Florida Senate - 2011 SB 1364 By Senator Storms 10-00704B-11 20111364__ 1 A bill to be entitled 2 An act relating to child support; amending s. 61.13, 3 F.S.; providing that certain affidavits in Title IV-D 4 child support cases need not allege default in 5 payments; amending s. 61.13016, F.S.; providing for 6 the payment of paternity or support obligations by 7 income deduction to avoid the suspension of the 8 obligor’s driver’s license and motor vehicle 9 registration; amending s. 322.058, F.S.; providing for 10 the reinstatement of such privileges; amending s. 11 409.256, F.S.; permitting a caregiver to state in an 12 affidavit or written declaration information regarding 13 a child’s putative father in order to enable the 14 Department of Revenue to commence an administrative 15 proceeding to establish paternity or paternity and 16 child support; amending s. 409.2563, F.S.; extending 17 the time within which a parent from whom support is 18 being sought pursuant to a proposed administrative 19 support order may request an informal conference to 20 discuss the proposed order; requiring that such 21 request be in writing only; providing effective dates. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Effective upon this act becoming a law, 26 paragraph (d) of subsection (1) of section 61.13, Florida 27 Statutes, is amended to read: 28 61.13 Support of children; parenting and time-sharing; 29 powers of court.— 30 (1) 31 (d)1. All child support orders shall provide the full name 32 and date of birth of each minor child who is the subject of the 33 child support order. 34 2. If both parties request and the court finds that it is 35 in the best interest of the child, support payments need not be 36 subject to immediate income deduction. Support orders that are 37 not subject to immediate income deduction may be directed 38 through the depository under s. 61.181 or made payable directly 39 to the obligee. Payments made by immediate income deduction 40 shall be made to the State Disbursement Unit. The court shall 41 provide a copy of the order to the depository. 42 3. For support orders payable directly to the obligee, any 43 party, or the department in a IV-D case, may subsequently file 44 an affidavit with the depository alleging a default in payment 45 of child support and stating that the party wishes to require 46 that payments be made through the depository. For IV-D cases the 47 affidavit need not allege a default in support payments and 48 default is not required. The party shall provide copies of the 49 affidavit to the court and to each other party. Fifteen days 50 after receipt of the affidavit, the depository shall notify all 51 parties that future payments shall be paid through the 52 depository, except that payments in Title IV-D cases and income 53 deduction payments shall be made to the State Disbursement Unit. 54 Section 2. Effective upon this act becoming a law, 55 subsections (1) and (3) of section 61.13016, Florida Statutes, 56 are amended to read: 57 61.13016 Suspension of driver’s licenses and motor vehicle 58 registrations.— 59 (1) The driver’s license and motor vehicle registration of 60 a support obligor who is delinquent in payment or who has failed 61 to comply with subpoenas or a similar order to appear or show 62 cause relating to paternity or support proceedings may be 63 suspended. When an obligor is 15 days delinquent making a 64 payment in support or failure to comply with a subpoena, order 65 to appear, order to show cause, or similar order in IV-D cases, 66 the Title IV-D agency may provide notice to the obligor of the 67 delinquency or failure to comply with a subpoena, order to 68 appear, order to show cause, or similar order and the intent to 69 suspend by regular United States mail that is posted to the 70 obligor’s last address of record with the Department of Highway 71 Safety and Motor Vehicles. When an obligor is 15 days delinquent 72 in making a payment in support in non-IV-D cases, and upon the 73 request of the obligee, the depository or the clerk of the court 74 must provide notice to the obligor of the delinquency and the 75 intent to suspend by regular United States mail that is posted 76 to the obligor’s last address of record with the Department of 77 Highway Safety and Motor Vehicles. In either case, the notice 78 must state: 79 (a) The terms of the order creating the support obligation; 80 (b) The period of the delinquency and the total amount of 81 the delinquency as of the date of the notice or describe the 82 subpoena, order to appear, order to show cause, or other similar 83 order thatwhichhas not been complied with; 84 (c) That notification maywillbe given to the Department 85 of Highway Safety and Motor Vehicles to suspend the obligor’s 86 driver’s license and motor vehicle registration unless, within 87 20 days after the date the notice is mailed, the obligor: 88 1.a. Pays the delinquency in full and any other costs and 89 fees accrued between the date of the notice and the date the 90 delinquency is paid; 91 b. Enters into a written agreement for payment with the 92 obligee in non-IV-D cases or with the Title IV-D agency in IV-D 93 cases; or in IV-D cases, complies with a subpoena or order to 94 appear, order to show cause, or a similar order;or95 c. Files a petition with the circuit court to contest the 96 delinquency action; orand97 d. Begins paying by income deduction; and 98 2. Pays any applicable delinquency fees. 99 If the obligor in non-IV-D cases enters into a written agreement 100 for payment before the expiration of the 20-day period, the 101 obligor must provide a copy of the signed written agreement to 102 the depository or the clerk of the court. 103 (3) If the obligor does not, within 20 days after the 104 mailing date on the notice, pay the delinquency, enter into a 105 writtenpaymentagreement, comply with the subpoena, order to 106 appear, order to show cause, or other similar order, begin 107 paying by income deduction, or file a motion to contest, the 108 Title IV-D agency in IV-D cases, or the depository or clerk of 109 the court in non-IV-D cases, mayshallfile the notice with the 110 Department of Highway Safety and Motor Vehicles and request the 111 suspension of the obligor’s driver’s license and motor vehicle 112 registration in accordance with s. 322.058. 113 Section 3. Effective upon this act becoming a law, 114 subsection (2) of section 322.058, Florida Statutes, is amended 115 to read: 116 322.058 Suspension of driving privileges due to support 117 delinquency; reinstatement.— 118 (2) The department must reinstate the driving privilege and 119 allow registration of a motor vehicle when the Title IV-D agency 120 in IV-D cases or the depository or the clerk of the court in 121 non-IV-D cases provides to the department an affidavit stating 122 that: 123 (a) The person has paid the delinquency; 124 (b) The person has reached a written agreement for payment 125 with the Title IV-D agency or the obligee in non-IV-D cases; 126 (c) A court has entered an order granting relief to the 127 obligor ordering the reinstatement of the license and motor 128 vehicle registration;or129 (d) The person has complied with the subpoena, order to 130 appear, order to show cause, or similar order; or 131 (e) The obligor is paying by income deduction. 132 Section 4. Paragraph (a) of subsection (2) of section 133 409.256, Florida Statutes, is amended to read: 134 409.256 Administrative proceeding to establish paternity or 135 paternity and child support; order to appear for genetic 136 testing.— 137 (2) JURISDICTION; LOCATION OF HEARINGS; RIGHT OF ACCESS TO 138 THE COURTS.— 139 (a) The department may commence a paternity proceeding or a 140 paternity and child support proceeding as provided in subsection 141 (4) if: 142 1. The child’s paternity has not been established. 143 2. No one is named as the father on the child’s birth 144 certificate or the person named as the father is the putative 145 father named in an affidavit or a written declaration as 146 provided in subparagraph 5. 147 3. The child’s mother was unmarried when the child was 148 conceived and born. 149 4. The department is providing services under Title IV-D. 150 5. The child’s mother, a caregiver, or a putative father 151 has stated in an affidavit, or in a written declaration as 152 provided in s. 92.525(2), that the putative father is or may be 153 the child’s biological father. The affidavit or written 154 declaration must set forth the factual basis for the allegation 155 of paternity as provided in s. 742.12(2). 156 Section 5. Paragraph (c) of subsection (5) of section 157 409.2563, Florida Statutes, is amended to read: 158 409.2563 Administrative establishment of child support 159 obligations.— 160 (5) PROPOSED ADMINISTRATIVE SUPPORT ORDER.— 161 (c) The department shall provide a notice of rights with 162 the proposed administrative support order, which notice must 163 inform the parent from whom support is being sought that: 164 1. The parent from whom support is being sought may, within 165 20 days after the date of mailing or other service of the 166 proposed administrative support order, request a hearing by 167 filing a written request for hearing in a form and manner 168 specified by the department; 169 2. If the parent from whom support is being sought files a 170 timely request for a hearing, the case shall be transferred to 171 the Division of Administrative Hearings, which shall conduct 172 further proceedings and may enter an administrative support 173 order; 174 3. A parent from whom support is being sought who fails to 175 file a timely request for a hearing shall be deemed to have 176 waived the right to a hearing, and the department may render an 177 administrative support order pursuant to paragraph (7)(b); 178 4. The parent from whom support is being sought may consent 179 in writing to entry of an administrative support order without a 180 hearing; 181 5. The parent from whom support is being sought may, within 182 1510days after the date of mailing or other service of the 183 proposed administrative support order, request to informally 184 discuss the proposed administrative support order by filing a 185 written request with the departmentcontact a department186representative,at the addressor telephone numberspecified in 187 the notice,to informally discuss the proposed administrative188support orderand, if informal discussions are requested timely, 189 the time for requesting a hearing will be extended until 10 days 190 after the department notifies the parent that the informal 191 discussions have been concluded; and 192 6. If an administrative support order that establishes a 193 parent’s support obligation is rendered, whether after a hearing 194 or without a hearing, the department may enforce the 195 administrative support order by any lawful means. 196 Section 6. Except as otherwise expressly provided in this 197 act and except for this section, which shall take effect upon 198 this act becoming a law, this act shall take effect July 1, 199 2011.