| 1 | Representative Mayfield offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | Remove lines 1504-1767 and insert: |
| 5 | 88.7041 Initiation by Department of Revenue of support |
| 6 | proceeding under convention.- |
| 7 | (1) In a support proceeding under this part, the |
| 8 | Department of Revenue shall: |
| 9 | (a) Transmit and receive applications; and |
| 10 | (b) Initiate or facilitate the institution of a proceeding |
| 11 | regarding an application in a tribunal of this state. |
| 12 | (2) The following support proceedings are available to an |
| 13 | obligee under the convention: |
| 14 | (a) Recognition or recognition and enforcement of a |
| 15 | foreign support order. |
| 16 | (b) Enforcement of a support order issued or recognized in |
| 17 | this state. |
| 18 | (c) Establishment of a support order if there is no |
| 19 | existing order, including, where necessary, determination of |
| 20 | parentage of a child. |
| 21 | (d) Establishment of a support order if recognition of a |
| 22 | foreign support order is refused under s. 88.7081(2)(b), (d), or |
| 23 | (i). |
| 24 | (e) Modification of a support order of a tribunal of this |
| 25 | state. |
| 26 | (f) Modification of a support order of a tribunal of |
| 27 | another state or a foreign country. |
| 28 | (3) The following support proceedings are available under |
| 29 | the convention to an obligor against whom there is an existing |
| 30 | support order: |
| 31 | (a) Recognition of an order suspending or limiting |
| 32 | enforcement of an existing support order of a tribunal of this |
| 33 | state. |
| 34 | (b) Modification of a support order of a tribunal of this |
| 35 | state. |
| 36 | (c) Modification of a support order of a tribunal of |
| 37 | another state or foreign country. |
| 38 | (4) A tribunal of this state may not require security, |
| 39 | bond, or deposit, however described, to guarantee the payment of |
| 40 | costs and expenses in proceedings under the convention. |
| 41 | Section 62. Section 88.7051, Florida Statutes, is created |
| 42 | to read: |
| 43 | 88.7051 Direct request.- |
| 44 | (1) A petitioner may file a direct request seeking |
| 45 | establishment or modification of a support order or |
| 46 | determination of parentage of a child. In the proceeding, the |
| 47 | law of this state applies. |
| 48 | (2) A petitioner may file a direct request in a tribunal |
| 49 | of this state seeking recognition and enforcement of a support |
| 50 | order or support agreement. In such a proceeding, the provisions |
| 51 | of ss. 88.7061-88.7131 apply. |
| 52 | (3) In a direct request for recognition and enforcement of |
| 53 | a convention support order or foreign support agreement: |
| 54 | (a) A security, bond, or deposit is not required to |
| 55 | guarantee the payment of costs and expenses; and |
| 56 | (b) An obligee or obligor that in the issuing country has |
| 57 | benefited from free legal assistance is entitled to benefit, at |
| 58 | least to the same extent, from any free legal assistance |
| 59 | provided for by the law of this state under the same |
| 60 | circumstances. |
| 61 | (4) An individual filing a direct request is not entitled |
| 62 | to assistance from the Department of Revenue. |
| 63 | (5) This part does not prevent the application of laws of |
| 64 | this state that provide simplified, more expeditious rules |
| 65 | regarding a direct request for recognition and enforcement of a |
| 66 | foreign support order or foreign support agreement. |
| 67 | Section 63. Section 88.7061, Florida Statutes, is created |
| 68 | to read: |
| 69 | 88.7061 Registration of convention support order.- |
| 70 | (1) Except as otherwise provided in this part, a party who |
| 71 | is an individual or a support enforcement agency seeking |
| 72 | recognition of a convention support order shall register the |
| 73 | order in this state as provided in part VI of this chapter. |
| 74 | (2) Notwithstanding ss. 88.3111 and 88.6021(1), a request |
| 75 | for registration of a convention support order must be |
| 76 | accompanied by the following: |
| 77 | (a) A complete text of the support order, or an abstract |
| 78 | or extract of the support order drawn up by the issuing foreign |
| 79 | tribunal, which may be in the form recommended by the Hague |
| 80 | Conference on Private International Law. |
| 81 | (b) A record stating that the support order is enforceable |
| 82 | in the issuing country. |
| 83 | (c) If the respondent did not appear and was not |
| 84 | represented in the proceedings in the issuing country, a record |
| 85 | attesting, as appropriate, either that the respondent had proper |
| 86 | notice of the proceedings and an opportunity to be heard, or |
| 87 | that the respondent had proper notice of the support order and |
| 88 | the opportunity to be heard in a challenge or appeal on fact or |
| 89 | law before a tribunal. |
| 90 | (d) A record showing the amount of any arrears, and the |
| 91 | date the amount was calculated. |
| 92 | (e) A record showing a requirement for automatic |
| 93 | adjustment of the amount of support, if any, and the information |
| 94 | necessary to make the appropriate calculations, if necessary. |
| 95 | (f) A record showing the extent to which the applicant |
| 96 | received free legal assistance in the issuing country. |
| 97 | (3) A request for registration of a convention support |
| 98 | order may seek recognition and partial enforcement of the order. |
| 99 | (4) A tribunal of this state may vacate the registration |
| 100 | of a convention support order without the filing of a contest |
| 101 | under s. 88.7071 only if, acting on its own motion, the tribunal |
| 102 | finds that recognition and enforcement of the order would be |
| 103 | manifestly incompatible with public policy. |
| 104 | (5) The tribunal shall promptly notify the parties of the |
| 105 | registration or the order vacating the registration of a |
| 106 | convention support order. |
| 107 | Section 64. Section 88.7071, Florida Statutes, is created |
| 108 | to read: |
| 109 | 88.7071 Contest of registered convention support order.- |
| 110 | (1) Except as otherwise provided in this part, ss. |
| 111 | 88.6051-88.6081 apply to a contest of a registered convention |
| 112 | support order. |
| 113 | (2) A party contesting a registered convention support |
| 114 | order shall file a contest not later than 30 days after notice |
| 115 | of the registration, but if the contesting party does not reside |
| 116 | in the United States, the contest must be filed not later than |
| 117 | 60 days after notice of the registration. |
| 118 | (3) If the nonregistering party fails to contest the |
| 119 | registered convention support order by the time specified in |
| 120 | subsection (2), the order is enforceable. |
| 121 | (4) A contest of a registered convention support order may |
| 122 | be based only on grounds set forth in s. 88.7081. The contesting |
| 123 | party bears the burden of proof. |
| 124 | (5) In a contest of a registered convention support order, |
| 125 | a tribunal of this state: |
| 126 | (a) Is bound by the findings of fact on which the foreign |
| 127 | tribunal based its jurisdiction; and |
| 128 | (b) May not review the merits of the order. |
| 129 | (6) A tribunal of this state deciding a contest of a |
| 130 | registered convention support order shall promptly notify the |
| 131 | parties of its decision. |
| 132 | (7) A challenge or appeal, if any, does not stay the |
| 133 | enforcement of a convention support order unless there are |
| 134 | exceptional circumstances. |
| 135 | Section 65. Section 88.7081, Florida Statutes, is created |
| 136 | to read: |
| 137 | 88.7081 Recognition and enforcement of convention support |
| 138 | order.- |
| 139 | (1) Except as otherwise provided in subsection (2), a |
| 140 | tribunal of this state shall recognize and enforce a registered |
| 141 | convention support order. |
| 142 | (2) The following grounds are the only grounds on which a |
| 143 | tribunal of this state may refuse recognition and enforcement of |
| 144 | a registered convention support order: |
| 145 | (a) Recognition and enforcement of the order is manifestly |
| 146 | incompatible with public policy, including the failure of the |
| 147 | issuing tribunal to observe minimum standards of due process, |
| 148 | which include notice and an opportunity to be heard; |
| 149 | (b) The issuing tribunal lacked personal jurisdiction |
| 150 | consistent with s. 88.2011; |
| 151 | (c) The order is not enforceable in the issuing country; |
| 152 | (d) The order was obtained by fraud in connection with a |
| 153 | matter of procedure; |
| 154 | (e) A record transmitted in accordance with s. 88.7061 |
| 155 | lacks authenticity or integrity; |
| 156 | (f) A proceeding between the same parties and having the |
| 157 | same purpose is pending before a tribunal of this state and that |
| 158 | proceeding was the first to be filed; |
| 159 | (g) The order is incompatible with a more recent support |
| 160 | order involving the same parties and having the same purpose if |
| 161 | the more recent support order is entitled to recognition and |
| 162 | enforcement under this act in this state; |
| 163 | (h) Payment, to the extent alleged arrears have been paid |
| 164 | in whole or in part; |
| 165 | (i) In a case in which the respondent neither appeared nor |
| 166 | was represented in the proceeding in the issuing foreign |
| 167 | country: |
| 168 | 1. If the law of that country provides for prior notice of |
| 169 | proceedings, the respondent did not have proper notice of the |
| 170 | proceedings and an opportunity to be heard; or |
| 171 | 2. If the law of that country does not provide for prior |
| 172 | notice of the proceedings, the respondent did not have proper |
| 173 | notice of the order and an opportunity to be heard in a |
| 174 | challenge or appeal on fact or law before a tribunal; or |
| 175 | (j) The order was made in violation of s. 88.7111. |
| 176 | (3) If a tribunal of this state does not recognize a |
| 177 | convention support order under paragraph (2)(b), (d), (f), or |
| 178 | (i): |
| 179 | (a) The tribunal may not dismiss the proceeding without |
| 180 | allowing a reasonable time for a party to request the |
| 181 | establishment of a new convention support order; and |
| 182 | (b) The Department of Revenue shall take all appropriate |
| 183 | measures to request a child support order for the obligee if the |
| 184 | application for recognition and enforcement was received under |
| 185 | s. 88.7041. |
| 186 | Section 66. Section 88.7091, Florida Statutes, is created |
| 187 | to read: |
| 188 | 88.7091 Partial enforcement.-If a tribunal of this state |
| 189 | does not recognize and enforce a convention support order in its |
| 190 | entirety, it shall enforce any severable part of the order. An |
| 191 | application or direct request may seek recognition and partial |
| 192 | enforcement of a convention support order. |
| 193 | Section 67. Section 88.7101, Florida Statutes, is created |
| 194 | to read: |
| 195 | 88.7101 Foreign support agreement.- |
| 196 | (1) Except as provided in subsections (3) and (4), a |
| 197 | tribunal of this state shall recognize and enforce a foreign |
| 198 | support agreement registered in this state. |
| 199 | (2) An application or direct request for recognition and |
| 200 | enforcement of a foreign support agreement must be accompanied |
| 201 | by: |
| 202 | (a) A complete text of the foreign support agreement; and |
| 203 | (b) A record stating that the foreign support agreement is |
| 204 | enforceable as an order of support in the issuing country. |
| 205 | (3) A tribunal of this state may vacate the registration |
| 206 | of a foreign support agreement only if, acting on its own |
| 207 | motion, the tribunal finds that recognition and enforcement |
| 208 | would be manifestly incompatible with public policy. |
| 209 | (4) In a contest of a foreign support agreement, a |
| 210 | tribunal of this state may refuse recognition and enforcement of |
| 211 | the agreement if it finds: |
| 212 | (a) Recognition and enforcement of the agreement is |
| 213 | manifestly incompatible with public policy; |
| 214 | (b) The agreement was obtained by fraud or falsification; |
| 215 | (c) The agreement is incompatible with a support order |
| 216 | issued between the same parties and having the same purpose in |
| 217 | this state, another state, or a foreign country if the support |
| 218 | order is entitled to recognition in this state; or |
| 219 | (d) The record submitted under subsection (2) lacks |
| 220 | authenticity or integrity. |
| 221 | (5) A proceeding for recognition and enforcement of a |
| 222 | foreign support agreement must be suspended during the pendency |
| 223 | of a challenge to or appeal of the agreement before a tribunal |
| 224 | of another state or a foreign country. |
| 225 | Section 68. Section 88.7111, Florida Statutes, is created |
| 226 | to read: |
| 227 | 88.7111 Modification of convention child support order.- |
| 228 | (1) A tribunal of this state may not modify a convention |
| 229 | child support order if the obligee remains a resident of the |
| 230 | foreign country where the support order was issued unless: |
| 231 | (a) The obligee submits to the jurisdiction of a tribunal |
| 232 | of this state, either expressly or by defending on the merits of |
| 233 | the case without objecting to the jurisdiction at the first |
| 234 | available opportunity; or |
| 235 | (b) The foreign tribunal lacks or refuses to exercise |
| 236 | jurisdiction to modify its support order or issue a new support |
| 237 | order. |
| 238 | (2) If a tribunal of this state does not modify a |
| 239 | convention child support order because the order is not |
| 240 | recognized in this state, the provisions of s. 88.7081(3) apply. |
| 241 | Section 69. Section 88.7121, Florida Statutes, is created |
| 242 | to read: |
| 243 | 88.7121 Personal information; limit on use.-Personal |
| 244 | information gathered or transmitted under this part may be used |
| 245 | only for the purposes for which it was gathered or transmitted. |
| 246 | Section 70. Section 88.7131, Florida Statutes, is created |
| 247 | to read: |
| 248 | 88.7131 Record in original language; English translation.- |
| 249 | A record filed with a tribunal of this state under this part |
| 250 | must be in the original language and, if not in English, must be |
| 251 | accompanied by an English translation. |
| 252 | Section 71. Paragraph (b) of subsection (2) of section |
| 253 | 88.8011, Florida Statutes, is amended to read: |
| 254 | 88.8011 Grounds for rendition.- |
| 255 | (2) The Governor of this state may: |
| 256 | (b) On the demand of by the Governor of another state, |
| 257 | surrender an individual found in this state who is charged |
| 258 | criminally in the other state with having failed to provide for |
| 259 | the support of an obligee. |
| 260 | Section 73. Section 88.9011, Florida Statutes, is amended |
| 261 | to read: |
| 262 | 88.9011 Uniformity of application and construction.-In |
| 263 | applying and construing this uniform act, consideration must be |
| 264 | given to the need to promote uniformity of This act shall be |
| 265 | applied and construed to effectuate its general purpose to make |
| 266 | uniform the law with respect to its the subject matter of this |
| 267 | act among states that enact enacting it. |
| 268 | Section 72. Section 88.9021, Florida Statutes, is created |
| 269 | to read: |
| 270 | 88.9021 Transitional provision.-This act applies to |
| 271 | proceedings begun on or after the effective date of this act to |
| 272 | establish a support order or determine parentage of a child or |
| 273 | to register, recognize, enforce, or modify a prior support |
| 274 | order, determination, or agreement, whenever issued or entered. |
| 275 |
|
| 276 |
|
| 277 | ----------------------------------------------------- |
| 278 | T I T L E A M E N D M E N T |
| 279 | Remove lines 98-118 and insert: |
| 280 | Revenue of support proceedings under the convention; creating s. |
| 281 | 88.7051, F.S.; providing for direct requests to tribunals; |
| 282 | creating s. 88.7061, F.S.; providing for registration of |
| 283 | convention support orders; creating s. 88.7071, F.S.; providing |
| 284 | for contest of registered convention support orders; creating s. |
| 285 | 88.7081, F.S.; providing for recognition and enforcement of |
| 286 | registered convention support orders; creating s. 88.7091, F.S.; |
| 287 | providing for partial enforcement of convention support orders; |
| 288 | creating s. 88.7101, F.S.; providing requirements for a foreign |
| 289 | support agreement; creating s. 88.7111, F.S.; providing for |
| 290 | modification of convention child support orders; creating s. |
| 291 | 88.7121, F.S.; providing limits on the personal use of certain |
| 292 | information; creating s. 88.7131, F.S.; requiring a record filed |
| 293 | with a tribunal of this state under specified provisions to be |
| 294 | in the original language and, if not in English, to be |
| 295 | accompanied by an English translation; amending s. 88.8011, |
| 296 | F.S.; revising terminology; amending s. 88.9011, F.S.; revising |
| 297 | provisions relating to the uniformity of application and |
| 298 | construction of the act; creating s. 88.9021, F.S.; providing |
| 299 | applicability; amending s. 88.9031, F.S.; |