Bill Text: FL S0694 | 2010 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Child Support [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-06-03 - Approved by Governor; Chapter No. 2010-187 [S0694 Detail]

Download: Florida-2010-S0694-Engrossed.html

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CS for CS for CS for SB 694                      First Engrossed 
2010694e1 
1                        A bill to be entitled 
2         An act relating to child support; amending s. 61.13, 
3         F.S.; deleting a reference to health insurance in the 
4         process for determining a parent’s share of an 
5         obligation to pay medical support only; providing that 
6         an obligor may make child support payments directly to 
7         the obligee under certain circumstances; clarifying 
8         when income deduction payments are required to be paid 
9         to the State Disbursement Unit; amending s. 61.30, 
10         F.S.; authorizing the Department of Revenue to submit 
11         to the court a written declaration signed under 
12         penalty of perjury for the purpose of establishing an 
13         obligation for child support; amending s. 382.013, 
14         F.S.; providing that if the mother and father of a 
15         child marry each other at any time after the child’s 
16         birth, the Department of Health shall amend the 
17         certificate with regard to the parents’ marital status 
18         as though the parents were married at the time of 
19         birth; amending s. 382.015, F.S.; requiring the Office 
20         of Vital Statistics in the Department of Health to 
21         prepare and file a new birth certificate that includes 
22         the name of the legal father when a final judgment of 
23         dissolution of marriage requires the former husband to 
24         pay child support for the child; amending s. 382.016, 
25         F.S.; requiring the Office of Vital Statistics to 
26         amend a child’s birth certificate to include the name 
27         of the legal father upon receipt of a marriage license 
28         that identifies the child as a child of the marriage; 
29         amending s. 409.2558, F.S.; requiring the Department 
30         of Revenue to process collected funds that are 
31         determined to be undistributable in a specified 
32         manner; requiring the department to retain as program 
33         income de minimis child support collections under $1; 
34         amending s. 409.256, F.S.; changing the term 
35         “custodian” to “caregiver” and defining the role of 
36         the caregiver; amending s. 409.2563, F.S.; replacing 
37         “caretaker relative” with “caregiver” and defining the 
38         term; authorizing the Department of Revenue to refer a 
39         proceeding to the Division of Administrative Hearings 
40         for an evidentiary hearing to determine the support 
41         obligation; replacing the term “hearing request” with 
42         “proceeding”; amending s. 409.25635, F.S.; authorizing 
43         the Department of Revenue to collect noncovered 
44         medical expenses in installments by issuing an income 
45         deduction notice; amending s. 409.2564, F.S.; removing 
46         a provision that encouraged parties to enter into a 
47         settlement agreement; conforming cross-references; 
48         requiring the department to review child support 
49         orders in IV-D cases at least once every 3 years; 
50         requiring that the department file a petition to 
51         modify support if the review of a support order 
52         indicates that the order should be modified; amending 
53         s. 409.2567, F.S.; authorizing the Department of 
54         Revenue to seek a specified waiver from the United 
55         States Department of Health and Human Services if the 
56         estimated increase in federal funding to the state 
57         derived from the waiver would exceed any additional 
58         cost to the state; amending s. 409.259, F.S.; 
59         extending the deadline for implementing electronic 
60         filing of pleadings and other documents with the 
61         clerks of court in Title IV-D cases until completion 
62         of the Child Support Automated Management System II; 
63         amending s. 409.910, F.S.; requiring the Agency for 
64         Health Care Administration to obtain health insurance 
65         information from insurers and provide it to the 
66         Department of Revenue for use in Title IV-D child 
67         support cases; requiring both agencies to enter into a 
68         cooperative agreement to implement the requirement; 
69         amending s. 414.095, F.S.; conforming a provision to a 
70         change made by the act; amending s. 741.01, F.S.; 
71         requiring an application for a marriage license to 
72         allow both parties to the marriage to state under oath 
73         in writing if they are the parents of a child born in 
74         this state and to identify any such child they have in 
75         common; reenacting ss. 61.14(1)(c) and 61.30(1)(c), 
76         F.S., relating to the enforcement and modification of 
77         support, maintenance, or alimony agreements or orders 
78         and the child support guidelines, respectively, to 
79         incorporate the amendments made to s. 409.2564, F.S., 
80         in references thereto; providing effective dates. 
81 
82  Be It Enacted by the Legislature of the State of Florida: 
83 
84         Section 1. Paragraphs (b) and (d) of subsection (1) of 
85  section 61.13, Florida Statutes, are amended to read: 
86         61.13 Support of children; parenting and time-sharing; 
87  powers of court.— 
88         (1) 
89         (b) Each order for support shall contain a provision for 
90  health insurance for the minor child when health insurance is 
91  reasonable in cost and accessible to the child. Health insurance 
92  is presumed to be reasonable in cost if the incremental cost of 
93  adding health insurance for the child or children does not 
94  exceed 5 percent of the gross income, as defined in s. 61.30, of 
95  the parent responsible for providing health insurance. Health 
96  insurance is accessible to the child if the health insurance is 
97  available to be used in the county of the child’s primary 
98  residence or in another county if the parent who has the most 
99  time under the time-sharing plan agrees. If the time-sharing 
100  plan provides for equal time-sharing, health insurance is 
101  accessible to the child if the health insurance is available to 
102  be used in either county where the child resides or in another 
103  county if both parents agree. The court may require the obligor 
104  to provide health insurance or to reimburse the obligee for the 
105  cost of health insurance for the minor child when insurance is 
106  provided by the obligee. The presumption of reasonable cost may 
107  be rebutted by evidence of any of the factors in s. 
108  61.30(11)(a). The court may deviate from what is presumed 
109  reasonable in cost only upon a written finding explaining its 
110  determination why ordering or not ordering the provision of 
111  health insurance or the reimbursement of the obligee’s cost for 
112  providing health insurance for the minor child would be unjust 
113  or inappropriate. In any event, the court shall apportion the 
114  cost of health insurance, and any noncovered medical, dental, 
115  and prescription medication expenses of the child, to both 
116  parties by adding the cost to the basic obligation determined 
117  pursuant to s. 61.30(6). The court may order that payment of 
118  noncovered medical, dental, and prescription medication expenses 
119  of the minor child be made directly to the obligee on a 
120  percentage basis. In a proceeding for medical support only, each 
121  parent’s share of the child’s health insurance and noncovered 
122  medical expenses shall equal the parent’s percentage share of 
123  the combined net income of the parents. The percentage share 
124  shall be calculated by dividing each parent’s net monthly income 
125  by the combined monthly net income of both parents. Net income 
126  is calculated as specified by s. 61.30(3) and (4). 
127         1. In a non-Title IV-D case, a copy of the court order for 
128  health insurance shall be served on the obligor’s union or 
129  employer by the obligee when the following conditions are met: 
130         a. The obligor fails to provide written proof to the 
131  obligee within 30 days after receiving effective notice of the 
132  court order that the health insurance has been obtained or that 
133  application for health insurance has been made; 
134         b. The obligee serves written notice of intent to enforce 
135  an order for health insurance on the obligor by mail at the 
136  obligor’s last known address; and 
137         c. The obligor fails within 15 days after the mailing of 
138  the notice to provide written proof to the obligee that the 
139  health insurance existed as of the date of mailing. 
140         2.a. A support order enforced under Title IV-D of the 
141  Social Security Act which requires that the obligor provide 
142  health insurance is enforceable by the department through the 
143  use of the national medical support notice, and an amendment to 
144  the support order is not required. The department shall transfer 
145  the national medical support notice to the obligor’s union or 
146  employer. The department shall notify the obligor in writing 
147  that the notice has been sent to the obligor’s union or 
148  employer, and the written notification must include the 
149  obligor’s rights and duties under the national medical support 
150  notice. The obligor may contest the withholding required by the 
151  national medical support notice based on a mistake of fact. To 
152  contest the withholding, the obligor must file a written notice 
153  of contest with the department within 15 business days after the 
154  date the obligor receives written notification of the national 
155  medical support notice from the department. Filing with the 
156  department is complete when the notice is received by the person 
157  designated by the department in the written notification. The 
158  notice of contest must be in the form prescribed by the 
159  department. Upon the timely filing of a notice of contest, the 
160  department shall, within 5 business days, schedule an informal 
161  conference with the obligor to discuss the obligor’s factual 
162  dispute. If the informal conference resolves the dispute to the 
163  obligor’s satisfaction or if the obligor fails to attend the 
164  informal conference, the notice of contest is deemed withdrawn. 
165  If the informal conference does not resolve the dispute, the 
166  obligor may request an administrative hearing under chapter 120 
167  within 5 business days after the termination of the informal 
168  conference, in a form and manner prescribed by the department. 
169  However, the filing of a notice of contest by the obligor does 
170  not delay the withholding of premium payments by the union, 
171  employer, or health plan administrator. The union, employer, or 
172  health plan administrator must implement the withholding as 
173  directed by the national medical support notice unless notified 
174  by the department that the national medical support notice is 
175  terminated. 
176         b. In a Title IV-D case, the department shall notify an 
177  obligor’s union or employer if the obligation to provide health 
178  insurance through that union or employer is terminated. 
179         3. In a non-Title IV-D case, upon receipt of the order 
180  pursuant to subparagraph 1., or upon application of the obligor 
181  pursuant to the order, the union or employer shall enroll the 
182  minor child as a beneficiary in the group health plan regardless 
183  of any restrictions on the enrollment period and withhold any 
184  required premium from the obligor’s income. If more than one 
185  plan is offered by the union or employer, the child shall be 
186  enrolled in the group health plan in which the obligor is 
187  enrolled. 
188         4.a. Upon receipt of the national medical support notice 
189  under subparagraph 2. in a Title IV-D case, the union or 
190  employer shall transfer the notice to the appropriate group 
191  health plan administrator within 20 business days after the date 
192  on the notice. The plan administrator must enroll the child as a 
193  beneficiary in the group health plan regardless of any 
194  restrictions on the enrollment period, and the union or employer 
195  must withhold any required premium from the obligor’s income 
196  upon notification by the plan administrator that the child is 
197  enrolled. The child shall be enrolled in the group health plan 
198  in which the obligor is enrolled. If the group health plan in 
199  which the obligor is enrolled is not available where the child 
200  resides or if the obligor is not enrolled in group coverage, the 
201  child shall be enrolled in the lowest cost group health plan 
202  that is accessible to the child. 
203         b. If health insurance or the obligor’s employment is 
204  terminated in a Title IV-D case, the union or employer that is 
205  withholding premiums for health insurance under a national 
206  medical support notice must notify the department within 20 days 
207  after the termination and provide the obligor’s last known 
208  address and the name and address of the obligor’s new employer, 
209  if known. 
210         5.a. The amount withheld by a union or employer in 
211  compliance with a support order may not exceed the amount 
212  allowed under s. 303(b) of the Consumer Credit Protection Act, 
213  15 U.S.C. s. 1673(b), as amended. The union or employer shall 
214  withhold the maximum allowed by the Consumer Credit Protection 
215  Act in the following order: 
216         (I) Current support, as ordered. 
217         (II) Premium payments for health insurance, as ordered. 
218         (III) Past due support, as ordered. 
219         (IV) Other medical support or insurance, as ordered. 
220         b. If the combined amount to be withheld for current 
221  support plus the premium payment for health insurance exceed the 
222  amount allowed under the Consumer Credit Protection Act, and the 
223  health insurance cannot be obtained unless the full amount of 
224  the premium is paid, the union or employer may not withhold the 
225  premium payment. However, the union or employer shall withhold 
226  the maximum allowed in the following order: 
227         (I) Current support, as ordered. 
228         (II) Past due support, as ordered. 
229         (III) Other medical support or insurance, as ordered. 
230         6. An employer, union, or plan administrator who does not 
231  comply with the requirements in sub-subparagraph 4.a. is subject 
232  to a civil penalty not to exceed $250 for the first violation 
233  and $500 for subsequent violations, plus attorney’s fees and 
234  costs. The department may file a petition in circuit court to 
235  enforce the requirements of this subparagraph. 
236         7. The department may adopt rules to administer the child 
237  support enforcement provisions of this section that affect Title 
238  IV-D cases. 
239         (d)1. All child support orders shall provide the full name 
240  and date of birth of each minor child who is the subject of the 
241  child support order. 
242         2. If both parties request and the court finds that it is 
243  in the best interest of the child, support payments need not be 
244  subject to immediate income deduction. Support orders that are 
245  not subject to immediate income deduction may be directed 
246  through the depository under s. 61.181 or made payable directly 
247  to the obligee. Payments made by for all support orders that 
248  provide for immediate income deduction shall be made to the 
249  State Disbursement Unit. The court shall provide a copy of the 
250  order to the depository. 
251         3. For support orders payable directly to the obligee that 
252  do not provide for immediate income deduction, any party, or the 
253  department IV-D agency in a IV-D case, may subsequently file an 
254  affidavit with the depository State Disbursement Unit alleging a 
255  default in payment of child support and stating that the party 
256  wishes to require that payments be made through the depository 
257  State Disbursement Unit. The party shall provide copies of the 
258  affidavit to the court and to each other party. Fifteen days 
259  after receipt of the affidavit, the depository State 
260  Disbursement Unit shall notify all parties that future payments 
261  shall be paid through the depository, except that income 
262  deduction payments shall be made to the State Disbursement Unit. 
263         Section 2. Effective July 1, 2010, subsection (15) of 
264  section 61.30, Florida Statutes, is amended to read: 
265         61.30 Child support guidelines; retroactive child support.— 
266         (15) For purposes of establishing an obligation for support 
267  in accordance with this section, if a person who is receiving 
268  public assistance is found to be noncooperative as defined in s. 
269  409.2572, the department may IV-D agency is authorized to submit 
270  to the court an affidavit or written declaration signed under 
271  penalty of perjury as specified in s. 92.525(2) attesting to the 
272  income of that parent based upon information available to the 
273  department IV-D agency. 
274         Section 3. Subsection (2) of section 382.013, Florida 
275  Statutes, is amended to read: 
276         382.013 Birth registration.—A certificate for each live 
277  birth that occurs in this state shall be filed within 5 days 
278  after such birth with the local registrar of the district in 
279  which the birth occurred and shall be registered by the local 
280  registrar if the certificate has been completed and filed in 
281  accordance with this chapter and adopted rules. The information 
282  regarding registered births shall be used for comparison with 
283  information in the state case registry, as defined in chapter 
284  61. 
285         (2) PATERNITY.— 
286         (a) If the mother is married at the time of birth, the name 
287  of the husband shall be entered on the birth certificate as the 
288  father of the child, unless paternity has been determined 
289  otherwise by a court of competent jurisdiction. 
290         (b) Notwithstanding paragraph (a), if the husband of the 
291  mother dies while the mother is pregnant but before the birth of 
292  the child, the name of the deceased husband shall be entered on 
293  the birth certificate as the father of the child, unless 
294  paternity has been determined otherwise by a court of competent 
295  jurisdiction. 
296         (c) If the mother is not married at the time of the birth, 
297  the name of the father may not be entered on the birth 
298  certificate without the execution of an affidavit signed by both 
299  the mother and the person to be named as the father. The 
300  facility shall give notice orally or through the use of video or 
301  audio equipment, and in writing, of the alternatives to, the 
302  legal consequences of, and the rights, including, if one parent 
303  is a minor, any rights afforded due to minority status, and 
304  responsibilities that arise from signing an acknowledgment of 
305  paternity, as well as information provided by the Title IV-D 
306  agency established pursuant to s. 409.2557, regarding the 
307  benefits of voluntary establishment of paternity. Upon request 
308  of the mother and the person to be named as the father, the 
309  facility shall assist in the execution of the affidavit, a 
310  notarized voluntary acknowledgment of paternity, or a voluntary 
311  acknowledgment of paternity that is witnessed by two individuals 
312  and signed under penalty of perjury as specified by s. 
313  92.525(2). 
314         (d) If the paternity of the child is determined by a court 
315  of competent jurisdiction as provided under s. 382.015 or there 
316  is a final judgment of dissolution of marriage which requires 
317  the former husband to pay child support for the child, the name 
318  of the father and the surname of the child shall be entered on 
319  the certificate in accordance with the finding and order of the 
320  court. If the court fails to specify a surname for the child, 
321  the surname shall be entered in accordance with subsection (3). 
322         (e) If the paternity of the child is determined pursuant to 
323  s. 409.256, the name of the father and the surname of the child 
324  shall be entered on the certificate in accordance with the 
325  finding and order of the Department of Revenue. 
326         (f) If the mother and father marry each other at any time 
327  after the child’s birth, upon receipt of a marriage license that 
328  identifies any such child, the department shall amend the 
329  certificate with regard to the parents’ marital status as though 
330  the parents were married at the time of birth. 
331         (g)(f) If the father is not named on the certificate, no 
332  other information about the father shall be entered on the 
333  certificate. 
334         Section 4. Subsection (2) of section 382.015, Florida 
335  Statutes, is amended to read: 
336         382.015 New certificates of live birth; duty of clerks of 
337  court and department.—The clerk of the court in which any 
338  proceeding for adoption, annulment of an adoption, affirmation 
339  of parental status, or determination of paternity is to be 
340  registered, shall within 30 days after the final disposition, 
341  forward to the department a certified copy of the court order, 
342  or a report of the proceedings upon a form to be furnished by 
343  the department, together with sufficient information to identify 
344  the original birth certificate and to enable the preparation of 
345  a new birth certificate. The clerk of the court shall implement 
346  a monitoring and quality control plan to ensure that all 
347  judicial determinations of paternity are reported to the 
348  department in compliance with this section. The department shall 
349  track paternity determinations reported monthly by county, 
350  monitor compliance with the 30-day timeframe, and report the 
351  data to the clerks of the court quarterly. 
352         (2) DETERMINATION OF PATERNITY.—Upon receipt of the report, 
353  or a certified copy of a final decree of determination of 
354  paternity, or a certified copy of a final judgment of 
355  dissolution of marriage which requires the former husband to pay 
356  child support for the child, together with sufficient 
357  information to identify the original certificate of live birth, 
358  the department shall prepare and file a new birth certificate, 
359  which shall bear the same file number as the original birth 
360  certificate. The registrant’s name shall be entered as decreed 
361  by the court or as reflected in the final judgment or support 
362  order. The names and identifying information of the parents 
363  shall be entered as of the date of the registrant’s birth. 
364         Section 5. Paragraph (b) of subsection (1) of section 
365  382.016, Florida Statutes, is amended to read: 
366         382.016 Amendment of records.—The department, upon receipt 
367  of the fee prescribed in s. 382.0255; documentary evidence, as 
368  specified by rule, of any misstatement, error, or omission 
369  occurring in any birth, death, or fetal death record; and an 
370  affidavit setting forth the changes to be made, shall amend or 
371  replace the original certificate as necessary. 
372         (1) CERTIFICATE OF LIVE BIRTH AMENDMENT.— 
373         (b) Upon written request and receipt of an affidavit, a 
374  notarized voluntary acknowledgment of paternity signed by the 
375  mother and father acknowledging the paternity of a registrant 
376  born out of wedlock, or a voluntary acknowledgment of paternity 
377  that is witnessed by two individuals and signed under penalty of 
378  perjury as specified by s. 92.525(2), together with sufficient 
379  information to identify the original certificate of live birth, 
380  the department shall prepare a new birth certificate, which 
381  shall bear the same file number as the original birth 
382  certificate. The names and identifying information of the 
383  parents shall be entered as of the date of the registrant’s 
384  birth. The surname of the registrant may be changed from that 
385  shown on the original birth certificate at the request of the 
386  mother and father of the registrant, or the registrant if of 
387  legal age. If the mother and father marry each other at any time 
388  after the registrant’s birth, the department shall, upon receipt 
389  of a marriage license that identifies the registrant, or upon 
390  the request of the mother and father or registrant if of legal 
391  age and proof of the marriage, amend the certificate with regard 
392  to the parents’ marital status as though the parents were 
393  married at the time of birth. The department shall substitute 
394  the new certificate of birth for the original certificate on 
395  file. All copies of the original certificate of live birth in 
396  the custody of a local registrar or other state custodian of 
397  vital records shall be forwarded to the State Registrar. 
398  Thereafter, when a certified copy of the certificate of birth or 
399  portion thereof is issued, it shall be a copy of the new 
400  certificate of birth or portion thereof, except when a court 
401  order requires issuance of a certified copy of the original 
402  certificate of birth. Except for a birth certificate on which a 
403  father is listed pursuant to an affidavit, a notarized voluntary 
404  acknowledgment of paternity signed by the mother and father 
405  acknowledging the paternity of a registrant born out of wedlock, 
406  or a voluntary acknowledgment of paternity that is witnessed by 
407  two individuals and signed under penalty of perjury as specified 
408  by s. 92.525(2), the department shall place the original 
409  certificate of birth and all papers pertaining thereto under 
410  seal, not to be broken except by order of a court of competent 
411  jurisdiction or as otherwise provided by law. 
412         Section 6. Effective July 1, 2010, subsection (3) of 
413  section 409.2558, Florida Statutes, is amended to read: 
414         409.2558 Support distribution and disbursement.— 
415         (3) UNDISTRIBUTABLE COLLECTIONS.— 
416         (a) The department shall establish by rule the method for 
417  determining a collection or refund to be undistributable to the 
418  final intended recipient. Before determining a collection or 
419  refund to be undistributable, the department shall make 
420  reasonable efforts to locate persons to whom collections or 
421  refunds are owed so that payment can be made. Location efforts 
422  may include disclosure through a searchable database of the 
423  names of obligees, obligors, and depository account numbers on 
424  the Internet in compliance with the requirements of s. 
425  119.01(2)(a). 
426         (b) Collections that are determined to be undistributable 
427  shall be processed in the following order of priority: 
428         1. Apply the payment to any financial liability incurred by 
429  the obligor as a result of a previous payment returned to the 
430  department for insufficient funds; then 
431         2. Apply the payment to any financial liability incurred by 
432  the obligor as a result of an overpayment to the obligor which 
433  the obligor has failed to return to the department after notice; 
434  then 
435         3. Apply the payment to any financial liability incurred by 
436  the obligee as a result of an overpayment to the obligee which 
437  the obligee has failed to return to the department after notice; 
438  then 
439         4.1. Apply the payment to any assigned arrears on the 
440  obligee’s case; then 
441         5.2. Apply the payment to any administrative costs ordered 
442  by the court pursuant to s. 409.2567 associated with the 
443  obligee’s case; then 
444         6.3. When the obligor is subject to a valid order to 
445  support another child in a case with a different obligee and the 
446  obligation is being enforced by the department, the department 
447  shall send by certified mail, restricted delivery, return 
448  receipt requested, to the obligor at the most recent address 
449  provided by the obligor to the tribunal that issued the order, a 
450  notice stating the department’s intention to apply the payment 
451  pursuant to this subparagraph, and advising the obligor of the 
452  right to contest the department’s proposed action in the circuit 
453  court by filing and serving a petition on the department within 
454  30 days after the mailing of the notice. If the obligor does not 
455  file and serve a petition within the 30 days after mailing of 
456  the notice, or upon a disposition of the judicial action 
457  favorable to the department, the department shall apply the 
458  payment toward his or her other support obligation. If there is 
459  more than one such other case, the department shall allocate the 
460  remaining undistributable amount as specified by s. 
461  61.1301(4)(c); then 
462         7.4. Return the payment to the obligor; then 
463         8.5. If the obligor cannot be located after diligent 
464  efforts by the department, the federal share of the payment 
465  shall be credited to the Federal Government and the state share 
466  shall be transferred to the General Revenue Fund. 
467         (c) Refunds to obligors that are determined to be 
468  undistributable shall be processed in the following manner: 
469         1. The federal share of the refund shall be sent to the 
470  Federal Government. 
471         2. The state share shall be credited to the General Revenue 
472  Fund. 
473         (d) If a payment of less than $1 is made by a paper check 
474  on an open Title IV-D case and the payment is not cashed after 
475  180 days, or if less than $1 is owed on a closed Title IV-D 
476  case, the department shall declare the payment as program 
477  income, crediting the federal share of the payment to the 
478  Federal Government and the state share of the payment to the 
479  General Revenue Fund, without attempting to locate either party. 
480         Section 7. Section 409.256, Florida Statutes, is amended to 
481  read: 
482         409.256 Administrative proceeding to establish paternity or 
483  paternity and child support; order to appear for genetic 
484  testing.— 
485         (1) DEFINITIONS.—As used in this section, the term: 
486         (a) “Another state” or “other state” means a state of the 
487  United States, the District of Columbia, Puerto Rico, the United 
488  States Virgin Islands, or any territory or insular possession 
489  subject to the jurisdiction of the United States. The term 
490  includes: 
491         1. An Indian tribe. 
492         2. A foreign jurisdiction that has enacted a law or 
493  established procedures for issuance and enforcement of support 
494  orders which are substantially similar to the procedures under 
495  this act, the Uniform Reciprocal Enforcement of Support Act, or 
496  the Revised Uniform Reciprocal Enforcement of Support Act, as 
497  determined by the Attorney General. 
498         (b) “Caregiver” “Custodian” means a person, other than the 
499  mother, father, or a putative father, who has physical custody 
500  of a child or with whom the child primarily resides. References 
501  in this section to the obligation of a caregiver custodian to 
502  submit to genetic testing mean that the caregiver custodian is 
503  obligated to submit the child for genetic testing, not that the 
504  caregiver custodian must submit to genetic testing. 
505         (c) “Filed” means a document has been received and accepted 
506  for filing at the offices of the Department of Revenue by the 
507  clerk or an authorized deputy clerk designated by the 
508  department. 
509         (d) “Genetic testing” means a scientific analysis of 
510  genetic markers which that is performed by a qualified technical 
511  laboratory only to exclude an individual as the parent of a 
512  child or to show a probability of paternity. 
513         (e) “Paternity and child support proceeding” means an 
514  administrative action commenced by the Department of Revenue to 
515  order genetic testing, establish paternity, and establish an 
516  administrative support order pursuant to this section. 
517         (f) “Paternity proceeding” means an administrative action 
518  commenced by the Department of Revenue to order genetic testing 
519  and establish paternity pursuant to this section. 
520         (g) “Putative father” means an individual who is or may be 
521  the biological father of a child whose paternity has not been 
522  established and whose mother was unmarried when the child was 
523  conceived and born. 
524         (h) “Qualified technical laboratory” means a genetic 
525  testing laboratory that may be under contract with the 
526  Department of Revenue, that uses tests and methods of a type 
527  generally acknowledged as reliable by accreditation 
528  organizations recognized by the United States Department of 
529  Health and Human Services, and that is approved by such an 
530  accreditation organization. The term includes a genetic-testing 
531  laboratory used by another state, if the laboratory has 
532  comparable qualifications. 
533         (i) “Rendered” means that a signed written order is filed 
534  with the clerk or a deputy clerk of the Department of Revenue 
535  and served on the respondent. The date of filing must be 
536  indicated on the face of the order at the time of rendition. 
537         (j) “Respondent” means the person or persons served by the 
538  Department of Revenue with a notice of proceeding pursuant to 
539  subsection (4). The term includes the putative father and may 
540  include the mother or the caregiver custodian of the child. 
541         (k) “This state” or “the state” means the State of Florida. 
542         (2) JURISDICTION; LOCATION OF HEARINGS; RIGHT OF ACCESS TO 
543  THE COURTS.— 
544         (a) The department of Revenue may commence a paternity 
545  proceeding or a paternity and child support proceeding as 
546  provided in subsection (4) if: 
547         1. The child’s paternity has not been established. 
548         2. No one is named as the father on the child’s birth 
549  certificate or the person named as the father is the putative 
550  father named in an affidavit or a written declaration as 
551  provided in subparagraph 5. 
552         3. The child’s mother was unmarried when the child was 
553  conceived and born. 
554         4. The department of Revenue is providing services under 
555  Title IV-D. 
556         5. The child’s mother or a putative father has stated in an 
557  affidavit, or in a written declaration as provided in s. 
558  92.525(2), that the putative father is or may be the child’s 
559  biological father. The affidavit or written declaration must set 
560  forth the factual basis for the allegation of paternity as 
561  provided in s. 742.12(2). 
562         (b) If the department of Revenue receives a request from 
563  another state to assist in the establishment of paternity, the 
564  department may serve an order to appear for genetic testing on a 
565  person who resides in this state and transmit the test results 
566  to the other state without commencing a paternity proceeding in 
567  this state. 
568         (c) The department of Revenue may use the procedures 
569  authorized by this section against a nonresident over whom this 
570  state may assert personal jurisdiction under chapter 48 or 
571  chapter 88. 
572         (d) If a putative father, mother, or caregiver custodian in 
573  a Title IV-D case voluntarily submits to genetic testing, the 
574  department of Revenue may schedule that individual or the child 
575  for genetic testing without serving that individual with an 
576  order to appear for genetic testing. A respondent or other 
577  person who is subject to an order to appear for genetic testing 
578  may waive, in writing or on the record at an administrative 
579  hearing, formal service of notices or orders or waive any other 
580  rights or time periods prescribed by this section. 
581         (e) Whenever practicable, hearings held by the Division of 
582  Administrative Hearings pursuant to this section shall be held 
583  in the judicial circuit where the person receiving services 
584  under Title IV-D resides or, if the person receiving services 
585  under Title IV-D does not reside in this state, in the judicial 
586  circuit where the respondent resides. If the department of 
587  Revenue and the respondent agree, the hearing may be held in 
588  another location. If ordered by the administrative law judge, 
589  the hearing may be conducted telephonically or by 
590  videoconference. 
591         (f) The Legislature does not intend to limit the 
592  jurisdiction of the circuit courts to hear and determine issues 
593  regarding establishment of paternity. This section is intended 
594  to provide the department of Revenue with an alternative 
595  procedure for establishing paternity and child support 
596  obligations in Title IV-D cases. This section does not prohibit 
597  a person who has standing from filing a civil action in circuit 
598  court for a determination of paternity or of child support 
599  obligations. 
600         (g) Section 409.2563(2)(e), (f), and (g) apply to a 
601  proceeding under this section. 
602         (3) MULTIPLE PUTATIVE FATHERS; MULTIPLE CHILDREN.—If more 
603  than one putative father has been named, the department of 
604  Revenue may proceed under this section against a single putative 
605  father or may proceed simultaneously against more than one 
606  putative father. If a putative father has been named as a 
607  possible father of more than one child born to the same mother, 
608  the department may proceed to establish the paternity of each 
609  child in the same proceeding. 
610         (4) NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR 
611  PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC 
612  TESTING; MANNER OF SERVICE; CONTENTS.—The Department of Revenue 
613  shall commence a proceeding to determine paternity, or a 
614  proceeding to determine both paternity and child support, by 
615  serving the respondent with a notice as provided in this 
616  section. An order to appear for genetic testing may be served at 
617  the same time as a notice of the proceeding or may be served 
618  separately. A copy of the affidavit or written declaration upon 
619  which the proceeding is based shall be provided to the 
620  respondent when notice is served. A notice or order to appear 
621  for genetic testing shall be served by certified mail, 
622  restricted delivery, return receipt requested, or in accordance 
623  with the requirements for service of process in a civil action. 
624  Service by certified mail is completed when the certified mail 
625  is received or refused by the addressee or by an authorized 
626  agent as designated by the addressee in writing. If a person 
627  other than the addressee signs the return receipt, the 
628  department shall attempt to reach the addressee by telephone to 
629  confirm whether the notice was received, and the department 
630  shall document any telephonic communications. If someone other 
631  than the addressee signs the return receipt, the addressee does 
632  not respond to the notice, and the department is unable to 
633  confirm that the addressee has received the notice, service is 
634  not completed and the department shall attempt to have the 
635  addressee served personally. For purposes of this section, an 
636  employee or an authorized agent of the department may serve the 
637  notice or order to appear for genetic testing and execute an 
638  affidavit of service. The department may serve an order to 
639  appear for genetic testing on a caregiver custodian. The 
640  department shall provide a copy of the notice or order to appear 
641  by regular mail to the mother and caregiver custodian, if they 
642  are not respondents. 
643         (a) A notice of proceeding to establish paternity must 
644  state: 
645         1. That the department has commenced an administrative 
646  proceeding to establish whether the putative father is the 
647  biological father of the child named in the notice. 
648         2. The name and date of birth of the child and the name of 
649  the child’s mother. 
650         3. That the putative father has been named in an affidavit 
651  or written declaration that states the putative father is or may 
652  be the child’s biological father. 
653         4. That the respondent is required to submit to genetic 
654  testing. 
655         5. That genetic testing will establish either a high degree 
656  of probability that the putative father is the biological father 
657  of the child or that the putative father cannot be the 
658  biological father of the child. 
659         6. That if the results of the genetic test do not indicate 
660  a statistical probability of paternity that equals or exceeds 99 
661  percent, the paternity proceeding in connection with that child 
662  shall cease unless a second or subsequent test is required. 
663         7. That if the results of the genetic test indicate a 
664  statistical probability of paternity that equals or exceeds 99 
665  percent, the department may: 
666         a. Issue a proposed order of paternity that the respondent 
667  may consent to or contest at an administrative hearing; or 
668         b. Commence a proceeding, as provided in s. 409.2563, to 
669  establish an administrative support order for the child. Notice 
670  of the proceeding shall be provided to the respondent by regular 
671  mail. 
672         8. That, if the genetic test results indicate a statistical 
673  probability of paternity that equals or exceeds 99 percent and a 
674  proceeding to establish an administrative support order is 
675  commenced, the department shall issue a proposed order that 
676  addresses paternity and child support. The respondent may 
677  consent to or contest the proposed order at an administrative 
678  hearing. 
679         9. That if a proposed order of paternity or proposed order 
680  of both paternity and child support is not contested, the 
681  department shall adopt the proposed order and render a final 
682  order that establishes paternity and, if appropriate, an 
683  administrative support order for the child. 
684         10. That, until the proceeding is ended, the respondent 
685  shall notify the department in writing of any change in the 
686  respondent’s mailing address and that the respondent shall be 
687  deemed to have received any subsequent order, notice, or other 
688  paper mailed to the most recent address provided or, if a more 
689  recent address is not provided, to the address at which the 
690  respondent was served, and that this requirement continues if 
691  the department renders a final order that establishes paternity 
692  and a support order for the child. 
693         11. That the respondent may file an action in circuit court 
694  for a determination of paternity, child support obligations, or 
695  both. 
696         12. That if the respondent files an action in circuit court 
697  and serves the department with a copy of the petition or 
698  complaint within 20 days after being served notice under this 
699  subsection, the administrative process ends without prejudice 
700  and the action must proceed in circuit court. 
701         13. That, if paternity is established, the putative father 
702  may file a petition in circuit court for a determination of 
703  matters relating to custody and rights of parental contact. 
704 
705  A notice under this paragraph must also notify the respondent of 
706  the provisions in s. 409.2563(4)(m) and (o). 
707         (b) A notice of proceeding to establish paternity and child 
708  support must state the requirements of paragraph (a), except for 
709  subparagraph (a)7., and must state the requirements of s. 
710  409.2563(4), to the extent that the requirements of s. 
711  409.2563(4) are not already required by and do not conflict with 
712  this subsection. This section and s. 409.2563 apply to a 
713  proceeding commenced under this subsection. 
714         (c) The order to appear for genetic testing shall inform 
715  the person ordered to appear: 
716         1. That the department has commenced an administrative 
717  proceeding to establish whether the putative father is the 
718  biological father of the child. 
719         2. The name and date of birth of the child and the name of 
720  the child’s mother. 
721         3. That the putative father has been named in an affidavit 
722  or written declaration that states the putative father is or may 
723  be the child’s biological father. 
724         4. The date, time, and place that the person ordered to 
725  appear must appear to provide a sample for genetic testing. 
726         5. That if the person has custody of the child whose 
727  paternity is the subject of the proceeding, the person must 
728  submit the child for genetic testing. 
729         6. That when the samples are provided, the person ordered 
730  to appear shall verify his or her identity and the identity of 
731  the child, if applicable, by presenting a form of identification 
732  as prescribed by s. 117.05(5)(b)2. which that bears the 
733  photograph of the person who is providing the sample or other 
734  form of verification approved by the department. 
735         7. That if the person ordered to appear submits to genetic 
736  testing, the department shall pay the cost of the genetic 
737  testing and shall provide the person ordered to appear with a 
738  copy of any test results obtained. 
739         8. That if the person ordered to appear does not appear as 
740  ordered or refuses to submit to genetic testing without good 
741  cause, the department may take one or more of the following 
742  actions: 
743         a. Commence proceedings to suspend the driver’s license and 
744  motor vehicle registration of the person ordered to appear, as 
745  provided in s. 61.13016; 
746         b. Impose an administrative fine against the person ordered 
747  to appear in the amount of $500; or 
748         c. File a petition in circuit court to establish paternity 
749  and obtain a support order for the child and an order for costs 
750  against the person ordered to appear, including costs for 
751  genetic testing. 
752         9. That the person ordered to appear may contest the order 
753  by filing a written request for informal review within 15 days 
754  after the date of service of the order, with further rights to 
755  an administrative hearing following the informal review. 
756         (d) If the putative father is incarcerated, the 
757  correctional facility shall assist the putative father in 
758  complying with an administrative order to appear for genetic 
759  testing issued under this section. 
760         (e) An administrative order to appear for genetic testing 
761  has the same force and effect as a court order. 
762         (5) RIGHT TO CONTEST ORDER TO APPEAR FOR GENETIC TESTING.— 
763         (a) The person ordered to appear may contest an order to 
764  appear for genetic testing by filing a written request for 
765  informal review with the department of Revenue within 15 days 
766  after the date of service of the order. The purpose of the 
767  informal review is to provide the person ordered to appear with 
768  an opportunity to discuss the proceedings and the basis of the 
769  order. At the conclusion of the informal review, the department 
770  shall notify the person ordered to appear, in writing, whether 
771  it intends to proceed with the order to appear. If the 
772  department notifies the person ordered to appear of its intent 
773  to proceed, the notice must inform the person ordered to appear 
774  of the right to contest the order at an administrative hearing. 
775         (b) Following an informal review, within 15 days after the 
776  mailing date of the department’s Department of Revenue’s 
777  notification that the department shall proceed with an order to 
778  appear for genetic testing, the person ordered to appear may 
779  file a request for an administrative hearing to contest whether 
780  the person should be required to submit to genetic testing. A 
781  request for an administrative hearing must state the specific 
782  reasons why the person ordered to appear believes he or she 
783  should not be required to submit to genetic testing as ordered. 
784  If the person ordered to appear files a timely request for a 
785  hearing, the department shall refer the hearing request to the 
786  Division of Administrative Hearings. Unless otherwise provided 
787  in this section, administrative hearings are governed by chapter 
788  120 and the uniform rules of procedure. The administrative law 
789  judge assigned to the case shall issue an order as to whether 
790  the person must submit to genetic testing in accordance with the 
791  order to appear. The department or the person ordered to appear 
792  may seek immediate judicial review under s. 120.68 of an order 
793  issued by an administrative law judge pursuant to this 
794  paragraph. 
795         (c) If a timely request for an informal review or an 
796  administrative hearing is filed, the department may not proceed 
797  under the order to appear for genetic testing and may not impose 
798  sanctions for failure or refusal to submit to genetic testing 
799  until: 
800         1. The department has notified the person of its intent to 
801  proceed after informal review, and a timely request for hearing 
802  is not filed; 
803         2. The person ordered to appear withdraws the request for 
804  hearing or informal review; or 
805         3. The Division of Administrative Hearings issues an order 
806  that the person must submit to genetic testing, or issues an 
807  order closing the division’s file, and that an order has become 
808  final. 
809         (d) If a request for an informal review or administrative 
810  hearing is not timely filed, the person ordered to appear is 
811  deemed to have waived the right to a hearing, and the department 
812  may proceed under the order to appear for genetic testing. 
813         (6) SCHEDULING OF GENETIC TESTING.— 
814         (a) The department of Revenue shall notify, in writing, the 
815  person ordered to appear of the date, time, and location of the 
816  appointment for genetic testing and of the requirement to verify 
817  his or her identity and the identity of the child, if 
818  applicable, when the samples are provided by presenting a form 
819  of identification as prescribed in s. 117.05(5)(b)2. which that 
820  bears the photograph of the person who is providing the sample 
821  or other form of verification approved by the department. If the 
822  person ordered to appear is the putative father or the mother, 
823  that person shall appear and submit to genetic testing. If the 
824  person ordered to appear is a caregiver custodian, or if the 
825  putative father or the mother has custody of the child, that 
826  person must submit the child for genetic testing. 
827         (b) The department shall reschedule genetic testing: 
828         1. One time without cause if, in advance of the initial 
829  test date, the person ordered to appear requests the department 
830  to reschedule the test. 
831         2. One time if the person ordered to appear shows good 
832  cause for failure to appear for a scheduled test. 
833         3. One time upon request of a person ordered to appear 
834  against whom sanctions have been imposed as provided in 
835  subsection (7). 
836 
837  A claim of good cause for failure to appear shall be filed with 
838  the department within 10 days after the scheduled test date and 
839  must state the facts and circumstances supporting the claim. The 
840  department shall notify the person ordered to appear, in 
841  writing, whether it accepts or rejects the person’s claim of 
842  good cause. There is not a separate right to a hearing on the 
843  department’s decision to accept or reject the claim of good 
844  cause because the person ordered to appear may raise good cause 
845  as a defense to any proceeding initiated by the department under 
846  subsection (7). 
847         (c) A person ordered to appear may obtain a second genetic 
848  test by filing a written request for a second test with the 
849  department within 15 days after the date of mailing of the 
850  initial genetic testing results and by paying the department in 
851  advance for the full cost of the second test. 
852         (d) The department may schedule and require a subsequent 
853  genetic test if it has reason to believe the results of the 
854  preceding genetic test may not be reliable. 
855         (e) Except as provided in paragraph (c) and subsection (7), 
856  the department shall pay for the cost of genetic testing ordered 
857  under this section. 
858         (7) FAILURE OR REFUSAL TO SUBMIT TO GENETIC TESTING.—If a 
859  person who is served with an order to appear for genetic testing 
860  fails to appear without good cause or refuses to submit to 
861  testing without good cause, the department may take one or more 
862  of the following actions: 
863         (a) Commence a proceeding to suspend the driver’s license 
864  and motor vehicle registration of the person ordered to appear, 
865  as provided in s. 61.13016; 
866         (b) Impose an administrative fine against the person 
867  ordered to appear in the amount of $500; or 
868         (c) File a petition in circuit court to establish 
869  paternity, obtain a support order for the child, and seek 
870  reimbursement from the person ordered to appear for the full 
871  cost of genetic testing incurred by the department. 
872 
873  As provided in s. 322.058(2), a suspended driver’s license and 
874  motor vehicle registration may be reinstated when the person 
875  ordered to appear complies with the order to appear for genetic 
876  testing. The department may collect an administrative fine 
877  imposed under this subsection by using civil remedies or other 
878  statutory means available to the department for collecting 
879  support. 
880         (8) GENETIC-TESTING RESULTS.—The department shall send a 
881  copy of the genetic-testing results to the putative father, to 
882  the mother, to the caregiver custodian, and to the other state, 
883  if applicable. If the genetic-testing results, including second 
884  or subsequent genetic-testing results, do not indicate a 
885  statistical probability of paternity that equals or exceeds 99 
886  percent, the paternity proceeding in connection with that child 
887  shall cease. 
888         (9) PROPOSED ORDER OF PATERNITY; COMMENCEMENT OF PROCEEDING 
889  TO ESTABLISH ADMINISTRATIVE SUPPORT ORDER; PROPOSED ORDER OF 
890  PATERNITY AND CHILD SUPPORT.— 
891         (a) If a paternity proceeding has been commenced under this 
892  section and the results of genetic testing indicate a 
893  statistical probability of paternity that equals or exceeds 99 
894  percent, the department of Revenue may: 
895         1. Issue a proposed order of paternity as provided in 
896  paragraph (b); or 
897         2. If appropriate, delay issuing a proposed order of 
898  paternity and commence, by regular mail, an administrative 
899  proceeding to establish a support order for the child pursuant 
900  to s. 409.2563 and issue a single proposed order that addresses 
901  paternity and child support. 
902         (b) A proposed order of paternity must: 
903         1. State proposed findings of fact and conclusions of law. 
904         2. Include a copy of the results of genetic testing. 
905         3. Include notice of the respondent’s right to informal 
906  review and to contest the proposed order of paternity at an 
907  administrative hearing. 
908         (c) If a paternity and child support proceeding has been 
909  commenced under this section and the results of genetic testing 
910  indicate a statistical probability of paternity that equals or 
911  exceeds 99 percent, the department of Revenue may issue a single 
912  proposed order that addresses paternity as provided in this 
913  section and child support as provided in s. 409.2563. 
914         (d) The department of Revenue shall serve a proposed order 
915  issued under this section on the respondent by regular mail and 
916  shall provide a copy by regular mail to the mother or caregiver 
917  custodian if they are not respondents. 
918         (10) INFORMAL REVIEW; ADMINISTRATIVE HEARING; PRESUMPTION 
919  OF PATERNITY.— 
920         (a) Within 10 days after the date of mailing or other 
921  service of a proposed order of paternity, the respondent may 
922  contact a representative of the department of Revenue at the 
923  address or telephone number provided to request an informal 
924  review of the proposed order. If an informal review is timely 
925  requested, the time for requesting a hearing is extended until 
926  10 days after the department mails notice to the respondent that 
927  the informal review has been concluded. 
928         (b) Within 20 days after the mailing date of the proposed 
929  order or within 10 days after the mailing date of notice that an 
930  informal review has been concluded, whichever is later, the 
931  respondent may request an administrative hearing by filing a 
932  written request for a hearing with the department of Revenue. A 
933  request for a hearing must state the specific objections to the 
934  proposed order, the specific objections to the genetic testing 
935  results, or both. A respondent who fails to file a timely 
936  request for a hearing is deemed to have waived the right to a 
937  hearing. 
938         (c) If the respondent files a timely request for a hearing, 
939  the department of Revenue shall refer the hearing request to the 
940  Division of Administrative Hearings. Unless otherwise provided 
941  in this section or in s. 409.2563, chapter 120 and the uniform 
942  rules of procedure govern the conduct of the proceedings. 
943         (d) The genetic-testing results shall be admitted into 
944  evidence and made a part of the hearing record. For purposes of 
945  this section, a statistical probability of paternity that equals 
946  or exceeds 99 percent creates a presumption, as defined in s. 
947  90.304, that the putative father is the biological father of the 
948  child. The presumption may be overcome only by clear and 
949  convincing evidence. The respondent or the department of Revenue 
950  may call an expert witness to refute or support the testing 
951  procedure or results or the mathematical theory on which they 
952  are based. Verified documentation of the chain of custody of the 
953  samples tested is competent evidence to establish the chain of 
954  custody. 
955         (11) FINAL ORDER ESTABLISHING PATERNITY OR PATERNITY AND 
956  CHILD SUPPORT; CONSENT ORDER; NOTICE TO OFFICE OF VITAL 
957  STATISTICS.— 
958         (a) If a hearing is held, the administrative law judge of 
959  the Division of Administrative Hearings shall issue a final 
960  order that adjudicates paternity or, if appropriate, paternity 
961  and child support. A final order of the administrative law judge 
962  constitutes final agency action by the Department of Revenue. 
963  The Division of Administrative Hearings shall transmit any such 
964  order to the department for filing and rendering. 
965         (b) If the respondent does not file a timely request for a 
966  hearing or consents in writing to entry of a final order without 
967  a hearing, the department of Revenue may render a final order of 
968  paternity or a final order of paternity and child support, as 
969  appropriate. 
970         (c) The department of Revenue shall mail a copy of the 
971  final order to the putative father, the mother, and the 
972  caregiver custodian, if any. The department shall notify the 
973  respondent of the right to seek judicial review of a final order 
974  in accordance with s. 120.68. 
975         (d) Upon rendering a final order of paternity or a final 
976  order of paternity and child support, the department of Revenue 
977  shall notify the Division of Vital Statistics of the Department 
978  of Health that the paternity of the child has been established. 
979         (e) A final order rendered pursuant to this section has the 
980  same effect as a judgment entered by the court pursuant to 
981  chapter 742. 
982         (f) The provisions of s. 409.2563 which that apply to a 
983  final administrative support order rendered under that section 
984  apply to a final order rendered under this section when a child 
985  support obligation is established. 
986         (12) RIGHT TO JUDICIAL REVIEW.—A respondent has the right 
987  to seek judicial review, in accordance with s. 120.68, of a 
988  final order rendered under subsection (11) and an order issued 
989  under paragraph (5)(b). The department of Revenue has the right 
990  to seek judicial review, in accordance with s. 120.68, of a 
991  final order issued by an administrative law judge under 
992  subsection (11) and an order issued by an administrative law 
993  judge under paragraph (5)(b). 
994         (13) DUTY TO PROVIDE AND MAINTAIN CURRENT MAILING ADDRESS. 
995  Until a proceeding that has been commenced under this section 
996  has ended, a respondent who is served with a notice of 
997  proceeding must inform the department of Revenue in writing of 
998  any change in the respondent’s mailing address and is deemed to 
999  have received any subsequent order, notice, or other paper 
1000  mailed to that address, or the address at which the respondent 
1001  was served, if the respondent has not provided a more recent 
1002  address. 
1003         (14) PROCEEDINGS IN CIRCUIT COURT.—The results of genetic 
1004  testing performed pursuant to this section are admissible as 
1005  evidence to the same extent as scientific testing ordered by the 
1006  court pursuant to chapter 742. 
1007         (15) GENDER NEUTRAL.—This section shall be construed 
1008  impartially, regardless of a person’s gender, and applies with 
1009  equal force to the mother of a child whose paternity has not 
1010  been established and is not presumed by law. 
1011         (16) REMEDIES SUPPLEMENTAL.—The remedies provided in this 
1012  section are supplemental and in addition to other remedies 
1013  available to the department for the establishment of paternity 
1014  and child support obligations. 
1015         (17) RULEMAKING AUTHORITY.—The department may adopt rules 
1016  to implement this section. 
1017         Section 8. Paragraph (b) of subsection (1), paragraph (d) 
1018  of subsection (2), subsection (4), paragraphs (a) and (b) of 
1019  subsection (5), and subsections (6), (7), and (13) of section 
1020  409.2563, Florida Statutes, are amended to read: 
1021         409.2563 Administrative establishment of child support 
1022  obligations.— 
1023         (1) DEFINITIONS.—As used in this section, the term: 
1024         (b) “Caregiver” means a person, other than the mother, 
1025  father, or putative father, who has physical custody of the 
1026  child or with whom the child primarily resides. “Caretaker 
1027  relative” has the same meaning ascribed in s. 414.0252(11). 
1028 
1029  Other terms used in this section have the meanings ascribed in 
1030  ss. 61.046 and 409.2554. 
1031         (2) PURPOSE AND SCOPE.— 
1032         (d) Either parent, or a caregiver caretaker relative if 
1033  applicable, may at any time file a civil action in a circuit 
1034  court having jurisdiction and proper venue to determine parental 
1035  support obligations, if any. A support order issued by a circuit 
1036  court prospectively supersedes an administrative support order 
1037  rendered by the department. 
1038         (4) NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE 
1039  SUPPORT ORDER.—To commence a proceeding under this section, the 
1040  department shall provide to the parent from whom support is not 
1041  being sought and serve the parent from whom support is being 
1042  sought with a notice of proceeding to establish administrative 
1043  support order and a blank financial affidavit form. The notice 
1044  must state: 
1045         (a) The names of both parents, the name of the caregiver 
1046  caretaker relative, if any, and the name and date of birth of 
1047  the child or children; 
1048         (b) That the department intends to establish an 
1049  administrative support order as defined in this section; 
1050         (c) That both parents must submit a completed financial 
1051  affidavit to the department within 20 days after receiving the 
1052  notice, as provided by paragraph (13)(a); 
1053         (d) That both parents, or parent and caregiver caretaker 
1054  relative if applicable, are required to furnish to the 
1055  department information regarding their identities and locations, 
1056  as provided by paragraph (13)(b); 
1057         (e) That both parents, or parent and caregiver caretaker 
1058  relative if applicable, are required to promptly notify the 
1059  department of any change in their mailing addresses to ensure 
1060  receipt of all subsequent pleadings, notices, and orders, as 
1061  provided by paragraph (13)(c); 
1062         (f) That the department will calculate support obligations 
1063  based on the child support guidelines schedule in s. 61.30 and 
1064  using all available information, as provided by paragraph 
1065  (5)(a), and will incorporate such obligations into a proposed 
1066  administrative support order; 
1067         (g) That the department will send by regular mail to both 
1068  parents, or parent and caregiver caretaker relative if 
1069  applicable, a copy of the proposed administrative support order, 
1070  the department’s child support worksheet, and any financial 
1071  affidavits submitted by a parent or prepared by the department; 
1072         (h) That the parent from whom support is being sought may 
1073  file a request for a hearing in writing within 20 days after the 
1074  date of mailing or other service of the proposed administrative 
1075  support order or will be deemed to have waived the right to 
1076  request a hearing; 
1077         (i) That if the parent from whom support is being sought 
1078  does not file a timely request for hearing after service of the 
1079  proposed administrative support order, the department will issue 
1080  an administrative support order that incorporates the findings 
1081  of the proposed administrative support order, and will send by 
1082  regular mail a copy of the administrative support order to both 
1083  parents, or parent and caregiver caretaker relative if 
1084  applicable; 
1085         (j) That after an administrative support order is rendered, 
1086  the department will file a copy of the order with the clerk of 
1087  the circuit court; 
1088         (k) That after an administrative support order is rendered, 
1089  the department may enforce the administrative support order by 
1090  any lawful means; 
1091         (l) That either parent, or caregiver caretaker relative if 
1092  applicable, may file at any time a civil action in a circuit 
1093  court having jurisdiction and proper venue to determine parental 
1094  support obligations, if any, and that a support order issued by 
1095  a circuit court supersedes an administrative support order 
1096  rendered by the department; 
1097         (m) That, neither the department nor the Division of 
1098  Administrative Hearings has jurisdiction to award or change 
1099  child custody or rights of parental contact or time-sharing, and 
1100  these issues may only be addressed only in circuit court. 
1101         1. The parent from whom support is being sought may request 
1102  in writing that the department proceed in circuit court to 
1103  determine his or her support obligations. 
1104         2. The parent from whom support is being sought may state 
1105  in writing to the department his or her intention to address 
1106  issues concerning custody or rights to parental contact in 
1107  circuit court. 
1108         3. If the parent from whom support is being sought submits 
1109  the request authorized in subparagraph 1., or the statement 
1110  authorized in subparagraph 2. to the department within 20 days 
1111  after the receipt of the initial notice, the department shall 
1112  file a petition in circuit court for the determination of the 
1113  parent’s child support obligations, and shall send to the parent 
1114  from whom support is being sought a copy of its petition, a 
1115  notice of commencement of action, and a request for waiver of 
1116  service of process as provided in the Florida Rules of Civil 
1117  Procedure. 
1118         4. If, within 10 days after receipt of the department’s 
1119  petition and waiver of service, the parent from whom support is 
1120  being sought signs and returns the waiver of service form to the 
1121  department, the department shall terminate the administrative 
1122  proceeding without prejudice and proceed in circuit court. 
1123         5. In any circuit court action filed by the department 
1124  pursuant to this paragraph or filed by a parent from whom 
1125  support is being sought or other person pursuant to paragraph 
1126  (l) or paragraph (n), the department shall be a party only with 
1127  respect to those issues of support allowed and reimbursable 
1128  under Title IV-D of the Social Security Act. It is the 
1129  responsibility of the parent from whom support is being sought 
1130  or other person to take the necessary steps to present other 
1131  issues for the court to consider. 
1132         (n) That if the parent from whom support is being sought 
1133  files an action in circuit court and serves the department with 
1134  a copy of the petition within 20 days after being served notice 
1135  under this subsection, the administrative process ends without 
1136  prejudice and the action must proceed in circuit court; 
1137         (o) Information provided by the Office of State Courts 
1138  Administrator concerning the availability and location of self 
1139  help programs for those who wish to file an action in circuit 
1140  court but who cannot afford an attorney. 
1141 
1142  The department may serve the notice of proceeding to establish 
1143  administrative support order by certified mail, restricted 
1144  delivery, return receipt requested. Alternatively, the 
1145  department may serve the notice by any means permitted for 
1146  service of process in a civil action. For purposes of this 
1147  section, an authorized employee of the department may serve the 
1148  notice and execute an affidavit of service. Service by certified 
1149  mail is completed when the certified mail is received or refused 
1150  by the addressee or by an authorized agent as designated by the 
1151  addressee in writing. If a person other than the addressee signs 
1152  the return receipt, the department shall attempt to reach the 
1153  addressee by telephone to confirm whether the notice was 
1154  received, and the department shall document any telephonic 
1155  communications. If someone other than the addressee signs the 
1156  return receipt, the addressee does not respond to the notice, 
1157  and the department is unable to confirm that the addressee has 
1158  received the notice, service is not completed and the department 
1159  shall attempt to have the addressee served personally. The 
1160  department shall provide the parent from whom support is not 
1161  being sought or the caregiver caretaker relative with a copy of 
1162  the notice by regular mail to the last known address of the 
1163  parent from whom support is not being sought or caregiver 
1164  caretaker. 
1165         (5) PROPOSED ADMINISTRATIVE SUPPORT ORDER.— 
1166         (a) After serving notice upon a parent in accordance with 
1167  subsection (4), the department shall calculate that parent’s 
1168  child support obligation under the child support guidelines 
1169  schedule as provided by s. 61.30, based on any timely financial 
1170  affidavits received and other information available to the 
1171  department. If either parent fails to comply with the 
1172  requirement to furnish a financial affidavit, the department may 
1173  proceed on the basis of information available from any source, 
1174  if such information is sufficiently reliable and detailed to 
1175  allow calculation of guideline schedule amounts under s. 61.30. 
1176  If a parent receives public assistance and fails to submit a 
1177  financial affidavit, the department may submit a financial 
1178  affidavit or written declaration for that parent pursuant to s. 
1179  61.30(15). If there is a lack of sufficient reliable information 
1180  concerning a parent’s actual earnings for a current or past 
1181  period, it shall be presumed for the purpose of establishing a 
1182  support obligation that the parent had an earning capacity equal 
1183  to the federal minimum wage during the applicable period. 
1184         (b) The department shall send by regular mail to both 
1185  parents, or to a parent and caregiver caretaker relative if 
1186  applicable, copies of the proposed administrative support order, 
1187  its completed child support worksheet, and any financial 
1188  affidavits submitted by a parent or prepared by the department. 
1189  The proposed administrative support order must contain the same 
1190  elements as required for an administrative support order under 
1191  paragraph (7)(e). 
1192         (6) HEARING.—If the parent from whom support is being 
1193  sought files a timely request for hearing or the department 
1194  determines that an evidentiary hearing is appropriate, the 
1195  department shall refer the proceeding hearing request to the 
1196  Division of Administrative Hearings. Unless otherwise provided 
1197  by this section, chapter 120 and the Uniform Rules of Procedure 
1198  shall govern the conduct of the proceedings. The administrative 
1199  law judge shall consider all available and admissible 
1200  information and any presumptions that apply as provided by 
1201  paragraph (5)(a). 
1202         (7) ADMINISTRATIVE SUPPORT ORDER.— 
1203         (a) If a hearing is held, the administrative law judge of 
1204  the Division of Administrative Hearings shall issue an 
1205  administrative support order, or a final order denying an 
1206  administrative support order, which constitutes final agency 
1207  action by the department. The Division of Administrative 
1208  Hearings shall transmit any such order to the department for 
1209  filing and rendering. 
1210         (b) If the parent from whom support is being sought does 
1211  not file a timely request for a hearing, the parent will be 
1212  deemed to have waived the right to request a hearing. 
1213         (c) If the parent from whom support is being sought waives 
1214  the right to a hearing, or consents in writing to the entry of 
1215  an order without a hearing, the department may render an 
1216  administrative support order. 
1217         (d) The department shall send by regular mail a copy of the 
1218  administrative support order, or the final order denying an 
1219  administrative support order, to both parents, or a parent and 
1220  caregiver caretaker relative if applicable. The parent from whom 
1221  support is being sought shall be notified of the right to seek 
1222  judicial review of the administrative support order in 
1223  accordance with s. 120.68. 
1224         (e) An administrative support order must comply with ss. 
1225  61.13(1) and 61.30. The department shall develop a standard form 
1226  or forms for administrative support orders. An administrative 
1227  support order must provide and state findings, if applicable, 
1228  concerning: 
1229         1. The full name and date of birth of the child or 
1230  children; 
1231         2. The name of the parent from whom support is being sought 
1232  and the other parent or caregiver caretaker relative; 
1233         3. The parent’s duty and ability to provide support; 
1234         4. The amount of the parent’s monthly support obligation; 
1235         5. Any obligation to pay retroactive support; 
1236         6. The parent’s obligation to provide for the health care 
1237  needs of each child, whether through health insurance, 
1238  contribution toward towards the cost of health insurance, 
1239  payment or reimbursement of health care expenses for the child, 
1240  or any combination thereof; 
1241         7. The beginning date of any required monthly payments and 
1242  health insurance; 
1243         8. That all support payments ordered must be paid to the 
1244  Florida State Disbursement Unit as provided by s. 61.1824; 
1245         9. That the parents, or caregiver caretaker relative if 
1246  applicable, must file with the department when the 
1247  administrative support order is rendered, if they have not 
1248  already done so, and update as appropriate the information 
1249  required pursuant to paragraph (13)(b); 
1250         10. That both parents, or parent and caregiver caretaker 
1251  relative if applicable, are required to promptly notify the 
1252  department of any change in their mailing addresses pursuant to 
1253  paragraph (13)(c); and 
1254         11. That if the parent ordered to pay support receives 
1255  unemployment compensation benefits, the payor shall withhold, 
1256  and transmit to the department, 40 percent of the benefits for 
1257  payment of support, not to exceed the amount owed. 
1258 
1259  An income deduction order as provided by s. 61.1301 must be 
1260  incorporated into the administrative support order or, if not 
1261  incorporated into the administrative support order, the 
1262  department or the Division of Administrative Hearings shall 
1263  render a separate income deduction order. 
1264         (13) REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT TO 
1265  ADDRESS OF RECORD.—In all proceedings pursuant to this section: 
1266         (a) Each parent must execute and furnish to the department, 
1267  no later than 20 days after receipt of the notice of proceeding 
1268  to establish administrative support order, a financial affidavit 
1269  in the form prescribed by the department. An updated financial 
1270  affidavit must be executed and furnished to the department at 
1271  the inception of each proceeding to modify an administrative 
1272  support order. A caregiver is caretaker relatives are not 
1273  required to furnish a financial affidavit affidavits. 
1274         (b) Each parent and caregiver, caretaker relative if 
1275  applicable, shall disclose to the department, no later than 20 
1276  days after receipt of the notice of proceeding to establish 
1277  administrative support order, and update as appropriate, 
1278  information regarding his or her identity and location, 
1279  including names he or she is known by; social security number; 
1280  residential and mailing addresses; telephone numbers; driver’s 
1281  license numbers; and names, addresses, and telephone numbers of 
1282  employers. Pursuant to the federal Personal Responsibility and 
1283  Work Opportunity Reconciliation Act of 1996, each person must 
1284  provide his or her social security number in accordance with 
1285  this section. Disclosure of social security numbers obtained 
1286  through this requirement shall be limited to the purpose of 
1287  administration of the Title IV-D program for child support 
1288  enforcement. 
1289         (c) Each parent and caregiver caretaker relative, if 
1290  applicable, has a continuing obligation to promptly inform the 
1291  department in writing of any change in his or her mailing 
1292  address to ensure receipt of all subsequent pleadings, notices, 
1293  payments, statements, and orders, and receipt is presumed if 
1294  sent by regular mail to the most recent address furnished by the 
1295  person. 
1296         Section 9. Effective October 1, 2010, subsection (7) of 
1297  section 409.25635, Florida Statutes, is amended to read: 
1298         409.25635 Determination and collection of noncovered 
1299  medical expenses.— 
1300         (7) COLLECTION ACTION; ADMINISTRATIVE REMEDIES.—Any 
1301  administrative remedy available for collection of support may be 
1302  used to collect noncovered medical expenses that are determined 
1303  or established under this section. The department may collect 
1304  noncovered medical expenses in installments by adding a periodic 
1305  payment to an income deduction notice issued by the department. 
1306         Section 10. Effective November 1, 2010, subsections (4), 
1307  (5), (7), (8), (9), and (11) of section 409.2564, Florida 
1308  Statutes, are amended to read: 
1309         409.2564 Actions for support.— 
1310         (4) Whenever the Department of Revenue has undertaken an 
1311  action for enforcement of support, the Department of Revenue may 
1312  enter into an agreement with the obligor for the entry of a 
1313  judgment determining paternity, if applicable, and for periodic 
1314  child support payments based on the child support guidelines 
1315  schedule in s. 61.30. Before Prior to entering into this 
1316  agreement, the obligor shall be informed that a judgment will be 
1317  entered based on the agreement. The clerk of the court shall 
1318  file the agreement without the payment of any fees or charges, 
1319  and the court, upon entry of the judgment, shall forward a copy 
1320  of the judgment to the parties to the action. To encourage out 
1321  of-court settlement and promote support order compliance, if the 
1322  obligor and the Department of Revenue agree on entry of a 
1323  support order and its terms, the guideline amount owed for 
1324  retroactive support that is permanently assigned to the state 
1325  shall be reduced by 25 percent. 
1326         (5) Whenever the department IV-D agency has undertaken an 
1327  action to determine paternity, to establish an obligation of 
1328  support, or to enforce or modify an obligation of support, the 
1329  department IV-D agency shall be a party to the action only for 
1330  those purposes allowed under Title IV-D of the Social Security 
1331  Act. The program attorney shall be the attorney of record solely 
1332  for the purposes of support enforcement as authorized under 
1333  Title IV-D and may prosecute only those activities which are 
1334  eligible for federal financial participation under Title IV-D. 
1335  An attorney-client relationship exists only between the 
1336  department and the legal services providers in all Title IV-D 
1337  cases. The attorney shall advise the obligee in Title IV-D cases 
1338  that the attorney represents the agency and not the obligee. 
1339         (7) The director of the department Title IV-D agency, or 
1340  the director’s designee, is authorized to subpoena from any 
1341  person financial and other information necessary to establish, 
1342  modify, or enforce a child support order. 
1343         (a) For the purpose of establishing or modifying a child 
1344  support order, or enforcing a support order, the director of the 
1345  department this or another state’s Title IV-D agency, or any 
1346  employee designated by the director of the department this 
1347  state’s Title IV-D agency or authorized under another state’s 
1348  law, may administer oaths or affirmations, subpoena witnesses 
1349  and compel their attendance, take evidence and require the 
1350  production of any matter which is relevant to the support 
1351  action, including the existence, description, nature, custody, 
1352  condition, and location of any books, documents, or other 
1353  tangible things and the identity and location of persons having 
1354  knowledge of relevant facts or any other matter reasonably 
1355  calculated to lead to the discovery of material evidence. 
1356         (b) Subpoenas issued by the department this or another any 
1357  other state’s Title IV-D agency may be challenged in accordance 
1358  with s. 120.569(2)(k)1. While a subpoena is being challenged, 
1359  the department Title IV-D agency may not impose a fine as 
1360  provided for under paragraph (c) until the challenge is complete 
1361  and the subpoena has been found to be valid. 
1362         (c) The department Title IV-D agency is authorized to 
1363  impose a fine for failure to comply with a subpoena. Failure to 
1364  comply with the subpoena, or to challenge the subpoena as 
1365  provided in paragraph (b), within 15 days after service of the 
1366  subpoena may result in the agency taking the following actions: 
1367         1. Imposition of an administrative fine of not more than 
1368  $500. 
1369         2. Enforcement of the subpoena as provided in s. 
1370  120.569(2)(k)2. When the subpoena is enforced pursuant to s. 
1371  120.569(2)(k)2., the court may award costs and fees to the 
1372  prevailing party in accordance with that section. 
1373         (d) The department Title IV-D agency may seek to collect 
1374  administrative fines imposed pursuant to paragraph (c) by filing 
1375  a petition in the circuit court of the judicial circuit in which 
1376  the person against whom the fine was imposed resides. All fines 
1377  collected pursuant to this subsection shall be deposited into 
1378  the Child Support Enforcement Application and Program Revenue 
1379  Trust Fund. 
1380         (8) In cases in which support is subject to an assignment 
1381  as provided under 45 C.F.R. s. 301.1, the department Title IV-D 
1382  agency shall, upon providing notice to the obligor and obligee, 
1383  direct the obligor or other payor to change the payee to the 
1384  appropriate depository. 
1385         (9)(a) For the purpose of securing delinquent support, the 
1386  department Title IV-D agency may increase the amount of the 
1387  monthly support obligation to include amounts for delinquencies, 
1388  subject to such conditions or limitations as set forth in 
1389  paragraph (b). 
1390         (b) In support obligations not subject to income deduction, 
1391  the department Title IV-D agency shall notify the obligor of his 
1392  or her delinquency and of the department’s intent to require an 
1393  additional 20 percent of the monthly obligation amount to allow 
1394  for collection of the delinquency unless, within 20 days, the 
1395  obligor: 
1396         1. Pays the delinquency in full; or 
1397         2. Files a petition with the circuit court to contest the 
1398  delinquency action. 
1399         (11)(a) The Department of Revenue Title IV-D agency shall 
1400  review child support orders in IV-D cases at least once every 3 
1401  years when requested upon request by either party, or when 
1402  support rights are assigned the agency in cases where there is 
1403  an assignment of support to the state under s. 414.095(7), and 
1404  may seek modification adjustment of the order if appropriate 
1405  under the child support guidelines schedule established in s. 
1406  61.30. Not less than once every 3 years the department IV-D 
1407  agency shall provide notice to the parties subject to the order 
1408  informing them of their right to request a review and, if 
1409  appropriate, a modification an adjustment of the child support 
1410  order. The Said notice requirement may be met by including 
1411  appropriate language in the initial support order or any 
1412  subsequent orders. 
1413         (b) If the department’s review of a support order entered 
1414  by the circuit court indicates that the order should be 
1415  modified, the department, through counsel, shall file a petition 
1416  to modify the order with the court. Along with the petition, the 
1417  department shall file a child support guideline worksheet, any 
1418  financial affidavits or written declarations, pursuant to s. 
1419  61.30(15), received from the parties or completed by the 
1420  department as part of the support order review, a proposed 
1421  modified order that includes findings as to the source and 
1422  amount of income, and a notice that informs the parties of the 
1423  requirement to file an objection or a request for hearing with 
1424  the court if the party wants a court hearing on the petition to 
1425  modify. A copy of the petition, proposed order, and other 
1426  documents shall be served by regular mail on a party who 
1427  requested the support order review. A party that did not request 
1428  the support order review shall be served personally in any 
1429  manner authorized under chapter 48. 
1430         (c) To obtain a court hearing on a petition to modify a 
1431  support order, a party who is served by regular mail must file 
1432  an objection to the proposed order or a request for hearing with 
1433  the court within 30 days after the date on which the petition, 
1434  proposed order, and other documents were mailed. If a party is 
1435  served personally, to obtain a court hearing on a petition to 
1436  modify the party must file an objection to the proposed order or 
1437  a request for hearing with the court within 30 days after the 
1438  date of receipt of the petition, proposed order, and other 
1439  documents. 
1440         (d) If a timely objection or request for hearing is not 
1441  filed with the court, the court may modify the support order 
1442  without a hearing in accordance with the terms of the proposed 
1443  order. 
1444         (e) If a support order does not provide for payment of 
1445  noncovered medical expenses or require health insurance for the 
1446  minor child and health insurance is accessible to the child and 
1447  available at a reasonable cost, the department shall seek to 
1448  have the order modified and any modification shall be made 
1449  without a requirement for proof or showing of a change in 
1450  circumstances. 
1451         Section 11. Subsection (5) of section 409.2567, Florida 
1452  Statutes, is amended to read: 
1453         409.2567 Services to individuals not otherwise eligible.— 
1454         (5) The Department of Revenue may shall seek a waiver from 
1455  the Secretary of the United States Department of Health and 
1456  Human Services to authorize the Department of Revenue to provide 
1457  services in accordance with Title IV-D of the Social Security 
1458  Act to individuals who are owed support without need of an 
1459  application. The department may seek a waiver if it determines 
1460  that the estimated increase in federal funding to the state 
1461  derived from the waiver would exceed any additional cost to the 
1462  state if the waiver is granted. If the waiver is granted, the 
1463  Department of Revenue shall adopt rules to implement the waiver 
1464  and begin providing Title IV-D services if support payments are 
1465  not being paid as ordered, except that the individual first must 
1466  be given written notice of the right to refuse Title IV-D 
1467  services and a reasonable opportunity to respond. 
1468         Section 12. Subsection (3) of section 409.259, Florida 
1469  Statutes, is amended to read: 
1470         409.259 Filing fees in Title IV-D cases; electronic filing 
1471  of pleadings, returns of service, and other papers.— 
1472         (3) The clerks of the circuit court, chief judges through 
1473  the Office of the State Courts Administrator, sheriffs, Office 
1474  of the Attorney General, and Department of Revenue shall work 
1475  cooperatively to implement electronic filing of pleadings, 
1476  returns of service, and other papers with the clerks of the 
1477  circuit court in Title IV-D cases upon completion of the Child 
1478  Support Automated Management System II by October 1, 2009. 
1479         Section 13. Paragraph (a) of subsection (20) of section 
1480  409.910, Florida Statutes, is amended to read: 
1481         409.910 Responsibility for payments on behalf of Medicaid 
1482  eligible persons when other parties are liable.— 
1483         (20) Entities providing health insurance as defined in s. 
1484  624.603, health maintenance organizations and prepaid health 
1485  clinics as defined in chapter 641, and, on behalf of their 
1486  clients, third-party administrators and pharmacy benefits 
1487  managers as defined in s. 409.901(27) shall provide such records 
1488  and information as are necessary to accomplish the purpose of 
1489  this section, unless such requirement results in an unreasonable 
1490  burden. 
1491         (a) The director of the agency and the Director of the 
1492  Office of Insurance Regulation of the Financial Services 
1493  Commission shall enter into a cooperative agreement for 
1494  requesting and obtaining information necessary to effect the 
1495  purpose and objective of this section. 
1496         1. The agency shall request only that information necessary 
1497  to determine whether health insurance as defined pursuant to s. 
1498  624.603, or those health services provided pursuant to chapter 
1499  641, could be, should be, or have been claimed and paid with 
1500  respect to items of medical care and services furnished to any 
1501  person eligible for services under this section. 
1502         2. All information obtained pursuant to subparagraph 1. is 
1503  confidential and exempt from s. 119.07(1). The agency shall 
1504  provide the information obtained pursuant to subparagraph 1. to 
1505  the Department of Revenue for purposes of administering the 
1506  state Title IV-D program. The agency and the Department of 
1507  Revenue shall enter into a cooperative agreement for purposes of 
1508  implementing this requirement. 
1509         3. The cooperative agreement or rules adopted under this 
1510  subsection may include financial arrangements to reimburse the 
1511  reporting entities for reasonable costs or a portion thereof 
1512  incurred in furnishing the requested information. Neither the 
1513  cooperative agreement nor the rules shall require the automation 
1514  of manual processes to provide the requested information. 
1515         Section 14. Subsection (7) of section 414.095, Florida 
1516  Statutes, is amended to read: 
1517         414.095 Determining eligibility for temporary cash 
1518  assistance.— 
1519         (7) ASSIGNMENT OF RIGHTS TO SUPPORT.—As a condition of 
1520  receiving temporary cash assistance, the family must assign to 
1521  the Department of Revenue any rights a member of a family may 
1522  have to support from any other person. This applies to any 
1523  family member; however, the assigned amounts must not exceed the 
1524  total amount of temporary cash assistance provided to the 
1525  family. The assignment of support does not apply if the family 
1526  leaves the program. 
1527         Section 15. Subsection (1) of section 741.01, Florida 
1528  Statutes, is amended to read: 
1529         741.01 County court judge or clerk of the circuit court to 
1530  issue marriage license; fee.— 
1531         (1) Every marriage license shall be issued by a county 
1532  court judge or clerk of the circuit court under his or her hand 
1533  and seal. The county court judge or clerk of the circuit court 
1534  shall issue such license, upon application for the license, if 
1535  there appears to be no impediment to the marriage. An 
1536  application for a marriage license must allow both parties to 
1537  the marriage to state under oath in writing if they are the 
1538  parents of a child born in this state and to identify any such 
1539  child they have in common by name, date of birth, place of 
1540  birth, and, if available, birth certificate number. The name of 
1541  any child recorded by both parties must be transmitted to the 
1542  Department of Health along with the original marriage license 
1543  and endorsements. The county court judge or clerk of the circuit 
1544  court shall collect and receive a fee of $2 for receiving the 
1545  application for the issuance of a marriage license. 
1546         Section 16. Effective November 1, 2010, for the purpose of 
1547  incorporating the amendment made by this act to section 
1548  409.2564, Florida Statutes, in a reference thereto, paragraph 
1549  (c) of subsection (1) of section 61.14, Florida Statutes, is 
1550  reenacted to read: 
1551         61.14 Enforcement and modification of support, maintenance, 
1552  or alimony agreements or orders.— 
1553         (1) 
1554         (c) For each support order reviewed by the department as 
1555  required by s. 409.2564(11), if the amount of the child support 
1556  award under the order differs by at least 10 percent but not 
1557  less than $25 from the amount that would be awarded under s. 
1558  61.30, the department shall seek to have the order modified and 
1559  any modification shall be made without a requirement for proof 
1560  or showing of a change in circumstances. 
1561         Section 17. Effective November 1, 2010, for the purpose of 
1562  incorporating the amendment made by this act to section 
1563  409.2564, Florida Statutes, in a reference thereto, paragraph 
1564  (c) of subsection (1) of section 61.30, Florida Statutes, is 
1565  reenacted to read: 
1566         61.30 Child support guidelines; retroactive child support.— 
1567         (1) 
1568         (c) For each support order reviewed by the department as 
1569  required by s. 409.2564(11), if the amount of the child support 
1570  award under the order differs by at least 10 percent but not 
1571  less than $25 from the amount that would be awarded under s. 
1572  61.30, the department shall seek to have the order modified and 
1573  any modification shall be made without a requirement for proof 
1574  or showing of a change in circumstances. 
1575         Section 18. Except as otherwise expressly provided in this 
1576  act, this act shall take effect upon becoming a law.