Florida Senate - 2017 CS for SB 552 By the Committee on Criminal Justice; and Senator Bracy 591-02927-17 2017552c1 1 A bill to be entitled 2 An act relating to child support; creating the 3 “Florida Responsible Parent Act”; amending s. 4 61.13016, F.S.; providing additional circumstances 5 under which an obligor who fails to pay child support 6 may avoid suspension of his or her driver license and 7 motor vehicle registration; providing an effective 8 date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. This act may be cited as the “Florida 13 Responsible Parent Act.” 14 Section 2. Subsections (1) and (4) of section 61.13016, 15 Florida Statutes, are amended to read: 16 61.13016 Suspension of driver licenses and motor vehicle 17 registrations.— 18 (1) The driver license and motor vehicle registration of a 19 support obligor who is delinquent in payment or who has failed 20 to comply with subpoenas or a similar order to appear or show 21 cause relating to paternity or support proceedings may be 22 suspended. When an obligor is 15 days delinquent making a 23 payment in support or failure to comply with a subpoena, order 24 to appear, order to show cause, or similar order in IV-D cases, 25 the Title IV-D agency may provide notice to the obligor of the 26 delinquency or failure to comply with a subpoena, order to 27 appear, order to show cause, or similar order and the intent to 28 suspend by regular United States mail that is posted to the 29 obligor’s last address of record with the Department of Highway 30 Safety and Motor Vehicles. When an obligor is 15 days delinquent 31 in making a payment in support in non-IV-D cases, and upon the 32 request of the obligee, the depository or the clerk of the court 33 must provide notice to the obligor of the delinquency and the 34 intent to suspend by regular United States mail that is posted 35 to the obligor’s last address of record with the Department of 36 Highway Safety and Motor Vehicles. In either case, the notice 37 must state: 38 (a) The terms of the order creating the support obligation; 39 (b) The period of the delinquency and the total amount of 40 the delinquency as of the date of the notice or describe the 41 subpoena, order to appear, order to show cause, or other similar 42 order that has not been complied with; 43 (c) That notification will be given to the Department of 44 Highway Safety and Motor Vehicles to suspend the obligor’s 45 driver license and motor vehicle registration unless, within 20 46 days after the date that the notice is mailed, the obligor: 47 1.a. Pays the delinquency in full and any other costs and 48 fees accrued between the date of the notice and the date the 49 delinquency is paid; 50 b. Enters into a written agreement for payment with the 51 obligee in non-IV-D cases or with the Title IV-D agency in IV-D 52 cases; or in IV-D cases, complies with a subpoena or order to 53 appear, order to show cause, or a similar order; 54 c. Files a petition with the circuit court to contest the 55 delinquency action as provided in subsection (4); 56 d. Demonstrates that he or she receives reemployment 57 assistance or unemployment compensation pursuant to chapter 443; 58 e. Demonstrates that he or she is disabled and incapable of 59 self-support or that he or she receives benefits under the 60 federal Supplemental Security Income program or Social Security 61 Disability Insurance program; 62 f. Demonstrates that he or she receives temporary cash 63 assistance pursuant to chapter 414; or 64 g. Demonstrates that he or she is making payments in 65 accordance with a confirmed bankruptcy plan under chapter 11, 66 chapter 12, or chapter 13 of the United States Bankruptcy Code, 67 11 U.S.C. ss. 101 et seq.; and 68 2. Pays any applicable delinquency fees. 69 70 If an obligor in a non-IV-D case enters into a written agreement 71 for payment before the expiration of the 20-day period, the 72 obligor must provide a copy of the signed written agreement to 73 the depository or the clerk of the court. If an obligor seeks to 74 satisfy sub-subparagraph 1.d., sub-subparagraph 1.e., sub 75 subparagraph 1.f., or sub-subparagraph 1.g. before expiration of 76 the 20-day period, the obligor must provide the applicable 77 documentation or proof to the depository or the clerk of the 78 court. 79 (4)(a) The obligor may, within 20 days after the mailing 80 date on the notice of delinquency or noncompliance and intent to 81 suspend, file in the circuit court a petition to contest the 82 notice of delinquency or noncompliance and intent to suspend on 83 the ground of: 84 1. Mistake of fact regarding the existence of a 85 delinquency;or86 2. Mistake of fact regarding the identity of the obligor; 87 or 88 3. No ability to make payments toward the delinquency due 89 to circumstances including, but not limited to, temporary 90 interruption in employment as the result of a natural disaster, 91 incapacitation as the result of an illness or temporary medical 92 condition, or temporary unexpected involuntary unemployment. 93 (b) The obligor must serve a copy of the petition on the 94 Title IV-D agency in IV-D cases or depository or clerk of the 95 court in non-IV-D cases. When an obligor timely files a petition 96 to contest, the court must hear the matter within 15 days after 97 the petition is filed. The court must enter an order resolving 98 the matter within 10 days after the hearing, and a copy of the 99 order must be served on the parties. The timely filing of a 100 petition to contest stays the notice of delinquency and intent 101 to suspend until the entry of a court order resolving the 102 matter. 103 Section 3. This act shall take effect July 1, 2017.