| 1 | Representative Mayfield offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove line 1819 and insert: |
| 5 | Section 79. Effective July 1, 2011, subsection (9) of |
| 6 | section 61.08, Florida Statutes, is renumbered as subsection |
| 7 | (10), a new subsection (9) is added to that section, and |
| 8 | subsections (2), (7), and (8) of that section are amended, to |
| 9 | read: |
| 10 | 61.08 Alimony.- |
| 11 | (2) In determining whether to award alimony or |
| 12 | maintenance, the court shall first make a specific factual |
| 13 | determination as to whether either party has an actual need for |
| 14 | alimony or maintenance and whether either party has the ability |
| 15 | to pay alimony or maintenance. If the court finds that a party |
| 16 | has a need for alimony or maintenance and that the other party |
| 17 | has the ability to pay alimony or maintenance, then in |
| 18 | determining the proper type and amount of alimony or maintenance |
| 19 | under subsections (5)-(8), the court shall consider all relevant |
| 20 | factors, including, but not limited to: |
| 21 | (a) The standard of living established during the |
| 22 | marriage. |
| 23 | (b) The duration of the marriage. |
| 24 | (c) The age and the physical and emotional condition of |
| 25 | each party. |
| 26 | (d) The financial resources of each party, including the |
| 27 | nonmarital and the marital assets and liabilities distributed to |
| 28 | each. |
| 29 | (e) The earning capacities, educational levels, vocational |
| 30 | skills, and employability of the parties and, when applicable, |
| 31 | the time necessary for either party to acquire sufficient |
| 32 | education or training to enable such party to find appropriate |
| 33 | employment. |
| 34 | (f) The contribution of each party to the marriage, |
| 35 | including, but not limited to, services rendered in homemaking, |
| 36 | child care, education, and career building of the other party. |
| 37 | (g) The responsibilities each party will have with regard |
| 38 | to any minor children they have in common. |
| 39 | (h) The tax treatment and consequences to both parties of |
| 40 | any alimony award, including the designation of all or a portion |
| 41 | of the payment as a nontaxable, nondeductible payment. |
| 42 | (i) All sources of income available to either party, |
| 43 | including income available to either party through investments |
| 44 | of any asset held by that party. |
| 45 | (j) Any other factor necessary to do equity and justice |
| 46 | between the parties. |
| 47 | (7) Durational alimony may be awarded when permanent |
| 48 | periodic alimony is inappropriate. The purpose of durational |
| 49 | alimony is to provide a party with economic assistance for a set |
| 50 | period of time following a marriage of short or moderate |
| 51 | duration or following a marriage of long duration if there is no |
| 52 | ongoing need for support on a permanent basis. An award of |
| 53 | durational alimony terminates upon the death of either party or |
| 54 | upon the remarriage of the party receiving alimony. The amount |
| 55 | of an award of durational alimony may be modified or terminated |
| 56 | based upon a substantial change in circumstances in accordance |
| 57 | with s. 61.14. However, the length of an award of durational |
| 58 | alimony may not be modified except under exceptional |
| 59 | circumstances and may not exceed the length of the marriage. |
| 60 | (8) Permanent alimony may be awarded to provide for the |
| 61 | needs and necessities of life as they were established during |
| 62 | the marriage of the parties for a party who lacks the financial |
| 63 | ability to meet his or her needs and necessities of life |
| 64 | following a dissolution of marriage. Permanent alimony may be |
| 65 | awarded following a marriage of long duration if such an award |
| 66 | is appropriate upon consideration of the factors set forth in |
| 67 | subsection (2), following a marriage of moderate duration if |
| 68 | such an award is appropriate based upon clear and convincing |
| 69 | evidence after consideration of the factors set forth in |
| 70 | subsection (2), or following a marriage of short duration if |
| 71 | there are written findings of exceptional circumstances. In |
| 72 | awarding permanent alimony, the court shall include a finding |
| 73 | that no other form of alimony is fair and reasonable under the |
| 74 | circumstances of the parties. An award of permanent alimony |
| 75 | terminates upon the death of either party or upon the remarriage |
| 76 | of the party receiving alimony. An award may be modified or |
| 77 | terminated based upon a substantial change in circumstances or |
| 78 | upon the existence of a supportive relationship in accordance |
| 79 | with s. 61.14. |
| 80 | (9) The award of alimony may not leave the payor with |
| 81 | significantly less net income than the net income of the |
| 82 | recipient unless there are written findings of exceptional |
| 83 | circumstances. |
| 84 | Section 80. Effective July 1, 2011, the amendments to s. |
| 85 | 61.08, Florida Statutes, made by this act apply to all initial |
| 86 | awards of alimony entered after July 1, 2011, and to all |
| 87 | modifications of alimony of such awards made after July 1, 2011. |
| 88 | Such amendments may not serve as a basis to modify awards |
| 89 | entered before July 1, 2011, or as a basis to change amounts or |
| 90 | duration of awards existing before July 1, 2011. The amendments |
| 91 | to s. 61.08, Florida Statutes, made by this act are applicable |
| 92 | to all cases pending on or filed after July 1, 2011. |
| 93 | Section 81. Except as otherwise expressly provided in this |
| 94 | act, this act shall take effect upon the earlier of |
| 95 |
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| 96 | ----------------------------------------------------- |
| 97 | T I T L E A M E N D M E N T |
| 98 | Remove lines 2-126 and insert: |
| 99 | An act relating to family law; amending s. 88.1011, F.S.; |
| 100 | revising and providing definitions; amending s. 88.1021, |
| 101 | F.S.; designating the Department of Revenue as the support |
| 102 | enforcement agency of this state; amending s. 88.1031, |
| 103 | F.S.; revising provisions relating to remedies provided by |
| 104 | the act; creating s. 88.1041, F.S.; providing for |
| 105 | applicability of provisions to residents of foreign |
| 106 | counties and foreign support proceedings; amending s. |
| 107 | 88.2011, F.S.; providing that specified bases of personal |
| 108 | jurisdiction may not be used to acquire personal |
| 109 | jurisdiction for certain purposes unless specified |
| 110 | requirements are met; amending s. 88.2021, F.S.; providing |
| 111 | for duration of personal jurisdiction; deleting provisions |
| 112 | relating to procedure when exercising jurisdiction over |
| 113 | nonresident; amending ss. 88.2031 and 88.2041, F.S.; |
| 114 | conforming provisions to changes made by the act; amending |
| 115 | s. 88.2051, F.S.; revising provisions relating to |
| 116 | continuation of exclusive jurisdiction; amending s. |
| 117 | 88.2061, F.S.; providing for continuing jurisdiction to |
| 118 | enforce child support orders; amending s. 88.2071, F.S.; |
| 119 | revising provisions relating to determination of a |
| 120 | controlling child support order; amending s. 88.2081, |
| 121 | F.S.; revising language relating to child support orders |
| 122 | for two or more obligees; amending s. 88.2091, F.S.; |
| 123 | revising language relating to credit for child support |
| 124 | payments; creating s. 88.2101, F.S.; providing for |
| 125 | application of the act to a nonresident subject to |
| 126 | personal jurisdiction; creating s. 88.2111, F.S.; |
| 127 | providing for continuing, exclusive jurisdiction to modify |
| 128 | a spousal support order; amending s. 88.3011, F.S.; |
| 129 | revising provisions relating to applicability of the act; |
| 130 | amending ss. 88.3021 and 88.3031, F.S.; revising |
| 131 | terminology; amending s. 88.3041, F.S.; revising |
| 132 | provisions relating to duties of an initiating tribunal; |
| 133 | amending s. 88.3051, F.S.; revising provisions relating to |
| 134 | duties and powers of a responding tribunal; amending s. |
| 135 | 88.3061, F.S.; revising terminology; amending s. 88.3071, |
| 136 | F.S.; revising provisions relating to the duties of a |
| 137 | support enforcement agency; amending s. 88.3081, F.S.; |
| 138 | providing that the Governor and Cabinet may determine that |
| 139 | a foreign country has established a reciprocal arrangement |
| 140 | for child support with this state and take appropriate |
| 141 | action for notification of the determination; amending s. |
| 142 | 88.3101, F.S.; revising terminology; amending s. 88.3111, |
| 143 | F.S.; revising provisions relating to pleadings and |
| 144 | accompanying documents; amending s. 88.3121, F.S.; |
| 145 | revising requirements for nondisclosure of certain |
| 146 | information; amending ss. 88.3131 and 88.3141, F.S.; |
| 147 | revising terminology; amending s. 88.3161, F.S.; revising |
| 148 | provisions relating to special rules of evidence and |
| 149 | procedure; amending ss. 88.3171 and 88.3181, F.S.; |
| 150 | revising terminology; amending s. 88.3191, F.S.; revising |
| 151 | provisions relating to receipt and disbursement of |
| 152 | payments; amending s. 88.4011, F.S.; revising provisions |
| 153 | relating to establishment of a support order; creating s. |
| 154 | 88.4021, F.S.; providing that certain tribunals of this |
| 155 | state may serve as responding tribunals in proceedings to |
| 156 | determine parentage of a child under certain provisions; |
| 157 | providing a directive to the Division of Statutory |
| 158 | Revision; amending s. 88.5011, F.S.; revising provisions |
| 159 | relating to an employer's receipt of an income-withholding |
| 160 | order from another state; amending ss. 88.50211, 88.5031, |
| 161 | 88.5041, and 88.5051, F.S.; revising terminology; amending |
| 162 | s. 88.5061, F.S.; revising provisions relating to a |
| 163 | contest by obligor; amending s. 88.5071, F.S.; revising |
| 164 | terminology; providing a directive to the Division of |
| 165 | Statutory Revision; amending s. 88.6011, F.S.; revising |
| 166 | terminology; amending s. 88.6021, F.S.; revising |
| 167 | provisions relating to the procedure to register order for |
| 168 | enforcement; amending s. 88.6031, F.S.; revising |
| 169 | terminology; amending s. 88.6041, F.S.; revising |
| 170 | provisions relating to choice of law; amending s. 88.6051, |
| 171 | F.S.; revising provisions relating to notice of |
| 172 | registration of order; amending s. 88.6061, F.S.; revising |
| 173 | provisions relating to the procedure to contest the |
| 174 | validity or enforcement of a registered order; amending s. |
| 175 | 88.6071, F.S.; revising provisions relating to the |
| 176 | contesting of registration or enforcement; amending s. |
| 177 | 88.6081, F.S.; revising terminology; amending s. 88.6091, |
| 178 | F.S.; correcting a cross-reference; amending s. 88.6111, |
| 179 | F.S.; revising provisions relating to modification of a |
| 180 | child support order of another state; amending s. 88.6121, |
| 181 | F.S.; revising provisions relating to recognition of a |
| 182 | child support order modified in another state; creating s. |
| 183 | 88.6151, F.S.; providing for jurisdiction to modify a |
| 184 | child support order of a foreign country; creating s. |
| 185 | 88.6161, F.S.; providing procedures for registration of a |
| 186 | child support order of a foreign country for modification; |
| 187 | providing a directive to the Division of Statutory |
| 188 | Revision; repealing s. 88.7011, F.S., relating to a |
| 189 | proceeding to determine parentage of a child; creating s. |
| 190 | 88.70111, F.S.; providing definitions relating to a |
| 191 | support proceeding under the Convention on the |
| 192 | International Recovery of Child Support and Other Forms of |
| 193 | Family Maintenance; creating s. 88.7021, F.S.; providing |
| 194 | for applicability; creating s. 88.7031, F.S.; specifying |
| 195 | the relationship of the Department of Revenue to the |
| 196 | United States central authority; creating s. 88.7041, |
| 197 | F.S.; providing for initiation by the Department of |
| 198 | Revenue of support proceedings under the convention; |
| 199 | creating s. 88.7051, F.S.; providing for direct requests |
| 200 | to tribunals; creating s. 88.7061, F.S.; providing for |
| 201 | registration of convention support orders; creating s. |
| 202 | 88.7071, F.S.; providing for contest of registered |
| 203 | convention support orders; creating s. 88.7081, F.S.; |
| 204 | providing for recognition and enforcement of registered |
| 205 | convention support orders; creating s. 88.7091, F.S.; |
| 206 | providing for partial enforcement of convention support |
| 207 | orders; creating s. 88.7101, F.S.; providing requirements |
| 208 | for a foreign support agreement; creating s. 88.7111, |
| 209 | F.S.; providing for modification of convention child |
| 210 | support orders; creating s. 88.7121, F.S.; providing |
| 211 | limits on the personal use of certain information; |
| 212 | creating s. 88.7131, F.S.; requiring a record filed with a |
| 213 | tribunal of this state under specified provisions to be in |
| 214 | the original language and, if not in English, to be |
| 215 | accompanied by an English translation; amending s. |
| 216 | 88.8011, F.S.; revising terminology; amending s. 88.9011, |
| 217 | F.S.; revising provisions relating to the uniformity of |
| 218 | application and construction of the act; creating s. |
| 219 | 88.9021, F.S.; providing applicability; amending s. |
| 220 | 88.9031, F.S.; revising terminology; amending ss. 61.13 |
| 221 | and 827.06, F.S.; correcting cross-references; directing |
| 222 | the Department of Revenue to apply for a waiver; amending |
| 223 | s. 61.08, F.S.; revising provisions relating to factors to |
| 224 | be considered for alimony awards; revising provisions |
| 225 | relating to awards of durational alimony; revising |
| 226 | provisions relating to awards of permanent alimony; |
| 227 | providing that the award of alimony may not leave the |
| 228 | payor with significantly less net income than the net |
| 229 | income of the recipient unless there are written findings |
| 230 | of exceptional circumstances; providing for applicability |
| 231 | of specified provisions; providing effective dates. |