The Florida Senate

409.2598  Suspension or denial of new or renewal licenses; registrations; certifications.--

(1)  As used in this section, the term:

(a)  "License" means a license, permit, certificate, registration, franchise, or other form of written permission issued by a licensing agency to an individual which authorizes the individual to engage in an occupation, business, trade, or profession or to engage in a recreational activity, including hunting or fishing. Where the context permits, the term also includes an application for a new or renewal license.

(b)  "Licensee" means an individual who has a license.

(c)  "Licensing agency" means a department, commission, agency, district, county, municipality, or other subdivision of state or local government which issues licenses.

(2)  The Title IV-D agency may petition the court that entered the support order or the court that is enforcing the support order to deny or suspend the license of any obligor with a delinquent support obligation or who fails, after receiving appropriate notice, to comply with subpoenas, orders to appear, orders to show cause, or similar orders relating to paternity or support proceedings. However, a petition may not be filed until the Title IV-D agency has exhausted all other available remedies. The purpose of this section is to promote the public policy of the state as established in s. 409.2551

(3)  The Title IV-D agency shall give notice to any obligor who is an applicant for a new or renewal license or the holder of a current license when a delinquency exists in the support obligation or when an obligor has failed to comply with a subpoena, order to appear, order to show cause, or similar order relating to paternity or support proceeding. The notice shall specify that the obligor has 30 days from the date of mailing of the notice to pay the delinquency or to reach an agreement to pay the delinquency with the Title IV-D agency or comply with the subpoena, order to appear, order to show cause, or similar order. The notice shall specify that, if payment is not made or an agreement cannot be reached, or if the subpoena, order to appear, order to show cause, or similar order is not complied with, the application may be denied or the license may be suspended pursuant to a court order.

(4)  If the obligor fails to pay the delinquency or enter into a repayment agreement with the department or comply with the subpoena, order to appear, order to show cause, or similar order within 30 days following completion of service of the notice, the Title IV-D agency shall send a second notice to the obligor stating that the obligor has 30 days to pay the delinquency or reach an agreement to pay the delinquency with the Title IV-D agency or comply with the subpoena, order to appear, order to show cause, or similar order. If the obligor fails to respond to either notice from the Title IV-D agency or if the obligor fails to pay the delinquency or reach an agreement to pay the delinquency or comply with the subpoena, order to appear, order to show cause, or similar order after the second notice, the Title IV-D agency may petition the court which entered the support order or the court which is enforcing the support order to deny the application for the license or to suspend the license of the obligor. However, no petition may be filed until the Title IV-D agency has exhausted all other available remedies. The court may find that it would be inappropriate to deny a license or suspend a license if:

(a)  Denial or suspension would result in irreparable harm to the obligor or employees of the obligor or would not accomplish the objective of collecting the delinquency; or

(b)  The obligor demonstrates that he or she has made a good faith effort to reach an agreement with the Title IV-D agency.

The court may not deny or suspend a license if the court determines that an alternative remedy is available to the Title IV-D agency which is likely to accomplish the objective of collecting the delinquency or obtaining compliance with the subpoena, order to appear, order to show cause, or similar order. If the obligor fails in the defense of a petition for denial or suspension, the court which entered the support order or the court which is enforcing the support order shall enter an order to deny the application for the license or to suspend the license of the obligor. The court shall order the obligor to surrender the license to the Title IV-D agency, which will return the license and a copy of the order of suspension to the appropriate licensing agency.

(5)  If the court denies or suspends a license and the obligor subsequently pays the delinquency or reaches an agreement with the Title IV-D agency to settle the delinquency and makes the first payment required by the agreement, or complies with the subpoena, order to appear, order to show cause, or similar order, the license shall be issued or reinstated upon written proof to the court that the obligor has complied with the terms of the court order, subpoena, order to appear, order to show cause, or similar order. Proof of payment shall consist of a certified copy of the payment record issued by the depository. The court shall order the appropriate licensing agency to issue or reinstate the license without additional charge to the obligor.

(6)  The licensing agency shall, when directed by the court, suspend or deny the license of any licensee under its jurisdiction found to have a delinquent support obligation or not to be in compliance with a subpoena, order to appear, order to show cause, or similar order. The licensing agency shall issue or reinstate the license without additional charge to the licensee when notified by the court that the licensee has complied with the terms of the court order, or subpoena, order to appear, order to show cause, or similar order.

(7)  Notice shall be served under this section by regular mail to the obligor at his or her last address of record with the local depository or a more recent address if known.

History.--s. 9, ch. 93-208; s. 4, ch. 95-222; s. 95, ch. 96-175; s. 1021, ch. 97-103; s. 59, ch. 97-170; s. 29, ch. 98-166; s. 36, ch. 99-289; s. 21, ch. 2000-160; s. 19, ch. 2000-364; s. 44, ch. 2001-158; s. 993, ch. 2002-387; s. 18, ch. 2004-334.