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

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

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