Florida Senate - 2017                              CS for SB 590
       
       
        
       By the Committee on Judiciary; and Senators Brandes, Stargel,
       and Gibson
       
       
       
       
       590-02996-17                                           2017590c1
    1                        A bill to be entitled                      
    2         An act relating to child support and parenting time
    3         plans; amending s. 409.2551, F.S.; stating legislative
    4         intent to encourage frequent contact between a child
    5         and each parent; amending s. 409.2554, F.S.; defining
    6         terms; amending s. 409.2557, F.S.; authorizing the
    7         Department of Revenue to establish parenting time
    8         plans agreed to by both parents in Title IV-D child
    9         support actions; amending s. 409.2563, F.S.; requiring
   10         the department to mail Title IV-D Standard Parenting
   11         Time Plans with proposed administrative support
   12         orders; providing requirements for including parenting
   13         time plans in certain administrative orders; creating
   14         s. 409.25633, F.S.; providing the purpose and
   15         requirements for Title IV-D Standard Parenting Time
   16         Plans; requiring the department to refer parents who
   17         do not agree on a parenting time plan to a circuit
   18         court; requiring the department to create and provide
   19         a form for a petition to establish a parenting time
   20         plan under certain circumstances; specifying that the
   21         parents are not required to pay a fee to file the
   22         petition; authorizing the department to adopt rules;
   23         amending s. 409.2564, F.S.; authorizing the department
   24         to incorporate either an agreed-upon parenting time
   25         plan or a Title IV-D Standard Parenting Time Plan in a
   26         child support order; amending ss. 409.256 and
   27         409.2572, F.S.; conforming cross-references; providing
   28         an appropriation; providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Section 409.2551, Florida Statutes, is amended
   33  to read:
   34         409.2551 Legislative intent.—Common-law and statutory
   35  procedures governing the remedies for enforcement of support for
   36  financially dependent children by persons responsible for their
   37  support have not proven sufficiently effective or efficient to
   38  cope with the increasing incidence of financial dependency. The
   39  increasing workload of courts, prosecuting attorneys, and the
   40  Attorney General has resulted in a growing burden on the
   41  financial resources of the state, which is constrained to
   42  provide public assistance for basic maintenance requirements
   43  when parents fail to meet their primary obligations. The state,
   44  therefore, exercising its police and sovereign powers, declares
   45  that the common-law and statutory remedies pertaining to family
   46  desertion and nonsupport of dependent children shall be
   47  augmented by additional remedies directed to the resources of
   48  the responsible parents. In order to render resources more
   49  immediately available to meet the needs of dependent children,
   50  it is the legislative intent that the remedies provided herein
   51  are in addition to, and not in lieu of, existing remedies. It is
   52  declared to be the public policy of this state that this act be
   53  construed and administered to the end that children shall be
   54  maintained from the resources of their parents, thereby
   55  relieving, at least in part, the burden presently borne by the
   56  general citizenry through public assistance programs. It is also
   57  the public policy of this state to encourage frequent contact
   58  between a child and each parent to optimize the development of a
   59  close and continuing relationship between each parent and the
   60  child. There is no presumption for or against the father or
   61  mother of the child or for or against any specific time-sharing
   62  schedule when a parenting time plan is created.
   63         Section 2. Section 409.2554, Florida Statutes, is reordered
   64  and amended to read:
   65         409.2554 Definitions; ss. 409.2551-409.2598.—As used in ss.
   66  409.2551-409.2598, the term:
   67         (5)(1) “Department” means the Department of Revenue.
   68         (6)(2) “Dependent child” means any unemancipated person
   69  under the age of 18, any person under the age of 21 and still in
   70  school, or any person who is mentally or physically
   71  incapacitated when such incapacity began before prior to such
   72  person reaching the age of 18. This definition may shall not be
   73  construed to impose an obligation for child support beyond the
   74  child’s attainment of majority except as imposed in s. 409.2561.
   75         (3) “Court” means the circuit court.
   76         (4) “Court order” means any judgment or order of any court
   77  of appropriate jurisdiction of the state, or an order of a court
   78  of competent jurisdiction of another state, ordering payment of
   79  a set or determinable amount of support money.
   80         (7)(5) “Health insurance” means coverage under a fee-for
   81  service arrangement, health maintenance organization, or
   82  preferred provider organization, and other types of coverage
   83  available to either parent, under which medical services could
   84  be provided to a dependent child.
   85         (8)(6) “Obligee” means the person to whom support payments
   86  are made pursuant to an alimony or child support order.
   87         (9)(7) “Obligor” means a person who is responsible for
   88  making support payments pursuant to an alimony or child support
   89  order.
   90         (12)(8) “Public assistance” means money assistance paid on
   91  the basis of Title IV-E and Title XIX of the Social Security
   92  Act, temporary cash assistance, or food assistance benefits
   93  received on behalf of a child under 18 years of age who has an
   94  absent parent.
   95         (10)(9) “Program attorney” means an attorney employed by
   96  the department, under contract with the department, or employed
   97  by a contractor of the department, to provide legal
   98  representation for the department in a proceeding related to the
   99  determination of paternity or the establishment, modification,
  100  or enforcement of support brought pursuant to law.
  101         (11)(10) “Prosecuting attorney” means any private attorney,
  102  county attorney, city attorney, state attorney, program
  103  attorney, or an attorney employed by an entity of a local
  104  political subdivision who engages in legal action related to the
  105  determination of paternity or the establishment, modification,
  106  or enforcement of support brought pursuant to this act.
  107         (13) “State Case Registry” means the automated registry
  108  maintained by the Title IV-D agency, containing records of each
  109  Title IV-D case and of each support order established or
  110  modified in the state on or after October 1, 1998. Such records
  111  must consist of data elements as required by the United States
  112  Secretary of Health and Human Services.
  113         (14) “State Disbursement Unit” means the unit established
  114  and operated by the Title IV-D agency to provide one central
  115  address for collection and disbursement of child support
  116  payments made in cases enforced by the department pursuant to
  117  Title IV-D of the Social Security Act and in cases not being
  118  enforced by the department in which the support order was
  119  initially issued in this state on or after January 1, 1994, and
  120  in which the obligor’s child support obligation is being paid
  121  through income deduction order.
  122         (16) “Title IV-D Standard Parenting Time Plan” means a
  123  document which may be agreed to by the parents to govern the
  124  relationship between the parents and to provide the parent who
  125  owes support a reasonable minimum amount of time with his or her
  126  child. The plans set forth in s. 409.25633 include timetables
  127  that specify the time, including overnights and holidays, that a
  128  minor child 3 years of age or older may spend with each parent.
  129         (15)(11) “Support,” unless otherwise specified, means:
  130         (a) Child support, and, when the child support obligation
  131  is being enforced by the Department of Revenue, spousal support
  132  or alimony for the spouse or former spouse of the obligor with
  133  whom the child is living.
  134         (b) Child support only in cases not being enforced by the
  135  Department of Revenue.
  136         (1)(12) “Administrative costs” means any costs, including
  137  attorney’s fees, clerk’s filing fees, recording fees and other
  138  expenses incurred by the clerk of the circuit court, service of
  139  process fees, or mediation costs, incurred by the Title IV-D
  140  agency in its effort to administer the Title IV-D program. The
  141  administrative costs that which must be collected by the
  142  department shall be assessed on a case-by-case basis based upon
  143  a method for determining costs approved by the Federal
  144  Government. The administrative costs shall be assessed
  145  periodically by the department. The methodology for determining
  146  administrative costs shall be made available to the judge or any
  147  party who requests it. Only those amounts ordered independent of
  148  current support, arrears, or past public assistance obligation
  149  shall be considered and applied toward administrative costs.
  150         (2)(13) “Child support services” includes any civil,
  151  criminal, or administrative action taken by the Title IV-D
  152  program to determine paternity, establish, modify, enforce, or
  153  collect support.
  154         (17)(14) “Undistributable collection” means a support
  155  payment received by the department which the department
  156  determines cannot be distributed to the final intended
  157  recipient.
  158         (18)(15) “Unidentifiable collection” means a payment
  159  received by the department for which a parent, depository or
  160  circuit civil numbers, or source of the payment cannot be
  161  identified.
  162         Section 3. Subsection (2) of section 409.2557, Florida
  163  Statutes, is amended to read:
  164         409.2557 State agency for administering child support
  165  enforcement program.—
  166         (2) The department in its capacity as the state Title IV-D
  167  agency has shall have the authority to take actions necessary to
  168  carry out the public policy of ensuring that children are
  169  maintained from the resources of their parents to the extent
  170  possible. The department’s authority includes shall include, but
  171  is not be limited to, the establishment of paternity or support
  172  obligations, the establishment of a Title IV-D Standard
  173  Parenting Time Plan or any other parenting time plan agreed to
  174  by the parents, and as well as the modification, enforcement,
  175  and collection of support obligations.
  176         Section 4. Subsections (2), (4), (5), and (7) of section
  177  409.2563, Florida Statutes, are amended to read:
  178         409.2563 Administrative establishment of child support
  179  obligations.—
  180         (2) PURPOSE AND SCOPE.—
  181         (a) It is not the Legislature’s intent to limit the
  182  jurisdiction of the circuit courts to hear and determine issues
  183  regarding child support or parenting time. This section is
  184  intended to provide the department with an alternative procedure
  185  for establishing child support obligations and establishing a
  186  parenting time plan only if the parents are in agreement, in
  187  Title IV-D cases in a fair and expeditious manner when there is
  188  no court order of support. The procedures in this section are
  189  effective throughout the state and shall be implemented
  190  statewide.
  191         (b) If the parents do not have an existing time sharing
  192  schedule or parenting time plan and do not agree to a parenting
  193  time plan, a parenting time plan will not be included in the
  194  initial administrative order, only a statement explaining its
  195  absence.
  196         (c) If the parents have a judicially established parenting
  197  time plan, the plan will not be included in the administrative
  198  or initial judicial order.
  199         (d) Any notification provided by the department will not
  200  include Title IV-D Standard Parenting Time Plans if Florida is
  201  not the child’s home state, when one parent does not reside in
  202  Florida, if either parent has requested nondisclosure for fear
  203  of harm from the other parent, or when the parent who owes
  204  support is incarcerated.
  205         (e)(b) The administrative procedure set forth in this
  206  section concerns only the establishment of child support
  207  obligations and, if agreed to by both parents, a parenting time
  208  plan or Title IV-D Standard Parenting Time Plan. This section
  209  does not grant jurisdiction to the department or the Division of
  210  Administrative Hearings to hear or determine issues of
  211  dissolution of marriage, separation, alimony or spousal support,
  212  termination of parental rights, dependency, disputed paternity,
  213  except for a determination of paternity as provided in s.
  214  409.256, or award of or change of time-sharing. If both parents
  215  have agreed to a parenting time plan before the establishment of
  216  the administrative support order, the department or the Division
  217  of Administrative Hearings will incorporate the agreed-upon
  218  parenting time plan into the administrative support order. This
  219  paragraph notwithstanding, the department and the Division of
  220  Administrative Hearings may make findings of fact that are
  221  necessary for a proper determination of a parent’s support
  222  obligation as authorized by this section.
  223         (f)(c) If there is no support order for a child in a Title
  224  IV-D case whose paternity has been established or is presumed by
  225  law, or whose paternity is the subject of a proceeding under s.
  226  409.256, the department may establish a parent’s child support
  227  obligation pursuant to this section, s. 61.30, and other
  228  relevant provisions of state law. The administrative support
  229  order will include a parenting time plan or Title IV-D Standard
  230  Parenting Time Plan as agreed to by both parents. The parent’s
  231  obligation determined by the department may include any
  232  obligation to pay retroactive support and any obligation to
  233  provide for health care for a child, whether through insurance
  234  coverage, reimbursement of expenses, or both. The department may
  235  proceed on behalf of:
  236         1. An applicant or recipient of public assistance, as
  237  provided by ss. 409.2561 and 409.2567;
  238         2. A former recipient of public assistance, as provided by
  239  s. 409.2569;
  240         3. An individual who has applied for services as provided
  241  by s. 409.2567;
  242         4. Itself or the child, as provided by s. 409.2561; or
  243         5. A state or local government of another state, as
  244  provided by chapter 88.
  245         (g)(d) Either parent, or a caregiver if applicable, may at
  246  any time file a civil action in a circuit court having
  247  jurisdiction and proper venue to determine parental support
  248  obligations, if any. A support order issued by a circuit court
  249  prospectively supersedes an administrative support order
  250  rendered by the department.
  251         (h)(e) Pursuant to paragraph (e) (b), neither the
  252  department nor the Division of Administrative Hearings has
  253  jurisdiction to award or change child custody or rights of
  254  parental contact. The department or the Division of
  255  Administrative Hearings will incorporate a parenting time plan
  256  or Title IV-D Standard Parenting Time Plan as agreed to by both
  257  parents into the administrative support order. Either parent may
  258  at any time file a civil action in a circuit having jurisdiction
  259  and proper venue for a determination of child custody and rights
  260  of parental contact.
  261         (i)(f) The department shall terminate the administrative
  262  proceeding and file an action in circuit court to determine
  263  support if within 20 days after receipt of the initial notice
  264  the parent from whom support is being sought requests in writing
  265  that the department proceed in circuit court or states in
  266  writing his or her intention to address issues concerning time
  267  sharing or rights to parental contact in court and if within 10
  268  days after receipt of the department’s petition and waiver of
  269  service the parent from whom support is being sought signs and
  270  returns the waiver of service form to the department.
  271         (j)(g) The notices and orders issued by the department
  272  under this section shall be written clearly and plainly.
  273         (4) NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
  274  SUPPORT ORDER.—To commence a proceeding under this section, the
  275  department shall provide to the parent from whom support is not
  276  being sought and serve the parent from whom support is being
  277  sought with a notice of proceeding to establish administrative
  278  support order, a copy of the Title IV-D Standard Parenting Time
  279  Plans, and a blank financial affidavit form. The notice must
  280  state:
  281         (a) The names of both parents, the name of the caregiver,
  282  if any, and the name and date of birth of the child or children;
  283         (b) That the department intends to establish an
  284  administrative support order as defined in this section;
  285         (c) That the department will incorporate a parenting time
  286  plan or Title IV-D Standard Parenting Time Plan, as agreed to by
  287  both parents, into the administrative support order;
  288         (d)(c) That both parents must submit a completed financial
  289  affidavit to the department within 20 days after receiving the
  290  notice, as provided by paragraph (13)(a);
  291         (e)(d) That both parents, or parent and caregiver if
  292  applicable, are required to furnish to the department
  293  information regarding their identities and locations, as
  294  provided by paragraph (13)(b);
  295         (f)(e) That both parents, or parent and caregiver if
  296  applicable, are required to promptly notify the department of
  297  any change in their mailing addresses to ensure receipt of all
  298  subsequent pleadings, notices, and orders, as provided by
  299  paragraph (13)(c);
  300         (g)(f) That the department will calculate support
  301  obligations based on the child support guidelines schedule in s.
  302  61.30 and using all available information, as provided by
  303  paragraph (5)(a), and will incorporate such obligations into a
  304  proposed administrative support order;
  305         (h)(g) That the department will send by regular mail to
  306  both parents, or parent and caregiver if applicable, a copy of
  307  the proposed administrative support order, the department’s
  308  child support worksheet, and any financial affidavits submitted
  309  by a parent or prepared by the department;
  310         (i)(h) That the parent from whom support is being sought
  311  may file a request for a hearing in writing within 20 days after
  312  the date of mailing or other service of the proposed
  313  administrative support order or will be deemed to have waived
  314  the right to request a hearing;
  315         (j)(i) That if the parent from whom support is being sought
  316  does not file a timely request for hearing after service of the
  317  proposed administrative support order, the department will issue
  318  an administrative support order that incorporates the findings
  319  of the proposed administrative support order, and any agreed
  320  upon parenting time plan. The department will send by regular
  321  mail a copy of the administrative support order and any
  322  incorporated parenting time plan to both parents, or parent and
  323  caregiver if applicable;
  324         (k)(j) That after an administrative support order is
  325  rendered incorporating any agreed-upon parenting time plan, the
  326  department will file a copy of the order with the clerk of the
  327  circuit court;
  328         (l)(k) That after an administrative support order is
  329  rendered, the department may enforce the administrative support
  330  order by any lawful means. The department does not have
  331  jurisdiction to enforce any parenting time plan that is
  332  incorporated into an administrative support order;
  333         (m)(l) That either parent, or caregiver if applicable, may
  334  file at any time a civil action in a circuit court having
  335  jurisdiction and proper venue to determine parental support
  336  obligations, if any, and that a support order issued by a
  337  circuit court supersedes an administrative support order
  338  rendered by the department;
  339         (n)(m) That neither the department nor the Division of
  340  Administrative Hearings has jurisdiction to award or change
  341  child custody or rights of parental contact or time-sharing, and
  342  these issues may be addressed only in circuit court. The
  343  department or the Division of Administrative Hearings may
  344  incorporate, if agreed to by both parents, a parenting time plan
  345  or Title IV-D Standard Parenting Time Plan when the
  346  administrative support order is established.
  347         1. The parent from whom support is being sought may request
  348  in writing that the department proceed in circuit court to
  349  determine his or her support obligations.
  350         2. The parent from whom support is being sought may state
  351  in writing to the department his or her intention to address
  352  issues concerning custody or rights to parental contact in
  353  circuit court.
  354         3. If the parent from whom support is being sought submits
  355  the request authorized in subparagraph 1., or the statement
  356  authorized in subparagraph 2. to the department within 20 days
  357  after the receipt of the initial notice, the department shall
  358  file a petition in circuit court for the determination of the
  359  parent’s child support obligations, and shall send to the parent
  360  from whom support is being sought a copy of its petition, a
  361  notice of commencement of action, and a request for waiver of
  362  service of process as provided in the Florida Rules of Civil
  363  Procedure.
  364         4. If, within 10 days after receipt of the department’s
  365  petition and waiver of service, the parent from whom support is
  366  being sought signs and returns the waiver of service form to the
  367  department, the department shall terminate the administrative
  368  proceeding without prejudice and proceed in circuit court.
  369         5. In any circuit court action filed by the department
  370  pursuant to this paragraph or filed by a parent from whom
  371  support is being sought or other person pursuant to paragraph
  372  (m) (l) or paragraph (o) (n), the department shall be a party
  373  only with respect to those issues of support allowed and
  374  reimbursable under Title IV-D of the Social Security Act. It is
  375  the responsibility of the parent from whom support is being
  376  sought or other person to take the necessary steps to present
  377  other issues for the court to consider;.
  378         (o)(n) That if the parent from whom support is being sought
  379  files an action in circuit court and serves the department with
  380  a copy of the petition within 20 days after being served notice
  381  under this subsection, the administrative process ends without
  382  prejudice and the action must proceed in circuit court;
  383         (p)(o) Information provided by the Office of State Courts
  384  Administrator concerning the availability and location of self
  385  help programs for those who wish to file an action in circuit
  386  court but who cannot afford an attorney.
  387  
  388  The department may serve the notice of proceeding to establish
  389  an administrative support order and Title IV-D Standard
  390  Parenting Time Plans by certified mail, restricted delivery,
  391  return receipt requested. Alternatively, the department may
  392  serve the notice by any means permitted for service of process
  393  in a civil action. For purposes of this section, an authorized
  394  employee of the department may serve the notice and execute an
  395  affidavit of service. Service by certified mail is completed
  396  when the certified mail is received or refused by the addressee
  397  or by an authorized agent as designated by the addressee in
  398  writing. If a person other than the addressee signs the return
  399  receipt, the department shall attempt to reach the addressee by
  400  telephone to confirm whether the notice was received, and the
  401  department shall document any telephonic communications. If
  402  someone other than the addressee signs the return receipt, the
  403  addressee does not respond to the notice, and the department is
  404  unable to confirm that the addressee has received the notice,
  405  service is not completed and the department shall attempt to
  406  have the addressee served personally. The department shall
  407  provide the parent from whom support is not being sought or the
  408  caregiver with a copy of the notice by regular mail to the last
  409  known address of the parent from whom support is not being
  410  sought or caregiver.
  411         (5) PROPOSED ADMINISTRATIVE SUPPORT ORDER.—
  412         (a) After serving notice upon a parent in accordance with
  413  subsection (4), the department shall calculate that parent’s
  414  child support obligation under the child support guidelines
  415  schedule as provided by s. 61.30, based on any timely financial
  416  affidavits received and other information available to the
  417  department. If either parent fails to comply with the
  418  requirement to furnish a financial affidavit, the department may
  419  proceed on the basis of information available from any source,
  420  if such information is sufficiently reliable and detailed to
  421  allow calculation of guideline schedule amounts under s. 61.30.
  422  If a parent receives public assistance and fails to submit a
  423  financial affidavit, the department may submit a financial
  424  affidavit or written declaration for that parent pursuant to s.
  425  61.30(15). If there is a lack of sufficient reliable information
  426  concerning a parent’s actual earnings for a current or past
  427  period, it shall be presumed for the purpose of establishing a
  428  support obligation that the parent had an earning capacity equal
  429  to the federal minimum wage during the applicable period.
  430         (b) The department shall send by regular mail to both
  431  parents, or to a parent and caregiver if applicable, copies of
  432  the proposed administrative support order, a copy of the Title
  433  IV-D Standard Parenting Time Plans, its completed child support
  434  worksheet, and any financial affidavits submitted by a parent or
  435  prepared by the department. The proposed administrative support
  436  order must contain the same elements as required for an
  437  administrative support order under paragraph (7)(e).
  438         (c) The department shall provide a notice of rights with
  439  the proposed administrative support order, which notice must
  440  inform the parent from whom support is being sought that:
  441         1. The parent from whom support is being sought may, within
  442  20 days after the date of mailing or other service of the
  443  proposed administrative support order, request a hearing by
  444  filing a written request for hearing in a form and manner
  445  specified by the department;
  446         2. If the parent from whom support is being sought files a
  447  timely request for a hearing, the case shall be transferred to
  448  the Division of Administrative Hearings, which shall conduct
  449  further proceedings and may enter an administrative support
  450  order;
  451         3. A parent from whom support is being sought who fails to
  452  file a timely request for a hearing shall be deemed to have
  453  waived the right to a hearing, and the department may render an
  454  administrative support order pursuant to paragraph (7)(b);
  455         4. The parent from whom support is being sought may consent
  456  in writing to entry of an administrative support order without a
  457  hearing;
  458         5. The parent from whom support is being sought may, within
  459  10 days after the date of mailing or other service of the
  460  proposed administrative support order, contact a department
  461  representative, at the address or telephone number specified in
  462  the notice, to informally discuss the proposed administrative
  463  support order and, if informal discussions are requested timely,
  464  the time for requesting a hearing will be extended until 10 days
  465  after the department notifies the parent that the informal
  466  discussions have been concluded; and
  467         6. If an administrative support order that establishes a
  468  parent’s support obligation and incorporates either a parenting
  469  time plan or Title IV-D Standard Parenting Time Plan agreed to
  470  by both parents is rendered, whether after a hearing or without
  471  a hearing, the department may enforce the administrative support
  472  order by any lawful means. The department does not have the
  473  jurisdiction or authority to enforce a parenting time plan.
  474         (d) If, after serving the proposed administrative support
  475  order but before a final administrative support order is
  476  rendered, the department receives additional information that
  477  makes it necessary to amend the proposed administrative support
  478  order, it shall prepare an amended proposed administrative
  479  support order, with accompanying amended child support
  480  worksheets and other material necessary to explain the changes,
  481  and follow the same procedures set forth in paragraphs (b) and
  482  (c).
  483         (7) ADMINISTRATIVE SUPPORT ORDER.—
  484         (a) If a hearing is held, the administrative law judge of
  485  the Division of Administrative Hearings shall issue an
  486  administrative support order that will include a parenting time
  487  plan or Title IV-D Standard Parenting Time Plan agreed to by
  488  both parents, or a final order denying an administrative support
  489  order, which constitutes final agency action by the department.
  490  The Division of Administrative Hearings shall transmit any such
  491  order to the department for filing and rendering.
  492         (b) If the parent from whom support is being sought does
  493  not file a timely request for a hearing, the parent will be
  494  deemed to have waived the right to request a hearing.
  495         (c) If the parent from whom support is being sought waives
  496  the right to a hearing, or consents in writing to the entry of
  497  an order without a hearing, the department may render an
  498  administrative support order that will include a parenting time
  499  plan or Title IV-D Standard Parenting Time Plan agreed to by
  500  both parents.
  501         (d) The department shall send by regular mail a copy of the
  502  administrative support order that will include a parenting time
  503  plan or Title IV-D Standard Parenting Time Plan agreed to by
  504  both parents, or the final order denying an administrative
  505  support order, to both parents, or a parent and caregiver if
  506  applicable. The parent from whom support is being sought shall
  507  be notified of the right to seek judicial review of the
  508  administrative support order in accordance with s. 120.68.
  509         (e) An administrative support order must comply with ss.
  510  61.13(1) and 61.30. The department shall develop a standard form
  511  or forms for administrative support orders. An administrative
  512  support order must provide and state findings, if applicable,
  513  concerning:
  514         1. The full name and date of birth of the child or
  515  children;
  516         2. The name of the parent from whom support is being sought
  517  and the other parent or caregiver;
  518         3. The parent’s duty and ability to provide support;
  519         4. The amount of the parent’s monthly support obligation;
  520         5. Any obligation to pay retroactive support;
  521         6. The parent’s obligation to provide for the health care
  522  needs of each child, whether through health insurance,
  523  contribution toward the cost of health insurance, payment or
  524  reimbursement of health care expenses for the child, or any
  525  combination thereof;
  526         7. The beginning date of any required monthly payments and
  527  health insurance;
  528         8. That all support payments ordered must be paid to the
  529  Florida State Disbursement Unit as provided by s. 61.1824;
  530         9. That the parents, or caregiver if applicable, must file
  531  with the department when the administrative support order is
  532  rendered, if they have not already done so, and update as
  533  appropriate the information required pursuant to paragraph
  534  (13)(b);
  535         10. That both parents, or parent and caregiver if
  536  applicable, are required to promptly notify the department of
  537  any change in their mailing addresses pursuant to paragraph
  538  (13)(c); and
  539         11. That if the parent ordered to pay support receives
  540  reemployment assistance or unemployment compensation benefits,
  541  the payor shall withhold, and transmit to the department, 40
  542  percent of the benefits for payment of support, not to exceed
  543  the amount owed.
  544  
  545  An income deduction order as provided by s. 61.1301 must be
  546  incorporated into the administrative support order or, if not
  547  incorporated into the administrative support order, the
  548  department or the Division of Administrative Hearings shall
  549  render a separate income deduction order.
  550         Section 5. Section 409.25633, Florida Statutes, is created
  551  to read:
  552         409.25633.Title IV-D Standard Parenting Time Plans.
  553         (1) A Title IV-D Standard Parenting Time Plan must be
  554  presented to the parents in any administrative action taken by
  555  the Title IV-D program to establish or modify child support or
  556  to determine paternity. If the parents agree to the Title IV-D
  557  Standard Parenting Time Plan or to another parenting time plan,
  558  the plan must be incorporated into the administrative order. If
  559  the parents do not agree to a Title IV-D Standard Parenting Time
  560  Plan or if an agreed-upon parenting time plan is not included,
  561  the Department of Revenue must enter an administrative support
  562  order and refer the parents to the court of appropriate
  563  jurisdiction to establish a parenting time plan. The department
  564  must note on the referral that an administrative support order
  565  has been entered. If a parenting time plan is not included in
  566  the administrative support order entered under s. 409.2563, the
  567  department must provide information to the parents on the
  568  process to establish such plan.
  569         (2) If the parents live within 100 miles of each other and
  570  the child is 3 years of age or older, the parent who owes
  571  support shall have parenting time with the child:
  572         (a) Every other weekend.—The second and fourth full weekend
  573  of the month from 6 p.m. on Friday through 6 p.m. on Sunday. The
  574  weekends may begin upon the child’s release from school on
  575  Friday and end on Sunday at 6 p.m. or when the child returns to
  576  school on Monday morning. The weekend time may be extended by
  577  holidays that fall on Friday or Monday;
  578         (b) One evening per week.—One weekday beginning at 6 p.m.
  579  and ending at 8 p.m. or if both parents agree, from when the
  580  child is released from school until 8 p.m.;
  581         (c) Thanksgiving break.—In even-numbered years, the
  582  Thanksgiving break from 6 p.m. on the Wednesday before
  583  Thanksgiving until 6 p.m. on the Sunday following Thanksgiving.
  584  If both parents agree, the Thanksgiving break parenting time may
  585  begin upon the child’s release from school and end upon the
  586  child’s return to school the following Monday;
  587         (d) Winter break.—In odd-numbered years, the first half of
  588  winter break, from the day school is released, beginning at 6
  589  p.m. or, if both parents agree, upon the child’s release from
  590  school, until noon on December 26. In even-numbered years, the
  591  second half of winter break from noon on December 26 until 6
  592  p.m. on the day before school resumes or, if both parents agree,
  593  upon the child’s return to school;
  594         (e) Spring break.—In even-numbered years, the week of
  595  spring break from 6 p.m. the day that school is released until 6
  596  p.m. the night before school resumes. If both parents agree, the
  597  spring break parenting time may begin upon the child’s release
  598  from school and end upon the child’s return to school the
  599  following Monday; and
  600         (f) Summer break.—For 2 weeks in the summer beginning at 6
  601  p.m. the first Sunday following the last day of school.
  602         (3)If the parents live more than 100 miles from each other
  603  and the child is 3 years of age or older, the parties may agree
  604  to follow the schedule set forth in subsection (2), or else the
  605  parent who owes child support has parenting time with the child:
  606         (a) One weekend per month.—The second or fourth full
  607  weekend of the month throughout the year beginning Friday at 6
  608  p.m. through Sunday at 6 p.m. The parent who owes child support
  609  can choose the one weekend per month within 90 days after the
  610  parents begin to live more than 100 miles apart; and
  611         (b) Summer break.—Forty-two days of parenting time during
  612  the summer months. The parent who is owed child support will
  613  have parenting time one weekend beginning on Friday at 6 p.m.
  614  through Sunday at 6 p.m. during any one extended period during
  615  the summer.
  616         (4) If the child is under 3 years of age, the parents may
  617  agree on a parenting time plan that includes more frequent
  618  visitation with shorter timeframes, gradually leading into
  619  overnight visits and either a parenting time plan agreed to by
  620  both parents or the Title IV-D Standard Parenting Time Plan set
  621  out in this section.
  622         (5) In the event the parents have not agreed on a parenting
  623  schedule at the time of the child support hearing, the
  624  department will enter an administrative support order and refer
  625  the parents to a court of appropriate jurisdiction for the
  626  establishment of a parenting time plan.
  627         (6) The Title IV-D Standard Parenting Time Plans are not
  628  intended for use by parents and families with domestic or family
  629  violence concerns.
  630         (7) If after the incorporation of an agreed-upon parenting
  631  time plan into an administrative support order, a parent becomes
  632  concerned about the safety of the child during the child’s time
  633  with the other parent, a modification of the parenting time plan
  634  may be sought through a court of appropriate jurisdiction.
  635         (8) The department will create and provide a form for a
  636  petition to establish a parenting time plan for parents who have
  637  not agreed on a parenting schedule at the time of the child
  638  support hearing. The department will provide the form to the
  639  parents but will not file the petition or represent either
  640  parent at the hearing.
  641         (9) The parents will not be required to pay a fee to file
  642  the petition to establish a parenting plan.
  643         (10) The department may adopt rules to implement and
  644  administer this section.
  645         Section 6. Subsections (1) and (2) of section 409.2564,
  646  Florida Statutes, are amended to read:
  647         409.2564 Actions for support.—
  648         (1) In each case in which regular support payments are not
  649  being made as provided herein, the department shall institute,
  650  within 30 days after determination of the obligor’s reasonable
  651  ability to pay, action as is necessary to secure the obligor’s
  652  payment of current support, and any arrearage that which may
  653  have accrued under an existing order of support, and if a
  654  parenting time plan was not incorporated into the existing order
  655  of support and is appropriate, include either an agreed-upon
  656  parenting time plan or Title IV-D Standard Parenting Time Plan.
  657  The department shall notify the program attorney in the judicial
  658  circuit in which the recipient resides setting forth the facts
  659  in the case, including the obligor’s address, if known, and the
  660  public assistance case number. Whenever applicable, the
  661  procedures established under the provisions of chapter 88,
  662  Uniform Interstate Family Support Act, chapter 61, Dissolution
  663  of Marriage; Support; Time-sharing, chapter 39, Proceedings
  664  Relating to Children, chapter 984, Children and Families in Need
  665  of Services, and chapter 985, Delinquency; Interstate Compact on
  666  Juveniles, may govern actions instituted under the provisions of
  667  this act, except that actions for support under chapter 39,
  668  chapter 984, or chapter 985 brought pursuant to this act shall
  669  not require any additional investigation or supervision by the
  670  department.
  671         (2) The order for support entered pursuant to an action
  672  instituted by the department under the provisions of subsection
  673  (1) shall require that the support payments be made periodically
  674  to the department through the depository. An order for support
  675  entered under the provisions of subsection (1) must include
  676  either an agreed-upon parenting time plan or Title IV-D Standard
  677  Parenting Time Plan, if appropriate. Upon receipt of a payment
  678  made by the obligor pursuant to any order of the court, the
  679  depository shall transmit the payment to the department within 2
  680  working days, except those payments made by personal check which
  681  shall be disbursed in accordance with s. 61.181. Upon request,
  682  the depository shall furnish to the department a certified
  683  statement of all payments made by the obligor. Such statement
  684  shall be provided by the depository at no cost to the
  685  department.
  686         Section 7. Paragraph (g) of subsection (2) and paragraph
  687  (a) of subsection (4) of section 409.256, Florida Statutes, are
  688  amended to read:
  689         409.256 Administrative proceeding to establish paternity or
  690  paternity and child support; order to appear for genetic
  691  testing.—
  692         (2) JURISDICTION; LOCATION OF HEARINGS; RIGHT OF ACCESS TO
  693  THE COURTS.—
  694         (g) Section 409.2563(2)(h), (i), and (j) 409.2563(2)(e),
  695  (f), and (g) apply to a proceeding under this section.
  696         (4) NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR
  697  PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC
  698  TESTING; MANNER OF SERVICE; CONTENTS.—The Department of Revenue
  699  shall commence a proceeding to determine paternity, or a
  700  proceeding to determine both paternity and child support, by
  701  serving the respondent with a notice as provided in this
  702  section. An order to appear for genetic testing may be served at
  703  the same time as a notice of the proceeding or may be served
  704  separately. A copy of the affidavit or written declaration upon
  705  which the proceeding is based shall be provided to the
  706  respondent when notice is served. A notice or order to appear
  707  for genetic testing shall be served by certified mail,
  708  restricted delivery, return receipt requested, or in accordance
  709  with the requirements for service of process in a civil action.
  710  Service by certified mail is completed when the certified mail
  711  is received or refused by the addressee or by an authorized
  712  agent as designated by the addressee in writing. If a person
  713  other than the addressee signs the return receipt, the
  714  department shall attempt to reach the addressee by telephone to
  715  confirm whether the notice was received, and the department
  716  shall document any telephonic communications. If someone other
  717  than the addressee signs the return receipt, the addressee does
  718  not respond to the notice, and the department is unable to
  719  confirm that the addressee has received the notice, service is
  720  not completed and the department shall attempt to have the
  721  addressee served personally. For purposes of this section, an
  722  employee or an authorized agent of the department may serve the
  723  notice or order to appear for genetic testing and execute an
  724  affidavit of service. The department may serve an order to
  725  appear for genetic testing on a caregiver. The department shall
  726  provide a copy of the notice or order to appear by regular mail
  727  to the mother and caregiver, if they are not respondents.
  728         (a) A notice of proceeding to establish paternity must
  729  state:
  730         1. That the department has commenced an administrative
  731  proceeding to establish whether the putative father is the
  732  biological father of the child named in the notice.
  733         2. The name and date of birth of the child and the name of
  734  the child’s mother.
  735         3. That the putative father has been named in an affidavit
  736  or written declaration that states the putative father is or may
  737  be the child’s biological father.
  738         4. That the respondent is required to submit to genetic
  739  testing.
  740         5. That genetic testing will establish either a high degree
  741  of probability that the putative father is the biological father
  742  of the child or that the putative father cannot be the
  743  biological father of the child.
  744         6. That if the results of the genetic test do not indicate
  745  a statistical probability of paternity that equals or exceeds 99
  746  percent, the paternity proceeding in connection with that child
  747  shall cease unless a second or subsequent test is required.
  748         7. That if the results of the genetic test indicate a
  749  statistical probability of paternity that equals or exceeds 99
  750  percent, the department may:
  751         a. Issue a proposed order of paternity that the respondent
  752  may consent to or contest at an administrative hearing; or
  753         b. Commence a proceeding, as provided in s. 409.2563, to
  754  establish an administrative support order for the child. Notice
  755  of the proceeding shall be provided to the respondent by regular
  756  mail.
  757         8. That, if the genetic test results indicate a statistical
  758  probability of paternity that equals or exceeds 99 percent and a
  759  proceeding to establish an administrative support order is
  760  commenced, the department shall issue a proposed order that
  761  addresses paternity and child support. The respondent may
  762  consent to or contest the proposed order at an administrative
  763  hearing.
  764         9. That if a proposed order of paternity or proposed order
  765  of both paternity and child support is not contested, the
  766  department shall adopt the proposed order and render a final
  767  order that establishes paternity and, if appropriate, an
  768  administrative support order for the child.
  769         10. That, until the proceeding is ended, the respondent
  770  shall notify the department in writing of any change in the
  771  respondent’s mailing address and that the respondent shall be
  772  deemed to have received any subsequent order, notice, or other
  773  paper mailed to the most recent address provided or, if a more
  774  recent address is not provided, to the address at which the
  775  respondent was served, and that this requirement continues if
  776  the department renders a final order that establishes paternity
  777  and a support order for the child.
  778         11. That the respondent may file an action in circuit court
  779  for a determination of paternity, child support obligations, or
  780  both.
  781         12. That if the respondent files an action in circuit court
  782  and serves the department with a copy of the petition or
  783  complaint within 20 days after being served notice under this
  784  subsection, the administrative process ends without prejudice
  785  and the action must proceed in circuit court.
  786         13. That, if paternity is established, the putative father
  787  may file a petition in circuit court for a determination of
  788  matters relating to custody and rights of parental contact.
  789  
  790  A notice under this paragraph must also notify the respondent of
  791  the provisions in s. 409.2563(4)(n) and (p) s. 409.2563(4)(m)
  792  and (o).
  793         Section 8. Subsection (5) of section 409.2572, Florida
  794  Statutes, is amended to read:
  795         409.2572 Cooperation.—
  796         (5) As used in this section only, the term “applicant for
  797  or recipient of public assistance for a dependent child” refers
  798  to such applicants and recipients of public assistance as
  799  defined in s. 409.2554(12) s. 409.2554(8), with the exception of
  800  applicants for or recipients of Medicaid solely for the benefit
  801  of a dependent child.
  802         Section 9. The sum of $419,520 in nonrecurring general
  803  revenue is appropriated for contracted services to the
  804  Department of Revenue for the fiscal year 2017-2018 for the
  805  purpose of implementing this act. The sum of $20,729 in
  806  recurring general revenue is appropriated for expenses, and the
  807  sum of $91,127 in recurring general revenue is appropriated for
  808  salaries and benefits to the Department of Revenue for the
  809  fiscal year 2017-2018 for the purpose of implementing this act.
  810         Section 10. This act shall take effect January 1, 2018.