Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for SB 1622
       
       
       
       
       
       
                                Barcode 783574                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             05/06/2011 12:48 PM       .                                
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       Senator Flores moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 88.1011, Florida Statutes, is amended to
    6  read:
    7         88.1011 Definitions.—As used in this act:
    8         (1) “Child” means an individual, whether over or under the
    9  age of majority, who is or is alleged to be owed a duty of
   10  support by the individual’s parent or who is or is alleged to be
   11  the beneficiary of a support order directed to the parent.
   12         (2) “Child support order” means a support order for a
   13  child, including a child who has attained the age of majority
   14  under the law of the issuing state or foreign country.
   15         (3) “Convention” means the Convention on the International
   16  Recovery of Child Support and Other Forms of Family Maintenance,
   17  concluded at The Hague on November 23, 2007.
   18         (4)(3) “Duty of support” means an obligation imposed or
   19  imposable by law to provide support for a child, spouse, or
   20  former spouse, including an unsatisfied obligation to provide
   21  support.
   22         (5) “Foreign country” means a country, including a
   23  political subdivision thereof, other than the United States,
   24  that authorizes the issuance of support orders and:
   25         (a) Which has been declared under the law of the United
   26  States to be a foreign reciprocating country;
   27         (b) Which has established a reciprocal arrangement for
   28  child support with this state as provided in s. 88.3081;
   29         (c) Which has enacted a law or established procedures for
   30  the issuance and enforcement of support orders which are
   31  substantially similar to the procedures under this act; or
   32         (d) In which the convention is in force with respect to the
   33  United States.
   34         (6) “Foreign support order” means a support order of a
   35  foreign tribunal.
   36         (7) “Foreign tribunal” means a court, administrative
   37  agency, or quasi-judicial entity of a foreign country which is
   38  authorized to establish, enforce, or modify support orders or to
   39  determine parentage of a child. The term includes a competent
   40  authority under the convention.
   41         (8)(4) “Home state” means the state or foreign country in
   42  which a child lived with a parent or a person acting as parent
   43  for at least 6 consecutive months immediately preceding the time
   44  of filing of a petition or comparable pleading for support and,
   45  if a child is less than 6 months old, the state or foreign
   46  country in which the child lived from birth with any of them. A
   47  period of temporary absence of any of them is counted as part of
   48  the 6-month or other period.
   49         (9)(5) “Income” includes earnings or other periodic
   50  entitlements to money from any source and any other property
   51  subject to withholding for support under the law of this state.
   52         (10)(6) “Income-withholding order” means an order or other
   53  legal process directed to an obligor’s employer or other debtor,
   54  as defined by the income deduction law of this state, or payor
   55  as defined by s. 61.046, to withhold support from the income of
   56  the obligor.
   57         (7) “Initiating state” means a state from which a
   58  proceeding is forwarded or in which a proceeding is filed for
   59  forwarding to a responding state under this act or a law or
   60  procedure substantially similar to this act, the Uniform
   61  Reciprocal Enforcement of Support Act, or the Revised Uniform
   62  Reciprocal Enforcement of Support Act.
   63         (11)(8) “Initiating tribunal” means the authorized tribunal
   64  of a state or foreign country from which a petition or
   65  comparable pleading is forwarded or in which a petition or
   66  comparable pleading is filed for forwarding to another state or
   67  foreign country in an initiating state.
   68         (12) “Issuing foreign country” means the foreign country in
   69  which a tribunal issues a support order or a judgment
   70  determining parentage of a child.
   71         (13)(9) “Issuing state” means the state in which a tribunal
   72  issues a support order or renders a judgment determining
   73  parentage of a child.
   74         (14)(10) “Issuing tribunal” means the tribunal of a state
   75  or foreign country that issues a support order or renders a
   76  judgment determining parentage of a child.
   77         (15)(11) “Law” includes decisional and statutory law and
   78  rules and regulations having the force of law.
   79         (16)(12) “Obligee” means:
   80         (a) An individual to whom a duty of support is or is
   81  alleged to be owed or in whose favor a support order has been
   82  issued or a judgment determining parentage of a child has been
   83  issued rendered;
   84         (b) A foreign country, state, or political subdivision of a
   85  state to which the rights under a duty of support or support
   86  order have been assigned or which has independent claims based
   87  on financial assistance provided to an individual obligee in
   88  place of child support; or
   89         (c) An individual seeking a judgment determining parentage
   90  of the individual’s child; or
   91         (d) A person that is a creditor in a proceeding under part
   92  VII of this chapter.
   93         (17)(13) “Obligor” means an individual, or the estate of a
   94  decedent that:
   95         (a) Who Owes or is alleged to owe a duty of support;
   96         (b) Who Is alleged but has not been adjudicated to be a
   97  parent of a child; or
   98         (c) Who Is liable under a support order; or
   99         (d) Is a debtor in a proceeding under part VII.
  100         (18) “Outside this state” means a location in another state
  101  or a country other than the United States, whether or not the
  102  country is a foreign country.
  103         (19) “Person” means an individual, corporation, business
  104  trust, estate, trust, partnership, limited liability company,
  105  association, joint venture, public corporation, government, or
  106  governmental subdivision, agency, or instrumentality or any
  107  other legal or commercial entity.
  108         (20) “Record” means information that is inscribed on a
  109  tangible medium or that is stored in an electronic or other
  110  medium that is retrievable in perceivable form.
  111         (21)(14) “Register” means to record or file in a tribunal
  112  of this state a support order or judgment determining parentage
  113  of a child issued in another state or a foreign country in the
  114  Registry of Foreign Support Orders of the circuit court, or
  115  other appropriate location for the recording or filing of
  116  foreign judgments generally or foreign support orders
  117  specifically.
  118         (22)(15) “Registering tribunal” means a tribunal in which a
  119  support order or judgment determining parentage of a child is
  120  registered.
  121         (23)(16) “Responding state” means a state in which a
  122  petition or comparable pleading for support or to determine
  123  parentage of a child proceeding is filed or to which a petition
  124  or comparable pleading proceeding is forwarded for filing from
  125  another state or a foreign country an initiating state under
  126  this act or a law or procedure substantially similar to this
  127  act, the Uniform Reciprocal Enforcement of Support Act, or the
  128  Revised Uniform Reciprocal Enforcement of Support Act.
  129         (24)(17) “Responding tribunal” means the authorized
  130  tribunal in a responding state or a foreign country.
  131         (25)(18) “Spousal-support order” means a support order for
  132  a spouse or former spouse of the obligor.
  133         (26)(19) “State” means a state of the United States, the
  134  District of Columbia, Puerto Rico, the United States Virgin
  135  Islands, or any territory or insular possession under subject to
  136  the jurisdiction of the United States. The term includes:
  137         (a) an Indian nation or tribe; and
  138         (b) A foreign jurisdiction that has enacted a law or
  139  established procedures for issuance and enforcement of support
  140  orders which are substantially similar to the procedures under
  141  this act, the Uniform Reciprocal Enforcement of Support Act, or
  142  the Revised Uniform Reciprocal Enforcement of Support Act, as
  143  determined by the Attorney General.
  144         (27)(20) “Support enforcement agency” means a public
  145  official, governmental entity, or private agency authorized to
  146  seek:
  147         (a) Seek enforcement of support orders or laws relating to
  148  the duty of support;
  149         (b) Seek establishment or modification of child support;
  150         (c) Request determination of parentage of a child; or
  151         (d) Attempt to locate obligors or their assets; or
  152         (e) Request determination of the controlling child support
  153  order.
  154         (28)(21) “Support order” means a judgment, decree, or
  155  order, decision, or directive, whether temporary, final, or
  156  subject to modification, issued in a state or foreign country
  157  for the benefit of a child, a spouse, or a former spouse, which
  158  provides for monetary support, health care, arrearages,
  159  retroactive support, or reimbursement for financial assistance
  160  provided to an individual obligee in place of child support. The
  161  term, and may include related costs and fees, interest, income
  162  withholding, automatic adjustment, reasonable attorney’s fees,
  163  and other relief.
  164         (29)(22) “Tribunal” means a court, administrative agency,
  165  or quasi-judicial entity authorized to establish, enforce, or
  166  modify support orders or to determine parentage of a child.
  167         Section 2. Section 88.1021, Florida Statutes, is amended to
  168  read:
  169         88.1021 Tribunal of State tribunal and support enforcement
  170  agency.—
  171         (1) The circuit court or other appropriate court,
  172  administrative agency, quasi-judicial entity, or combination is
  173  the tribunal of this state.
  174         (2) The Department of Revenue is the support enforcement
  175  agency of this state.
  176         Section 3. Section 88.1031, Florida Statutes, is amended to
  177  read:
  178         88.1031 Remedies cumulative.—
  179         (1) Remedies provided by this act are cumulative and do not
  180  affect the availability of remedies under other law, or the
  181  recognition of a foreign support order on the basis of comity.
  182         (2) This act does not:
  183         (a) Provide the exclusive method of establishing or
  184  enforcing a support order under the law of this state; or
  185         (b) Grant a tribunal of this state jurisdiction to render
  186  judgment or issue an order relating to child custody or
  187  visitation in a proceeding under this act.
  188         Section 4. Section 88.1041, Florida Statutes, is created to
  189  read:
  190         88.1041 Application of act to resident of foreign country
  191  and foreign support proceeding.—
  192         (1) A tribunal of this state shall apply parts I through VI
  193  of this chapter, and, as applicable, part VII of this chapter,
  194  to a support proceeding involving:
  195         (a) A foreign support order;
  196         (b) A foreign tribunal; or
  197         (c) An obligee, obligor, or child residing in a foreign
  198  country.
  199         (2) A tribunal of this state that is requested to recognize
  200  and enforce a support order on the basis of comity may apply the
  201  procedural and substantive provisions of parts I through VI of
  202  this chapter.
  203         (3) Part VII of this chapter applies only to a support
  204  proceeding under the convention. In such a proceeding, if a
  205  provision of part VII of this chapter is inconsistent with parts
  206  I through VI of this chapter, part VII of this chapter controls.
  207         Section 5. Section 88.2011, Florida Statutes, is amended to
  208  read:
  209         88.2011 Bases for jurisdiction over nonresident.—
  210         (1) In a proceeding to establish or, enforce, or modify a
  211  support order or to determine parentage of a child, a tribunal
  212  of this state may exercise personal jurisdiction over a
  213  nonresident individual or the individual’s guardian or
  214  conservator if:
  215         (a)(1) The individual is personally served with citation,
  216  summons, or notice within this state;
  217         (b)(2) The individual submits to the jurisdiction of this
  218  state by consent in a record, by entering a general appearance,
  219  or by filing a responsive document having the effect of waiving
  220  any contest to personal jurisdiction;
  221         (c)(3) The individual resided with the child in this state;
  222         (d)(4) The individual resided in this state and provided
  223  prenatal expenses or support for the child;
  224         (e)(5) The child resides in this state as a result of the
  225  acts or directives of the individual;
  226         (f)(6) The individual engaged in sexual intercourse in this
  227  state and the child may have been conceived by that act of
  228  intercourse;
  229         (g)(7) The individual asserted parentage of a child in a
  230  tribunal or in a putative father registry maintained in this
  231  state by the appropriate agency; or
  232         (h)(8) There is any other basis consistent with the
  233  constitutions of this state and the United States for the
  234  exercise of personal jurisdiction.
  235         (2) The bases of personal jurisdiction set forth in
  236  subsection (1) or in any other law of this state may not be used
  237  to acquire personal jurisdiction for tribunal of this state to
  238  modify a child support order of another state unless the
  239  requirements of s. 88.6111 are met, or, in the case of a foreign
  240  support order, unless the requirements of s. 88.6151 are met.
  241         Section 6. Section 88.2021, Florida Statutes, is amended to
  242  read:
  243         88.2021 Duration of personal Procedure when exercising
  244  jurisdiction over nonresident.—Personal jurisdiction acquired by
  245  a tribunal of this state in a proceeding under this act or other
  246  law of this state relating to a support order continues as long
  247  as a tribunal of this state has continuing, exclusive
  248  jurisdiction to modify its order or continuing jurisdiction to
  249  enforce its order as provided by ss. 88.2051, 88.2061, and
  250  88.2111 A tribunal of this state exercising personal
  251  jurisdiction over a nonresident under s. 88.2011 may apply s.
  252  88.3161 (special rules of evidence and procedure) to receive
  253  evidence from another state, and s. 88.3181 (assistance with
  254  discovery) to obtain discovery through a tribunal of another
  255  state. In all other respects, parts III through VII of this
  256  chapter do not apply and the tribunal shall apply the procedural
  257  and substantive law of this state, including the rules on choice
  258  of law other than those established by this act.
  259         Section 7. Section 88.2031, Florida Statutes, is amended to
  260  read:
  261         88.2031 Initiating and responding tribunal of state.—Under
  262  this act, a tribunal of this state may serve as an initiating
  263  tribunal to forward proceedings to a tribunal of another state
  264  and as a responding tribunal for proceedings initiated in
  265  another state or a foreign country.
  266         Section 8. Section 88.2041, Florida Statutes, is amended to
  267  read:
  268         88.2041 Simultaneous proceedings in another state.—
  269         (1) A tribunal of this state may exercise jurisdiction to
  270  establish a support order if the petition or comparable pleading
  271  is filed after a petition or comparable pleading is filed in
  272  another state or a foreign country only if:
  273         (a) The petition or comparable pleading in this state is
  274  filed before the expiration of the time allowed in the other
  275  state or the foreign country for filing a responsive pleading
  276  challenging the exercise of jurisdiction by the other state or
  277  the foreign country;
  278         (b) The contesting party timely challenges the exercise of
  279  jurisdiction in the other state or the foreign country; and
  280         (c) If relevant, this state is the home state of the child.
  281         (2) A tribunal of this state may not exercise jurisdiction
  282  to establish a support order if the petition or comparable
  283  pleading is filed before a petition or comparable pleading is
  284  filed in another state or a foreign country if:
  285         (a) The petition or comparable pleading in the other state
  286  or the foreign country is filed before the expiration of the
  287  time allowed in this state for filing a responsive pleading
  288  challenging the exercise of jurisdiction by this state;
  289         (b) The contesting party timely challenges the exercise of
  290  jurisdiction in this state; and
  291         (c) If relevant, the other state or the foreign country is
  292  the home state of the child.
  293         Section 9. Section 88.2051, Florida Statutes, is amended to
  294  read:
  295         88.2051 Continuing exclusive jurisdiction.—
  296         (1) A tribunal of this state that has issued issuing a
  297  child support order consistent with the law of this state has
  298  and shall exercise continuing, exclusive jurisdiction to modify
  299  its over a child support order if the order is the controlling
  300  order and:
  301         (a) At the time of the filing of a request for
  302  modification, As long as this state is remains the residence of
  303  the obligor, the individual obligee, or the child for whose
  304  benefit the support order is issued; or
  305         (b) Even if this state is not the residence of the obligor,
  306  the individual obligee, or the child for whose benefit the
  307  support order is issued, the parties consent in a record or in
  308  open court that the tribunal of this state may continue to
  309  exercise jurisdiction to modify its order Until all of the
  310  parties who are individuals have filed written consents with the
  311  tribunal of this state for a tribunal of another state to modify
  312  the order and assume continuing exclusive jurisdiction.
  313         (2) A tribunal of this state that has issued issuing a
  314  child support order consistent with the law of this state may
  315  not exercise its continuing, exclusive jurisdiction to modify
  316  the order if: the order has been modified by a tribunal of
  317  another state pursuant to this act or a law substantially
  318  similar to this act.
  319         (a) All of the parties who are individuals file consent in
  320  a record with the tribunal of this state that a tribunal of
  321  another state that has jurisdiction over at least one of the
  322  parties who is an individual or that is located in the state of
  323  residence of the child may modify the order and assume
  324  continuing, exclusive jurisdiction; or
  325         (b) Its order is not the controlling order.
  326         (3) If a child support order of this state is modified by a
  327  tribunal of another state pursuant to this act or a law
  328  substantially similar to this act, a tribunal of this state
  329  loses its continuing exclusive jurisdiction with regard to
  330  prospective enforcement of the order issued in this state, and
  331  may only:
  332         (a) Enforce the order that was modified as to amounts
  333  accruing before the modification;
  334         (b) Enforce nonmodifiable aspects of that order; and
  335         (c) Provide other appropriate relief for violations of that
  336  order which occurred before the effective date of the
  337  modification.
  338         (3)(4)If a tribunal of this state shall recognize the
  339  continuing exclusive jurisdiction of a tribunal of another state
  340  which has issued a child support order pursuant to this act or a
  341  law substantially similar to this act which modifies a child
  342  support order of a tribunal of this state, tribunals of this
  343  state shall recognize the continuing, exclusive jurisdiction of
  344  the tribunal of the other state.
  345         (4) A tribunal of this state that lacks continuing,
  346  exclusive jurisdiction to modify a child support order may serve
  347  as an initiating tribunal to request a tribunal of another state
  348  to modify a support order issued in that state.
  349         (5) A temporary support order issued ex parte or pending
  350  resolution of a jurisdictional conflict does not create
  351  continuing exclusive jurisdiction in the issuing tribunal.
  352         (6) A tribunal of this state issuing a support order
  353  consistent with the law of this state has continuing exclusive
  354  jurisdiction over a spousal support order throughout the
  355  existence of the support obligation. A tribunal of this state
  356  may not modify a spousal support order issued by a tribunal of
  357  another state having continuing exclusive jurisdiction over that
  358  order under the law of that state.
  359         Section 10. Section 88.2061, Florida Statutes, is amended
  360  to read:
  361         88.2061 Enforcement and modification of support order by
  362  tribunal having Continuing jurisdiction to enforce child support
  363  order.—
  364         (1) A tribunal of this state that has issued a child
  365  support order consistent with the law of this state may serve as
  366  an initiating tribunal to request a tribunal of another state to
  367  enforce: or modify a support order issued in that state.
  368         (a) The order if the order is the controlling order and has
  369  not been modified by a tribunal of another state that assumed
  370  jurisdiction pursuant to the Uniform Interstate Family Support
  371  Act; or
  372         (b) A money judgment for arrears of support and interest on
  373  the order accrued before a determination that an order of a
  374  tribunal of another state is the controlling order.
  375         (2) A tribunal of this state having continuing exclusive
  376  jurisdiction over a support order may act as a responding
  377  tribunal to enforce or modify the order. If a party subject to
  378  the continuing exclusive jurisdiction of the tribunal no longer
  379  resides in the issuing state, in subsequent proceedings the
  380  tribunal may apply s. 88.3161 (special rules of evidence and
  381  procedure) to receive evidence from another state and s. 88.3181
  382  (assistance with discovery) to obtain discovery through a
  383  tribunal of another state.
  384         (3) A tribunal of this state which lacks continuing
  385  exclusive jurisdiction over a spousal support order may not
  386  serve as a responding tribunal to modify a spousal support order
  387  of another state.
  388         Section 11. Section 88.2071, Florida Statutes, is amended
  389  to read:
  390         88.2071 Determination Recognition of controlling child
  391  support order.—
  392         (1) If a proceeding is brought under this act and only one
  393  tribunal has issued a child support order, the order of that
  394  tribunal controls and must be so recognized.
  395         (2) If a proceeding is brought under this act, and two or
  396  more child support orders have been issued by tribunals of this
  397  state, or another state, or a foreign country with regard to the
  398  same obligor and the same child, a tribunal of this state having
  399  personal jurisdiction over both the obligor and individual
  400  obligee shall apply the following rules and by order shall
  401  determine in determining which order controls and must be
  402  recognized to recognize for purposes of continuing, exclusive
  403  jurisdiction:
  404         (a) If only one of the tribunals would have continuing,
  405  exclusive jurisdiction under this act, the order of that
  406  tribunal controls and must be so recognized.
  407         (b) If more than one of the tribunals would have
  408  continuing, exclusive jurisdiction under this act:,
  409         1. An order issued by a tribunal in the current home state
  410  of the child controls; or and must be so recognized, but
  411         2. If an order has not been issued in the current home
  412  state of the child, the order most recently issued controls and
  413  must be so recognized.
  414         (c) If none of the tribunals would have continuing,
  415  exclusive jurisdiction under this act, the tribunal of this
  416  state having jurisdiction over the parties shall issue a child
  417  support order, which controls and must be so recognized.
  418         (3) If two or more child support orders have been issued
  419  for the same obligor and the same child, upon request of and if
  420  the obligor or the individual obligee resides in this state, a
  421  party who is an individual or that is a support enforcement
  422  agency, may request a tribunal of this state having personal
  423  jurisdiction over both the obligor and the obligee who is an
  424  individual shall to determine which order controls and must be
  425  so recognized under subsection (2). The request may be filed
  426  with a registration for enforcement or registration for
  427  modification pursuant to part VI of this chapter, or may be
  428  filed as a separate proceeding must be accompanied by a
  429  certified copy of every support order in effect. The requesting
  430  party shall give notice of the request to each party whose
  431  rights may be affected by the determination.
  432         (4) A request to determine which is the controlling order
  433  must be accompanied by a copy of every child support order in
  434  effect and the applicable record of payments. The requesting
  435  party shall give notice of the request to each party whose
  436  rights may be affected by the determination.
  437         (5)(4) The tribunal that issued the controlling order under
  438  subsection (1), subsection (2), or subsection (3) is the
  439  tribunal that has continuing, exclusive jurisdiction to the
  440  extent provided in s. under s. 88.2051 or s. 88.2061.
  441         (6)(5) A tribunal of this state that which determines by
  442  order which is the identity of the controlling order under
  443  paragraph (2)(a), or paragraph (2)(b), or subsection (3) or that
  444  which issues a new controlling order under paragraph (2)(c)
  445  shall state in that order:
  446         (a) The basis upon which the tribunal made its
  447  determination;.
  448         (b) The amount of prospective support, if any; and
  449         (c) The total amount of consolidated arrears and accrued
  450  interest, if any, under all of the orders after all payments
  451  made are credited as provided by s. 88.2091.
  452         (7)(6) Within 30 days after issuance of an order
  453  determining which is the identity of the controlling order, the
  454  party obtaining the order shall file a certified copy of it in
  455  with each tribunal that issued or registered an earlier order of
  456  child support. A party or support enforcement agency obtaining
  457  who obtains the order that and fails to file a certified copy is
  458  subject to appropriate sanctions by a tribunal in which the
  459  issue of failure to file arises. The failure to file does not
  460  affect the validity or enforceability of the controlling order.
  461         (8) An order that has been determined to be the controlling
  462  order, or a judgment for consolidated arrears of support and
  463  interest, if any, made pursuant to this section must be
  464  recognized in proceedings under this act.
  465         Section 12. Section 88.2081, Florida Statutes, is amended
  466  to read:
  467         88.2081 Multiple Child support orders for two or more
  468  obligees.—In responding to multiple registrations, petitions, or
  469  comparable pleadings for enforcement of two or more child
  470  support orders in effect at the same time with regard to the
  471  same obligor and different individual obligees, at least one of
  472  which was issued by a tribunal of another state or a foreign
  473  country, a tribunal of this state shall enforce those orders in
  474  the same manner as if the multiple orders had been issued by a
  475  tribunal of this state.
  476         Section 13. Section 88.2091, Florida Statutes, is amended
  477  to read:
  478         88.2091 Credit for payments.—A tribunal of this state shall
  479  credit amounts collected and credited for a particular period
  480  pursuant to any child support order against the amounts owed for
  481  the same period under any other child support order for support
  482  of the same child a support order issued by a tribunal of
  483  another state must be credited against the amounts accruing or
  484  accrued for the same period under a support order issued by the
  485  tribunal of this state, another state, or a foreign country.
  486         Section 14. Section 88.2101, Florida Statutes, is created
  487  to read:
  488         88.2101 Application of act to nonresident subject to
  489  personal jurisdiction.—A tribunal of this state exercising
  490  personal jurisdiction over a nonresident in a proceeding under
  491  this act, under another law of this state relating to a support
  492  order, or recognizing a foreign support order may receive
  493  evidence from outside this state pursuant to s. 88.3161,
  494  communicate with a tribunal outside this state pursuant to s.
  495  88.3171, and obtain discovery through a tribunal outside this
  496  state pursuant to s. 88.3181. In all other respects, parts III
  497  through VI of this chapter do not apply, and the tribunal shall
  498  apply the procedural and substantive law of this state.
  499         Section 15. Section 88.2111, Florida Statutes, is created
  500  to read:
  501         88.2111 Continuing, exclusive jurisdiction to modify
  502  spousal support order.—
  503         (1) A tribunal of this state issuing a spousal support
  504  order consistent with the law of this state has continuing,
  505  exclusive jurisdiction to modify the spousal support order
  506  throughout the existence of the support obligation.
  507         (2) A tribunal of this state may not modify a spousal
  508  support order issued by a tribunal of another state or foreign
  509  country having continuing, exclusive jurisdiction over that
  510  order under the law of that state or foreign country.
  511         (3) A tribunal of this state that has continuing, exclusive
  512  jurisdiction over a spousal support order may serve as:
  513         (a) An initiating tribunal to request a tribunal of another
  514  state to enforce the spousal support order issued in this state;
  515  or
  516         (b) A responding tribunal to enforce or modify its own
  517  spousal support order.
  518         Section 16. Section 88.3011, Florida Statutes, is amended
  519  to read:
  520         88.3011 Proceedings under this act.—
  521         (1) Except as otherwise provided in this act, this part
  522  article applies to all proceedings under this act.
  523         (2) This act provides for the following proceedings:
  524         (a) Establishment of an order for spousal support or child
  525  support pursuant to part IV;
  526         (b) Enforcement of a support order and income-withholding
  527  order of another state without registration pursuant to part V;
  528         (c) Registration of an order for spousal support or child
  529  support of another state for enforcement pursuant to part VI;
  530         (d) Modification of an order for child support or spousal
  531  support issued by a tribunal of this state pursuant to ss.
  532  88.2031-88.2061;
  533         (e) Registration of an order for child support of another
  534  state for modification pursuant to part VI;
  535         (f) Determination of parentage pursuant to part VII; and
  536         (g) Assertion of jurisdiction over nonresidents pursuant to
  537  ss. 88.2011-88.2021.
  538         (2)(3) An individual petitioner or a support enforcement
  539  agency may initiate commence a proceeding authorized under this
  540  act by filing a petition or a comparable pleading in an
  541  initiating tribunal for forwarding to a responding tribunal or
  542  by filing a petition or a comparable pleading directly in a
  543  tribunal of another state or a foreign country which has or can
  544  obtain personal jurisdiction over the respondent.
  545         Section 17. Section 88.3021, Florida Statutes, is amended
  546  to read:
  547         88.3021 Proceeding Action by minor parent.—A minor parent,
  548  or a guardian or other legal representative of a minor parent,
  549  may maintain a proceeding on behalf of or for the benefit of the
  550  minor’s child.
  551         Section 18. Section 88.3031, Florida Statutes, is amended
  552  to read:
  553         88.3031 Application of law of state.—Except as otherwise
  554  provided in by this act, a responding tribunal of this state
  555  shall:
  556         (1) Shall Apply the procedural and substantive law,
  557  including the rules on choice of law, generally applicable to
  558  similar proceedings originating in this state and may exercise
  559  all powers and provide all remedies available in those
  560  proceedings; and
  561         (2) Shall Determine the duty of support and the amount
  562  payable in accordance with the law and support guidelines of
  563  this state.
  564         Section 19. Section 88.3041, Florida Statutes, is amended
  565  to read:
  566         88.3041 Duties of initiating tribunal.—
  567         (1) Upon the filing of a petition or comparable pleading
  568  authorized by this act, an initiating tribunal of this state
  569  shall forward three copies of the petition and its accompanying
  570  documents or a comparable pleading and its accompanying
  571  documents:
  572         (a) To the responding tribunal or appropriate support
  573  enforcement agency in the responding state; or
  574         (b) If the identity of the responding tribunal is unknown,
  575  to the state information agency of the responding state with a
  576  request that they be forwarded to the appropriate tribunal and
  577  that receipt be acknowledged.
  578         (2) If requested by the responding tribunal a responding
  579  state has not enacted this act or a law or procedure
  580  substantially similar to this act, a tribunal of this state
  581  shall may issue a certificate or other document and make
  582  findings required by the law of the responding state. If the
  583  responding tribunal state is in a foreign country jurisdiction,
  584  upon request the tribunal of this state shall may specify the
  585  amount of support sought, convert that amount into the
  586  equivalent amount in the foreign currency under applicable
  587  official or market exchange rate as publicly reported, and
  588  provide any other documents necessary to satisfy the
  589  requirements of the responding foreign tribunal state.
  590         Section 20. Section 88.3051, Florida Statutes, is amended
  591  to read:
  592         88.3051 Duties and powers of responding tribunal.—
  593         (1) When a responding tribunal of this state receives a
  594  petition or comparable pleading from an initiating tribunal or
  595  directly pursuant to s. 88.3011(2)(3), it shall cause the
  596  petition or comparable pleading to be filed and notify the
  597  petitioner where and when it was filed.
  598         (2) A responding tribunal of this state, to the extent not
  599  prohibited otherwise authorized by other law, may do one or more
  600  of the following:
  601         (a) Establish Issue or enforce a support order, modify a
  602  child support order, determine the controlling child support
  603  order, or render a judgment to determine parentage of a child.
  604         (b) Order an obligor to comply with a support order,
  605  specifying the amount and the manner of compliance.
  606         (c) Order income withholding.
  607         (d) Determine the amount of any arrearages, and specify a
  608  method of payment.
  609         (e) Enforce orders by civil or criminal contempt, or both.
  610         (f) Set aside property for satisfaction of the support
  611  order.
  612         (g) Place liens and order execution on the obligor’s
  613  property.
  614         (h) Order an obligor to keep the tribunal informed of the
  615  obligor’s current residential address, electronic mail address,
  616  telephone number, employer, address of employment, and telephone
  617  number at the place of employment.
  618         (i) Issue a bench warrant, capias, or writ of bodily
  619  attachment for an obligor who has failed after proper notice to
  620  appear at a hearing ordered by the tribunal and enter the bench
  621  warrant, capias, or writ of bodily attachment in any local and
  622  state computer systems for criminal warrants.
  623         (j) Order the obligor to seek appropriate employment by
  624  specified methods.
  625         (k) Award reasonable attorney’s fees and other fees and
  626  costs.
  627         (l) Grant any other available remedy.
  628         (3) A responding tribunal of this state shall include in a
  629  support order issued under this act, or in the documents
  630  accompanying the order, the calculations on which the support
  631  order is based.
  632         (4) A responding tribunal of this state may not condition
  633  the payment of a support order issued under this act upon
  634  compliance by a party with provisions for visitation.
  635         (5) If a responding tribunal of this state issues an order
  636  under this act, the tribunal shall send a copy of the order to
  637  the petitioner and the respondent and to the initiating
  638  tribunal, if any.
  639         (6) If requested to enforce a support order, arrears, or
  640  judgment, or modify a support order stated in a foreign
  641  currency, a responding tribunal of this state shall convert the
  642  amount stated in the foreign currency to the equivalent amount
  643  in dollars under the applicable official or market exchange rate
  644  as publicly reported.
  645         Section 21. Section 88.3061, Florida Statutes, is amended
  646  to read:
  647         88.3061 Inappropriate tribunal.—If a petition or comparable
  648  pleading is received by an inappropriate tribunal of this state,
  649  the tribunal it shall forward the pleading and accompanying
  650  documents to an appropriate tribunal of in this state or another
  651  state and notify the petitioner where and when the pleading was
  652  sent.
  653         Section 22. Section 88.3071, Florida Statutes, is amended
  654  to read:
  655         88.3071 Duties of support enforcement agency.—
  656         (1) In a proceeding under this act, a support enforcement
  657  agency of this state, upon request:
  658         (a) Shall provide services to a petitioner residing in a
  659  state;
  660         (b) Shall provide services to a petitioner requesting
  661  services through a central authority of a foreign country as
  662  described in s. 88.1011(5)(a) or s. 88.1011(5)(d); and
  663         (c) May provide services to a petitioner who is an
  664  individual not residing in a state A support enforcement agency
  665  of this state, upon request, shall provide services to a
  666  petitioner in a proceeding under this act.
  667         (2) A support enforcement agency that is providing services
  668  to the petitioner as appropriate shall:
  669         (a) Take all steps necessary to enable an appropriate
  670  tribunal in this state, or another state, or a foreign country
  671  to obtain jurisdiction over the respondent.
  672         (b) Request an appropriate tribunal to set a date, time,
  673  and place for a hearing.
  674         (c) Make a reasonable effort to obtain all relevant
  675  information, including information as to income and property of
  676  the parties.
  677         (d) Within 10 days, exclusive of Saturdays, Sundays, and
  678  legal holidays, after receipt of a written notice from an
  679  initiating, responding, or registering tribunal, send a copy of
  680  the notice to the petitioner.
  681         (e) Within 10 days, exclusive of Saturdays, Sundays, and
  682  legal holidays, after receipt of a written communication from
  683  the respondent or the respondent’s attorney, send a copy of the
  684  communication to the petitioner.
  685         (f) Notify the petitioner if jurisdiction over the
  686  respondent cannot be obtained.
  687         (3) A support enforcement agency of this state that
  688  requests registration of a child support order in this state for
  689  enforcement or for modification shall make reasonable efforts:
  690         (a) To ensure that the order to be registered is the
  691  controlling order; or
  692         (b) If two or more child support orders exist and the
  693  identity of the controlling order has not been determined, to
  694  ensure that a request for such a determination is made in a
  695  tribunal having jurisdiction to do so.
  696         (4) A support enforcement agency of this state that
  697  requests registration and enforcement of a support order,
  698  arrears, or judgment stated in a foreign currency shall convert
  699  the amounts stated in the foreign currency into the equivalent
  700  amounts in dollars under the applicable official or market
  701  exchange rate as publicly reported.
  702         (5) A support enforcement agency of this state shall issue
  703  or request a tribunal of this state to issue a child support
  704  order and an income-withholding order that redirect payment of
  705  current support, arrears, and interest if requested to do so by
  706  a support enforcement agency of another state pursuant to s.
  707  88.3191.
  708         (6)(3) This act does not create or negate a relationship of
  709  attorney and client or other fiduciary relationship between a
  710  support enforcement agency or the attorney for the agency and
  711  the individual being assisted by the agency.
  712         Section 23. Section 88.3081, Florida Statutes, is amended
  713  to read:
  714         88.3081 Duty of Governor and Cabinet.—
  715         (1) If the Governor and Cabinet determine that the support
  716  enforcement agency is neglecting or refusing to provide services
  717  to an individual, the Governor and Cabinet may order the agency
  718  to perform its duties under this act or may provide those
  719  services directly to the individual.
  720         (2) The Governor and Cabinet may determine that a foreign
  721  country has established a reciprocal arrangement for child
  722  support with this state and take appropriate action for
  723  notification of the determination.
  724         Section 24. Paragraph (c) of subsection (2) of section
  725  88.3101, Florida Statutes, is amended to read:
  726         88.3101 Duties of state information agency.—
  727         (2) The state information agency shall:
  728         (c) Forward to the appropriate tribunal in the place in
  729  this state in which the individual obligee who is an individual
  730  or the obligor resides, or in which the obligor’s property is
  731  believed to be located, all documents concerning a proceeding
  732  under this act received from another state or a foreign country
  733  an initiating tribunal or the state information agency of the
  734  initiating state.
  735         Section 25. Subsection (1) of section 88.3111, Florida
  736  Statutes, is amended to read:
  737         88.3111 Pleadings and accompanying documents.—
  738         (1) In a proceeding under this act, a petitioner seeking to
  739  establish or modify a support order, or to determine parentage
  740  of a child, or to register and modify a support order of a
  741  tribunal of another state or a foreign country in a proceeding
  742  under this act must file a verify the petition or comparable
  743  pleading. Unless otherwise ordered under s. 88.3121
  744  (nondisclosure of information in exceptional circumstances), the
  745  petition or comparable pleading or the documents accompanying
  746  either the petition or comparable pleading must provide, so far
  747  as known, the name, residential address, and social security
  748  numbers of the obligor and the obligee or the parent and alleged
  749  parent, and the name, sex, residential address, social security
  750  number, and date of birth of each child for whose benefit whom
  751  support is sought or whose parentage of a child is to be
  752  determined. Unless filed at the time of registration, the
  753  petition must be accompanied by a certified copy of any support
  754  order known to have been issued by another tribunal in effect.
  755  The petition may include any other information that may assist
  756  in locating or identifying the respondent.
  757         Section 26. Section 88.3121, Florida Statutes, is amended
  758  to read:
  759         88.3121 Nondisclosure of information in exceptional
  760  circumstances.—If a party alleges in an affidavit or a pleading
  761  under oath that the health, safety, or liberty of a party or
  762  child would be jeopardized by disclosure of specific identifying
  763  information, that information must be sealed and may not be
  764  disclosed to the other party or the public. After a hearing in
  765  which a tribunal takes into consideration the health, safety, or
  766  liberty of the party or child, the tribunal may order disclosure
  767  of information that the tribunal determines to be in the
  768  interest of justice Upon a finding, which may be made ex parte,
  769  that the health, safety, or liberty of a party or child would be
  770  unreasonably put at risk by the disclosure of identifying
  771  information, or if an existing order so provides, a tribunal
  772  shall order that the address of the child or party or other
  773  identifying information not be disclosed in a pleading or other
  774  document filed in a proceeding under this act.
  775         Section 27. Subsection (2) of section 88.3131, Florida
  776  Statutes, is amended to read:
  777         88.3131 Costs and fees.—
  778         (2) If an obligee prevails, a responding tribunal of this
  779  state may assess against an obligor filing fees, reasonable
  780  attorney’s fees, other costs, and necessary travel and other
  781  reasonable expenses incurred by the obligee and the obligee’s
  782  witnesses. The tribunal may not assess fees, costs, or expenses
  783  against the obligee or the support enforcement agency of either
  784  the initiating or the responding state or foreign country,
  785  except as provided by other law. Attorney’s fees may be taxed as
  786  costs, and may be ordered paid directly to the attorney, who may
  787  enforce the order in the attorney’s own name. Payment of support
  788  owed to the obligee has priority over fees, costs, and expenses.
  789         Section 28. Subsections (1) and (3) of section 88.3141,
  790  Florida Statutes, are amended to read:
  791         88.3141 Limited immunity of petitioner.—
  792         (1) Participation by a petitioner in a proceeding under
  793  this act before a responding tribunal, whether in person, by
  794  private attorney, or through services provided by the support
  795  enforcement agency, does not confer personal jurisdiction over
  796  the petitioner in another proceeding.
  797         (3) The immunity granted by this section does not extend to
  798  civil litigation based on acts unrelated to a proceeding under
  799  this act committed by a party while physically present in this
  800  state to participate in the proceeding.
  801         Section 29. Section 88.3161, Florida Statutes, is amended
  802  to read:
  803         88.3161 Special rules of evidence and procedure.—
  804         (1) The physical presence of a nonresident party who is an
  805  individual the petitioner in a responding tribunal of this state
  806  is not required for the establishment, enforcement, or
  807  modification of a support order or the rendition of a judgment
  808  determining parentage of a child.
  809         (2) An A verified petition or other comparable pleading,
  810  affidavit, a document substantially complying with federally
  811  mandated forms, or and a document incorporated by reference in
  812  any of them, which would not be excluded under the hearsay rule
  813  if given in person, is admissible in evidence if given under
  814  penalty of perjury oath by a party or witness residing outside
  815  this in another state.
  816         (3) A copy of the record of child support payments
  817  certified as a true copy of the original by the custodian of the
  818  record may be forwarded to a responding tribunal. The copy is
  819  evidence of facts asserted in it, and is admissible to show
  820  whether payments were made.
  821         (4) Copies of bills for testing for parentage of a child,
  822  and for prenatal and postnatal health care of the mother and
  823  child, furnished to the adverse party at least 10 days before
  824  trial, are admissible in evidence to prove the amount of the
  825  charges billed and that the charges were reasonable, necessary,
  826  and customary.
  827         (5) Documentary evidence transmitted from outside this
  828  another state to a tribunal of this state by telephone,
  829  telecopier, or other electronic means that do not provide an
  830  original record writing may not be excluded from evidence on an
  831  objection based on the means of transmission.
  832         (6) In a proceeding under this act, a tribunal of this
  833  state shall may permit a party or witness residing outside this
  834  in another state to be deposed or to testify by telephone,
  835  audiovisual means, or other electronic means at a designated
  836  tribunal or other location in that state. A tribunal of this
  837  state shall cooperate with other tribunals of other states in
  838  designating an appropriate location for the deposition or
  839  testimony.
  840         (7) If a party called to testify at a civil hearing refuses
  841  to answer on the ground that the testimony may be self
  842  incriminating, the trier of fact may draw an adverse inference
  843  from the refusal.
  844         (8) A privilege against disclosure of communications
  845  between spouses does not apply in a proceeding under this act.
  846         (9) The defense of immunity based on the relationship of
  847  husband and wife or parent and child does not apply in a
  848  proceeding under this act.
  849         (10) A voluntary acknowledgment of paternity, certified as
  850  a true copy, is admissible to establish parentage of a child.
  851         Section 30. Section 88.3171, Florida Statutes, is amended
  852  to read:
  853         88.3171 Communications between tribunals.—A tribunal of
  854  this state may communicate with a tribunal outside this of
  855  another state in a record writing, or by telephone, electronic
  856  mail, or other means, to obtain information concerning the laws
  857  of that state, the legal effect of a judgment, decree, or order
  858  of that tribunal, and the status of a proceeding in the other
  859  state. A tribunal of this state may furnish similar information
  860  by similar means to a tribunal outside this of another state.
  861         Section 31. Section 88.3181, Florida Statutes, is amended
  862  to read:
  863         88.3181 Assistance with discovery.—A tribunal of this state
  864  may:
  865         (1) Request a tribunal outside this of another state to
  866  assist in obtaining discovery.
  867         (2) Upon request, compel a person over which whom it has
  868  jurisdiction to respond to a discovery order issued by a
  869  tribunal outside this of another state.
  870         Section 32. Section 88.3191, Florida Statutes, is amended
  871  to read:
  872         88.3191 Receipt and disbursement of payments.—
  873         (1) A support enforcement agency or tribunal of this state
  874  shall disburse promptly any amounts received pursuant to a
  875  support order, as directed by the order. The agency or tribunal
  876  shall furnish to a requesting party or tribunal of another state
  877  or a foreign country a certified statement by the custodian of
  878  the record of the amounts and dates of all payments received.
  879         (2) If neither the obligor, nor the obligee who is an
  880  individual, nor the child resides in this state, upon request
  881  from the support enforcement agency of this state or another
  882  state, the support enforcement agency of this state or a
  883  tribunal of this state shall:
  884         (a) Direct that the support payment be made to the support
  885  enforcement agency in the state in which the obligee is
  886  receiving services; and
  887         (b) Issue and send to the obligor’s employer a conforming
  888  income-withholding order or an administrative notice of change
  889  of payee, reflecting the redirected payments.
  890         (3) The support enforcement agency of this state receiving
  891  redirected payments from another state pursuant to a law similar
  892  to subsection (2) shall furnish to a requesting party or
  893  tribunal of the other state a certified statement by the
  894  custodian of the record of the amount and dates of all payments
  895  received.
  896         Section 33. Section 88.4011, Florida Statutes, is amended
  897  to read:
  898         88.4011 Establishment of Petition to establish support
  899  order.—
  900         (1) If a support order entitled to recognition under this
  901  act has not been issued, a responding tribunal of this state
  902  with personal jurisdiction over the parties may issue a support
  903  order if:
  904         (a) The individual seeking the order resides outside this
  905  in another state; or
  906         (b) The support enforcement agency seeking the order is
  907  located outside this in another state.
  908         (2) The tribunal may issue a temporary child support order
  909  if the tribunal determines that such an order is appropriate and
  910  the individual ordered to pay is:
  911         (a) A presumed father of the child;
  912         (b) Petitioning to have his paternity adjudicated;
  913         (c) Identified as the father of the child through genetic
  914  testing;
  915         (d) An alleged father who has declined to submit to genetic
  916  testing;
  917         (e) Shown by clear and convincing evidence to be the father
  918  of the child;
  919         (f) An acknowledged father as provided in s. 382.013, s.
  920  382.016, or s. 742.10;
  921         (g) The mother of the child; or
  922         (h) An individual who has been ordered to pay child support
  923  in a previous proceeding and the order has not been reversed or
  924  vacated
  925         (a) The respondent has signed a verified statement
  926  acknowledging parentage;
  927         (b) The respondent has been determined by or pursuant to
  928  law to be the parent; or
  929         (c) There is other clear and convincing evidence that the
  930  respondent is the child’s parent.
  931         (3) Upon finding, after notice and opportunity to be heard,
  932  that an obligor owes a duty of support, the tribunal shall issue
  933  a support order directed to the obligor and may issue other
  934  orders pursuant to s. 88.3051.
  935         Section 34. Section 88.4021, Florida Statutes, is created
  936  to read:
  937         88.4021 Proceeding to determine parentage.—A tribunal of
  938  this state authorized to determine parentage of a child may
  939  serve as a responding tribunal in a proceeding to determine
  940  parentage of a child brought under this act or a law or
  941  procedure substantially similar to this act.
  942         Section 35. The Division of Statutory Revision is directed
  943  to redesignate part V of chapter 88, Florida Statutes, as
  944  “ENFORCEMENT OF SUPPORT ORDER OF ANOTHER STATE WITHOUT
  945  REGISTRATION.”
  946         Section 36. Section 88.5011, Florida Statutes, is amended
  947  to read:
  948         88.5011 Employer’s receipt of income-withholding order of
  949  another state.—An income-withholding order issued in another
  950  state may be sent by or on behalf of the obligee, or by the
  951  support enforcement agency, to the person or entity defined as
  952  the obligor’s employer under the income deduction law of this
  953  state or payor as defined by s. 61.046, without first filing a
  954  petition or comparable pleading or registering the order with a
  955  tribunal of this state.
  956         Section 37. Paragraph (b) of subsection (3) of section
  957  88.50211, Florida Statutes, is amended to read:
  958         88.50211 Employer’s compliance with income-withholding
  959  order of another state.—
  960         (3) Except as otherwise provided by subsection (4) and s.
  961  88.5031, the employer shall withhold and distribute the funds as
  962  directed in the withholding order by complying with the terms of
  963  the order which specify:
  964         (b) The person or agency designated to receive payments and
  965  the address to which the payments are to be forwarded;
  966         Section 38. Section 88.5031, Florida Statutes, is amended
  967  to read:
  968         88.5031 Employer’s compliance with two or more multiple
  969  income-withholding orders.—If the obligor’s employer receives
  970  two or more multiple income-withholding orders with respect to
  971  the earnings of the same obligor, the employer satisfies the
  972  terms of the multiple orders if the employer complies with the
  973  law of the state of the obligor’s principal place of employment
  974  to establish the priorities for withholding and allocating
  975  income withheld for two or more multiple child support obligees.
  976         Section 39. Section 88.5041, Florida Statutes, is amended
  977  to read:
  978         88.5041 Immunity from civil liability.—An employer that who
  979  complies with an income-withholding order issued in another
  980  state in accordance with this article is not subject to civil
  981  liability to an individual or agency with regard to the
  982  employer’s withholding of child support from the obligor’s
  983  income.
  984         Section 40. Section 88.5051, Florida Statutes, is amended
  985  to read:
  986         88.5051 Penalties for noncompliance.—An employer that who
  987  willfully fails to comply with an income-withholding order
  988  issued by another state and received for enforcement is subject
  989  to the same penalties that may be imposed for noncompliance with
  990  an order issued by a tribunal of this state.
  991         Section 41. Section 88.5061, Florida Statutes, is amended
  992  to read:
  993         88.5061 Contest by obligor.—
  994         (1) An obligor may contest the validity or enforcement of
  995  an income-withholding order issued in another state and received
  996  directly by an employer in this state by registering the order
  997  in a tribunal of this state and filing a contest to that order
  998  as provided in part VI of this chapter, or otherwise contesting
  999  the order in the same manner as if the order had been issued by
 1000  a tribunal of this state. Section 88.6041, choice of law,
 1001  applies to the contest.
 1002         (2) The obligor shall give notice of the contest to:
 1003         (a) A support enforcement agency providing services to the
 1004  obligee;
 1005         (b) Each employer that has directly received an income
 1006  withholding order relating to the obligor; and
 1007         (c) The person or agency designated to receive payments in
 1008  the income-withholding order, or if no person or agency is
 1009  designated, to the obligee.
 1010         Section 42. Subsection (1) of section 88.5071, Florida
 1011  Statutes, is amended to read:
 1012         88.5071 Administrative enforcement of orders.—
 1013         (1) A party or support enforcement agency seeking to
 1014  enforce a support order or an income-withholding order, or both,
 1015  issued in by a tribunal of another state or a foreign support
 1016  order may send the documents required for registering the order
 1017  to a support enforcement agency of this state.
 1018         Section 43. (1) The Division of Statutory Revision is
 1019  directed to redesignate part VI of chapter 88, Florida Statutes,
 1020  as “REGISTRATION, ENFORCEMENT, AND MODIFICATION OF SUPPORT
 1021  ORDER.”
 1022         (2) The Division of Statutory Revision is directed to
 1023  divide part VI of chapter 88, Florida Statutes, into subpart A,
 1024  consisting of ss. 88.6011-88.6041, Florida Statutes, to be
 1025  entitled “Registration and Enforcement of Support Order;”
 1026  subpart B, consisting of ss. 88.6051-88.6081, Florida Statutes,
 1027  to be entitled “Contest of Validity or Enforcement;” subpart C,
 1028  consisting of ss. 88.6091-88.6141, Florida Statutes, to be
 1029  entitled “Registration and Modification of Child Support Order
 1030  of Another State;” and subpart D, consisting of ss. 88.6151 and
 1031  88.6161, Florida Statutes, to be entitled “Registration and
 1032  Modification of Foreign Child Support Order.”
 1033         Section 44. Section 88.6011, Florida Statutes, is amended
 1034  to read:
 1035         88.6011 Registration of order for enforcement.—A support
 1036  order or an income-withholding order issued in by a tribunal of
 1037  another state or a foreign support order may be registered in
 1038  this state for enforcement.
 1039         Section 45. Section 88.6021, Florida Statutes, is amended
 1040  to read:
 1041         88.6021 Procedure to register order for enforcement.—
 1042         (1) Except as otherwise provided in s. 88.7061, a support
 1043  order or income-withholding order of another state or a foreign
 1044  support order may be registered in this state by sending the
 1045  following records documents and information to the appropriate
 1046  tribunal in this state:
 1047         (a) A letter of transmittal to the tribunal requesting
 1048  registration and enforcement.
 1049         (b) Two copies, including one certified copy, of the order
 1050  all orders to be registered, including any modification of the
 1051  an order.
 1052         (c) A sworn statement by the person requesting party
 1053  seeking registration or a certified statement by the custodian
 1054  of the records showing the amount of any arrearage.
 1055         (d) The name of the obligor and, if known:
 1056         1. The obligor’s address and social security number.
 1057         2. The name and address of the obligor’s employer and any
 1058  other source of income of the obligor.
 1059         3. A description and the location of property of the
 1060  obligor in this state not exempt from execution.
 1061         (e) Except as otherwise provided in s. 88.3121, the name
 1062  and address of the obligee and, if applicable, the agency or
 1063  person to whom support payments are to be remitted.
 1064         (2) On receipt of a request for registration, the
 1065  registering tribunal shall cause the order to be filed as an
 1066  order of a tribunal of another state or a foreign support order
 1067  a foreign judgment, together with one copy of the documents and
 1068  information, regardless of their form.
 1069         (3) A petition or comparable pleading seeking a remedy that
 1070  must be affirmatively sought under other law of this state may
 1071  be filed at the same time as the request for registration or
 1072  later. The pleading must specify the grounds for the remedy
 1073  sought.
 1074         (4) If two or more orders are in effect, the person
 1075  requesting registration shall:
 1076         (a) Furnish to the tribunal a copy of every support order
 1077  asserted to be in effect in addition to the documents specified
 1078  in this section;
 1079         (b) Specify the order alleged to be the controlling order,
 1080  if any; and
 1081         (c) Specify the amount of consolidated arrears, if any.
 1082         (5) A request for a determination of which is the
 1083  controlling order may be filed separately or with a request for
 1084  registration and enforcement or for registration and
 1085  modification. The person requesting registration shall give
 1086  notice of the request to each party whose rights may be affected
 1087  by the determination.
 1088         Section 46. Section 88.6031, Florida Statutes, is amended
 1089  to read:
 1090         88.6031 Effect of registration for enforcement.—
 1091         (1) A support order or income-withholding order issued in
 1092  another state or a foreign support order is registered when the
 1093  order is filed in the registering tribunal of this state.
 1094         (2) A registered support order issued in another state or a
 1095  foreign country is enforceable in the same manner and is subject
 1096  to the same procedures as an order issued by a tribunal of this
 1097  state.
 1098         (3) Except as otherwise provided in this act article, a
 1099  tribunal of this state shall recognize and enforce, but may not
 1100  modify, a registered support order if the issuing tribunal had
 1101  jurisdiction.
 1102         Section 47. Section 88.6041, Florida Statutes, is amended
 1103  to read:
 1104         88.6041 Choice of law.—
 1105         (1) Except as otherwise provided in subsection (4), the law
 1106  of the issuing state or foreign country governs:
 1107         (a) The nature, extent, amount, and duration of current
 1108  payments under a registered support order; and other obligations
 1109  of support and
 1110         (b) The computation and payment of arrearages and accrual
 1111  of interest on the arrearages under the order; and
 1112         (c) The existence and satisfaction of other obligations
 1113  under the support order.
 1114         (2) In a proceeding for arrears under a registered support
 1115  order arrearages, the statute of limitation under the laws of
 1116  this state or of the issuing state or foreign country, whichever
 1117  is longer, applies.
 1118         (3) A responding tribunal of this state shall apply the
 1119  procedures and remedies of this state to enforce current support
 1120  and collect arrears and interest due on a support order of
 1121  another state or foreign country registered in this state.
 1122         (4) After a tribunal of this or another state determines
 1123  which is the controlling order and issues an order consolidating
 1124  arrears, if any, a tribunal of this state shall prospectively
 1125  apply the law of the state or foreign country issuing the
 1126  controlling order, including its law on interest on arrears, on
 1127  current and future support, and on consolidated arrears.
 1128         Section 48. Section 88.6051, Florida Statutes, is amended
 1129  to read:
 1130         88.6051 Notice of registration of order.—
 1131         (1) When a support order or income-withholding order issued
 1132  in another state or a foreign support order is registered, the
 1133  registering tribunal of this state shall notify the
 1134  nonregistering party. The notice must be accompanied by a copy
 1135  of the registered order and the documents and relevant
 1136  information accompanying the order.
 1137         (2) A The notice must inform the nonregistering party:
 1138         (a) That a registered order is enforceable as of the date
 1139  of registration in the same manner as an order issued by a
 1140  tribunal of this state.
 1141         (b) That a hearing to contest the validity or enforcement
 1142  of the registered order must be requested within 20 days after
 1143  the date of mailing or personal service of the notice, unless
 1144  the registered order is under s. 88.7071.
 1145         (c) That failure to contest the validity or enforcement of
 1146  the registered order in a timely manner will result in
 1147  confirmation of the order and enforcement of the order and the
 1148  alleged arrearages and precludes further contest of that order
 1149  with respect to any matter that could have been asserted.
 1150         (d) Of the amount of any alleged arrearages.
 1151         (3) If the registering party asserts that two or more
 1152  orders are in effect, a notice must also:
 1153         (a) Identify the two or more orders and the order alleged
 1154  by the registering party to be the controlling order and the
 1155  consolidated arrears, if any;
 1156         (b) Notify the nonregistering party of the right to a
 1157  determination of which is the controlling order;
 1158         (c) State that the procedures provided in subsection (2)
 1159  apply to the determination of which is the controlling order;
 1160  and
 1161         (d) State that failure to contest the validity or
 1162  enforcement of the order alleged to be the controlling order in
 1163  a timely manner may result in confirmation that the order is the
 1164  controlling order.
 1165         (4)(3) Upon registration of an income-withholding order for
 1166  enforcement, the support enforcement agency or the registering
 1167  tribunal shall notify the obligor’s employer pursuant to chapter
 1168  61 or other income deduction law of this state.
 1169         Section 49. Subsections (1) and (2) of section 88.6061,
 1170  Florida Statutes, are amended to read:
 1171         88.6061 Procedure to contest validity or enforcement of
 1172  registered order.—
 1173         (1) A nonregistering party seeking to contest the validity
 1174  or enforcement of a registered order in this state shall request
 1175  a hearing within the time required by s. 88.6051 20 days after
 1176  notice of the registration. The nonregistering party may seek to
 1177  vacate the registration, to assert any defense to an allegation
 1178  of noncompliance with the registered order, or to contest the
 1179  remedies being sought or the amount of any alleged arrearages
 1180  pursuant to s. 88.6071.
 1181         (2) If the nonregistering party fails to contest the
 1182  validity or enforcement of the registered support order in a
 1183  timely manner, the order is confirmed by operation of law.
 1184         Section 50. Section 88.6071, Florida Statutes, is amended
 1185  to read:
 1186         88.6071 Contest of registration or enforcement.—
 1187         (1) A party contesting the validity or enforcement of a
 1188  registered support order or seeking to vacate the registration
 1189  has the burden of proving one or more of the following defenses:
 1190         (a) The issuing tribunal lacked personal jurisdiction over
 1191  the contesting party;
 1192         (b) The order was obtained by fraud;
 1193         (c) The order has been vacated, suspended, or modified by a
 1194  later order;
 1195         (d) The issuing tribunal has stayed the order pending
 1196  appeal;
 1197         (e) There is a defense under the law of this state to the
 1198  remedy sought;
 1199         (f) Full or partial payment has been made; or
 1200         (g) The statute of limitation under s. 88.6041 precludes
 1201  enforcement of some or all of the alleged arrearages; or
 1202         (h) The alleged controlling order is not the controlling
 1203  order.
 1204         (2) If a party presents evidence establishing a full or
 1205  partial defense under subsection (1), a tribunal may stay
 1206  enforcement of a the registered support order, continue the
 1207  proceeding to permit production of additional relevant evidence,
 1208  and issue other appropriate orders. An uncontested portion of
 1209  the registered support order may be enforced by all remedies
 1210  available under the law of this state.
 1211         (3) If the contesting party does not establish a defense
 1212  under subsection (1) to the validity or enforcement of a
 1213  registered support the order, the registering tribunal shall
 1214  issue an order confirming the order.
 1215         Section 51. Section 88.6081, Florida Statutes, is amended
 1216  to read:
 1217         88.6081 Confirmed order.—Confirmation of a registered
 1218  support order, whether by operation of law or after notice and
 1219  hearing, precludes further contest of the order with respect to
 1220  any matter that could have been asserted at the time of
 1221  registration.
 1222         Section 52. Section 88.6091, Florida Statutes, is amended
 1223  to read:
 1224         88.6091 Procedure to register child support order of
 1225  another state for modification.—A party or support enforcement
 1226  agency seeking to modify, or to modify and enforce, a child
 1227  support order issued in another state shall register that order
 1228  in this state in the same manner provided in ss. 88.6011-88.6081
 1229  88.6011-88.6041 if the order has not been registered. A petition
 1230  for modification may be filed at the same time as a request for
 1231  registration, or later. The pleading must specify the grounds
 1232  for modification.
 1233         Section 53. Section 88.6111, Florida Statutes, is amended
 1234  to read:
 1235         88.6111 Modification of child support order of another
 1236  state.—
 1237         (1) If s. 88.6131 does not apply, upon petition, a tribunal
 1238  of this state may modify After a child support order issued in
 1239  another state which is has been registered in this state, the
 1240  responding tribunal of this state may modify that order only if,
 1241  s. 88.6131 does not apply and after notice and hearing, the
 1242  tribunal it finds that:
 1243         (a) The following requirements are met:
 1244         1. Neither the child, nor the individual obligee who is an
 1245  individual, nor and the obligor resides do not reside in the
 1246  issuing state;
 1247         2. A petitioner who is a nonresident of this state seeks
 1248  modification; and
 1249         3. The respondent is subject to the personal jurisdiction
 1250  of the tribunal of this state; or
 1251         (b) This state is the state of residence of the child, or a
 1252  party who is an individual, is subject to the personal
 1253  jurisdiction of the tribunal of this state and all of the
 1254  parties who are individuals have filed written consents in a
 1255  record in the issuing tribunal for a tribunal of this state to
 1256  modify the support order and assume continuing exclusive
 1257  jurisdiction over the order. However, if the issuing state is a
 1258  foreign jurisdiction that has not enacted a law or established
 1259  procedures substantially similar to the procedures under this
 1260  act, the consent otherwise required of an individual residing in
 1261  this state is not required for the tribunal to assume
 1262  jurisdiction to modify the child support order.
 1263         (2) Modification of a registered child support order is
 1264  subject to the same requirements, procedures, and defenses that
 1265  apply to the modification of an order issued by a tribunal of
 1266  this state and the order may be enforced and satisfied in the
 1267  same manner.
 1268         (3) A tribunal of this state may not modify any aspect of a
 1269  child support order that may not be modified under the law of
 1270  the issuing state, including the duration of the obligation of
 1271  support. If two or more tribunals have issued child support
 1272  orders for the same obligor and same child, the order that
 1273  controls and must be so recognized under s. 88.2071 establishes
 1274  the aspects of the support order which are nonmodifiable.
 1275         (4) In a proceeding to modify a child support order, the
 1276  law of the state that is determined to have issued the initial
 1277  controlling order governs the duration of the obligation of
 1278  support. The obligor’s fulfillment of the duty of support
 1279  established by that order precludes imposition of a further
 1280  obligation of support by a tribunal of this state.
 1281         (5)(4) On issuance of an order by a tribunal of this state
 1282  modifying a child support order issued in another state, the a
 1283  tribunal of this state becomes the tribunal of continuing
 1284  exclusive jurisdiction.
 1285         (6) Notwithstanding subsections (1)-(5) and s. 88.2011(2),
 1286  a tribunal of this state retains jurisdiction to modify an order
 1287  issued by a tribunal of this state if:
 1288         (a) One party resides in another state; and
 1289         (b) The other party resides outside the United States.
 1290         Section 54. Section 88.6121, Florida Statutes, is amended
 1291  to read:
 1292         88.6121 Recognition of order modified in another state.—If
 1293  a child support order issued by a tribunal of this state is
 1294  modified shall recognize a modification of its earlier child
 1295  support order by a tribunal of another state which assumed
 1296  jurisdiction pursuant to the Uniform Interstate Family Support
 1297  Act, a tribunal of this state this act or a law substantially
 1298  similar to this act and, upon request, except as otherwise
 1299  provided in this act, shall:
 1300         (1) May enforce the order that was modified only as to
 1301  arrears and interest amounts accruing before the modification.
 1302         (2) Enforce only nonmodifiable aspects of that order.
 1303         (2)(3)May provide other appropriate relief only for
 1304  violations of its that order which occurred before the effective
 1305  date of the modification.
 1306         (3)(4)Shall recognize the modifying order of the other
 1307  state, upon registration, for the purpose of enforcement.
 1308         Section 55. Section 88.6151, Florida Statutes, is created
 1309  to read:
 1310         88.6151 Jurisdiction to modify child support order of
 1311  foreign country.—
 1312         (1) Except as otherwise provided in s. 88.7111, if a
 1313  foreign country lacks or refuses to exercise jurisdiction to
 1314  modify its child support order pursuant to its laws, a tribunal
 1315  of this state may assume jurisdiction to modify the child
 1316  support order and bind all individuals subject to the personal
 1317  jurisdiction of the tribunal whether the consent to modification
 1318  of a child support order otherwise required of the individual
 1319  pursuant to s. 88.6111 has been given or whether the individual
 1320  seeking modification is a resident of this state or of the
 1321  foreign country.
 1322         (2) An order issued by a tribunal of this state modifying a
 1323  foreign child support order pursuant to this section is the
 1324  controlling order.
 1325         Section 56. Section 88.6161, Florida Statutes, is created
 1326  to read:
 1327         88.6161 Procedure to register child support order of
 1328  foreign country for modification.—A party or support enforcement
 1329  agency seeking to modify, or to modify and enforce, a foreign
 1330  child support order not under the convention may register that
 1331  order in this state under ss. 88.6011-88.6081 if the order has
 1332  not been registered. A petition for modification may be filed at
 1333  the same time as a request for registration, or at another time.
 1334  The petition must specify the grounds for modification.
 1335         Section 57. The Division of Statutory Revision is directed
 1336  to redesignate part VII of chapter 88, Florida Statutes, as
 1337  “SUPPORT PROCEEDING UNDER CONVENTION.”
 1338         Section 58. Section 88.7011, Florida Statutes, is repealed.
 1339         Section 59. Section 88.70111, Florida Statutes, is created
 1340  to read:
 1341         88.70111 Definitions.—As used in this part, the term:
 1342         (1) “Application” means a request under the convention by
 1343  an obligee or obligor, or on behalf of a child, made through a
 1344  central authority for assistance from another central authority.
 1345         (2) “Central authority” means the entity designated by the
 1346  United States or a foreign country described in s. 88.1011(5)(d)
 1347  to perform the functions specified in the convention.
 1348         (3) “Convention support order” means a support order of a
 1349  tribunal of a foreign country described in s. 88.1011(5)(d).
 1350         (4) “Direct request” means a petition filed by an
 1351  individual in a tribunal of this state in a proceeding involving
 1352  an obligee, obligor, or child residing outside the United
 1353  States.
 1354         (5) “Foreign central authority” means the entity designated
 1355  by a foreign country described in s. 88.1011(5)(d) to
 1356  perform the functions specified in the convention.
 1357         (6) “Foreign support agreement”:
 1358         (a) Means an agreement for support in a record that:
 1359         1. Is enforceable as a support order in the country of
 1360  origin;
 1361         2. Has been:
 1362         a. Formally drawn up or registered as an authentic
 1363  instrument by a foreign tribunal; or
 1364         b. Authenticated by or concluded, registered, or filed with
 1365  a foreign tribunal; and
 1366         3. May be reviewed and modified by a foreign tribunal; and
 1367         (b) Includes a maintenance arrangement or authentic
 1368  instrument under the convention.
 1369         (7) “United States central authority” means the Secretary
 1370  of the United States Department of Health and Human Services.
 1371         Section 60. Section 88.7021, Florida Statutes, is created
 1372  to read:
 1373         88.7021 Applicability.—This part applies only to a support
 1374  proceeding under the convention. In such a proceeding, if a
 1375  provision of this part is inconsistent with parts I through VI,
 1376  this part controls.
 1377         Section 61. Section 88.7031, Florida Statutes, is created
 1378  to read:
 1379         88.7031 Relationship of Department of Revenue to United
 1380  States central authority.—The Department of Revenue is
 1381  recognized as the agency designated by the United States central
 1382  authority to perform specific functions under the convention.
 1383         Section 62. Section 88.7041, Florida Statutes, is created
 1384  to read:
 1385         88.7041 Initiation by Department of Revenue of support
 1386  proceeding under convention.—
 1387         (1) In a support proceeding under this part, the Department
 1388  of Revenue shall:
 1389         (a) Transmit and receive applications; and
 1390         (b) Initiate or facilitate the institution of a proceeding
 1391  regarding an application in a tribunal of this state.
 1392         (2) The following support proceedings are available to an
 1393  obligee under the convention:
 1394         (a) Recognition or recognition and enforcement of a foreign
 1395  support order.
 1396         (b) Enforcement of a support order issued or recognized in
 1397  this state.
 1398         (c) Establishment of a support order if there is no
 1399  existing order, including, where necessary, determination of
 1400  parentage of a child.
 1401         (d) Establishment of a support order if recognition of a
 1402  foreign support order is refused under s. 88.7081(2)(b), (d), or
 1403  (i).
 1404         (e) Modification of a support order of a tribunal of this
 1405  state.
 1406         (f) Modification of a support order of a tribunal of
 1407  another state or a foreign country.
 1408         (3) The following support proceedings are available under
 1409  the convention to an obligor against whom there is an existing
 1410  support order:
 1411         (a) Recognition of an order suspending or limiting
 1412  enforcement of an existing support order of a tribunal of this
 1413  state.
 1414         (b) Modification of a support order of a tribunal of this
 1415  state.
 1416         (c) Modification of a support order of a tribunal of
 1417  another state or foreign country.
 1418         (4) A tribunal of this state may not require security,
 1419  bond, or deposit, however described, to guarantee the payment of
 1420  costs and expenses in proceedings under the convention.
 1421         Section 63. Section 88.7051, Florida Statutes, is created
 1422  to read:
 1423         88.7051 Direct request.—
 1424         (1) A petitioner may file a direct request seeking
 1425  establishment or modification of a support order or
 1426  determination of parentage of a child. In the proceeding, the
 1427  law of this state applies.
 1428         (2) A petitioner may file a direct request in a tribunal of
 1429  this state seeking recognition and enforcement of a support
 1430  order or support agreement. In such a proceeding, the provisions
 1431  of ss. 88.7061-88.7131 apply.
 1432         (3) In a direct request for recognition and enforcement of
 1433  a convention support order or foreign support agreement:
 1434         (a) A security, bond, or deposit is not required to
 1435  guarantee the payment of costs and expenses; and
 1436         (b) An obligee or obligor that in the issuing country has
 1437  benefited from free legal assistance is entitled to benefit, at
 1438  least to the same extent, from any free legal assistance
 1439  provided for by the law of this state under the same
 1440  circumstances.
 1441         (4) An individual filing a direct request is not entitled
 1442  to assistance from the Department of Revenue.
 1443         (5) This part does not prevent the application of laws of
 1444  this state that provide simplified, more expeditious rules
 1445  regarding a direct request for recognition and enforcement of a
 1446  foreign support order or foreign support agreement.
 1447         Section 64. Section 88.7061, Florida Statutes, is created
 1448  to read:
 1449         88.7061 Registration of convention support order.—
 1450         (1) Except as otherwise provided in this part, a party who
 1451  is an individual or a support enforcement agency seeking
 1452  recognition of a convention support order shall register the
 1453  order in this state as provided in part VI of this chapter.
 1454         (2) Notwithstanding ss. 88.3111 and 88.6021(1), a request
 1455  for registration of a convention support order must be
 1456  accompanied by the following:
 1457         (a) A complete text of the support order, or an abstract or
 1458  extract of the support order drawn up by the issuing foreign
 1459  tribunal, which may be in the form recommended by the Hague
 1460  Conference on Private International Law.
 1461         (b) A record stating that the support order is enforceable
 1462  in the issuing country.
 1463         (c) If the respondent did not appear and was not
 1464  represented in the proceedings in the issuing country, a record
 1465  attesting, as appropriate, either that the respondent had proper
 1466  notice of the proceedings and an opportunity to be heard, or
 1467  that the respondent had proper notice of the support order and
 1468  the opportunity to be heard in a challenge or appeal on fact or
 1469  law before a tribunal.
 1470         (d) A record showing the amount of any arrears, and the
 1471  date the amount was calculated.
 1472         (e) A record showing a requirement for automatic adjustment
 1473  of the amount of support, if any, and the information necessary
 1474  to make the appropriate calculations, if necessary.
 1475         (f) A record showing the extent to which the applicant
 1476  received free legal assistance in the issuing country.
 1477         (3) A request for registration of a convention support
 1478  order may seek recognition and partial enforcement of the order.
 1479         (4) A tribunal of this state may vacate the registration of
 1480  a convention support order without the filing of a contest under
 1481  s. 88.7071 only if, acting on its own motion, the tribunal finds
 1482  that recognition and enforcement of the order would be
 1483  manifestly incompatible with public policy.
 1484         (5) The tribunal shall promptly notify the parties of the
 1485  registration or the order vacating the registration of a
 1486  convention support order.
 1487         Section 65. Section 88.7071, Florida Statutes, is created
 1488  to read:
 1489         88.7071 Contest of registered convention support order.—
 1490         (1) Except as otherwise provided in this part, ss. 88.6051
 1491  88.6081 apply to a contest of a registered convention support
 1492  order.
 1493         (2) A party contesting a registered convention support
 1494  order shall file a contest not later than 30 days after notice
 1495  of the registration, but if the contesting party does not reside
 1496  in the United States, the contest must be filed not later than
 1497  60 days after notice of the registration.
 1498         (3) If the nonregistering party fails to contest the
 1499  registered convention support order by the time specified in
 1500  subsection (2), the order is enforceable.
 1501         (4) A contest of a registered convention support order may
 1502  be based only on grounds set forth in s. 88.7081. The contesting
 1503  party bears the burden of proof.
 1504         (5) In a contest of a registered convention support order,
 1505  a tribunal of this state:
 1506         (a) Is bound by the findings of fact on which the foreign
 1507  tribunal based its jurisdiction; and
 1508         (b) May not review the merits of the order.
 1509         (6) A tribunal of this state deciding a contest of a
 1510  registered convention support order shall promptly notify the
 1511  parties of its decision.
 1512         (7) A challenge or appeal, if any, does not stay the
 1513  enforcement of a convention support order unless there are
 1514  exceptional circumstances.
 1515         Section 66. Section 88.7081, Florida Statutes, is created
 1516  to read:
 1517         88.7081 Recognition and enforcement of convention support
 1518  order.—
 1519         (1) Except as otherwise provided in subsection (2), a
 1520  tribunal of this state shall recognize and enforce a registered
 1521  convention support order.
 1522         (2) The following grounds are the only grounds on which a
 1523  tribunal of this state may refuse recognition and enforcement of
 1524  a registered convention support order:
 1525         (a) Recognition and enforcement of the order is manifestly
 1526  incompatible with public policy, including the failure of the
 1527  issuing tribunal to observe minimum standards of due process,
 1528  which include notice and an opportunity to be heard;
 1529         (b) The issuing tribunal lacked personal jurisdiction
 1530  consistent with s. 88.2011;
 1531         (c) The order is not enforceable in the issuing country;
 1532  (d) The order was obtained by fraud in connection with a matter
 1533  of procedure;
 1534         (e) A record transmitted in accordance with s. 88.7061
 1535  lacks authenticity or integrity;
 1536         (f) A proceeding between the same parties and having the
 1537  same purpose is pending before a tribunal of this state and that
 1538  proceeding was the first to be filed;
 1539         (g) The order is incompatible with a more recent support
 1540  order involving the same parties and having the same purpose if
 1541  the more recent support order is entitled to recognition and
 1542  enforcement under this act in this state;
 1543         (h) Payment, to the extent alleged arrears have been paid
 1544  in whole or in part;
 1545         (i) In a case in which the respondent neither appeared nor
 1546  was represented in the proceeding in the issuing foreign
 1547  country:
 1548         1. If the law of that country provides for prior notice of
 1549  proceedings, the respondent did not have proper notice of the
 1550  proceedings and an opportunity to be heard; or
 1551         2. If the law of that country does not provide for prior
 1552  notice of the proceedings, the respondent did not have proper
 1553  notice of the order and an opportunity to be heard in a
 1554  challenge or appeal on fact or law before a tribunal; or
 1555         (j) The order was made in violation of s. 88.7111.
 1556         (3) If a tribunal of this state does not recognize a
 1557  convention support order under paragraph (2)(b), (d), (f), or
 1558  (i):
 1559         (a) The tribunal may not dismiss the proceeding without
 1560  allowing a reasonable time for a party to request the
 1561  establishment of a new convention support order; and
 1562         (b) The Department of Revenue shall take all appropriate
 1563  measures to request a child support order for the obligee if the
 1564  application for recognition and enforcement was received under
 1565  s. 88.7041.
 1566         Section 67. Section 88.7091, Florida Statutes, is created
 1567  to read:
 1568         88.7091 Partial enforcement.—If a tribunal of this state
 1569  does not recognize and enforce a convention support order in its
 1570  entirety, it shall enforce any severable part of the order. An
 1571  application or direct request may seek recognition and partial
 1572  enforcement of a convention support order.
 1573         Section 68. Section 88.7101, Florida Statutes, is created
 1574  to read:
 1575         88.7101 Foreign support agreement.—
 1576         (1) Except as provided in subsections (3) and (4), a
 1577  tribunal of this state shall recognize and enforce a foreign
 1578  support agreement registered in this state.
 1579         (2) An application or direct request for recognition and
 1580  enforcement of a foreign support agreement must be accompanied
 1581  by:
 1582         (a) A complete text of the foreign support agreement; and
 1583         (b) A record stating that the foreign support agreement is
 1584  enforceable as an order of support in the issuing country.
 1585         (3) A tribunal of this state may vacate the registration of
 1586  a foreign support agreement only if, acting on its own motion,
 1587  the tribunal finds that recognition and enforcement would be
 1588  manifestly incompatible with public policy.
 1589         (4) In a contest of a foreign support agreement, a tribunal
 1590  of this state may refuse recognition and enforcement of the
 1591  agreement if it finds:
 1592         (a) Recognition and enforcement of the agreement is
 1593  manifestly incompatible with public policy;
 1594         (b) The agreement was obtained by fraud or falsification;
 1595         (c) The agreement is incompatible with a support order
 1596  issued between the same parties and having the same purpose in
 1597  this state, another state, or a foreign country if the support
 1598  order is entitled to recognition in this state; or
 1599         (d) The record submitted under subsection (2) lacks
 1600  authenticity or integrity.
 1601         (5) A proceeding for recognition and enforcement of a
 1602  foreign support agreement must be suspended during the pendency
 1603  of a challenge to or appeal of the agreement before a tribunal
 1604  of another state or a foreign country.
 1605         Section 69. Section 88.7111, Florida Statutes, is created
 1606  to read:
 1607         88.7111 Modification of convention child support order.—
 1608         (1) A tribunal of this state may not modify a convention
 1609  child support order if the obligee remains a resident of the
 1610  foreign country where the support order was issued unless:
 1611         (a) The obligee submits to the jurisdiction of a tribunal
 1612  of this state, either expressly or by defending on the merits of
 1613  the case without objecting to the jurisdiction at the first
 1614  available opportunity; or
 1615         (b) The foreign tribunal lacks or refuses to exercise
 1616  jurisdiction to modify its support order or issue a new support
 1617  order.
 1618         (2) If a tribunal of this state does not modify a
 1619  convention child support order because the order is not
 1620  recognized in this state, the provisions of s. 88.7081(3) apply.
 1621         Section 70. Section 88.7121, Florida Statutes, is created
 1622  to read:
 1623         88.7121 Personal information; limit on use.—Personal
 1624  information gathered or transmitted under this part may be used
 1625  only for the purposes for which it was gathered or transmitted.
 1626         Section 71. Section 88.7131, Florida Statutes, is created
 1627  to read:
 1628         88.7131 Record in original language; English translation.-A
 1629  record filed with a tribunal of this state under this part must
 1630  be in the original language and, if not in English, must be
 1631  accompanied by an English translation.
 1632         Section 72. Paragraph (b) of subsection (2) of section
 1633  88.8011, Florida Statutes, is amended to read:
 1634         88.8011 Grounds for rendition.—
 1635         (2) The Governor of this state may:
 1636         (b) On the demand of by the Governor of another state,
 1637  surrender an individual found in this state who is charged
 1638  criminally in the other state with having failed to provide for
 1639  the support of an obligee.
 1640         Section 73. Section 88.9011, Florida Statutes, is amended
 1641  to read:
 1642         88.9011 Uniformity of application and construction.—In
 1643  applying and construing this uniform act, consideration must be
 1644  given to the need to promote uniformity of This act shall be
 1645  applied and construed to effectuate its general purpose to make
 1646  uniform the law with respect to its the subject matter of this
 1647  act among states that enact enacting it.
 1648         Section 74. Section 88.9021, Florida Statutes, is created
 1649  to read:
 1650         88.9021 Transitional provision.—This act applies to
 1651  proceedings begun on or after the effective date of this act to
 1652  establish a support order or determine parentage of a child or
 1653  to register, recognize, enforce, or modify a prior support
 1654  order, determination, or agreement, whenever issued or entered.
 1655         Section 75. Section 88.9031, Florida Statutes, is amended
 1656  to read:
 1657         88.9031 Severability clause.—If any provision of this act
 1658  or its application to any person or circumstance is held
 1659  invalid, the invalidity does not affect other provisions or
 1660  applications of this act which can be given effect without the
 1661  invalid provision or application, and to this end the provisions
 1662  of this act are severable.
 1663         Section 76. Paragraph (a) of subsection (7) of section
 1664  61.13, Florida Statutes, is amended to read:
 1665         61.13 Support of children; parenting and time-sharing;
 1666  powers of court.—
 1667         (7)(a) Each party to any paternity or support proceeding is
 1668  required to file with the tribunal as defined in s. 88.1011(22)
 1669  and State Case Registry upon entry of an order, and to update as
 1670  appropriate, information on location and identity of the party,
 1671  including social security number, residential and mailing
 1672  addresses, telephone number, driver’s license number, and name,
 1673  address, and telephone number of employer. Each party to any
 1674  paternity or child support proceeding in a non-Title IV-D case
 1675  shall meet the above requirements for updating the tribunal and
 1676  State Case Registry.
 1677         Section 77. Paragraph (b) of subsection (5) of section
 1678  827.06, Florida Statutes, is amended to read:
 1679         827.06 Nonsupport of dependents.—
 1680         (5)
 1681         (b) The element of knowledge may be proven by evidence that
 1682  a court or tribunal as defined by s. 88.1011(22) has entered an
 1683  order that obligates the defendant to provide the support.
 1684         Section 78. Upon the passage of this bill, the Department
 1685  of Revenue is directed to apply for a waiver from the Federal
 1686  Office of Child Support Enforcement pursuant to the state plan
 1687  requirement under Title IV-D of the Social Security Act.
 1688         Section 79. Effective July 1, 2011, subsection (9) of
 1689  section 61.08, Florida Statutes, is renumbered as subsection
 1690  (10), a new subsection (9) is added to that section, and
 1691  subsections (2), (7), and (8) of that section are amended, to
 1692  read:
 1693         61.08 Alimony.—
 1694         (2) In determining whether to award alimony or maintenance,
 1695  the court shall first make a specific factual determination as
 1696  to whether either party has an actual need for alimony or
 1697  maintenance and whether either party has the ability to pay
 1698  alimony or maintenance. If the court finds that a party has a
 1699  need for alimony or maintenance and that the other party has the
 1700  ability to pay alimony or maintenance, then in determining the
 1701  proper type and amount of alimony or maintenance under
 1702  subsections (5)-(8), the court shall consider all relevant
 1703  factors, including, but not limited to:
 1704         (a) The standard of living established during the marriage.
 1705         (b) The duration of the marriage.
 1706         (c) The age and the physical and emotional condition of
 1707  each party.
 1708         (d) The financial resources of each party, including the
 1709  nonmarital and the marital assets and liabilities distributed to
 1710  each.
 1711         (e) The earning capacities, educational levels, vocational
 1712  skills, and employability of the parties and, when applicable,
 1713  the time necessary for either party to acquire sufficient
 1714  education or training to enable such party to find appropriate
 1715  employment.
 1716         (f) The contribution of each party to the marriage,
 1717  including, but not limited to, services rendered in homemaking,
 1718  child care, education, and career building of the other party.
 1719         (g) The responsibilities each party will have with regard
 1720  to any minor children they have in common.
 1721         (h) The tax treatment and consequences to both parties of
 1722  any alimony award, including the designation of all or a portion
 1723  of the payment as a nontaxable, nondeductible payment.
 1724         (i) All sources of income available to either party,
 1725  including income available to either party through investments
 1726  of any asset held by that party.
 1727         (j)  Any other factor necessary to do equity and justice
 1728  between the parties.
 1729         (7) Durational alimony may be awarded when permanent
 1730  periodic alimony is inappropriate. The purpose of durational
 1731  alimony is to provide a party with economic assistance for a set
 1732  period of time following a marriage of short or moderate
 1733  duration or following a marriage of long duration if there is no
 1734  ongoing need for support on a permanent basis. An award of
 1735  durational alimony terminates upon the death of either party or
 1736  upon the remarriage of the party receiving alimony. The amount
 1737  of an award of durational alimony may be modified or terminated
 1738  based upon a substantial change in circumstances in accordance
 1739  with s. 61.14. However, the length of an award of durational
 1740  alimony may not be modified except under exceptional
 1741  circumstances and may not exceed the length of the marriage.
 1742         (8) Permanent alimony may be awarded to provide for the
 1743  needs and necessities of life as they were established during
 1744  the marriage of the parties for a party who lacks the financial
 1745  ability to meet his or her needs and necessities of life
 1746  following a dissolution of marriage. Permanent alimony may be
 1747  awarded following a marriage of long duration if such an award
 1748  is appropriate upon consideration of the factors set forth in
 1749  subsection (2), following a marriage of moderate duration if
 1750  such an award is appropriate based upon clear and convincing
 1751  evidence after consideration of the factors set forth in
 1752  subsection (2), or following a marriage of short duration if
 1753  there are written findings of exceptional circumstances. In
 1754  awarding permanent alimony, the court shall include a finding
 1755  that no other form of alimony is fair and reasonable under the
 1756  circumstances of the parties. An award of permanent alimony
 1757  terminates upon the death of either party or upon the remarriage
 1758  of the party receiving alimony. An award may be modified or
 1759  terminated based upon a substantial change in circumstances or
 1760  upon the existence of a supportive relationship in accordance
 1761  with s. 61.14.
 1762         (9) The award of alimony may not leave the payor with
 1763  significantly less net income than the net income of the
 1764  recipient unless there are written findings of exceptional
 1765  circumstances.
 1766         Section 80. Effective July 1, 2011, the amendments to s.
 1767  61.08, Florida Statutes, made by this act apply to all initial
 1768  awards of alimony entered after July 1, 2011, and to all
 1769  modifications of alimony of such awards made after July 1, 2011.
 1770  Such amendments may not serve as a basis to modify awards
 1771  entered before July 1, 2011, or as a basis to change amounts or
 1772  duration of awards existing before July 1, 2011. The amendments
 1773  to s. 61.08, Florida Statutes, made by this act are applicable
 1774  to all cases pending on or filed after July 1, 2011.
 1775         Section 81. Except as otherwise expressly provided in this
 1776  act, this act shall take effect upon the earlier of 90 days
 1777  following Congress amending 42 U.S.C. s. 666(f) to allow or
 1778  require states to adopt the 2008 version of the Uniform
 1779  Interstate Family Support Act, or 90 days following the state
 1780  obtaining a waiver of its state plan requirement under Title IV
 1781  D of the Social Security Act.
 1782  
 1783  ================= T I T L E  A M E N D M E N T ================
 1784         And the title is amended as follows:
 1785         Delete everything before the enacting clause
 1786  and insert:
 1787                        A bill to be entitled                      
 1788         An act relating to family law; amending s. 88.1011,
 1789         F.S.; revising and providing definitions; amending s.
 1790         88.1021, F.S.; designating the Department of Revenue
 1791         as the support enforcement agency of this state;
 1792         amending s. 88.1031, F.S.; revising provisions
 1793         relating to remedies provided by the act; creating s.
 1794         88.1041, F.S.; providing for applicability of
 1795         provisions to residents of foreign counties and
 1796         foreign support proceedings; amending s. 88.2011,
 1797         F.S.; providing that specified bases of personal
 1798         jurisdiction may not be used to acquire personal
 1799         jurisdiction for certain purposes unless specified
 1800         requirements are met; amending s. 88.2021, F.S.;
 1801         providing for duration of personal jurisdiction;
 1802         deleting provisions relating to procedure when
 1803         exercising jurisdiction over nonresident; amending ss.
 1804         88.2031 and 88.2041, F.S.; conforming provisions to
 1805         changes made by the act; amending s. 88.2051, F.S.;
 1806         revising provisions relating to continuation of
 1807         exclusive jurisdiction; amending s. 88.2061, F.S.;
 1808         providing for continuing jurisdiction to enforce child
 1809         support orders; amending s. 88.2071, F.S.; revising
 1810         provisions relating to determination of a controlling
 1811         child support order; amending s. 88.2081, F.S.;
 1812         revising language relating to child support orders for
 1813         two or more obligees; amending s. 88.2091, F.S.;
 1814         revising language relating to credit for child support
 1815         payments; creating s. 88.2101, F.S.; providing for
 1816         application of the act to a nonresident subject to
 1817         personal jurisdiction; creating s. 88.2111, F.S.;
 1818         providing for continuing, exclusive jurisdiction to
 1819         modify a spousal support order; amending s. 88.3011,
 1820         F.S.; revising provisions relating to applicability of
 1821         the act; amending ss. 88.3021 and 88.3031, F.S.;
 1822         revising terminology; amending s. 88.3041, F.S.;
 1823         revising provisions relating to duties of an
 1824         initiating tribunal; amending s. 88.3051, F.S.;
 1825         revising provisions relating to duties and powers of a
 1826         responding tribunal; amending s. 88.3061, F.S.;
 1827         revising terminology; amending s. 88.3071, F.S.;
 1828         revising provisions relating to the duties of a
 1829         support enforcement agency; amending s. 88.3081, F.S.;
 1830         providing that the Governor and Cabinet may determine
 1831         that a foreign country has established a reciprocal
 1832         arrangement for child support with this state and take
 1833         appropriate action for notification of the
 1834         determination; amending s. 88.3101, F.S.; revising
 1835         terminology; amending s. 88.3111, F.S.; revising
 1836         provisions relating to pleadings and accompanying
 1837         documents; amending s. 88.3121, F.S.; revising
 1838         requirements for nondisclosure of certain information;
 1839         amending ss. 88.3131 and 88.3141, F.S.; revising
 1840         terminology; amending s. 88.3161, F.S.; revising
 1841         provisions relating to special rules of evidence and
 1842         procedure; amending ss. 88.3171 and 88.3181, F.S.;
 1843         revising terminology; amending s. 88.3191, F.S.;
 1844         revising provisions relating to receipt and
 1845         disbursement of payments; amending s. 88.4011, F.S.;
 1846         revising provisions relating to establishment of a
 1847         support order; creating s. 88.4021, F.S.; providing
 1848         that certain tribunals of this state may serve as
 1849         responding tribunals in proceedings to determine
 1850         parentage of a child under certain provisions;
 1851         providing a directive to the Division of Statutory
 1852         Revision; amending s. 88.5011, F.S.; revising
 1853         provisions relating to an employer’s receipt of an
 1854         income-withholding order from another state; amending
 1855         ss. 88.50211, 88.5031, 88.5041, and 88.5051, F.S.;
 1856         revising terminology; amending s. 88.5061, F.S.;
 1857         revising provisions relating to a contest by obligor;
 1858         amending s. 88.5071, F.S.; revising terminology;
 1859         providing a directive to the Division of Statutory
 1860         Revision; amending s. 88.6011, F.S.; revising
 1861         terminology; amending s. 88.6021, F.S.; revising
 1862         provisions relating to the procedure to register order
 1863         for enforcement; amending s. 88.6031, F.S.; revising
 1864         terminology; amending s. 88.6041, F.S.; revising
 1865         provisions relating to choice of law; amending s.
 1866         88.6051, F.S.; revising provisions relating to notice
 1867         of registration of order; amending s. 88.6061, F.S.;
 1868         revising provisions relating to the procedure to
 1869         contest the validity or enforcement of a registered
 1870         order; amending s. 88.6071, F.S.; revising provisions
 1871         relating to the contesting of registration or
 1872         enforcement; amending s. 88.6081, F.S.; revising
 1873         terminology; amending s. 88.6091, F.S.; correcting a
 1874         cross-reference; amending s. 88.6111, F.S.; revising
 1875         provisions relating to modification of a child support
 1876         order of another state; amending s. 88.6121, F.S.;
 1877         revising provisions relating to recognition of a child
 1878         support order modified in another state; creating s.
 1879         88.6151, F.S.; providing for jurisdiction to modify a
 1880         child support order of a foreign country; creating s.
 1881         88.6161, F.S.; providing procedures for registration
 1882         of a child support order of a foreign country for
 1883         modification; providing a directive to the Division of
 1884         Statutory Revision; repealing s. 88.7011, F.S.,
 1885         relating to a proceeding to determine parentage of a
 1886         child; creating s. 88.70111, F.S.; providing
 1887         definitions relating to a support proceeding under the
 1888         Convention on the International Recovery of Child
 1889         Support and Other Forms of Family Maintenance;
 1890         creating s. 88.7021, F.S.; providing for
 1891         applicability; creating s. 88.7031, F.S.; specifying
 1892         the relationship of the Department of Revenue to the
 1893         United States central authority; creating s. 88.7041,
 1894         F.S.; providing for initiation by the Department of
 1895         Revenue of support proceedings under the convention;
 1896         creating s. 88.7051, F.S.; providing for direct
 1897         requests to tribunals; creating s. 88.7061, F.S.;
 1898         providing for registration of convention support
 1899         orders; creating s. 88.7071, F.S.; providing for
 1900         contest of registered convention support orders;
 1901         creating s. 88.7081, F.S.; providing for recognition
 1902         and enforcement of registered convention support
 1903         orders; creating s. 88.7091, F.S.; providing for
 1904         partial enforcement of convention support orders;
 1905         creating s. 88.7101, F.S.; providing requirements for
 1906         a foreign support agreement; creating s. 88.7111,
 1907         F.S.; providing for modification of convention child
 1908         support orders; creating s. 88.7121, F.S.; providing
 1909         limits on the personal use of certain information;
 1910         creating s. 88.7131, F.S.; requiring a record filed
 1911         with a tribunal of this state under specified
 1912         provisions to be in the original language and, if not
 1913         in English, to be accompanied by an English
 1914         translation; amending s. 88.8011, F.S.; revising
 1915         terminology; amending s. 88.9011, F.S.; revising
 1916         provisions relating to the uniformity of application
 1917         and construction of the act; creating s. 88.9021,
 1918         F.S.; providing applicability; amending s. 88.9031,
 1919         F.S.; revising terminology; amending ss. 61.13 and
 1920         827.06, F.S.; correcting cross-references; directing
 1921         the Department of Revenue to apply for a waiver;
 1922         amending s. 61.08, F.S.; revising provisions relating
 1923         to factors to be considered for alimony awards;
 1924         revising provisions relating to awards of durational
 1925         alimony; revising provisions relating to awards of
 1926         permanent alimony; providing that the award of alimony
 1927         may not leave the payor with significantly less net
 1928         income than the net income of the recipient unless
 1929         there are written findings of exceptional
 1930         circumstances; providing for applicability of
 1931         specified provisions; providing effective dates.