The Florida Senate

¹409.25657  Requirements for financial institutions.--

(1)  Definitions.--For purposes of this section, reference is made to 42 U.S.C. s. 669A:

(a)  "Financial institution" means:

1.  A depository institution, as defined in s. 3(c) of the Federal Deposit Insurance Act, 12 U.S.C. s. 1813(c);

2.  An institution-affiliated party, as defined in s. 3(u) of such act, 12 U.S.C. s. 1813(u);

3.  Any federal credit union or state credit union, as defined in s. 101 of the Federal Credit Union Act, 12 U.S.C. s. 1752, including an institution-affiliated party of such a credit union, as defined in s. 206(r) of such act, 12 U.S.C. s. 1786(r); and

4.  Any benefit association, insurance company, safe deposit company, money-market mutual fund, or similar entity authorized to do business in the state.

(b)  An "account" means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account.

(2)  The department shall develop procedures to enter into agreements with financial institutions doing business in the state, in coordination with such financial institutions and with the Federal Parent Locator Service in the case of financial institutions doing business in two or more states, to develop and operate a data match system, using automated data exchanges to the maximum extent feasible, in which each financial institution is required to provide for each calendar quarter the name, record address, social security number or other taxpayer identification number, average daily account balance, and other identifying information for:

(a)  Each noncustodial parent who maintains an account at such institution and who owes past due support, as identified by the department by name and social security number or other taxpayer identification number; or

(b)  At the financial institution's option, each individual who maintains an account at such institution. Use of this information shall be limited to the purpose of administration of the Title IV-D program for child support enforcement.

(3)  The department shall pay a reasonable fee to a financial institution for conducting the data match provided for in subsection (2), not to exceed the actual costs incurred by such financial institution.

(4)  A financial institution shall not be liable to any person nor shall it be required to provide notice to its customers:

(a)  For disclosure of any information as required under this section;

(b)  For encumbering or surrendering any assets held by such financial institution in response to a notice of lien or levy issued by the department;

(c)  For disclosing any information in connection with a data match; or

(d)  For any other action taken in good faith to comply with the requirements of this section.

(5)  Any financial records obtained pursuant to this section may be disclosed only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a support obligation of such individual.

(6)  The Department of Revenue may adopt rules for establishing the procedures for automated data matches with financial institutions.

History.--s. 52, ch. 97-170; s. 16, ch. 99-375; s. 36, ch. 2001-158.

¹Note.--Section 27, ch. 2007-106, provides that:

"(1)  In coordination with financial institutions doing business in this state, the Department of Revenue may design and implement a pilot program for identifying account holders against whose property the department has issued a warrant or filed a judgment lien certificate. Under the program, the department may enter into agreements with financial institutions, as defined in s. 409.25657, Florida Statutes, to develop and operate a data match system that uses automated data exchanges to the maximum extent feasible.

"(2)  A financial institution is not liable and is not required to provide notice to its customers:

"(a)  For disclosure of any information for purposes of this program; or

"(b)  For any other action taken in good faith to participate in this program.

"(3)  The department may request from a financial institution information and assistance to enable the department to design and implement the program. The department shall administer this program in conjunction with s. 409.25657, Florida Statutes, in order to reduce the burden of participation on financial institutions. The department shall pay a reasonable fee to participating financial institutions for participating in this program, but the fee may not exceed the actual costs incurred by such financial institution. All financial records obtained pursuant to this section may be disclosed only for the purpose of determining the feasibility of the program. The department may not engage in collection activities based upon the information received under this program.

"(4)  The department shall report its findings and recommendations on the feasibility of permanently establishing the data match program to the Government Efficiency and Accountability Council of the House of Representatives and the Committee on Finance and Tax of the Senate on or before January 1, 2008."