(1) An obligee may petition the court which entered the support order or the court which is enforcing the support order for an order to suspend or deny the license or certificate issued pursuant to chapters 409, 455, 456, 559, and 1012 of any obligor with a delinquent support obligation. However, no petition may be filed until the obligee has exhausted all other available remedies. The purpose of this section is to promote the public policy of s. 409.2551.
(2) The obligee shall give notice to any obligor when a delinquency exists in the support obligation. The notice shall specify that the obligor has 30 days from the date on which service of the notice is complete to pay the delinquency or to reach an agreement with the obligee to pay the delinquency. The notice shall specify that, if payment is not made or an agreement cannot be reached, the license or certificate may be denied or suspended pursuant to a court order.
(3) If a delinquency exists and the obligor fails to pay the delinquency or to reach an agreement to pay the delinquency within 30 days following completion of service of the notice of the delinquency, the obligee shall send a second notice to the obligor stating that the obligor has 30 days to pay the delinquency or reach an agreement with the obligee to pay the delinquency. If the obligor fails to respond to either notice from the obligee or if the obligor fails to pay the delinquency or to reach an agreement to pay the delinquency after the second notice, the obligee may petition the court to deny the application for the license or certificate or to suspend the license or certificate of the obligor. The court may find that it would be inappropriate to deny or suspend a license or certificate if:
(a) Denial or suspension would result in irreparable harm to the obligor or employees of the obligor or would not accomplish the objective of collecting the delinquency; or
(b) The obligor demonstrates that he or she has made a good faith effort to reach an agreement with the obligee.
The court may not deny or suspend a license or certificate if the court determines that an alternative remedy is available to the obligee which is likely to accomplish the objective of collecting the delinquency. If the obligor fails in the defense of a petition for denial or suspension, the court which entered the support order or the court which is enforcing the support order shall enter an order to deny the application for the license or certificate or to suspend the license or certificate of the obligor. In the case of suspension, the court shall order the obligor to surrender the certificate or license to the department or to the licensing board which issued the license or certificate. In the case of denial, the court shall order the appropriate department or licensing board to deny the application.
(4) If the court denies or suspends a license or certificate and the obligor subsequently pays the delinquency or reaches an agreement with the obligee to settle the delinquency and makes the first payment required by the agreement, the license or certificate shall be issued or reinstated upon written proof to the court that the obligor has complied with the court order. Proof of payment shall consist of a certified copy of the payment record issued by the depository. The court shall order the appropriate department or licensing board to issue or reinstate the license or certificate without additional charge to the obligor.
(5) Notice shall be served under this section by mailing it by certified mail, return receipt requested, to the obligor at his or her last address of record with the local depository. If the obligor has no address of record with the local depository, or if the last address of record with the local depository is incorrect, service shall be by publication as provided in chapter 49. When service of the notice is made by mail, service is complete upon the receipt of the notice by the obligor.
History.—s. 2, ch. 93-208; s. 323, ch. 95-147; s. 1, ch. 2000-160; s. 6, ch. 2001-158; s. 886, ch. 2002-387.
Structure Florida Statutes
Title VI - Civil Practice and Procedure
Chapter 61 - Dissolution of Marriage; Support; Time-Sharing
Part I - General Provisions (Ss. 61.001-61.45)
61.011 - Dissolution in chancery.
61.021 - Residence requirements.
61.031 - Dissolution of marriage to be a vinculo.
61.044 - Certain existing defenses abolished.
61.052 - Dissolution of marriage.
61.061 - Proceedings against nonresidents.
61.071 - Alimony pendente lite; suit money.
61.075 - Equitable distribution of marital assets and liabilities.
61.076 - Distribution of retirement plans upon dissolution of marriage.
61.077 - Determination of entitlement to setoffs or credits upon sale of marital home.
61.079 - Premarital agreements.
61.09 - Alimony and child support unconnected with dissolution.
61.12 - Attachment or garnishment of amounts due for alimony or child support.
61.125 - Parenting coordination.
61.13 - Support of children; parenting and time-sharing; powers of court.
61.13001 - Parental relocation with a child.
61.13003 - Court-ordered electronic communication between a parent and a child.
61.1301 - Income deduction orders.
61.13015 - Petition for suspension or denial of professional licenses and certificates.
61.13016 - Suspension of driver licenses and motor vehicle registrations.
61.1354 - Sharing of information between consumer reporting agencies and the IV-D agency.
61.14 - Enforcement and modification of support, maintenance, or alimony agreements or orders.
61.16 - Attorney’s fees, suit money, and costs.
61.18 - Alimony and child support; default in undertaking of bond posted to ensure payment.
61.181 - Depository for alimony transactions, support, maintenance, and support payments; fees.
61.1811 - Clerk of the Court Child Support Enforcement Collection System Trust Fund.
61.1812 - Child Support Incentive Trust Fund.
61.1814 - Child Support Enforcement Application and Program Revenue Trust Fund.
61.1816 - Child Support Clearing Trust Fund.
61.1824 - State Disbursement Unit.
61.1825 - State Case Registry.
61.183 - Mediation of certain contested issues.
61.19 - Entry of judgment of dissolution of marriage, delay period.
61.20 - Social investigation and recommendations regarding a parenting plan.
61.21 - Parenting course authorized; fees; required attendance authorized; contempt.
61.29 - Child support guidelines; principles.
61.30 - Child support guidelines; retroactive child support.
61.401 - Appointment of guardian ad litem.
61.402 - Qualifications of guardians ad litem.
61.403 - Guardians ad litem; powers and authority.
61.404 - Guardians ad litem; confidentiality.
61.405 - Guardians ad litem; immunity.
61.45 - Court-ordered parenting plan; risk of violation; bond.