Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1532
       
       
       
       
       
       
                                Ì191352ÇÎ191352                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/10/2021           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       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