Florida Senate - 2021                                    SB 1532
       
       
        
       By Senator Book
       
       
       
       
       
       32-01585-21                                           20211532__
    1                        A bill to be entitled                      
    2         An act relating to child support; amending s. 61.13,
    3         F.S.; revising requirements for child support
    4         depositories in Title IV-D cases; requiring the
    5         depositories to create a case in the Clerk of Court
    6         Child Support Enforcement Collection System and set up
    7         appropriate payment accounts upon certain notice from
    8         the Department of Revenue; amending s. 61.1354, F.S.;
    9         revising provisions related to the sharing of
   10         information between consumer reporting agencies and
   11         the department; requiring consumer reports to be kept
   12         confidential and used only for specified purposes;
   13         amending s. 61.30, F.S.; prohibiting the treatment of
   14         incarceration as voluntary employment for purposes of
   15         establishing or modifying child support orders, with
   16         exceptions; providing that certain social security
   17         benefits are included in a parent’s gross income;
   18         authorizing certain social security benefits paid to
   19         be applied as a credit for purposes of monthly support
   20         obligations; providing requirements for such credit;
   21         providing procedures for a parent to seek application
   22         of such credit; amending s. 409.256, F.S.; revising
   23         the definition of the term “rendered”; amending s.
   24         409.2563, F.S.; revising the definition of the term
   25         “rendered”; deleting a requirement that a certain
   26         order filed by the department be a certified copy of
   27         the order; amending s. 409.25656, F.S.; authorizing
   28         the department to deliver certain notices by secure
   29         electronic means under certain circumstances; amending
   30         s. 409.25658, F.S.; revising provisions related to the
   31         department’s joint efforts with the Department of
   32         Financial Services to use unclaimed property for past
   33         due child support; amending s. 409.2567, F.S.;
   34         authorizing the department to include confidential and
   35         exempt information in electronic mail communications
   36         with parents, caregivers, or other authorized persons
   37         under certain circumstances, with exceptions; amending
   38         s. 409.2576, F.S.; requiring service recipients to
   39         report certain information to the State Directory of
   40         New Hires; defining the term “service recipient”;
   41         providing reporting requirements for service
   42         recipients; conforming provisions to changes made by
   43         the act; providing an effective date.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Paragraph (d) of subsection (1) of section
   48  61.13, Florida Statutes, is amended to read:
   49         61.13 Support of children; parenting and time-sharing;
   50  powers of court.—
   51         (1)
   52         (d)1. All child support orders shall provide the full name
   53  and date of birth of each minor child who is the subject of the
   54  child support order.
   55         2. If both parties request and the court finds that it is
   56  in the best interest of the child, support payments need not be
   57  subject to immediate income deduction. Support orders that are
   58  not subject to immediate income deduction may be directed
   59  through the depository under s. 61.181 or made payable directly
   60  to the obligee. Payments made by immediate income deduction
   61  shall be made to the State Disbursement Unit. The court shall
   62  provide a copy of the order to the depository.
   63         3. For support orders payable directly to the obligee, any
   64  party, or the department in a IV-D case, may subsequently file
   65  an affidavit with the depository alleging a default in payment
   66  of child support and stating that the party wishes to require
   67  that payments be made through the depository. The party shall
   68  provide copies of the affidavit to the court and to each other
   69  party. Fifteen days after receipt of the affidavit, the
   70  depository shall notify all parties that future payments shall
   71  be paid through the depository, except that payments in Title
   72  IV-D cases and income deduction payments shall be made to the
   73  State Disbursement Unit. In Title IV-D cases, an affidavit of
   74  default or a default in payments is not required to receive
   75  depository services. Upon notice by the department that it has
   76  begun providing Title IV-D services in a case with an existing
   77  support order, the depository shall establish a case in the
   78  Clerk of Court Child Support Enforcement Collection System and
   79  set up the appropriate payment accounts regardless of whether
   80  there is a delinquency.
   81         Section 2. Subsection (3) of section 61.1354, Florida
   82  Statutes, is amended to read:
   83         61.1354 Sharing of information between consumer reporting
   84  agencies and the IV-D agency.—
   85         (3) A consumer reporting agency For purposes of determining
   86  an individual’s income and establishing an individual’s capacity
   87  to make support payments or for determining the appropriate
   88  amount of child support payment to be made by the individual,
   89  consumer reporting agencies shall provide, upon request,
   90  consumer reports to the department head of the IV-D agency
   91  pursuant to s. 604 of the Fair Credit Reporting Act, provided
   92  that the department head of the IV-D agency, or its designee,
   93  certifies that:
   94         (a) The consumer report is needed for the purpose of
   95  determining an individual’s income and establishing an
   96  individual’s capacity to make support payments, or determining
   97  the appropriate level of support payments, or enforcing a child
   98  support order, award, agreement, or judgment amount of child
   99  support payment to be made by the individual;
  100         (b) The consumer’s parentage of the child to whom the
  101  obligation relates has been established or acknowledged by the
  102  consumer in accordance with state laws under which the
  103  obligation arises Paternity of the child of the individual whose
  104  report is sought, if that individual is the father of the child,
  105  has been established or acknowledged pursuant to the laws of
  106  Florida;
  107         (c) The individual whose report is sought was provided with
  108  at least 15 days’ prior notice, by regular certified or
  109  registered mail to the individual’s last known address, that the
  110  report was requested; and
  111         (d) The consumer report will be kept confidential, will be
  112  used solely for the purpose described in paragraph (a), and will
  113  not be used in connection with any other civil, administrative,
  114  or criminal proceeding or for any other purpose.
  115         Section 3. Present paragraph (c) of subsection (2) of
  116  section 61.30, Florida Statutes, is redesignated as paragraph
  117  (e), new paragraphs (c) and (d) are added to that subsection,
  118  and subsection (10) of that section is amended, to read:
  119         61.30 Child support guidelines; retroactive child support.—
  120         (2) Income shall be determined on a monthly basis for each
  121  parent as follows:
  122         (c)Except for incarceration for willful nonpayment of
  123  child support or for an offense against a child or person who is
  124  owed child support, incarceration may not be treated as
  125  voluntary unemployment in establishing or modifying a support
  126  order. However, the court may deviate from the child support
  127  guideline amount as provided in paragraph (1)(a).
  128         (d)Social security benefits received by a minor child due
  129  to the retirement or disability of the child’s parent shall be
  130  included in the parent’s gross income.
  131         (10)(a) Each parent’s actual dollar share of the total
  132  minimum child support need shall be determined by multiplying
  133  the minimum child support need by each parent’s percentage share
  134  of the combined monthly net income.
  135         (b)1.A parent is entitled to credit for social security
  136  benefits paid directly to the child or the child’s caregiver
  137  when the benefits are paid due to the parent’s retirement or
  138  disability. The parent’s share of the monthly support obligation
  139  is paid in full each month for which such benefits are paid that
  140  are equal to or greater than the parent’s share of the monthly
  141  obligation. If the benefits are less than the parent’s share of
  142  the monthly obligation, the parent owes the difference. If the
  143  benefits are more than the parent’s share of the monthly
  144  obligation, the excess inures to the benefit of the child and
  145  may not be credited to arrears or retroactive support that
  146  accrued before the benefits commenced.
  147         2.To obtain credit for social security benefits paid, a
  148  parent subject to a court order for child support, or the
  149  department in a Title IV-D case, may file a motion with the
  150  court or include the request in a petition to modify the support
  151  order. Alternatively, in a Title IV-D case, the department may
  152  determine and apply credit after notice and an opportunity for a
  153  hearing are provided in accordance with chapter 120. If the
  154  department determines that a credit applies, the department
  155  shall notify the clerk of court, and the clerk shall update the
  156  payment record to reflect the credit.
  157         Section 4. Paragraph (i) of subsection (1) of section
  158  409.256, Florida Statutes, is amended to read:
  159         409.256 Administrative proceeding to establish paternity or
  160  paternity and child support; order to appear for genetic
  161  testing.—
  162         (1) DEFINITIONS.—As used in this section, the term:
  163         (i) “Rendered” means that a signed written order is issued
  164  by filed with the clerk or a deputy clerk of the Department of
  165  Revenue and served on the respondent. The date of filing must be
  166  indicated on the face of the order at the time of rendition.
  167         Section 5. Paragraph (e) of subsection (1) and subsection
  168  (8) of section 409.2563, Florida Statutes, are amended to read:
  169         409.2563 Administrative establishment of child support
  170  obligations.—
  171         (1) DEFINITIONS.—As used in this section, the term:
  172         (e) “Rendered” means that a signed written order is issued
  173  by filed with the clerk or any deputy clerk of the department
  174  and served on the respondent. The date of filing must be
  175  indicated on the face of the order at the time of rendition.
  176  
  177  Other terms used in this section have the meanings ascribed in
  178  ss. 61.046 and 409.2554.
  179         (8) FILING WITH THE CLERK OF THE CIRCUIT COURT; OFFICIAL
  180  PAYMENT RECORD; JUDGMENT BY OPERATION OF LAW.—The department
  181  shall file with the clerk of the circuit court a certified copy
  182  of an administrative support order rendered under this section.
  183  The depository operated pursuant to s. 61.181 for the county
  184  where the administrative support order has been filed shall:
  185         (a) Act as the official recordkeeper for payments required
  186  under the administrative support order;
  187         (b) Establish and maintain the necessary payment accounts;
  188         (c) Upon a delinquency, initiate the judgment by operation
  189  of law procedure as provided by s. 61.14(6); and
  190         (d) Perform all other duties required of a depository with
  191  respect to a support order entered by a court of this state.
  192  
  193  When a proceeding to establish an administrative support order
  194  is commenced under subsection (4), the department shall file a
  195  copy of the initial notice with the depository. The depository
  196  shall assign an account number and provide the account number to
  197  the department within 4 business days after the initial notice
  198  is filed.
  199         Section 6. Subsection (4) of section 409.25656, Florida
  200  Statutes, is amended to read:
  201         409.25656 Garnishment.—
  202         (4) A notice that is delivered under this section is
  203  effective at the time of delivery against all credits, other
  204  personal property, or debts of the obligor which are not at the
  205  time of such notice subject to an attachment, garnishment, or
  206  execution issued through a judicial process. Upon the obligor’s
  207  express written consent, the department may deliver the notices
  208  required by this section to the obligor by secure electronic
  209  means.
  210         Section 7. Section 409.25658, Florida Statutes, is amended
  211  to read:
  212         409.25658 Use of unclaimed property for past due support.—
  213         (1) In a joint effort to facilitate the collection and
  214  payment of past due support, the Department of Revenue, in
  215  cooperation with the Department of Financial Services, shall
  216  identify persons owing support collected by the department
  217  through a court who are presumed to have unclaimed property held
  218  by the Department of Financial Services.
  219         (2) The Department of Financial Services department shall
  220  periodically provide the department of Financial Services with
  221  an electronic file of unclaimed property accounts. The
  222  department shall use the data to identify obligors with
  223  unclaimed property accounts and shall provide the Department of
  224  Financial Services with an electronic data file that includes
  225  the names and other personal identifying information of the
  226  obligors support obligors who owe past due support. The
  227  Department of Financial Services shall conduct a data match of
  228  the file against all apparent owners of unclaimed property under
  229  chapter 717 and provide the resulting match list to the
  230  department.
  231         (3) As the state’s Title IV-D agency under s. 409.2557(1),
  232  the department is authorized to submit claims for unclaimed
  233  property to the Department of Financial Services for the purpose
  234  of collecting past due support and shall do so in accordance
  235  with the standards established by the Department of Financial
  236  Services Upon receipt of the data match list, the department
  237  shall provide to the Department of Financial Services the
  238  obligor’s last known address. The Department of Financial
  239  Services shall follow the notification procedures under s.
  240  717.118.
  241         (4) Before Prior to paying an obligor’s approved claim, the
  242  Department of Financial Services shall notify the department
  243  that such claim has been approved. Upon confirmation that the
  244  Department of Financial Services has approved the claim or a
  245  claim submitted by the department, the department shall
  246  immediately send a notice by regular certified mail to the
  247  obligor, with a copy to the Department of Financial Services,
  248  advising the obligor of the department’s intent to intercept the
  249  property approved claim up to the amount of the past due
  250  support, and informing the obligor of the obligor’s right to
  251  request a hearing under chapter 120. If there is a hearing, the
  252  Department of Financial Services shall retain custody of the
  253  property until a final order has been entered and any appeals
  254  thereon have been concluded. If the obligor fails to request a
  255  hearing, the department shall inform enter a final order
  256  instructing the Department of Financial Services to transfer to
  257  the department the property up to the amount of past-due support
  258  owed in the amount stated in the final order. Upon such
  259  transfer, the Department of Financial Services shall be released
  260  from further liability related to the transferred property.
  261         (5) The provisions of This section provides provide a
  262  supplemental remedy, and the department may use this remedy in
  263  conjunction with any other method of collecting support.
  264         Section 8. Subsection (1) of section 409.2567, Florida
  265  Statutes, is amended to read:
  266         409.2567 Services to individuals not otherwise eligible.—
  267         (1)(a) All support services provided by the department
  268  shall be made available on behalf of all dependent children.
  269  Services shall be provided upon acceptance of public assistance
  270  or upon proper application filed with the department. The
  271  federally required application fee for individuals who do not
  272  receive public assistance is $1, which shall be waived for all
  273  applicants and paid by the department. The annual fee required
  274  under 42 U.S.C. s. 654(6)(B), as amended by Pub. L. No. 115-123,
  275  for cases involving an individual who has never received
  276  temporary cash assistance and for whom the department has
  277  collected the federally required minimum amount of support shall
  278  be paid by the department.
  279         (b)The department may include confidential and exempt
  280  information in electronic mail communications with a parent,
  281  caregiver, or other person who is authorized to receive the
  282  information, provided the parent, caregiver, or other person
  283  consents to such communications, except that social security
  284  numbers, federal tax information, driver license numbers, and
  285  bank account numbers may not be provided in this manner.
  286         Section 9. Section 409.2576, Florida Statutes, is amended
  287  to read:
  288         409.2576 State Directory of New Hires.—
  289         (1) DIRECTORY CREATED.—The State Directory of New Hires is
  290  hereby created and shall be administered by the Department of
  291  Revenue or its agent. All employers and service recipients in
  292  this the state shall furnish a report consistent with subsection
  293  (3) for each newly hired or rehired employee or individual who
  294  is not an employee but is provided payment for services
  295  rendered, unless the employee or individual is employed by or
  296  under contract with a federal or state agency performing
  297  intelligence or counterintelligence functions and the head of
  298  such agency has determined that reporting pursuant to this
  299  section could endanger the safety of the employee or individual
  300  or compromise an ongoing investigation or intelligence mission.
  301         (2) DEFINITIONS.—For purposes of this section:
  302         (a) “Employee” is defined as an individual who is an
  303  employee within the meaning of chapter 24 of the Internal
  304  Revenue Code of 1986.
  305         (b) “Employer” has the meaning given such term in s.
  306  3401(d) of the Internal Revenue Code of 1986 and includes any
  307  government entity and labor organization.
  308         (c) “Labor organization” has the meaning given such term in
  309  s. 2(5) of the National Labor Relations Act and includes any
  310  entity which is used by the organization and an employer to
  311  carry out requirements described in s. 8(f)(3) of such act of an
  312  agreement between the organization and employer.
  313         (d) “Date of hire” is the first day of work for which the
  314  employee is owed income.
  315         (e)“Service recipient” means a person engaged in a trade
  316  or business who pays an individual for services rendered in the
  317  course of such trade or business.
  318         (3) EMPLOYERS AND SERVICE RECIPIENTS TO FURNISH REPORTS.—
  319         (a) Each employer subject to the reporting requirements of
  320  chapter 443 with 250 or more employees, shall provide to the
  321  State Directory of New Hires, a report listing the employer’s
  322  legal name, address, and reemployment assistance identification
  323  number. The report must also provide the name and social
  324  security number of each new employee or rehired employee at the
  325  end of the first pay period following employment or
  326  reemployment.
  327         (b) All employers shall furnish a report to the State
  328  Directory of New Hires of the state in which the newly hired or
  329  rehired employee works. The report required in this section
  330  shall be made on a W-4 form or, at the option of the employer,
  331  an equivalent form, and can be transmitted magnetically,
  332  electronically, by first-class mail, or other methods which may
  333  be prescribed by the State Directory. Each report shall include
  334  the name, address, date of hire, and social security number of
  335  every new and rehired employee and the name, address, and
  336  federal employer identification number of the reporting
  337  employer. If available, the employer may also include the
  338  employee’s date of birth in the report. Multistate employers
  339  that report new hire information electronically or magnetically
  340  may designate a single state to which it will transmit the above
  341  noted report, provided the employer has employees in that state
  342  and the employer notifies the Secretary of Health and Human
  343  Services in writing to which state the information will be
  344  provided. Agencies of the United States Government shall report
  345  directly to the National Directory of New Hires.
  346         (b)A service recipient shall report to the State Directory
  347  of New Hires an individual who is not an employee in the same
  348  manner as described in paragraph (a) but who the service
  349  recipient, while engaged in a trade or business, pays in an
  350  amount of $600 or more per calendar year for services rendered
  351  in the course of the trade or business. The report must include
  352  the name, address, and social security number or other
  353  identifying number assigned to the individual under section 6109
  354  of the Internal Revenue Code of 1986, the date services for
  355  payment were first rendered by the individual, and the name,
  356  address, and employer identification number of the service
  357  recipient.
  358         (c) Pursuant to the federal Personal Responsibility and
  359  Work Opportunity Reconciliation Act of 1996, each party is
  360  required to provide his or her social security number in
  361  accordance with this section. Disclosure of social security
  362  numbers obtained through this requirement shall be limited to
  363  the purpose of administration of the Title IV-D program for
  364  child support enforcement and those programs listed in
  365  subsection (9).
  366         (4) TIME FOR REPORTS.—
  367         (a) Employers must report new hire information, as
  368  described in subsection (3), within 20 days of the hire date of
  369  the employee, or, in the case of employers that report new hire
  370  information electronically or by magnetic tape, by two monthly
  371  transmissions, if necessary, not less than 12 days nor more than
  372  16 days apart.
  373         (b)Service recipients must report on individuals subject
  374  to reporting under paragraph (5)(b) within 20 days after the
  375  earlier of:
  376         1.The date of the first payment made which requires an
  377  information return in accordance with section 6041A(a) of the
  378  Internal Revenue Code of 1986; or
  379         2.The date on which a contract providing for such payments
  380  is entered into.
  381  
  382  If service recipients report individuals under this paragraph
  383  electronically or by magnetic tape, the reports may be made by
  384  two monthly transmissions, if necessary, but may not be less
  385  than 12 days or more than 16 days apart.
  386         (5) ENTRY OF DATA.—The State Directory of New Hires shall
  387  enter new hire information reported under this section into an
  388  automated database within 5 business days of receipt.
  389         (6) MATCHES TO STATE REGISTRY.—Not later than May 1, 1998,
  390  The Department of Revenue or its agent must conduct automated
  391  matches of the social security numbers of employees reported to
  392  the State Directory of New Hires against the social security
  393  numbers of records in the State Case Registry. The Title IV-D
  394  agency shall use the new hire information received to locate
  395  individuals for the purposes of establishing paternity and
  396  establishing, modifying, and enforcing support obligations.
  397  Private entities under contract with the Title IV-D agency to
  398  provide Title IV-D services may have access to information
  399  obtained from the State Directory of New Hires and must comply
  400  with privacy safeguards.
  401         (7) WAGE WITHHOLDING NOTICE AND NATIONAL MEDICAL SUPPORT
  402  NOTICE.—The department shall transmit a wage withholding notice
  403  consistent with s. 61.1301 and, when appropriate, a national
  404  medical support notice, as defined in s. 61.046, to the
  405  employee’s employer within 2 business days after entry of the
  406  new hire information into the State Directory of New Hires’
  407  database, unless the court has determined that the obligor’s
  408  employee’s wages or other income are not subject to withholding
  409  or, for purposes of the national medical support notice, the
  410  support order does not contain a provision for the employee to
  411  provide health insurance. The withholding notice shall direct
  412  the employer or other payor of income to withhold income in
  413  accordance with the income deduction order, and the national
  414  medical support notice shall direct the employer to withhold
  415  premiums for health insurance.
  416         (8) PROVIDING INFORMATION TO NATIONAL DIRECTORY.—The State
  417  Directory of New Hires must furnish information regarding newly
  418  hired or rehired employees and other individuals subject to
  419  reporting to the National Directory of New Hires for matching
  420  with the records of other state case registries within 3
  421  business days of entering such information from the employer
  422  into the State Directory of New Hires. The State Directory of
  423  New Hires shall enter into an agreement with the Department of
  424  Economic Opportunity or its tax collection service provider for
  425  the quarterly reporting to the National Directory of New Hires
  426  information on wages and reemployment assistance taken from the
  427  quarterly report to the Secretary of Labor, now required by
  428  Title III of the Social Security Act, except that no report
  429  shall be filed with respect to an employee of a state or local
  430  agency performing intelligence or counterintelligence functions,
  431  if the head of such agency has determined that filing such a
  432  report could endanger the safety of the employee or compromise
  433  an ongoing investigation or intelligence mission.
  434         (9) DISCLOSURE OF INFORMATION.—
  435         (a) New hire Information reported under this section shall
  436  be disclosed to the state agency administering the following
  437  programs for the purposes of determining eligibility under those
  438  programs:
  439         1. Any state program funded under part A of Title IV of the
  440  Social Security Act;
  441         2. The Medicaid program under Title XIX of the Social
  442  Security Act;
  443         3. The reemployment assistance or unemployment compensation
  444  program under s. 3304 of the Internal Revenue Code of 1954;
  445         4. The food assistance program under the Food and Nutrition
  446  Act of 2008; and
  447         5. Any state program under a plan approved under Title I
  448  (Old-Age Assistance for the Aged), Title X (Aid to the Blind),
  449  Title XIV (Aid to the Permanently and Totally Disabled), or
  450  Title XVI (Aid to the Aged, Blind, or Disabled; Supplemental
  451  Security Income for the Aged, Blind, and Disabled) of the Social
  452  Security Act.
  453         (b) New hire Information reported under this section shall
  454  be disclosed to the state agencies operating employment security
  455  and workers’ compensation programs for the purposes of
  456  administering such programs.
  457         Section 10. This act shall take effect October 1, 2021.