Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 536
Ì176882JÎ176882
LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Children, Families, and Elder Affairs (Garcia)
recommended the following:
1 Senate Amendment
2
3 Delete lines 268 - 343
4 and insert:
5 Section 5. Effective upon becoming law, paragraph (c) of
6 subsection (2) of section 61.30, Florida Statutes, is amended to
7 read:
8 61.30 Child support guidelines; retroactive child support.—
9 (2) Income shall be determined on a monthly basis for each
10 parent as follows:
11 (c) Except for incarceration for willful nonpayment of
12 child support or for an offense against a child or person who is
13 owed child support, Incarceration may not be treated as
14 voluntary unemployment in establishing or modifying a support
15 order. However, the court may deviate from the child support
16 guideline amount as provided in paragraph (1)(a).
17 Section 6. Paragraph (a) of subsection (2) of section
18 409.256, Florida Statutes, is amended to read:
19 409.256 Administrative proceeding to establish paternity or
20 paternity and child support; order to appear for genetic
21 testing.—
22 (2) JURISDICTION; LOCATION OF HEARINGS; RIGHT OF ACCESS TO
23 THE COURTS.—
24 (a) The department may commence a paternity proceeding or a
25 paternity and child support proceeding as provided in subsection
26 (4) if:
27 1. The child’s paternity has not been established.
28 2. No one is named as the father on the child’s birth
29 certificate or the person named as the father is the putative
30 father named in an affidavit or a written declaration as
31 provided in subparagraph 5.
32 3. The child’s mother was unmarried when the child was
33 conceived and born.
34 4. The department is providing services under Title IV-D of
35 the Social Security Act.
36 5. The child’s mother, caregiver, or a putative father has
37 stated in an affidavit, or in a written declaration as provided
38 in s. 92.525(2), that the putative father is or may be the
39 child’s biological father. The affidavit or written declaration
40 must set forth the factual basis for the allegation of paternity
41 as provided in s. 742.12(2).
42 Section 7. Subsection (8) of section 409.2563, Florida
43 Statutes, is amended to read:
44 409.2563 Administrative establishment of child support
45 obligations.—
46 (8) FILING WITH THE CLERK OF THE CIRCUIT COURT; OFFICIAL
47 PAYMENT RECORD; JUDGMENT BY OPERATION OF LAW.—The department
48 shall file with the clerk of the circuit court a copy of an
49 administrative support order rendered under this section. The
50 depository operated pursuant to s. 61.181 for the county where
51 the administrative support order has been filed shall:
52 (a) Act as the official recordkeeper for payments required
53 under the administrative support order;
54 (b) Establish and maintain the necessary payment accounts;
55 (c) Upon a delinquency, initiate the judgment by operation
56 of law procedure as provided by s. 61.14(6); and
57 (d) Perform all other duties required of a depository with
58 respect to a support order entered by a court of this state.
59
60 When a proceeding to establish an administrative support order
61 is commenced under subsection (4), the department shall file a
62 copy of the initial notice with the depository. The depository
63 shall assign an account number and provide the account number to
64 the department within 4 business days after the initial notice
65 is filed. When the department receives a payment record from a
66 IV-D agency or a court in another state, as the term “state” is
67 defined by s. 88.1011, and the payment record shows the obligor
68 made a payment in that state pursuant to an administrative
69 support order rendered by the department, the department shall
70 file the payment record with the clerk of the court depository,
71 requesting the clerk to review the record and update the clerk’s
72 payment accounts, applying credit for payments made to the other
73 state for which the clerk has not previously provided credit. If
74 the payment record from the other state indicates the obligor
75 has made payments that are not reflected in the clerk’s payment
76 accounts, the clerk must credit the account in the amount of the
77 payment made to the other state. A party to the administrative
78 proceeding may dispute the application of credit in a subsequent
79 proceeding concerning payment under the administrative support
80 order.
81 Section 8. Except as otherwise expressly provided in this
82 act, this act shall take effect July 1, 2023.