Bill Text: FL S0536 | 2023 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Child Support
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-04-27 - Laid on Table, companion bill(s) passed, see HB 1087 (Ch. 2023-152) [S0536 Detail]
Download: Florida-2023-S0536-Introduced.html
Bill Title: Child Support
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-04-27 - Laid on Table, companion bill(s) passed, see HB 1087 (Ch. 2023-152) [S0536 Detail]
Download: Florida-2023-S0536-Introduced.html
Florida Senate - 2023 SB 536 By Senator Garcia 36-01203-23 2023536__ 1 A bill to be entitled 2 An act relating to child support; amending s. 61.046, 3 F.S.; conforming a cross-reference; revising the 4 definition of the term “depository”; amending s. 5 61.13016, F.S.; revising requirements for the 6 deferment of payment agreements for child support; 7 amending s. 61.181, F.S.; revising the procedures for 8 collection and distribution of court depository fees; 9 amending s. 61.1811, F.S.; conforming a cross 10 reference; amending s. 61.30, F.S.; removing 11 exceptions to the prohibition on treating 12 incarceration as voluntary employment; amending s. 13 409.256, F.S.; revising requirements for the 14 Department of Revenue to commence proceedings 15 regarding paternity and child support; amending s. 16 409.2563, F.S.; requiring and specifying procedures 17 for the clerk of the court to credit depository 18 accounts for collections received by another state; 19 providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Subsections (2) and (4) of section 61.046, 24 Florida Statutes, are amended to read: 25 61.046 Definitions.—As used in this chapter, the term: 26 (2) “Clerk of Court Child Support Collection System” or 27 “CLERC System” means the automated system established pursuant 28 to s. 61.1811s. 61.181(2)(b)1., integrating all clerks of court 29 and depositories and through which payment data and State Case 30 Registry data is transmitted to the department’s automated child 31 support enforcement system. 32 (4) “Depository” means thecentral governmentaldepository 33 established by the clerk of the circuit court pursuant to s. 34 61.181, created by special act of the Legislature or other35entity established before June 1, 1985, to perform depository36functions andto receive, record, report, disburse, monitor, and 37 otherwise handle alimony and child support payments not 38 otherwise required to be processed by the State Disbursement 39 Unit. 40 Section 2. Subsection (1) of section 61.13016, Florida 41 Statutes, is amended to read: 42 61.13016 Suspension of driver licenses and motor vehicle 43 registrations.— 44 (1) The driver license and motor vehicle registration of a 45 support obligor who is delinquent in payment or who has failed 46 to comply with subpoenas or a similar order to appear or show 47 cause relating to paternity or support proceedings may be 48 suspended. When an obligor is 15 days delinquent making a 49 payment in support or failure to comply with a subpoena, order 50 to appear, order to show cause, or similar order in IV-D cases, 51 theTitleIV-D agency may provide notice to the obligor of the 52 delinquency or failure to comply with a subpoena, order to 53 appear, order to show cause, or similar order and the intent to 54 suspend by regular United States mail that is posted to the 55 obligor’s last address of record with the Department of Highway 56 Safety and Motor Vehicles. When an obligor is 15 days delinquent 57 in making a payment in support in non-IV-D cases, and upon the 58 request of the obligee, the depository or the clerk of the court 59 must provide notice to the obligor of the delinquency and the 60 intent to suspend by regular United States mail that is posted 61 to the obligor’s last address of record with the Department of 62 Highway Safety and Motor Vehicles. In either case, the notice 63 must state all of the following: 64 (a) The terms of the order creating the support 65 obligation.;66 (b) The period of the delinquency and the total amount of 67 the delinquency as of the date of the notice or describe the 68 subpoena, order to appear, order to show cause, or other similar 69 order that has not been complied with.;70 (c) That notification will be given to the Department of 71 Highway Safety and Motor Vehicles to suspend the obligor’s 72 driver license and motor vehicle registration unless, within 20 73 days after the date that the notice is mailed, the obligor: 74 1.a. Pays the delinquency in full and any other costs and 75 fees accrued between the date of the notice and the date the 76 delinquency is paid; 77 b. Enters into a written agreement for payment with the 78 obligee in non-IV-D cases or with theTitleIV-D agency in IV-D 79 cases; or in IV-D cases, complies with a subpoena or order to 80 appear, order to show cause, or a similar order, which may 81 include a reasonable period of payment deferral to accommodate 82 an obligor’s good faith job-seeking or job training efforts; 83 c. Files a petition with the circuit court to contest the 84 delinquency action; 85 d. Demonstrates that he or she receives reemployment 86 assistance or unemployment compensation pursuant to chapter 443; 87 e. Demonstrates that he or she is disabled and incapable of 88 self-support or that he or she receives benefits under the 89 federal Supplemental Security Income program or Social Security 90 Disability Insurance program; 91 f. Demonstrates that he or she receives temporary cash 92 assistance pursuant to chapter 414; or 93 g. Demonstrates that he or she is making payments in 94 accordance with a confirmed bankruptcy plan under chapter 11, 95 chapter 12, or chapter 13 of the United States Bankruptcy Code, 96 11 U.S.C. ss. 101 et seq.; and 97 2. Pays any applicable delinquency fees. 98 99 If an obligor in a non-IV-D case enters into a written agreement 100 for payment before the expiration of the 20-day period, the 101 obligor must provide a copy of the signed written agreement to 102 the depository or the clerk of the court. If an obligor seeks to 103 satisfy sub-subparagraph 1.d., sub-subparagraph 1.e., sub 104 subparagraph 1.f., or sub-subparagraph 1.g. before expiration of 105 the 20-day period, the obligor must provide the applicable 106 documentation or proof to the depository or the clerk of the 107 court. 108 Section 3. Paragraph (a) of subsection (1), subsection (2), 109 paragraph (a) of subsection (3), and subsections (4), (8), and 110 (9) of section 61.181, Florida Statutes, are amended to read: 111 61.181 Depository for alimony transactions, support, 112 maintenance, and support payments; fees.— 113 (1)(a) The office of the clerk of the court shall operate a 114 depositoryunless the depository is otherwise created by special115act of the Legislature or unless, prior to June 1, 1985, a116different entity was established to perform such functions. The 117 department shall, no later than July 1, 1998,extend 118 participation in the federal child support cost reimbursement 119 program to thecentraldepository in each county, to themaximum120 extent allowablepossibleunderexistingfederal law. The 121 depository shall receive reimbursement for services provided 122 under a cooperative agreement with the department pursuant to s. 123 61.1826. Each depository shall participate in the State 124 Disbursement Unit and shall implement all statutory and 125 contractual duties imposed on the State Disbursement Unit. Each 126 depository shall receive from and transmit to the State 127 Disbursement Unit required data through the Clerk of Court Child 128 Support Enforcement Collection System. Payments on non-IV-Dnon129Title IV-Dcases without income deduction orders may notshall130notbe sent to the State Disbursement Unit. 131 (2)(a) The depository shall impose and collect a fee on 132 payments on non-IV-D cases. The fee is 4 percent of the payment, 133 except no fee may be less than $1 or more than $5.25For134payments not required to be processed through the State135Disbursement Unit, the depositoryshallimpose and collecta fee136on each payment made for receiving, recording, reporting,137disbursing, monitoring, or handling alimony or child support138payments as required under this section. For non-Title IV-D139cases required to be processed by the State Disbursement Unit140pursuant to this chapter, the State Disbursement Unit shall, on141each payment received, collect a fee, and shall transmit to the142depository in which the case is located 40 percent of such143service charge for the depository’s administration, management,144and maintenance of such case. If a payment is made to the State145Disbursement Unit which is not accompanied by the required fee,146the State Disbursement Unit shall not deduct any moneys from the147support payment for payment of the fee. The fee shall be a flat148fee based, to the extent practicable, upon estimated reasonable149costs of operation. The fee shall be reduced in any case in150which the fixed fee results in a charge to any party of an151amount greater than 3 percent of the amount of any support152payment made in satisfaction of the amount which the party is153obligated to pay, except that no fee shall be less than $1 nor154more than $5 per payment made. The court shall consider the fee 155shall be considered by the courtin determining the amount of 156 support that the obligor is, or may be, required to pay. A fee 157 may not be imposed on payments on IV-D cases. 158 (b)1.The fee imposed in paragraph (a) shall be increased159to 4 percent of the support payments which the party is160obligated to pay, except that no fee shall be more than $5.25.161The fee shall be considered by the court in determining the162amount of support that the obligor is, or may be, required to163pay.Notwithstandingthe provisions ofs. 145.022, the fee for 164 non-IV-D cases must be distributed75 percent of the additional165revenues generated by this paragraph shall be remitted monthly166 to the Clerk of the Court Child Support Enforcement Collection 167 System Trust Fundadministered by the department as provided in168subparagraph 2., calculated as follows: 169 a. For each support payment of less than $33, 18.75 cents. 170 b. For each support payment between $33 and $140 inclusive, 171 an amount equal to 75 percent of the difference between 4 172 percent of the payment amount not to exceed $5.25 and 3 percent 173 of the payment amount not to exceed $5.00. 174 c. For each support payment in excess of $140, 18.75 cents. 175 176 These funds mustshallbe used exclusively for the development, 177 implementation, and operation of the Clerk of the Court Child 178 Support Enforcement Collection System to be operated by the 179 depositories, including the automation of civil case information 180 necessary for the State Case Registry. The department shall 181 contract with the Florida Association of Court Clerks and the 182 depositories to design, establish, operate, upgrade, and 183 maintain the automation of the depositories to include, but not 184 be limited to, the provision of online electronic transfer of 185 information to the IV-D agency as otherwise required by this 186 chapter. The department’s obligation to fund the automation of 187 the depositories is limited to the state share of funds 188 available in the Clerk of the Court Child Support Enforcement 189 Collection System Trust Fund. Each depository created under this 190 section mustshallfully participate in the Clerk of the Court 191 Child Support Enforcement Collection System and transmit data in 192 a readable format as required by the contract between the 193 Florida Association of Court Clerks and the department. 194 2. For payments not processed through the State 195 Disbursement Unit, the clerk of the court shall retain the 196 balance of the fee for receiving, recording, reporting, 197 disbursing, monitoring, or handling alimony or child support 198 payments as required under this section. 199 3. For payments processed through the State Disbursement 200 Unit, the clerk of the court shall retain 40 percent of the fee 201 for the depository’s administration, management, and maintenance 202 of the case. After retaining 40 percent of the fee and paying 203 the amount due to the Clerk of the Court Child Support 204 Enforcement Collection System Trust Fund, the clerk of the court 205 shall transmit the balance of the fee to the department for 206 handling as program income under s. 61.1814. 207 (c) Moneys to be remitted under subparagraphs (b)1. and 3. 208 must be remitted no less often than monthly in accordance with 209 s. 28.245 to the Clerk of the Court Revenue Remittance System. 210 (d)Moneys to be remitted to the department by the211depository shall be done daily by electronic funds transfer and212calculated as follows:213a. For each support payment of less than $33, 18.75 cents.214b. For each support payment between $33 and $140, an amount215equal to 18.75 percent of the fee charged.216c. For each support payment in excess of $140, 18.75 cents.2173.The fees established by this section shall be set forth 218 and included in every order of support entered by a court of 219 this state which requires payment to be made into the 220 depository. 221 (3)(a) For payments not required to be processed through 222 the State Disbursement Unit, the depository shall collect and 223 distribute all support payments paid into the depository to the 224 appropriate party.On or after July 1, 1998,If a payment is 225 made on aTitleIV-D case which is not accompanied by the 226 required transaction fee, the depository mayshallnot deduct 227 any moneys from the support payment for payment of the fee. 228 Nonpayment of the required fee shall be considered a 229 delinquency, and when the total of fees and costs which are due 230 but not paid exceeds $50, the judgment by operation of law 231 process set forth in s. 61.14(6)(a) shall become applicable and 232 operational. As part of its collection and distribution 233 functions, the depository shall maintain records listing: 234 1. The obligor’s name, address, social security number, 235 place of employment, and any other sources of income. 236 2. The obligee’s name, address, and social security number. 237 3. The amount of support due as provided in the court 238 order. 239 4. The schedule of payment as provided in the court order. 240 5. The actual amount of each support payment received, the 241 date of receipt, the amount disbursed, and the recipient of the 242 disbursement. 243 6. The unpaid balance of any arrearage due as provided in 244 the court order. 245 7. Other records as necessary to comply with federal 246 reporting requirements. 247(4)The depository shall provide to the IV-D agency, at248least once a month, a listing of IV-D accounts which identifies249all delinquent accounts, the period of delinquency, and total250amount of delinquency. The list shall be in alphabetical order251by name of obligor, shall include the obligee’s name and case252number, and shall be provided at no cost to the IV-D agency.253 (7)(8)On or before July 1, 1994,The depository shall 254 provide information required by this chapter to be transmitted 255 to theTitleIV-D agency by online electronic transmission 256pursuant to rules promulgated by the Title IV-D agency. 257(9)If the increase in fees as provided by paragraph (2)(b)258expires or is otherwise terminated, the depository shall not be259required to provide the Title IV-D agency the date provided by a260payor as required by s.61.1301.261 Section 4. Section 61.1811, Florida Statutes, is amended to 262 read: 263 61.1811 Clerk of the Court Child Support Enforcement 264 Collection System Trust Fund.—There is hereby created the Clerk 265 of the Court Child Support Enforcement Collection System Trust 266 Fund to be used to deposit the department’s share of the fees 267 generated in s. 61.181(2)(b)1s. 61.181(2)(b). 268 Section 5. Paragraph (c) of subsection (2) of section 269 61.30, Florida Statutes, is amended to read: 270 61.30 Child support guidelines; retroactive child support.— 271 (2) Income shall be determined on a monthly basis for each 272 parent as follows: 273 (c)Except for incarceration for willful nonpayment of274child support or for an offense against a child or person who is275owed child support,Incarceration may not be treated as 276 voluntary unemployment in establishing or modifying a support 277 order. However, the court may deviate from the child support 278 guideline amount as provided in paragraph (1)(a). 279 Section 6. Paragraph (a) of subsection (2) of section 280 409.256, Florida Statutes, is amended to read: 281 409.256 Administrative proceeding to establish paternity or 282 paternity and child support; order to appear for genetic 283 testing.— 284 (2) JURISDICTION; LOCATION OF HEARINGS; RIGHT OF ACCESS TO 285 THE COURTS.— 286 (a) The department may commence a paternity proceeding or a 287 paternity and child support proceeding as provided in subsection 288 (4) if: 289 1. The child’s paternity has not been established. 290 2. No one is named as the father on the child’s birth 291 certificate or the person named as the father is the putative 292 father named in an affidavit or a written declaration as 293 provided in subparagraph 5. 294 3. The child’s mother was unmarried when the child was 295 conceived and born. 296 4. The department is providing services under Title IV-D of 297 the Social Security Act. 298 5. The child’s mother, caregiver, or a putative father has 299 stated in an affidavit, or in a written declaration as provided 300 in s. 92.525(2), that the putative father is or may be the 301 child’s biological father. The affidavit or written declaration 302 must set forth the factual basis for the allegation of paternity 303 as provided in s. 742.12(2). 304 Section 7. Subsection (8) of section 409.2563, Florida 305 Statutes, is amended to read: 306 409.2563 Administrative establishment of child support 307 obligations.— 308 (8) FILING WITH THE CLERK OF THE CIRCUIT COURT; OFFICIAL 309 PAYMENT RECORD; JUDGMENT BY OPERATION OF LAW.—The department 310 shall file with the clerk of the circuit court a copy of an 311 administrative support order rendered under this section. The 312 depository operated pursuant to s. 61.181 for the county where 313 the administrative support order has been filed shall: 314 (a) Act as the official recordkeeper for payments required 315 under the administrative support order; 316 (b) Establish and maintain the necessary payment accounts; 317 (c) Upon a delinquency, initiate the judgment by operation 318 of law procedure as provided by s. 61.14(6); and 319 (d) Perform all other duties required of a depository with 320 respect to a support order entered by a court of this state. 321 322 When a proceeding to establish an administrative support order 323 is commenced under subsection (4), the department shall file a 324 copy of the initial notice with the depository. The depository 325 shall assign an account number and provide the account number to 326 the department within 4 business days after the initial notice 327 is filed. When the department receives a payment record from a 328 IV-D agency or a court in another state, as the term “state” is 329 defined by s. 88.1011, and the payment record shows the obligor 330 made a payment in that state pursuant to an administrative 331 support order rendered by the department, the department shall 332 file the payment record with the clerk of the court depository, 333 requesting the clerk to review the record and update the clerk’s 334 payment accounts, applying credit for payments made to the other 335 state for which the clerk has not previously provided credit. If 336 the payment record from the other state indicates the obligor 337 has made payments that are not reflected in the clerk’s payment 338 accounts, the clerk must credit the account in the amount of the 339 payment made to the other state. A party to the administrative 340 proceeding may dispute the application of credit in a subsequent 341 proceeding concerning payment under the administrative support 342 order. 343 Section 8. This act shall take effect July 1, 2023.