FL
Florida House Bill H1087

Florida 2023 Regular Session

Florida House Bill H1087 Compare Versions

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1010 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
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14+A bill to be entitled 1
1515 An act relating to child support; amending s. 61.046, 2
1616 F.S.; revising the definition of the term 3
1717 "depository"; amending s. 61.13016, F.S.; authorizing 4
1818 deferral of support payments for an obligor's good 5
1919 faith job training efforts; amending s. 61.181, F.S.; 6
2020 requiring a depository to impose and collect a fee on 7
2121 certain cases; providing a minimum and maximum amount 8
2222 for the fee; removing language relating to the State 9
2323 Disbursement Unit collecting fees; specifying how such 10
2424 fee must be distributed; requiring certai n moneys to 11
2525 be remitted to the Department of Children and Families 12
2626 at specified intervals; removing requirements for a 13
2727 depository to provide certain information to the Title 14
2828 IV-D agency; conforming provisions to changes made by 15
2929 the act; removing obsolete l anguage; making technical 16
3030 changes; amending s. 61.30, F.S.; removing exceptions 17
3131 relating to incarceration when establishing or 18
3232 modifying a support order; amending s. 409.256, F.S.; 19
3333 authorizing a child's caregiver to provide an 20
3434 affidavit or a written declar ation regarding a 21
3535 putative father; amending s. 409.2563, F.S.; requiring 22
3636 the department to file a certain payment record with 23
3737 the clerk of the circuit court; requiring the clerk of 24
3838 the circuit court to update certain information and 25
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4747 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
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5151 apply credits under cer tain circumstances; authorizing 26
5252 a party to dispute the application of a credit in a 27
5353 subsequent proceeding; amending ss. 61.13, 61.1811, 28
5454 and 61.1814, F.S.; conforming cross -references; 29
5555 providing effective dates. 30
5656 31
5757 Be It Enacted by the Legislature of the State of Florida: 32
5858 33
5959 Section 1. Subsection (4) of section 61.046, Florida 34
6060 Statutes, is amended to read: 35
6161 61.046 Definitions. —As used in this chapter, the term: 36
6262 (4) "Depository" means a the central governmental 37
6363 depository established by the clerk of the circuit court in each 38
6464 county pursuant to s. 61.181 , created by special act of the 39
6565 Legislature or other entity established before June 1, 1985, to 40
6666 perform depository functions and to receive, record, report, 41
6767 disburse, monitor, and otherwise handle alimony and child 42
6868 support payments not otherwise required to be processed by the 43
6969 State Disbursement Unit. 44
7070 Section 2. Paragraph (c) of subsection (1) of section 45
7171 61.13016, Florida Statutes, is amended to read: 46
7272 61.13016 Suspension of driver licenses and motor vehicle 47
7373 registrations.— 48
7474 (1) The driver license and motor vehicle registration of a 49
7575 support obligor who is delinquent in payment or who has failed 50
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8484 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
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8888 to comply with subpoenas or a similar order to appear or show 51
8989 cause relating to paternity or support proceed ings may be 52
9090 suspended. When an obligor is 15 days delinquent making a 53
9191 payment in support or failure to comply with a subpoena, order 54
9292 to appear, order to show cause, or similar order in IV -D cases, 55
9393 the Title IV-D agency may provide notice to the obligor of the 56
9494 delinquency or failure to comply with a subpoena, order to 57
9595 appear, order to show cause, or similar order and the intent to 58
9696 suspend by regular United States mail that is posted to the 59
9797 obligor's last address of record with the Department of Highway 60
9898 Safety and Motor Vehicles. When an obligor is 15 days delinquent 61
9999 in making a payment in support in non -IV-D cases, and upon the 62
100100 request of the obligee, the depository or the clerk of the court 63
101101 must provide notice to the obligor of the delinquency and the 64
102102 intent to suspend by regular United States mail that is posted 65
103103 to the obligor's last address of record with the Department of 66
104104 Highway Safety and Motor Vehicles. In either case, the notice 67
105105 must state: 68
106106 (c) That notification will be given to the Department of 69
107107 Highway Safety and Motor Vehicles to suspend the obligor's 70
108108 driver license and motor vehicle registration unless, within 20 71
109109 days after the date that the notice is mailed, the obligor: 72
110110 1.a. Pays the delinquency in full and any other costs and 73
111111 fees accrued between the date of the notice and the date the 74
112112 delinquency is paid; 75
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121121 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
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125125 b. Enters into a written agreement for payment with the 76
126126 obligee in non-IV-D cases or with the Title IV -D agency in IV-D 77
127127 cases; or in IV-D cases, complies with a subpoena or order to 78
128128 appear, order to show cause, or a similar order, which may 79
129129 include a reasonable period of payment deferral to accommodate 80
130130 an obligor's good faith job -seeking or job training efforts; 81
131131 c. Files a petition with the circuit court to contest the 82
132132 delinquency action; 83
133133 d. Demonstrates that he or she receives reemployment 84
134134 assistance or unemployment compensation pursuant to chapter 443; 85
135135 e. Demonstrates that he or she is disabled and incapable 86
136136 of self-support or that he or she receives benefits under the 87
137137 federal Supplemental Security Income program or Social Security 88
138138 Disability Insurance program; 89
139139 f. Demonstrates that he or she receives temporary cash 90
140140 assistance pursuant to chapter 414; or 91
141141 g. Demonstrates that he or she is making payments in 92
142142 accordance with a confirmed bankruptcy plan under chapter 11, 93
143143 chapter 12, or chapter 13 of the United States Bankruptcy Code, 94
144144 11 U.S.C. ss. 101 et seq.; and 95
145145 2. Pays any applicable delinquency fees. 96
146146 97
147147 If an obligor in a non -IV-D case enters into a written agreement 98
148148 for payment before the expiration of the 20 -day period, the 99
149149 obligor must provide a copy of the signed written agreement to 100
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158158 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
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162162 the depository or the clerk of the court. If an obligor seeks to 101
163163 satisfy sub-subparagraph 1.d., sub -subparagraph 1.e., sub -102
164164 subparagraph 1.f., or sub-subparagraph 1.g. before expiration of 103
165165 the 20-day period, the obligor must provide the applicable 104
166166 documentation or proof to the depository or the clerk of the 105
167167 court. 106
168168 Section 3. Subsections (5) through (8) and (10) of section 107
169169 61.181, Florida Statutes, are renumbered as subsections (4) 108
170170 through (7) and (9), respectively, and present subsections (1), 109
171171 (2), (3), (4), (8), and (9) of that section are amended to read: 110
172172 61.181 Depositories Depository for alimony transactions, 111
173173 support, maintenance, and s upport payments; fees. — 112
174174 (1)(a) The office of the clerk of the court in each county 113
175175 shall operate a depository unless the depository is otherwise 114
176176 created by special act of the Legislature or unless, prior to 115
177177 June 1, 1985, a different entity was establishe d to perform such 116
178178 functions. The department shall , no later than July 1, 1998, 117
179179 extend participation in the federal child support cost 118
180180 reimbursement program to the central depository in each county, 119
181181 to the maximum extent allowable possible under existing federal 120
182182 law. Each The depository shall receive reimbursement for 121
183183 services provided under a cooperative agreement with the 122
184184 department pursuant to s. 61.1826. Each depository shall 123
185185 participate in the State Disbursement Unit and shall implement 124
186186 all statutory and contractual duties imposed on the State 125
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195195 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
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197197
198198
199199 Disbursement Unit. Each depository shall receive from and 126
200200 transmit to the State Disbursement Unit required data through 127
201201 the Clerk of Court Child Support Enforcement Collection System. 128
202202 Payments on non-Title IV-D cases without income deduction orders 129
203203 shall not be sent to the State Disbursement Unit. 130
204204 (b) Upon request by the department, each the depository 131
205205 operated under created pursuant to paragraph (a) shall establish 132
206206 an account for the receipt and disbursement of s upport payments 133
207207 for Title IV-D interstate cases. The department shall provide a 134
208208 copy of the other state's order with the request, and each the 135
209209 depository shall advise the department of the account number in 136
210210 writing within 4 business days after receipt of t he request. 137
211211 (2)(a) Each depository shall impose and collect a fee for 138
212212 payments not required to be processed through the State 139
213213 Disbursement Unit, the depository shall impose and collect a fee 140
214214 on each payment made for receiving, recording, reporting, 141
215215 disbursing, monitoring, or handling alimony or child support 142
216216 payments as required under this section. for non-Title IV-D 143
217217 cases required to be processed by the State Disbursement Unit 144
218218 pursuant to this chapter, the State Disbursement Unit shall, on 145
219219 each payment received, collect a fee, and shall transmit to the 146
220220 depository in which the case is located 40 percent of such 147
221221 service charge for the depository's administration, management, 148
222222 and maintenance of such case . If a payment is made to the State 149
223223 Disbursement Unit which is not accompanied by the required fee, 150
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232232 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
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236236 the State Disbursement Unit shall not deduct any moneys from the 151
237237 support payment for payment of the fee. The fee shall be a flat 152
238238 fee based, to the extent practicable, upon estimated reasonable 153
239239 costs of operation. The fee is 4 shall be reduced in any case in 154
240240 which the fixed fee results in a charge to any party of an 155
241241 amount greater than 3 percent of the amount of any support 156
242242 payment made in satisfaction of the amount which the party is 157
243243 obligated to pay, except that a no fee may not shall be less 158
244244 than $1 or nor more than $5.25 $5 per payment made. The fee must 159
245245 shall be considered by the court in determining the amount of 160
246246 support that the obligor is, or may be, required to pay. A fee 161
247247 may not be imposed on payments for Title IV-D cases. 162
248248 (b)1. The fee imposed in paragraph (a) shall be increased 163
249249 to 4 percent of the support payments which the party is 164
250250 obligated to pay, except that no fee shall be more than $5.25. 165
251251 The fee shall be considered by the court in determining th e 166
252252 amount of support that the obligor is, or may be, required to 167
253253 pay. Notwithstanding the provisions of s. 145.022, the fee 168
254254 imposed under paragraph (a) shall be distributed as follows: 169
255255 1. To 75 percent of the additional revenues generated by 170
256256 this paragraph shall be remitted monthly to the Clerk of the 171
257257 Court Child Support Enforcement Collection System Trust Fund , 172
258258 calculated as follows: 173
259259 a. For each support payment of less than $33, 18.75 cents. 174
260260 b. For each support payment of at least $33 but not more 175
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269269 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
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273273 than $140, an amount equal to 75 percent of the difference 176
274274 between 4 percent of the support payment amount, not to exceed 177
275275 $5.25, and 3 percent of the support payment amount, not to 178
276276 exceed $5. 179
277277 c. For each support payment in excess of $140, 18.75 cents 180
278278 administered by the department as provided in subparagraph 2 . 181
279279 182
280280 These funds shall be used exclusively for the development, 183
281281 implementation, and operation of the Clerk of the Court Child 184
282282 Support Enforcement Collection System to be operated by the 185
283283 depositories, including the automation of civil case information 186
284284 necessary for the State Case Registry. The department shall 187
285285 contract with the Florida Association of Court Clerks and the 188
286286 depositories to design, establish, operate, upgrade, and 189
287287 maintain the automation of the depositories to include, but not 190
288288 be limited to, the provision of online electronic transfer of 191
289289 information to the IV -D agency as otherwise required by this 192
290290 chapter. The department's obligation to fund the automation of 193
291291 the depositories is limited to the s tate share of funds 194
292292 available in the Clerk of the Court Child Support Enforcement 195
293293 Collection System Trust Fund. Each depository created under this 196
294294 section must shall fully participate in the Clerk of the Court 197
295295 Child Support Enforcement Collection System an d transmit data in 198
296296 a readable format as required by the contract between the 199
297297 Florida Association of Court Clerks and the department. 200
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306306 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
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310310 2. For support payments not processed through the State 201
311311 Disbursement Unit, the clerk of the court shall retain the 202
312312 balance of the fee imposed under paragraph (a) for receiving, 203
313313 recording, reporting, disbursing, monitoring, or handling 204
314314 support payments as required under this section Moneys to be 205
315315 remitted to the department by the depository shall be done daily 206
316316 by electronic funds transfer and calculated as follows: 207
317317 a. For each support payment of less than $33, 18.75 cents. 208
318318 b. For each support payment between $33 and $140, an 209
319319 amount equal to 18.75 percent of the fee charged. 210
320320 c. For each support payment in excess of $140, 1 8.75 211
321321 cents. 212
322322 3. For support payments processed through the State 213
323323 Disbursement Unit, the clerk of the court shall retain 40 214
324324 percent of the fee imposed under paragraph (a) for the 215
325325 depository's administration, management, and maintenance of each 216
326326 case. After retaining 40 percent of the fee imposed under 217
327327 paragraph (a) and paying the amount due to the Clerk of the 218
328328 Court Child Support Enforcement Collection System Trust Fund, 219
329329 the clerk of the court shall transmit the balance of the fee to 220
330330 the department, which sh all be treated as program income under 221
331331 s. 61.1814(2). 222
332332 (c) Each depository must remit moneys due to the 223
333333 department under subparagraphs (b)1. and 3. at least monthly as 224
334334 required under s. 28.245. 225
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343343 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
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347347 (d) The fees established by this section shall be set 226
348348 forth and included in every order of support entered by a court 227
349349 of this state which requires payment to be made into a the 228
350350 depository. 229
351351 (3)(a) For payments not required to be processed through 230
352352 the State Disbursement Unit, a the depository shall collect and 231
353353 distribute all support payments paid into the depository to the 232
354354 appropriate party. On or after July 1, 1998, If a payment is 233
355355 made on a Title IV-D case which is not accompanied by the 234
356356 required transaction fee, a the depository may shall not deduct 235
357357 any moneys from the support payment for payment of the fee. 236
358358 Nonpayment of the required fee is shall be considered a 237
359359 delinquency, and when the total of fees and costs which are due 238
360360 but not paid exceeds $50, the judgment by operation of law 239
361361 process set forth in s. 61.14 (6)(a) shall become applicable and 240
362362 operational. As part of its collection and distribution 241
363363 functions, each the depository shall maintain records listing: 242
364364 1. The obligor's name, address, social security number, 243
365365 place of employment, and any other sources o f income. 244
366366 2. The obligee's name, address, and social security 245
367367 number. 246
368368 3. The amount of support due as provided in the court 247
369369 order. 248
370370 4. The schedule of payment as provided in the court order. 249
371371 5. The actual amount of each support payment received, the 250
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380380 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
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384384 date of receipt, the amount disbursed, and the recipient of the 251
385385 disbursement. 252
386386 6. The unpaid balance of any arrearage due as provided in 253
387387 the court order. 254
388388 7. Other records as necessary to comply with federal 255
389389 reporting requirements. 256
390390 (b) A The depository may require a payor or obligor to 257
391391 complete an information form, which shall request the following 258
392392 about the payor or obligor who provides payment by check: 259
393393 1. Full name, address, and home phone number. 260
394394 2. Driver license number. 261
395395 3. Social security number. 262
396396 4. Name, address, and business phone number of obligor's 263
397397 employer. 264
398398 5. Date of birth. 265
399399 6. Weight and height. 266
400400 7. Such other information as may be required by the State 267
401401 Attorney if prosecution for an insufficient check becomes 268
402402 necessary. 269
403403 270
404404 If a the depository requests such information, and a payor or 271
405405 obligor does not comply, the depository may refuse to accept 272
406406 personal checks from the payor or obligor. 273
407407 (c) Parties using a the depository for support payments 274
408408 must notify shall inform the depository of: 275
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417417 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
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421421 1. Changes in their names or addresses. An obligor shall, 276
422422 additionally, notify the depository of all 277
423423 2. Changes in employment or sources of income, including 278
424424 the payor's name and address ., and 279
425425 3. Changes in the amounts of income received. 280
426426 281
427427 Notification of all changes must shall be made in writing to the 282
428428 depository within 7 days after such of a change. 283
429429 (d) When time-sharing of a child is relinquished by a 284
430430 parent who is entitled to recei ve child support moneys from a 285
431431 the depository to the custody of a licensed or registered long -286
432432 term care child agency, that agency may request from the court 287
433433 an order directing child support payments that would otherwise 288
434434 be distributed to the parent be dist ributed to the agency for 289
435435 the period of time that the child is with the agency. 290
436436 Thereafter, payments shall be distributed to the agency as if 291
437437 the agency were the parent until further order of the court. 292
438438 (4) The depository shall provide to the IV -D agency, at 293
439439 least once a month, a listing of IV -D accounts which identifies 294
440440 all delinquent accounts, the period of delinquency, and total 295
441441 amount of delinquency. The list shall be in alphabetical order 296
442442 by name of obligor, shall include the obligee's name and case 297
443443 number, and shall be provided at no cost to the IV -D agency. 298
444444 (7)(8) Each On or before July 1, 1994, the depository 299
445445 shall provide information required by this chapter to be 300
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454454 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
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458458 transmitted to the Title IV -D agency by online electronic 301
459459 transmission pursuant to rules promulgated by the Title IV -D 302
460460 agency. 303
461461 (9) If the increase in fees as provided by paragraph 304
462462 (2)(b) expires or is otherwise terminated, the depository shall 305
463463 not be required to provide the Title IV -D agency the date 306
464464 provided by a payor as required by s. 61.1301. 307
465465 Section 4. Effective upon this act becoming a law, 308
466466 paragraph (c) of subsection (2) of section 61.30, Florida 309
467467 Statutes, is amended to read: 310
468468 61.30 Child support guidelines; retroactive child 311
469469 support.— 312
470470 (2) Income shall be determined on a monthly basis for each 313
471471 parent as follows: 314
472472 (c) Except for incarceration for willful nonpayment of 315
473473 child support or for an offense against a child or person who is 316
474474 owed child support, Incarceration may not be treated as 317
475475 voluntary unemployment in establishi ng or modifying a support 318
476476 order. However, the court may deviate from the child support 319
477477 guideline amount as provided in paragraph (1)(a). 320
478478 Section 5. Paragraph (a) of subsection (2) of section 321
479479 409.256, Florida Statutes, is amended to read: 322
480480 409.256 Administrative proceeding to establish paternity 323
481481 or paternity and child support; order to appear for genetic 324
482482 testing.— 325
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491491 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
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495495 (2) JURISDICTION; LOCATION OF HEARINGS; RIGHT OF ACCESS TO 326
496496 THE COURTS.— 327
497497 (a) The department may commence a paternity proceeding or 328
498498 a paternity and child support proceeding as provided in 329
499499 subsection (4) if: 330
500500 1. The child's paternity has not been established. 331
501501 2. No one is named as the father on the child's birth 332
502502 certificate or the person named as the father is the putative 333
503503 father named in an affidavit or a written declaration as 334
504504 provided in subparagraph 5. 335
505505 3. The child's mother was unmarried when the child was 336
506506 conceived and born. 337
507507 4. The department is providing services under Title IV -D 338
508508 of the Social Security Act . 339
509509 5. The child's mother or caregiver or a putative father 340
510510 has stated in an affidavit, or in a written declaration as 341
511511 provided in s. 92.525(2), that the putative father is or may be 342
512512 the child's biological father. The affidavit or written 343
513513 declaration must set forth the factual basis for the allegation 344
514514 of paternity as provided in s. 742.12(2). 345
515515 Section 6. Subsection (8) of section 409.2563, Florida 346
516516 Statutes, is amended to read: 347
517517 409.2563 Administrative establishment of child support 348
518518 obligations.— 349
519519 (8)(a) FILING WITH THE CLERK OF THE CIRCUIT COURT; 350
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528528 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
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532532 OFFICIAL PAYMENT RECORD; JUDGMENT BY OPERATION OF LAW. —The 351
533533 department shall file with the clerk of the circuit court a copy 352
534534 of an administrative support order rendered under this section. 353
535535 The depository operated pursuant to s. 61.1 81 for the county 354
536536 where the administrative support order has been filed must do 355
537537 all of the following shall: 356
538538 1.(a) Act as the official recordkeeper for payments 357
539539 required under the administrative support order .; 358
540540 2.(b) Establish and maintain the necessary payment 359
541541 accounts.; 360
542542 3.(c) Upon a delinquency, initiate the judgment by 361
543543 operation of law procedure as provided by s. 61.14(6) .; and 362
544544 4.(d) Perform all other duties required of a depository 363
545545 with respect to a support order entered by a court of this 364
546546 state. 365
547547 (b) When a proceeding to establish an administrative 366
548548 support order is commenced under subsection (4), the department 367
549549 shall file a copy of the initial notice with the depository for 368
550550 the county where the proceeding is filed . The depository shall 369
551551 assign an account number and provide the account number to the 370
552552 department within 4 business days after the initial notice is 371
553553 filed. 372
554554 (c) If the department receives a payment record from a 373
555555 Title IV-D agency or a court outside this state, as defined in 374
556556 s. 88.1011, and the payment record shows that the obligor made a 375
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565565 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
566566
567567
568568
569569 payment in that state pursuant to an administrative support 376
570570 order rendered by the department, the department must file the 377
571571 payment record with the appropriate clerk of the circuit court. 378
572572 The clerk of the circuit court shall review the payment record, 379
573573 update the clerk's payment accounts, and apply a credit for 380
574574 payments made to the other state for which the clerk has not 381
575575 previously provided credit. If the payment record from the other 382
576576 state indicates that th e obligor has made payments that are not 383
577577 reflected in the clerk's payment accounts, the clerk must credit 384
578578 the account in the amount of the payment made to the other 385
579579 state. Any party to the administrative proceeding may dispute 386
580580 the application of credit in a subsequent proceeding concerning 387
581581 payment under the administrative support order. 388
582582 Section 7. Paragraph (d) of subsection (1) of section 389
583583 61.13, Florida Statutes, is amended to read: 390
584584 61.13 Support of children; parenting and time -sharing; 391
585585 powers of court.— 392
586586 (1) 393
587587 (d)1. All child support orders shall provide the full name 394
588588 and date of birth of each minor child who is the subject of the 395
589589 child support order. 396
590590 2. If both parties request and the court finds that it is 397
591591 in the best interest of the child, suppo rt payments need not be 398
592592 subject to immediate income deduction. Support orders that are 399
593593 not subject to immediate income deduction may be directed 400
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602602 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
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606606 through the depository under s. 61.181 or made payable directly 401
607607 to the obligee. Payments made by immediate inco me deduction 402
608608 shall be made to the State Disbursement Unit. The court shall 403
609609 provide a copy of the order to the depository. 404
610610 3. For support orders payable directly to the obligee, any 405
611611 party may subsequently file an affidavit with the depository 406
612612 alleging a default in payment of child support and stating that 407
613613 the party wishes to require that payments be made through the 408
614614 depository. The party shall provide copies of the affidavit to 409
615615 the court and to each other party. Fifteen days after receipt of 410
616616 the affidavit, the depository shall notify all parties that 411
617617 future payments shall be paid through the depository, except 412
618618 that payments in Title IV -D cases and income deduction payments 413
619619 shall be made to the State Disbursement Unit. In Title IV -D 414
620620 cases, an affidavit of de fault or a default in payments is not 415
621621 required to receive depository services. Upon notice by the 416
622622 department that it is providing Title IV -D services in a case 417
623623 with an existing support order, the depository shall transmit 418
624624 case data through, and set up appr opriate payment accounts in, 419
625625 regardless of whether there is a delinquency, the Clerk of the 420
626626 Court Child Support Enforcement Collection System as required 421
627627 under s. 61.181(2)(b)1. s. 61.181(2)(b). 422
628628 Section 8. Section 61.1811, Florida Statutes, is amended 423
629629 to read: 424
630630 61.1811 Clerk of the Court Child Support Enforcement 425
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639639 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
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643643 Collection System Trust Fund. —There is hereby created the Clerk 426
644644 of the Court Child Support Enforcement Collection System Trust 427
645645 Fund to be used to deposit the department's share of the fees 428
646646 generated in s. 61.181(2)(b)1. s. 61.181(2)(b). 429
647647 Section 9. Subsection (2) of section 61.1814, Florida 430
648648 Statutes, is amended to read: 431
649649 61.1814 Child Support Enforcement Application and Program 432
650650 Revenue Trust Fund.— 433
651651 (2) With the exception of fees required to be deposited in 434
652652 the Clerk of the Court Child Support Enforcement Collection 435
653653 System Trust Fund under s. 61.181(2)(b)1. s. 61.181(2)(b) and 436
654654 collections determined to be undistributable or unidentifiable 437
655655 under s. 409.2558, the fund shall be used for the deposit of 438
656656 Title IV-D program income received by the department. Each type 439
657657 of program income received must shall be accounted for 440
658658 separately. Program income received by the department includes, 441
659659 but is not limited to , all of the following : 442
660660 (a) Application fees of nonpublic assistance applicants 443
661661 for child support enforcement services .; 444
662662 (b) Court-ordered costs recovered from child support 445
663663 obligors.; 446
664664 (c) Interest on child support collections .; 447
665665 (d) The balance of the fee fees received under s. 448
666666 61.181(2)(b)3. s. 61.181(2)(a) on non-Title IV-D cases required 449
667667 to be processed through the State Disbursement Unit after the 450
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676676 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
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680680 clerk's share is paid .; 451
681681 (e) Fines imposed under ss. 409.256(7)(b), 409.2564(7), 452
682682 and 409.2578.; and 453
683683 (f) The annual fee required under s. 409.2567. 454
684684 Section 10. Except as otherwise expressly provided in this 455
685685 act and except for this section, which shall take effect upon 456
686686 this act becoming a law, this act shall take effect July 1, 457
687687 2023. 458