Amendment ASA1-SB40

SB40-ASA1,1513,25 758.19 (5) (a) 1d. g. Any other circuit court costs, except costs related to courtroom security, including security personnel, and costs related to rent, utilities, maintenance, rehabilitation and construction of circuit court facilities.

SB40-ASA1, s. 2833 Section 2833. 758.19 (5) (am) of the statutes is created to read:

SB40-ASA1,1514,7 758.19 (5) (am) The director of state courts may create a uniform chart of accounts that each county shall be required to use for the recording of all financial transactions relating to the operation of circuit courts and may audit the information submitted under par. (e). If the director of state courts decides to create a uniform chart of accounts, he or she shall consult with the department of revenue regarding the creation of that chart.

SB40-ASA1, s. 2834 Section 2834. 758.19 (5) (b) (intro.) of the statutes is amended to read:

SB40-ASA1,1514,12 758.19 (5) (b) (intro.) From the appropriation appropriations under s. 20.625 (1) (d) and (q), the director of state courts shall make payments to counties totaling $9,369,800 within 30 days after October 29, 1999, and on every July 1 and January 1 thereafter, which the director of state courts shall distribute as follows:

SB40-ASA1, s. 3715m Section 3715m. 758.19 (5) (b) 1., 2. and 3. of the statutes are repealed and recreated to read:

SB40-ASA1,1514,18 758.19 (5) (b) 1. A payment determined by dividing the number of circuit court branches in the county by the total number of circuit court branches in the state and multiplying that result by an amount equal to one-third of the total amount appropriated under s. 20.625 (1) (d) and (q).

SB40-ASA1,1514,21 2. A payment determined by dividing the judicial officer need for the county by the total judicial need for all counties and multiplying the result by an amount equal to one-third of the total amount appropriated under s. 20.625 (1) (d) and (q).

SB40-ASA1,1515,2 3. A payment determined by dividing the total amount of circuit court fees, fines, forfeitures, and surcharges collected by the county in the previous calendar year by the total amount of circuit court fees, fines, forfeitures, and surcharges collected by all counties in the previous calendar year and multiplying that result by an amount equal to one-third of the total amount appropriated under s. 20.625 (1) (d) and (q).

SB40-ASA1, s. 2835 Section 2835. 758.19 (5) (d) of the statutes is repealed.

SB40-ASA1, s. 2836 Section 2836. 758.19 (5) (e) of the statutes is amended to read:

SB40-ASA1,1515,12 758.19 (5) (e) No later than July 1, 1994, and no later than July 1 May 15, 2009, and no later than May 15 of each year thereafter, each county shall submit to the director of state courts, in a format that is established by the director of state courts, and in a manner that comports with the uniform chart of accounts under par. (am), information regarding the amount of actual circuit court costs that the county incurred in the previous calendar year for each of the court costs listed in par. (a) 1. to 8 and revenues collected or received by the circuit court in the previous calendar year.

SB40-ASA1, s. 2837 Section 2837. 758.19 (5) (f) of the statutes is amended to read:

SB40-ASA1,1515,19 758.19 (5) (f) A county that fails to meet the requirements under par. (e) is not eligible for a payment under par. (b) for one fiscal year, as defined in s. 237.01 (3), after the July 1 May 15 that the information was not provided, or until the information is provided, whichever is earlier. Except as provided in this paragraph and par. (g), the information regarding the amount of actual costs reported under par. (e) does not affect the amount paid to a county under par. (b).

SB40-ASA1, s. 2838 Section 2838. 758.19 (5) (g) of the statutes is amended to read:

SB40-ASA1,1516,9 758.19 (5) (g) Beginning with the submittal of information under par. (e) on July 1, 1995, if the director of state courts determines, based on the information submitted under par. (e), that the payment made to a county under par. (b) for any calendar year exceeds the circuit court costs incurred by the county for that calendar year, the director of state courts shall deduct the difference from the next payment under par. (b) made to that county after the director's determination. The difference shall be apportioned as provided in par. (c) among the other counties for payment under par. (b) to the other counties on that payment date. For purposes of this paragraph, the director of state courts shall treat the period beginning on August 13, 1993, and ending on December 31, 1994, as a calendar year and determine from the information submitted under par. (e) on July 1, 1994, and July 1, 1995, whether the payment to a county under par. (b) on January 1, 1994, exceeds the circuit court costs incurred by the county for the period beginning on August 13, 1993, and ending on December 31, 1994.

SB40-ASA1, s. 2839 Section 2839. 767.001 (1d) of the statutes is amended to read:

SB40-ASA1,1516,12 767.001 (1d) "Department" means the department of workforce development children and families.

SB40-ASA1, s. 2840 Section 2840. 767.001 (2) (b) of the statutes is amended to read:

SB40-ASA1,1516,16 767.001 (2) (b) With respect to the department of health and family services or a county agency specified in s. 48.56 (1) or a licensed child welfare agency granted legal custody of a child, the rights and responsibilities specified under s. 48.02 (12).

SB40-ASA1, s. 2841 Section 2841. 767.205 (2) (a) 3. of the statutes is amended to read:

SB40-ASA1,1516,20 767.205 (2) (a) 3. Whenever aid under s. 46.261, 48.57 (3m) or (3n), 48.645, 49.19, or 49.45 is provided on behalf of a dependent child or benefits are provided to the child's custodial parent under ss. 49.141 to 49.161.

SB40-ASA1, s. 2842 Section 2842. 767.205 (2) (a) 4. of the statutes is amended to read:

SB40-ASA1,1517,2 767.205 (2) (a) 4. Whenever aid under s. 46.261, 48.57 (3m) or (3n), 48.645, 49.19, or 49.45 has, in the past, been provided on behalf of a dependent child, or benefits have, in the past, been provided to the child's custodial parent under ss. 49.141 to 49.161, and the child's family is eligible for continuing child support services under 45 CFR 302.33.

SB40-ASA1, s. 2843 Section 2843. 767.217 (1) of the statutes is amended to read:

SB40-ASA1,1517,11 767.217 (1) Notice of pleading or motion. In an action affecting the family in which either party is a recipient of benefits under ss. 49.141 to 49.161 or aid under s. 46.261, 48.645, 49.19, or 49.45, each party shall, either within 20 days after serving the opposite party with a motion or pleading requesting the court to order or to modify a previous order relating to child support, maintenance, or family support, or before filing the motion or pleading in court, serve a copy of the motion or pleading on the county child support agency under s. 59.53 (5) of the county in which the action is begun.

SB40-ASA1, s. 2844 Section 2844. 767.407 (1) (c) 1. of the statutes is amended to read:

SB40-ASA1,1517,17 767.407 (1) (c) 1. Aid is provided under s. 46.261, 48.57 (3m) or (3n), 48.645, 49.19, or 49.45 on behalf of the child, or benefits are provided to the child's custodial parent under ss. 49.141 to 49.161, but the state and its delegate under s. 49.22 (7) are barred by a statute of limitations from commencing an action under s. 767.80 on behalf of the child.

SB40-ASA1, s. 2845 Section 2845. 767.41 (3) (a) of the statutes is amended to read:

SB40-ASA1,1518,6 767.41 (3) (a) If the interest of any child demands it, and if the court finds that neither parent is able to care for the child adequately or that neither parent is fit and proper to have the care and custody of the child, the court may declare the child to be in need of protection or services and transfer legal custody of the child to a relative of the child, as defined in s. 48.02 (15), to a county department, as defined under s. 48.02 (2g), or to a licensed child welfare agency , or, in a county having a population of 500,000 or more, the department of health and family services. If the court transfers legal custody of a child under this subsection, in its order the court shall notify the parents of any applicable grounds for termination of parental rights under s. 48.415. If the court transfers legal custody under this section to an agency, the court shall also refer the matter to the court intake worker, as defined in s. 48.02 (3), who shall conduct an inquiry under s. 48.24 to determine whether a petition should be filed under s. 48.13.

SB40-ASA1, s. 2846 Section 2846 . 767.41 (3) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-ASA1,1518,21 767.41 (3) (a) If the interest of any child demands it, and if the court finds that neither parent is able to care for the child adequately or that neither parent is fit and proper to have the care and custody of the child, the court may declare the child to be in need of protection or services and transfer legal custody of the child to a relative of the child, as defined in s. 48.02 (15), to a county department, as defined under s. 48.02 (2g), to a licensed child welfare agency, or, in a county having a population of 500,000 or more, the department of health and family services children and families. If the court transfers legal custody of a child under this subsection, in its order the court shall notify the parents of any applicable grounds for termination of parental rights under s. 48.415. If the court transfers legal custody under this section to an agency, the court shall also refer the matter to the court intake worker, as defined in s. 48.02 (3), who shall conduct an inquiry under s. 48.24 to determine whether a petition should be filed under s. 48.13.

SB40-ASA1, s. 2847 Section 2847. 767.41 (3) (am) of the statutes is created to read:

SB40-ASA1,1519,14 767.41 (3) (am) If the court transfers legal custody of a child under this subsection, the order transferring custody shall include a finding that placement of the child in his or her home would be contrary to the welfare of the child and a finding that reasonable efforts have been made to prevent the removal of the child from the home, while assuring that the health and safety of the child are the paramount concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies. If the legal custodian appointed under par. (a) is a county department, the court shall order the child into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the child. The court shall make the findings specified in this paragraph on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this paragraph without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this paragraph is not sufficient to comply with this paragraph.

SB40-ASA1, s. 2848 Section 2848. 767.451 (7) of the statutes is amended to read:

SB40-ASA1,1519,20 767.451 (7) Transfer to department. The court may order custody transferred to the department of health and family services only if that department agrees to accept custody. If the court orders custody transferred to the department of health and family services, the order transferring custody shall include the findings and order specified in s. 767.41 (3) (am).

SB40-ASA1, s. 2849 Section 2849 . 767.451 (7) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-ASA1,1520,2 767.451 (7) Transfer to department. The court may order custody transferred to the department of health and family services only if that the department agrees to accept custody. If the court orders custody transferred to the department of health and family services, the order transferring custody shall include the findings and order specified in s. 767.41 (3) (am).

SB40-ASA1, s. 2850 Section 2850. 767.521 (intro.) of the statutes is amended to read:

SB40-ASA1,1520,9 767.521 Action by state for child support. (intro.) The state or its delegate under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.001 (1) (f) or for paternity determination and child support under s. 767.80 if the child's right to support is assigned to the state under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.145 (2) (s), 49.19 (4) (h) 1. b., or 49.775 (2) (bm) and all of the following apply:

SB40-ASA1, s. 2851 Section 2851. 767.55 (3) (a) 2. of the statutes is amended to read:

SB40-ASA1,1520,12 767.55 (3) (a) 2. The child's right to support is assigned to the state under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), or 49.19 (4) (h) 1. b.

SB40-ASA1, s. 2852 Section 2852. 767.57 (1e) (title) of the statutes is amended to read:

SB40-ASA1,1520,14 767.57 (1e) (title) Receiving and disbursing fee fees.

SB40-ASA1, s. 2853 Section 2853 . 767.57 (1e) (a) of the statutes is amended to read:

SB40-ASA1,1521,4 767.57 (1e) (a) For receiving and disbursing maintenance, child support, or family support payments, including payments in arrears, and for maintaining the records required under par. (c) sub. (1) (c), the department or its designee shall collect an annual fee of $35 $65 from a party ordered to make payments. The court shall order each party ordered to make payments to pay the fee in each year for which payments are ordered or in which an arrearage in any of those payments is owed. In directing the manner of payment, the court shall order that the fee be withheld from income and sent to the department or its designee, as provided under s. 767.75. Fees under this paragraph shall be deposited in the appropriation account under s. 20.445 (3) (ja). At the time of ordering payment of the fee, the court shall notify each party ordered to make payments of the requirement to pay, and the amount of, the fee. If the fee under this paragraph is not paid when due, the department or its designee may not deduct the fee from any maintenance, child or family support, or arrearage payment, but may move the court for a remedial sanction under ch. 785.

SB40-ASA1, s. 2854 Section 2854 . 767.57 (1e) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-ASA1,1521,20 767.57 (1e) (a) For receiving and disbursing maintenance, child support, or family support payments, including payments in arrears, and for maintaining the records required under sub. (1) (c), the department or its designee shall collect an annual fee of $65 from a party ordered to make payments. The court shall order each party ordered to make payments to pay the fee in each year for which payments are ordered or in which an arrearage in any of those payments is owed. In directing the manner of payment, the court shall order that the fee be withheld from income and sent to the department or its designee, as provided under s. 767.75. Fees under this paragraph shall be deposited in the appropriation account under s. 20.445 (3) 20.437 (2) (ja). At the time of ordering payment of the fee, the court shall notify each party ordered to make payments of the requirement to pay, and the amount of, the fee. If the fee under this paragraph is not paid when due, the department or its designee may not deduct the fee from any maintenance, child or family support, or arrearage payment, but may move the court for a remedial sanction under ch. 785.

SB40-ASA1, s. 2855 Section 2855. 767.57 (1e) (b) 1m. of the statutes is amended to read:

SB40-ASA1,1522,11 767.57 (1e) (b) 1m. The department or its designee may collect any unpaid fees under s. 814.61 (12) (b), 1997 stats., that are shown on the department's automated payment and collection system on December 31, 1998, and shall deposit all fees collected under this subdivision in the appropriation account under s. 20.445 (3) 20.437 (2) (ja). The department or its designee may collect unpaid fees under this subdivision through income withholding under s. 767.75 (2m). If the department or its designee determines that income withholding is inapplicable, ineffective, or insufficient for the collection of any unpaid fees under this subdivision, the department or its designee may move the court for a remedial sanction under ch. 785. The department or its designee may contract with or employ a collection agency or other person for the collection of any unpaid fees under this subdivision and, notwithstanding s. 20.930, may contract with or employ an attorney to appear in any action in state or federal court to enforce the payment obligation. The department or its designee may not deduct the amount of unpaid fees from any maintenance, child or family support, or arrearage payment.

SB40-ASA1, s. 2856 Section 2856. 767.57 (1e) (c) of the statutes is created to read:

SB40-ASA1,1522,18 767.57 (1e) (c) The department or its designee shall collect an annual fee of $25 from every individual receiving child support or family support payments. In applicable cases, the fee shall comply with all requirements under 42 USC 654 (6) (B). The department or its designee may deduct the fee from maintenance, child or family support, or arrearage payments. Fees collected under this paragraph shall be deposited in the appropriation account under s. 20.445 (3) (ja).

SB40-ASA1, s. 3737d Section 3737d. 767.57 (1e) (c) of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-ASA1,1523,2 767.57 (1e) (c) The department or its designee shall collect an annual fee of $25 from every individual receiving child support or family support payments. In applicable cases, the fee shall comply with all requirements under 42 USC 654 (6) (B). The department or its designee may deduct the fee from maintenance, child or family support, or arrearage payments. Fees collected under this paragraph shall be deposited in the appropriation account under s. 20.445 (3) 20.437 (2) (ja).

SB40-ASA1, s. 2857 Section 2857. 767.57 (1m) (c) of the statutes is amended to read:

SB40-ASA1,1523,8 767.57 (1m) (c) The party entitled to the support or maintenance money or a minor child of the party has applied for or is receiving aid under s. 46.261 48.645 or public assistance under ch. 49 and there is an assignment to the state under s. 46.261 48.645 (3) or 49.19 (4) (h) 1. b. of the party's right to the support or maintenance money.

SB40-ASA1, s. 2858 Section 2858. 767.57 (2) of the statutes is amended to read:

SB40-ASA1,1524,4 767.57 (2) Procedure if recipient on public assistance. If a party entitled to maintenance or support, or both, is receiving public assistance under ch. 49, the party may assign the party's right to support or maintenance to the county department under s. 46.215, 46.22, or 46.23 granting the assistance. The assignment shall be approved by order of the court granting the maintenance or support. The assignment may not be terminated if there is a delinquency in the amount to be paid to the assignee of maintenance and support previously ordered without the written consent of the assignee or upon notice to the assignee and a hearing. When an assignment of maintenance or support, or both, has been approved by the order, the assignee shall be deemed a real party in interest within s. 803.01 solely for the purpose of securing payment of unpaid maintenance or support ordered to be paid, by participating in proceedings to secure the payment of unpaid amounts. Notwithstanding assignment under this subsection, and without further order of the court, the department or its designee, upon receiving notice that a party or a minor child of the parties is receiving aid under s. 46.261 48.645 or public assistance under ch. 49 or that a kinship care relative or long-term kinship care relative of the minor child is receiving kinship care payments or long-term kinship care payments for the minor child, shall forward all support assigned under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19) to the assignee under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19).

SB40-ASA1, s. 2859 Section 2859. 767.57 (4) of the statutes is amended to read:

SB40-ASA1,1524,14 767.57 (4) Procedure for certain child recipients. If an order or judgment providing for the support of one or more children not receiving aid under s. 46.261, 48.57 (3m) or (3n), 48.645, or 49.19 includes support for a minor who is the beneficiary of aid under s. 46.261, 48.57 (3m) or (3n), 48.645, or 49.19, any support payment made under the order or judgment is assigned to the state under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), or 49.19 (4) (h) 1. b. in the amount that is the proportionate share of the minor receiving aid under s. 46.261, 48.57 (3m) or (3n), 48.645, or 49.19, except as otherwise ordered by the court on the motion of a party.

SB40-ASA1, s. 2860 Section 2860. 767.59 (1c) (a) (intro.) of the statutes is amended to read:

SB40-ASA1,1524,21 767.59 (1c) (a) (intro.) On the petition, motion, or order to show cause of either of the parties, the department, a county department under s. 46.215, 46.22, or 46.23, or a county child support agency under s. 59.53 (5) if an assignment has been made under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h), or 49.45 (19) or if either party or their minor children receive aid under s. 48.57 (3m) or (3n) or 48.645 or ch. 49, a court may, except as provided in par. (b), do any of the following:

SB40-ASA1, s. 2861 Section 2861. 767.59 (1f) (b) 4. of the statutes is amended to read:

SB40-ASA1,1525,3 767.59 (1f) (b) 4. A difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under s. 49.22 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 49.345 (14) (d), 301.12 (14) (d), or 767.511 (1n), whichever is appropriate.

SB40-ASA1, s. 2862 Section 2862. 767.59 (2) (c) of the statutes is amended to read:

SB40-ASA1,1525,9 767.59 (2) (c) If the court revises a judgment or order providing for child support that was entered under s. 48.355 (2) (b) 4., 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) (a) or 938.363 (2), the court shall determine child support in the manner provided in s. 46.10 49.345 (14) or 301.12 (14), whichever is applicable.

SB40-ASA1, s. 2863 Section 2863. 767.59 (2s) of the statutes is amended to read:

SB40-ASA1,1525,16 767.59 (2s) Stipulation for revision of support. In an action under sub. (1c), the court may not approve a stipulation for the revision of a judgment or order with respect to an amount of child support or family support unless the stipulation provides for payment of an amount of child support or family support that is determined in the manner required under s. 46.10 (14), 49.345 (14), 301.12 (14), 767.511, 767.805 (4), or 767.89, whichever is appropriate.

SB40-ASA1, s. 2864 Section 2864. 767.87 (2m) of the statutes is amended to read:

SB40-ASA1,1525,21 767.87 (2m) Admissibility of certain medical and genetic information. Medical and genetic information filed with the department of health and family services or the court under s. 48.425 (1) (am) or (2) is not admissible to prove the paternity of the child.

SB40-ASA1, s. 2865 Section 2865. 767.87 (6) (a) of the statutes is amended to read:

SB40-ASA1,1526,7 767.87 (6) (a) Whenever the state brings the action to determine paternity pursuant to an assignment under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157, or 49.159, the natural mother of the child may not be compelled to testify about the paternity of the child if it has been determined that the mother has good cause for refusing to cooperate in establishing paternity as provided in 42 USC 602 (a) (26) (B) and the federal regulations promulgated pursuant to this statute, as of July 1, 1981, and pursuant to any rules promulgated by the department which define good cause in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B) in effect on July 1, 1981.

SB40-ASA1, s. 3746h Section 3746h. 767.89 (2) of the statutes is renumbered 767.89 (2) (a).

SB40-ASA1, s. 3746i Section 3746i. 767.89 (2) (b) of the statutes is created to read:

SB40-ASA1,1526,13 767.89 (2) (b) If the clerk of court or county child support agency is unable to collect any of the following fees under par. (a), the department shall pay the fee and may not require the county or county child support agency to reimburse the department for the cost:

SB40-ASA1,1526,15 1. A fee for omitting the father's name on a birth certificate under s. 69.15 (3) (a) 1.

SB40-ASA1,1526,17 2. A fee for changing the father's name on a birth certificate under s. 69.15 (3) (a) 2.

SB40-ASA1,1526,19 3. A fee for inserting the father's name on a birth certificate under s. 69.15 (3) (a) 3.

SB40-ASA1, s. 2866 Section 2866. 769.201 (7) of the statutes is amended to read:

SB40-ASA1,1526,24 769.201 (7) The individual asserted parentage in a declaration of paternal interest filed with the department of health and family services children and families under s. 48.025 or in a statement acknowledging paternity filed with the state registrar under s. 69.15 (3) (b) 1. or 3.

SB40-ASA1, s. 2867 Section 2867. 769.31 (1) of the statutes is amended to read:

SB40-ASA1,1527,2 769.31 (1) The department of workforce development children and families is the state information agency under this chapter.

SB40-ASA1, s. 2868 Section 2868. 801.02 (1) of the statutes is amended to read:

SB40-ASA1,1527,8 801.02 (1) A Except as provided in s. 20.931 (5) (b), a civil action in which a personal judgment is sought is commenced as to any defendant when a summons and a complaint naming the person as defendant are filed with the court, provided service of an authenticated copy of the summons and of the complaint is made upon the defendant under this chapter within 90 days after filing.

SB40-ASA1, s. 2869 Section 2869. 803.03 (2) (c) of the statutes is amended to read:

SB40-ASA1,1527,17 803.03 (2) (c) Scheduling and pretrial conferences. At the scheduling conference and pretrial conference, the judge to whom the case has been assigned shall inquire concerning the existence of and joinder of persons with subrogated, derivative or assigned rights and shall make such orders as are necessary to effectuate the purposes of this section. If the case is an action to recover damages based on alleged criminally injurious conduct, the court shall inquire to see if an award has been made under subch. I of ch. 949 and if the department of justice is subrogated to the cause of action under s. 949.15.

SB40-ASA1, s. 2870 Section 2870. 803.09 (1) and (2) of the statutes are amended to read:

SB40-ASA1,1527,24 803.09 (1) Upon Except as provided in s. 20.931, upon timely motion anyone shall be permitted to intervene in an action when the movant claims an interest relating to the property or transaction which is the subject of the action and the movant is so situated that the disposition of the action may as a practical matter impair or impede the movant's ability to protect that interest, unless the movant's interest is adequately represented by existing parties.

SB40-ASA1,1528,9 (2) Upon Except as provided in s. 20.931, upon timely motion anyone may be permitted to intervene in an action when a movant's claim or defense and the main action have a question of law or fact in common. When a party to an action relies for ground of claim or defense upon any statute or executive order or rule administered by a federal or state governmental officer or agency or upon any regulation, order, rule, requirement or agreement issued or made pursuant to the statute or executive order, the officer or agency upon timely motion may be permitted to intervene in the action. In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.