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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
An act relating to child support; amending s. 61.046, 2
F.S.; revising the definition of the term 3
"depository"; amending s. 61.13016, F.S.; authorizing 4
deferral of support payments for an obligor's good 5
faith job training efforts; amending s. 61.181, F.S.; 6
requiring a depository to impose and collect a fee on 7
certain cases; providing a minimum and maximum amount 8
for the fee; removing language relating to the State 9
Disbursement Unit collecting fees; specifying how such 10
fee must be distributed; requiring certain moneys to 11
be remitted to the Department of Children and Families 12
at specified intervals; removing requirements for a 13
depository to provide certain i nformation to the Title 14
IV-D agency; conforming provisions to changes made by 15
the act; removing obsolete language; making technical 16
changes; amending s. 61.30, F.S.; removing exceptions 17
relating to incarceration when establishing or 18
modifying a support ord er; amending s. 409.256, F.S.; 19
authorizing a child's caregiver to provide an 20
affidavit or a written declaration regarding a 21
putative father; amending s. 409.2563, F.S.; requiring 22
the department to file a certain payment record with 23
the clerk of the circuit court; requiring the clerk of 24
the circuit court to update certain information and 25
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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
apply credits under certain circumstances; authorizing 26
a party to dispute the application of a credit in a 27
subsequent proceeding; amending ss. 61.13, 61.1811, 28
and 61.1814, F.S.; conforming cross -references; 29
providing effective dates. 30
31
Be It Enacted by the Legislature of the State of Florida: 32
33
Section 1. Subsection (4) of section 61.046, Florida 34
Statutes, is amended to read: 35
61.046 Definitions. —As used in this chapte r, the term: 36
(4) "Depository" means a the central governmental 37
depository established by the clerk of the circuit court in each 38
county pursuant to s. 61.181 , created by special act of the 39
Legislature or other entity established before June 1, 1985, to 40
perform depository functions and to receive, record, report, 41
disburse, monitor, and otherwise handle alimony and child 42
support payments not otherwise required to be processed by the 43
State Disbursement Unit. 44
Section 2. Paragraph (c) of subsection (1) of s ection 45
61.13016, Florida Statutes, is amended to read: 46
61.13016 Suspension of driver licenses and motor vehicle 47
registrations.— 48
(1) The driver license and motor vehicle registration of a 49
support obligor who is delinquent in payment or who has failed 50
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to comply with subpoenas or a similar order to appear or show 51
cause relating to paternity or support proceedings may be 52
suspended. When an obligor is 15 days delinquent making a 53
payment in support or failure to comply with a subpoena, order 54
to appear, order to show cause, or similar order in IV -D cases, 55
the Title IV-D agency may provide notice to the obligor of the 56
delinquency or failure to comply with a subpoena, order to 57
appear, order to show cause, or similar order and the intent to 58
suspend by regular Unit ed States mail that is posted to the 59
obligor's last address of record with the Department of Highway 60
Safety and Motor Vehicles. When an obligor is 15 days delinquent 61
in making a payment in support in non -IV-D cases, and upon the 62
request of the obligee, the depository or the clerk of the court 63
must provide notice to the obligor of the delinquency and the 64
intent to suspend by regular United States mail that is posted 65
to the obligor's last address of record with the Department of 66
Highway Safety and Motor Vehic les. In either case, the notice 67
must state: 68
(c) That notification will be given to the Department of 69
Highway Safety and Motor Vehicles to suspend the obligor's 70
driver license and motor vehicle registration unless, within 20 71
days after the date that the n otice is mailed, the obligor: 72
1.a. Pays the delinquency in full and any other costs and 73
fees accrued between the date of the notice and the date the 74
delinquency is paid; 75
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b. Enters into a written agreement for payment with the 76
obligee in non-IV-D cases or with the Title IV -D agency in IV-D 77
cases; or in IV-D cases, complies with a subpoena or order to 78
appear, order to show cause, or a similar order, which may 79
include a reasonable period of payment deferral to accommodate 80
an obligor's good faith job -seeking or job training efforts; 81
c. Files a petition with the circuit court to contest the 82
delinquency action; 83
d. Demonstrates that he or she receives reemployment 84
assistance or unemployment compensation pursuant to chapter 443; 85
e. Demonstrates that he or she is disabled and incapable 86
of self-support or that he or she receives benefits under the 87
federal Supplemental Security Income program or Social Security 88
Disability Insurance program; 89
f. Demonstrates that he or she receives temporary cash 90
assistance pursuant to chapter 414; or 91
g. Demonstrates that he or she is making payments in 92
accordance with a confirmed bankruptcy plan under chapter 11, 93
chapter 12, or chapter 13 of the United States Bankruptcy Code, 94
11 U.S.C. ss. 101 et seq.; and 95
2. Pays any applicable delinquency fees. 96
97
If an obligor in a non -IV-D case enters into a written agreement 98
for payment before the expiration of the 20 -day period, the 99
obligor must provide a copy of the signed written agreement to 100
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the depository or the clerk of the court . If an obligor seeks to 101
satisfy sub-subparagraph 1.d., sub -subparagraph 1.e., sub -102
subparagraph 1.f., or sub -subparagraph 1.g. before expiration of 103
the 20-day period, the obligor must provide the applicable 104
documentation or proof to the depository or the c lerk of the 105
court. 106
Section 3. Subsections (5) through (8) and (10) of section 107
61.181, Florida Statutes, are renumbered as subsections (4) 108
through (7) and (9), respectively, and present subsections (1), 109
(2), (3), (4), (8), and (9) of that section are am ended to read: 110
61.181 Depositories Depository for alimony transactions, 111
support, maintenance, and support payments; fees. — 112
(1)(a) The office of the clerk of the court in each county 113
shall operate a depository unless the depository is otherwise 114
created by special act of the Legislature or unless, prior to 115
June 1, 1985, a different entity was established to perform such 116
functions. The department shall , no later than July 1, 1998, 117
extend participation in the federal child support cost 118
reimbursement program to the central depository in each county, 119
to the maximum extent allowable possible under existing federal 120
law. Each The depository shall receive reimbursement for 121
services provided under a cooperative agreement with the 122
department pursuant to s. 61.1826. Each depository shall 123
participate in the State Disbursement Unit and shall implement 124
all statutory and contractual duties imposed on the State 125
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Disbursement Unit. Each depository shall receive from and 126
transmit to the State Disbursement Unit required data t hrough 127
the Clerk of Court Child Support Enforcement Collection System. 128
Payments on non-Title IV-D cases without income deduction orders 129
shall not be sent to the State Disbursement Unit. 130
(b) Upon request by the department, each the depository 131
operated under created pursuant to paragraph (a) shall establish 132
an account for the receipt and disbursement of support payments 133
for Title IV-D interstate cases. The department shall provide a 134
copy of the other state's order with the request, and each the 135
depository shall advise the department of the account number in 136
writing within 4 business days after receipt of the request. 137
(2)(a) Each depository shall impose and collect a fee for 138
payments not required to be processed through the State 139
Disbursement Unit, the depo sitory shall impose and collect a fee 140
on each payment made for receiving, recording, reporting, 141
disbursing, monitoring, or handling alimony or child support 142
payments as required under this section. for non-Title IV-D 143
cases required to be processed by the S tate Disbursement Unit 144
pursuant to this chapter, the State Disbursement Unit shall, on 145
each payment received, collect a fee, and shall transmit to the 146
depository in which the case is located 40 percent of such 147
service charge for the depository's administra tion, management, 148
and maintenance of such case . If a payment is made to the State 149
Disbursement Unit which is not accompanied by the required fee, 150
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the State Disbursement Unit shall not deduct any moneys from the 151
support payment for payment of the fee. The f ee shall be a flat 152
fee based, to the extent practicable, upon estimated reasonable 153
costs of operation. The fee is 4 shall be reduced in any case in 154
which the fixed fee results in a charge to any party of an 155
amount greater than 3 percent of the amount of an y support 156
payment made in satisfaction of the amount which the party is 157
obligated to pay, except that a no fee may not shall be less 158
than $1 or nor more than $5.25 $5 per payment made. The fee must 159
shall be considered by the court in determining the amount of 160
support that the obligor is, or may be, required to pay. A fee 161
may not be imposed on payments for Title IV -D cases. 162
(b)1. The fee imposed in paragraph (a) shall be increased 163
to 4 percent of the sup port payments which the party is 164
obligated to pay, except that no fee shall be more than $5.25. 165
The fee shall be considered by the court in determining the 166
amount of support that the obligor is, or may be, required to 167
pay. Notwithstanding the provisions of s. 145.022, the fee 168
imposed under paragraph (a) shall be distributed as follows: 169
1. To 75 percent of the additional revenues generated by 170
this paragraph shall be remitted monthly to the Clerk of the 171
Court Child Support Enforcement Collection System Trus t Fund, 172
calculated as follows: 173
a. For each support payment of less than $33, 18.75 cents. 174
b. For each support payment of at least $33 but not more 175
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than $140, an amount equal to 75 percent of the difference 176
between 4 percent of the support payment amoun t, not to exceed 177
$5.25, and 3 percent of the support payment amount, not to 178
exceed $5. 179
c. For each support payment in excess of $140, 18.75 cents 180
administered by the department as provided in subparagraph 2 . 181
182
These funds shall be used exclusively for the development, 183
implementation, and operation of the Clerk of the Court Child 184
Support Enforcement Collection System to be operated by the 185
depositories, including the automation of civil case information 186
necessary for the State Case Registry. The department s hall 187
contract with the Florida Association of Court Clerks and the 188
depositories to design, establish, operate, upgrade, and 189
maintain the automation of the depositories to include, but not 190
be limited to, the provision of online electronic transfer of 191
information to the IV-D agency as otherwise required by this 192
chapter. The department's obligation to fund the automation of 193
the depositories is limited to the state share of funds 194
available in the Clerk of the Court Child Support Enforcement 195
Collection System Tr ust Fund. Each depository created under this 196
section must shall fully participate in the Clerk of the Court 197
Child Support Enforcement Collection System and transmit data in 198
a readable format as required by the contract between the 199
Florida Association of Co urt Clerks and the department. 200
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2. For support payments not processed through the State 201
Disbursement Unit, the clerk of the court shall retain the 202
balance of the fee imposed under paragraph (a) for receiving, 203
recording, reporting, disbursing, monitoring, or handling 204
support payments as required under this section Moneys to be 205
remitted to the department by the depository shall be done daily 206
by electronic funds transfer and calculated as follows: 207
a. For each support payment of less than $33, 18.75 cents. 208
b. For each support payment between $33 and $140, an 209
amount equal to 18.75 percent of the fee charged. 210
c. For each support payment in excess of $140, 18.75 211
cents. 212
3. For support payments processed through the State 213
Disbursement Unit, the clerk of the court shall retain 40 214
percent of the fee imposed under paragraph (a) for the 215
depository's administration, management, and maintenance of each 216
case. After retaining 40 percent of the fee imposed under 217
paragraph (a) and paying the amount due to the Clerk of the 218
Court Child Support Enforcement Collection System Trust Fund, 219
the clerk of the court shall transmit the balance of the fee to 220
the department, which shall be treated as program income under 221
s. 61.1814(2). 222
(c) Each depository must remit moneys due to t he 223
department under subparagraphs (b)1. and 3. at least monthly as 224
required under s. 28.245. 225
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(d) The fees established by this section shall be set 226
forth and included in every order of support entered by a court 227
of this state which requires payment to be made into a the 228
depository. 229
(3)(a) For payments not required to be processed through 230
the State Disbursement Unit, a the depository shall collect and 231
distribute all support payments paid into the depository to the 232
appropriate party. On or after July 1, 19 98, If a payment is 233
made on a Title IV-D case which is not accompanied by the 234
required transaction fee, a the depository may shall not deduct 235
any moneys from the support payment for payment of the fee. 236
Nonpayment of the required fee is shall be considered a 237
delinquency, and when the total of fees and costs which are due 238
but not paid exceeds $50, the judgment by operation of law 239
process set forth in s. 61.14(6)(a) shall become applicable and 240
operational. As part of its collection and distribution 241
functions, each the depository shall maintain records listing: 242
1. The obligor's name, address, social security number, 243
place of employment, and any other sources of income. 244
2. The obligee's name, address, and social security 245
number. 246
3. The amount of support due as provided in the court 247
order. 248
4. The schedule of payment as provided in the court order. 249
5. The actual amount of each support payment received, the 250
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date of receipt, the amount disbursed, and the recipient of the 251
disbursement. 252
6. The unpaid balance of any arrearage due as provided in 253
the court order. 254
7. Other records as necessary to comply with federal 255
reporting requirements. 256
(b) A The depository may require a payor or obligor to 257
complete an information form, which shall re quest the following 258
about the payor or obligor who provides payment by check: 259
1. Full name, address, and home phone number. 260
2. Driver license number. 261
3. Social security number. 262
4. Name, address, and business phone number of obligor's 263
employer. 264
5. Date of birth. 265
6. Weight and height. 266
7. Such other information as may be required by the State 267
Attorney if prosecution for an insufficient check becomes 268
necessary. 269
270
If a the depository requests such information, and a payor or 271
obligor does not comply, the depository may refuse to accept 272
personal checks from the payor or obligor. 273
(c) Parties using a the depository for support payments 274
must notify shall inform the depository of: 275
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1. Changes in their names or addresses. An obligor shall, 276
additionally, notify the depository of all 277
2. Changes in employment or sources of income, including 278
the payor's name and address ., and 279
3. Changes in the amounts of income received. 280
281
Notification of all changes must shall be made in writing to the 282
depository within 7 days after such of a change. 283
(d) When time-sharing of a child is relinquished by a 284
parent who is entitled to receive child support moneys from a 285
the depository to the custody of a licensed or registered long -286
term care child agency, that agency may reque st from the court 287
an order directing child support payments that would otherwise 288
be distributed to the parent be distributed to the agency for 289
the period of time that the child is with the agency. 290
Thereafter, payments shall be distributed to the agency as if 291
the agency were the parent until further order of the court. 292
(4) The depository shall provide to the IV -D agency, at 293
least once a month, a listing of IV -D accounts which identifies 294
all delinquent accounts, the period of delinquency, and total 295
amount of delinquency. The list shall be in alphabetical order 296
by name of obligor, shall include the obligee's name and case 297
number, and shall be provided at no cost to the IV -D agency. 298
(7)(8) Each On or before July 1, 1994, the depository 299
shall provide informat ion required by this chapter to be 300
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transmitted to the Title IV -D agency by online electronic 301
transmission pursuant to rules promulgated by the Title IV -D 302
agency. 303
(9) If the increase in fees as provided by paragraph 304
(2)(b) expires or is otherwise terminat ed, the depository shall 305
not be required to provide the Title IV -D agency the date 306
provided by a payor as required by s. 61.1301. 307
Section 4. Effective upon this act becoming a law, 308
paragraph (c) of subsection (2) of section 61.30, Florida 309
Statutes, is amended to read: 310
61.30 Child support guidelines; retroactive child 311
support.— 312
(2) Income shall be determined on a monthly basis for each 313
parent as follows: 314
(c) Except for incarceration for willful nonpayment of 315
child support or for an offense against a child or person who is 316
owed child support, Incarceration may not be treated as 317
voluntary unemployment in establishing or modifying a support 318
order. However, the court may deviate from the child support 319
guideline amount as provided in paragraph (1)(a). 320
Section 5. Paragraph (a) of subsection (2) of section 321
409.256, Florida Statutes, is amended to read: 322
409.256 Administrative proceeding to establish paternity 323
or paternity and child support; order to appear for genetic 324
testing.— 325
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(2) JURISDICTION; LOCATION OF HEARINGS; RIGHT OF ACCESS TO 326
THE COURTS.— 327
(a) The department may commence a paternity proceeding or 328
a paternity and child support proceeding as provided in 329
subsection (4) if: 330
1. The child's paternity has not been establis hed. 331
2. No one is named as the father on the child's birth 332
certificate or the person named as the father is the putative 333
father named in an affidavit or a written declaration as 334
provided in subparagraph 5. 335
3. The child's mother was unmarried when the c hild was 336
conceived and born. 337
4. The department is providing services under Title IV -D 338
of the Social Security Act . 339
5. The child's mother or caregiver or a putative father 340
has stated in an affidavit, or in a written declaration as 341
provided in s. 92.525(2 ), that the putative father is or may be 342
the child's biological father. The affidavit or written 343
declaration must set forth the factual basis for the allegation 344
of paternity as provided in s. 742.12(2). 345
Section 6. Subsection (8) of section 409.2563, Fl orida 346
Statutes, is amended to read: 347
409.2563 Administrative establishment of child support 348
obligations.— 349
(8)(a) FILING WITH THE CLERK OF THE CIRCUIT COURT; 350
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OFFICIAL PAYMENT RECORD; JUDGMENT BY OPERATION OF LAW. —The 351
department shall file with the clerk of the circuit court a copy 352
of an administrative support order rendered under this section. 353
The depository operated pursuant to s. 61.181 for the county 354
where the administrative support order has been filed must do 355
all of the following shall: 356
1.(a) Act as the official recordkeeper for payments 357
required under the administrative support order .; 358
2.(b) Establish and maintain the necessary payment 359
accounts.; 360
3.(c) Upon a delinquency, initiate the judgment by 361
operation of law procedure as provided by s. 61. 14(6).; and 362
4.(d) Perform all other duties required of a depository 363
with respect to a support order entered by a court of this 364
state. 365
(b) When a proceeding to establish an administrative 366
support order is commenced under subsection (4), the department 367
shall file a copy of the initial notice with the depository for 368
the county where the proceeding is filed . The depository shall 369
assign an account number and provide the account number to the 370
department within 4 business days after the initial notice is 371
filed. 372
(c) If the department receives a payment record from a 373
Title IV-D agency or a court outside this state, as defined in 374
s. 88.1011, and the payment record shows that the obligor made a 375
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payment in that state pursuant to an administrative support 376
order rendered by the department, the department must file the 377
payment record with the appropriate clerk of the circuit court. 378
The clerk of the circuit court shall review the payment record, 379
update the clerk's payment accounts, and apply a credit for 380
payments made to the other state for which the clerk has not 381
previously provided credit. If the payment record from the other 382
state indicates that the obligor has made payments that are not 383
reflected in the clerk's payment accounts, the clerk must credit 384
the account in the amount of the payment made to the other 385
state. Any party to the administrative proceeding may dispute 386
the application of credit in a subsequent proceeding concerning 387
payment under the administrative support order. 388
Section 7. Paragraph (d) of subsec tion (1) of section 389
61.13, Florida Statutes, is amended to read: 390
61.13 Support of children; parenting and time -sharing; 391
powers of court.— 392
(1) 393
(d)1. All child support orders shall provide the full name 394
and date of birth of each minor child who is the s ubject of the 395
child support order. 396
2. If both parties request and the court finds that it is 397
in the best interest of the child, support payments need not be 398
subject to immediate income deduction. Support orders that are 399
not subject to immediate income de duction may be directed 400
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through the depository under s. 61.181 or made payable directly 401
to the obligee. Payments made by immediate income deduction 402
shall be made to the State Disbursement Unit. The court shall 403
provide a copy of the order to the depository. 404
3. For support orders payable directly to the obligee, any 405
party may subsequently file an affidavit with the depository 406
alleging a default in payment of child support and stating that 407
the party wishes to require that payments be made through the 408
depository. The party shall provide copies of the affidavit to 409
the court and to each other party. Fifteen days after receipt of 410
the affidavit, the depository shall notify all parties that 411
future payments shall be paid through the depository, except 412
that payments in Title IV-D cases and income deduction payments 413
shall be made to the State Disbursement Unit. In Title IV -D 414
cases, an affidavit of default or a default in payments is not 415
required to receive depository services. Upon notice by the 416
department that it is p roviding Title IV-D services in a case 417
with an existing support order, the depository shall transmit 418
case data through, and set up appropriate payment accounts in, 419
regardless of whether there is a delinquency, the Clerk of the 420
Court Child Support Enforceme nt Collection System as required 421
under s. 61.181(2)(b)1. s. 61.181(2)(b). 422
Section 8. Section 61.1811, Florida Statutes, is amended 423
to read: 424
61.1811 Clerk of the Court Child Support Enforcement 425
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Collection System Trust Fund. —There is hereby created the Clerk 426
of the Court Child Support Enforcement Collection System Trust 427
Fund to be used to deposit the department's share of the fees 428
generated in s. 61.181(2)(b)1. s. 61.181(2)(b). 429
Section 9. Subsection (2) of section 61.1814, Florida 430
Statutes, is amended to read: 431
61.1814 Child Support Enforcement Application and Program 432
Revenue Trust Fund.— 433
(2) With the exception of fees required to be deposited in 434
the Clerk of the Court Child Support Enforcement Collection 435
System Trust Fund under s. 61.181(2)(b)1. s. 61.181(2)(b) and 436
collections determined to be undistributable or unidentifiable 437
under s. 409.2558, the fund shall be used for the deposit of 438
Title IV-D program income received by the department. Each type 439
of program income received must shall be accounted for 440
separately. Program income received by the department includes, 441
but is not limited to , all of the following : 442
(a) Application fees of nonpublic assistance applicants 443
for child support enforcement services .; 444
(b) Court-ordered costs recovered from child support 445
obligors.; 446
(c) Interest on child support collections .; 447
(d) The balance of the fee fees received under s. 448
61.181(2)(b)3. s. 61.181(2)(a) on non-Title IV-D cases required 449
to be processed through the State Disbursement Unit after the 450
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clerk's share is paid .; 451
(e) Fines imposed under ss. 409.256(7)(b), 409.2564(7), 452
and 409.2578.; and 453
(f) The annual fee required under s. 409.2567. 454
Section 10. Except as otherwise expressly provided in this 455
act and except for this section, which shal l take effect upon 456
this act becoming a law, this act shall take effect July 1, 457
2023. 458