CS/HB 1111

1	A bill to be entitled
2	An act relating to the Uniform Interstate Family Support
3	Act; amending s. 88.1011, F.S.; revising and providing
4	definitions; amending s. 88.1021, F.S.; designating the
5	Department of Revenue as the support enforcement agency of
6	this state; amending s. 88.1031, F.S.; revising provisions
7	relating to remedies provided by the act; creating s.
8	88.1041, F.S.; providing for applicability of provisions
9	to residents of foreign counties and foreign support
10	proceedings; amending s. 88.2011, F.S.; providing that
11	specified bases of personal jurisdiction may not be used
12	to acquire personal jurisdiction for certain purposes
13	unless specified requirements are met; amending s.
14	88.2021, F.S.; providing for duration of personal
15	jurisdiction; deleting provisions relating to procedure
16	when exercising jurisdiction over nonresident; amending
17	ss. 88.2031 and 88.2041, F.S.; conforming provisions to
18	changes made by the act; amending s. 88.2051, F.S.;
19	revising provisions relating to continuation of exclusive
20	jurisdiction; amending s. 88.2061, F.S.; providing for
21	continuing jurisdiction to enforce child support orders;
22	amending s. 88.2071, F.S.; revising provisions relating to
23	determination of a controlling child support order;
24	amending s. 88.2081, F.S.; revising language relating to
25	child support orders for two or more obligees; amending s.
26	88.2091, F.S.; revising language relating to credit for
27	child support payments; creating s. 88.2101, F.S.;
28	providing for application of the act to a nonresident
29	subject to personal jurisdiction; creating s. 88.2111,
30	F.S.; providing for continuing, exclusive jurisdiction to
31	modify a spousal support order; amending s. 88.3011, F.S.;
32	revising provisions relating to applicability of the act;
33	amending ss. 88.3021 and 88.3031, F.S.; revising
34	terminology; amending s. 88.3041, F.S.; revising
35	provisions relating to duties of an initiating tribunal;
36	amending s. 88.3051, F.S.; revising provisions relating to
37	duties and powers of a responding tribunal; amending s.
38	88.3061, F.S.; revising terminology; amending s. 88.3071,
39	F.S.; revising provisions relating to the duties of a
40	support enforcement agency; amending s. 88.3081, F.S.;
41	providing that the Governor and Cabinet may determine that
42	a foreign country has established a reciprocal arrangement
43	for child support with this state and take appropriate
44	action for notification of the determination; amending s.
45	88.3101, F.S.; revising terminology; amending s. 88.3111,
46	F.S.; revising provisions relating to pleadings and
47	accompanying documents; amending s. 88.3121, F.S.;
48	revising requirements for nondisclosure of certain
49	information; amending ss. 88.3131 and 88.3141, F.S.;
50	revising terminology; amending s. 88.3161, F.S.; revising
51	provisions relating to special rules of evidence and
52	procedure; amending ss. 88.3171 and 88.3181, F.S.;
53	revising terminology; amending s. 88.3191, F.S.; revising
54	provisions relating to receipt and disbursement of
55	payments; amending s. 88.4011, F.S.; revising provisions
56	relating to establishment of a support order; providing a
57	directive to the Division of Statutory Revision; amending
58	s. 88.5011, F.S.; revising provisions relating to an
59	employer's receipt of an income-withholding order from
60	another state; amending ss. 88.50211, 88.5031, 88.5041,
61	and 88.5051, F.S.; revising terminology; amending s.
62	88.5061, F.S.; revising provisions relating to a contest
63	by obligor; amending s. 88.5071, F.S.; revising
64	terminology; providing a directive to the Division of
65	Statutory Revision; amending s. 88.6011, F.S.; revising
66	terminology; amending s. 88.6021, F.S.; revising
67	provisions relating to the procedure to register order for
68	enforcement; amending s. 88.6031, F.S.; revising
69	terminology; amending s. 88.6041, F.S.; revising
70	provisions relating to choice of law; amending s. 88.6051,
71	F.S.; revising provisions relating to notice of
72	registration of order; amending s. 88.6061, F.S.; revising
73	provisions relating to the procedure to contest the
74	validity or enforcement of a registered order; amending s.
75	88.6071, F.S.; revising provisions relating to the
76	contesting of registration or enforcement; amending s.
77	88.6081, F.S.; revising terminology; amending s. 88.6091,
78	F.S.; correcting a cross-reference; amending s. 88.6111,
79	F.S.; revising provisions relating to modification of a
80	child support order of another state; amending s. 88.6121,
81	F.S.; revising provisions relating to recognition of a
82	child support order modified in another state; creating s.
83	88.6151, F.S.; providing for jurisdiction to modify a
84	child support order of a foreign country; creating s.
85	88.6161, F.S.; providing procedures for registration of a
86	child support order of a foreign country for modification;
87	providing a directive to the Division of Statutory
88	Revision; repealing s. 88.7011, F.S., relating to a
89	proceeding to determine parentage; creating s. 88.70111,
90	F.S.; providing definitions relating to a support
91	proceeding under the Convention on the International
92	Recovery of Child Support and Other Forms of Family
93	Maintenance; creating s. 88.7021, F.S.; providing for
94	applicability; creating s. 88.7031, F.S.; specifying the
95	relationship of the Department of Revenue to the United
96	States central authority; creating s. 88.7041, F.S.;
97	providing for initiation by the Department of Revenue of
98	support proceedings subject to the convention; creating s.
99	88.7051, F.S.; providing for direct requests to tribunals;
100	creating s. 88.7061, F.S.; providing for registration of a
101	support order subject to the convention; creating s.
102	88.7071, F.S.; providing for contests of the validity of
103	foreign support orders subject to the convention; creating
104	s. 88.7081, F.S.; providing for the recognition and
105	enforcement of a foreign support order subject to the
106	convention; creating s. 88.7091, F.S.; specifying grounds
107	for the refusal of recognition and enforcement of foreign
108	support order subject to the convention; creating s.
109	88.7101, F.S.; providing requirements for a foreign
110	support agreement subject to the convention; creating s.
111	88.7111, F.S.; providing for the modification of a foreign
112	child support order subject to the convention; creating s.
113	88.7121, F.S.; providing jurisdiction to modify a spousal
114	support order of a foreign country; amending s. 88.8011,
115	F.S.; revising terminology; amending s. 88.9011, F.S.;
116	revising provisions relating to the uniformity of
117	application and construction of the act; amending s.
118	88.9031, F.S.; revising terminology; amending ss. 61.13
119	and 827.06, F.S.; correcting cross-references; directing
120	the Department of Revenue to apply for a waiver; providing
121	a contingent effective date.
122
123	Be It Enacted by the Legislature of the State of Florida:
124
125	Section 1.  Section 88.1011, Florida Statutes, is amended
126	to read:
127	88.1011  Definitions.-As used in this act:
128	(1)  "Child" means an individual, whether over or under the
129	age of majority, who is or is alleged to be owed a duty of
130	support by the individual's parent or who is or is alleged to be
131	the beneficiary of a support order directed to the parent.
132	(2)  "Child support order" means a support order for a
133	child, including a child who has attained the age of majority
134	under the law of the issuing state or foreign country.
135	(3)  "Convention" means the Convention on the International
136	Recovery of Child Support and Other Forms of Family Maintenance,
137	concluded at The Hague on November 23, 2007.
138	(4)(3)  "Duty of support" means an obligation imposed or
139	imposable by law to provide support for a child, spouse, or
140	former spouse, including an unsatisfied obligation to provide
141	support.
142	(5)  "Foreign country" means a country, including a
143	political subdivision thereof, other than the United States,
144	that authorizes the issuance of support orders and:
145	(a)  Which has been declared under the law of the United
146	States to be a foreign reciprocating country;
147	(b)  Which has established a reciprocal arrangement for
148	child support with this state as provided in s. 88.3081;
149	(c)  Which has enacted a law or established procedures for
150	the issuance and enforcement of support orders which are
151	substantially similar to the procedures under this act; or
152	(d)  In which the convention is in force with respect to
153	the United States.
154	(6)  "Foreign support order" means a support order of a
155	foreign tribunal.
156	(7)  "Foreign tribunal" means a court, administrative
157	agency, or quasi-judicial entity of a foreign country which is
158	authorized to establish, enforce, or modify support orders or to
159	determine parentage of a child. The term includes a competent
160	authority under the convention.
161	(8)(4)  "Home state" means the state in which a child lived
162	with a parent or a person acting as parent for at least 6
163	consecutive months immediately preceding the time of filing of a
164	petition or comparable pleading for support and, if a child is
165	less than 6 months old, the state in which the child lived from
166	birth with any of them. A period of temporary absence of any of
167	them is counted as part of the 6-month or other period.
168	(9)(5)  "Income" includes earnings or other periodic
169	entitlements to money from any source and any other property
170	subject to withholding for support under the law of this state.
171	(10)(6)  "Income-withholding order" means an order or other
172	legal process directed to an obligor's employer or other debtor,
173	as defined by the income deduction law of this state, or payor
174	as defined by s. 61.046, to withhold support from the income of
175	the obligor.
176	(7)  "Initiating state" means a state from which a
177	proceeding is forwarded or in which a proceeding is filed for
178	forwarding to a responding state under this act or a law or
179	procedure substantially similar to this act, the Uniform
180	Reciprocal Enforcement of Support Act, or the Revised Uniform
181	Reciprocal Enforcement of Support Act.
182	(11)(8)  "Initiating tribunal" means the authorized
183	tribunal in an initiating state.
184	(12)  "Issuing foreign country" means the foreign country
185	in which a tribunal issues a support order or a judgment
186	determining parentage of a child.
187	(13)(9)  "Issuing state" means the state in which a
188	tribunal issues a support order or renders a judgment
189	determining parentage.
190	(14)(10)  "Issuing tribunal" means the tribunal that issues
191	a support order or renders a judgment determining parentage.
192	(15)(11)  "Law" includes decisional and statutory law and
193	rules and regulations having the force of law.
194	(16)(12)  "Obligee" means:
195	(a)  An individual to whom a duty of support is or is
196	alleged to be owed or in whose favor a support order has been
197	issued or a judgment determining parentage has been issued
198	rendered;
199	(b)  A state or political subdivision to which the rights
200	under a duty of support or support order have been assigned or
201	which has independent claims based on financial assistance
202	provided to an individual obligee; or
203	(c)  An individual seeking a judgment determining parentage
204	of the individual's child; or
205	(d)  A person that is a creditor in a proceeding under part
206	VII of this chapter.
207	(17)(13)  "Obligor" means an individual, or the estate of a
208	decedent that:
209	(a)  Who Owes or is alleged to owe a duty of support;
210	(b)  Who Is alleged but has not been adjudicated to be a
211	parent of a child; or
212	(c)  Who Is liable under a support order.
213	(18)  "Person" means an individual, corporation, business
214	trust, estate, trust, partnership, limited liability company,
215	association, joint venture, public corporation, government, or
216	governmental subdivision, agency, or instrumentality or any
217	other legal or commercial entity.
218	(19)  "Record" means information that is inscribed on a
219	tangible medium or that is stored in an electronic or other
220	medium that is retrievable in perceivable form.
221	(20)(14)  "Register" means to record or file a support
222	order or judgment determining parentage of a child issued in
223	another state or a foreign country in the Registry of Foreign
224	Support Orders of the circuit court, or other appropriate
225	location for the recording or filing of foreign judgments
226	generally or foreign support orders specifically.
227	(21)(15)  "Registering tribunal" means a tribunal in which
228	a support order is registered.
229	(22)(16)  "Responding state" means a state in which a
230	proceeding is filed or to which a proceeding is forwarded for
231	filing from another state or a foreign country an initiating
232	state under this act or a law or procedure substantially similar
233	to this act, the Uniform Reciprocal Enforcement of Support Act,
234	or the Revised Uniform Reciprocal Enforcement of Support Act.
235	(23)(17)  "Responding tribunal" means the authorized
236	tribunal in a responding state.
237	(24)(18)  "Spousal-support order" means a support order for
238	a spouse or former spouse of the obligor.
239	(25)(19)  "State" means a state of the United States, the
240	District of Columbia, Puerto Rico, the United States Virgin
241	Islands, or any territory or insular possession subject to the
242	jurisdiction of the United States. The term includes:
243	(a)  an Indian tribe; and
244	(b)  A foreign jurisdiction that has enacted a law or
245	established procedures for issuance and enforcement of support
246	orders which are substantially similar to the procedures under
247	this act, the Uniform Reciprocal Enforcement of Support Act, or
248	the Revised Uniform Reciprocal Enforcement of Support Act, as
249	determined by the Attorney General.
250	(26)(20)  "Support enforcement agency" means a public
251	official or agency authorized to seek:
252	(a)  Seek enforcement of support orders or laws relating to
253	the duty of support;
254	(b)  Seek establishment or modification of child support;
255	(c)  Request determination of parentage; or
256	(d)  Attempt to locate obligors or their assets; or
257	(e)  Request determination of the controlling child support
258	order.
259	(27)(21)  "Support order" means a judgment, decree, or
260	order, or directive, whether temporary, final, or subject to
261	modification, issued in a state or foreign country for the
262	benefit of a child, a spouse, or a former spouse, which provides
263	for monetary support, health care, arrearages, retroactive
264	support, or reimbursement for financial assistance provided to
265	an individual obligee in place of child support. The term, and
266	may include related costs and fees, interest, income
267	withholding, automatic adjustment, reasonable attorney's fees,
268	and other relief.
269	(28)(22)  "Tribunal" means a court, administrative agency,
270	or quasi-judicial entity authorized to establish, enforce, or
271	modify support orders or to determine parentage.
272	Section 2.  Section 88.1021, Florida Statutes, is amended
273	to read:
274	88.1021  Tribunal of State tribunal and support enforcement
275	agency.-
276	(1)  The circuit court or other appropriate court,
277	administrative agency, quasi-judicial entity, or combination is
278	the tribunal of this state.
279	(2)  The Department of Revenue is the support enforcement
280	agency of this state.
281	Section 3.  Section 88.1031, Florida Statutes, is amended
282	to read:
283	88.1031  Remedies cumulative.-
284	(1)  Remedies provided by this act are cumulative and do
285	not affect the availability of remedies under other law, or the
286	recognition of a foreign support order on the basis of comity.
287	(2)  This act does not:
288	(a)  Provide the exclusive method of establishing or
289	enforcing a support order under the law of this state; or
290	(b)  Grant a tribunal of this state jurisdiction to render
291	judgment or issue an order relating to child custody or
292	visitation in a proceeding under this act.
293	Section 4.  Section 88.1041, Florida Statutes, is created
294	to read:
295	88.1041  Application to resident of foreign country and
296	foreign support proceeding.-
297	(1)  A tribunal of this state shall apply parts I through
298	VI of this chapter, and, as applicable, part VII of this
299	chapter, to a support proceeding involving:
300	(a)  A foreign support order;
301	(b)  A foreign tribunal; or
302	(c)  An obligee, obligor, or child residing in a foreign
303	country.
304	(2)  A tribunal of this state that is requested to
305	recognize and enforce a support order on the basis of comity may
306	apply the procedural and substantive provision of parts I
307	through VI of this chapter.
308	(3)  Part VII of this chapter applies only to a support
309	proceeding under the convention. In such a proceeding, if a
310	provision of part VII of this chapter is inconsistent with parts
311	I through VI of this chapter, part VII of this chapter controls.
312	Section 5.  Section 88.2011, Florida Statutes, is amended
313	to read:
314	88.2011  Bases for jurisdiction over nonresident.-
315	(1)  In a proceeding to establish, enforce, or modify a
316	support order or to determine parentage, a tribunal of this
317	state may exercise personal jurisdiction over a nonresident
318	individual or the individual's guardian or conservator if:
319	(a)(1)  The individual is personally served with citation,
320	summons, or notice within this state;
321	(b)(2)  The individual submits to the jurisdiction of this
322	state by consent, by entering a general appearance, or by filing
323	a responsive document having the effect of waiving any contest
324	to personal jurisdiction;
325	(c)(3)  The individual resided with the child in this
326	state;
327	(d)(4)  The individual resided in this state and provided
328	prenatal expenses or support for the child;
329	(e)(5)  The child resides in this state as a result of the
330	acts or directives of the individual;
331	(f)(6)  The individual engaged in sexual intercourse in
332	this state and the child may have been conceived by that act of
333	intercourse;
334	(g)(7)  The individual asserted parentage in a tribunal or
335	in a putative father registry maintained in this state by the
336	appropriate agency; or
337	(h)(8)  There is any other basis consistent with the
338	constitutions of this state and the United States for the
339	exercise of personal jurisdiction.
340	(2)  The bases of personal jurisdiction set forth in
341	subsection (1) or in any other law of this state may not be used
342	to acquire personal jurisdiction for tribunal of this state to
343	modify a child support order of another state unless the
344	requirements of s. 88.6111 are met, or, in the case of a foreign
345	support order, unless the requirements of s. 88.6151 are met.
346	Section 6.  Section 88.2021, Florida Statutes, is amended
347	to read:
348	88.2021  Duration of personal Procedure when exercising
349	jurisdiction over nonresident.-Personal jurisdiction acquired by
350	a tribunal of this state in a proceeding under this act or other
351	law of this state relating to a support order continues so long
352	as a tribunal of this state has continuing, exclusive
353	jurisdiction to modify its order or continuing jurisdiction to
354	enforce its order as provided by ss. 88.2051, 88.2061, and
355	88.2111 A tribunal of this state exercising personal
356	jurisdiction over a nonresident under s. 88.2011 may apply s.
357	88.3161 (special rules of evidence and procedure) to receive
358	evidence from another state, and s. 88.3181 (assistance with
359	discovery) to obtain discovery through a tribunal of another
360	state. In all other respects, parts III through VII of this
361	chapter do not apply and the tribunal shall apply the procedural
362	and substantive law of this state, including the rules on choice
363	of law other than those established by this act.
364	Section 7.  Section 88.2031, Florida Statutes, is amended
365	to read:
366	88.2031  Initiating and responding tribunal of state.-Under
367	this act, a tribunal of this state may serve as an initiating
368	tribunal to forward proceedings to another state and as a
369	responding tribunal for proceedings initiated in another state
370	or a foreign country.
371	Section 8.  Section 88.2041, Florida Statutes, is amended
372	to read:
373	88.2041  Simultaneous proceedings in another state.-
374	(1)  A tribunal of this state may exercise jurisdiction to
375	establish a support order if the petition or comparable pleading
376	is filed after a petition or comparable pleading is filed in
377	another state or a foreign country only if:
378	(a)  The petition or comparable pleading in this state is
379	filed before the expiration of the time allowed in the other
380	state or the foreign country for filing a responsive pleading
381	challenging the exercise of jurisdiction by the other state or
382	the foreign country;
383	(b)  The contesting party timely challenges the exercise of
384	jurisdiction in the other state or the foreign country; and
385	(c)  If relevant, this state is the home state of the
386	child.
387	(2)  A tribunal of this state may not exercise jurisdiction
388	to establish a support order if the petition or comparable
389	pleading is filed before a petition or comparable pleading is
390	filed in another state or a foreign country if:
391	(a)  The petition or comparable pleading in the other state
392	or the foreign country is filed before the expiration of the
393	time allowed in this state for filing a responsive pleading
394	challenging the exercise of jurisdiction by this state;
395	(b)  The contesting party timely challenges the exercise of
396	jurisdiction in this state; and
397	(c)  If relevant, the other state or the foreign country is
398	the home state of the child.
399	Section 9.  Section 88.2051, Florida Statutes, is amended
400	to read:
401	88.2051  Continuing exclusive jurisdiction.-
402	(1)  A tribunal of this state has issued issuing a support
403	order consistent with the law of this state has and shall
404	exercise continuing exclusive jurisdiction to modify over a
405	child support order if the order is the controlling order and:
406	(a)  At the time of the filing of a request for
407	modification, As long as this state is remains the residence of
408	the obligor, the individual obligee, or the child for whose
409	benefit the support order is issued; or
410	(b)  Even if this state is not the residence of the
411	obligor, the individual obligee, or the child for whose benefit
412	the support order is issued, the parties consent in a record or
413	in open court that the tribunal of this state may continue to
414	exercise jurisdiction to modify its order Until all of the
415	parties who are individuals have filed written consents with the
416	tribunal of this state for a tribunal of another state to modify
417	the order and assume continuing exclusive jurisdiction.
418	(2)  A tribunal of this state that has issued issuing a
419	child support order consistent with the law of this state may
420	not exercise its continuing, exclusive jurisdiction to modify
421	the order if: the order has been modified by a tribunal of
422	another state pursuant to this act or a law substantially
423	similar to this act.
424	(a)  All of the parties who are individuals file consent in
425	a record with the tribunal of this state that a tribunal of
426	another state that has jurisdiction over at least one of the
427	parties who is an individual or that is located in the state of
428	residence of the child may modify the order and assume
429	continuing, exclusive jurisdiction; or
430	(b)  Its order is not the controlling order.
431	(3)  If a child support order of this state is modified by
432	a tribunal of another state pursuant to this act or a law
433	substantially similar to this act, a tribunal of this state
434	loses its continuing exclusive jurisdiction with regard to
435	prospective enforcement of the order issued in this state, and
436	may only:
437	(a)  Enforce the order that was modified as to amounts
438	accruing before the modification;
439	(b)  Enforce nonmodifiable aspects of that order; and
440	(c)  Provide other appropriate relief for violations of
441	that order which occurred before the effective date of the
442	modification.
443	(3)(4)  If a tribunal of this state shall recognize the
444	continuing exclusive jurisdiction of a tribunal of another state
445	which has issued a child support order pursuant to this act or a
446	law substantially similar to this act which modifies a child
447	support order of a tribunal of this state, tribunals of this
448	state shall recognize the continuing, exclusive jurisdiction of
449	the tribunal of the other state.
450	(4)  A tribunal of this state that lacks continuing,
451	exclusive jurisdiction to modify a child support order may serve
452	as an initiating tribunal to request a tribunal of another state
453	to modify a support order issued in that state.
454	(5)  A temporary support order issued ex parte or pending
455	resolution of a jurisdictional conflict does not create
456	continuing exclusive jurisdiction in the issuing tribunal.
457	(6)  A tribunal of this state issuing a support order
458	consistent with the law of this state has continuing exclusive
459	jurisdiction over a spousal support order throughout the
460	existence of the support obligation. A tribunal of this state
461	may not modify a spousal support order issued by a tribunal of
462	another state having continuing exclusive jurisdiction over that
463	order under the law of that state.
464	Section 10.  Section 88.2061, Florida Statutes, is amended
465	to read:
466	88.2061  Enforcement and modification of support order by
467	tribunal having Continuing jurisdiction to enforce child support
468	order.-
469	(1)  A tribunal of this state that has issued a child
470	support order consistent with the law of this state may serve as
471	an initiating tribunal to request a tribunal of another state to
472	enforce: or modify a support order issued in that state.
473	(a)  The order if the order is the controlling order and
474	has not been modified by a tribunal of another state that
475	assumed jurisdiction pursuant to the Uniform Interstate Family
476	Support Act; or
477	(b)  A money judgment for arrears of support and interest
478	on the order accrued before a determination that an order of a
479	tribunal of another state is the controlling order.
480	(2)  A tribunal of this state having continuing exclusive
481	jurisdiction over a support order may act as a responding
482	tribunal to enforce or modify the order. If a party subject to
483	the continuing exclusive jurisdiction of the tribunal no longer
484	resides in the issuing state, in subsequent proceedings the
485	tribunal may apply s. 88.3161 (special rules of evidence and
486	procedure) to receive evidence from another state and s. 88.3181
487	(assistance with discovery) to obtain discovery through a
488	tribunal of another state.
489	(3)  A tribunal of this state which lacks continuing
490	exclusive jurisdiction over a spousal support order may not
491	serve as a responding tribunal to modify a spousal support order
492	of another state.
493	Section 11.  Section 88.2071, Florida Statutes, is amended
494	to read:
495	88.2071  Determination Recognition of controlling child
496	support order.-
497	(1)  If a proceeding is brought under this act and only one
498	tribunal has issued a child support order, the order of that
499	tribunal controls and must be so recognized.
500	(2)  If a proceeding is brought under this act, and two or
501	more child support orders have been issued by tribunals of this
502	state, or another state, or a foreign country with regard to the
503	same obligor and the same child, a tribunal of this state having
504	personal jurisdiction over both the obligor and individual
505	obligee shall apply the following rules and by order shall
506	determine in determining which order controls to recognize for
507	purposes of continuing, exclusive jurisdiction:
508	(a)  If only one of the tribunals would have continuing,
509	exclusive jurisdiction under this act, the order of that
510	tribunal controls and must be so recognized.
511	(b)1.  If more than one of the tribunals would have
512	continuing, exclusive jurisdiction under this act, an order
513	issued by a tribunal in the current home state of the child
514	controls; and must be so recognized, but
515	2.  If an order has not been issued in the current home
516	state of the child, the order most recently issued controls and
517	must be so recognized.
518	(c)  If none of the tribunals would have continuing,
519	exclusive jurisdiction under this act, the tribunal of this
520	state having jurisdiction over the parties shall issue a child
521	support order, which controls and must be so recognized.
522	(3)  If two or more child support orders have been issued
523	for the same obligor and the same child, upon request of a and
524	if the obligor or the individual obligee resides in this state,
525	a party who is an individual or a support enforcement agency,
526	may request a tribunal of this state having personal
527	jurisdiction over both the obligor and the obligee who is an
528	individual shall to determine which order controls and must be
529	so recognized under subsection (2). The request may be filed
530	with a registration for enforcement or registration for
531	modification pursuant to part VI of this chapter, or may be
532	filed as a separate proceeding must be accompanied by a
533	certified copy of every support order in effect. The requesting
534	party shall give notice of the request to each party whose
535	rights may be affected by the determination.
536	(4)  A request to determine which is the controlling order
537	must be accompanied by a copy of every child support order in
538	effect and the applicable record of payments. The requesting
539	party shall give notice of the request to each party whose
540	rights may be affected by the determination.
541	(5)(4)  The tribunal that issued the controlling order
542	under subsection (1), subsection (2), or subsection (3) is the
543	tribunal that has continuing, exclusive jurisdiction to the
544	extent provided in ss. under s. 88.2051 and 88.2061.
545	(6)(5)  A tribunal of this state that which determines by
546	order which is the identity of the controlling order under
547	paragraph (2)(a), or paragraph (2)(b), or subsection (3) or that
548	which issues a new controlling order under paragraph (2)(c)
549	shall state in that order:
550	(a)  The basis upon which the tribunal made its
551	determination.
552	(b)  The amount of prospective support, if any.
553	(c)  The total amount of consolidated arrears and accrued
554	interest, if any, under all of the orders after all payments
555	made are credited as provided by s. 88.2091.
556	(7)(6)  Within 30 days after issuance of an order
557	determining which is the identity of the controlling order, the
558	party obtaining the order shall file a certified copy of it in
559	with each tribunal that issued or registered an earlier order of
560	child support. A party or support enforcement agency obtaining
561	who obtains the order that and fails to file a certified copy is
562	subject to appropriate sanctions by a tribunal in which the
563	issue of failure to file arises. The failure to file does not
564	affect the validity or enforceability of the controlling order.
565	(8)  An order that has been determined to be the
566	controlling order, or a judgment for consolidated arrears of
567	support and interest, if any, made pursuant to this section must
568	be recognized in proceedings under this act.
569	Section 12.  Section 88.2081, Florida Statutes, is amended
570	to read:
571	88.2081  Multiple Child support orders for two or more
572	obligees.-In responding to multiple registrations, petitions, or
573	comparable pleadings for enforcement of two or more child
574	support orders in effect at the same time with regard to the
575	same obligor and different individual obligees, at least one of
576	which was issued by a tribunal of another state or a foreign
577	country, a tribunal of this state shall enforce those orders in
578	the same manner as if the multiple orders had been issued by a
579	tribunal of this state.
580	Section 13.  Section 88.2091, Florida Statutes, is amended
581	to read:
582	88.2091  Credit for payments.-A tribunal of this state
583	shall credit amounts collected and credited for a particular
584	period pursuant to any child support order against the amounts
585	owed for the same period under any other child support order for
586	support of the same child a support order issued by a tribunal
587	of another state must be credited against the amounts accruing
588	or accrued for the same period under a support order issued by
589	the tribunal of this state, another state, or a foreign country.
590	Section 14.  Section 88.2101, Florida Statutes, is created
591	to read:
592	88.2101  Application of act to nonresident subject to
593	personal jurisdiction.-A tribunal of this state exercising
594	personal jurisdiction over a nonresident in a proceeding under
595	this act, under another law of this state relating to a support
596	order, or recognizing a foreign support order may receive
597	evidence from outside this state pursuant to s. 88.3161,
598	communicate with a tribunal outside this state pursuant to s.
599	88.3171, and obtain discovery through a tribunal outside this
600	state pursuant to s. 88.3181. In all other respects, parts III
601	through VI of this chapter do not apply, and the tribunal shall
602	apply the procedural and substantive law of this state.
603	Section 15.  Section 88.2111, Florida Statutes, is created
604	to read:
605	88.2111  Continuing, exclusive jurisdiction to modify
606	spousal support order.-
607	(1)  A tribunal of this state issuing a spousal support
608	order consistent with the law of this state has continuing,
609	exclusive jurisdiction to modify the spousal support order
610	throughout the existence of the obligation.
611	(2)  A tribunal of this state may not modify a spousal
612	support order issued by a tribunal of another state or foreign
613	country having continuing, exclusive jurisdiction over that
614	order under the law of that state or foreign country.
615	(3)  A tribunal of this state that has continuing,
616	exclusive jurisdiction over a spousal support order may serve
617	as:
618	(a)  An initiating tribunal to request a tribunal of
619	another state to enforce the spousal support order issued in
620	this state; or
621	(b)  A responding tribunal to enforce or modify its own
622	spousal support order.
623	Section 16.  Section 88.3011, Florida Statutes, is amended
624	to read:
625	88.3011  Proceedings under this act.-
626	(1)  Except as otherwise provided in this act, this part
627	article applies to all proceedings under this act.
628	(2)  This act provides for the following proceedings:
629	(a)  Establishment of an order for spousal support or child
630	support pursuant to part IV;
631	(b)  Enforcement of a support order and income-withholding
632	order of another state without registration pursuant to part V;
633	(c)  Registration of an order for spousal support or child
634	support of another state for enforcement pursuant to part VI;
635	(d)  Modification of an order for child support or spousal
636	support issued by a tribunal of this state pursuant to ss.
637	88.2031-88.2061;
638	(e)  Registration of an order for child support of another
639	state for modification pursuant to part VI;
640	(f)  Determination of parentage pursuant to part VII; and
641	(g)  Assertion of jurisdiction over nonresidents pursuant
642	to ss. 88.2011-88.2021.
643	(2)(3)  An individual petitioner or a support enforcement
644	agency may initiate commence a proceeding authorized under this
645	act by filing a petition or a comparable pleading in an
646	initiating tribunal for forwarding to a responding tribunal or
647	by filing a petition or a comparable pleading directly in a
648	tribunal of another state or a foreign country which has or can
649	obtain personal jurisdiction over the respondent.
650	Section 17.  Section 88.3021, Florida Statutes, is amended
651	to read:
652	88.3021  Proceeding Action by minor parent.-A minor parent,
653	or a guardian or other legal representative of a minor parent,
654	may maintain a proceeding on behalf of or for the benefit of the
655	minor's child.
656	Section 18.  Section 88.3031, Florida Statutes, is amended
657	to read:
658	88.3031  Application of law of state.-Except as otherwise
659	provided in by this act, a responding tribunal of this state
660	shall:
661	(1)  Shall Apply the procedural and substantive law,
662	including the rules on choice of law, generally applicable to
663	similar proceedings originating in this state and may exercise
664	all powers and provide all remedies available in those
665	proceedings; and
666	(2)  Shall Determine the duty of support and the amount
667	payable in accordance with the law and support guidelines of
668	this state.
669	Section 19.  Section 88.3041, Florida Statutes, is amended
670	to read:
671	88.3041  Duties of initiating tribunal.-
672	(1)  Upon the filing of a petition or comparable pleading
673	authorized by this act, an initiating tribunal of this state
674	shall forward three copies of the petition and its accompanying
675	documents or a comparable pleading and its accompanying
676	documents:
677	(a)  To the responding tribunal or appropriate support
678	enforcement agency in the responding state; or
679	(b)  If the identity of the responding tribunal is unknown,
680	to the state information agency of the responding state with a
681	request that they be forwarded to the appropriate tribunal and
682	that receipt be acknowledged.
683	(2)  If requested by the responding tribunal a responding
684	state has not enacted this act or a law or procedure
685	substantially similar to this act, a tribunal of this state
686	shall may issue a certificate or other document and make
687	findings required by the law of the responding state. If the
688	responding tribunal state is in a foreign country jurisdiction,
689	upon request the tribunal of this state shall may specify the
690	amount of support sought, convert that amount into the
691	equivalent amount in the foreign currency under applicable
692	official or market exchange rate as publicly reported, and
693	provide any other documents necessary to satisfy the
694	requirements of the responding foreign tribunal state.
695	Section 20.  Section 88.3051, Florida Statutes, is amended
696	to read:
697	88.3051  Duties and powers of responding tribunal.-
698	(1)  When a responding tribunal of this state receives a
699	petition or comparable pleading from an initiating tribunal or
700	directly pursuant to s. 88.3011(2)(3), it shall cause the
701	petition or comparable pleading to be filed and notify the
702	petitioner where and when it was filed.
703	(2)  A responding tribunal of this state, to the extent not
704	prohibited otherwise authorized by other law, may do one or more
705	of the following:
706	(a)  Establish Issue or enforce a support order, modify a
707	child support order, determine the controlling child support
708	order, or render a judgment to determine parentage of a child.
709	(b)  Order an obligor to comply with a support order,
710	specifying the amount and the manner of compliance.
711	(c)  Order income withholding.
712	(d)  Determine the amount of any arrearages, and specify a
713	method of payment.
714	(e)  Enforce orders by civil or criminal contempt, or both.
715	(f)  Set aside property for satisfaction of the support
716	order.
717	(g)  Place liens and order execution on the obligor's
718	property.
719	(h)  Order an obligor to keep the tribunal informed of the
720	obligor's current residential address, telephone number,
721	employer, address of employment, and telephone number at the
722	place of employment.
723	(i)  Issue a bench warrant, capias, or writ of bodily
724	attachment for an obligor who has failed after proper notice to
725	appear at a hearing ordered by the tribunal and enter the bench
726	warrant, capias, or writ of bodily attachment in any local and
727	state computer systems for criminal warrants.
728	(j)  Order the obligor to seek appropriate employment by
729	specified methods.
730	(k)  Award reasonable attorney's fees and other fees and
731	costs.
732	(l)  Grant any other available remedy.
733	(3)  A responding tribunal of this state shall include in a
734	support order issued under this act, or in the documents
735	accompanying the order, the calculations on which the support
736	order is based.
737	(4)  A responding tribunal of this state may not condition
738	the payment of a support order issued under this act upon
739	compliance by a party with provisions for visitation.
740	(5)  If a responding tribunal of this state issues an order
741	under this act, the tribunal shall send a copy of the order to
742	the petitioner and the respondent and to the initiating
743	tribunal, if any.
744	(6)  If requested to enforce a support order, arrears, or
745	judgment, or modify a support order stated in a foreign
746	currency, a responding tribunal of this state shall convert the
747	amount stated in the foreign currency to the equivalent amount
748	in dollars under the applicable official or market exchange rate
749	as publicly reported.
750	Section 21.  Section 88.3061, Florida Statutes, is amended
751	to read:
752	88.3061  Inappropriate tribunal.-If a petition or
753	comparable pleading is received by an inappropriate tribunal of
754	this state, the tribunal it shall forward the pleading and
755	accompanying documents to an appropriate tribunal of in this
756	state or another state and notify the petitioner where and when
757	the pleading was sent.
758	Section 22.  Section 88.3071, Florida Statutes, is amended
759	to read:
760	88.3071  Duties of support enforcement agency.-
761	(1)  In a proceeding under this act, a support enforcement
762	agency of this state, upon request:
763	(a)  Shall provide services to a petitioner residing in a
764	state;
765	(b)  Shall provide services to a petitioner requesting
766	services through a central authority of a foreign country as
767	described in s. 88.1011(5)(a) or s. 88.1011(5)(d); and
768	(c)  May provide services to a petitioner who is an
769	individual not residing in a state A support enforcement agency
770	of this state, upon request, shall provide services to a
771	petitioner in a proceeding under this act.
772	(2)  A support enforcement agency that is providing
773	services to the petitioner as appropriate shall:
774	(a)  Take all steps necessary to enable an appropriate
775	tribunal in this state, or another state, or a foreign country
776	to obtain jurisdiction over the respondent.
777	(b)  Request an appropriate tribunal to set a date, time,
778	and place for a hearing.
779	(c)  Make a reasonable effort to obtain all relevant
780	information, including information as to income and property of
781	the parties.
782	(d)  Within 10 days, exclusive of Saturdays, Sundays, and
783	legal holidays, after receipt of a written notice from an
784	initiating, responding, or registering tribunal, send a copy of
785	the notice to the petitioner.
786	(e)  Within 10 days, exclusive of Saturdays, Sundays, and
787	legal holidays, after receipt of a written communication from
788	the respondent or the respondent's attorney, send a copy of the
789	communication to the petitioner.
790	(f)  Notify the petitioner if jurisdiction over the
791	respondent cannot be obtained.
792	(3)  A support enforcement agency of this state that
793	requests registration of a child support order in this state for
794	enforcement or for modification shall make reasonable efforts:
795	(a)  To ensure that the order to be registered is the
796	controlling order; or
797	(b)  If two or more child support orders exist and the
798	identity of the controlling order has not been determined, to
799	ensure that a request for such a determination is made in a
800	tribunal having jurisdiction to do so.
801	(4)  A support enforcement agency of this state that
802	requests registration and enforcement of a support order,
803	arrears, or judgment stated in a foreign currency shall convert
804	the amounts stated in the foreign currency into the equivalent
805	amounts in dollars under the applicable official or market
806	exchange rate as publicly reported.
807	(5)  A support enforcement agency of this state shall issue
808	or request a tribunal of this state to issue a child support
809	order and an income-withholding order that redirect payment of
810	current support, arrears, and interest if requested to do so by
811	a support enforcement agency of another state pursuant to s.
812	88.3191.
813	(6)(3)  This act does not create or negate a relationship
814	of attorney and client or other fiduciary relationship between a
815	support enforcement agency or the attorney for the agency and
816	the individual being assisted by the agency.
817	Section 23.  Section 88.3081, Florida Statutes, is amended
818	to read:
819	88.3081  Duty of Governor and Cabinet.-
820	(1)  If the Governor and Cabinet determine that the support
821	enforcement agency is neglecting or refusing to provide services
822	to an individual, the Governor and Cabinet may order the agency
823	to perform its duties under this act or may provide those
824	services directly to the individual.
825	(2)  The Governor and Cabinet may determine that a foreign
826	country has established a reciprocal arrangement for child
827	support with this state and take appropriate action for
828	notification of the determination.
829	Section 24.  Paragraph (c) of subsection (2) of section
830	88.3101, Florida Statutes, is amended to read:
831	88.3101  Duties of state information agency.-
832	(2)  The state information agency shall:
833	(c)  Forward to the appropriate tribunal in the place in
834	this state in which the individual obligee who is an individual
835	or the obligor resides, or in which the obligor's property is
836	believed to be located, all documents concerning a proceeding
837	under this act received from another state or a foreign country
838	an initiating tribunal or the state information agency of the
839	initiating state.
840	Section 25.  Subsection (1) of section 88.3111, Florida
841	Statutes, is amended to read:
842	88.3111  Pleadings and accompanying documents.-
843	(1)  In a proceeding under this act, a petitioner seeking
844	to establish or modify a support order, or to determine
845	parentage of a child, or to register and modify a support order
846	of a tribunal of another state or a foreign country in a
847	proceeding under this act must file a verify the petition or
848	comparable pleading. Unless otherwise ordered under s. 88.3121
849	(nondisclosure of information in exceptional circumstances), the
850	petition or comparable pleading or the documents accompanying
851	either the petition or comparable pleading must provide, so far
852	as known, the name, residential address, and social security
853	numbers of the obligor and the obligee or the parent and alleged
854	parent, and the name, sex, residential address, social security
855	number, and date of birth of each child for whose benefit whom
856	support is sought or whose parentage is to be determined. Unless
857	filed at the time of registration, the petition must be
858	accompanied by a certified copy of any support order known to
859	have been issued by another tribunal in effect. The petition may
860	include any other information that may assist in locating or
861	identifying the respondent.
862	Section 26.  Section 88.3121, Florida Statutes, is amended
863	to read:
864	88.3121  Nondisclosure of information in exceptional
865	circumstances.-If a party alleges in an affidavit or a pleading
866	under oath that the health, safety, or liberty of a party or
867	child would be jeopardized by disclosure of specific identifying
868	information, that information must be sealed and may not be
869	disclosed to the other party or the public. After a hearing in
870	which a tribunal takes into consideration the health, safety, or
871	liberty of the party or child, the tribunal may order disclosure
872	of information that the tribunal determines to be in the
873	interest of justice Upon a finding, which may be made ex parte,
874	that the health, safety, or liberty of a party or child would be
875	unreasonably put at risk by the disclosure of identifying
876	information, or if an existing order so provides, a tribunal
877	shall order that the address of the child or party or other
878	identifying information not be disclosed in a pleading or other
879	document filed in a proceeding under this act.
880	Section 27.  Subsection (2) of section 88.3131, Florida
881	Statutes, is amended to read:
882	88.3131  Costs and fees.-
883	(2)  If an obligee prevails, a responding tribunal of this
884	state may assess against an obligor filing fees, reasonable
885	attorney's fees, other costs, and necessary travel and other
886	reasonable expenses incurred by the obligee and the obligee's
887	witnesses. The tribunal may not assess fees, costs, or expenses
888	against the obligee or the support enforcement agency of either
889	the initiating or the responding state or foreign country,
890	except as provided by other law. Attorney's fees may be taxed as
891	costs, and may be ordered paid directly to the attorney, who may
892	enforce the order in the attorney's own name. Payment of support
893	owed to the obligee has priority over fees, costs, and expenses.
894	Section 28.  Subsections (1) and (3) of section 88.3141,
895	Florida Statutes, are amended to read:
896	88.3141  Limited immunity of petitioner.-
897	(1)  Participation by a petitioner in a proceeding under
898	this act before a responding tribunal, whether in person, by
899	private attorney, or through services provided by the support
900	enforcement agency, does not confer personal jurisdiction over
901	the petitioner in another proceeding.
902	(3)  The immunity granted by this section does not extend
903	to civil litigation based on acts unrelated to a proceeding
904	under this act committed by a party while physically present in
905	this state to participate in the proceeding.
906	Section 29.  Section 88.3161, Florida Statutes, is amended
907	to read:
908	88.3161  Special rules of evidence and procedure.-
909	(1)  The physical presence of a nonresident party who is an
910	individual the petitioner in a responding tribunal of this state
911	is not required for the establishment, enforcement, or
912	modification of a support order or the rendition of a judgment
913	determining parentage of a child.
914	(2)  An A verified petition or other comparable pleading,
915	affidavit, a document substantially complying with federally
916	mandated forms, or and a document incorporated by reference in
917	any of them, which would not be excluded under the hearsay rule
918	if given in person, is admissible in evidence if given under
919	penalty of perjury oath by a party or witness residing outside
920	this in another state.
921	(3)  A copy of the record of child support payments
922	certified as a true copy of the original by the custodian of the
923	record may be forwarded to a responding tribunal. The copy is
924	evidence of facts asserted in it, and is admissible to show
925	whether payments were made.
926	(4)  Copies of bills for testing for parentage of a child,
927	and for prenatal and postnatal health care of the mother and
928	child, furnished to the adverse party at least 10 days before
929	trial, are admissible in evidence to prove the amount of the
930	charges billed and that the charges were reasonable, necessary,
931	and customary.
932	(5)  Documentary evidence transmitted from outside this
933	another state to a tribunal of this state by telephone,
934	telecopier, or other electronic means that do not provide an
935	original record writing may not be excluded from evidence on an
936	objection based on the means of transmission.
937	(6)  In a proceeding under this act, a tribunal of this
938	state shall may permit a party or witness residing outside this
939	in another state to be deposed or to testify by telephone,
940	audiovisual means, or other electronic means at a designated
941	tribunal or other location in that state. A tribunal of this
942	state shall cooperate with other tribunals of other states in
943	designating an appropriate location for the deposition or
944	testimony.
945	(7)  If a party called to testify at a civil hearing
946	refuses to answer on the ground that the testimony may be self-
947	incriminating, the trier of fact may draw an adverse inference
948	from the refusal.
949	(8)  A privilege against disclosure of communications
950	between spouses does not apply in a proceeding under this act.
951	(9)  The defense of immunity based on the relationship of
952	husband and wife or parent and child does not apply in a
953	proceeding under this act.
954	(10)  A voluntary acknowledgment of paternity, certified as
955	a true copy, is admissible to establish parentage of a child.
956	Section 30.  Section 88.3171, Florida Statutes, is amended
957	to read:
958	88.3171  Communications between tribunals.-A tribunal of
959	this state may communicate with a tribunal outside this of
960	another state in a record writing, or by telephone, electronic
961	mail, or other means, to obtain information concerning the laws
962	of that state, the legal effect of a judgment, decree, or order
963	of that tribunal, and the status of a proceeding in the other
964	state. A tribunal of this state may furnish similar information
965	by similar means to a tribunal outside this of another state.
966	Section 31.  Section 88.3181, Florida Statutes, is amended
967	to read:
968	88.3181  Assistance with discovery.-A tribunal of this
969	state may:
970	(1)  Request a tribunal outside this of another state to
971	assist in obtaining discovery.
972	(2)  Upon request, compel a person over which whom it has
973	jurisdiction to respond to a discovery order issued by a
974	tribunal outside this of another state.
975	Section 32.  Section 88.3191, Florida Statutes, is amended
976	to read:
977	88.3191  Receipt and disbursement of payments.-
978	(1)  A support enforcement agency or tribunal of this state
979	shall disburse promptly any amounts received pursuant to a
980	support order, as directed by the order. The agency or tribunal
981	shall furnish to a requesting party or tribunal of another state
982	or a foreign country a certified statement by the custodian of
983	the record of the amounts and dates of all payments received.
984	(2)  If neither the obligor, nor the obligee who is an
985	individual, nor the child resides in this state, upon request
986	from the support enforcement agency of this state or another
987	state, the support enforcement agency of this state or a
988	tribunal of this state shall:
989	(a)  Direct that the support payment be made to the support
990	enforcement agency in the state in which the obligee is
991	receiving services; and
992	(b)  Issue and send to the obligor's employer a conforming
993	income-withholding order or an administrative notice of change
994	of payee, reflecting the redirected payments.
995	(3)  The support enforcement agency of this state receiving
996	redirected payments from another state pursuant to a law similar
997	to subsection (2) shall furnish to a requesting party or
998	tribunal of the other state a certified statement by the
999	custodian of the record of the amount and dates of all payments
1000	received.
1001	Section 33.  Section 88.4011, Florida Statutes, is amended
1002	to read:
1003	88.4011  Establishment of Petition to establish support
1004	order.-
1005	(1)  If a support order entitled to recognition under this
1006	act has not been issued, a responding tribunal of this state
1007	with personal jurisdiction over the parties may issue a support
1008	order if:
1009	(a)  The individual seeking the order resides in another
1010	state; or
1011	(b)  The support enforcement agency seeking the order is
1012	located in another state.
1013	(2)  The tribunal may issue a temporary child support order
1014	if the tribunal determines that such an order is appropriate and
1015	the individual ordered to pay is:
1016	(a)  A presumed father of the child;
1017	(b)  Petitioning to have his paternity adjudicated;
1018	(c)  Identified as the father of the child through genetic
1019	testing;
1020	(d)  An alleged father who has declined to submit to
1021	genetic testing;
1022	(e)  Shown by clear and convincing evidence to be the
1023	father of the child;
1024	(f)  An acknowledged father as provided in s. 382.013, s.
1025	382.016, or s. 742.10;
1026	(g)  The mother of the child; or
1027	(h)  An individual who has been ordered to pay child
1028	support in a previous proceeding and the order has not been
1029	reversed or vacated
1030	(a)  The respondent has signed a verified statement
1031	acknowledging parentage;
1032	(b)  The respondent has been determined by or pursuant to
1033	law to be the parent; or
1034	(c)  There is other clear and convincing evidence that the
1035	respondent is the child's parent.
1036	(3)  Upon finding, after notice and opportunity to be
1037	heard, that an obligor owes a duty of support, the tribunal
1038	shall issue a support order directed to the obligor and may
1039	issue other orders pursuant to s. 88.3051.
1040	Section 34.  The Division of Statutory Revision is directed
1041	to redesignate part V of chapter 88, Florida Statutes, as
1042	"ENFORCEMENT OF SUPPORT ORDER OF ANOTHER STATE WITHOUT
1043	REGISTRATION."
1044	Section 35.  Section 88.5011, Florida Statutes, is amended
1045	to read:
1046	88.5011  Employer's receipt of income-withholding order of
1047	another state.-An income-withholding order issued in another
1048	state may be sent by or on behalf of the obligee, or by the
1049	support enforcement agency, to the person or entity defined as
1050	the obligor's employer under the income deduction law of this
1051	state or payor as defined by s. 61.046, without first filing a
1052	petition or comparable pleading or registering the order with a
1053	tribunal of this state.
1054	Section 36.  Paragraph (b) of subsection (3) of section
1055	88.50211, Florida Statutes, is amended to read:
1056	88.50211  Employer's compliance with income-withholding
1057	order of another state.-
1058	(3)  Except as otherwise provided by subsection (4) and s.
1059	88.5031, the employer shall withhold and distribute the funds as
1060	directed in the withholding order by complying with the terms of
1061	the order which specify:
1062	(b)  The person or agency designated to receive payments
1063	and the address to which the payments are to be forwarded;
1064	Section 37.  Section 88.5031, Florida Statutes, is amended
1065	to read:
1066	88.5031  Employer's compliance with two or more multiple
1067	income-withholding orders.-If the obligor's employer receives
1068	two or more multiple income-withholding orders with respect to
1069	the earnings of the same obligor, the employer satisfies the
1070	terms of the multiple orders if the employer complies with the
1071	law of the state of the obligor's principal place of employment
1072	to establish the priorities for withholding and allocating
1073	income withheld for two or more multiple child support obligees.
1074	Section 38.  Section 88.5041, Florida Statutes, is amended
1075	to read:
1076	88.5041  Immunity from civil liability.-An employer that
1077	who complies with an income-withholding order issued in another
1078	state in accordance with this article is not subject to civil
1079	liability to an individual or agency with regard to the
1080	employer's withholding of child support from the obligor's
1081	income.
1082	Section 39.  Section 88.5051, Florida Statutes, is amended
1083	to read:
1084	88.5051  Penalties for noncompliance.-An employer that who
1085	willfully fails to comply with an income-withholding order
1086	issued by another state and received for enforcement is subject
1087	to the same penalties that may be imposed for noncompliance with
1088	an order issued by a tribunal of this state.
1089	Section 40.  Section 88.5061, Florida Statutes, is amended
1090	to read:
1091	88.5061  Contest by obligor.-
1092	(1)  An obligor may contest the validity or enforcement of
1093	an income-withholding order issued in another state and received
1094	directly by an employer in this state by registering the order
1095	in a tribunal of this state and filing a contest to that order
1096	as provided in part VI of this chapter, or otherwise contesting
1097	the order in the same manner as if the order had been issued by
1098	a tribunal of this state. Section 88.6041, choice of law,
1099	applies to the contest.
1100	(2)  The obligor shall give notice of the contest to:
1101	(a)  A support enforcement agency providing services to the
1102	obligee;
1103	(b)  Each employer that has directly received an income-
1104	withholding order relating to the obligor; and
1105	(c)  The person or agency designated to receive payments in
1106	the income-withholding order, or if no person or agency is
1107	designated, to the obligee.
1108	Section 41.  Subsection (1) of section 88.5071, Florida
1109	Statutes, is amended to read:
1110	88.5071  Administrative enforcement of orders.-
1111	(1)  A party or support enforcement agency seeking to
1112	enforce a support order or an income-withholding order, or both,
1113	issued in by a tribunal of another state or a foreign support
1114	order may send the documents required for registering the order
1115	to a support enforcement agency of this state.
1116	Section 42.  (1)  The Division of Statutory Revision is
1117	directed to redesignate part VI of chapter 88, Florida Statutes,
1118	as "REGISTRATION, ENFORCEMENT, AND MODIFICATION OF SUPPORT
1119	ORDER."
1120	(2)  The Division of Statutory Revision is directed to
1121	divide part VI of chapter 88, Florida Statutes, into subpart A,
1122	consisting of ss. 88.6011-88.6041, Florida Statutes, to be
1123	entitled "Registration and Enforcement of Support Order;"
1124	subpart B, consisting of ss. 88.6051-88.6081, Florida Statutes,
1125	to be entitled "Contest of Validity or Enforcement;" subpart C,
1126	consisting of ss. 88.6091-88.6141, Florida Statutes, to be
1127	entitled "Registration and Modification of Child Support Order
1128	of Another State;" and subpart D, consisting of ss. 88.6151 and
1129	88.6161, Florida Statutes, to be entitled "Registration and
1130	Modification of Foreign Child Support Order."
1131	Section 43.  Section 88.6011, Florida Statutes, is amended
1132	to read:
1133	88.6011  Registration of order for enforcement.-A support
1134	order or an income-withholding order issued in by a tribunal of
1135	another state or a foreign support order may be registered in
1136	this state for enforcement.
1137	Section 44.  Section 88.6021, Florida Statutes, is amended
1138	to read:
1139	88.6021  Procedure to register order for enforcement.-
1140	(1)  Except as otherwise provided in s. 88.7061, a support
1141	order or income-withholding order of another state or a foreign
1142	support order may be registered in this state by sending the
1143	following records documents and information to the appropriate
1144	tribunal in this state:
1145	(a)  A letter of transmittal to the tribunal requesting
1146	registration and enforcement.
1147	(b)  Two copies, including one certified copy, of the order
1148	all orders to be registered, including any modification of the
1149	an order.
1150	(c)  A sworn statement by the person requesting party
1151	seeking registration or a certified statement by the custodian
1152	of the records showing the amount of any arrearage.
1153	(d)  The name of the obligor and, if known:
1154	1.  The obligor's address and social security number.
1155	2.  The name and address of the obligor's employer and any
1156	other source of income of the obligor.
1157	3.  A description and the location of property of the
1158	obligor in this state not exempt from execution.
1159	(e)  Except as otherwise provided in s. 88.3121, the name
1160	and address of the obligee and, if applicable, the agency or
1161	person to whom support payments are to be remitted.
1162	(2)  On receipt of a request for registration, the
1163	registering tribunal shall cause the order to be filed as an
1164	order of a tribunal of another state or a foreign support order
1165	a foreign judgment, together with one copy of the documents and
1166	information, regardless of their form.
1167	(3)  A petition or comparable pleading seeking a remedy
1168	that must be affirmatively sought under other law of this state
1169	may be filed at the same time as the request for registration or
1170	later. The pleading must specify the grounds for the remedy
1171	sought.
1172	(4)  If two or more orders are in effect, the person
1173	requesting registration shall:
1174	(a)  Furnish to the tribunal a copy of every support order
1175	asserted to be in effect in addition to the documents specified
1176	in this section;
1177	(b)  Specify the order alleged to be the controlling order,
1178	if any; and
1179	(c)  Specify the amount of consolidated arrears, if any.
1180	(5)  A request for a determination of which is the
1181	controlling order may be filed separately or with a request for
1182	registration and enforcement or for registration and
1183	modification. The person requesting registration shall give
1184	notice of the request to each party whose rights may be affected
1185	by the determination.
1186	Section 45.  Section 88.6031, Florida Statutes, is amended
1187	to read:
1188	88.6031  Effect of registration for enforcement.-
1189	(1)  A support order or income-withholding order issued in
1190	another state or a foreign support order is registered when the
1191	order is filed in the registering tribunal of this state.
1192	(2)  A registered support order issued in another state or
1193	a foreign country is enforceable in the same manner and is
1194	subject to the same procedures as an order issued by a tribunal
1195	of this state.
1196	(3)  Except as otherwise provided in this act article, a
1197	tribunal of this state shall recognize and enforce, but may not
1198	modify, a registered support order if the issuing tribunal had
1199	jurisdiction.
1200	Section 46.  Section 88.6041, Florida Statutes, is amended
1201	to read:
1202	88.6041  Choice of law.-
1203	(1)  Except as otherwise provided in subsection (4), the
1204	law of the issuing state or foreign country governs:
1205	(a)  The nature, extent, amount, and duration of current
1206	payments under a registered support order; and other obligations
1207	of support and
1208	(b)  The computation and payment of arrearages and accrual
1209	of interest on the arrearages under the order; and
1210	(c)  The existence and satisfaction of other obligations
1211	under the support order.
1212	(2)  In a proceeding for arrears under a registered support
1213	order arrearages, the statute of limitation under the laws of
1214	this state or of the issuing state or foreign country, whichever
1215	is longer, applies.
1216	(3)  A responding tribunal of this state shall apply the
1217	procedures and remedies of this state to enforce current support
1218	and collect arrears and interest due on a support order of
1219	another state or foreign country registered in this state.
1220	(4)  After a tribunal of this or another state determines
1221	which is the controlling order and issues an order consolidating
1222	arrears, if any, a tribunal of this state shall prospectively
1223	apply the law of the state or foreign country issuing the
1224	controlling order, including its law on interest on arrears, on
1225	current and future support, and on consolidated arrears.
1226	Section 47.  Section 88.6051, Florida Statutes, is amended
1227	to read:
1228	88.6051  Notice of registration of order.-
1229	(1)  When a support order or income-withholding order
1230	issued in another state or a foreign support order is
1231	registered, the registering tribunal of this state shall notify
1232	the nonregistering party. The notice must be accompanied by a
1233	copy of the registered order and the documents and relevant
1234	information accompanying the order.
1235	(2)  A The notice must inform the nonregistering party:
1236	(a)  That a registered order is enforceable as of the date
1237	of registration in the same manner as an order issued by a
1238	tribunal of this state.
1239	(b)  That a hearing to contest the validity or enforcement
1240	of the registered order must be requested within 20 days after
1241	the date of mailing or personal service of the notice, unless
1242	the registered order is under s. 88.7071.
1243	(c)  That failure to contest the validity or enforcement of
1244	the registered order in a timely manner will result in
1245	confirmation of the order and enforcement of the order and the
1246	alleged arrearages and precludes further contest of that order
1247	with respect to any matter that could have been asserted.
1248	(d)  Of the amount of any alleged arrearages.
1249	(3)  If the registering party asserts that two or more
1250	orders are in effect, a notice must also:
1251	(a)  Identify the two or more orders and the order alleged
1252	by the registering party to be the controlling order and the
1253	consolidated arrears, if any;
1254	(b)  Notify the nonregistering party of the right to a
1255	determination of which is the controlling order;
1256	(c)  State that the procedures provided in subsection (2)
1257	apply to the determination of which is the controlling order;
1258	and
1259	(d)  State that failure to contest the validity or
1260	enforcement of the order alleged to be the controlling order in
1261	a timely manner may result in confirmation that the order is the
1262	controlling order.
1263	(4)(3)  Upon registration of an income-withholding order
1264	for enforcement, the support enforcement agency or the
1265	registering tribunal shall notify the obligor's employer
1266	pursuant to chapter 61 or other income deduction law of this
1267	state.
1268	Section 48.  Subsections (1) and (2) of section 88.6061,
1269	Florida Statutes, are amended to read:
1270	88.6061  Procedure to contest validity or enforcement of
1271	registered order.-
1272	(1)  A nonregistering party seeking to contest the validity
1273	or enforcement of a registered order in this state shall request
1274	a hearing within the time required by s. 88.6051 20 days after
1275	notice of the registration. The nonregistering party may seek to
1276	vacate the registration, to assert any defense to an allegation
1277	of noncompliance with the registered order, or to contest the
1278	remedies being sought or the amount of any alleged arrearages
1279	pursuant to s. 88.6071.
1280	(2)  If the nonregistering party fails to contest the
1281	validity or enforcement of the registered support order in a
1282	timely manner, the order is confirmed by operation of law.
1283	Section 49.  Section 88.6071, Florida Statutes, is amended
1284	to read:
1285	88.6071  Contest of registration or enforcement.-
1286	(1)  A party contesting the validity or enforcement of a
1287	registered support order or seeking to vacate the registration
1288	has the burden of proving one or more of the following defenses:
1289	(a)  The issuing tribunal lacked personal jurisdiction over
1290	the contesting party;
1291	(b)  The order was obtained by fraud;
1292	(c)  The order has been vacated, suspended, or modified by
1293	a later order;
1294	(d)  The issuing tribunal has stayed the order pending
1295	appeal;
1296	(e)  There is a defense under the law of this state to the
1297	remedy sought;
1298	(f)  Full or partial payment has been made; or
1299	(g)  The statute of limitation under s. 88.6041 precludes
1300	enforcement of some or all of the alleged arrearages; or
1301	(h)  The alleged controlling order is not the controlling
1302	order.
1303	(2)  If a party presents evidence establishing a full or
1304	partial defense under subsection (1), a tribunal may stay
1305	enforcement of a the registered support order, continue the
1306	proceeding to permit production of additional relevant evidence,
1307	and issue other appropriate orders. An uncontested portion of
1308	the registered support order may be enforced by all remedies
1309	available under the law of this state.
1310	(3)  If the contesting party does not establish a defense
1311	under subsection (1) to the validity or enforcement of a
1312	registered support the order, the registering tribunal shall
1313	issue an order confirming the order.
1314	Section 50.  Section 88.6081, Florida Statutes, is amended
1315	to read:
1316	88.6081  Confirmed order.-Confirmation of a registered
1317	support order, whether by operation of law or after notice and
1318	hearing, precludes further contest of the order with respect to
1319	any matter that could have been asserted at the time of
1320	registration.
1321	Section 51.  Section 88.6091, Florida Statutes, is amended
1322	to read:
1323	88.6091  Procedure to register child support order of
1324	another state for modification.-A party or support enforcement
1325	agency seeking to modify, or to modify and enforce, a child
1326	support order issued in another state shall register that order
1327	in this state in the same manner provided in ss. 88.6011-88.6081
1328	88.6011-88.6041 if the order has not been registered. A petition
1329	for modification may be filed at the same time as a request for
1330	registration, or later. The pleading must specify the grounds
1331	for modification.
1332	Section 52.  Section 88.6111, Florida Statutes, is amended
1333	to read:
1334	88.6111  Modification of child support order of another
1335	state.-
1336	(1)  If s. 88.6131 does not apply, upon petition, a
1337	tribunal of this state may modify After a child support order
1338	issued in another state which is has been registered in this
1339	state, the responding tribunal of this state may modify that
1340	order only if, s. 88.6131 does not apply and after notice and
1341	hearing, the tribunal it finds that:
1342	(a)  The following requirements are met:
1343	1.  Neither the child, nor the individual obligee who is an
1344	individual, nor and the obligor resides do not reside in the
1345	issuing state;
1346	2.  A petitioner who is a nonresident of this state seeks
1347	modification; and
1348	3.  The respondent is subject to the personal jurisdiction
1349	of the tribunal of this state; or
1350	(b)  This state is the state of residence of the child, or
1351	a party who is an individual, is subject to the personal
1352	jurisdiction of the tribunal of this state and all of the
1353	parties who are individuals have filed written consents in a
1354	record in the issuing tribunal for a tribunal of this state to
1355	modify the support order and assume continuing exclusive
1356	jurisdiction over the order. However, if the issuing state is a
1357	foreign jurisdiction that has not enacted a law or established
1358	procedures substantially similar to the procedures under this
1359	act, the consent otherwise required of an individual residing in
1360	this state is not required for the tribunal to assume
1361	jurisdiction to modify the child support order.
1362	(2)  Modification of a registered child support order is
1363	subject to the same requirements, procedures, and defenses that
1364	apply to the modification of an order issued by a tribunal of
1365	this state and the order may be enforced and satisfied in the
1366	same manner.
1367	(3)  A tribunal of this state may not modify any aspect of
1368	a child support order that may not be modified under the law of
1369	the issuing state, including the duration of the obligation of
1370	support. If two or more tribunals have issued child support
1371	orders for the same obligor and same child, the order that
1372	controls and must be so recognized under s. 88.2071 establishes
1373	the aspects of the support order which are nonmodifiable.
1374	(4)  In a proceeding to modify a child support order, the
1375	law of the state that is determined to have issued the initial
1376	controlling order governs the duration of the obligation of
1377	support. The obligor's fulfillment of the duty of support
1378	established by that order precludes imposition of a further
1379	obligation of support by a tribunal of this state.
1380	(5)(4)  On issuance of an order by a tribunal of this state
1381	modifying a child support order issued in another state, the a
1382	tribunal of this state becomes the tribunal of continuing
1383	exclusive jurisdiction.
1384	(6)  Notwithstanding subsections (1)-(5) and s. 88.2011(2),
1385	a tribunal of this state retains jurisdiction to modify an order
1386	issued by a tribunal of this state if:
1387	(a)  One party resides in another state; and
1388	(b)  The other party resides outside the United States.
1389	Section 53.  Section 88.6121, Florida Statutes, is amended
1390	to read:
1391	88.6121  Recognition of order modified in another state.-If
1392	a child support order issued by a tribunal of this state is
1393	modified shall recognize a modification of its earlier child
1394	support order by a tribunal of another state which assumed
1395	jurisdiction pursuant to the Uniform Interstate Family Support
1396	Act, a tribunal of this state this act or a law substantially
1397	similar to this act and, upon request, except as otherwise
1398	provided in this act, shall:
1399	(1)  May enforce the order that was modified only as to
1400	arrears and interest amounts accruing before the modification.
1401	(2)  Enforce only nonmodifiable aspects of that order.
1402	(2)(3)  May provide other appropriate relief only for
1403	violations of its that order which occurred before the effective
1404	date of the modification.
1405	(3)(4)  Shall recognize the modifying order of the other
1406	state, upon registration, for the purpose of enforcement.
1407	Section 54.  Section 88.6151, Florida Statutes, is created
1408	to read:
1409	88.6151  Jurisdiction to modify child support order of
1410	foreign country.-
1411	(1)  Except as otherwise provided in s. 88.7111, if a
1412	foreign country lacks or refuses to exercise jurisdiction to
1413	modify its child support order pursuant to its laws, a tribunal
1414	of this state may assume jurisdiction to modify the child
1415	support order and bind all individuals subject to the personal
1416	jurisdiction of the tribunal whether the consent to modification
1417	of a child support order otherwise required of the individual
1418	pursuant to s. 88.6111 has been given or whether the individual
1419	seeking modification is a resident of this state or of the
1420	foreign country.
1421	(2)  An order issued by a tribunal of this state modifying
1422	a foreign child support order pursuant to this section is the
1423	controlling order.
1424	Section 55.  Section 88.6161, Florida Statutes, is created
1425	to read:
1426	88.6161  Procedure to register child support order of
1427	foreign country for modification.-A party or support enforcement
1428	agency seeking to modify, or to modify and enforce, a foreign
1429	child support order not under the convention may register that
1430	order in this state under ss. 88.6011-88.6081 if the order has
1431	not been registered. A petition for modification may be filed at
1432	the same time as a request for registration, or at another time.
1433	The petition must specify the grounds for modification.
1434	Section 56.  The Division of Statutory Revision is directed
1435	to redesignate part VII of chapter 88, Florida Statutes, as
1436	"SUPPORT PROCEEDING UNDER CONVENTION."
1437	Section 57.  Section 88.7011, Florida Statutes, is
1438	repealed.
1439	Section 58.  Section 88.70111, Florida Statutes, is created
1440	to read:
1441	88.70111  Definitions.-As used in this part, the term:
1442	(1)  "Application" means a request under the convention by
1443	an obligee or obligor, or on behalf of a child, made through a
1444	central authority for assistance from another central authority.
1445	(2)  "Central authority" means the entity designated by the
1446	United States or a foreign country described in s. 88.102(5)(d)
1447	to perform the functions specified in the convention.
1448	(3)  "Convention support order" means a support order of a
1449	tribunal of a foreign country described in s. 88.102(5)(d).
1450	(4)  "Direct request" means a petition filed by an
1451	individual in a tribunal of this state in a proceeding involving
1452	an obligee, obligor, or child residing outside the United
1453	States.
1454	(5)  "Foreign central authority" means the entity
1455	designated by a foreign country described in s. 88.102(5)(d) to
1456	perform the functions specified in the convention.
1457	(6)  "Foreign support agreement":
1458	(a)  Means an agreement for support in a record that:
1459	1.  Is enforceable as a support order in the country of
1460	origin;
1461	2.  Has been:
1462	a.  Formally drawn up or registered as an authentic
1463	instrument by a foreign tribunal; or
1464	b.  Authenticated by or concluded, registered, or filed
1465	with a foreign tribunal; and
1466	3.  May be reviewed and modified by a foreign tribunal; and
1467	(b)  Includes a maintenance arrangement or authentic
1468	instrument under the convention.
1469	(7)  "United States central authority" means the Secretary
1470	of the United States Department of Health and Human Services.
1471	Section 59.  Section 88.7021, Florida Statutes, is created
1472	to read:
1473	88.7021  Applicability.-This part applies only to a support
1474	proceeding under the convention. In such a proceeding, if a
1475	provision of this part is inconsistent with parts I through VI,
1476	this part controls.
1477	Section 60.  Section 88.7031, Florida Statutes, is created
1478	to read:
1479	88.7031  Relationship of Department of Revenue to United
1480	States central authority.-The Department of Revenue is
1481	recognized as the agency designated by the United States central
1482	authority to perform specific functions under the convention.
1483	Section 61.  Section 88.7041, Florida Statutes, is created
1484	to read:
1485	88.7041  Initiation by Department of Revenue of support
1486	proceeding subject to convention.-
1487	(1)  In a proceeding subject to the convention, the
1488	Department of Revenue shall:
1489	(a)  Transmit and receive applications; and
1490	(b)  Initiate or facilitate the institution of a proceeding
1491	regarding an application in a tribunal of this state.
1492	(2)  The following support proceedings are available to an
1493	obligee under the convention:
1494	(a)  Recognition or recognition and enforcement of a
1495	foreign support order.
1496	(b)  Enforcement of a support order issued or recognized in
1497	this state.
1498	(c)  Establishment of a support order if there is no
1499	existing order, including, where necessary, determination of
1500	parentage.
1501	(d)  Establishment of a support order if recognition of a
1502	foreign support order is not possible or is refused because of
1503	the lack of a basis for recognition and enforcement under s.
1504	88.7081 or on grounds specified in s. 88.7091(2) or s.
1505	88.7091(5).
1506	(e)  Modification of a support order made by a tribunal of
1507	this state.
1508	(f)  Modification of a foreign support order.
1509	(3)  The following support proceedings are available under
1510	the convention to an obligor against whom there is an existing
1511	support order:
1512	(a)  Recognition of an order suspending or limiting
1513	enforcement of an existing support order of a tribunal of this
1514	state.
1515	(b)  Modification of a support order of a tribunal of this
1516	state.
1517	(c)  Modification of a support order of a tribunal of
1518	another state or foreign country.
1519	(4)  A tribunal of this state may not require security,
1520	bond, or deposit, however described, to guarantee the payment of
1521	costs and expenses in proceedings under the convention.
1522	Section 62.  Section 88.7051, Florida Statutes, is created
1523	to read:
1524	88.7051  Direct request.-
1525	(1)  A petitioner may file a direct request in a tribunal
1526	of this state seeking the establishment or modification of a
1527	support order or determination of parentage. In such a
1528	proceeding, the law of this state applies.
1529	(2)  A petitioner may file a direct request in a tribunal
1530	of this state seeking the recognition and enforcement of a
1531	support order or support agreement. In such a proceeding, the
1532	provisions of ss. 88.7061-88.7121 apply.
1533	(3)  In a direct request for recognition and enforcement of
1534	a foreign support order or agreement:
1535	(a)  No security, bond, or deposit shall be required to
1536	guarantee the payment of costs and expenses related to the
1537	proceedings; and
1538	(b)  The obligee or obligor, who in the issuing country has
1539	benefited from free legal assistance, shall be entitled to
1540	benefit, at least to the same extent, from any free legal
1541	assistance provided for by the law of this state under the same
1542	circumstances.
1543	(4)  An individual filing directly to a tribunal will not
1544	receive assistance from the Department of Revenue.
1545	(5)  Nothing in this part prevents the application of laws
1546	of this state that provide simplified, more expeditious rules
1547	regarding a direct request for recognition and enforcement of a
1548	foreign support order or support agreement.
1549	Section 63.  Section 88.7061, Florida Statutes, is created
1550	to read:
1551	88.7061  Registration of support order subject to
1552	convention.-
1553	(1)  Except as otherwise provided in this part, a party who
1554	is an individual or a support enforcement agency seeking
1555	recognition of a foreign support order subject to the convention
1556	shall register the order in this state as provided in part VI of
1557	this chapter.
1558	(2)  Notwithstanding ss. 88.3111 and 88.6021, a request for
1559	registration of a foreign support order subject to the
1560	convention shall be accompanied by the following:
1561	(a)  A complete text of the support order, or an abstract
1562	or extract of the support order drawn up by the issuing foreign
1563	tribunal, which may be in the form recommended by the Hague
1564	Conference on Private International Law.
1565	(b)  A record stating that the support order is enforceable
1566	in the issuing country.
1567	(c)  If the respondent did not appear and was not
1568	represented in the proceedings in the issuing country, a record
1569	attesting, as appropriate, either that the respondent had proper
1570	notice of the proceedings and an opportunity to be heard, or
1571	that the respondent had proper notice of the support order and
1572	the opportunity to challenge or appeal it on fact and law.
1573	(d)  If necessary, a record showing the amount of any
1574	arrears, and the date the amount was calculated.
1575	(e)  If necessary, a record showing a requirement for
1576	automatic adjustment of the amount of support, if any, and the
1577	information necessary to make the appropriate calculations.
1578	(f)  If necessary, a record showing the extent to which the
1579	applicant received free legal assistance in the issuing country.
1580	(3)  A request for registration of a foreign support order
1581	may seek recognition and partial enforcement of the order.
1582	(4)  A tribunal of this state may refuse to register a
1583	foreign support order only if recognition and enforcement of the
1584	order is manifestly incompatible with public policy.
1585	(5)  The tribunal shall promptly notify the parties of the
1586	registration or the refusal to register a foreign support order.
1587	Section 64.  Section 88.7071, Florida Statutes, is created
1588	to read:
1589	88.7071  Contest of validity of foreign support order
1590	subject to convention.-
1591	(1)  Except as otherwise provided in this part, ss.
1592	88.6051-88.6081 apply to a contest of the validity of a
1593	registered foreign support order subject to the convention.
1594	(2)  A party contesting the recognition and enforcement of
1595	a registered foreign support order subject to the convention
1596	must file a contest within 30 days after notice of the
1597	registration unless the contesting party does not reside in the
1598	United States or a state, in which case the contest must be
1599	filed within 60 days after notice.
1600	(3)  A contest of a registered foreign support order may be
1601	based only on:
1602	(a)  The authenticity or integrity of any record
1603	transmitted in accordance with s. 88.7061;
1604	(b)  The lack of a basis for enforcement under s. 88.7081;
1605	(c)  The grounds for refusing enforcement under s. 88.7091;
1606	or
1607	(d)  The payment in part or in whole of the alleged
1608	arrears.
1609	(4)  In a contest of the validity of a registered foreign
1610	support order, a tribunal of this state:
1611	(a)  Is bound by the findings of fact on which the foreign
1612	tribunal based its jurisdiction; and
1613	(b)  May not review the merits of the support order.
1614	(5)  A tribunal of this state deciding a contest of the
1615	validity of a registered foreign support order shall promptly
1616	notify the parties of its decision.
1617	(6)  An appeal, if any, does not stay the enforcement of a
1618	foreign support order unless there are exceptional
1619	circumstances.
1620	Section 65.  Section 88.7081, Florida Statutes, is created
1621	to read:
1622	88.7081  Recognition and enforcement of foreign support
1623	order subject to convention.-
1624	(1)  A tribunal of this state shall recognize and enforce a
1625	foreign support order subject to the convention if:
1626	(a)  The issuing tribunal had personal jurisdiction
1627	consistent with s. 88.2011; and
1628	(b)  The order is enforceable in the issuing country.
1629	(2)  If a tribunal of this state may not recognize a
1630	foreign support order because under similar facts the tribunal
1631	would not have had personal jurisdiction consistent with s.
1632	88.2011:
1633	(a)  The tribunal must allow a reasonable time for a party
1634	to request the tribunal to establish a support order;
1635	(b)  The tribunal may not use its refusal to recognize the
1636	foreign support order as a basis for dismissing the request;
1637	(c)  The Department of Revenue shall take all appropriate
1638	measures to request a child support order for the obligee if the
1639	application for recognition and enforcement was received under
1640	s. 88.7041(1).
1641	(3)  If a tribunal of this state may not recognize and
1642	enforce the whole of a foreign support order, it shall enforce
1643	any severable part of the order. An application or direct
1644	request may seek recognition and partial enforcement of a
1645	foreign support order.
1646	Section 66.  Section 88.7091, Florida Statutes, is created
1647	to read:
1648	88.7091  Refusal of recognition and enforcement of foreign
1649	support order subject to convention.-A tribunal of this state
1650	may refuse recognition and enforcement of a foreign support
1651	order subject to the convention if:
1652	(1)  Recognition and enforcement of the order is manifestly
1653	incompatible with public policy;
1654	(2)  The order was obtained by fraud in connection with a
1655	matter of procedure;
1656	(3)  A proceeding between the same parties and having the
1657	same purpose is pending before a tribunal of this state and that
1658	proceeding was the first to be instituted;
1659	(4)  The order is incompatible with a more recent support
1660	order issued between the same parties and having the same
1661	purpose if the more recent support order is entitled to
1662	recognition and enforcement in this state;
1663	(5)  In a case in which the respondent neither appeared nor
1664	was represented in the proceeding in the issuing foreign country
1665	when the law of the country:
1666	(a)  Provides for notice of proceedings, the respondent did
1667	not have proper notice of the proceedings and an opportunity to
1668	be heard; or
1669	(b)  Does not provide for notice of the proceedings, the
1670	respondent did not have proper notice of the order and the
1671	opportunity to challenge or appeal it on fact and law; or
1672	(6)  The order was made in violation of s. 88.7111.
1673	Section 67.  Section 88.7101, Florida Statutes, is created
1674	to read:
1675	88.7101  Foreign support agreement subject to convention.-
1676	(1)  Except as provided in subsections (3) and (4), a
1677	tribunal of this state shall recognize and enforce a foreign
1678	support agreement registered in this state.
1679	(2)  An application or direct request for recognition and
1680	enforcement of a foreign support agreement shall be accompanied
1681	by the following:
1682	(a)  A complete text of the foreign support agreement.
1683	(b)  A record stating that the foreign support agreement is
1684	enforceable as a decision in the issuing country.
1685	(3)  A tribunal of this state may refuse to register a
1686	foreign support agreement only if registration is manifestly
1687	incompatible with public policy.
1688	(4)  A tribunal of this state may refuse recognition and
1689	enforcement of a foreign support agreement if it finds:
1690	(a)  Recognition and enforcement of the agreement is
1691	manifestly incompatible with public policy;
1692	(b)  The agreement was obtained by fraud or falsification;
1693	(c)  The agreement is incompatible with a support order
1694	issued between the same parties and having the same purpose,
1695	either in this state, another state, or a foreign country if the
1696	support order is entitled to recognition in this state; or
1697	(d)  The record submitted under subsection (2) lacks
1698	authenticity or integrity.
1699	(5)  A proceeding for recognition and enforcement of a
1700	foreign support agreement shall be suspended during the pendency
1701	of a challenge to the agreement before a tribunal of another
1702	state or foreign country.
1703	Section 68.  Section 88.7111, Florida Statutes, is created
1704	to read:
1705	88.7111  Modification of foreign child support order
1706	subject to convention.-
1707	(1)  A tribunal of this state may not modify a foreign
1708	child support order if the obligee remains a resident of the
1709	foreign country where the support order was issued unless:
1710	(a)  The obligee submits to the jurisdiction of a tribunal
1711	of this state, either expressly or by defending on the merits of
1712	the case without objecting to the jurisdiction at the first
1713	available opportunity; or
1714	(b)  The foreign tribunal lacks or refuses to exercise
1715	jurisdiction to modify its support order or issue a new support
1716	order.
1717	(2)  If a tribunal of this state does not modify the
1718	foreign child support order because the order may not be
1719	recognized in this state, the provisions of s. 88.7081 apply.
1720	Section 69.  Section 88.7121, Florida Statutes, is created
1721	to read:
1722	88.7121  Jurisdiction to modify spousal support order of
1723	foreign country.-A tribunal of this state with personal
1724	jurisdiction over the parties may modify a spousal support order
1725	of a foreign tribunal if:
1726	(1)  The foreign tribunal lacks or refuses to exercise
1727	jurisdiction to modify its order pursuant to its laws;
1728	(2)  There is agreement in writing between the parties to
1729	the jurisdiction of the tribunal of this state; or
1730	(3)  The parties submit to the jurisdiction of the tribunal
1731	of this state expressly or by defending on the merits without
1732	objecting.
1733	Section 70.  Paragraph (b) of subsection (2) of section
1734	88.8011, Florida Statutes, is amended to read:
1735	88.8011  Grounds for rendition.-
1736	(2)  The Governor of this state may:
1737	(b)  On the demand of by the Governor of another state,
1738	surrender an individual found in this state who is charged
1739	criminally in the other state with having failed to provide for
1740	the support of an obligee.
1741	Section 71.  Section 88.9011, Florida Statutes, is amended
1742	to read:
1743	88.9011  Uniformity of application and construction.-In
1744	applying and construing this uniform act, consideration must be
1745	given to the need to promote uniformity of This act shall be
1746	applied and construed to effectuate its general purpose to make
1747	uniform the law with respect to its the subject matter of this
1748	act among states that enact enacting it.
1749	Section 72.  Section 88.9031, Florida Statutes, is amended
1750	to read:
1751	88.9031  Severability clause.-If any provision of this act
1752	or its application to any person or circumstance is held
1753	invalid, the invalidity does not affect other provisions or
1754	applications of this act which can be given effect without the
1755	invalid provision or application, and to this end the provisions
1756	of this act are severable.
1757	Section 73.  Paragraph (a) of subsection (7) of section
1758	61.13, Florida Statutes, is amended to read:
1759	61.13  Support of children; parenting and time-sharing;
1760	powers of court.-
1761	(7)(a)  Each party to any paternity or support proceeding
1762	is required to file with the tribunal as defined in s.
1763	88.1011(22) and State Case Registry upon entry of an order, and
1764	to update as appropriate, information on location and identity
1765	of the party, including social security number, residential and
1766	mailing addresses, telephone number, driver's license number,
1767	and name, address, and telephone number of employer. Each party
1768	to any paternity or child support proceeding in a non-Title IV-D
1769	case shall meet the above requirements for updating the tribunal
1770	and State Case Registry.
1771	Section 74.  Paragraph (b) of subsection (5) of section
1772	827.06, Florida Statutes, is amended to read:
1773	827.06  Nonsupport of dependents.-
1774	(5)
1775	(b)  The element of knowledge may be proven by evidence
1776	that a court or tribunal as defined by s. 88.1011(22) has
1777	entered an order that obligates the defendant to provide the
1778	support.
1779	Section 75.  Upon the passage of this bill, the Department
1780	of Revenue is directed to apply for a waiver from the Federal
1781	Office of Child Support Enforcement pursuant to the state plan
1782	requirement under Title IV-D of the Social Security Act.
1783	Section 76.  This act shall take effect upon the earlier of
1784	90 days following Congress amending 42 U.S.C. s. 666(f) to allow
1785	or require states to adopt the 2008 version of the Uniform
1786	Interstate Family Support Act, or 90 days following the state
1787	obtaining a waiver of its state plan requirement under Title IV-
1788	D of the Social Security Act.

CODING: Words stricken are deletions; words underlined are additions.