HB 1111 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to suspension of driver license and 2
motor vehicle registration; amending s. 61.13016, 3
F.S.; requiring the court to hold a contempt hearing 4
in both IV-D cases and non-IV-D cases before the 5
suspension of an obligor's driver license and motor 6
vehicle registration instead of requiring an obligor 7
to file a petition to contest a delinquency action; 8
revising notice requirements; providing a presumption; 9
requiring an obligor to rebut such presumption at the 10
contempt hearing; requiring the court to e nter an 11
order within a specified timeframe and make certain 12
written findings of fact; authorizing the court to 13
make certain orders; requiring that the court order be 14
served on all parties; providing for a delinquency fee 15
and how it may be used; requiring t he court to specify 16
the funding source an obligor will use to satisfy 17
certain orders; requiring the court to direct the 18
Department of Highway Safety and Motor Vehicles to 19
issue a restricted license to an obligor if certain 20
conditions are met; authorizing c ertain entities to 21
provide notice to the department if an obligor fails 22
to comply with the order and to request the suspension 23
of the obligor's driver license and motor vehicle 24
registration; conforming provisions to changes made by 25
HB 1111 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the act; amending s. 322 .245, F.S.; removing the 26
requirement that an obligor pay a delinquency fee; 27
removing the purpose of the delinquency fee; requiring 28
the obligor to comply with a specified court order 29
before his or her driver license may be reinstated; 30
conforming provisions to changes made by the act; 31
providing an effective date. 32
33
Be It Enacted by the Legislature of the State of Florida: 34
35
Section 1. Section 61.13016, Florida Statutes, is amended 36
to read: 37
61.13016 Suspension of driver licenses and motor vehicle 38
registrations.— 39
(1) The driver license and motor vehicle registration of a 40
support obligor who is delinquent in payment or who has failed 41
to comply with subpoenas or a similar order to appear or show 42
cause relating to paternity or support proceedings may be 43
suspended. In both IV-D cases and non-IV-D cases, the court must 44
hold a contempt hearing before an obligor's driver license and 45
motor vehicle registration may be suspended. When an obligor is 46
15 days delinquent making a payment in support or failure to 47
comply with a subpoena, order to appear, order to show cause, or 48
similar order in IV-D cases, the Title IV -D agency may provide 49
notice to the obligor of the delinquency or failure to comply 50
HB 1111 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
with a subpoena, order to appear, order to show cause, or 51
similar order and the intent to suspend by regular United States 52
mail that is posted to the obligor's last address of record with 53
the Department of Highway Safety and Motor Vehicles. When an 54
obligor is 15 days delinquent in making a payment in support in 55
non-IV-D cases, and upon the request of the obligee, the 56
depository or the clerk of the court must provide notice to the 57
obligor of the delinquency and the intent to suspend by regular 58
United States mail that is posted to the obligor's last address 59
of record with the D epartment of Highway Safety and Motor 60
Vehicles. In either case, the notice must state all of the 61
following: 62
(a) The terms of the order creating the support 63
obligation.; 64
(b) The period of the delinquency and the total amount of 65
the delinquency as of the date of the notice or describe the 66
subpoena, order to appear, order to show cause, or other similar 67
order that has not been complied with .; 68
(c) The date, time, and place of the contempt hearing and 69
a statement, in type at least as large as the balance o f the 70
document, with the following or substantially similar language: 71
"FAILURE TO APPEAR AT THE HEARING CONSTITUTES CONSENT TO THE 72
DELINQUENCY AND THE AMOUNT OF THE DELINQUENCY AND MAY RESULT IN 73
THE SUSPENSION OF YOUR DRIVER LICENSE AND MOTOR VEHICLE 74
REGISTRATION." 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2) The original order of the court creating the support 76
obligation creates a presumption that the obligor has the 77
present ability to pay the support. At the contempt hearing, the 78
obligor has the burden of proof to show he or she lacks the 79
ability to pay the support. The court must enter an order 80
resolving the matter within 10 days after the contempt hearing, 81
and a copy of the order must be served on the parties. The court 82
must make written findings of fact regarding the obligor's 83
ability to pay and may order the obligor to: 84
(c) That notification will be given to the Department of 85
Highway Safety and Motor Vehicles to suspend the obligor's 86
driver license and motor vehicle registration unless, within 20 87
days after the date that the notice is mail ed, the obligor: 88
(a)1.a. Pay Pays the delinquency in full , including a 89
delinquency fee of $25, and any other costs and fees accrued 90
between the date of the notice and the date the delinquency is 91
paid. The delinquency fee may be retained by the depository or 92
the office of the clerk to defray the operating costs of the 93
office after the clerk remits $15 to the department for deposit 94
into the General Revenue Fund ; 95
(b)b. Enter Enters into a written agreement for payment 96
with the obligee in non -IV-D cases or with the Title IV-D agency 97
in IV-D cases; or in IV-D cases, comply complies with a subpoena 98
or order to appear, order to show cause, or a similar order, 99
which may include a reasonable period of payment deferral to 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
accommodate an obligor's good faith job -seeking efforts; 101
(c)c. Seek employment Files a petition with the circuit 102
court to contest the delinquency action ; 103
(d) File periodic reports with the court, or with the 104
department if the department is providing Title IV -D services, 105
detailing the obligor's efforts to seek and obtain employment 106
during the reporting period; 107
(e) Notify the court or the department, as appropriate, 108
upon obtaining employment, income, or property; 109
(f) Participate in job training, job placement, work 110
experience, or other work programs that may be available under 111
chapter 445, chapter 446, or any other source; or 112
(g)d. Demonstrate Demonstrates that he or she: 113
1. Receives reemployment assistance or unemployment 114
compensation under pursuant to chapter 443; 115
2.e. Demonstrates that he or she Is disabled and incapable 116
of self-support or that he or she receives benefits under the 117
federal Supplemental Security Income program or Social Security 118
Disability Insurance program; 119
3.f. Demonstrates that he or she Receives temporary cash 120
assistance under pursuant to chapter 414; or 121
4.g. Demonstrates that he or she Is making payments in 122
accordance with a confirmed bankruptcy plan under chapter 11, 123
chapter 12, or chapter 13 of the United States Bankruptcy Code, 124
11 U.S.C. ss. 101 et seq. ; and 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2. Pays any applicable delinquency fees. 126
(3) If an obligor proves he or she does not have the 127
ability to pay the delinquency at the contempt hearing and the 128
court enters an order requiring the obligor to pay the 129
delinquency or enter into a written agr eement for payment as 130
authorized under paragraph (2)(a) or paragraph (2)(b), 131
respectively, the court must specify the funding source the 132
obligor will use to satisfy the order. 133
(4) If an obligor in a non -IV-D case enters into a written 134
agreement for payment as authorized under paragraph (2)(b) 135
before the expiration of the 20 -day period, the obligor must 136
provide a copy of the signed written agreement to the depository 137
or the clerk of the court. If an obligor seeks to satisfy 138
paragraph (2)(g)1. sub-subparagraph 1.d., paragraph (2)(g)2. 139
sub-subparagraph 1.e., paragraph (2)(g)3. sub-subparagraph 1.f., 140
or paragraph (2)(g)4. sub-subparagraph 1.g. before expiration of 141
the 20-day period, the obligor must provide the applicable 142
documentation or proof to the deposito ry or the clerk of the 143
court. 144
(5)(2)(a) Upon petition filed by the obligor in the 145
circuit court within 20 days after the mailing date of the 146
notice, The court must may, in its discretion, direct the 147
Department of Highway Safety and Motor Vehicles to issue a 148
license for driving privilege restricted to business purposes 149
only, as defined by s. 322.271, if the person is otherwise 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
qualified for such a license. As a condition for the Department 151
of Highway Safety and Motor Vehicles court to issue a restricted 152
driver license exercise its discretion under this subsection, 153
the obligor must agree to a schedule of payment on any child 154
support arrearages and to maintain current child support 155
obligations. If the obligor fails to comply with the schedule of 156
payment, the court shall direct the Department of Highway Safety 157
and Motor Vehicles to suspend the obligor's driver license. 158
(b) The obligor must serve a copy of the petition on the 159
Title IV-D agency in IV-D cases or on the depository or the 160
clerk of the court in non -IV-D cases. When an obligor timely 161
files a petition to set aside a suspension, the court must hear 162
the matter within 15 days after the petition is filed. The court 163
must enter an order resolving the matter within 10 days after 164
the hearing, and a copy of th e order must be served on the 165
parties. The timely filing of a petition under this subsection 166
stays the intent to suspend until the entry of a court order 167
resolving the matter. 168
(6)(3) If the obligor does not comply with the court order 169
issued under subsection (2), within 20 days after the mailing 170
date on the notice, pay the delinquency; enter into a written 171
agreement; comply with the subpoena, order to appear, order to 172
show cause, or other similar order; file a motion to contest; or 173
satisfy sub-subparagraph (1)(c)1.d., sub-subparagraph 174
(1)(c)1.e., sub-subparagraph (1)(c)1.f., or sub -subparagraph 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1)(c)1.g., the Title IV-D agency in IV-D cases, or the 176
depository or clerk of the court in non -IV-D cases, may file the 177
notice with the Department of Highway Safet y and Motor Vehicles 178
and request the suspension of the obligor's driver license and 179
motor vehicle registration in accordance with s. 322.058. 180
(4) The obligor may, within 20 days after the mailing date 181
on the notice of delinquency or noncompliance and int ent to 182
suspend, file in the circuit court a petition to contest the 183
notice of delinquency or noncompliance and intent to suspend on 184
the ground of mistake of fact regarding the existence of a 185
delinquency or the identity of the obligor. The obligor must 186
serve a copy of the petition on the Title IV -D agency in IV-D 187
cases or depository or clerk of the court in non -IV-D cases. 188
When an obligor timely files a petition to contest, the court 189
must hear the matter within 15 days after the petition is filed. 190
The court must enter an order resolving the matter within 10 191
days after the hearing, and a copy of the order must be served 192
on the parties. The timely filing of a petition to contest stays 193
the notice of delinquency and intent to suspend until the entry 194
of a court order resolving the matter. 195
(7)(5) The procedures prescribed in This section and s. 196
322.058 may be used to enforce compliance with an order to 197
appear for genetic testing. 198
Section 2. Subsections (2) and (4) of section 322.245, 199
Florida Statutes, are amen ded to read: 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
322.245 Suspension of license upon failure of person 201
charged with specified offense under chapter 316, chapter 320, 202
or this chapter to comply with directives ordered by traffic 203
court or upon failure to pay child support in non -IV-D cases as 204
provided in chapter 61 or failure to pay any financial 205
obligation in any other criminal case. — 206
(2) In non-IV-D cases, if a person fails to pay child 207
support under chapter 61 and the obligee so requests, the 208
depository or the clerk of the court shall mail in accordance 209
with s. 61.13016 the notice specified in that section, notifying 210
the obligor him or her that if he or she does not comply with 211
the requirements of that section and pay a delinquency fee of 212
$25 to the depository or the clerk, his or her driver license 213
and motor vehicle registration will be suspended. The 214
delinquency fee may be retained by the depository or the office 215
of the clerk to defray the operating costs of the office after 216
the clerk remits $15 to the Department of Revenue for deposit 217
into the General Revenue Fund. 218
(4) After suspension of the driver license of a person 219
pursuant to subsection (1), subsection (2), or subsection (3), 220
the license may not be reinstated until the person complies with 221
all court directives imposed upon him or he r, including payment 222
of the delinquency fee imposed by subsection (1), and presents 223
certification of such compliance to a driver licensing office 224
and complies with the requirements of this chapter or, in the 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
case of a license suspended for nonpayment of ch ild support in 226
non-IV-D cases, until the person complies with the court order 227
issued under s. 61.13016(2) and the reinstatement provisions of 228
s. 322.058 and makes payment of the delinquency fee imposed by 229
subsection (2). 230
Section 3. This act shall take effect July 1, 2022. 231