HB 1283 (2005) -  Child Support

General Bill by Galvano (CO-SPONSORS) Ambler; Benson; Berfield; Davis, D.; Davis, M.; Flores; Gibson, H.; Goldstein; Hasner; Homan; Hukill; Kendrick; Lopez-Cantera; Planas; Rivera; Robaina; Sansom; Seiler; Williams, T.; Zapata
Child Support: Provides a civil penalty and attorney's fees and costs for noncompliance with a requirement to enroll a child in health care coverage; provides for enforcement by the Department of Revenue; repeals a provision relating to a judicial circuit with a work experience and job training pilot project; provides for the repayment of a support delinquency through income deduction; provides for application to support orders or income deduction orders; requires an obligor contesting an income deduction order rendered by the Title IV-D agency to file the petition with the Title IV-D agency; requires the department to provide payors with Internet access to income deduction and national medical support notices issued by the department; provides for suspension of a driver's license to enforce compliance with an order to appear for genetic testing; requires the Title IV-D agency to provide information relating to the amount of current support owed by an obligor; provides for recovery of support arrearages from workers' compensation lump-sum settlements; authorizes the court to enforce support orders; provides for fines to be deposited in the Child Support Enforcement Application and Program Revenue Trust Fund; requires the State Disbursement Unit to provide for electronic disbursement of payments; requires electronic remittance of support payments by certain employers; provides for entry of final orders by the Division of Administrative Hearings in proceedings to establish paternity or paternity and child support; provides for the right to immediate judicial review to contest an administrative order for genetic testing; provides for judicial enforcement of agency final orders; provides for venue of administrative hearings in paternity proceedings and determinations of noncovered medical expenses; authorizes the department to obtain digital photographs and signatures from the Department of Highway Safety and Motor Vehicles for use in establishing paternity and establishing, modifying, or enforcing support obligations; requires the Department of Health to amend a child's birth certificate when paternity is established by the Department of Revenue; requires the clerk of the court to ensure that all judicial determinations of paternity are reported to the Department of Health and requires the department to monitor compliance and report data to the clerks of the court; provides for the Department of Health not to seal birth certificates and related papers when a father is listed pursuant to an acknowledgment of paternity and provides for the department to amend the birth certificate of a child born in Florida whose paternity is established in another state; provides for the Department of Revenue to develop written educational materials; requires a report to the Legislature; requires hospitals providing birthing services to comply with s. 382.013(2)(c), F.S.; prohibits fines and sanctions against hospitals for noncompliance with s. 382.013(2)(c), F.S.; authorizes the Department of Revenue to adopt rules relating to administrative proceedings to establish paternity, paternity and child support orders, and orders to appear for genetic testing; provides for a determination by the department that a collection or refund is undistributable; requires the department to make reasonable efforts to locate persons to whom collections or refunds are owed; provides for location efforts to include disclosure through a searchable database; authorizes the department to administratively establish paternity based on the results of genetic testing; provides for notice, opportunity for administrative hearing, and right to judicial review; authorizes the department to combine a paternity proceeding with an administrative proceeding; provides for administrative orders to appear for genetic testing and right to contest; provides for a presumption of paternity based on specified genetic testing results; provides for admissibility of genetic testing results at administrative hearings; provides that a final order issued by an administrative law judge constitutes final agency action by the department; requires a respondent to notify the department of changes of address; provides that no obligation of support shall be incurred by a recipient of supplemental security income or temporary cash assistance for the benefit of a dependent child; authorizes the department to establish an administrative support order when paternity is determined administratively; authorizes the department to determine the amount owed by an obligor for noncovered medical expenses in Title IV-D cases; provides for notice, opportunity for administrative hearing, and right to judicial review; provides for filing an uncontested notice or final order with the local depository for recording in the same manner as a final judgment and maintaining necessary accounts; authorizes the department to collect noncovered medical expenses; provides for a reduction in the amount of retroactive support permanently assigned to the state; provides for correctional facilities to assist putative fathers in complying with administrative orders for genetic testing; provides for an application fee for child support services provided by the Department of Revenue, waiver of the fee in all cases, and payment by the department; removes rulemaking authority of the Department of Children and Family Services relating to the application fee and deposit thereof; authorizes the Department of Revenue to seek a federal waiver from the requirement that an individual must apply for Title IV-D services; authorizes the department to commence a proceeding to suspend certain licenses for noncompliance with a support order; provides for notice by regular mail, opportunity to contest in circuit court, grounds for contesting, and stay of proceedings if a timely petition to contest is filed; provides for written agreement with the department to avoid suspension, reinstatement notice upon compliance, and suspension if the obligor does not comply after notice, does not contest, or does not comply with a written agreement; provides for full disclosure by obligor of income, assets, and employment; provides for license suspension to enforce subpoenas, orders to appear, or similar orders; requires the clerks of the circuit court, chief judges through the Office of the State Courts Administrator, sheriffs, Office of the Attorney General, and Department of Revenue to work cooperatively to implement electronic filing of pleadings, returns of service, and other papers by October 1, 2009; requires the Agency for Health Care Administration to disclose information identifying Florida KidCare applicants or enrollees for purposes of administering the state's Title IV-D program; provides that a court may order a noncustodial parent in work activities, under certain circumstances; requires the Agency for Workforce Innovation to deduct and withhold a specified percentage of unemployment compensation otherwise payable to an individual who owes a support obligation; provides for the Department of Revenue to promptly refund any excess deduction to the obligor; repeals authority to screen license applicants for compliance with support obligations; requires the Department of Business and Professional Regulation to cooperate with the Department of Revenue to implement an automated method for current license disclosure; provides that when paternity is adjudicated by the Department of Revenue pursuant to s. 409.256, F.S., such adjudication constitutes the establishment of paternity for purposes of ch. 742, F.S.; provides for genetic testing in paternity cases and disclosure of test results; repeals provisions that require exhaustion of civil remedies before a criminal prosecution for nonsupport of dependents is commenced, a prior adjudication of contempt for failure to comply with a support order, notice by the state attorney prior to prosecution, and mandatory minimum fines and imprisonment; provides for the state attorneys, the Florida Prosecuting Attorneys Association, and the Department of Revenue to identify strategies for pursuing criminal prosecution in certain cases and to submit a report to the Governor and Legislature.
Effective Date: July 1, 2005.
Last Event: 05/20/05 Approved by Governor; Chapter No. 2005-39; See also HB 775 (Ch. 2005-82) on Friday, May 20, 2005 12:00 AM

Referred Committees and Committee Actions

House Referrals

Related Bills

Bill # Subject Relationship
Bill #: CS/SB 1884 Subject: Child Support Relationship: Similar
Bill #: HB 87 CS Subject: Children's Services Relationship: Compare
Bill #: HB 775 Subject: Child Support Enforcement Relationship: Compare
Bill #: SB 166 Subject: Child Support Relationship: Compare
Bill #: CS/SB 1262 Subject: Child Support Enforcement Relationship: Compare

Bill Text

Staff Analysis

Chamber Committee
Chamber: House Committee: Health & Families Council 4/20/2005 11:55:00 AM
Chamber: House Committee: Health & Families Council 4/17/2005 6:27:08 PM
Chamber: House Committee: State Administration Appropriations Committee 4/12/2005 5:14:13 PM
Chamber: House Committee: State Administration Appropriations Committee 4/11/2005 3:28:38 PM
Chamber: House Committee: Civil Justice Committee 4/6/2005 12:46:35 PM
Chamber: House Committee: Civil Justice Committee 3/29/2005 10:07:43 AM
Chamber: House Committee: Future of Florida's Families Committee 3/23/2005 3:27:57 PM
Chamber: House Committee: Future of Florida's Families Committee 3/22/2005 11:54:39 AM

Vote History

Chamber Date Yeas Nays Action Action 2 Vote Detail Barcode
Chamber: House Date: 04/27/2005 12:59 PM   Yeas: 117 Nays: 0 Action: Passage Action 2: Vote Detail: Vote [Seq# 258] Barcode:
Chamber: Senate Date: 04/28/2005 11:08 AM   Yeas: 40 Nays: 0 Action: Action 2: Vote Detail: Vote [Seq# 5] Barcode:

Bill History

Event Time Member Committee Ver.
Event: Approved by Governor; Chapter No. 2005-39; See also HB 775 (Ch. 2005-82) Time: 05/20/2005 - 12:00 AM Member: Committee: Version: er
Event: Signed by Officers and presented to Governor Time: 05/13/2005 - 12:00 AM Member: Committee: Version: er
Event: H Ordered enrolled Time: 04/29/2005 - 4:43 PM Member: Committee: Version: e1
Event: H In Messages Time: 04/29/2005 - 4:43 PM Member: Committee: Version: e1
Event: S Passed; YEAS 40 NAYS 0 -SJ 00661 Time: 04/28/2005 - 12:00 AM Member: Committee: Version: er
Event: S Read third time -SJ 00661 Time: 04/28/2005 - 12:00 AM Member: Committee: Version: er
Event: S Read second time -SJ 00660 Time: 04/28/2005 - 12:00 AM Member: Committee: Version: er
Event: S Substituted for CS/SB 1884 -SJ 00661 Time: 04/28/2005 - 12:00 AM Member: Committee: Version: er
Event: S Withdrawn from Children and Families; Judiciary; General Government Appropriations -SJ 00660 Time: 04/28/2005 - 12:00 AM Member: Committee: Version: er
Event: S Received, referred to Children and Families; Judiciary; General Government Appropriations -SJ 00654 Time: 04/27/2005 - 4:00 PM Member: Committee: Version: er
Event: S In Messages Time: 04/27/2005 - 4:00 PM Member: Committee: Version: er
Event: H Message sent to senate Time: 04/27/2005 - 3:26 PM Member: Committee: Version: e1
Event: H Passage on third reading Time: 04/27/2005 - 12:59 PM Member: Committee: Version: c2
Event: H Passed as amended; YEAS 117, NAYS 0 Time: 04/27/2005 - 12:59 PM Member: Committee: Version: c2
Event: H Read 3rd time Time: 04/27/2005 - 12:58 PM Member: Committee: Version: c2
Event: H Read 2nd time Time: 04/27/2005 - 12:57 PM Member: Committee: Version: c2
Event: H Bill added to Special Order Calendar (4/27/2005) Time: 04/26/2005 - 7:09 PM Member: Committee: Version: c2
Event: H Bill added to Special Order Calendar (4/26/2005) Time: 04/24/2005 - 5:13 PM Member: Committee: Version: c2
Event: H Added to Second Reading Calendar Time: 04/20/2005 - 3:25 PM Member: Committee: Version: c2
Event: H Bill released to House Calendar Time: 04/20/2005 - 3:25 PM Member: Committee: Version: c2
Event: H Pending review of CS under Rule 6.3 Time: 04/20/2005 - 12:06 PM Member: Committee: Version: c1
Event: H Reported out of Health & Families Council Time: 04/20/2005 - 11:58 AM Member: Committee: Health & Families Council Version: c1
Event: H Favorable with CS by Health & Families Council Time: 04/18/2005 - 12:00 PM Member: Committee: Health & Families Council Version: c1
Event: H Added to Health & Families Council agenda Time: 04/14/2005 - 4:08 PM Member: Committee: Health & Families Council Version: c1
Event: H Now in Health & Families Council Time: 04/12/2005 - 5:21 PM Member: Committee: Health & Families Council Version: c1
Event: H Reported out of State Administration Appropriations Committee Time: 04/12/2005 - 5:21 PM Member: Committee: State Administration Appropriations Committee Version: c1
Event: H Favorable by State Administration Appropriations Committee Time: 04/12/2005 - 5:19 PM Member: Committee: State Administration Appropriations Committee Version: c1
Event: H Added to State Administration Appropriations Committee agenda Time: 04/08/2005 - 4:25 PM Member: Committee: State Administration Appropriations Committee Version: c1
Event: H Now in State Administration Appropriations Committee Time: 04/06/2005 - 2:12 PM Member: Committee: State Administration Appropriations Committee Version: c1
Event: H Remaining referral: Health & Families Council Time: 04/06/2005 - 2:12 PM Member: Committee: Health & Families Council Version: c1
Event: H Remaining referral: State Administration Appropriations Committee Time: 04/06/2005 - 2:12 PM Member: Committee: State Administration Appropriations Committee Version: c1
Event: H Pending review of CS under Rule 6.3 Time: 04/06/2005 - 1:06 PM Member: Committee: Version: __
Event: H Reported out of Civil Justice Committee Time: 04/06/2005 - 12:47 PM Member: Committee: Civil Justice Committee Version: __
Event: H Favorable with CS by Civil Justice Committee Time: 03/30/2005 - 11:00 AM Member: Committee: Civil Justice Committee Version: __
Event: H Added to Civil Justice Committee agenda Time: 03/28/2005 - 3:39 PM Member: Committee: Civil Justice Committee Version: __
Event: H Now in Civil Justice Committee Time: 03/23/2005 - 3:30 PM Member: Committee: Civil Justice Committee Version: __
Event: H Reported out of Future of Florida's Families Committee Time: 03/23/2005 - 3:30 PM Member: Committee: Future of Florida's Families Committee Version: __
Event: H Favorable by Future of Florida's Families Committee Time: 03/23/2005 - 12:00 PM Member: Committee: Future of Florida's Families Committee Version: __
Event: H Added to Future of Florida's Families Committee agenda Time: 03/21/2005 - 4:09 PM Member: Committee: Future of Florida's Families Committee Version: __
Event: H Now in Future of Florida's Families Committee Time: 03/18/2005 - 9:25 AM Member: Committee: Future of Florida's Families Committee Version: __
Event: H Referred to Health & Families Council Time: 03/18/2005 - 9:25 AM Member: Committee: Health & Families Council Version: __
Event: H Referred to State Administration Appropriations Committee Time: 03/18/2005 - 9:25 AM Member: Committee: State Administration Appropriations Committee Version: __
Event: H Referred to Civil Justice Committee Time: 03/18/2005 - 9:25 AM Member: Committee: Civil Justice Committee Version: __
Event: H Referred to Future of Florida's Families Committee Time: 03/18/2005 - 9:25 AM Member: Committee: Future of Florida's Families Committee Version: __
Event: H 1st Reading Time: 03/08/2005 - 10:57 PM Member: Committee: Version: __
Event: H Filed Time: 03/02/2005 - 8:50 AM Member: Galvano Committee: Version: __

Statutes Referenced by this Bill

Statute Other Bill Citations
61.13 HB 145 CS, HB 775
61.1301
61.13016 HB 1697
61.1354 HB 775
61.14 HB 775, HB 1181 CS
61.1814
61.1824
61.30 HB 919
120.80 HB 341, HB 621 CS, HB 757, HB 1693, HB 1747 CS, HB 1807
322.142 HB 1697
382.013
382.015
382.016 HB 775
382.357
395.003 HB 763, HB 1209 CS, HB 1941 CS
409.2557
409.2558 HB 87 CS, HB 775, HB 1859
409.256
409.2561 HB 775
409.2563 HB 1213
409.25635
409.2564 HB 1895
409.25645
409.2567 HB 775, HB 1859
409.259
409.2598
409.821 HB 775
414.065 HB 1895
443.051
455.203
742.10
760.40
827.06