Bill Text: FL H1111 | 2011 | Regular Session | Engrossed

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Bill Title: Family Law

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-06 - Ordered enrolled -HJ 1965 [H1111 Detail]

Download: Florida-2011-H1111-Engrossed.html

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CS/CS/CS/HB 1111

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

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