RULE 12.491. CHILD SUPPORT ENFORCEMENT

(a) Limited Application. This rule shall be effective only
when specifically invoked by administrative order of the chief justice
for use in a particular county or circuit.

(b) Scope. This rule shall apply to proceedings for:

(1) the establishment, enforcement, or
modification of child support, or

(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,

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.) and to
non-Title IV-D proceedings upon administrative order of the chief
justice.

(c) Support Enforcement Hearing Officers. The chief judge
of each judicial circuit shall appoint such number of support
enforcement hearing officers for the circuit or any county within the
circuit as are necessary to expeditiously perform the duties
prescribed by this rule. A hearing officer shall be a member of The
Florida Bar unless waived by the chief justice and shall serve at the
pleasure of the chief judge and a majority of the circuit judges in
the circuit.

(d) Assignment. Upon 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 shall assign such 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. Upon the receipt of a support
proceeding, the support enforcement hearing officer shall:

(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 10 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. 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. Such order shall set forth findings
of fact.

(f) Entry of Order and Relief from Order. Upon receipt of a
recommended order, the court shall review the recommended order
and shall 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 shall contain
the name and address of the reporter. If the hearing was recorded
and the litigant did not utilize a court reporter, the order shall
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 10 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 shall not delay the hearing on the motion to
vacate unless good cause is shown. A motion to vacate the order
shall be heard within 10 days after the movant applies for hearing
on the motion.

(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, shall be
provided to the court by the party seeking review.

(1) The record shall consist 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 shall 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 shall 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 shall 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 shall bear the initial cost of the additional transcript.

Commentary
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
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
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.

Committee Note

1998 Amendment. This rule shall not apply to proceedings to
establish or modify alimony.