated by the director of the department this
1317	state's Title IV-D agency or authorized under another
1318	law, may administer oaths or affirmations, subpoena witnesses
1319	and compel their attendance, take evidence and require the
1320	production of any matter which is relevant to the support
1321	action, including the existence, description, nature, custody,
1322	condition, and location of any books, documents, or other
1323	tangible things and the identity and location of persons having
1324	knowledge of relevant facts or any other matter reasonably
1325	calculated to lead to the discovery of material evidence.
1326	(b)  Subpoenas issued by the department this or another any
1327	other state's Title IV-D agency may be challenged in accordance
1328	with s. 120.569(2)(k)1. While a subpoena is being challenged,
1329	the department Title IV-D agency may not impose a fine as
1330	provided for under paragraph (c) until the challenge is complete
1331	and the subpoena has been found to be valid.
1332	(c)  The department Title IV-D agency is authorized to
1333	impose a fine for failure to comply with a subpoena. Failure to
1334	comply with the subpoena, or to challenge the subpoena as
1335	provided in paragraph (b), within 15 days after service of the
1336	subpoena may result in the agency taking the following actions:
1337	1.  Imposition of an administrative fine of not more than
1338	$500.
1339	2.  Enforcement of the subpoena as provided in s.
1340	120.569(2)(k)2. When the subpoena is enforced pursuant to s.
1341	120.569(2)(k)2., the court may award costs and fees to the
1342	prevailing party in accordance with that section.
1343	(d)  The department Title IV-D agency may seek to collect
1344	administrative fines imposed pursuant to paragraph (c) by filing
1345	a petition in the circuit court of the judicial circuit in which
1346	the person against whom the fine was imposed resides. All fines
1347	collected pursuant to this subsection shall be deposited into
1348	the Child Support Enforcement Application and Program Revenue
1349	Trust Fund.
1350	(8)  In cases in which support is subject to an assignment
1351	as provided under 45 C.F.R. s. 301.1, the department Title IV-D
1352	agency shall, upon providing notice to the obligor and obligee,
1353	direct the obligor or other payor to change the payee to the
1354	appropriate depository.
1355	(9)(a)  For the purpose of securing delinquent support, the
1356	department Title IV-D agency may increase the amount of the
1357	monthly support obligation to include amounts for delinquencies,
1358	subject to such conditions or limitations as set forth in
1359	paragraph (b).
1360	(b)  In support obligations not subject to income
1361	deduction, the department Title IV-D agency shall notify the
1362	obligor of his or her delinquency and of the department's intent
1363	to require an additional 20 percent of the monthly obligation
1364	amount to allow for collection of the delinquency unless, within
1365	20 days, the obligor:
1366	1.  Pays the delinquency in full; or
1367	2.  Files a petition with the circuit court to contest the
1368	delinquency action.
1369	(11)(a)  The department Title IV-D agency shall review
1370	child support orders in IV-D cases at least once every 3 years
1371	when requested upon request by either party, or when support
1372	rights are assigned the agency in cases where there is an
1373	assignment of support to the state under s. 414.095(7), and
1374	seek modification adjustment of the order if appropriate under
1375	the child support guidelines schedule established in s. 61.30.
1376	Not less than once every 3 years the department IV-D agency
1377	shall provide notice to the parties subject to the order
1378	informing them of their right to request a review and, if
1379	appropriate, a modification an adjustment of the child support
1380	order. The Said notice requirement may be met by including
1381	appropriate language in the initial support order or any
1382	subsequent orders.
1383	(b)  If the department's review of a support order entered
1384	by the circuit court indicates that the order should be
1385	modified, the department, through counsel, shall file a petition
1386	to modify the order with the court. Along with the petition, the
1387	department shall file a child support guideline worksheet, any
1388	financial affidavits or written declarations, pursuant to s.
1389	61.30(15), received from the parties or completed by the
1390	department as part of the support order review, a proposed
1391	modified order that includes findings as to the source and
1392	amount of income, and a notice that informs the parties of the
1393	requirement to file an objection or a request for hearing with
1394	the court if the party wants a court hearing on the petition to
1395	modify. A copy of the petition, proposed order, and other
1396	documents shall be served by regular mail on a party who
1397	requested the support order review. A party who did not request
1398	the support order review shall be served personally in any
1399	manner authorized under chapter 48.
1400	(c)  To obtain a court hearing on a petition to modify, a
1401	party who is served by regular mail must file an objection to
1402	the proposed order or a request for hearing with the court
1403	within 30 days after the date on which the petition, proposed
1404	order, and other documents were mailed. If a party is served
1405	personally, to obtain a court hearing on a petition to modify
1406	the party must file an objection to the proposed order or a
1407	request for hearing with the court within 30 days after the date
1408	of receipt of the petition, proposed order, and other documents.
1409	(d)  If a timely objection or request for hearing is not
1410	filed with the court, the court may modify the support order
1411	without a hearing in accordance with the terms of the proposed
1412	order.
1413	(e)  If a support order does not provide for payment of
1414	noncovered medical expenses or require health insurance for the
1415	minor child and health insurance is accessible to the child and
1416	available at a reasonable cost, the department shall seek to
1417	have the order modified and any modification shall be made
1418	without a requirement for proof or showing of a change in
1419	circumstances.
1420	Section 12.  Subsection (5) of section 409.2567, Florida
1421	Statutes, is amended to read:
1422	409.2567  Services to individuals not otherwise eligible.-
1423	(5)  The Department of Revenue may shall seek a waiver from
1424	the Secretary of the United States Department of Health and
1425	Human Services to authorize the Department of Revenue to provide
1426	services in accordance with Title IV-D of the Social Security
1427	Act to individuals who are owed support without need of an
1428	application. The department may seek a waiver if it determines
1429	that the estimated increase in federal funding to the state
1430	would exceed any additional cost to the state if the waiver is
1431	granted. If the waiver is granted, the Department of Revenue
1432	shall adopt rules to implement the waiver and begin providing
1433	Title IV-D services if support payments are not being paid as
1434	ordered, except that the individual first must be given written
1435	notice of the right to refuse Title IV-D services and a
1436	reasonable opportunity to respond.
1437	Section 13.  Subsection (3) of section 409.259, Florida
1438	Statutes, is amended to read:
1439	409.259  Filing fees in Title IV-D cases; electronic filing
1440	of pleadings, returns of service, and other papers.-
1441	(3)  The clerks of the circuit court, chief judges through
1442	the Office of the State Courts Administrator, sheriffs, Office
1443	of the Attorney General, and Department of Revenue shall work
1444	cooperatively to implement electronic filing of pleadings,
1445	returns of service, and other papers with the clerks of the
1446	circuit court in Title IV-D cases upon completion of the
1447	department's Child Support Automated Management System II by
1448	October 1, 2009.
1449	Section 14.  Paragraph (a) of subsection (20) of section
1450	409.910, Florida Statutes, is amended to read:
1451	409.910  Responsibility for payments on behalf of Medicaid-
1452	eligible persons when other parties are liable.-
1453	(20)  Entities providing health insurance as defined in s.
1454	624.603, health maintenance organizations and prepaid health
1455	clinics as defined in chapter 641, and, on behalf of their
1456	clients, third-party administrators and pharmacy benefits
1457	managers as defined in s. 409.901(27) shall provide such records
1458	and information as are necessary to accomplish the purpose of
1459	this section, unless such requirement results in an unreasonable
1460	burden.
1461	(a)  The director of the agency and the Director of the
1462	Office of Insurance Regulation of the Financial Services
1463	Commission shall enter into a cooperative agreement for
1464	requesting and obtaining information necessary to effect the
1465	purpose and objective of this section.
1466	1.  The agency shall request only that information
1467	necessary to determine whether health insurance as defined
1468	pursuant to s. 624.603, or those health services provided
1469	pursuant to chapter 641, could be, should be, or have been
1470	claimed and paid with respect to items of medical care and
1471	services furnished to any person eligible for services under
1472	this section.
1473	2.  All information obtained pursuant to subparagraph 1. is
1474	confidential and exempt from s. 119.07(1). The agency shall
1475	provide the information obtained pursuant to subparagraph 1. to
1476	the Department of Revenue for purposes of administering the
1477	Title IV-D program. The agency and the department shall enter
1478	into a cooperative agreement for purposes of implementing this
1479	requirement.
1480	3.  The cooperative agreement or rules adopted under this
1481	subsection may include financial arrangements to reimburse the
1482	reporting entities for reasonable costs or a portion thereof
1483	incurred in furnishing the requested information. Neither the
1484	cooperative agreement nor the rules shall require the automation
1485	of manual processes to provide the requested information.
1486	Section 15.  Subsection (7) of section 414.095, Florida
1487	Statutes, is amended to read:
1488	414.095  Determining eligibility for temporary cash
1489	assistance.-
1490	(7)  ASSIGNMENT OF RIGHTS TO SUPPORT.-As a condition of
1491	receiving temporary cash assistance, the family must assign to
1492	the Department of Revenue any rights a member of a family may
1493	have to support from any other person. This applies to any
1494	family member; however, the assigned amounts must not exceed the
1495	total amount of temporary cash assistance provided to the
1496	family. The assignment of support does not apply if the family
1497	leaves the program.
1498	Section 16.  Subsection (1) of section 741.01, Florida
1499	Statutes, is amended to read:
1500	741.01  County court judge or clerk of the circuit court to
1501	issue marriage license; fee.-
1502	(1)  Every marriage license shall be issued by a county
1503	court judge or clerk of the circuit court under his or her hand
1504	and seal. The county court judge or clerk of the circuit court
1505	shall issue such license, upon application for the license, if
1506	there appears to be no impediment to the marriage. An
1507	application for a marriage license must allow both parties to
1508	the marriage to state under oath and in writing if they are the
1509	parents of a child born in the state and to identify any such
1510	child they have in common by name, date of birth, place of
1511	birth, and, if available, birth certificate number. The name of
1512	any child recorded by both parties must be transmitted to the
1513	Department of Health with the original marriage license and
1514	endorsements. The county court judge or clerk of the circuit
1515	court shall collect and receive a fee of $2 for receiving the
1516	application for the issuance of a marriage license.
1517	Section 17.  Effective November 1, 2010, for the purpose of
1518	incorporating the amendment made by this act to section
1519	409.2564, Florida Statutes, in a reference thereto, paragraph
1520	(c) of subsection (1) of section 61.14, Florida Statutes, is
1521	reenacted to read:
1522	61.14  Enforcement and modification of support,
1523	maintenance, or alimony agreements or orders.-
1524	(1)
1525	(c)  For each support order reviewed by the department as
1526	required by s. 409.2564(11), if the amount of the child support
1527	award under the order differs by at least 10 percent but not
1528	less than $25 from the amount that would be awarded under s.
1529	61.30, the department shall seek to have the order modified and
1530	any modification shall be made without a requirement for proof
1531	or showing of a change in circumstances.
1532	Section 18.  Effective November 1, 2010, for the purpose of
1533	incorporating the amendment made by this act to section
1534	409.2564, Florida Statutes, in a reference thereto, paragraph
1535	(c) of subsection (1) of section 61.30, Florida Statutes, is
1536	reenacted to read:
1537	61.30  Child support guidelines; retroactive child
1538	support.-
1539	(1)
1540	(c)  For each support order reviewed by the department as
1541	required by s. 409.2564(11), if the amount of the child support
1542	award under the order differs by at least 10 percent but not
1543	less than $25 from the amount that would be awarded under s.
1544	61.30, the department shall seek to have the order modified and
1545	any modification shall be made without a requirement for proof
1546	or showing of a change in circumstances.
1547	Section 19.  Except as otherwise expressly provided in this
1548	act, this act shall take effect upon becoming a law.

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