[Footnote 1] 61.181 Central depository for
receiving, recording, reporting, monitoring, and disbursing alimony, support,
maintenance, and child support payments; fees. ---
(1) The office of the clerk of the court shall operate a
depository unless the depository is otherwise created by special act of the
Legislature or unless, prior to June 1, 1985, a different entity was
established to perform such functions.
(2)
(a) The depository shall impose and collect a fee on each payment
made for receiving, recording, reporting, disbursing, monitoring, or handling
alimony or child support payments as required under this section, which fee
shall be a flat fee based, to the extent practicable, upon estimated
reasonable costs of operation. The fee shall be reduced in any case in which
the fixed fee results in a charge to any party of an amount greater than 3
percent of the amount of any support payment made in satisfaction of the
amount which the party is obligated to pay, except that no fee shall be less
than $1 nor more than $5 per payment made. The fee shall be considered by the
court in determining the amount of support that the obligor is, or may be,
required to pay.
(b)
1. For the period of July 1, 1992, through June 30, 1997, the fee
imposed in paragraph (a) shall be increased to 4 percent of the support
payments which the party is obligated to pay, except that no fee shall be less
than $1.25 nor more than $5.25. The fee shall be considered by the court in
determining the amount of support that the obligor is, or may be, required to
pay. Notwithstanding the provisions of s. 145.022, 75 percent of the
additional revenues generated by this paragraph shall be remitted monthly to
the Clerk of the Court Child Support Enforcement Collection System Trust Fund
administered by the department as provided in subparagraph 2. These funds
shall be used exclusively for the development, implementation, and operation
of an automated child support enforcement collections system to be operated by
the depositories. The department shall contract with the Florida Association
of Court Clerks and Comptrollers and the depositories to design, establish,
operate, upgrade, and maintain the automation of the depositories to include,
but not be limited to, the provision of on-line electronic transfer of
information to the IV-D agency as otherwise required by this chapter.
2. The moneys remitted to the department by the depository shall be
calculated as follows:
a. For each support payment of less than $33, 18.75 cents.
b. For each support payment between $33 and $140, an amount equal
to 18.75 percent of the fee charged.
c. For each support payment in excess of $140, 18.75
cents.
3. Prior to June 30, 1995, the depositories and the department shall
provide the Legislature with estimates of the cost of continuing the
collection and maintenance of information required by this
act.
(3)
(a) The depository shall collect and distribute all support payments
paid into the depository to the appropriate party. As part of its collection
and distribution functions, the depository shall maintain records listing:
1. The obligor's name, address, social security number, place of
employment, and any other sources of income.
2. The obligee's name, address, and social security number.
3. The amount of support due as provided in the court order.
4. The schedule of payment as provided in the court order.
5. The actual amount of each support payment received, the date of
receipt, the amount disbursed, and the recipient of the disbursement.
6. The unpaid balance of any arrearage due as provided in the court
order.
7. Other records as necessary to comply with federal reporting
requirements.
(b) The depository may require a payor or obligor to complete an
information form, which shall request the following about the payor or obligor
who provides payment by check:
1. Full name, address, and home phone number.
2. Driver's license number.
3. Social security number.
4. Name, address, and business phone number of obligor's
employer.
5. Date of birth.
6. Weight and height.
7. Such other information as may be required by the State Attorney
if prosecution for an insufficient check becomes necessary.
If the depository requests such information, and a payor or obligor does
not comply, the depository may refuse to accept personal checks from the payor
or obligor.
(c) Parties using the depository for support payments shall inform
the depository of changes in their names or addresses. An obligor shall,
additionally, notify the depository of all changes in employment or sources of
income, including the payor's name and address, and changes in the amounts of
income received. Notification of all changes shall be made in writing to the
depository within 7 days of a change.
(4) The depository shall provide to the IV-D agency, at least
once a month, a listing of IV-D accounts which identifies all delinquent
accounts, the period of delinquency, and total amount of delinquency. The
list shall be in alphabetical order by name of obligor, shall include the
obligee's name and case number, and shall be provided at no cost to the IV-D
agency.
(5) The depository shall accept a support payment tendered in the
form of a check drawn on the account of a payor or obligor, unless the payor
or obligor has previously remitted a check which was returned to the
depository due to lack of sufficient funds in the account. If the payor or
obligor has had a check returned for this reason, the depository shall accept
payment by cash, cashier's check, or money order, or may accept a check upon
deposit by the payor or obligor of an amount equal to 1 month's payment. Upon
payment by cash, cashier's check, or money order, the depository shall
disburse the proceeds to the obligee within 2 working days. Payments drawn by
check on the account of a payor or obligor shall be disbursed within 4 working
days. Notwithstanding the provisions of s. 28.243, the administrator of the
depository shall not be personally liable if the check tendered by the payor
or obligor is not paid by the bank.
(6) Certified copies of payment records maintained by a
depository shall without further proof be admitted into evidence in any legal
proceeding in this state.
(7) The depository shall provide to the Title IV-D agency the
date provided by a payor, as required in s. 61.1301, for each payment received
and forwarded to the agency. If no date is provided by the payor, the
depository shall provide the date of receipt by the depository and shall
report to the Title IV-D agency those payors who fail to provide the date the
deduction was made.
(8) On or before July 1, 1994, the depository shall provide
information required by this chapter to be transmitted to the Title IV-D
agency by on-line electronic transmission pursuant to rules promulgated by the
Title IV-D agency.
(9) If the increase in fees as provided by paragraph (2)(b)
expires or is otherwise terminated, the depository shall not be required to
provide the Title IV-D agency the date provided by a payor as required by s.
61.1301.
(10) Compliance with the requirements of this section shall be
included as part of the annual county audit required pursuant to s.
11.45.
History: s. 1, ch. 73-112; s. 1, ch. 75-148; s. 4, ch. 84-110; s. 5, ch. 85-178;
s. 126, ch. 86-220; s. 1, ch. 87-358; s. 24, ch. 88-176; s. 3, ch. 89-183; s.
9, ch. 92-138; s. 14, ch. 93-208.
[Footnote 1] Note. Section 1(7), ch. 94-124, provides that
"nothing in this section shall be construed to modify or amend the
operation of the central depository in each county pursuant to s. 61.181,
Florida Statutes."