ENROLLED
2021 Legislature CS for CS for SB 1532
20211532er
1
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 transmit case data through and set up
6 appropriate payment accounts in the Clerk of the Court
7 Child Support Enforcement Collection System upon
8 certain notice from the Department of Revenue;
9 amending s. 61.1354, F.S.; revising provisions related
10 to the sharing of information between consumer
11 reporting agencies and the department; requiring
12 consumer reports to be kept confidential and used only
13 for specified purposes; amending s. 61.21, F.S.;
14 revising legislative findings; revising course topics
15 for the Parent Education and Family Stabilization
16 Course; requiring certain parties to complete a Parent
17 Education and Family Stabilization Course tailored to
18 education relating to children who have special needs
19 or emotional concerns; authorizing the court to
20 require additional education courses for certain
21 parents; amending s. 61.30, F.S.; prohibiting the
22 treatment of incarceration as voluntary unemployment
23 for purposes of establishing or modifying child
24 support orders, with exceptions; providing that
25 certain social security benefits are included in a
26 parent’s gross income; authorizing certain social
27 security benefits paid to be applied as a credit for
28 purposes of monthly support obligations; providing
29 requirements for such credit; providing procedures for
30 a parent to seek application of such credit; amending
31 s. 409.256, F.S.; revising the definition of the term
32 “rendered”; amending s. 409.2563, F.S.; revising the
33 definition of the term “rendered”; deleting a
34 requirement that a certain order filed by the
35 department be a certified copy of the order; amending
36 s. 409.25656, F.S.; authorizing the department to
37 deliver certain notices by secure electronic means
38 under certain circumstances; amending s. 409.25658,
39 F.S.; revising provisions related to the department’s
40 joint efforts with the Department of Financial
41 Services to use unclaimed property for past due child
42 support; amending s. 409.2567, F.S.; authorizing the
43 department to include confidential and exempt
44 information in unencrypted electronic mail
45 communications with parents, caregivers, or other
46 authorized persons under certain circumstances, with
47 exceptions; amending s. 409.2576, F.S.; requiring
48 service recipients to report certain information to
49 the State Directory of New Hires; defining the term
50 “service recipient”; providing reporting requirements
51 for service recipients; conforming provisions to
52 changes made by the act; providing an effective date.
53
54 Be It Enacted by the Legislature of the State of Florida:
55
56 Section 1. Paragraph (d) of subsection (1) of section
57 61.13, Florida Statutes, is amended to read:
58 61.13 Support of children; parenting and time-sharing;
59 powers of court.—
60 (1)
61 (d)1. All child support orders shall provide the full name
62 and date of birth of each minor child who is the subject of the
63 child support order.
64 2. If both parties request and the court finds that it is
65 in the best interest of the child, support payments need not be
66 subject to immediate income deduction. Support orders that are
67 not subject to immediate income deduction may be directed
68 through the depository under s. 61.181 or made payable directly
69 to the obligee. Payments made by immediate income deduction
70 shall be made to the State Disbursement Unit. The court shall
71 provide a copy of the order to the depository.
72 3. For support orders payable directly to the obligee, any
73 party, or the department in a IV-D case, may subsequently file
74 an affidavit with the depository alleging a default in payment
75 of child support and stating that the party wishes to require
76 that payments be made through the depository. The party shall
77 provide copies of the affidavit to the court and to each other
78 party. Fifteen days after receipt of the affidavit, the
79 depository shall notify all parties that future payments shall
80 be paid through the depository, except that payments in Title
81 IV-D cases and income deduction payments shall be made to the
82 State Disbursement Unit. In Title IV-D cases, an affidavit of
83 default or a default in payments is not required to receive
84 depository services. Upon notice by the department that it is
85 providing Title IV-D services in a case with an existing support
86 order, the depository shall transmit case data through, and set
87 up appropriate payment accounts in, regardless of whether there
88 is a delinquency, the Clerk of the Court Child Support
89 Enforcement Collection System as required under s. 61.181(2)(b).
90 Section 2. Subsection (3) of section 61.1354, Florida
91 Statutes, is amended to read:
92 61.1354 Sharing of information between consumer reporting
93 agencies and the IV-D agency.—
94 (3) A consumer reporting agency For purposes of determining
95 an individual’s income and establishing an individual’s capacity
96 to make support payments or for determining the appropriate
97 amount of child support payment to be made by the individual,
98 consumer reporting agencies shall provide, upon request,
99 consumer reports to the department head of the IV-D agency
100 pursuant to s. 604 of the Fair Credit Reporting Act, provided
101 that the department head of the IV-D agency, or its designee,
102 certifies that:
103 (a) The consumer report is needed for the purpose of
104 determining an individual’s income and establishing an
105 individual’s capacity to make support payments, or determining
106 the appropriate level of support payments, or enforcing a child
107 support order, award, agreement, or judgment amount of child
108 support payment to be made by the individual;
109 (b) The consumer’s parentage of the child to whom the
110 obligation relates has been established or acknowledged by the
111 consumer in accordance with state laws under which the
112 obligation arises Paternity of the child of the individual whose
113 report is sought, if that individual is the father of the child,
114 has been established or acknowledged pursuant to the laws of
115 Florida;
116 (c) The individual whose report is sought was provided with
117 at least 15 days’ prior notice, by regular certified or
118 registered mail to the individual’s last known address, that the
119 report was requested; and
120 (d) The consumer report will be kept confidential, will be
121 used solely for the purpose described in paragraph (a), and will
122 not be used in connection with any other civil, administrative,
123 or criminal proceeding or for any other purpose.
124 Section 3. Present paragraph (d) of subsection (1) of
125 section 61.21, Florida Statutes, is redesignated as paragraph
126 (e), a new paragraph (d) is added to that subsection, subsection
127 (12) is added to that section, and paragraph (c) of subsection
128 (1), paragraph (a) of subsection (2), and subsection (4) of that
129 section are amended, to read:
130 61.21 Parenting course authorized; fees; required
131 attendance authorized; contempt.—
132 (1) LEGISLATIVE FINDINGS; PURPOSE.—It is the finding of the
133 Legislature that:
134 (c) It is has been found to be beneficial to parents who
135 are separating or divorcing to have available an educational
136 program that will provide general information regarding:
137 1. The issues and legal procedures for resolving time
138 sharing and child support disputes.
139 2. The emotional experiences and problems of divorcing
140 adults.
141 3. The family problems and the emotional concerns and needs
142 of the children.
143 4. The availability of community services and resources.
144 (d) It is also beneficial to divorcing or separating
145 parents of children who have identified special needs or
146 emotional concerns to have available an educational program that
147 will provide information tailored to children who have special
148 needs or emotional concerns.
149 (2) The Department of Children and Families shall approve a
150 parenting course which must shall be a course of a minimum of 4
151 hours and designed to educate, train, and assist divorcing
152 parents in regard to the consequences of divorce on parents and
153 children.
154 (a) The parenting course referred to in this section is
155 shall be named the Parent Education and Family Stabilization
156 Course and may include, but need not be limited to, the
157 following topics as they relate to court actions between parents
158 involving custody, care, time-sharing, and support of a child or
159 children:
160 1. Legal aspects of deciding child-related issues between
161 parents.
162 2. Emotional aspects of separation and divorce on adults.
163 3. Emotional aspects of separation and divorce on children.
164 4. Family relationships and family dynamics.
165 5. Financial responsibilities to a child or children.
166 6. Issues regarding spousal or child abuse and neglect.
167 7. Skill-based relationship education that may be
168 generalized to parenting, workplace, school, neighborhood, and
169 civic relationships.
170 8. Particularized needs of children who have identified
171 special needs or emotional concerns.
172 (4)(a) All parties to a dissolution of marriage proceeding
173 with minor children or a paternity action that involves issues
174 of parental responsibility shall be required to complete the
175 Parent Education and Family Stabilization Course before prior to
176 the entry by the court of a final judgment. If the parties have
177 children who have identified special needs or emotional
178 concerns, the parties must select a Parent Education and Family
179 Stabilization Course that is tailored to education relating to
180 children who have special needs or emotional concerns.
181 (b) The court may excuse a party from attending the
182 parenting course, or from completing the course within the
183 required time, for good cause.
184 (12) The court, in its discretion, may require a parent to
185 attend educational courses relating to children who have special
186 needs or emotional concerns in addition to the Parent Education
187 and Family Stabilization Course required under this section.
188 Section 4. Present paragraph (c) of subsection (2) of
189 section 61.30, Florida Statutes, is redesignated as paragraph
190 (e), new paragraphs (c) and (d) are added to that subsection,
191 and subsection (10) of that section is amended, to read:
192 61.30 Child support guidelines; retroactive child support.—
193 (2) Income shall be determined on a monthly basis for each
194 parent as follows:
195 (c) Except for incarceration for willful nonpayment of
196 child support or for an offense against a child or person who is
197 owed child support, incarceration may not be treated as
198 voluntary unemployment in establishing or modifying a support
199 order. However, the court may deviate from the child support
200 guideline amount as provided in paragraph (1)(a).
201 (d) Social security benefits received by a minor child due
202 to the retirement or disability of the child’s parent shall be
203 included in the parent’s gross income.
204 (10)(a) Each parent’s actual dollar share of the total
205 minimum child support need shall be determined by multiplying
206 the minimum child support need by each parent’s percentage share
207 of the combined monthly net income.
208 (b)1. A parent is entitled to credit for social security
209 benefits paid directly to the child or the child’s caregiver
210 when the benefits are paid due to the parent’s retirement or
211 disability. The parent’s share of the monthly support obligation
212 is paid in full each month for which such benefits are paid that
213 are equal to or greater than the parent’s share of the monthly
214 obligation. If the benefits are less than the parent’s share of
215 the monthly obligation, the parent owes the difference. If the
216 benefits are more than the parent’s share of the monthly
217 obligation, the excess inures to the benefit of the child and
218 may not be credited to arrears or retroactive support that
219 accrued before the benefits commenced.
220 2. To obtain credit for social security benefits paid, a
221 parent subject to a court order for child support, or the
222 department in a Title IV-D case, may file a motion with the
223 court or include the request in a petition to modify the support
224 order. Alternatively, in a Title IV-D case, the department may
225 determine and apply credit after notice and an opportunity for a
226 hearing are provided in accordance with chapter 120. If the
227 department determines that a credit applies, the department
228 shall notify the clerk of court, and the clerk shall update the
229 payment record to reflect the credit.
230 Section 5. Paragraph (i) of subsection (1) of section
231 409.256, Florida Statutes, is amended to read:
232 409.256 Administrative proceeding to establish paternity or
233 paternity and child support; order to appear for genetic
234 testing.—
235 (1) DEFINITIONS.—As used in this section, the term:
236 (i) “Rendered” means that a signed written order is issued
237 by filed with the clerk or a deputy clerk of the Department of
238 Revenue and served on the respondent. The date of filing must be
239 indicated on the face of the order at the time of rendition.
240 Section 6. Paragraph (e) of subsection (1) and subsection
241 (8) of section 409.2563, Florida Statutes, are amended to read:
242 409.2563 Administrative establishment of child support
243 obligations.—
244 (1) DEFINITIONS.—As used in this section, the term:
245 (e) “Rendered” means that a signed written order is issued
246 by filed with the clerk or any deputy clerk of the department
247 and served on the respondent. The date of filing must be
248 indicated on the face of the order at the time of rendition.
249
250 Other terms used in this section have the meanings ascribed in
251 ss. 61.046 and 409.2554.
252 (8) FILING WITH THE CLERK OF THE CIRCUIT COURT; OFFICIAL
253 PAYMENT RECORD; JUDGMENT BY OPERATION OF LAW.—The department
254 shall file with the clerk of the circuit court a certified copy
255 of an administrative support order rendered under this section.
256 The depository operated pursuant to s. 61.181 for the county
257 where the administrative support order has been filed shall:
258 (a) Act as the official recordkeeper for payments required
259 under the administrative support order;
260 (b) Establish and maintain the necessary payment accounts;
261 (c) Upon a delinquency, initiate the judgment by operation
262 of law procedure as provided by s. 61.14(6); and
263 (d) Perform all other duties required of a depository with
264 respect to a support order entered by a court of this state.
265
266 When a proceeding to establish an administrative support order
267 is commenced under subsection (4), the department shall file a
268 copy of the initial notice with the depository. The depository
269 shall assign an account number and provide the account number to
270 the department within 4 business days after the initial notice
271 is filed.
272 Section 7. Subsection (4) of section 409.25656, Florida
273 Statutes, is amended to read:
274 409.25656 Garnishment.—
275 (4) A notice that is delivered under this section is
276 effective at the time of delivery against all credits, other
277 personal property, or debts of the obligor which are not at the
278 time of such notice subject to an attachment, garnishment, or
279 execution issued through a judicial process. Upon express
280 written consent of a person who is or may be in possession of
281 personal property belonging to the obligor, the department may
282 deliver the notices required by this section to that person by
283 secure electronic means.
284 Section 8. Section 409.25658, Florida Statutes, is amended
285 to read:
286 409.25658 Use of unclaimed property for past due support.—
287 (1) In a joint effort to facilitate the collection and
288 payment of past due support, the Department of Revenue, in
289 cooperation with the Department of Financial Services, shall
290 identify persons owing support collected by the department
291 through a court who are presumed to have unclaimed property held
292 by the Department of Financial Services.
293 (2) The Department of Financial Services department shall
294 periodically provide the department of Financial Services with
295 an electronic file of unclaimed property accounts. The
296 department shall use the data to identify obligors with
297 unclaimed property accounts and shall provide the Department of
298 Financial Services with an electronic data file that includes
299 the names and other personal identifying information of the
300 obligors support obligors who owe past due support. The
301 Department of Financial Services shall conduct a data match of
302 the file against all apparent owners of unclaimed property under
303 chapter 717 and provide the resulting match list to the
304 department.
305 (3) As the state’s Title IV-D agency under s. 409.2557(1),
306 the department is authorized to submit claims for unclaimed
307 property to the Department of Financial Services for the purpose
308 of collecting past due support and shall do so in accordance
309 with the standards established by the Department of Financial
310 Services Upon receipt of the data match list, the department
311 shall provide to the Department of Financial Services the
312 obligor’s last known address. The Department of Financial
313 Services shall follow the notification procedures under s.
314 717.118.
315 (4) Before Prior to paying an obligor’s approved claim, the
316 Department of Financial Services shall notify the department
317 that such claim has been approved. Upon confirmation that the
318 Department of Financial Services has approved the claim or a
319 claim submitted by the department, the department shall
320 immediately send a notice by regular certified mail to the
321 obligor, with a copy to the Department of Financial Services,
322 advising the obligor of the department’s intent to intercept the
323 property approved claim up to the amount of the past due
324 support, and informing the obligor of the obligor’s right to
325 request a hearing under chapter 120. If there is a hearing, the
326 Department of Financial Services shall retain custody of the
327 property until a final order has been entered and any appeals
328 thereon have been concluded. If the obligor fails to request a
329 hearing, the department shall inform enter a final order
330 instructing the Department of Financial Services to transfer to
331 the department the property up to the amount of past due support
332 owed in the amount stated in the final order. Upon such
333 transfer, the Department of Financial Services shall be released
334 from further liability related to the transferred property.
335 (5) The provisions of This section provides provide a
336 supplemental remedy, and the department may use this remedy in
337 conjunction with any other method of collecting support.
338 Section 9. Subsection (1) of section 409.2567, Florida
339 Statutes, is amended to read:
340 409.2567 Services to individuals not otherwise eligible.—
341 (1)(a) All support services provided by the department
342 shall be made available on behalf of all dependent children.
343 Services shall be provided upon acceptance of public assistance
344 or upon proper application filed with the department. The
345 federally required application fee for individuals who do not
346 receive public assistance is $1, which shall be waived for all
347 applicants and paid by the department. The annual fee required
348 under 42 U.S.C. s. 654(6)(B), as amended by Pub. L. No. 115-123,
349 for cases involving an individual who has never received
350 temporary cash assistance and for whom the department has
351 collected the federally required minimum amount of support shall
352 be paid by the department.
353 (b) The department may include confidential and exempt
354 information in unencrypted electronic mail communications with a
355 parent, a caregiver, or any other person who is authorized to
356 receive the information, provided the parent, caregiver, or
357 other person consents to such communications, except that social
358 security numbers, federal tax information, driver license
359 numbers, and bank account numbers may not be provided in this
360 manner.
361 Section 10. Section 409.2576, Florida Statutes, is amended
362 to read:
363 409.2576 State Directory of New Hires.—
364 (1) DIRECTORY CREATED.—The State Directory of New Hires is
365 hereby created and shall be administered by the Department of
366 Revenue or its agent. All employers and service recipients in
367 this the state shall furnish a report consistent with subsection
368 (3) for each newly hired or rehired employee or individual who
369 is not an employee but is provided payment for services
370 rendered, unless the employee or individual is employed by or
371 under contract with a federal or state agency performing
372 intelligence or counterintelligence functions and the head of
373 such agency has determined that reporting pursuant to this
374 section could endanger the safety of the employee or individual
375 or compromise an ongoing investigation or intelligence mission.
376 (2) DEFINITIONS.—For purposes of this section:
377 (b)(a) “Employee” is defined as an individual who is an
378 employee within the meaning of chapter 24 of the Internal
379 Revenue Code of 1986.
380 (c)(b) “Employer” has the meaning given such term in s.
381 3401(d) of the Internal Revenue Code of 1986 and includes any
382 government entity and labor organization.
383 (d)(c) “Labor organization” has the meaning given such term
384 in s. 2(5) of the National Labor Relations Act and includes any
385 entity which is used by the organization and an employer to
386 carry out requirements described in s. 8(f)(3) of such act of an
387 agreement between the organization and employer.
388 (a)(d) “Date of hire” is the first day of work for which
389 the employee is owed income.
390 (e) “Service recipient” means a person engaged in a trade
391 or business who pays an individual for services rendered in the
392 course of such trade or business.
393 (3) EMPLOYERS AND SERVICE RECIPIENTS TO FURNISH REPORTS.—
394 (a) Each employer subject to the reporting requirements of
395 chapter 443 with 250 or more employees, shall provide to the
396 State Directory of New Hires, a report listing the employer’s
397 legal name, address, and reemployment assistance identification
398 number. The report must also provide the name and social
399 security number of each new employee or rehired employee at the
400 end of the first pay period following employment or
401 reemployment.
402 (b) All employers shall furnish a report to the State
403 Directory of New Hires of the state in which the newly hired or
404 rehired employee works. The report required in this section
405 shall be made on a W-4 form or, at the option of the employer,
406 an equivalent form, and can be transmitted magnetically,
407 electronically, by first-class mail, or other methods which may
408 be prescribed by the State Directory. Each report shall include
409 the name, address, date of hire, and social security number of
410 every new and rehired employee and the name, address, and
411 federal employer identification number of the reporting
412 employer. If available, the employer may also include the
413 employee’s date of birth in the report. Multistate employers
414 that report new hire information electronically or magnetically
415 may designate a single state to which it will transmit the above
416 noted report, provided the employer has employees in that state
417 and the employer notifies the Secretary of Health and Human
418 Services in writing to which state the information will be
419 provided. Agencies of the United States Government shall report
420 directly to the National Directory of New Hires.
421 (b) A service recipient shall report to the State Directory
422 of New Hires an individual who is not an employee in the same
423 manner as described in paragraph (a) but who the service
424 recipient, while engaged in a trade or business, pays in an
425 amount of $600 or more per calendar year for services rendered
426 in the course of the trade or business. The report must include
427 the name, address, and social security number or other
428 identifying number assigned to the individual under section 6109
429 of the Internal Revenue Code of 1986; the date services for
430 payment were first rendered by the individual; and the name,
431 address, and employer identification number of the service
432 recipient.
433 (c) Pursuant to the federal Personal Responsibility and
434 Work Opportunity Reconciliation Act of 1996, each party is
435 required to provide his or her social security number in
436 accordance with this section. Disclosure of social security
437 numbers obtained through this requirement shall be limited to
438 the purpose of administration of the Title IV-D program for
439 child support enforcement and those programs listed in
440 subsection (9).
441 (4) TIME FOR REPORTS.—
442 (a) Employers must report new hire information, as
443 described in subsection (3), within 20 days of the hire date of
444 the employee, or, in the case of employers that report new hire
445 information electronically or by magnetic tape, by two monthly
446 transmissions, if necessary, not less than 12 days nor more than
447 16 days apart.
448 (b) Service recipients must report on individuals subject
449 to reporting under paragraph (3)(b) within 20 days after the
450 earlier of:
451 1. The date of the first payment made which requires an
452 information return in accordance with section 6041A(a) of the
453 Internal Revenue Code of 1986; or
454 2. The date on which a contract providing for such payments
455 is entered into.
456
457 If service recipients report individuals under this paragraph
458 electronically or by magnetic tape, the reports may be made by
459 two monthly transmissions, if necessary, but may not be less
460 than 12 days or more than 16 days apart.
461 (5) ENTRY OF DATA.—The State Directory of New Hires shall
462 enter new hire information reported under this section into an
463 automated database within 5 business days of receipt.
464 (6) MATCHES TO STATE REGISTRY.—Not later than May 1, 1998,
465 The Department of Revenue or its agent must conduct automated
466 matches of the social security numbers of employees reported to
467 the State Directory of New Hires against the social security
468 numbers of records in the State Case Registry. The Title IV-D
469 agency shall use the new hire information received to locate
470 individuals for the purposes of establishing paternity and
471 establishing, modifying, and enforcing support obligations.
472 Private entities under contract with the Title IV-D agency to
473 provide Title IV-D services may have access to information
474 obtained from the State Directory of New Hires and must comply
475 with privacy safeguards.
476 (7) WAGE WITHHOLDING NOTICE AND NATIONAL MEDICAL SUPPORT
477 NOTICE.—The department shall transmit a wage withholding notice
478 consistent with s. 61.1301 and, when appropriate, a national
479 medical support notice, as defined in s. 61.046, to the
480 employee’s employer within 2 business days after entry of the
481 new hire information into the State Directory of New Hires’
482 database, unless the court has determined that the obligor’s
483 employee’s wages or other income is are not subject to
484 withholding or, for purposes of the national medical support
485 notice, the support order does not contain a provision for the
486 employee to provide health insurance. The withholding notice
487 shall direct the employer or other payor of income to withhold
488 income in accordance with the income deduction order, and the
489 national medical support notice shall direct the employer to
490 withhold premiums for health insurance.
491 (8) PROVIDING INFORMATION TO NATIONAL DIRECTORY.—The State
492 Directory of New Hires must furnish information regarding newly
493 hired or rehired employees and other individuals subject to
494 reporting to the National Directory of New Hires for matching
495 with the records of other state case registries within 3
496 business days of entering such information from the employer
497 into the State Directory of New Hires. The State Directory of
498 New Hires shall enter into an agreement with the Department of
499 Economic Opportunity or its tax collection service provider for
500 the quarterly reporting to the National Directory of New Hires
501 information on wages and reemployment assistance taken from the
502 quarterly report to the Secretary of Labor, now required by
503 Title III of the Social Security Act, except that no report
504 shall be filed with respect to an employee of a state or local
505 agency performing intelligence or counterintelligence functions,
506 if the head of such agency has determined that filing such a
507 report could endanger the safety of the employee or compromise
508 an ongoing investigation or intelligence mission.
509 (9) DISCLOSURE OF INFORMATION.—
510 (a) New hire Information reported under this section shall
511 be disclosed to the state agency administering the following
512 programs for the purposes of determining eligibility under those
513 programs:
514 1. Any state program funded under part A of Title IV of the
515 Social Security Act;
516 2. The Medicaid program under Title XIX of the Social
517 Security Act;
518 3. The reemployment assistance or unemployment compensation
519 program under s. 3304 of the Internal Revenue Code of 1954;
520 4. The food assistance program under the Food and Nutrition
521 Act of 2008; and
522 5. Any state program under a plan approved under Title I
523 (Old-Age Assistance for the Aged), Title X (Aid to the Blind),
524 Title XIV (Aid to the Permanently and Totally Disabled), or
525 Title XVI (Aid to the Aged, Blind, or Disabled; Supplemental
526 Security Income for the Aged, Blind, and Disabled) of the Social
527 Security Act.
528 (b) New hire Information reported under this section shall
529 be disclosed to the state agencies operating employment security
530 and workers’ compensation programs for the purposes of
531 administering such programs.
532 Section 11. This act shall take effect October 1, 2021.