Florida Senate - 2022 SENATOR AMENDMENT Bill No. CS for HB 5 Ì733896\Î733896 LEGISLATIVE ACTION Senate . House . . . Floor: 1/F/2R . 03/02/2022 04:59 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Polsky moved the following: 1 Senate Amendment (with title amendment) 2 3 Before line 45 4 insert: 5 Section 1. Subsection (1) of section 61.13, Florida 6 Statutes, is amended to read: 7 61.13 Support of children; parenting and time-sharing; 8 powers of court.— 9 (1)(a) In a proceeding under this chapter, the court may at 10 any time order either or both parents who owe a duty of support 11 to a child to pay support to the other parent or, in the case of 12 both parents, to a third party who has custody in accordance 13 with the child support guidelines schedule in s. 61.30. Child 14 support may be ordered under this section for an unborn child 15 beginning at the gestational age of 15 weeks. If paternity of 16 the obligor is disputed, the court must await the outcome of the 17 paternity proceeding before ordering child support payments and 18 must award child support retroactive to the date when the 19 gestational age of the unborn child was 15 weeks. 20 1. All child support orders and income deduction orders 21 entered on or after October 1, 2010, must provide: 22 a. For child support to terminate on a child’s 18th 23 birthday unless the court finds or previously found that s. 24 743.07(2) applies, or is otherwise agreed to by the parties; 25 b. A schedule, based on the record existing at the time of 26 the order, stating the amount of the monthly child support 27 obligation for all the minor children at the time of the order 28 and the amount of child support that will be owed for any 29 remaining children after one or more of the children are no 30 longer entitled to receive child support; and 31 c. The month, day, and year that the reduction or 32 termination of child support becomes effective. 33 2. The court initially entering an order requiring one or 34 both parents to make child support payments has continuing 35 jurisdiction after the entry of the initial order to modify the 36 amount and terms and conditions of the child support payments if 37 the modification is found by the court to be in the best 38 interests of the child; when the child reaches majority; if 39 there is a substantial change in the circumstances of the 40 parties; if s. 743.07(2) applies; or when a child is 41 emancipated, marries, joins the armed services, or dies. For 42 child support orders involving unborn children, the court must 43 review and modify, if appropriate, the amount and terms and 44 conditions of child support payments when the child is born. The 45 court initially entering a child support order has continuing 46 jurisdiction to require the obligee to report to the court on 47 terms prescribed by the court regarding the disposition of the 48 child support payments. 49 (b) Each order for support shall contain a provision for 50 health insurance for the minor child when health insurance is 51 reasonable in cost and accessible to the child. For child 52 support orders involving unborn children, the provision for 53 health insurance must include coverage for the pregnant woman 54 for the duration of the pregnancy and any related postpartum 55 care needed immediately after the child is born. Health 56 insurance is presumed to be reasonable in cost if the 57 incremental cost of adding health insurance for the child or 58 children does not exceed 5 percent of the gross income, as 59 defined in s. 61.30, of the parent responsible for providing 60 health insurance. Health insurance is accessible to the child if 61 the health insurance is available to be used in the county of 62 the child’s primary residence or in another county if the parent 63 who has the most time under the time-sharing plan agrees. If the 64 time-sharing plan provides for equal time-sharing, health 65 insurance is accessible to the child if the health insurance is 66 available to be used in either county where the child resides or 67 in another county if both parents agree. The court may require 68 the obligor to provide health insurance or to reimburse the 69 obligee for the cost of health insurance for the minor child 70 when insurance is provided by the obligee. The presumption of 71 reasonable cost may be rebutted by evidence of any of the 72 factors in s. 61.30(11)(a). The court may deviate from what is 73 presumed reasonable in cost only upon a written finding 74 explaining its determination why ordering or not ordering the 75 provision of health insurance or the reimbursement of the 76 obligee’s cost for providing health insurance for the minor 77 child would be unjust or inappropriate. In any event, the court 78 shall apportion the cost of health insurance, and any noncovered 79 medical, dental, and prescription medication expenses of the 80 child, to both parties by adding the cost to the basic 81 obligation determined pursuant to s. 61.30(6). The court may 82 order that payment of noncovered medical, dental, and 83 prescription medication expenses of the minor child be made 84 directly to the obligee on a percentage basis. In a proceeding 85 for medical support only, each parent’s share of the child’s 86 noncovered medical expenses shall equal the parent’s percentage 87 share of the combined net income of the parents. The percentage 88 share shall be calculated by dividing each parent’s net monthly 89 income by the combined monthly net income of both parents. Net 90 income is calculated as specified by s. 61.30(3) and (4). 91 1. In a non-Title IV-D case, a copy of the court order for 92 health insurance shall be served on the obligor’s union or 93 employer by the obligee when the following conditions are met: 94 a. The obligor fails to provide written proof to the 95 obligee within 30 days after receiving effective notice of the 96 court order that the health insurance has been obtained or that 97 application for health insurance has been made; 98 b. The obligee serves written notice of intent to enforce 99 an order for health insurance on the obligor by mail at the 100 obligor’s last known address; and 101 c. The obligor fails within 15 days after the mailing of 102 the notice to provide written proof to the obligee that the 103 health insurance existed as of the date of mailing. 104 2.a. A support order enforced under Title IV-D of the 105 Social Security Act which requires that the obligor provide 106 health insurance is enforceable by the department through the 107 use of the national medical support notice, and an amendment to 108 the support order is not required. The department shall transfer 109 the national medical support notice to the obligor’s union or 110 employer. The department shall notify the obligor in writing 111 that the notice has been sent to the obligor’s union or 112 employer, and the written notification must include the 113 obligor’s rights and duties under the national medical support 114 notice. The obligor may contest the withholding required by the 115 national medical support notice based on a mistake of fact. To 116 contest the withholding, the obligor must file a written notice 117 of contest with the department within 15 business days after the 118 date the obligor receives written notification of the national 119 medical support notice from the department. Filing with the 120 department is complete when the notice is received by the person 121 designated by the department in the written notification. The 122 notice of contest must be in the form prescribed by the 123 department. Upon the timely filing of a notice of contest, the 124 department shall, within 5 business days, schedule an informal 125 conference with the obligor to discuss the obligor’s factual 126 dispute. If the informal conference resolves the dispute to the 127 obligor’s satisfaction or if the obligor fails to attend the 128 informal conference, the notice of contest is deemed withdrawn. 129 If the informal conference does not resolve the dispute, the 130 obligor may request an administrative hearing under chapter 120 131 within 5 business days after the termination of the informal 132 conference, in a form and manner prescribed by the department. 133 However, the filing of a notice of contest by the obligor does 134 not delay the withholding of premium payments by the union, 135 employer, or health plan administrator. The union, employer, or 136 health plan administrator must implement the withholding as 137 directed by the national medical support notice unless notified 138 by the department that the national medical support notice is 139 terminated. 140 b. In a Title IV-D case, the department shall notify an 141 obligor’s union or employer if the obligation to provide health 142 insurance through that union or employer is terminated. 143 3. In a non-Title IV-D case, upon receipt of the order 144 pursuant to subparagraph 1., or upon application of the obligor 145 pursuant to the order, the union or employer shall enroll the 146 minor child as a beneficiary in the group health plan regardless 147 of any restrictions on the enrollment period and withhold any 148 required premium from the obligor’s income. If more than one 149 plan is offered by the union or employer, the child shall be 150 enrolled in the group health plan in which the obligor is 151 enrolled. 152 4.a. Upon receipt of the national medical support notice 153 under subparagraph 2. in a Title IV-D case, the union or 154 employer shall transfer the notice to the appropriate group 155 health plan administrator within 20 business days after the date 156 on the notice. The plan administrator must enroll the child as a 157 beneficiary in the group health plan regardless of any 158 restrictions on the enrollment period, and the union or employer 159 must withhold any required premium from the obligor’s income 160 upon notification by the plan administrator that the child is 161 enrolled. The child shall be enrolled in the group health plan 162 in which the obligor is enrolled. If the group health plan in 163 which the obligor is enrolled is not available where the child 164 resides or if the obligor is not enrolled in group coverage, the 165 child shall be enrolled in the lowest cost group health plan 166 that is accessible to the child. 167 b. If health insurance or the obligor’s employment is 168 terminated in a Title IV-D case, the union or employer that is 169 withholding premiums for health insurance under a national 170 medical support notice must notify the department within 20 days 171 after the termination and provide the obligor’s last known 172 address and the name and address of the obligor’s new employer, 173 if known. 174 5.a. The amount withheld by a union or employer in 175 compliance with a support order may not exceed the amount 176 allowed under s. 303(b) of the Consumer Credit Protection Act, 177 15 U.S.C. s. 1673(b), as amended. The union or employer shall 178 withhold the maximum allowed by the Consumer Credit Protection 179 Act in the following order: 180 (I) Current support, as ordered. 181 (II) Premium payments for health insurance, as ordered. 182 (III) Past due support, as ordered. 183 (IV) Other medical support or insurance, as ordered. 184 b. If the combined amount to be withheld for current 185 support plus the premium payment for health insurance exceed the 186 amount allowed under the Consumer Credit Protection Act, and the 187 health insurance cannot be obtained unless the full amount of 188 the premium is paid, the union or employer may not withhold the 189 premium payment. However, the union or employer shall withhold 190 the maximum allowed in the following order: 191 (I) Current support, as ordered. 192 (II) Past due support, as ordered. 193 (III) Other medical support or insurance, as ordered. 194 6. An employer, union, or plan administrator who does not 195 comply with the requirements in sub-subparagraph 4.a. is subject 196 to a civil penalty not to exceed $250 for the first violation 197 and $500 for subsequent violations, plus attorney’s fees and 198 costs. The department may file a petition in circuit court to 199 enforce the requirements of this subparagraph. 200 7. The department may adopt rules to administer the child 201 support enforcement provisions of this section that affect Title 202 IV-D cases. 203 (c) To the extent necessary to protect an award of child 204 support, the court may order the obligor to purchase or maintain 205 a life insurance policy or a bond, or to otherwise secure the 206 child support award with any other assets which may be suitable 207 for that purpose. 208 (d)1. All child support orders shall provide the full name 209 and date of birth of each minor child who is the subject of the 210 child support order. For child support orders involving unborn 211 children, the order shall specify that the order is for the 212 benefit of an unborn child and include the gestational age and 213 intended full name, if any, of the unborn child. 214 2. If both parties request and the court finds that it is 215 in the best interest of the child, support payments need not be 216 subject to immediate income deduction. Support orders that are 217 not subject to immediate income deduction may be directed 218 through the depository under s. 61.181 or made payable directly 219 to the obligee. Payments made by immediate income deduction 220 shall be made to the State Disbursement Unit. The court shall 221 provide a copy of the order to the depository. 222 3. For support orders payable directly to the obligee, any 223 party may subsequently file an affidavit with the depository 224 alleging a default in payment of child support and stating that 225 the party wishes to require that payments be made through the 226 depository. The party shall provide copies of the affidavit to 227 the court and to each other party. Fifteen days after receipt of 228 the affidavit, the depository shall notify all parties that 229 future payments shall be paid through the depository, except 230 that payments in Title IV-D cases and income deduction payments 231 shall be made to the State Disbursement Unit. In Title IV-D 232 cases, an affidavit of default or a default in payments is not 233 required to receive depository services. Upon notice by the 234 department that it is providing Title IV-D services in a case 235 with an existing support order, the depository shall transmit 236 case data through, and set up appropriate payment accounts in, 237 regardless of whether there is a delinquency, the Clerk of the 238 Court Child Support Enforcement Collection System as required 239 under s. 61.181(2)(b). 240 241 ================= T I T L E A M E N D M E N T ================ 242 And the title is amended as follows: 243 Delete line 3 244 and insert: 245 mortality; amending s. 61.13, F.S.; providing that 246 child support may be ordered for unborn children 247 beginning at a specified gestational age; requiring 248 the court to await the outcome of paternity 249 proceedings in disputed paternity cases before 250 ordering child support payments; providing for 251 retroactive child support payments under certain 252 circumstances; requiring the court to review and 253 modify, if appropriate, child support orders involving 254 unborn children when the child is born; requiring 255 child support orders involving unborn children to 256 include health insurance coverage for the pregnant 257 woman for a specified time; requiring that child 258 support orders involving unborn children include 259 specified information; amending s. 381.84, F.S.; 260 revising the