The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

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F.S. 61.1301

61.1301 Income deduction orders.—

(1) ISSUANCE IN CONJUNCTION WITH AN ORDER ESTABLISHING, ENFORCING, OR MODIFYING AN OBLIGATION FOR ALIMONY OR CHILD SUPPORT.—

(a) Upon the entry of an order establishing, enforcing, or modifying an obligation for alimony, for child support, or for alimony and child support, other than a temporary order, the court shall enter a separate order for income deduction if one has not been entered. Upon the entry of a temporary order establishing support or the entry of a temporary order enforcing or modifying a temporary order of support, the court may enter a separate order of income deduction. Copies of the orders shall be served on the obligee and obligor. If the order establishing, enforcing, or modifying the obligation directs that payments be made through the depository, the court shall provide to the depository a copy of the order establishing, enforcing, or modifying the obligation. If the obligee is a recipient of Title IV-D services, the court shall furnish to the Title IV-D agency a copy of the income deduction order and the order establishing, enforcing, or modifying the obligation.

1. In Title IV-D cases, the Title IV-D agency may implement income deduction after receiving a copy of an order from the court under this paragraph or a forwarding agency under UIFSA, URESA, or RURESA by issuing an income deduction notice to the payor.

2. The income deduction notice must state that it is based upon a valid support order and that it contains an income deduction requirement or upon a separate income deduction order. The income deduction notice must contain the notice to payor provisions specified by paragraph (2)(e). The income deduction notice must contain the following information from the income deduction order upon which the notice is based: the case number, the court that entered the order, and the date entered.

3. Payors shall deduct support payments from income, as specified in the income deduction notice, in the manner provided under paragraph (2)(e).

4. In non-Title IV-D cases, the income deduction notice must be accompanied by a copy of the support order upon which the notice is based. In Title IV-D cases, upon request of a payor, the Title IV-D agency shall furnish the payor a copy of the income deduction order.

5. If a support order entered before January 1, 1994, in a non-Title IV-D case does not specify income deduction, income deduction may be initiated upon a delinquency without the need for any amendment to the support order or any further action by the court. In such case the obligee may implement income deduction by serving a notice of delinquency on the obligor as provided for under paragraph (f).

(b) The income deduction order shall:

1. Direct a payor to deduct from all income due and payable to an obligor the amount required by the court to meet the obligor’s support obligation including any attorney’s fees or costs owed and forward the deducted amount pursuant to the order.

2. State the amount of arrearage owed, if any, and direct a payor to withhold an additional 20 percent or more of the periodic amount specified in the order establishing, enforcing, or modifying the obligation, until full payment is made of any arrearage, attorney’s fees and costs owed, provided no deduction shall be applied to attorney’s fees and costs until the full amount of any arrearage is paid.

3. Provide that if a delinquency accrues after the order establishing, modifying, or enforcing the obligation has been entered and there is no order for repayment of the delinquency or a preexisting arrearage, a payor shall deduct an additional 20 percent of the current support obligation or other amount agreed to by the parties until the delinquency and any attorney’s fees and costs are paid in full. No deduction may be applied to attorney’s fees and costs until the delinquency is paid in full.

4. Direct a payor not to deduct in excess of the amounts allowed under s. 303(b) of the Consumer Credit Protection Act, 15 U.S.C. s. 1673(b), as amended.

5. Direct whether a payor shall deduct all, a specified portion, or no income which is paid in the form of a bonus or other similar one-time payment, up to the amount of arrearage reported in the income deduction notice or the remaining balance thereof, and forward the payment to the governmental depository. For purposes of this subparagraph, “bonus” means a payment in addition to an obligor’s usual compensation and which is in addition to any amounts contracted for or otherwise legally due and shall not include any commission payments due an obligor.

6. In Title IV-D cases, direct a payor to provide to the court depository the date on which each deduction is made.

7. In Title IV-D cases, if an obligation to pay current support is reduced or terminated due to emancipation of a child and the obligor owes an arrearage, retroactive support, delinquency, or costs, direct the payor to continue the income deduction at the rate in effect immediately prior to emancipation until all arrearages, retroactive support, delinquencies, and costs are paid in full or until the amount of withholding is modified.

8. Direct that, at such time as the State Disbursement Unit becomes operational, all payments in those cases in which the obligee is receiving Title IV-D services and in those cases in which the obligee is not receiving Title IV-D services in which the initial support order was issued in this state on or after January 1, 1994, and in which the obligor’s child support obligation is being paid through income deduction, be made payable to and delivered to the State Disbursement Unit. Notwithstanding any other statutory provision to the contrary, funds received by the State Disbursement Unit shall be held, administered, and disbursed by the State Disbursement Unit pursuant to the provisions of this chapter.

(c) The income deduction order is effective immediately unless the court upon good cause shown finds that the income deduction order shall be effective upon a delinquency in an amount specified by the court but not to exceed 1 month’s payment, pursuant to the order establishing, enforcing, or modifying the obligation. In order to find good cause, the court must at a minimum make written findings that:

1. Explain why implementing immediate income deduction would not be in the child’s best interest;

2. There is proof of timely payment of the previously ordered obligation without an income deduction order in cases of modification; and

3.a. There is an agreement by the obligor to advise the IV-D agency and court depository of any change in payor and health insurance; or

b. There is a signed written agreement providing an alternative arrangement between the obligor and the obligee and, at the option of the IV-D agency, by the IV-D agency in IV-D cases in which there is an assignment of support rights to the state, reviewed and entered in the record by the court.

(d) The income deduction order shall be effective as long as the order upon which it is based is effective or until further order of the court. Notwithstanding the foregoing, however, at such time as the State Disbursement Unit becomes operational, in those cases in which the obligee is receiving Title IV-D services and in those cases in which the obligee is not receiving Title IV-D services in which the initial support order was issued in this state on or after January 1, 1994, and in which the obligor’s child support obligation is being paid through income deduction, such payments shall be made payable to and delivered to the State Disbursement Unit.

(e) When the court orders the income deduction to be effective immediately, the court shall furnish to the obligor a statement of his or her rights, remedies, and duties in regard to the income deduction order. The statement shall state:

1. All fees or interest which shall be imposed.

2. The total amount of income to be deducted for each pay period until the arrearage, if any, is paid in full and shall state the total amount of income to be deducted for each pay period thereafter. The amounts deducted may not be in excess of that allowed under s. 303(b) of the Consumer Credit Protection Act, 15 U.S.C. s. 1673(b), as amended.

3. That the income deduction order applies to current and subsequent payors and periods of employment.

4. That a copy of the income deduction order or, in Title IV-D cases, the income deduction notice will be served on the obligor’s payor or payors.

5. That enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount owed pursuant to the order establishing, enforcing, or modifying the obligation, the arrearages, or the identity of the obligor, the payor, or the obligee.

6. That the obligor is required to notify the obligee and, when the obligee is receiving IV-D services, the IV-D agency within 7 days of changes in the obligor’s address, payors, and the addresses of his or her payors.

7. That in a Title IV-D case, if an obligation to pay current support is reduced or terminated due to emancipation of a child and the obligor owes an arrearage, retroactive support, delinquency, or costs, income deduction continues at the rate in effect immediately prior to emancipation until all arrearages, retroactive support, delinquencies, and costs are paid in full or until the amount of withholding is modified.

(f) If a support order was entered before January 1, 1994, the court orders the income deduction to be effective upon a delinquency as provided in paragraph (c), or a delinquency has accrued under an order entered before July 1, 2006, that established, modified, or enforced the obligation and there is no order for repayment of the delinquency or a preexisting arrearage, the obligee or, in Title IV-D cases, the Title IV-D agency may enforce the income deduction by serving a notice of delinquency on the obligor under this paragraph.

1. The notice of delinquency shall state:

a. The terms of the order establishing, enforcing, or modifying the obligation.

b. The period of delinquency and the total amount of the delinquency as of the date the notice is mailed.

c. All fees or interest which may be imposed.

d. The total amount of income to be deducted for each pay period until the arrearage, and all applicable fees and interest, is paid in full and shall state the total amount of income to be deducted for each pay period thereafter. The amounts deducted may not be in excess of that allowed under s. 303(b) of the Consumer Credit Protection Act, 15 U.S.C. s. 1673(b), as amended.

e. That the income deduction order applies to current and subsequent payors and periods of employment.

f. That a copy of the notice of delinquency will be served on the obligor’s payor or payors, together with a copy of the income deduction order or, in Title IV-D cases, the income deduction notice, unless the obligor applies to the court to contest enforcement of the income deduction. If the income deduction order being enforced was rendered by the Title IV-D agency pursuant to s. 409.2563 and the obligor contests the deduction, the obligor shall file a petition for an administrative hearing with the Title IV-D agency. The application or petition shall be filed within 15 days after the date the notice of delinquency was served.

g. That enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount owed pursuant to the order establishing, enforcing, or modifying the obligation, the amount of arrearages, or the identity of the obligor, the payor, or the obligee.

h. That the obligor is required to notify the obligee of the obligor’s current address and current payors and of the address of current payors. All changes shall be reported by the obligor within 7 days. If the IV-D agency is enforcing the order, the obligor shall make these notifications to the agency instead of to the obligee.

2. The failure of the obligor to receive the notice of delinquency does not preclude subsequent service of the income deduction order or, in Title IV-D cases, the income deduction notice on the obligor’s payor. A notice of delinquency which fails to state an arrearage does not mean that an arrearage is not owed.

(g) At any time, any party, including the IV-D agency, may apply to the court to:

1. Modify, suspend, or terminate the income deduction order in accordance with a modification, suspension, or termination of the support provisions in the underlying order; or

2. Modify the amount of income deducted when the arrearage has been paid.

(2) ENFORCEMENT OF INCOME DEDUCTION ORDERS.—

(a) The obligee or his or her agent shall serve an income deduction order and notice to payor, or, in Title IV-D cases, the Title IV-D agency shall issue an income deduction notice, and in the case of a delinquency a notice of delinquency, on the obligor’s payor unless the obligor has applied for a hearing to contest the enforcement of the income deduction pursuant to paragraph (c).

(b)1. Service by or upon any person who is a party to a proceeding under this section shall be made in the manner prescribed in the Florida Rules of Civil Procedure for service upon parties.

2. Service upon an obligor’s payor or successor payor under this section shall be made by prepaid certified mail, return receipt requested, or in the manner prescribed in chapter 48.

(c)1. The obligor, within 15 days after service of a notice of delinquency, may apply for a hearing to contest the enforcement of the income deduction on the ground of mistake of fact regarding the amount owed pursuant to an order establishing, enforcing, or modifying an obligation for alimony, for child support, or for alimony and child support, the amount of the arrearage, or the identity of the obligor, the payor, or the obligee. The obligor shall send a copy of the pleading to the obligee and, if the obligee is receiving IV-D services, to the IV-D agency. The timely filing of the pleading shall stay service of an income deduction order or, in Title IV-D cases, income deduction notice on all payors of the obligor until a hearing is held and a determination is made as to whether enforcement of the income deduction order is proper. The payment of a delinquent obligation by an obligor upon entry of an income deduction order shall not preclude service of the income deduction order or, in Title IV-D cases, an income deduction notice on the obligor’s payor.

2. When an obligor timely requests a hearing to contest enforcement of an income deduction order, the court, after due notice to all parties and the IV-D agency if the obligee is receiving IV-D services, shall hear the matter within 20 days after the application is filed. The court shall enter an order resolving the matter within 10 days after the hearing. A copy of this order shall be served on the parties and the IV-D agency if the obligee is receiving IV-D services. If the court determines that income deduction is proper, it shall specify the date the income deduction order must be served on the obligor’s payor.

(d) When a court determines that an income deduction order is proper pursuant to paragraph (c), the obligee or his or her agent shall cause a copy of the notice of delinquency to be served on the obligor’s payors. A copy of the income deduction order or, in Title IV-D cases, income deduction notice, and in the case of a delinquency a notice of delinquency, shall also be furnished to the obligor.

(e) Notice to payor and income deduction notice. The notice to payor or, in Title IV-D cases, income deduction notice shall contain only information necessary for the payor to comply with the order providing for income deduction. The notice shall:

1. Provide the obligor’s social security number.

2. Require the payor to deduct from the obligor’s income the amount specified in the income deduction order, and in the case of a delinquency the amount specified in the notice of delinquency, and to pay that amount to the obligee or to the depository, as appropriate. The amount actually deducted plus all administrative charges shall not be in excess of the amount allowed under s. 303(b) of the Consumer Credit Protection Act, 15 U.S.C. s. 1673(b);

3. Instruct the payor to implement income deduction no later than the first payment date which occurs more than 14 days after the date the income deduction notice was served on the payor, and the payor shall conform the amount specified in the income deduction order or, in Title IV-D cases, income deduction notice to the obligor’s pay cycle. The court should request at the time of the order that the payment cycle reflect that of the payor;

4. Instruct the payor to forward, within 2 days after each date the obligor is entitled to payment from the payor, to the obligee or to the depository the amount deducted from the obligor’s income, a statement as to whether the amount totally or partially satisfies the periodic amount specified in the income deduction order or, in Title IV-D cases, income deduction notice, and the specific date each deduction is made. If the IV-D agency is enforcing the order, the payor shall make these notifications to the agency instead of the obligee;

5. Specify that if a payor fails to deduct the proper amount from the obligor’s income, the payor is liable for the amount the payor should have deducted, plus costs, interest, and reasonable attorney’s fees;

6. Provide that the payor may collect up to $5 against the obligor’s income to reimburse the payor for administrative costs for the first income deduction and up to $2 for each deduction thereafter;

7. State that the notice to payor or, in Title IV-D cases, income deduction notice, and in the case of a delinquency the notice of delinquency, are binding on the payor until further notice by the obligee, IV-D agency, or the court or until the payor no longer provides income to the obligor;

8. Instruct the payor that, when he or she no longer provides income to the obligor, he or she shall notify the obligee and shall also provide the obligor’s last known address and the name and address of the obligor’s new payor, if known; and that, if the payor violates this provision, the payor is subject to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation. If the IV-D agency is enforcing the order, the payor shall make these notifications to the agency instead of to the obligee. Penalties shall be paid to the obligee or the IV-D agency, whichever is enforcing the income deduction order;

9. State that the payor shall not discharge, refuse to employ, or take disciplinary action against an obligor because of the requirement for income deduction and shall state that a violation of this provision subjects the payor to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation. Penalties shall be paid to the obligee or the IV-D agency, whichever is enforcing the income deduction, if any alimony or child support obligation is owing. If no alimony or child support obligation is owing, the penalty shall be paid to the obligor;

10. State that an obligor may bring a civil action in the courts of this state against a payor who refuses to employ, discharges, or otherwise disciplines an obligor because of income deduction. The obligor is entitled to reinstatement and all wages and benefits lost, plus reasonable attorney’s fees and costs incurred;

11. Inform the payor that the requirement for income deduction has priority over all other legal processes under state law pertaining to the same income and that payment, as required by the notice to payor or income deduction notice, is a complete defense by the payor against any claims of the obligor or his or her creditors as to the sum paid;

12. Inform the payor that, when the payor receives notices to payor or income deduction notices requiring that the income of two or more obligors be deducted and sent to the same depository, the payor may combine the amounts that are to be paid to the depository in a single payment as long as the payments attributable to each obligor are clearly identified;

13. Inform the payor that if the payor receives more than one notice to payor or income deduction notice against the same obligor, the payor shall contact the court or, in Title IV-D cases, the Title IV-D agency for further instructions. Upon being so contacted, the court or, in Title IV-D cases when all the cases upon which the notices are based are Title IV-D cases, the Title IV-D agency shall allocate amounts available for income deduction as provided in subsection (4); and

14. State that in a Title IV-D case, if an obligation to pay current support is reduced or terminated due to the emancipation of a child and the obligor owes an arrearage, retroactive support, delinquency, or costs, income deduction continues at the rate in effect immediately prior to emancipation until all arrearages, retroactive support, delinquencies, and costs are paid in full or until the amount of withholding is modified.

(f) At any time an income deduction order is being enforced, the obligor may apply to the court for a hearing to contest the continued enforcement of the income deduction on the same grounds set out in paragraph (c), with a copy to the obligee and, in IV-D cases, to the IV-D agency. If the income deduction order being enforced was rendered by the IV-D agency pursuant to s. 409.2563 and the obligor contests the withholding, the obligor shall file a petition for an administrative hearing with the IV-D agency. The application or petition does not affect the continued enforcement of the income deduction until the court or IV-D agency, if applicable, enters an order granting relief to the obligor. The obligee or the IV-D agency is released from liability for improper receipt of moneys pursuant to an income deduction order upon return to the appropriate party of any moneys received.

(g) An obligee or his or her agent shall enforce an income deduction order against an obligor’s successor payor who is located in this state in the same manner prescribed in this section for the enforcement of an income deduction order against a payor.

(h)1. When an income deduction order is to be enforced against a payor located outside the state, the obligee who is receiving IV-D services or his or her agent shall promptly request the agency responsible for income deduction in the other state to enforce the income deduction order. The request shall contain all information necessary to enforce the income deduction order, including the amount to be periodically deducted, a copy of the order establishing, enforcing, or modifying the obligation, and a statement of arrearages, if applicable.

2. When the IV-D agency is requested by the agency responsible for income deduction in another state to enforce an income deduction order against a payor located in this state for the benefit of an obligee who is being provided IV-D services by the agency in the other state, the IV-D agency shall act promptly pursuant to the applicable provisions of this section.

3. When an obligor who is subject to an income deduction order enforced against a payor located in this state for the benefit of an obligee who is being provided IV-D services by the agency responsible for income deduction in another state terminates his or her relationship with his or her payor, the IV-D agency shall notify the agency in the other state and provide it with the name and address of the obligor and the address of any new payor of the obligor, if known.

4.a. The procedural rules and laws of this state govern the procedural aspects of income deduction whenever the agency responsible for income deduction in another state requests the enforcement of an income deduction order in this state.

b. Except with respect to when withholding must be implemented, which is controlled by the state where the order establishing, enforcing, or modifying the obligation was entered, the substantive law of this state shall apply whenever the agency responsible for income deduction in another state requests the enforcement of an income deduction in this state.

c. When the IV-D agency is requested by an agency responsible for income deduction in another state to implement income deduction against a payor located in this state for the benefit of an obligee who is being provided IV-D services by the agency in the other state or when the IV-D agency in this state initiates an income deduction request on behalf of an obligee receiving IV-D services in this state against a payor in another state, pursuant to this section or the Uniform Interstate Family Support Act, the IV-D agency shall file the interstate income deduction documents, or an affidavit of such request when the income deduction documents are not available, with the depository and if the IV-D agency in this state is responding to a request from another state, provide copies to the payor and obligor in accordance with subsection (1). The depository created pursuant to s. 61.181 shall accept the interstate income deduction documents or affidavit and shall establish an account for the receipt and disbursement of child support or child support and alimony payments and advise the IV-D agency of the account number in writing within 2 days after receipt of the documents or affidavit.

(i) Certified copies of payment records maintained by a depository shall, without further proof, be admitted into evidence in any legal proceeding in this state.

(j)1. A person may not discharge, refuse to employ, or take disciplinary action against an employee because of the enforcement of an income deduction order. An employer who violates this subsection is subject to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation. Penalties shall be paid to the obligee or the IV-D agency, whichever is enforcing the income deduction, if any alimony or child support is owing. If no alimony or child support is owing, the penalty shall be paid to the obligor.

2. An employee may bring a civil action in the courts of this state against an employer who refuses to employ, discharges, or otherwise disciplines an employee because of an income deduction order. The employee is entitled to reinstatement and all wages and benefits lost plus reasonable attorney’s fees and costs incurred.

(k) When a payor no longer provides income to an obligor, he or she shall notify the obligee and, if the obligee is a IV-D applicant, the IV-D agency and shall also provide the obligor’s last known address and the name and address of the obligor’s new payor, if known. A payor who violates this subsection is subject to a civil penalty not to exceed $250 for the first violation or $500 for a subsequent violation. Penalties shall be paid to the obligee or the IV-D agency, whichever is enforcing the income deduction order.

(3)(a) It is the intent of the Legislature that this section may be used to collect arrearages in child support or in alimony payments.

(b) In a Title IV-D case, if an obligation to pay current support is reduced or terminated due to the emancipation of a child and the obligor owes an arrearage, retroactive support, delinquency, or costs, income deduction continues at the rate in effect immediately prior to emancipation until all arrearages, retroactive support, delinquencies, and costs are paid in full or until the amount of withholding is modified. Any income-deducted amount that is in excess of the obligation to pay current support shall be credited against the arrearages, retroactive support, delinquency, and costs owed by the obligor. The department shall send notice of this requirement by regular mail to the payor and the depository operated pursuant to s. 61.181, and the notice shall state the amount of the obligation to pay current support, if any, and the amount owed for arrearages, retroactive support, delinquency, and costs. For income deduction orders entered before July 1, 2004, which do not include this requirement, the department shall send by certified mail, restricted delivery, return receipt requested, to the obligor at the most recent address provided by the obligor to the tribunal that issued the order or a more recent address if known, notice of this requirement, that the obligor may contest the withholding as provided by paragraph (2)(f), and that the obligor may request the tribunal that issued the income deduction to modify the amount of the withholding. This paragraph provides an additional remedy for collection of unpaid support and applies to cases in which a support order or income deduction order was entered before, on, or after July 1, 2004.

(c) If a delinquency accrues after an order establishing, modifying, or enforcing a support obligation has been entered, an income deduction order entered after July 1, 2006, is in effect, and there is no order for repayment of the delinquency or a preexisting arrearage, a payor who is served with an income deduction order or, in a Title IV-D case, an income deduction notice shall deduct an additional 20 percent of the current support obligation or other amount agreed to by the parties until the delinquency and any attorney’s fees and costs are paid in full. No deduction may be applied to attorney’s fees and costs until the delinquency is paid in full.

(4) When there is more than one income deduction notice against the same obligor, the amounts available for income deduction must be allocated among all obligee families as follows:

(a) For computation purposes, all obligations must be converted to a common payroll frequency, and the percentage of deduction allowed under s. 303(b) of the Consumer Credit Protection Act, 15 U.S.C. s. 1673(b), as amended, must be determined. The amount of income available for deduction is determined by multiplying that percentage by the obligor’s net income.

(b) If the total monthly support obligation to all families is less than the amount of income available for deduction, the full amount of each obligation must be deducted.

(c) If the total monthly support obligation to all families is greater than the amount of income available for deduction, the amount of the deduction must be prorated, giving priority to current support, so that each family is allocated a percentage of the amount deducted. The percentage to be allocated to each family is determined by dividing each current support obligation by the total of all current support obligations. If the total of all current support obligations is less than the income available for deduction, and past due support is owed to more than one family, then the remainder of the available income must be prorated so that each family is allocated a percentage of the remaining income available for deduction. The percentage to be allocated to each family is determined by dividing each past due support obligation by the total of all past due support obligations.

(5) By July 1, 2006, the department shall provide a payor with Internet access to income deduction and national medical support notices issued by the department on or after July 1, 2006, concerning an obligor to whom the payor pays income. The department shall provide a payor who requests Internet access with a user code and password to allow the payor to receive notices electronically and to download the information necessary to begin income deduction and health insurance enrollment. If a participating payor does not respond to electronic notice by accessing the data posted by the department within 48 hours, the department shall mail the income deduction or medical support notice to the payor.

History.—s. 3, ch. 84-110; s. 4, ch. 85-178; ss. 119, 120, ch. 86-220; s. 2, ch. 87-95; s. 5, ch. 88-176; s. 2, ch. 89-183; s. 13, ch. 91-45; s. 3, ch. 92-138; s. 1, ch. 93-69; s. 5, ch. 93-188; s. 19, ch. 93-208; s. 1, ch. 94-318; s. 1364, ch. 95-147; s. 3, ch. 96-310; s. 4, ch. 97-170; s. 9, ch. 98-397; s. 3, ch. 99-375; s. 5, ch. 2001-158; s. 3, ch. 2004-334; s. 2, ch. 2005-39; s. 3, ch. 2009-90.

F.S. 61.1301 on Google Scholar

F.S. 61.1301 on Casetext

Amendments to 61.1301

Arrestable Offenses / Crimes under Fla. Stat. 61.1301

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.1301.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MOORE, v. HOLTON f k a, 272 So. 3d 520 (Fla. App. Ct. 2019)

. . . Section 61.1301(1), Florida Statutes (2018), sets forth items that a trial court imposing an income deduction . . . insufficient to provide any future payor or court tasked with the enforcement of the order under section 61.1301 . . . amount to the arrearages and the current obligations in a way that consistently adheres to section 61.1301 . . . Knight, 765 So.2d 963, 964 (Fla. 4th DCA 2000) (relying "on section 61.1301(4), Florida Statutes (Supp . . .

GRIFFITTS, v. GRIFFITTS,, 263 So. 3d 220 (Fla. App. Ct. 2019)

. . . alimony payments to be made through the state depository and by income deduction order, see §§ 61.08(10), 61.1301 . . .

PALMATEER, v. PALMATEER,, 260 So. 3d 476 (Fla. App. Ct. 2018)

. . . See §§ 61.1301, 185.25, Fla. Stat. (2017) ; Motil v. . . .

ANDERSON, v. STATE DEPARTMENT OF REVENUE o b o DAVIS,, 202 So. 3d 966 (Fla. Dist. Ct. App. 2016)

. . . The information that must be included in an income deduction order is set forth in section 61.1301(2) . . .

TIMMONS, v. TIMMONS,, 179 So. 3d 380 (Fla. Dist. Ct. App. 2015)

. . . With respect to the rate of payment of the arrearagé, the former wife argued that section 61.1301(1)( . . . The trial court’s reasoning about section 61.1301(1)(b)(2) appears on the face of the contempt order, . . . Section 61.1301(1)(a) provides that “[u]pon the entry of an order establishing, enforcing, or modifying . . . Section 61.1301(1)(b)(2) governs the content of such orders. . . . That income is subject to section 61.1301(1)(b)(2)’s twenty-percent requirement, and that requirement . . .

IN RE AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE- FORM d, 121 So. 3d 505 (Fla. 2013)

. . . For further information see sections 61.13 and 61.1301, Florida Statutes. Special Instructions ... . . . ADDENDUM TO INCOME WITHHOLDING ORDER THE PAYOR, {name } IS HEREBY NOTIFIED that, under sections 61.13 and 61.1301 . . . Pursuant to sections 61.13 and 61.1301, Florida Statutes, the amounts listed for payment on the Income . . .

In AMENDMENTS TO FLORIDA RULES OF JUDICIAL ADMINISTRATION, FLORIDA RULES OF CIVIL PROCEDURE, FLORIDA RULES OF CRIMINAL PROCEDURE, FLORIDA PROBATE RULES, FLORIDA RULES OF TRAFFIC COURT, FLORIDA SMALL CLAIMS RULES, FLORIDA RULES OF JUVENILE PROCEDURE, FLORIDA RULES OF APPELLATE PROCEDURE, FLORIDA FAMILY LAW RULES OF PROCEDURE- E- MAIL SERVICE RULE, 102 So. 3d 505 (Fla. 2012)

. . . For further information, see section 61.1301, Florida Statutes. Special Instructions ... . . . For further information, see section 61.1301, Florida Statutes. Special notes ... . . .

In AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE- FORM d, 94 So. 3d 558 (Fla. 2012)

. . . For further information see sections 61.13 and 61.1301, Florida Statutes. Special Instructions ... . . .

R. ACHURRA, v. ACHURRA,, 71 So. 3d 169 (Fla. Dist. Ct. App. 2011)

. . . Section 61.1301(l)(b)l establishes the purposes for which an income deduction order may be used. . . . including any attorney’s fees or costs owed and forward the deducted amount pursuant to the order.” § 61.1301 . . .

DIAZ, v. DIAZ,, 66 So. 3d 983 (Fla. Dist. Ct. App. 2011)

. . . We first address whether section 61.1301, Florida Statutes (2010), was the appropriate vehicle for the . . . Section 61.1301(1)(a), states in relevant part that “[u]pon the entry of an order establishing, enforcing . . . Because section 61.1301 is in derogation of the common law, it must be strictly construed. . . . We interpret section 61.1301(1)(a) as authorizing an income deduction order to collect attorney’s fees . . . We do not believe that section 61.1301(1)(a) can be so liberally construed. . . .

In AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE, 66 So. 3d 859 (Fla. 2011)

. . . For further information see section 61.1301, Florida Statutes. Special Instructions ... . . .

In AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 48 So. 3d 25 (Fla. 2010)

. . . For further information see section 61.1301, Florida Statutes. Special Instructions ... . . .

FLORES f k a v. LOPEZ,, 37 So. 3d 982 (Fla. Dist. Ct. App. 2010)

. . . See § 61.1301(b)(2), Fla. Stat. (2009); §§ 61.30(ll)(a)(7), (ll)(a)(ll), Fla. Stat. (2009). . . .

In AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE- FORMS a b c, 39 So. 3d 227 (Fla. 2010)

. . . Section 61.1301 requires that when the State Disbursement Unit becomes operational, the income deduction . . . This mirrors the current language of section 61.1301(2)(e)(2) and (4), Florida Statutes (2009), but could . . . For further information see section 61.1301, Florida Statutes. Special Instructions... . . . See Florida Statute section 61.1301. Special Instructions... . . . For further information, see section 61.1301, Florida Statutes. Special notes... . . .

I. BAIME, v. L. BAIME,, 912 So. 2d 1273 (Fla. Dist. Ct. App. 2005)

. . . Section 61.1301, Florida Statutes, does not allow income deduction orders to be used solely for the payment . . .

DORSETT, v. DORSETT,, 902 So. 2d 947 (Fla. Dist. Ct. App. 2005)

. . . . ■ We hold that the trial court’s determination of child support payments violates section 61.1301(1 . . . According to section 61.1301(l)(c): The income deduction order is effective immediately unless the court . . .

In J. BATTAGLIA, Jr. J. Jr. v. v. J. Jr., 321 B.R. 67 (Bankr. M.D. Fla. 2005)

. . . See § 61.1301, Fla. Stat. . Under Section 61.17, Fla. . . .

CAROLLO, v. CAROLLO,, 920 So. 2d 16 (Fla. Dist. Ct. App. 2004)

. . . Colligan, 759 So.2d 688 (Fla. 3d DCA 2000)(recognizing that income deduction order pursuant to section 61.1301 . . .

Y. PADOT, v. G. PADOT,, 891 So. 2d 1079 (Fla. Dist. Ct. App. 2004)

. . . However, the Former Husband also argues, and the Former Wife properly concedes,'that section 61.1301, . . . Rather, section 61.1301 limits the use of income deduction orders to payments for alimony or child support . . .

NADRICH, v. NADRICH,, 872 So. 2d 994 (Fla. Dist. Ct. App. 2004)

. . . . § 1673(b); § 61.1301(l)(b), Fla. Stat. (2003). POLEN and MAY, JJ., concur. . . .

F. BRANCHE, v. AIRTRAN AIRWAYS, INC., 314 F. Supp. 2d 1194 (M.D. Fla. 2004)

. . . . § 61.1301); Warner v. Coca Cola Co., case no. 86-873, 1988 WL 72622 (M.D.Fla. . . .

LARSEN, v. LARSEN,, 854 So. 2d 293 (Fla. Dist. Ct. App. 2003)

. . . The court also acknowledged the mandatory income deduction provision of section 61.1301, Florida Statutes . . .

In L. KAUFFMAN,, 299 B.R. 641 (Bankr. M.D. Fla. 2003)

. . . . § 61.1301, a provision concerning income deduction orders for alimony and child support, was irreconcilable . . . However, the Vizcaino court pointed out that § 61.1301 was expressly limited to the collection of alimony . . . valid basis exists for such a distinction, the problem can easily be corrected by amendment of section 61.1301 . . .

TARNAWSKI, v. TARNAWSKI,, 851 So. 2d 239 (Fla. Dist. Ct. App. 2003)

. . . See § 61.1301(l)(a), Fla. Stat. (1999). . . .

BARKER, v. BARKER,, 838 So. 2d 704 (Fla. Dist. Ct. App. 2003)

. . . further direct the trial court to file an income deduction order against the mother pursuant to section 61.1301 . . .

BOARD OF TRUSTEES OF ORLANDO POLICE PENSION PLAN, v. LANGFORD,, 833 So. 2d 230 (Fla. Dist. Ct. App. 2002)

. . . It expressly rejected the argument that the order could be upheld under Florida law under section 61.1301 . . .

ENNIS, v. ENNIS,, 819 So. 2d 1007 (Fla. Dist. Ct. App. 2002)

. . . .; see § 61.1301(l)(c), Fla. Stat. (2000). . . .

LAMBERTINI, v. LAMBERTINI,, 817 So. 2d 942 (Fla. Dist. Ct. App. 2002)

. . . Paragraph 61.1301(l)(a), Florida Statutes (2001), provides that “[u]pon the entry of an order establishing . . .

SPALDING, v. SPALDING,, 813 So. 2d 1078 (Fla. Dist. Ct. App. 2002)

. . . Section 61.1301(1)(a) authorizes income deduction orders for alimony and/or child support and, as the . . . attorney’s fees arose out of the underlying final judgment of dissolution awarding support, section 61.1301 . . . attorney’s fees incurred in securing payment of support or alimony, as specifically authorized in section 61.1301 . . .

SILVERSMITH, v. SILVERSMITH,, 797 So. 2d 653 (Fla. Dist. Ct. App. 2001)

. . . See § 61.1301, Fla. Stat.(2000); see also Colligan v. . . . Vizcaino, 635 So.2d 1012, 1015 (Fla. 1st DCA 1994) (“[Sjection 61.1301 is expressly limited in its application . . .

MOTIL, v. MOTIL,, 771 So. 2d 1251 (Fla. Dist. Ct. App. 2000)

. . . Section 61.1301, Florida Statutes (1997), specifically limits a trial court’s utilization of income deduction . . . See § 61.1301, Fla. . . .

DEPARTMENT OF REVENUE v. KNIGHT,, 765 So. 2d 963 (Fla. Dist. Ct. App. 2000)

. . . We rely not only on the federal statute cited, but on section 61.1301(4), Florida Statutes (Supp.1998 . . . determined by dividing each past due support obligation by the total of all past due support obligations. § 61.1301 . . .

COLLIGAN, v. COLLIGAN,, 759 So. 2d 688 (Fla. Dist. Ct. App. 2000)

. . . entry of the income deduction order solely for the payment of attorney’s fees, we held that section 61.1301 . . . Vizcaino, 635 So.2d 1012, 1015 (Fla. 1st DCA 1994), stating that “section 61.1301 is expressly limited . . .

STATE DEPARTMENT OF REVENUE, LaPORTE, v. W. LaPORTE,, 735 So. 2d 574 (Fla. Dist. Ct. App. 1999)

. . . See § 61.1301, Fla. Stat. (1995). . . . Section 61.1301(l)(a) states, in pertinent part that, “[ujpon the entry of an order establishing, enforcing . . .

HINTON f k a v. SMITH,, 725 So. 2d 1154 (Fla. Dist. Ct. App. 1998)

. . . Before the legislature amended related section 61.1301 in 1997, it provided that “[u]pon the entry of . . . support, the court shall enter a separate order for income deduction if one has not been entered.” § 61.1301 . . . Eight days before the trial court entered the modification order, the legislature amended section 61.1301 . . . enforcing, or modifying the obligation shall direct that payments be made through the depository.” § 61.1301 . . . Section 61.1301(l)(c) further provides, “The income deduction order is effective immediately unless the . . .

STATE DEPARTMENT OF REVENUE, C. CASTILLO, CASTILLO,, 700 So. 2d 128 (Fla. Dist. Ct. App. 1997)

. . . court was not given an opportunity to determine whether Thoro-Clean had an obligation under section 61.1301 . . .

STATE DEPARTMENT OF REVENUE DAVIS, v. JENNESS, Jr., 698 So. 2d 877 (Fla. Dist. Ct. App. 1997)

. . . authority to enter a delayed income deduction order without making the findings required by section 61.1301 . . . Davis cites to sections 61.1301(l)(a) and (c) and argues that the trial court did not have discretion . . . The trial court failed to make any written findings of good cause as required by section 61.1301(l)(c . . . Our interpretation of section 61.1301 is consistent with this mandate. . . . ALTENBERND, A.C.J., and BLUE, J., concur. .Section 61.1301(l)(a) and (c) provide, in pertinent part: . . .

STATE DEPARTMENT OF REVENUE, CHILD SUPPORT ENFORCEMENT, F. WHALEY, v. F. WHALEY,, 692 So. 2d 1016 (Fla. Dist. Ct. App. 1997)

. . . See § 61.1301(l)(b)2, Fla.Stat. (1995); Puglia v. . . .

L. NASH, v. C. NASH,, 688 So. 2d 428 (Fla. Dist. Ct. App. 1997)

. . . solely for the payment of attorney’s fees on the basis that such an order is not sanctioned by section 61.1301 . . .

TAYLOR, v. M. LASLEY,, 666 So. 2d 600 (Fla. Dist. Ct. App. 1996)

. . . . § 61.1301(l)(b)2, Florida Statutes (1993); see also Rivero v. . . .

In FAMILY LAW RULES OF PROCEDURE, 663 So. 2d 1049 (Fla. 1995)

. . . This order must follow with section 61.1301, Florida Statutes. . . . UST1 See section 61.1301(2), Florida Statutes, for additional information. ¾⅛ O A person who is NOT an . . .

A. ROBINSON, v. W. ROBINSON,, 657 So. 2d 958 (Fla. Dist. Ct. App. 1995)

. . . redetermine if good cause exists to delay the effectiveness of the order in accordance with section 61.1301 . . .

R. BADOUR, v. STATE L., 653 So. 2d 511 (Fla. Dist. Ct. App. 1995)

. . . entry of the final judgment, the trial court issued the income deduction order pursuant to section 61.1301 . . .

Jo- McINTOSH, v. ARCHER,, 652 So. 2d 920 (Fla. Dist. Ct. App. 1995)

. . . . § 61.1301. et seq., Fla.Stat. (1993). . . .

BOARD OF PENSION TRUSTEES OF CITY GENERAL EMPLOYEES PENSION PLAN, CITY OF JACKSONVILLE, PENSION PLAN ADMINISTRATOR, v. E. VIZCAINO, Sr. I. n k a I., 635 So. 2d 1012 (Fla. Dist. Ct. App. 1994)

. . . Section 61.1301, Florida Statutes (Supp. 1992), addresses the use of income deduction orders as a means . . . The, court noted that section 61.1301 “contain[ed] the complete chapter 61 mechanism for income deduction . . . ordered to deduct child support payments from a participant’s pension benefits, pursuant to section 61.1301 . . . However, Alvarez is of no assistance to Anna because (1) it states that section 61.1301 “contains the . . . complete chapter 61 mechanism for income deduction”; and (2) section 61.1301 is expressly limited in . . .

R. COLEMAN, II, v. COLEMAN,, 629 So. 2d 103 (Fla. 1993)

. . . Section 61.1301(l)(a), Florida Statutes (1987), reads in pertinent part: Upon the entry of an order establishing . . . cites Schorb, in which the Second District Court of Appeal held that trial courts should use section 61.1301 . . . As the district court properly noted, the text of section 61.1301(l)(a) “is broad enough to include impecunious . . . Florida Statutes, which specifically addresses child support, does not alter the clear meaning of section 61.1301 . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. S. BECKWITH,, 624 So. 2d 395 (Fla. Dist. Ct. App. 1993)

. . . Section 61.1301(l)(a), Florida Statutes (1991) states, “Upon the entry of an order establishing, enforcing . . . Section 61.1301(l)(b) provides in part: (b) The income deduction order shall: 1. . . . Section 61.1301(3) provides: It is the intent of the Legislature that this section may be used to collect . . . This legislative intent was added to section 61.1301 by Ch. 88-176, § 5, at 653, Laws of Fla., subsequent . . . to the enactment of section 61.1301(l)(b)(2). . . .

RIVERO v. LEE,, 617 So. 2d 397 (Fla. Dist. Ct. App. 1993)

. . . Section 61.1301(l)(c), Florida Statutes (1991), provides as follows: “The income deduction order is effective . . . Section 61.1301(l)(b)2., Florida Statutes (1991), requires that the arrearage payback amount should be . . . Income deduction orders apply to both "current and subsequent payors and periods of employment.” § 61.1301 . . .

R. CUMMINS, v. L. CUMMINS,, 615 So. 2d 173 (Fla. Dist. Ct. App. 1993)

. . . . § 61.1301(1), Fla.Stat. (1991). . . .

In D. WHEAT S. S. XXX- XX- XXXX, 149 B.R. 1003 (Bankr. S.D. Fla. 1992)

. . . . §§ 61.1301 and 61.-046(4), “which, respectively, mandate the entry of income deduction orders for court-ordered . . . However, the Creditor does not argue that her claim exists pursuant to Fla.Stat. §§ 61.1301 and 61.046 . . . Stat. §§ 61.1301 and 61.046(4). . . .

A. KUTZ, v. FANKHANEL, f k a, 608 So. 2d 873 (Fla. Dist. Ct. App. 1992)

. . . . § 61.1301, Fla.Stat. (1991). . . . .

ALVAREZ, v. BOARD OF TRUSTEES OF CITY PENSION FUND FOR FIREFIGHTERS AND POLICE OFFICERS IN CITY OF TAMPA,, 580 So. 2d 151 (Fla. 1991)

. . . the district court certified the following question as being of great public importance: DOES SECTION 61.1301 . . . This case involves a motion to dissolve an income deduction order, entered pursuant to section 61.1301 . . . The court reasoned that section 61.1301, which provides for the entry of income deduction orders, was . . . Both sections 61.1301 and 61.181(3)(b) expressly included retirement benefits and pensions in the term . . . Section 61.046(4) defines the income that can be reached by a section 61.1301 income deduction order . . .

BICKETT, v. BICKETT,, 579 So. 2d 149 (Fla. Dist. Ct. App. 1991)

. . . Garcia, 560 So.2d 403 (Fla. 3d DCA 1990); § 61.1301, Fla.Stat. (1989); Fla.R.Civ.P. 1.550(b). . . .

GURENE, v. GURENE,, 575 So. 2d 291 (Fla. Dist. Ct. App. 1991)

. . . Section 61.1301, Florida Statutes, provides for the entry of income deduction orders in cases involving . . . income deduction order shall be effective upon a delinquency in an amount equal to 1 month’s support.” § 61.1301 . . .

ALMODOVAR v. GONZALEZ,, 573 So. 2d 380 (Fla. Dist. Ct. App. 1991)

. . . .” § 61.1301(1)(c), Fla.Stat. (1989). . . . Section 61.1301, Florida Statutes (1989) provides for the entry of income deduction orders in alimony . . . Id. § 61.1301(l)(c). . . . are to be paid to the payee spouse or the enforcement agency, so long as any arrearage is owing. § 61.1301 . . .

MITCHELL, v. CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, a, 747 F. Supp. 1446 (M.D. Fla. 1990)

. . . . § 61.1301(2)(j). . . . The central contention before the Court, then, is the proper construction of Fla.Stat. § 61.1301(2)(j . . . The presence of a civil penalty in § 61.1301(2)(j)(l), the Magistrate opined, is less significant than . . . It does not suggest how to interpret the specific listing of remedies in § 61.1301(2)(j)(2). . . . Fla.Stat. § 61.1301(2)(j)(2). . . .

BURGESS, a III, a v. BURGESS,, 568 So. 2d 934 (Fla. Dist. Ct. App. 1990)

. . . The following are but a few: income deduction orders (§ 61.1301, Fla.Stat. (1989)); attachment or garnishment . . .

BOARD OF TRUSTEES OF CITY PENSION FUND FOR FIREFIGHTERS AND POLICE OFFICERS IN CITY OF TAMPA, v. ALVAREZ,, 563 So. 2d 1110 (Fla. Dist. Ct. App. 1990)

. . . The trial court denied the motion on the ground that section 61.1301, Florida Statutes (1987), which . . . As a matter of public policy, we agree with the trial court that section 61.1301 should generally apply . . . Section 61.1301, which was enacted in 1986, does not address the exemption from garnishment of retirement . . . Further, section 61.1301 conflicts with section 175.241, both of which are general acts of the legislature . . . DOES SECTION 61.1301, WHICH MANDATES THE ENTRY OF INCOME DEDUCTION ORDERS FOR CHILD SUPPORT PURSUANT . . .

GARCIA, v. GARCIA,, 560 So. 2d 403 (Fla. Dist. Ct. App. 1990)

. . . Second, the income deduction order is facially defective for violation of paragraph 61.1301(1)(b), Florida . . . amounts allowed under s. 303(b) of the Consumer Protection Act, 15 U.S.C. s. 1673(b), as amended.” § 61.1301 . . . See generally § 61.1301(l)(e), Fla. . . .

EILER, v. P. EILER,, 556 So. 2d 834 (Fla. Dist. Ct. App. 1990)

. . . section 61.30(7), Florida Statutes (1987), and for entry of an income deduction order pursuant to section 61.1301 . . .

M. SCHORB, v. L. SCHORB,, 547 So. 2d 985 (Fla. Dist. Ct. App. 1989)

. . . one-half interest in the husband’s retirement and entered an income-deduction order pursuant to section 61.1301 . . . through the depository, the court shall provide a copy of the support order to the depository.... § 61.1301 . . . section of chapter 61 does not contain a definition for the term “support” as it applies to section 61.1301 . . . We see no valid reason to employ a definition of “support” in section 61.1301, Florida Statutes (1987 . . . The trial court simply cannot use section 61.1301, Florida Statutes (1987), to accomplish the result. . . .

IN RE MARRIAGE OF ALVAREZ, 36 Fla. Supp. 2d 125 (Fla. Cir. Ct. 1989)

. . . . § 61.1301, provides, in pertinent part that: “(a) Upon the entry of an order establishing, enforcing . . . Stat. § 61.1301 clearly conflict with the quoted provisions of Chapter 74-613, Laws of Florida, as well . . . The wording of Section 61.1301 is specific. . . .

GOLDFARB, v. AGRAN,, 546 So. 2d 24 (Fla. Dist. Ct. App. 1989)

. . . Barry pay an outstanding medical bill, that an income deduction order be entered pursuant to section 61.1301 . . .

BURT v BURT, 32 Fla. Supp. 2d 93 (Fla. Cir. Ct. 1989)

. . . . § 61.1301, provides, in pertinent part that: “(a) Upon the entry of an order establishing, enforcing . . . Stats. §61.1301) conflict, the special act should prevail. . . . Stats. 61.1301 are clearly in conflict. . . . The Legislature enacted Section 61.1301 in 1986, subsequent to Chap. 81-497. . . . The wording of Section 61.1301 is specific. . . .

STERZINGER, v. EFRON,, 534 So. 2d 798 (Fla. Dist. Ct. App. 1988)

. . . matter is governed by the Uniform Child Custody Jurisdiction Act ... codified in Florida at sections 61.1301 . . .

INDUSTRIAL GLASS COMPANY, A DIVISION OF TROPICANA PRODUCTS, INC. v. RHINESMITH, 510 So. 2d 1129 (Fla. Dist. Ct. App. 1987)

. . . Industrial contends first that the court erred in failing to follow the procedures set out in section 61.1301 . . .

F. GIESEKE, v. GIESEKE, S. ZIMMERMAN v. F. GIESEKE L. F. GIESEKE, v. GIESEKE,, 508 So. 2d 54 (Fla. Dist. Ct. App. 1987)

. . . Gersten, 281 So.2d 607 (Fla. 3d DCA 1973); §§ 61.1301, 181, Fla. Stat. (Supp.1984). AFFIRMED. . . .

In STONE, L. III. SOUTHEAST BANK OF SARASOTA, v. STONE,, 500 So. 2d 737 (Fla. Dist. Ct. App. 1987)

. . . Section 61.1301, Florida Statutes (1984), states the following: In addition and together with any such . . . Section 61.1301 was enacted by the 1984 Legislature (Chapter 84-110) and became effective on January . . . In drafting section 61.1301, the Legislature included “trust accounts” in its enumeration of sources . . . White, supra, nor section 61.1301, Florida Statutes (1984 Supp.) authorizes the circuit court to issue . . . However, had the trust instrument herein not included a spendthrift clause, then section 61.1301 would . . .

ENSLEIN, v. GERE, 497 So. 2d 705 (Fla. Dist. Ct. App. 1986)

. . . maternal grandparents filed a supplemental petition for grandparent visitation rights pursuant to section 61.1301 . . . Section 61.1301 which took effect on October 1, 1984, see chapter 84-64, Laws of Florida, creates visitation . . . The statutory revision division renumbered section 61.1301, and, without making any changes in its wording . . . (3), as created by s. 1 of that act, which subsection was renumbered from s. 61.1301(2), as numbered . . . in the unengrossed version of s. 1 of C.S. for H.B. 487, to s. 61.1301(3) as a result of Amendments 4 . . .

BOWEN v. L. BOWEN,, 471 So. 2d 1274 (Fla. 1985)

. . . enter an income deduction order for payment of child support or alimony, pursuant to section 61.081 or 61.1301 . . .

PAPPADAKOS v. SIMMON, f k a, 461 So. 2d 1020 (Fla. Dist. Ct. App. 1985)

. . . to the trial court for consideration of the petition in light of Chapter 84-64, Laws of Florida [§ 61.1301 . . .

HERRERO, v. MATAS,, 447 So. 2d 335 (Fla. Dist. Ct. App. 1984)

. . . the Uniform Child Custody Jurisdiction Act (hereinafter ‘the Act'), codified in Florida at sections 61.1301 . . .