Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 1532
Ì191352ÇÎ191352
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/10/2021 .
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The Committee on Children, Families, and Elder Affairs (Book)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 73 - 280
4 and insert:
5 State Disbursement Unit. In Title IV-D cases, an affidavit of
6 default or a default in payments is not required to receive
7 depository services. Upon notice by the department that it is
8 providing Title IV-D services in a case with an existing support
9 order, the depository shall transmit case data through, and set
10 up appropriate payment accounts, regardless of whether there is
11 a delinquency, on the Clerk of Court Child Support Enforcement
12 Collection System as required under s. 61.181(2)(b).
13 Section 2. Subsection (3) of section 61.1354, Florida
14 Statutes, is amended to read:
15 61.1354 Sharing of information between consumer reporting
16 agencies and the IV-D agency.—
17 (3) A consumer reporting agency For purposes of determining
18 an individual’s income and establishing an individual’s capacity
19 to make support payments or for determining the appropriate
20 amount of child support payment to be made by the individual,
21 consumer reporting agencies shall provide, upon request,
22 consumer reports to the department head of the IV-D agency
23 pursuant to s. 604 of the Fair Credit Reporting Act, provided
24 that the department head of the IV-D agency, or its designee,
25 certifies that:
26 (a) The consumer report is needed for the purpose of
27 determining an individual’s income and establishing an
28 individual’s capacity to make support payments, or determining
29 the appropriate level of support payments, or enforcing a child
30 support order, award, agreement, or judgment amount of child
31 support payment to be made by the individual;
32 (b) The consumer’s parentage of the child to whom the
33 obligation relates has been established or acknowledged by the
34 consumer in accordance with state laws under which the
35 obligation arises Paternity of the child of the individual whose
36 report is sought, if that individual is the father of the child,
37 has been established or acknowledged pursuant to the laws of
38 Florida;
39 (c) The individual whose report is sought was provided with
40 at least 15 days’ prior notice, by regular certified or
41 registered mail to the individual’s last known address, that the
42 report was requested; and
43 (d) The consumer report will be kept confidential, will be
44 used solely for the purpose described in paragraph (a), and will
45 not be used in connection with any other civil, administrative,
46 or criminal proceeding or for any other purpose.
47 Section 3. Present paragraph (c) of subsection (2) of
48 section 61.30, Florida Statutes, is redesignated as paragraph
49 (e), new paragraphs (c) and (d) are added to that subsection,
50 and subsection (10) of that section is amended, to read:
51 61.30 Child support guidelines; retroactive child support.—
52 (2) Income shall be determined on a monthly basis for each
53 parent as follows:
54 (c) Except for incarceration for willful nonpayment of
55 child support or for an offense against a child or person who is
56 owed child support, incarceration may not be treated as
57 voluntary unemployment in establishing or modifying a support
58 order. However, the court may deviate from the child support
59 guideline amount as provided in paragraph (1)(a).
60 (d) Social security benefits received by a minor child due
61 to the retirement or disability of the child’s parent shall be
62 included in the parent’s gross income.
63 (10)(a) Each parent’s actual dollar share of the total
64 minimum child support need shall be determined by multiplying
65 the minimum child support need by each parent’s percentage share
66 of the combined monthly net income.
67 (b)1. A parent is entitled to credit for social security
68 benefits paid directly to the child or the child’s caregiver
69 when the benefits are paid due to the parent’s retirement or
70 disability. The parent’s share of the monthly support obligation
71 is paid in full each month for which such benefits are paid that
72 are equal to or greater than the parent’s share of the monthly
73 obligation. If the benefits are less than the parent’s share of
74 the monthly obligation, the parent owes the difference. If the
75 benefits are more than the parent’s share of the monthly
76 obligation, the excess inures to the benefit of the child and
77 may not be credited to arrears or retroactive support that
78 accrued before the benefits commenced.
79 2. To obtain credit for social security benefits paid, a
80 parent subject to a court order for child support, or the
81 department in a Title IV-D case, may file a motion with the
82 court or include the request in a petition to modify the support
83 order. Alternatively, in a Title IV-D case, the department may
84 determine and apply credit after notice and an opportunity for a
85 hearing are provided in accordance with chapter 120. If the
86 department determines that a credit applies, the department
87 shall notify the clerk of court, and the clerk shall update the
88 payment record to reflect the credit.
89 Section 4. Paragraph (i) of subsection (1) of section
90 409.256, Florida Statutes, is amended to read:
91 409.256 Administrative proceeding to establish paternity or
92 paternity and child support; order to appear for genetic
93 testing.—
94 (1) DEFINITIONS.—As used in this section, the term:
95 (i) “Rendered” means that a signed written order is issued
96 by filed with the clerk or a deputy clerk of the Department of
97 Revenue and served on the respondent. The date of filing must be
98 indicated on the face of the order at the time of rendition.
99 Section 5. Paragraph (e) of subsection (1) and subsection
100 (8) of section 409.2563, Florida Statutes, are amended to read:
101 409.2563 Administrative establishment of child support
102 obligations.—
103 (1) DEFINITIONS.—As used in this section, the term:
104 (e) “Rendered” means that a signed written order is issued
105 by filed with the clerk or any deputy clerk of the department
106 and served on the respondent. The date of filing must be
107 indicated on the face of the order at the time of rendition.
108
109 Other terms used in this section have the meanings ascribed in
110 ss. 61.046 and 409.2554.
111 (8) FILING WITH THE CLERK OF THE CIRCUIT COURT; OFFICIAL
112 PAYMENT RECORD; JUDGMENT BY OPERATION OF LAW.—The department
113 shall file with the clerk of the circuit court a certified copy
114 of an administrative support order rendered under this section.
115 The depository operated pursuant to s. 61.181 for the county
116 where the administrative support order has been filed shall:
117 (a) Act as the official recordkeeper for payments required
118 under the administrative support order;
119 (b) Establish and maintain the necessary payment accounts;
120 (c) Upon a delinquency, initiate the judgment by operation
121 of law procedure as provided by s. 61.14(6); and
122 (d) Perform all other duties required of a depository with
123 respect to a support order entered by a court of this state.
124
125 When a proceeding to establish an administrative support order
126 is commenced under subsection (4), the department shall file a
127 copy of the initial notice with the depository. The depository
128 shall assign an account number and provide the account number to
129 the department within 4 business days after the initial notice
130 is filed.
131 Section 6. Subsection (4) of section 409.25656, Florida
132 Statutes, is amended to read:
133 409.25656 Garnishment.—
134 (4) A notice that is delivered under this section is
135 effective at the time of delivery against all credits, other
136 personal property, or debts of the obligor which are not at the
137 time of such notice subject to an attachment, garnishment, or
138 execution issued through a judicial process. Upon express
139 written consent of a person who is or may be in possession of
140 personal property belonging to the obligor, the department may
141 deliver the notices required by this section to that person by
142 secure electronic means.
143 Section 7. Section 409.25658, Florida Statutes, is amended
144 to read:
145 409.25658 Use of unclaimed property for past due support.—
146 (1) In a joint effort to facilitate the collection and
147 payment of past due support, the Department of Revenue, in
148 cooperation with the Department of Financial Services, shall
149 identify persons owing support collected by the department
150 through a court who are presumed to have unclaimed property held
151 by the Department of Financial Services.
152 (2) The Department of Financial Services department shall
153 periodically provide the department of Financial Services with
154 an electronic file of unclaimed property accounts. The
155 department shall use the data to identify obligors with
156 unclaimed property accounts and shall provide the Department of
157 Financial Services with an electronic data file that includes
158 the names and other personal identifying information of the
159 obligors support obligors who owe past due support. The
160 Department of Financial Services shall conduct a data match of
161 the file against all apparent owners of unclaimed property under
162 chapter 717 and provide the resulting match list to the
163 department.
164 (3) As the state’s Title IV-D agency under s. 409.2557(1),
165 the department is authorized to submit claims for unclaimed
166 property to the Department of Financial Services for the purpose
167 of collecting past due support and shall do so in accordance
168 with the standards established by the Department of Financial
169 Services Upon receipt of the data match list, the department
170 shall provide to the Department of Financial Services the
171 obligor’s last known address. The Department of Financial
172 Services shall follow the notification procedures under s.
173 717.118.
174 (4) Before Prior to paying an obligor’s approved claim, the
175 Department of Financial Services shall notify the department
176 that such claim has been approved. Upon confirmation that the
177 Department of Financial Services has approved the claim or a
178 claim submitted by the department, the department shall
179 immediately send a notice by regular certified mail to the
180 obligor, with a copy to the Department of Financial Services,
181 advising the obligor of the department’s intent to intercept the
182 property approved claim up to the amount of the past due
183 support, and informing the obligor of the obligor’s right to
184 request a hearing under chapter 120. If there is a hearing, the
185 Department of Financial Services shall retain custody of the
186 property until a final order has been entered and any appeals
187 thereon have been concluded. If the obligor fails to request a
188 hearing, the department shall inform enter a final order
189 instructing the Department of Financial Services to transfer to
190 the department the property up to the amount of past-due support
191 owed in the amount stated in the final order. Upon such
192 transfer, the Department of Financial Services shall be released
193 from further liability related to the transferred property.
194 (5) The provisions of This section provides provide a
195 supplemental remedy, and the department may use this remedy in
196 conjunction with any other method of collecting support.
197 Section 8. Subsection (1) of section 409.2567, Florida
198 Statutes, is amended to read:
199 409.2567 Services to individuals not otherwise eligible.—
200 (1)(a) All support services provided by the department
201 shall be made available on behalf of all dependent children.
202 Services shall be provided upon acceptance of public assistance
203 or upon proper application filed with the department. The
204 federally required application fee for individuals who do not
205 receive public assistance is $1, which shall be waived for all
206 applicants and paid by the department. The annual fee required
207 under 42 U.S.C. s. 654(6)(B), as amended by Pub. L. No. 115-123,
208 for cases involving an individual who has never received
209 temporary cash assistance and for whom the department has
210 collected the federally required minimum amount of support shall
211 be paid by the department.
212 (b) The department may include confidential and exempt
213 information in unencrypted electronic mail communications with a
214 parent,
215
216 ================= T I T L E A M E N D M E N T ================
217 And the title is amended as follows:
218 Delete line 35
219 and insert:
220 exempt information in unencrypted electronic mail
221 communications