Fla. Fam. L. R. P. 12.491

RULE 12.491

CHILD SUPPORT ENFORCEMENT

(a) Limited Application. This rule is effective only when

specifically invoked by administrative order of the chief justice for

use in a particular county or circuit.

(b) Scope. This rule applies when a party seeking support is

receiving services pursuant to Title IV-D of the Social Security Act

(42 U.S.C. §§ 651 et seq.) or on administrative order of the chief

justice when a party is not receiving Title IV-D services in

proceedings for:

(1) the establishment, enforcement, or modification

of child support; and

(2) the enforcement of any support order for the parent

or other person entitled to receive child support in conjunction with

an ongoing child support or child support arrearage order.

(c) Support Enforcement Hearing Officers. The chief judge

of each judicial circuit must appoint support enforcement hearing

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officers for the circuit or any county within the circuit as necessary

to expeditiously perform the duties prescribed by this rule. A

hearing officer must be a member of The Florida Bar unless waived

by the chief justice and serves at the pleasure of the chief judge and

a majority of the circuit judges in the circuit.

(d) Assignment. On the filing of a cause of action or other

proceeding for the establishment, enforcement, or modification of

support to which this rule applies, the court or clerk of the circuit

court must assign the proceedings to a support enforcement

hearing officer, pursuant to procedures to be established by

administrative order of the chief judge.

(e) General Powers and Duties. The support enforcement

hearing officer shall be empowered to issue process, administer

oaths, require the production of documents, and conduct hearings

for the purpose of taking evidence. A support enforcement hearing

officer does not have the authority to hear contested paternity

cases. All grounds for disqualification of a judge apply to support

enforcement hearing officers. On the receipt of a support

proceeding, the support enforcement hearing officer must:

(1) designate a time and place for an appropriate

hearing and give notice to each of the parties as may be required by

law;

(A) The notice or order setting the cause for

hearing must contain the following language in bold type:

SHOULD YOU WISH TO SEEK REVIEW OF THE ORDER UPON

THE RECOMMENDATIONS OF THE CHILD SUPPORT

ENFORCEMENT HEARING OFFICER, YOU MUST FILE A

MOTION TO VACATE WITHIN 15 DAYS FROM THE DATE OF

ENTRY OF THE ORDER IN ACCORDANCE WITH FLORIDA

FAMILY LAW RULE OF PROCEDURE 12.491(f). YOU WILL BE

REQUIRED TO PROVIDE THE COURT WITH A RECORD

SUFFICIENT TO SUPPORT YOUR POSITION OR YOUR MOTION

WILL BE DENIED. A RECORD ORDINARILY INCLUDES A

WRITTEN TRANSCRIPT OF ALL RELEVANT PROCEEDINGS.

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THE PERSON SEEKING REVIEW MUST HAVE THE TRANSCRIPT

PREPARED FOR THE COURT’S REVIEW.

(B) The notice or order setting a matter for hearing

shall state whether electronic recording or a court reporter is

provided by the court. If the court provides electronic recording, the

notice shall also state that any party may provide a court reporter

at that party’s expense.

(2) take testimony and establish a record, which record

may be by electronic means as provided by Florida Rule of General

Practice and Judicial Administration 2.535(h);

(3) accept voluntary acknowledgment of paternity and

support liability and stipulated agreements setting the amount of

support to be paid; and

(4) evaluate the evidence and promptly make a

recommended order to the court. The order must set forth findings

of fact.

(f) Entry of Order and Relief from Order. On receipt of a

recommended order, the court must review the recommended order

and enter an order promptly unless good cause appears to amend

the order, conduct further proceedings, or reassign the matter back

to the hearing officer to conduct further proceedings. If a court

reporter was present, the recommended order must contain the

name, telephone number, and e-mail address of the reporter. If the

hearing was recorded and the litigant did not utilize a court

reporter, the order must contain information as to how a litigant

can obtain a copy of the recording. Any party affected by the order

may move to vacate the order by filing a motion to vacate within 15

days from the date of entry. Any party may file a cross-motion to

vacate within 5 days of service of a motion to vacate, provided,

however, that the filing of a cross-motion to vacate must not delay

the hearing on the motion to vacate unless good cause is shown. If

applicable, a motion to vacate operates as a motion for rehearing

under rule 12.530. A motion to vacate the order must be heard

within 10 days after the movant applies for hearing on the motion.

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(g) Modification of Order. Any party affected by the order

may move to modify the order at any time.

(h) Record. For the purpose of hearing on a motion to

vacate, a record, substantially in conformity with this rule, must be

provided to the court by the party seeking review.

(1) The record consists of the court file, including the

transcript of the proceedings before the hearing officer, if filed, and

all depositions and evidence presented to the hearing officer.

(2) The transcript of all relevant proceedings must be

delivered to the judge and provided to opposing counsel not less

than 48 hours before the hearing on the motion to vacate. If less

than a full transcript of the proceedings taken before the hearing

officer is ordered prepared by the moving party, that party shall

promptly file a notice setting forth the portions of the transcript that

have been ordered. The responding party must be permitted to

designate any additional portions of the transcript necessary to the

adjudication of the issues raised in the motion to vacate or cross-

motion to vacate.

(3) The cost of the original and all copies of the

transcript of the proceedings must be borne initially by the party

seeking review, subject to appropriate assessment of suit monies.

Should any portion of the transcript be required as a result of a

designation filed by the responding party, the party making the

designation must bear the initial cost of the additional transcript.

1995 Adoption. Previously, this rule was contained in Florida

Rule of Civil Procedure 1.491. The new rule is substantially the

same as previous rule 1.491, with the following additions.

It is intended that any administrative order issued by the chief

justice of the Florida Supreme Court under rule 1.491(a) shall

remain in full force and effect as though such order was rendered

under this rule until changed by order of that same court.

Subdivision (e) now makes clear that contested paternity cases

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are not to be heard by support enforcement hearing officers.

Subdivision (h) has been added to provide requirements for a

record.

1988 Adoption. Title: The terminology “hearing officer” is

used rather than “master” to avoid confusion or conflict with rule

1.490.

Subdivision (a): The rule is intended as a fall back mechanism

to be used by the chief justice as the need may arise.

Subdivision (b): The expedited process provisions of the

applicable federal regulations apply only to matters which fall

within the purview of Title IV-D. The committee recognizes,

however, that the use of hearing officers could provide a useful case

flow management tool in non-Title IV-D support proceedings.

It is contemplated that a circuit could make application to the

chief justice for expansion of the scope of the rule upon a showing

of necessity and good cause. It is the position of the representative

of the Family Law Section of The Florida Bar that reference of non-

Title IV-D proceedings should require the consent of the parties as

is required by rule 1.490(c).

Subdivision (c): It is the position of the committee that hearing

officers should be members of the Bar in that jurisdictional and

other legal issues are likely to arise in proceedings of this nature.

The waiver provision is directed to small counties in which it may

be difficult or impossible to find a lawyer willing to serve and to

such other special circumstances as may be determined by the

chief justice.

Subdivision (d): This paragraph recognizes that the mechanics

of reference and operation of a program are best determined at the

local level.

Subdivision (e): This paragraph is intended to empower the

hearing officer to fully carry out his or her responsibilities without

becoming overly complicated. The authority to enter defaults which

is referred to in the federal regulations is omitted, the committee

feeling that the subject matter is fully and adequately covered by

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rule 1.500.

The authority to accept voluntary acknowledgments of

paternity is included at the request of the Department of Health and

Rehabilitative Services. Findings of fact are included in the

recommended order to provide the judge to whom the order is

referred basic information relating to the subject matter.

Subdivision (f): Expedited process is intended to eliminate or

minimize delays which are perceived to exist in the normal

processing of cases. This paragraph is intended to require the

prompt entry of an order and to guarantee due process to the

obligee.

General Note: This proposed rule, in substantially the same

form, was circulated to each of the chief judges for comment. Five

responses were received. Two responding endorsed the procedure,

and 3 responding felt that any rule of this kind would be

inappropriate. The committee did not address the question of

funding, which included not only salaries of hearing officers and

support personnel, but also capital outlay for furniture, fixtures,

equipment and space, and normal operating costs. The committee

recognizes that the operational costs of such programs may be

substantial and recommends that this matter be addressed by an

appropriate body.

1998 Amendment. This rule shall not apply to proceedings to

establish or modify alimony.