Bill Text: FL H1111 | 2011 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Comm_Sub.html

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CS/CS/CS/HB 1111

1	A bill to be entitled
2	An act relating to the Uniform Interstate Family Support
3	Act; amending s. 88.1011, F.S.; revising and providing
4	definitions; amending s. 88.1021, F.S.; designating the
5	Department of Revenue as the support enforcement agency of
6	this state; amending s. 88.1031, F.S.; revising provisions
7	relating to remedies provided by the act; creating s.
8	88.1041, F.S.; providing for applicability of provisions
9	to residents of foreign counties and foreign support
10	proceedings; amending s. 88.2011, F.S.; providing that
11	specified bases of personal jurisdiction may not be used
12	to acquire personal jurisdiction for certain purposes
13	unless specified requirements are met; amending s.
14	88.2021, F.S.; providing for duration of personal
15	jurisdiction; deleting provisions relating to procedure
16	when exercising jurisdiction over nonresident; amending
17	ss. 88.2031 and 88.2041, F.S.; conforming provisions to
18	changes made by the act; amending s. 88.2051, F.S.;
19	revising provisions relating to continuation of exclusive
20	jurisdiction; amending s. 88.2061, F.S.; providing for
21	continuing jurisdiction to enforce child support orders;
22	amending s. 88.2071, F.S.; revising provisions relating to
23	determination of a controlling child support order;
24	amending s. 88.2081, F.S.; revising language relating to
25	child support orders for two or more obligees; amending s.
26	88.2091, F.S.; revising language relating to credit for
27	child support payments; creating s. 88.2101, F.S.;
28	providing for application of the act to a nonresident
29	subject to personal jurisdiction; creating s. 88.2111,
30	F.S.; providing for continuing, exclusive jurisdiction to
31	modify a spousal support order; amending s. 88.3011, F.S.;
32	revising provisions relating to applicability of the act;
33	amending ss. 88.3021 and 88.3031, F.S.; revising
34	terminology; amending s. 88.3041, F.S.; revising
35	provisions relating to duties of an initiating tribunal;
36	amending s. 88.3051, F.S.; revising provisions relating to
37	duties and powers of a responding tribunal; amending s.
38	88.3061, F.S.; revising terminology; amending s. 88.3071,
39	F.S.; revising provisions relating to the duties of a
40	support enforcement agency; amending s. 88.3081, F.S.;
41	providing that the Governor and Cabinet may determine that
42	a foreign country has established a reciprocal arrangement
43	for child support with this state and take appropriate
44	action for notification of the determination; amending s.
45	88.3101, F.S.; revising terminology; amending s. 88.3111,
46	F.S.; revising provisions relating to pleadings and
47	accompanying documents; amending s. 88.3121, F.S.;
48	revising requirements for nondisclosure of certain
49	information; amending ss. 88.3131 and 88.3141, F.S.;
50	revising terminology; amending s. 88.3161, F.S.; revising
51	provisions relating to special rules of evidence and
52	procedure; amending ss. 88.3171 and 88.3181, F.S.;
53	revising terminology; amending s. 88.3191, F.S.; revising
54	provisions relating to receipt and disbursement of
55	payments; amending s. 88.4011, F.S.; revising provisions
56	relating to establishment of a support order; providing a
57	directive to the Division of Statutory Revision; amending
58	s. 88.5011, F.S.; revising provisions relating to an
59	employer's receipt of an income-withholding order from
60	another state; amending ss. 88.50211, 88.5031, 88.5041,
61	and 88.5051, F.S.; revising terminology; amending s.
62	88.5061, F.S.; revising provisions relating to a contest
63	by obligor; amending s. 88.5071, F.S.; revising
64	terminology; providing a directive to the Division of
65	Statutory Revision; amending s. 88.6011, F.S.; revising
66	terminology; amending s. 88.6021, F.S.; revising
67	provisions relating to the procedure to register order for
68	enforcement; amending s. 88.6031, F.S.; revising
69	terminology; amending s. 88.6041, F.S.; revising
70	provisions relating to choice of law; amending s. 88.6051,
71	F.S.; revising provisions relating to notice of
72	registration of order; amending s. 88.6061, F.S.; revising
73	provisions relating to the procedure to contest the
74	validity or enforcement of a registered order; amending s.
75	88.6071, F.S.; revising provisions relating to the
76	contesting of registration or enforcement; amending s.
77	88.6081, F.S.; revising terminology; amending s. 88.6091,
78	F.S.; correcting a cross-reference; amending s. 88.6111,
79	F.S.; revising provisions relating to modification of a
80	child support order of another state; amending s. 88.6121,
81	F.S.; revising provisions relating to recognition of a
82	child support order modified in another state; creating s.
83	88.6151, F.S.; providing for jurisdiction to modify a
84	child support order of a foreign country; creating s.
85	88.6161, F.S.; providing procedures for registration of a
86	child support order of a foreign country for modification;
87	providing a directive to the Division of Statutory
88	Revision; repealing s. 88.7011, F.S., relating to a
89	proceeding to determine parentage of a child; creating s.
90	88.70111, F.S.; providing definitions relating to a
91	support proceeding under the Convention on the
92	International Recovery of Child Support and Other Forms of
93	Family Maintenance; creating s. 88.7021, F.S.; providing
94	for applicability; creating s. 88.7031, F.S.; specifying
95	the relationship of the Department of Revenue to the
96	United States central authority; creating s. 88.7041,
97	F.S.; providing for initiation by the Department of
98	Revenue of support proceedings subject to the convention;
99	creating s. 88.7051, F.S.; providing for direct requests
100	to tribunals; creating s. 88.7061, F.S.; providing for
101	registration of a support order subject to the convention;
102	creating s. 88.7071, F.S.; providing for contests of the
103	validity of foreign support orders subject to the
104	convention; creating s. 88.7081, F.S.; providing for the
105	recognition and enforcement of a foreign support order
106	subject to the convention; creating s. 88.7091, F.S.;
107	specifying grounds for the refusal of recognition and
108	enforcement of foreign support order subject to the
109	convention; creating s. 88.7101, F.S.; providing
110	requirements for a foreign support agreement subject to
111	the convention; creating s. 88.7111, F.S.; providing for
112	the modification of a foreign child support order subject
113	to the convention; creating s. 88.7121, F.S.; providing
114	jurisdiction to modify a spousal support order of a
115	foreign country; amending s. 88.8011, F.S.; revising
116	terminology; amending s. 88.9011, F.S.; revising
117	provisions relating to the uniformity of application and
118	construction of the act; amending s. 88.9031, F.S.;
119	revising terminology; amending ss. 61.13 and 827.06, F.S.;
120	correcting cross-references; directing the Department of
121	Revenue to apply for a waiver; providing a contingent
122	effective date.
123
124	Be It Enacted by the Legislature of the State of Florida:
125
126	Section 1.  Section 88.1011, Florida Statutes, is amended
127	to read:
128	88.1011  Definitions.-As used in this act:
129	(1)  "Child" means an individual, whether over or under the
130	age of majority, who is or is alleged to be owed a duty of
131	support by the individual's parent or who is or is alleged to be
132	the beneficiary of a support order directed to the parent.
133	(2)  "Child support order" means a support order for a
134	child, including a child who has attained the age of majority
135	under the law of the issuing state or foreign country.
136	(3)  "Convention" means the Convention on the International
137	Recovery of Child Support and Other Forms of Family Maintenance,
138	concluded at The Hague on November 23, 2007.
139	(4)(3)  "Duty of support" means an obligation imposed or
140	imposable by law to provide support for a child, spouse, or
141	former spouse, including an unsatisfied obligation to provide
142	support.
143	(5)  "Foreign country" means a country, including a
144	political subdivision thereof, other than the United States,
145	that authorizes the issuance of support orders and:
146	(a)  Which has been declared under the law of the United
147	States to be a foreign reciprocating country;
148	(b)  Which has established a reciprocal arrangement for
149	child support with this state as provided in s. 88.3081;
150	(c)  Which has enacted a law or established procedures for
151	the issuance and enforcement of support orders which are
152	substantially similar to the procedures under this act; or
153	(d)  In which the convention is in force with respect to
154	the United States.
155	(6)  "Foreign support order" means a support order of a
156	foreign tribunal.
157	(7)  "Foreign tribunal" means a court, administrative
158	agency, or quasi-judicial entity of a foreign country which is
159	authorized to establish, enforce, or modify support orders or to
160	determine parentage of a child. The term includes a competent
161	authority under the convention.
162	(8)(4)  "Home state" means the state or foreign country in
163	which a child lived with a parent or a person acting as parent
164	for at least 6 consecutive months immediately preceding the time
165	of filing of a petition or comparable pleading for support and,
166	if a child is less than 6 months old, the state or foreign
167	country in which the child lived from birth with any of them. A
168	period of temporary absence of any of them is counted as part of
169	the 6-month or other period.
170	(9)(5)  "Income" includes earnings or other periodic
171	entitlements to money from any source and any other property
172	subject to withholding for support under the law of this state.
173	(10)(6)  "Income-withholding order" means an order or other
174	legal process directed to an obligor's employer or other debtor,
175	as defined by the income deduction law of this state, or payor
176	as defined by s. 61.046, to withhold support from the income of
177	the obligor.
178	(7)  "Initiating state" means a state from which a
179	proceeding is forwarded or in which a proceeding is filed for
180	forwarding to a responding state under this act or a law or
181	procedure substantially similar to this act, the Uniform
182	Reciprocal Enforcement of Support Act, or the Revised Uniform
183	Reciprocal Enforcement of Support Act.
184	(11)(8)  "Initiating tribunal" means the authorized
185	tribunal of a state or foreign country from which a petition or
186	comparable pleading is forwarded or in which a petition or
187	comparable pleading is filed for forwarding to another state or
188	foreign country in an initiating state.
189	(12)  "Issuing foreign country" means the foreign country
190	in which a tribunal issues a support order or a judgment
191	determining parentage of a child.
192	(13)(9)  "Issuing state" means the state in which a
193	tribunal issues a support order or renders a judgment
194	determining parentage of a child.
195	(14)(10)  "Issuing tribunal" means the tribunal of a state
196	or foreign country that issues a support order or renders a
197	judgment determining parentage of a child.
198	(15)(11)  "Law" includes decisional and statutory law and
199	rules and regulations having the force of law.
200	(16)(12)  "Obligee" means:
201	(a)  An individual to whom a duty of support is or is
202	alleged to be owed or in whose favor a support order has been
203	issued or a judgment determining parentage of a child has been
204	issued rendered;
205	(b)  A foreign country, state, or political subdivision of
206	a state to which the rights under a duty of support or support
207	order have been assigned or which has independent claims based
208	on financial assistance provided to an individual obligee in
209	place of child support; or
210	(c)  An individual seeking a judgment determining parentage
211	of the individual's child; or
212	(d)  A person that is a creditor in a proceeding under part
213	VII of this chapter.
214	(17)(13)  "Obligor" means an individual, or the estate of a
215	decedent that:
216	(a)  Who Owes or is alleged to owe a duty of support;
217	(b)  Who Is alleged but has not been adjudicated to be a
218	parent of a child; or
219	(c)  Who Is liable under a support order; or
220	(d)  Is a debtor in a proceeding under part VII.
221	(18)  "Outside this state" means a location in another
222	state or a country other than the United States, whether or not
223	the country is a foreign country.
224	(19)  "Person" means an individual, corporation, business
225	trust, estate, trust, partnership, limited liability company,
226	association, joint venture, public corporation, government, or
227	governmental subdivision, agency, or instrumentality or any
228	other legal or commercial entity.
229	(20)  "Record" means information that is inscribed on a
230	tangible medium or that is stored in an electronic or other
231	medium that is retrievable in perceivable form.
232	(21)(14)  "Register" means to record or file in a tribunal
233	of this state a support order or judgment determining parentage
234	of a child issued in another state or a foreign country in the
235	Registry of Foreign Support Orders of the circuit court, or
236	other appropriate location for the recording or filing of
237	foreign judgments generally or foreign support orders
238	specifically.
239	(22)(15)  "Registering tribunal" means a tribunal in which
240	a support order or judgment determining parentage of a child is
241	registered.
242	(23)(16)  "Responding state" means a state in which a
243	petition or comparable pleading for support or to determine
244	parentage of a child proceeding is filed or to which a petition
245	or comparable pleading proceeding is forwarded for filing from
246	another state or a foreign country an initiating state under
247	this act or a law or procedure substantially similar to this
248	act, the Uniform Reciprocal Enforcement of Support Act, or the
249	Revised Uniform Reciprocal Enforcement of Support Act.
250	(24)(17)  "Responding tribunal" means the authorized
251	tribunal in a responding state or a foreign country.
252	(25)(18)  "Spousal-support order" means a support order for
253	a spouse or former spouse of the obligor.
254	(26)(19)  "State" means a state of the United States, the
255	District of Columbia, Puerto Rico, the United States Virgin
256	Islands, or any territory or insular possession under subject to
257	the jurisdiction of the United States. The term includes:
258	(a)  an Indian nation or tribe; and
259	(b)  A foreign jurisdiction that has enacted a law or
260	established procedures for issuance and enforcement of support
261	orders which are substantially similar to the procedures under
262	this act, the Uniform Reciprocal Enforcement of Support Act, or
263	the Revised Uniform Reciprocal Enforcement of Support Act, as
264	determined by the Attorney General.
265	(27)(20)  "Support enforcement agency" means a public
266	official, governmental entity, or private agency authorized to
267	seek:
268	(a)  Seek enforcement of support orders or laws relating to
269	the duty of support;
270	(b)  Seek establishment or modification of child support;
271	(c)  Request determination of parentage of a child; or
272	(d)  Attempt to locate obligors or their assets; or
273	(e)  Request determination of the controlling child support
274	order.
275	(28)(21)  "Support order" means a judgment, decree, or
276	order, decision, or directive, whether temporary, final, or
277	subject to modification, issued in a state or foreign country
278	for the benefit of a child, a spouse, or a former spouse, which
279	provides for monetary support, health care, arrearages,
280	retroactive support, or reimbursement for financial assistance
281	provided to an individual obligee in place of child support. The
282	term, and may include related costs and fees, interest, income
283	withholding, automatic adjustment, reasonable attorney's fees,
284	and other relief.
285	(29)(22)  "Tribunal" means a court, administrative agency,
286	or quasi-judicial entity authorized to establish, enforce, or
287	modify support orders or to determine parentage of a child.
288	Section 2.  Section 88.1021, Florida Statutes, is amended
289	to read:
290	88.1021  Tribunal of State tribunal and support enforcement
291	agency.-
292	(1)  The circuit court or other appropriate court,
293	administrative agency, quasi-judicial entity, or combination is
294	the tribunal of this state.
295	(2)  The Department of Revenue is the support enforcement
296	agency of this state.
297	Section 3.  Section 88.1031, Florida Statutes, is amended
298	to read:
299	88.1031  Remedies cumulative.-
300	(1)  Remedies provided by this act are cumulative and do
301	not affect the availability of remedies under other law, or the
302	recognition of a foreign support order on the basis of comity.
303	(2)  This act does not:
304	(a)  Provide the exclusive method of establishing or
305	enforcing a support order under the law of this state; or
306	(b)  Grant a tribunal of this state jurisdiction to render
307	judgment or issue an order relating to child custody or
308	visitation in a proceeding under this act.
309	Section 4.  Section 88.1041, Florida Statutes, is created
310	to read:
311	88.1041  Application of act to resident of foreign country
312	and foreign support proceeding.-
313	(1)  A tribunal of this state shall apply parts I through
314	VI of this chapter, and, as applicable, part VII of this
315	chapter, to a support proceeding involving:
316	(a)  A foreign support order;
317	(b)  A foreign tribunal; or
318	(c)  An obligee, obligor, or child residing in a foreign
319	country.
320	(2)  A tribunal of this state that is requested to
321	recognize and enforce a support order on the basis of comity may
322	apply the procedural and substantive provisions of parts I
323	through VI of this chapter.
324	(3)  Part VII of this chapter applies only to a support
325	proceeding under the convention. In such a proceeding, if a
326	provision of part VII of this chapter is inconsistent with parts
327	I through VI of this chapter, part VII of this chapter controls.
328	Section 5.  Section 88.2011, Florida Statutes, is amended
329	to read:
330	88.2011  Bases for jurisdiction over nonresident.-
331	(1)  In a proceeding to establish or, enforce, or modify a
332	support order or to determine parentage of a child, a tribunal
333	of this state may exercise personal jurisdiction over a
334	nonresident individual or the individual's guardian or
335	conservator if:
336	(a)(1)  The individual is personally served with citation,
337	summons, or notice within this state;
338	(b)(2)  The individual submits to the jurisdiction of this
339	state by consent in a record, by entering a general appearance,
340	or by filing a responsive document having the effect of waiving
341	any contest to personal jurisdiction;
342	(c)(3)  The individual resided with the child in this
343	state;
344	(d)(4)  The individual resided in this state and provided
345	prenatal expenses or support for the child;
346	(e)(5)  The child resides in this state as a result of the
347	acts or directives of the individual;
348	(f)(6)  The individual engaged in sexual intercourse in
349	this state and the child may have been conceived by that act of
350	intercourse;
351	(g)(7)  The individual asserted parentage of a child in a
352	tribunal or in a putative father registry maintained in this
353	state by the appropriate agency; or
354	(h)(8)  There is any other basis consistent with the
355	constitutions of this state and the United States for the
356	exercise of personal jurisdiction.
357	(2)  The bases of personal jurisdiction set forth in
358	subsection (1) or in any other law of this state may not be used
359	to acquire personal jurisdiction for tribunal of this state to
360	modify a child support order of another state unless the
361	requirements of s. 88.6111 are met, or, in the case of a foreign
362	support order, unless the requirements of s. 88.6151 are met.
363	Section 6.  Section 88.2021, Florida Statutes, is amended
364	to read:
365	88.2021  Duration of personal Procedure when exercising
366	jurisdiction over nonresident.-Personal jurisdiction acquired by
367	a tribunal of this state in a proceeding under this act or other
368	law of this state relating to a support order continues as long
369	as a tribunal of this state has continuing, exclusive
370	jurisdiction to modify its order or continuing jurisdiction to
371	enforce its order as provided by ss. 88.2051, 88.2061, and
372	88.2111 A tribunal of this state exercising personal
373	jurisdiction over a nonresident under s. 88.2011 may apply s.
374	88.3161 (special rules of evidence and procedure) to receive
375	evidence from another state, and s. 88.3181 (assistance with
376	discovery) to obtain discovery through a tribunal of another
377	state. In all other respects, parts III through VII of this
378	chapter do not apply and the tribunal shall apply the procedural
379	and substantive law of this state, including the rules on choice
380	of law other than those established by this act.
381	Section 7.  Section 88.2031, Florida Statutes, is amended
382	to read:
383	88.2031  Initiating and responding tribunal of state.-Under
384	this act, a tribunal of this state may serve as an initiating
385	tribunal to forward proceedings to a tribunal of another state
386	and as a responding tribunal for proceedings initiated in
387	another state or a foreign country.
388	Section 8.  Section 88.2041, Florida Statutes, is amended
389	to read:
390	88.2041  Simultaneous proceedings in another state.-
391	(1)  A tribunal of this state may exercise jurisdiction to
392	establish a support order if the petition or comparable pleading
393	is filed after a petition or comparable pleading is filed in
394	another state or a foreign country only if:
395	(a)  The petition or comparable pleading in this state is
396	filed before the expiration of the time allowed in the other
397	state or the foreign country for filing a responsive pleading
398	challenging the exercise of jurisdiction by the other state or
399	the foreign country;
400	(b)  The contesting party timely challenges the exercise of
401	jurisdiction in the other state or the foreign country; and
402	(c)  If relevant, this state is the home state of the
403	child.
404	(2)  A tribunal of this state may not exercise jurisdiction
405	to establish a support order if the petition or comparable
406	pleading is filed before a petition or comparable pleading is
407	filed in another state or a foreign country if:
408	(a)  The petition or comparable pleading in the other state
409	or the foreign country is filed before the expiration of the
410	time allowed in this state for filing a responsive pleading
411	challenging the exercise of jurisdiction by this state;
412	(b)  The contesting party timely challenges the exercise of
413	jurisdiction in this state; and
414	(c)  If relevant, the other state or the foreign country is
415	the home state of the child.
416	Section 9.  Section 88.2051, Florida Statutes, is amended
417	to read:
418	88.2051  Continuing exclusive jurisdiction.-
419	(1)  A tribunal of this state that has issued issuing a
420	child support order consistent with the law of this state has
421	and shall exercise continuing, exclusive jurisdiction to modify
422	its over a child support order if the order is the controlling
423	order and:
424	(a)  At the time of the filing of a request for
425	modification, As long as this state is remains the residence of
426	the obligor, the individual obligee, or the child for whose
427	benefit the support order is issued; or
428	(b)  Even if this state is not the residence of the
429	obligor, the individual obligee, or the child for whose benefit
430	the support order is issued, the parties consent in a record or
431	in open court that the tribunal of this state may continue to
432	exercise jurisdiction to modify its order Until all of the
433	parties who are individuals have filed written consents with the
434	tribunal of this state for a tribunal of another state to modify
435	the order and assume continuing exclusive jurisdiction.
436	(2)  A tribunal of this state that has issued issuing a
437	child support order consistent with the law of this state may
438	not exercise its continuing, exclusive jurisdiction to modify
439	the order if: the order has been modified by a tribunal of
440	another state pursuant to this act or a law substantially
441	similar to this act.
442	(a)  All of the parties who are individuals file consent in
443	a record with the tribunal of this state that a tribunal of
444	another state that has jurisdiction over at least one of the
445	parties who is an individual or that is located in the state of
446	residence of the child may modify the order and assume
447	continuing, exclusive jurisdiction; or
448	(b)  Its order is not the controlling order.
449	(3)  If a child support order of this state is modified by
450	a tribunal of another state pursuant to this act or a law
451	substantially similar to this act, a tribunal of this state
452	loses its continuing exclusive jurisdiction with regard to
453	prospective enforcement of the order issued in this state, and
454	may only:
455	(a)  Enforce the order that was modified as to amounts
456	accruing before the modification;
457	(b)  Enforce nonmodifiable aspects of that order; and
458	(c)  Provide other appropriate relief for violations of
459	that order which occurred before the effective date of the
460	modification.
461	(3)(4)  If a tribunal of this state shall recognize the
462	continuing exclusive jurisdiction of a tribunal of another state
463	which has issued a child support order pursuant to this act or a
464	law substantially similar to this act which modifies a child
465	support order of a tribunal of this state, tribunals of this
466	state shall recognize the continuing, exclusive jurisdiction of
467	the tribunal of the other state.
468	(4)  A tribunal of this state that lacks continuing,
469	exclusive jurisdiction to modify a child support order may serve
470	as an initiating tribunal to request a tribunal of another state
471	to modify a support order issued in that state.
472	(5)  A temporary support order issued ex parte or pending
473	resolution of a jurisdictional conflict does not create
474	continuing exclusive jurisdiction in the issuing tribunal.
475	(6)  A tribunal of this state issuing a support order
476	consistent with the law of this state has continuing exclusive
477	jurisdiction over a spousal support order throughout the
478	existence of the support obligation. A tribunal of this state
479	may not modify a spousal support order issued by a tribunal of
480	another state having continuing exclusive jurisdiction over that
481	order under the law of that state.
482	Section 10.  Section 88.2061, Florida Statutes, is amended
483	to read:
484	88.2061  Enforcement and modification of support order by
485	tribunal having Continuing jurisdiction to enforce child support
486	order.-
487	(1)  A tribunal of this state that has issued a child
488	support order consistent with the law of this state may serve as
489	an initiating tribunal to request a tribunal of another state to
490	enforce: or modify a support order issued in that state.
491	(a)  The order if the order is the controlling order and
492	has not been modified by a tribunal of another state that
493	assumed jurisdiction pursuant to the Uniform Interstate Family
494	Support Act; or
495	(b)  A money judgment for arrears of support and interest
496	on the order accrued before a determination that an order of a
497	tribunal of another state is the controlling order.
498	(2)  A tribunal of this state having continuing exclusive
499	jurisdiction over a support order may act as a responding
500	tribunal to enforce or modify the order. If a party subject to
501	the continuing exclusive jurisdiction of the tribunal no longer
502	resides in the issuing state, in subsequent proceedings the
503	tribunal may apply s. 88.3161 (special rules of evidence and
504	procedure) to receive evidence from another state and s. 88.3181
505	(assistance with discovery) to obtain discovery through a
506	tribunal of another state.
507	(3)  A tribunal of this state which lacks continuing
508	exclusive jurisdiction over a spousal support order may not
509	serve as a responding tribunal to modify a spousal support order
510	of another state.
511	Section 11.  Section 88.2071, Florida Statutes, is amended
512	to read:
513	88.2071  Determination Recognition of controlling child
514	support order.-
515	(1)  If a proceeding is brought under this act and only one
516	tribunal has issued a child support order, the order of that
517	tribunal controls and must be so recognized.
518	(2)  If a proceeding is brought under this act, and two or
519	more child support orders have been issued by tribunals of this
520	state, or another state, or a foreign country with regard to the
521	same obligor and the same child, a tribunal of this state having
522	personal jurisdiction over both the obligor and individual
523	obligee shall apply the following rules and by order shall
524	determine in determining which order controls and must be
525	recognized to recognize for purposes of continuing, exclusive
526	jurisdiction:
527	(a)  If only one of the tribunals would have continuing,
528	exclusive jurisdiction under this act, the order of that
529	tribunal controls and must be so recognized.
530	(b)  If more than one of the tribunals would have
531	continuing, exclusive jurisdiction under this act:,
532	1.  An order issued by a tribunal in the current home state
533	of the child controls; or and must be so recognized, but
534	2.  If an order has not been issued in the current home
535	state of the child, the order most recently issued controls and
536	must be so recognized.
537	(c)  If none of the tribunals would have continuing,
538	exclusive jurisdiction under this act, the tribunal of this
539	state having jurisdiction over the parties shall issue a child
540	support order, which controls and must be so recognized.
541	(3)  If two or more child support orders have been issued
542	for the same obligor and the same child, upon request of and if
543	the obligor or the individual obligee resides in this state, a
544	party who is an individual or that is a support enforcement
545	agency, may request a tribunal of this state having personal
546	jurisdiction over both the obligor and the obligee who is an
547	individual shall to determine which order controls and must be
548	so recognized under subsection (2). The request may be filed
549	with a registration for enforcement or registration for
550	modification pursuant to part VI of this chapter, or may be
551	filed as a separate proceeding must be accompanied by a
552	certified copy of every support order in effect. The requesting
553	party shall give notice of the request to each party whose
554	rights may be affected by the determination.
555	(4)  A request to determine which is the controlling order
556	must be accompanied by a copy of every child support order in
557	effect and the applicable record of payments. The requesting
558	party shall give notice of the request to each party whose
559	rights may be affected by the determination.
560	(5)(4)  The tribunal that issued the controlling order
561	under subsection (1), subsection (2), or subsection (3) is the
562	tribunal that has continuing, exclusive jurisdiction to the
563	extent provided in s. under s. 88.2051 or s. 88.2061.
564	(6)(5)  A tribunal of this state that which determines by
565	order which is the identity of the controlling order under
566	paragraph (2)(a), or paragraph (2)(b), or subsection (3) or that
567	which issues a new controlling order under paragraph (2)(c)
568	shall state in that order:
569	(a)  The basis upon which the tribunal made its
570	determination;.
571	(b)  The amount of prospective support, if any; and
572	(c)  The total amount of consolidated arrears and accrued
573	interest, if any, under all of the orders after all payments
574	made are credited as provided by s. 88.2091.
575	(7)(6)  Within 30 days after issuance of an order
576	determining which is the identity of the controlling order, the
577	party obtaining the order shall file a certified copy of it in
578	with each tribunal that issued or registered an earlier order of
579	child support. A party or support enforcement agency obtaining
580	who obtains the order that and fails to file a certified copy is
581	subject to appropriate sanctions by a tribunal in which the
582	issue of failure to file arises. The failure to file does not
583	affect the validity or enforceability of the controlling order.
584	(8)  An order that has been determined to be the
585	controlling order, or a judgment for consolidated arrears of
586	support and interest, if any, made pursuant to this section must
587	be recognized in proceedings under this act.
588	Section 12.  Section 88.2081, Florida Statutes, is amended
589	to read:
590	88.2081  Multiple Child support orders for two or more
591	obligees.-In responding to multiple registrations, petitions, or
592	comparable pleadings for enforcement of two or more child
593	support orders in effect at the same time with regard to the
594	same obligor and different individual obligees, at least one of
595	which was issued by a tribunal of another state or a foreign
596	country, a tribunal of this state shall enforce those orders in
597	the same manner as if the multiple orders had been issued by a
598	tribunal of this state.
599	Section 13.  Section 88.2091, Florida Statutes, is amended
600	to read:
601	88.2091  Credit for payments.-A tribunal of this state
602	shall credit amounts collected and credited for a particular
603	period pursuant to any child support order against the amounts
604	owed for the same period under any other child support order for
605	support of the same child a support order issued by a tribunal
606	of another state must be credited against the amounts accruing
607	or accrued for the same period under a support order issued by
608	the tribunal of this state, another state, or a foreign country.
609	Section 14.  Section 88.2101, Florida Statutes, is created
610	to read:
611	88.2101  Application of act to nonresident subject to
612	personal jurisdiction.-A tribunal of this state exercising
613	personal jurisdiction over a nonresident in a proceeding under
614	this act, under another law of this state relating to a support
615	order, or recognizing a foreign support order may receive
616	evidence from outside this state pursuant to s. 88.3161,
617	communicate with a tribunal outside this state pursuant to s.
618	88.3171, and obtain discovery through a tribunal outside this
619	state pursuant to s. 88.3181. In all other respects, parts III
620	through VI of this chapter do not apply, and the tribunal shall
621	apply the procedural and substantive law of this state.
622	Section 15.  Section 88.2111, Florida Statutes, is created
623	to read:
624	88.2111  Continuing, exclusive jurisdiction to modify
625	spousal support order.-
626	(1)  A tribunal of this state issuing a spousal support
627	order consistent with the law of this state has continuing,
628	exclusive jurisdiction to modify the spousal support order
629	throughout the existence of the support obligation.
630	(2)  A tribunal of this state may not modify a spousal
631	support order issued by a tribunal of another state or foreign
632	country having continuing, exclusive jurisdiction over that
633	order under the law of that state or foreign country.
634	(3)  A tribunal of this state that has continuing,
635	exclusive jurisdiction over a spousal support order may serve
636	as:
637	(a)  An initiating tribunal to request a tribunal of
638	another state to enforce the spousal support order issued in
639	this state; or
640	(b)  A responding tribunal to enforce or modify its own
641	spousal support order.
642	Section 16.  Section 88.3011, Florida Statutes, is amended
643	to read:
644	88.3011  Proceedings under this act.-
645	(1)  Except as otherwise provided in this act, this part
646	article applies to all proceedings under this act.
647	(2)  This act provides for the following proceedings:
648	(a)  Establishment of an order for spousal support or child
649	support pursuant to part IV;
650	(b)  Enforcement of a support order and income-withholding
651	order of another state without registration pursuant to part V;
652	(c)  Registration of an order for spousal support or child
653	support of another state for enforcement pursuant to part VI;
654	(d)  Modification of an order for child support or spousal
655	support issued by a tribunal of this state pursuant to ss.
656	88.2031-88.2061;
657	(e)  Registration of an order for child support of another
658	state for modification pursuant to part VI;
659	(f)  Determination of parentage pursuant to part VII; and
660	(g)  Assertion of jurisdiction over nonresidents pursuant
661	to ss. 88.2011-88.2021.
662	(2)(3)  An individual petitioner or a support enforcement
663	agency may initiate commence a proceeding authorized under this
664	act by filing a petition or a comparable pleading in an
665	initiating tribunal for forwarding to a responding tribunal or
666	by filing a petition or a comparable pleading directly in a
667	tribunal of another state or a foreign country which has or can
668	obtain personal jurisdiction over the respondent.
669	Section 17.  Section 88.3021, Florida Statutes, is amended
670	to read:
671	88.3021  Proceeding Action by minor parent.-A minor parent,
672	or a guardian or other legal representative of a minor parent,
673	may maintain a proceeding on behalf of or for the benefit of the
674	minor's child.
675	Section 18.  Section 88.3031, Florida Statutes, is amended
676	to read:
677	88.3031  Application of law of state.-Except as otherwise
678	provided in by this act, a responding tribunal of this state
679	shall:
680	(1)  Shall Apply the procedural and substantive law,
681	including the rules on choice of law, generally applicable to
682	similar proceedings originating in this state and may exercise
683	all powers and provide all remedies available in those
684	proceedings; and
685	(2)  Shall Determine the duty of support and the amount
686	payable in accordance with the law and support guidelines of
687	this state.
688	Section 19.  Section 88.3041, Florida Statutes, is amended
689	to read:
690	88.3041  Duties of initiating tribunal.-
691	(1)  Upon the filing of a petition or comparable pleading
692	authorized by this act, an initiating tribunal of this state
693	shall forward three copies of the petition and its accompanying
694	documents or a comparable pleading and its accompanying
695	documents:
696	(a)  To the responding tribunal or appropriate support
697	enforcement agency in the responding state; or
698	(b)  If the identity of the responding tribunal is unknown,
699	to the state information agency of the responding state with a
700	request that they be forwarded to the appropriate tribunal and
701	that receipt be acknowledged.
702	(2)  If requested by the responding tribunal a responding
703	state has not enacted this act or a law or procedure
704	substantially similar to this act, a tribunal of this state
705	shall may issue a certificate or other document and make
706	findings required by the law of the responding state. If the
707	responding tribunal state is in a foreign country jurisdiction,
708	upon request the tribunal of this state shall may specify the
709	amount of support sought, convert that amount into the
710	equivalent amount in the foreign currency under applicable
711	official or market exchange rate as publicly reported, and
712	provide any other documents necessary to satisfy the
713	requirements of the responding foreign tribunal state.
714	Section 20.  Section 88.3051, Florida Statutes, is amended
715	to read:
716	88.3051  Duties and powers of responding tribunal.-
717	(1)  When a responding tribunal of this state receives a
718	petition or comparable pleading from an initiating tribunal or
719	directly pursuant to s. 88.3011(2)(3), it shall cause the
720	petition or comparable pleading to be filed and notify the
721	petitioner where and when it was filed.
722	(2)  A responding tribunal of this state, to the extent not
723	prohibited otherwise authorized by other law, may do one or more
724	of the following:
725	(a)  Establish Issue or enforce a support order, modify a
726	child support order, determine the controlling child support
727	order, or render a judgment to determine parentage of a child.
728	(b)  Order an obligor to comply with a support order,
729	specifying the amount and the manner of compliance.
730	(c)  Order income withholding.
731	(d)  Determine the amount of any arrearages, and specify a
732	method of payment.
733	(e)  Enforce orders by civil or criminal contempt, or both.
734	(f)  Set aside property for satisfaction of the support
735	order.
736	(g)  Place liens and order execution on the obligor's
737	property.
738	(h)  Order an obligor to keep the tribunal informed of the
739	obligor's current residential address, electronic mail address,
740	telephone number, employer, address of employment, and telephone
741	number at the place of employment.
742	(i)  Issue a bench warrant, capias, or writ of bodily
743	attachment for an obligor who has failed after proper notice to
744	appear at a hearing ordered by the tribunal and enter the bench
745	warrant, capias, or writ of bodily attachment in any local and
746	state computer systems for criminal warrants.
747	(j)  Order the obligor to seek appropriate employment by
748	specified methods.
749	(k)  Award reasonable attorney's fees and other fees and
750	costs.
751	(l)  Grant any other available remedy.
752	(3)  A responding tribunal of this state shall include in a
753	support order issued under this act, or in the documents
754	accompanying the order, the calculations on which the support
755	order is based.
756	(4)  A responding tribunal of this state may not condition
757	the payment of a support order issued under this act upon
758	compliance by a party with provisions for visitation.
759	(5)  If a responding tribunal of this state issues an order
760	under this act, the tribunal shall send a copy of the order to
761	the petitioner and the respondent and to the initiating
762	tribunal, if any.
763	(6)  If requested to enforce a support order, arrears, or
764	judgment, or modify a support order stated in a foreign
765	currency, a responding tribunal of this state shall convert the
766	amount stated in the foreign currency to the equivalent amount
767	in dollars under the applicable official or market exchange rate
768	as publicly reported.
769	Section 21.  Section 88.3061, Florida Statutes, is amended
770	to read:
771	88.3061  Inappropriate tribunal.-If a petition or
772	comparable pleading is received by an inappropriate tribunal of
773	this state, the tribunal it shall forward the pleading and
774	accompanying documents to an appropriate tribunal of in this
775	state or another state and notify the petitioner where and when
776	the pleading was sent.
777	Section 22.  Section 88.3071, Florida Statutes, is amended
778	to read:
779	88.3071  Duties of support enforcement agency.-
780	(1)  In a proceeding under this act, a support enforcement
781	agency of this state, upon request:
782	(a)  Shall provide services to a petitioner residing in a
783	state;
784	(b)  Shall provide services to a petitioner requesting
785	services through a central authority of a foreign country as
786	described in s. 88.1011(5)(a) or s. 88.1011(5)(d); and
787	(c)  May provide services to a petitioner who is an
788	individual not residing in a state A support enforcement agency
789	of this state, upon request, shall provide services to a
790	petitioner in a proceeding under this act.
791	(2)  A support enforcement agency that is providing
792	services to the petitioner as appropriate shall:
793	(a)  Take all steps necessary to enable an appropriate
794	tribunal in this state, or another state, or a foreign country
795	to obtain jurisdiction over the respondent.
796	(b)  Request an appropriate tribunal to set a date, time,
797	and place for a hearing.
798	(c)  Make a reasonable effort to obtain all relevant
799	information, including information as to income and property of
800	the parties.
801	(d)  Within 10 days, exclusive of Saturdays, Sundays, and
802	legal holidays, after receipt of a written notice from an
803	initiating, responding, or registering tribunal, send a copy of
804	the notice to the petitioner.
805	(e)  Within 10 days, exclusive of Saturdays, Sundays, and
806	legal holidays, after receipt of a written communication from
807	the respondent or the respondent's attorney, send a copy of the
808	communication to the petitioner.
809	(f)  Notify the petitioner if jurisdiction over the
810	respondent cannot be obtained.
811	(3)  A support enforcement agency of this state that
812	requests registration of a child support order in this state for
813	enforcement or for modification shall make reasonable efforts:
814	(a)  To ensure that the order to be registered is the
815	controlling order; or
816	(b)  If two or more child support orders exist and the
817	identity of the controlling order has not been determined, to
818	ensure that a request for such a determination is made in a
819	tribunal having jurisdiction to do so.
820	(4)  A support enforcement agency of this state that
821	requests registration and enforcement of a support order,
822	arrears, or judgment stated in a foreign currency shall convert
823	the amounts stated in the foreign currency into the equivalent
824	amounts in dollars under the applicable official or market
825	exchange rate as publicly reported.
826	(5)  A support enforcement agency of this state shall issue
827	or request a tribunal of this state to issue a child support
828	order and an income-withholding order that redirect payment of
829	current support, arrears, and interest if requested to do so by
830	a support enforcement agency of another state pursuant to s.
831	88.3191.
832	(6)(3)  This act does not create or negate a relationship
833	of attorney and client or other fiduciary relationship between a
834	support enforcement agency or the attorney for the agency and
835	the individual being assisted by the agency.
836	Section 23.  Section 88.3081, Florida Statutes, is amended
837	to read:
838	88.3081  Duty of Governor and Cabinet.-
839	(1)  If the Governor and Cabinet determine that the support
840	enforcement agency is neglecting or refusing to provide services
841	to an individual, the Governor and Cabinet may order the agency
842	to perform its duties under this act or may provide those
843	services directly to the individual.
844	(2)  The Governor and Cabinet may determine that a foreign
845	country has established a reciprocal arrangement for child
846	support with this state and take appropriate action for
847	notification of the determination.
848	Section 24.  Paragraph (c) of subsection (2) of section
849	88.3101, Florida Statutes, is amended to read:
850	88.3101  Duties of state information agency.-
851	(2)  The state information agency shall:
852	(c)  Forward to the appropriate tribunal in the place in
853	this state in which the individual obligee who is an individual
854	or the obligor resides, or in which the obligor's property is
855	believed to be located, all documents concerning a proceeding
856	under this act received from another state or a foreign country
857	an initiating tribunal or the state information agency of the
858	initiating state.
859	Section 25.  Subsection (1) of section 88.3111, Florida
860	Statutes, is amended to read:
861	88.3111  Pleadings and accompanying documents.-
862	(1)  In a proceeding under this act, a petitioner seeking
863	to establish or modify a support order, or to determine
864	parentage of a child, or to register and modify a support order
865	of a tribunal of another state or a foreign country in a
866	proceeding under this act must file a verify the petition or
867	comparable pleading. Unless otherwise ordered under s. 88.3121
868	(nondisclosure of information in exceptional circumstances), the
869	petition or comparable pleading or the documents accompanying
870	either the petition or comparable pleading must provide, so far
871	as known, the name, residential address, and social security
872	numbers of the obligor and the obligee or the parent and alleged
873	parent, and the name, sex, residential address, social security
874	number, and date of birth of each child for whose benefit whom
875	support is sought or whose parentage of a child is to be
876	determined. Unless filed at the time of registration, the
877	petition must be accompanied by a certified copy of any support
878	order known to have been issued by another tribunal in effect.
879	The petition may include any other information that may assist
880	in locating or identifying the respondent.
881	Section 26.  Section 88.3121, Florida Statutes, is amended
882	to read:
883	88.3121  Nondisclosure of information in exceptional
884	circumstances.-If a party alleges in an affidavit or a pleading
885	under oath that the health, safety, or liberty of a party or
886	child would be jeopardized by disclosure of specific identifying
887	information, that information must be sealed and may not be
888	disclosed to the other party or the public. After a hearing in
889	which a tribunal takes into consideration the health, safety, or
890	liberty of the party or child, the tribunal may order disclosure
891	of information that the tribunal determines to be in the
892	interest of justice Upon a finding, which may be made ex parte,
893	that the health, safety, or liberty of a party or child would be
894	unreasonably put at risk by the disclosure of identifying
895	information, or if an existing order so provides, a tribunal
896	shall order that the address of the child or party or other
897	identifying information not be disclosed in a pleading or other
898	document filed in a proceeding under this act.
899	Section 27.  Subsection (2) of section 88.3131, Florida
900	Statutes, is amended to read:
901	88.3131  Costs and fees.-
902	(2)  If an obligee prevails, a responding tribunal of this
903	state may assess against an obligor filing fees, reasonable
904	attorney's fees, other costs, and necessary travel and other
905	reasonable expenses incurred by the obligee and the obligee's
906	witnesses. The tribunal may not assess fees, costs, or expenses
907	against the obligee or the support enforcement agency of either
908	the initiating or the responding state or foreign country,
909	except as provided by other law. Attorney's fees may be taxed as
910	costs, and may be ordered paid directly to the attorney, who may
911	enforce the order in the attorney's own name. Payment of support
912	owed to the obligee has priority over fees, costs, and expenses.
913	Section 28.  Subsections (1) and (3) of section 88.3141,
914	Florida Statutes, are amended to read:
915	88.3141  Limited immunity of petitioner.-
916	(1)  Participation by a petitioner in a proceeding under
917	this act before a responding tribunal, whether in person, by
918	private attorney, or through services provided by the support
919	enforcement agency, does not confer personal jurisdiction over
920	the petitioner in another proceeding.
921	(3)  The immunity granted by this section does not extend
922	to civil litigation based on acts unrelated to a proceeding
923	under this act committed by a party while physically present in
924	this state to participate in the proceeding.
925	Section 29.  Section 88.3161, Florida Statutes, is amended
926	to read:
927	88.3161  Special rules of evidence and procedure.-
928	(1)  The physical presence of a nonresident party who is an
929	individual the petitioner in a responding tribunal of this state
930	is not required for the establishment, enforcement, or
931	modification of a support order or the rendition of a judgment
932	determining parentage of a child.
933	(2)  An A verified petition or other comparable pleading,
934	affidavit, a document substantially complying with federally
935	mandated forms, or and a document incorporated by reference in
936	any of them, which would not be excluded under the hearsay rule
937	if given in person, is admissible in evidence if given under
938	penalty of perjury oath by a party or witness residing outside
939	this in another state.
940	(3)  A copy of the record of child support payments
941	certified as a true copy of the original by the custodian of the
942	record may be forwarded to a responding tribunal. The copy is
943	evidence of facts asserted in it, and is admissible to show
944	whether payments were made.
945	(4)  Copies of bills for testing for parentage of a child,
946	and for prenatal and postnatal health care of the mother and
947	child, furnished to the adverse party at least 10 days before
948	trial, are admissible in evidence to prove the amount of the
949	charges billed and that the charges were reasonable, necessary,
950	and customary.
951	(5)  Documentary evidence transmitted from outside this
952	another state to a tribunal of this state by telephone,
953	telecopier, or other electronic means that do not provide an
954	original record writing may not be excluded from evidence on an
955	objection based on the means of transmission.
956	(6)  In a proceeding under this act, a tribunal of this
957	state shall may permit a party or witness residing outside this
958	in another state to be deposed or to testify by telephone,
959	audiovisual means, or other electronic means at a designated
960	tribunal or other location in that state. A tribunal of this
961	state shall cooperate with other tribunals of other states in
962	designating an appropriate location for the deposition or
963	testimony.
964	(7)  If a party called to testify at a civil hearing
965	refuses to answer on the ground that the testimony may be self-
966	incriminating, the trier of fact may draw an adverse inference
967	from the refusal.
968	(8)  A privilege against disclosure of communications
969	between spouses does not apply in a proceeding under this act.
970	(9)  The defense of immunity based on the relationship of
971	husband and wife or parent and child does not apply in a
972	proceeding under this act.
973	(10)  A voluntary acknowledgment of paternity, certified as
974	a true copy, is admissible to establish parentage of a child.
975	Section 30.  Section 88.3171, Florida Statutes, is amended
976	to read:
977	88.3171  Communications between tribunals.-A tribunal of
978	this state may communicate with a tribunal outside this of
979	another state in a record writing, or by telephone, electronic
980	mail, or other means, to obtain information concerning the laws
981	of that state, the legal effect of a judgment, decree, or order
982	of that tribunal, and the status of a proceeding in the other
983	state. A tribunal of this state may furnish similar information
984	by similar means to a tribunal outside this of another state.
985	Section 31.  Section 88.3181, Florida Statutes, is amended
986	to read:
987	88.3181  Assistance with discovery.-A tribunal of this
988	state may:
989	(1)  Request a tribunal outside this of another state to
990	assist in obtaining discovery.
991	(2)  Upon request, compel a person over which whom it has
992	jurisdiction to respond to a discovery order issued by a
993	tribunal outside this of another state.
994	Section 32.  Section 88.3191, Florida Statutes, is amended
995	to read:
996	88.3191  Receipt and disbursement of payments.-
997	(1)  A support enforcement agency or tribunal of this state
998	shall disburse promptly any amounts received pursuant to a
999	support order, as directed by the order. The agency or tribunal
1000	shall furnish to a requesting party or tribunal of another state
1001	or a foreign country a certified statement by the custodian of
1002	the record of the amounts and dates of all payments received.
1003	(2)  If neither the obligor, nor the obligee who is an
1004	individual, nor the child resides in this state, upon request
1005	from the support enforcement agency of this state or another
1006	state, the support enforcement agency of this state or a
1007	tribunal of this state shall:
1008	(a)  Direct that the support payment be made to the support
1009	enforcement agency in the state in which the obligee is
1010	receiving services; and
1011	(b)  Issue and send to the obligor's employer a conforming
1012	income-withholding order or an administrative notice of change
1013	of payee, reflecting the redirected payments.
1014	(3)  The support enforcement agency of this state receiving
1015	redirected payments from another state pursuant to a law similar
1016	to subsection (2) shall furnish to a requesting party or
1017	tribunal of the other state a certified statement by the
1018	custodian of the record of the amount and dates of all payments
1019	received.
1020	Section 33.  Section 88.4011, Florida Statutes, is amended
1021	to read:
1022	88.4011  Establishment of Petition to establish support
1023	order.-
1024	(1)  If a support order entitled to recognition under this
1025	act has not been issued, a responding tribunal of this state
1026	with personal jurisdiction over the parties may issue a support
1027	order if:
1028	(a)  The individual seeking the order resides outside this
1029	in another state; or
1030	(b)  The support enforcement agency seeking the order is
1031	located outside this in another state.
1032	(2)  The tribunal may issue a temporary child support order
1033	if the tribunal determines that such an order is appropriate and
1034	the individual ordered to pay is:
1035	(a)  A presumed father of the child;
1036	(b)  Petitioning to have his paternity adjudicated;
1037	(c)  Identified as the father of the child through genetic
1038	testing;
1039	(d)  An alleged father who has declined to submit to
1040	genetic testing;
1041	(e)  Shown by clear and convincing evidence to be the
1042	father of the child;
1043	(f)  An acknowledged father as provided in s. 382.013, s.
1044	382.016, or s. 742.10;
1045	(g)  The mother of the child; or
1046	(h)  An individual who has been ordered to pay child
1047	support in a previous proceeding and the order has not been
1048	reversed or vacated
1049	(a)  The respondent has signed a verified statement
1050	acknowledging parentage;
1051	(b)  The respondent has been determined by or pursuant to
1052	law to be the parent; or
1053	(c)  There is other clear and convincing evidence that the
1054	respondent is the child's parent.
1055	(3)  Upon finding, after notice and opportunity to be
1056	heard, that an obligor owes a duty of support, the tribunal
1057	shall issue a support order directed to the obligor and may
1058	issue other orders pursuant to s. 88.3051.
1059	Section 34.  The Division of Statutory Revision is directed
1060	to redesignate part V of chapter 88, Florida Statutes, as
1061	"ENFORCEMENT OF SUPPORT ORDER OF ANOTHER STATE WITHOUT
1062	REGISTRATION."
1063	Section 35.  Section 88.5011, Florida Statutes, is amended
1064	to read:
1065	88.5011  Employer's receipt of income-withholding order of
1066	another state.-An income-withholding order issued in another
1067	state may be sent by or on behalf of the obligee, or by the
1068	support enforcement agency, to the person or entity defined as
1069	the obligor's employer under the income deduction law of this
1070	state or payor as defined by s. 61.046, without first filing a
1071	petition or comparable pleading or registering the order with a
1072	tribunal of this state.
1073	Section 36.  Paragraph (b) of subsection (3) of section
1074	88.50211, Florida Statutes, is amended to read:
1075	88.50211  Employer's compliance with income-withholding
1076	order of another state.-
1077	(3)  Except as otherwise provided by subsection (4) and s.
1078	88.5031, the employer shall withhold and distribute the funds as
1079	directed in the withholding order by complying with the terms of
1080	the order which specify:
1081	(b)  The person or agency designated to receive payments
1082	and the address to which the payments are to be forwarded;
1083	Section 37.  Section 88.5031, Florida Statutes, is amended
1084	to read:
1085	88.5031  Employer's compliance with two or more multiple
1086	income-withholding orders.-If the obligor's employer receives
1087	two or more multiple income-withholding orders with respect to
1088	the earnings of the same obligor, the employer satisfies the
1089	terms of the multiple orders if the employer complies with the
1090	law of the state of the obligor's principal place of employment
1091	to establish the priorities for withholding and allocating
1092	income withheld for two or more multiple child support obligees.
1093	Section 38.  Section 88.5041, Florida Statutes, is amended
1094	to read:
1095	88.5041  Immunity from civil liability.-An employer that
1096	who complies with an income-withholding order issued in another
1097	state in accordance with this article is not subject to civil
1098	liability to an individual or agency with regard to the
1099	employer's withholding of child support from the obligor's
1100	income.
1101	Section 39.  Section 88.5051, Florida Statutes, is amended
1102	to read:
1103	88.5051  Penalties for noncompliance.-An employer that who
1104	willfully fails to comply with an income-withholding order
1105	issued by another state and received for enforcement is subject
1106	to the same penalties that may be imposed for noncompliance with
1107	an order issued by a tribunal of this state.
1108	Section 40.  Section 88.5061, Florida Statutes, is amended
1109	to read:
1110	88.5061  Contest by obligor.-
1111	(1)  An obligor may contest the validity or enforcement of
1112	an income-withholding order issued in another state and received
1113	directly by an employer in this state by registering the order
1114	in a tribunal of this state and filing a contest to that order
1115	as provided in part VI of this chapter, or otherwise contesting
1116	the order in the same manner as if the order had been issued by
1117	a tribunal of this state. Section 88.6041, choice of law,
1118	applies to the contest.
1119	(2)  The obligor shall give notice of the contest to:
1120	(a)  A support enforcement agency providing services to the
1121	obligee;
1122	(b)  Each employer that has directly received an income-
1123	withholding order relating to the obligor; and
1124	(c)  The person or agency designated to receive payments in
1125	the income-withholding order, or if no person or agency is
1126	designated, to the obligee.
1127	Section 41.  Subsection (1) of section 88.5071, Florida
1128	Statutes, is amended to read:
1129	88.5071  Administrative enforcement of orders.-
1130	(1)  A party or support enforcement agency seeking to
1131	enforce a support order or an income-withholding order, or both,
1132	issued in by a tribunal of another state or a foreign support
1133	order may send the documents required for registering the order
1134	to a support enforcement agency of this state.
1135	Section 42.  (1)  The Division of Statutory Revision is
1136	directed to redesignate part VI of chapter 88, Florida Statutes,
1137	as "REGISTRATION, ENFORCEMENT, AND MODIFICATION OF SUPPORT
1138	ORDER."
1139	(2)  The Division of Statutory Revision is directed to
1140	divide part VI of chapter 88, Florida Statutes, into subpart A,
1141	consisting of ss. 88.6011-88.6041, Florida Statutes, to be
1142	entitled "Registration and Enforcement of Support Order;"
1143	subpart B, consisting of ss. 88.6051-88.6081, Florida Statutes,
1144	to be entitled "Contest of Validity or Enforcement;" subpart C,
1145	consisting of ss. 88.6091-88.6141, Florida Statutes, to be
1146	entitled "Registration and Modification of Child Support Order
1147	of Another State;" and subpart D, consisting of ss. 88.6151 and
1148	88.6161, Florida Statutes, to be entitled "Registration and
1149	Modification of Foreign Child Support Order."
1150	Section 43.  Section 88.6011, Florida Statutes, is amended
1151	to read:
1152	88.6011  Registration of order for enforcement.-A support
1153	order or an income-withholding order issued in by a tribunal of
1154	another state or a foreign support order may be registered in
1155	this state for enforcement.
1156	Section 44.  Section 88.6021, Florida Statutes, is amended
1157	to read:
1158	88.6021  Procedure to register order for enforcement.-
1159	(1)  Except as otherwise provided in s. 88.7061, a support
1160	order or income-withholding order of another state or a foreign
1161	support order may be registered in this state by sending the
1162	following records documents and information to the appropriate
1163	tribunal in this state:
1164	(a)  A letter of transmittal to the tribunal requesting
1165	registration and enforcement.
1166	(b)  Two copies, including one certified copy, of the order
1167	all orders to be registered, including any modification of the
1168	an order.
1169	(c)  A sworn statement by the person requesting party
1170	seeking registration or a certified statement by the custodian
1171	of the records showing the amount of any arrearage.
1172	(d)  The name of the obligor and, if known:
1173	1.  The obligor's address and social security number.
1174	2.  The name and address of the obligor's employer and any
1175	other source of income of the obligor.
1176	3.  A description and the location of property of the
1177	obligor in this state not exempt from execution.
1178	(e)  Except as otherwise provided in s. 88.3121, the name
1179	and address of the obligee and, if applicable, the agency or
1180	person to whom support payments are to be remitted.
1181	(2)  On receipt of a request for registration, the
1182	registering tribunal shall cause the order to be filed as an
1183	order of a tribunal of another state or a foreign support order
1184	a foreign judgment, together with one copy of the documents and
1185	information, regardless of their form.
1186	(3)  A petition or comparable pleading seeking a remedy
1187	that must be affirmatively sought under other law of this state
1188	may be filed at the same time as the request for registration or
1189	later. The pleading must specify the grounds for the remedy
1190	sought.
1191	(4)  If two or more orders are in effect, the person
1192	requesting registration shall:
1193	(a)  Furnish to the tribunal a copy of every support order
1194	asserted to be in effect in addition to the documents specified
1195	in this section;
1196	(b)  Specify the order alleged to be the controlling order,
1197	if any; and
1198	(c)  Specify the amount of consolidated arrears, if any.
1199	(5)  A request for a determination of which is the
1200	controlling order may be filed separately or with a request for
1201	registration and enforcement or for registration and
1202	modification. The person requesting registration shall give
1203	notice of the request to each party whose rights may be affected
1204	by the determination.
1205	Section 45.  Section 88.6031, Florida Statutes, is amended
1206	to read:
1207	88.6031  Effect of registration for enforcement.-
1208	(1)  A support order or income-withholding order issued in
1209	another state or a foreign support order is registered when the
1210	order is filed in the registering tribunal of this state.
1211	(2)  A registered support order issued in another state or
1212	a foreign country is enforceable in the same manner and is
1213	subject to the same procedures as an order issued by a tribunal
1214	of this state.
1215	(3)  Except as otherwise provided in this act article, a
1216	tribunal of this state shall recognize and enforce, but may not
1217	modify, a registered support order if the issuing tribunal had
1218	jurisdiction.
1219	Section 46.  Section 88.6041, Florida Statutes, is amended
1220	to read:
1221	88.6041  Choice of law.-
1222	(1)  Except as otherwise provided in subsection (4), the
1223	law of the issuing state or foreign country governs:
1224	(a)  The nature, extent, amount, and duration of current
1225	payments under a registered support order; and other obligations
1226	of support and
1227	(b)  The computation and payment of arrearages and accrual
1228	of interest on the arrearages under the order; and
1229	(c)  The existence and satisfaction of other obligations
1230	under the support order.
1231	(2)  In a proceeding for arrears under a registered support
1232	order arrearages, the statute of limitation under the laws of
1233	this state or of the issuing state or foreign country, whichever
1234	is longer, applies.
1235	(3)  A responding tribunal of this state shall apply the
1236	procedures and remedies of this state to enforce current support
1237	and collect arrears and interest due on a support order of
1238	another state or foreign country registered in this state.
1239	(4)  After a tribunal of this or another state determines
1240	which is the controlling order and issues an order consolidating
1241	arrears, if any, a tribunal of this state shall prospectively
1242	apply the law of the state or foreign country issuing the
1243	controlling order, including its law on interest on arrears, on
1244	current and future support, and on consolidated arrears.
1245	Section 47.  Section 88.6051, Florida Statutes, is amended
1246	to read:
1247	88.6051  Notice of registration of order.-
1248	(1)  When a support order or income-withholding order
1249	issued in another state or a foreign support order is
1250	registered, the registering tribunal of this state shall notify
1251	the nonregistering party. The notice must be accompanied by a
1252	copy of the registered order and the documents and relevant
1253	information accompanying the order.
1254	(2)  A The notice must inform the nonregistering party:
1255	(a)  That a registered order is enforceable as of the date
1256	of registration in the same manner as an order issued by a
1257	tribunal of this state.
1258	(b)  That a hearing to contest the validity or enforcement
1259	of the registered order must be requested within 20 days after
1260	the date of mailing or personal service of the notice, unless
1261	the registered order is under s. 88.7071.
1262	(c)  That failure to contest the validity or enforcement of
1263	the registered order in a timely manner will result in
1264	confirmation of the order and enforcement of the order and the
1265	alleged arrearages and precludes further contest of that order
1266	with respect to any matter that could have been asserted.
1267	(d)  Of the amount of any alleged arrearages.
1268	(3)  If the registering party asserts that two or more
1269	orders are in effect, a notice must also:
1270	(a)  Identify the two or more orders and the order alleged
1271	by the registering party to be the controlling order and the
1272	consolidated arrears, if any;
1273	(b)  Notify the nonregistering party of the right to a
1274	determination of which is the controlling order;
1275	(c)  State that the procedures provided in subsection (2)
1276	apply to the determination of which is the controlling order;
1277	and
1278	(d)  State that failure to contest the validity or
1279	enforcement of the order alleged to be the controlling order in
1280	a timely manner may result in confirmation that the order is the
1281	controlling order.
1282	(4)(3)  Upon registration of an income-withholding order
1283	for enforcement, the support enforcement agency or the
1284	registering tribunal shall notify the obligor's employer
1285	pursuant to chapter 61 or other income deduction law of this
1286	state.
1287	Section 48.  Subsections (1) and (2) of section 88.6061,
1288	Florida Statutes, are amended to read:
1289	88.6061  Procedure to contest validity or enforcement of
1290	registered order.-
1291	(1)  A nonregistering party seeking to contest the validity
1292	or enforcement of a registered order in this state shall request
1293	a hearing within the time required by s. 88.6051 20 days after
1294	notice of the registration. The nonregistering party may seek to
1295	vacate the registration, to assert any defense to an allegation
1296	of noncompliance with the registered order, or to contest the
1297	remedies being sought or the amount of any alleged arrearages
1298	pursuant to s. 88.6071.
1299	(2)  If the nonregistering party fails to contest the
1300	validity or enforcement of the registered support order in a
1301	timely manner, the order is confirmed by operation of law.
1302	Section 49.  Section 88.6071, Florida Statutes, is amended
1303	to read:
1304	88.6071  Contest of registration or enforcement.-
1305	(1)  A party contesting the validity or enforcement of a
1306	registered support order or seeking to vacate the registration
1307	has the burden of proving one or more of the following defenses:
1308	(a)  The issuing tribunal lacked personal jurisdiction over
1309	the contesting party;
1310	(b)  The order was obtained by fraud;
1311	(c)  The order has been vacated, suspended, or modified by
1312	a later order;
1313	(d)  The issuing tribunal has stayed the order pending
1314	appeal;
1315	(e)  There is a defense under the law of this state to the
1316	remedy sought;
1317	(f)  Full or partial payment has been made; or
1318	(g)  The statute of limitation under s. 88.6041 precludes
1319	enforcement of some or all of the alleged arrearages; or
1320	(h)  The alleged controlling order is not the controlling
1321	order.
1322	(2)  If a party presents evidence establishing a full or
1323	partial defense under subsection (1), a tribunal may stay
1324	enforcement of a the registered support order, continue the
1325	proceeding to permit production of additional relevant evidence,
1326	and issue other appropriate orders. An uncontested portion of
1327	the registered support order may be enforced by all remedies
1328	available under the law of this state.
1329	(3)  If the contesting party does not establish a defense
1330	under subsection (1) to the validity or enforcement of a
1331	registered support the order, the registering tribunal shall
1332	issue an order confirming the order.
1333	Section 50.  Section 88.6081, Florida Statutes, is amended
1334	to read:
1335	88.6081  Confirmed order.-Confirmation of a registered
1336	support order, whether by operation of law or after notice and
1337	hearing, precludes further contest of the order with respect to
1338	any matter that could have been asserted at the time of
1339	registration.
1340	Section 51.  Section 88.6091, Florida Statutes, is amended
1341	to read:
1342	88.6091  Procedure to register child support order of
1343	another state for modification.-A party or support enforcement
1344	agency seeking to modify, or to modify and enforce, a child
1345	support order issued in another state shall register that order
1346	in this state in the same manner provided in ss. 88.6011-88.6081
1347	88.6011-88.6041 if the order has not been registered. A petition
1348	for modification may be filed at the same time as a request for
1349	registration, or later. The pleading must specify the grounds
1350	for modification.
1351	Section 52.  Section 88.6111, Florida Statutes, is amended
1352	to read:
1353	88.6111  Modification of child support order of another
1354	state.-
1355	(1)  If s. 88.6131 does not apply, upon petition, a
1356	tribunal of this state may modify After a child support order
1357	issued in another state which is has been registered in this
1358	state, the responding tribunal of this state may modify that
1359	order only if, s. 88.6131 does not apply and after notice and
1360	hearing, the tribunal it finds that:
1361	(a)  The following requirements are met:
1362	1.  Neither the child, nor the individual obligee who is an
1363	individual, nor and the obligor resides do not reside in the
1364	issuing state;
1365	2.  A petitioner who is a nonresident of this state seeks
1366	modification; and
1367	3.  The respondent is subject to the personal jurisdiction
1368	of the tribunal of this state; or
1369	(b)  This state is the state of residence of the child, or
1370	a party who is an individual, is subject to the personal
1371	jurisdiction of the tribunal of this state and all of the
1372	parties who are individuals have filed written consents in a
1373	record in the issuing tribunal for a tribunal of this state to
1374	modify the support order and assume continuing exclusive
1375	jurisdiction over the order. However, if the issuing state is a
1376	foreign jurisdiction that has not enacted a law or established
1377	procedures substantially similar to the procedures under this
1378	act, the consent otherwise required of an individual residing in
1379	this state is not required for the tribunal to assume
1380	jurisdiction to modify the child support order.
1381	(2)  Modification of a registered child support order is
1382	subject to the same requirements, procedures, and defenses that
1383	apply to the modification of an order issued by a tribunal of
1384	this state and the order may be enforced and satisfied in the
1385	same manner.
1386	(3)  A tribunal of this state may not modify any aspect of
1387	a child support order that may not be modified under the law of
1388	the issuing state, including the duration of the obligation of
1389	support. If two or more tribunals have issued child support
1390	orders for the same obligor and same child, the order that
1391	controls and must be so recognized under s. 88.2071 establishes
1392	the aspects of the support order which are nonmodifiable.
1393	(4)  In a proceeding to modify a child support order, the
1394	law of the state that is determined to have issued the initial
1395	controlling order governs the duration of the obligation of
1396	support. The obligor's fulfillment of the duty of support
1397	established by that order precludes imposition of a further
1398	obligation of support by a tribunal of this state.
1399	(5)(4)  On issuance of an order by a tribunal of this state
1400	modifying a child support order issued in another state, the a
1401	tribunal of this state becomes the tribunal of continuing
1402	exclusive jurisdiction.
1403	(6)  Notwithstanding subsections (1)-(5) and s. 88.2011(2),
1404	a tribunal of this state retains jurisdiction to modify an order
1405	issued by a tribunal of this state if:
1406	(a)  One party resides in another state; and
1407	(b)  The other party resides outside the United States.
1408	Section 53.  Section 88.6121, Florida Statutes, is amended
1409	to read:
1410	88.6121  Recognition of order modified in another state.-If
1411	a child support order issued by a tribunal of this state is
1412	modified shall recognize a modification of its earlier child
1413	support order by a tribunal of another state which assumed
1414	jurisdiction pursuant to the Uniform Interstate Family Support
1415	Act, a tribunal of this state this act or a law substantially
1416	similar to this act and, upon request, except as otherwise
1417	provided in this act, shall:
1418	(1)  May enforce the order that was modified only as to
1419	arrears and interest amounts accruing before the modification.
1420	(2)  Enforce only nonmodifiable aspects of that order.
1421	(2)(3)  May provide other appropriate relief only for
1422	violations of its that order which occurred before the effective
1423	date of the modification.
1424	(3)(4)  Shall recognize the modifying order of the other
1425	state, upon registration, for the purpose of enforcement.
1426	Section 54.  Section 88.6151, Florida Statutes, is created
1427	to read:
1428	88.6151  Jurisdiction to modify child support order of
1429	foreign country.-
1430	(1)  Except as otherwise provided in s. 88.7111, if a
1431	foreign country lacks or refuses to exercise jurisdiction to
1432	modify its child support order pursuant to its laws, a tribunal
1433	of this state may assume jurisdiction to modify the child
1434	support order and bind all individuals subject to the personal
1435	jurisdiction of the tribunal whether the consent to modification
1436	of a child support order otherwise required of the individual
1437	pursuant to s. 88.6111 has been given or whether the individual
1438	seeking modification is a resident of this state or of the
1439	foreign country.
1440	(2)  An order issued by a tribunal of this state modifying
1441	a foreign child support order pursuant to this section is the
1442	controlling order.
1443	Section 55.  Section 88.6161, Florida Statutes, is created
1444	to read:
1445	88.6161  Procedure to register child support order of
1446	foreign country for modification.-A party or support enforcement
1447	agency seeking to modify, or to modify and enforce, a foreign
1448	child support order not under the convention may register that
1449	order in this state under ss. 88.6011-88.6081 if the order has
1450	not been registered. A petition for modification may be filed at
1451	the same time as a request for registration, or at another time.
1452	The petition must specify the grounds for modification.
1453	Section 56.  The Division of Statutory Revision is directed
1454	to redesignate part VII of chapter 88, Florida Statutes, as
1455	"SUPPORT PROCEEDING UNDER CONVENTION."
1456	Section 57.  Section 88.7011, Florida Statutes, is
1457	repealed.
1458	Section 58.  Section 88.70111, Florida Statutes, is created
1459	to read:
1460	88.70111  Definitions.-As used in this part, the term:
1461	(1)  "Application" means a request under the convention by
1462	an obligee or obligor, or on behalf of a child, made through a
1463	central authority for assistance from another central authority.
1464	(2)  "Central authority" means the entity designated by the
1465	United States or a foreign country described in s. 88.102(5)(d)
1466	to perform the functions specified in the convention.
1467	(3)  "Convention support order" means a support order of a
1468	tribunal of a foreign country described in s. 88.102(5)(d).
1469	(4)  "Direct request" means a petition filed by an
1470	individual in a tribunal of this state in a proceeding involving
1471	an obligee, obligor, or child residing outside the United
1472	States.
1473	(5)  "Foreign central authority" means the entity
1474	designated by a foreign country described in s. 88.102(5)(d) to
1475	perform the functions specified in the convention.
1476	(6)  "Foreign support agreement":
1477	(a)  Means an agreement for support in a record that:
1478	1.  Is enforceable as a support order in the country of
1479	origin;
1480	2.  Has been:
1481	a.  Formally drawn up or registered as an authentic
1482	instrument by a foreign tribunal; or
1483	b.  Authenticated by or concluded, registered, or filed
1484	with a foreign tribunal; and
1485	3.  May be reviewed and modified by a foreign tribunal; and
1486	(b)  Includes a maintenance arrangement or authentic
1487	instrument under the convention.
1488	(7)  "United States central authority" means the Secretary
1489	of the United States Department of Health and Human Services.
1490	Section 59.  Section 88.7021, Florida Statutes, is created
1491	to read:
1492	88.7021  Applicability.-This part applies only to a support
1493	proceeding under the convention. In such a proceeding, if a
1494	provision of this part is inconsistent with parts I through VI,
1495	this part controls.
1496	Section 60.  Section 88.7031, Florida Statutes, is created
1497	to read:
1498	88.7031  Relationship of Department of Revenue to United
1499	States central authority.-The Department of Revenue is
1500	recognized as the agency designated by the United States central
1501	authority to perform specific functions under the convention.
1502	Section 61.  Section 88.7041, Florida Statutes, is created
1503	to read:
1504	88.7041  Initiation by Department of Revenue of support
1505	proceeding subject to convention.-
1506	(1)  In a proceeding subject to the convention, the
1507	Department of Revenue shall:
1508	(a)  Transmit and receive applications; and
1509	(b)  Initiate or facilitate the institution of a proceeding
1510	regarding an application in a tribunal of this state.
1511	(2)  The following support proceedings are available to an
1512	obligee under the convention:
1513	(a)  Recognition or recognition and enforcement of a
1514	foreign support order.
1515	(b)  Enforcement of a support order issued or recognized in
1516	this state.
1517	(c)  Establishment of a support order if there is no
1518	existing order, including, where necessary, determination of
1519	parentage of a child.
1520	(d)  Establishment of a support order if recognition of a
1521	foreign support order is not possible or is refused because of
1522	the lack of a basis for recognition and enforcement under s.
1523	88.7081 or on grounds specified in s. 88.7091(2) or s.
1524	88.7091(5).
1525	(e)  Modification of a support order made by a tribunal of
1526	this state.
1527	(f)  Modification of a foreign support order.
1528	(3)  The following support proceedings are available under
1529	the convention to an obligor against whom there is an existing
1530	support order:
1531	(a)  Recognition of an order suspending or limiting
1532	enforcement of an existing support order of a tribunal of this
1533	state.
1534	(b)  Modification of a support order of a tribunal of this
1535	state.
1536	(c)  Modification of a support order of a tribunal of
1537	another state or foreign country.
1538	(4)  A tribunal of this state may not require security,
1539	bond, or deposit, however described, to guarantee the payment of
1540	costs and expenses in proceedings under the convention.
1541	Section 62.  Section 88.7051, Florida Statutes, is created
1542	to read:
1543	88.7051  Direct request.-
1544	(1)  A petitioner may file a direct request in a tribunal
1545	of this state seeking the establishment or modification of a
1546	support order or determination of parentage of a child. In such
1547	a proceeding, the law of this state applies.
1548	(2)  A petitioner may file a direct request in a tribunal
1549	of this state seeking the recognition and enforcement of a
1550	support order or support agreement. In such a proceeding, the
1551	provisions of ss. 88.7061-88.7121 apply.
1552	(3)  In a direct request for recognition and enforcement of
1553	a foreign support order or agreement:
1554	(a)  No security, bond, or deposit shall be required to
1555	guarantee the payment of costs and expenses related to the
1556	proceedings; and
1557	(b)  The obligee or obligor, who in the issuing country has
1558	benefited from free legal assistance, shall be entitled to
1559	benefit, at least to the same extent, from any free legal
1560	assistance provided for by the law of this state under the same
1561	circumstances.
1562	(4)  An individual filing directly to a tribunal will not
1563	receive assistance from the Department of Revenue.
1564	(5)  Nothing in this part prevents the application of laws
1565	of this state that provide simplified, more expeditious rules
1566	regarding a direct request for recognition and enforcement of a
1567	foreign support order or support agreement.
1568	Section 63.  Section 88.7061, Florida Statutes, is created
1569	to read:
1570	88.7061  Registration of support order subject to
1571	convention.-
1572	(1)  Except as otherwise provided in this part, a party who
1573	is an individual or a support enforcement agency seeking
1574	recognition of a foreign support order subject to the convention
1575	shall register the order in this state as provided in part VI of
1576	this chapter.
1577	(2)  Notwithstanding ss. 88.3111 and 88.6021, a request for
1578	registration of a foreign support order subject to the
1579	convention shall be accompanied by the following:
1580	(a)  A complete text of the support order, or an abstract
1581	or extract of the support order drawn up by the issuing foreign
1582	tribunal, which may be in the form recommended by the Hague
1583	Conference on Private International Law.
1584	(b)  A record stating that the support order is enforceable
1585	in the issuing country.
1586	(c)  If the respondent did not appear and was not
1587	represented in the proceedings in the issuing country, a record
1588	attesting, as appropriate, either that the respondent had proper
1589	notice of the proceedings and an opportunity to be heard, or
1590	that the respondent had proper notice of the support order and
1591	the opportunity to challenge or appeal it on fact and law.
1592	(d)  If necessary, a record showing the amount of any
1593	arrears, and the date the amount was calculated.
1594	(e)  If necessary, a record showing a requirement for
1595	automatic adjustment of the amount of support, if any, and the
1596	information necessary to make the appropriate calculations.
1597	(f)  If necessary, a record showing the extent to which the
1598	applicant received free legal assistance in the issuing country.
1599	(3)  A request for registration of a foreign support order
1600	may seek recognition and partial enforcement of the order.
1601	(4)  A tribunal of this state may refuse to register a
1602	foreign support order only if recognition and enforcement of the
1603	order is manifestly incompatible with public policy.
1604	(5)  The tribunal shall promptly notify the parties of the
1605	registration or the refusal to register a foreign support order.
1606	Section 64.  Section 88.7071, Florida Statutes, is created
1607	to read:
1608	88.7071  Contest of validity of foreign support order
1609	subject to convention.-
1610	(1)  Except as otherwise provided in this part, ss.
1611	88.6051-88.6081 apply to a contest of the validity of a
1612	registered foreign support order subject to the convention.
1613	(2)  A party contesting the recognition and enforcement of
1614	a registered foreign support order subject to the convention
1615	must file a contest within 30 days after notice of the
1616	registration unless the contesting party does not reside in the
1617	United States or a state, in which case the contest must be
1618	filed within 60 days after notice.
1619	(3)  A contest of a registered foreign support order may be
1620	based only on:
1621	(a)  The authenticity or integrity of any record
1622	transmitted in accordance with s. 88.7061;
1623	(b)  The lack of a basis for enforcement under s. 88.7081;
1624	(c)  The grounds for refusing enforcement under s. 88.7091;
1625	or
1626	(d)  The payment in part or in whole of the alleged
1627	arrears.
1628	(4)  In a contest of the validity of a registered foreign
1629	support order, a tribunal of this state:
1630	(a)  Is bound by the findings of fact on which the foreign
1631	tribunal based its jurisdiction; and
1632	(b)  May not review the merits of the support order.
1633	(5)  A tribunal of this state deciding a contest of the
1634	validity of a registered foreign support order shall promptly
1635	notify the parties of its decision.
1636	(6)  An appeal, if any, does not stay the enforcement of a
1637	foreign support order unless there are exceptional
1638	circumstances.
1639	Section 65.  Section 88.7081, Florida Statutes, is created
1640	to read:
1641	88.7081  Recognition and enforcement of foreign support
1642	order subject to convention.-
1643	(1)  A tribunal of this state shall recognize and enforce a
1644	foreign support order subject to the convention if:
1645	(a)  The issuing tribunal had personal jurisdiction
1646	consistent with s. 88.2011; and
1647	(b)  The order is enforceable in the issuing country.
1648	(2)  If a tribunal of this state may not recognize a
1649	foreign support order because under similar facts the tribunal
1650	would not have had personal jurisdiction consistent with s.
1651	88.2011:
1652	(a)  The tribunal must allow a reasonable time for a party
1653	to request the tribunal to establish a support order;
1654	(b)  The tribunal may not use its refusal to recognize the
1655	foreign support order as a basis for dismissing the request;
1656	(c)  The Department of Revenue shall take all appropriate
1657	measures to request a child support order for the obligee if the
1658	application for recognition and enforcement was received under
1659	s. 88.7041(1).
1660	(3)  If a tribunal of this state may not recognize and
1661	enforce the whole of a foreign support order, it shall enforce
1662	any severable part of the order. An application or direct
1663	request may seek recognition and partial enforcement of a
1664	foreign support order.
1665	Section 66.  Section 88.7091, Florida Statutes, is created
1666	to read:
1667	88.7091  Refusal of recognition and enforcement of foreign
1668	support order subject to convention.-A tribunal of this state
1669	may refuse recognition and enforcement of a foreign support
1670	order subject to the convention if:
1671	(1)  Recognition and enforcement of the order is manifestly
1672	incompatible with public policy;
1673	(2)  The order was obtained by fraud in connection with a
1674	matter of procedure;
1675	(3)  A proceeding between the same parties and having the
1676	same purpose is pending before a tribunal of this state and that
1677	proceeding was the first to be instituted;
1678	(4)  The order is incompatible with a more recent support
1679	order issued between the same parties and having the same
1680	purpose if the more recent support order is entitled to
1681	recognition and enforcement in this state;
1682	(5)  In a case in which the respondent neither appeared nor
1683	was represented in the proceeding in the issuing foreign country
1684	when the law of the country:
1685	(a)  Provides for notice of proceedings, the respondent did
1686	not have proper notice of the proceedings and an opportunity to
1687	be heard; or
1688	(b)  Does not provide for notice of the proceedings, the
1689	respondent did not have proper notice of the order and the
1690	opportunity to challenge or appeal it on fact and law; or
1691	(6)  The order was made in violation of s. 88.7111.
1692	Section 67.  Section 88.7101, Florida Statutes, is created
1693	to read:
1694	88.7101  Foreign support agreement subject to convention.-
1695	(1)  Except as provided in subsections (3) and (4), a
1696	tribunal of this state shall recognize and enforce a foreign
1697	support agreement registered in this state.
1698	(2)  An application or direct request for recognition and
1699	enforcement of a foreign support agreement shall be accompanied
1700	by the following:
1701	(a)  A complete text of the foreign support agreement.
1702	(b)  A record stating that the foreign support agreement is
1703	enforceable as a decision in the issuing country.
1704	(3)  A tribunal of this state may refuse to register a
1705	foreign support agreement only if registration is manifestly
1706	incompatible with public policy.
1707	(4)  A tribunal of this state may refuse recognition and
1708	enforcement of a foreign support agreement if it finds:
1709	(a)  Recognition and enforcement of the agreement is
1710	manifestly incompatible with public policy;
1711	(b)  The agreement was obtained by fraud or falsification;
1712	(c)  The agreement is incompatible with a support order
1713	issued between the same parties and having the same purpose,
1714	either in this state, another state, or a foreign country if the
1715	support order is entitled to recognition in this state; or
1716	(d)  The record submitted under subsection (2) lacks
1717	authenticity or integrity.
1718	(5)  A proceeding for recognition and enforcement of a
1719	foreign support agreement shall be suspended during the pendency
1720	of a challenge to the agreement before a tribunal of another
1721	state or foreign country.
1722	Section 68.  Section 88.7111, Florida Statutes, is created
1723	to read:
1724	88.7111  Modification of foreign child support order
1725	subject to convention.-
1726	(1)  A tribunal of this state may not modify a foreign
1727	child support order if the obligee remains a resident of the
1728	foreign country where the support order was issued unless:
1729	(a)  The obligee submits to the jurisdiction of a tribunal
1730	of this state, either expressly or by defending on the merits of
1731	the case without objecting to the jurisdiction at the first
1732	available opportunity; or
1733	(b)  The foreign tribunal lacks or refuses to exercise
1734	jurisdiction to modify its support order or issue a new support
1735	order.
1736	(2)  If a tribunal of this state does not modify the
1737	foreign child support order because the order may not be
1738	recognized in this state, the provisions of s. 88.7081 apply.
1739	Section 69.  Section 88.7121, Florida Statutes, is created
1740	to read:
1741	88.7121  Jurisdiction to modify spousal support order of
1742	foreign country.-A tribunal of this state with personal
1743	jurisdiction over the parties may modify a spousal support order
1744	of a foreign tribunal if:
1745	(1)  The foreign tribunal lacks or refuses to exercise
1746	jurisdiction to modify its order pursuant to its laws;
1747	(2)  There is agreement in writing between the parties to
1748	the jurisdiction of the tribunal of this state; or
1749	(3)  The parties submit to the jurisdiction of the tribunal
1750	of this state expressly or by defending on the merits without
1751	objecting.
1752	Section 70.  Paragraph (b) of subsection (2) of section
1753	88.8011, Florida Statutes, is amended to read:
1754	88.8011  Grounds for rendition.-
1755	(2)  The Governor of this state may:
1756	(b)  On the demand of by the Governor of another state,
1757	surrender an individual found in this state who is charged
1758	criminally in the other state with having failed to provide for
1759	the support of an obligee.
1760	Section 71.  Section 88.9011, Florida Statutes, is amended
1761	to read:
1762	88.9011  Uniformity of application and construction.-In
1763	applying and construing this uniform act, consideration must be
1764	given to the need to promote uniformity of This act shall be
1765	applied and construed to effectuate its general purpose to make
1766	uniform the law with respect to its the subject matter of this
1767	act among states that enact enacting it.
1768	Section 72.  Section 88.9031, Florida Statutes, is amended
1769	to read:
1770	88.9031  Severability clause.-If any provision of this act
1771	or its application to any person or circumstance is held
1772	invalid, the invalidity does not affect other provisions or
1773	applications of this act which can be given effect without the
1774	invalid provision or application, and to this end the provisions
1775	of this act are severable.
1776	Section 73.  Paragraph (a) of subsection (7) of section
1777	61.13, Florida Statutes, is amended to read:
1778	61.13  Support of children; parenting and time-sharing;
1779	powers of court.-
1780	(7)(a)  Each party to any paternity or support proceeding
1781	is required to file with the tribunal as defined in s.
1782	88.1011(22) and State Case Registry upon entry of an order, and
1783	to update as appropriate, information on location and identity
1784	of the party, including social security number, residential and
1785	mailing addresses, telephone number, driver's license number,
1786	and name, address, and telephone number of employer. Each party
1787	to any paternity or child support proceeding in a non-Title IV-D
1788	case shall meet the above requirements for updating the tribunal
1789	and State Case Registry.
1790	Section 74.  Paragraph (b) of subsection (5) of section
1791	827.06, Florida Statutes, is amended to read:
1792	827.06  Nonsupport of dependents.-
1793	(5)
1794	(b)  The element of knowledge may be proven by evidence
1795	that a court or tribunal as defined by s. 88.1011(22) has
1796	entered an order that obligates the defendant to provide the
1797	support.
1798	Section 75.  Upon the passage of this bill, the Department
1799	of Revenue is directed to apply for a waiver from the Federal
1800	Office of Child Support Enforcement pursuant to the state plan
1801	requirement under Title IV-D of the Social Security Act.
1802	Section 76.  This act shall take effect upon the earlier of
1803	90 days following Congress amending 42 U.S.C. s. 666(f) to allow
1804	or require states to adopt the 2008 version of the Uniform
1805	Interstate Family Support Act, or 90 days following the state
1806	obtaining a waiver of its state plan requirement under Title IV-
1807	D of the Social Security Act.

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