(1) Upon receipt of a request from a consumer reporting agency as defined in s. 603(f) of the Fair Credit Reporting Act, the IV-D agency or the depository in non-Title IV-D cases shall make available information relating to the amount of current and overdue support owed by an obligor. The IV-D agency or the depository in non-Title IV-D cases shall give the obligor written notice, at least 15 days prior to the release of information, of the IV-D agency’s or depository’s authority to release information to consumer reporting agencies relating to the amount of current and overdue support owed by the obligor. The obligor shall be informed of his or her right to request a hearing with the IV-D agency or the court in non-Title IV-D cases to contest the accuracy of the information.
(2) The IV-D agency shall report periodically to appropriate consumer reporting agencies, as identified by the IV-D agency, the name and social security number of any delinquent obligor, the amount of overdue support owed by the obligor, and the amount of the obligor’s current support obligation when the overdue support is paid. The IV-D agency, or its designee, shall provide the obligor with written notice, at least 15 days prior to the initial release of information, of the IV-D agency’s authority to release the information periodically to the consumer reporting agencies. The notice shall state the amount of overdue support owed and the amount of current support owed when the overdue support is paid and shall inform the obligor of the right to request a hearing with the IV-D agency within 15 days after receipt of the notice to contest the accuracy of the information. After the initial notice is given, no further notice or opportunity for a hearing need be given when updated information concerning the same obligor is periodically released to the consumer reporting agencies.
(3) A consumer reporting agency shall provide, upon request, consumer reports to the department pursuant to s. 604 of the Fair Credit Reporting Act, provided that the department certifies that:
(a) The consumer report is needed for the purpose of establishing an individual’s capacity to make support payments, determining the appropriate level of support payments, or enforcing a child support order, award, agreement, or judgment;
(b) The consumer’s parentage of the child to whom the obligation relates has been established or acknowledged by the consumer in accordance with state laws under which the obligation arises;
(c) The individual whose report is sought was provided with at least 15 days’ prior notice, by regular mail to the individual’s last known address, that the report was requested; and
(d) The consumer report will be kept confidential, will be used solely for the purpose described in paragraph (a), and will not be used in connection with any other civil, administrative, or criminal proceeding or for any other purpose.
(4) For purposes of setting an initial or modified child support order, consumer reporting agencies shall provide, upon request, consumer reports to the IV-D agency.
(5) The Department of Revenue is authorized to adopt rules necessary to implement this section.
History.—s. 123, ch. 86-220; s. 4, ch. 92-138; s. 334, ch. 95-147; s. 6, ch. 97-170; s. 9, ch. 2001-158; s. 4, ch. 2005-39; s. 2, ch. 2005-82; s. 2, ch. 2021-103.
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.