Florida Senate - 2011                (Corrected Copy)    SB 1622
       
       
       
       By Senator Flores
       
       
       
       
       38-00684A-11                                          20111622__
    1                        A bill to be entitled                      
    2         An act relating to family support; amending s.
    3         88.1011, F.S.; revising and defining terms; amending
    4         s. 88.1021, F.S.; designating the courts and other
    5         entities as the tribunals of the state and designating
    6         the Department of Revenue as the support enforcement
    7         agency of the state; amending s. 88.1031, F.S.;
    8         clarifying that the Uniform Interstate Family Support
    9         Act is not the exclusive method to establish or
   10         enforce a support order in this state; creating s.
   11         88.1041, F.S.; providing for the application of
   12         certain parts of ch. 88, F.S., to a foreign support
   13         order, a foreign tribunal, or an obligee, obligor, or
   14         child residing in a foreign country; amending s.
   15         88.2011, F.S.; providing a basis for personal
   16         jurisdiction over nonresidents in support cases;
   17         amending s. 88.2021, F.S.; providing that personal
   18         jurisdiction acquired by a tribunal of this state in a
   19         proceeding under ch. 88, F.S., or other law of this
   20         state relating to a support order continues under
   21         certain circumstances; amending s. 88.2031, F.S.;
   22         authorizing a tribunal of this state to serve as an
   23         initiating tribunal to forward proceedings to a
   24         tribunal of another state and as a responding tribunal
   25         for proceedings initiated in another state or foreign
   26         country; amending s. 88.2041, F.S.; providing that a
   27         tribunal of this state may exercise jurisdiction to
   28         establish a support order in a foreign country under
   29         certain circumstances; amending s. 88.2051, F.S.;
   30         providing that a tribunal of this state may continue
   31         its exclusive jurisdiction to modify a child support
   32         order only under certain circumstances; amending s.
   33         88.2061, F.S.; providing that a tribunal of this state
   34         may continue its jurisdiction to enforce a child
   35         support order or money judgment under certain
   36         circumstances; amending s. 88.2071, F.S.; providing
   37         procedures for determining which child support order
   38         is recognized as the controlling support order;
   39         requiring the party requesting a determination of the
   40         controlling support order to provide a copy of every
   41         child support order in effect, the applicable record
   42         of payments, and other specified documents; requiring
   43         that the parties recognize as the controlling support
   44         order any order made pursuant to the procedures of the
   45         act; amending s. 88.2081, F.S.; conforming provisions
   46         to changes made by the act; amending s. 88.2091, F.S.;
   47         requiring a tribunal of this state to credit support
   48         amounts collected for a particular period pursuant to
   49         a child support order against the amount owed for the
   50         same period under any other child support order;
   51         creating s. 88.2101, F.S.; authorizing a tribunal of
   52         this state exercising personal jurisdiction over a
   53         nonresident in a proceeding under the act to receive
   54         evidence from outside this state and communicate with
   55         a tribunal outside this state; creating s. 88.2111,
   56         F.S.; providing that a tribunal of this state issuing
   57         a spousal support order consistent with the law of
   58         this state has continuing, exclusive jurisdiction to
   59         modify the spousal support order throughout the
   60         existence of the obligation; prohibiting the tribunal
   61         from modifying a spousal support order issued by a
   62         tribunal of another state or foreign country having
   63         continuing, exclusive jurisdiction over that order;
   64         amending ss. 88.3011, 88.3021, and 88.3031, F.S.;
   65         conforming provisions to changes made by the act;
   66         amending s. 88.3041, F.S.; providing for the duties of
   67         the initiating tribunal when forwarding documents to a
   68         foreign tribunal; amending s. 88.3051, F.S.; providing
   69         for the duties and powers of a responding tribunal
   70         when requested to enforce a support order, arrears, or
   71         judgment or to modify a support order; amending s.
   72         88.3061, F.S.; conforming provisions to changes made
   73         by the act; amending s. 88.3071, F.S.; specifying the
   74         duties of a support enforcement agency in this state;
   75         amending s. 88.3081, F.S.; authorizing the Governor
   76         and Cabinet to determine that a foreign country has
   77         established a reciprocal arrangement for child support
   78         with this state and take appropriate action for
   79         notification of the determination; amending s.
   80         88.3101, F.S.; setting forth the duties of the
   81         Department of Revenue as the state information agency;
   82         amending s. 88.3111, F.S.; requiring a petitioner to
   83         verify a petition filed with the tribunal; amending s.
   84         88.3121, F.S.; revising provisions prohibiting the
   85         disclosure of specific identifying information under
   86         certain circumstances; requiring that such information
   87         be sealed and not be disclosed to the other party or
   88         the public; authorizing the tribunal to disclose the
   89         information after a hearing; amending ss. 88.3131 and
   90         88.3141, F.S.; conforming provisions to changes made
   91         by the act; amending s. 88.3161, F.S.; providing for
   92         special rules of evidence and procedures for
   93         nonresident parties; providing that a voluntary
   94         acknowledgment of paternity is admissible to establish
   95         parentage of a child; amending ss. 88.3171 and
   96         88.3181, F.S.; conforming provisions to changes made
   97         by the act; amending s. 88.3191, F.S.; providing for
   98         the receipt and disbursement of payments; requiring
   99         that if the obligor, obligee, and child reside in this
  100         state, upon request from the support enforcement
  101         agency of this or another state, the support
  102         enforcement agency or tribunal direct that the support
  103         payment be made to the support enforcement agency in
  104         the state in which the obligee is receiving services
  105         and send to the obligor’s employer a conforming
  106         income-withholding order or an administrative notice
  107         of change of payee, reflecting the redirected
  108         payments; amending s. 88.4011, F.S.; providing for the
  109         establishment of a support order under certain
  110         circumstances; providing that the tribunal may issue a
  111         temporary child support order under certain
  112         circumstances; amending ss. 88.5011, 88.5031, 88.5041,
  113         and 88.5051, F.S.; conforming provisions to changes
  114         made by the act; amending s. 88.5061, F.S.; providing
  115         that an obligor may contest the validity or
  116         enforcement of an income-withholding order issued in
  117         another state and received directly by an employer in
  118         this state by registering the order in a tribunal of
  119         this state and filing a contest to that order;
  120         amending ss. 88.5071 and 88.6011, F.S.; conforming
  121         provisions to changes made by the act; amending s.
  122         88.6021, F.S.; specifying procedures to register a
  123         support order; providing procedures if two or more
  124         support orders are in effect; amending s. 88.6031,
  125         F.S.; revising provisions to conform to changes made
  126         by the act; amending s. 88.6041, F.S.; providing that
  127         the law of the state that issues the order governs the
  128         law of the case; providing for an exception; amending
  129         s. 88.6051, F.S.; specifying the content of the notice
  130         of the registration of a support order; amending s.
  131         88.6061, F.S.; providing procedures to contest the
  132         validity or enforcement of a registered support order;
  133         amending ss. 88.6071, 88.6081, and 88.6101, F.S.;
  134         conforming provisions to changes made by the act;
  135         amending s. 88.6111, F.S.; providing for modifying a
  136         child support order; providing that the law of the
  137         state that issued the controlling order governs the
  138         duration of the obligation of support; amending s.
  139         88.6121, F.S.; providing that if a child support order
  140         issued by a tribunal of this state is modified by a
  141         tribunal of another state which assumed jurisdiction
  142         pursuant to the Uniform Interstate Family Support Act,
  143         a tribunal of this state may enforce the order that
  144         was modified only as to arrears and interest accruing
  145         before the modification; creating s. 88.6151, F.S.;
  146         providing that if a foreign country lacks jurisdiction
  147         or refuses to exercise jurisdiction to modify its
  148         child support order, a tribunal of this state may
  149         assume jurisdiction to modify the child support order
  150         and bind all persons subject to the personal
  151         jurisdiction of the tribunal whether or not the person
  152         consents to modification of the child support order;
  153         creating s. 88.6161, F.S.; specifying procedures to
  154         register a child support order; repealing s. 88.7011,
  155         F.S., relating to proceeding to determine parentage of
  156         a child; creating s. 88.7021, F.S.; providing that
  157         part VII of ch. 88, F.S., applies only to support
  158         proceedings involving a foreign country in which the
  159         convention is in force with respect to the United
  160         States; creating s. 88.7031, F.S.; designating the
  161         Department of Children and Family Services as the
  162         agency designated by the United States Central
  163         Authority to perform specific functions under the
  164         convention in this state; creating s. 88.7041, F.S.;
  165         designating the procedures the governmental entity
  166         must follow to initiate support proceedings under the
  167         convention; creating s. 88.7051, F.S.; authorizing a
  168         petitioner to file a direct request in a tribunal of
  169         this state to establish or modify a support order or
  170         determination of parentage; setting forth procedures
  171         for filing direct requests; creating s. 88.7061, F.S.;
  172         designating procedures for individuals and support
  173         enforcement agencies to register foreign support
  174         orders; specifying the documents to be included with
  175         the registration request; creating s. 88.7071, F.S.;
  176         providing procedures to contest the validity of a
  177         foreign support order; creating s. 88.7081, F.S.;
  178         providing for the recognition and enforcement of
  179         foreign support orders; creating s. 88.7091, F.S.;
  180         providing procedures for a tribunal to refuse to
  181         recognize or enforce a foreign support order; creating
  182         s. 88.7101, F.S.; directing a tribunal of this state
  183         to recognize and enforce a foreign support agreement
  184         registered in this state; requiring an application or
  185         direct request for recognition and enforcement of a
  186         foreign support agreement to be accompanied by certain
  187         documents; creating s. 88.7111, F.S.; prohibiting a
  188         tribunal of this state from modifying a foreign child
  189         support order if the obligee remains a resident of the
  190         foreign country where the support order was issued;
  191         providing exceptions; creating s. 88.7112, F.S.;
  192         providing for personal jurisdiction in spousal support
  193         proceedings; amending s. 88.9011, F.S.; providing for
  194         uniform construction of the act; creating s. 88.9021,
  195         F.S.; directing that the act applies to proceedings
  196         begun on or after a specified date to establish a
  197         support order, determine parentage of a child, or
  198         register, recognize, enforce, or modify a prior
  199         support order, determination, or agreement, whenever
  200         issued or entered; amending ss. 61.13 and 827.06,
  201         F.S.; conforming cross-references to changes made by
  202         the act; providing an effective date.
  203  
  204  Be It Enacted by the Legislature of the State of Florida:
  205  
  206         Section 1. Section 88.1011, Florida Statutes, is amended to
  207  read:
  208         88.1011 Definitions.—As used in this act:
  209         (1) “Application” means a request under The Hague
  210  Convention on the International Recovery of Child Support and
  211  Other Forms of Family Maintenance by an obligee or obligor, or
  212  on behalf of a child, which is made through a central authority
  213  for assistance from another central authority.
  214         (2) “Central authority” means the entity designated by a
  215  country to perform the functions specified in the convention.
  216         (3)(1) “Child” means an individual, whether over or under
  217  the age of majority, who is or is alleged to be owed a duty of
  218  support by the individual’s parent or who is or is alleged to be
  219  the beneficiary of a support order directed to the parent.
  220         (4)(2) “Child support order” means a support order for a
  221  child, including a child who has attained the age of majority
  222  under the law of the issuing state.
  223         (5) “Convention” means The Hague Convention on the
  224  International Recovery of Child Support and Other Forms of
  225  Family Maintenance, adopted by The Hague Conference on Private
  226  International Law on November 23, 2007.
  227         (6) “Direct request” means a petition filed by an
  228  individual in a tribunal of this state in a proceeding involving
  229  an obligee, an obligor, or a child residing outside the United
  230  States.
  231         (7)(3) “Duty of support” means an obligation imposed or
  232  imposable by law to provide support for a child, spouse, or
  233  former spouse, including an unsatisfied obligation to provide
  234  support.
  235         (8) “Foreign central authority” means the entity designated
  236  by a foreign country in which the convention is in force with
  237  respect to the United States to perform the functions specified
  238  in the convention.
  239         (9) “Foreign country” means a country, including a
  240  political subdivision thereof, other than the United States,
  241  which authorizes the issuance of support orders and which:
  242         (a) Has been declared under the law of the United States to
  243  be a foreign reciprocating country;
  244         (b) Has established a reciprocal arrangement for child
  245  support with this state as provided in s. 88.3081; and
  246         (c) Has enacted a law or established procedures for the
  247  issuance and enforcement of support orders which are
  248  substantially similar to the procedures under this chapter and
  249  are in force with respect to the United States.
  250         (10) “Foreign support agreement” means an agreement for
  251  support in a record, also known as a maintenance arrangement in
  252  the convention, which:
  253         (a) Is enforceable as a support order in the country of
  254  origin;
  255         (b) Has been formally drawn up, registered, or
  256  authenticated by, or concluded, registered, or filed with, a
  257  foreign tribunal; and
  258         (c) May be reviewed and modified by a foreign tribunal.
  259         (11) “Foreign support order” means a support order of a
  260  foreign tribunal in which the convention is in force.
  261         (12) “Foreign tribunal” means a court, administrative
  262  agency, or quasi-judicial entity of a foreign country which is
  263  authorized to establish, enforce, or modify support orders or to
  264  determine parentage of a child. The term includes a competent
  265  authority under the convention.
  266         (13)(4) “Home state” means the state or foreign country in
  267  which a child lived with a parent or a person acting as parent
  268  for at least 6 consecutive months immediately preceding the time
  269  of filing of a petition or comparable pleading for support and,
  270  if a child is less than 6 months old, the state or foreign
  271  country in which the child lived from birth with any of them. A
  272  period of temporary absence of any of them is counted as part of
  273  the 6-month or other period.
  274         (14)(5) “Income” includes earnings or other periodic
  275  entitlements to money from any source and any other property
  276  subject to withholding for support under the law of this state.
  277         (15)(6) “Income-withholding order” means an order or other
  278  legal process directed to an obligor’s employer or other debtor,
  279  as defined by the income deduction law of this state, or payor
  280  as defined by s. 61.046, to withhold support from the income of
  281  the obligor.
  282         (7) “Initiating state” means a state from which a
  283  proceeding is forwarded or in which a proceeding is filed for
  284  forwarding to a responding state under this act or a law or
  285  procedure substantially similar to this act, the Uniform
  286  Reciprocal Enforcement of Support Act, or the Revised Uniform
  287  Reciprocal Enforcement of Support Act.
  288         (16)(8) “Initiating tribunal” means the authorized tribunal
  289  of a state or foreign country from which a petition or
  290  comparable pleading is filed for forwarding to another state or
  291  foreign country in an initiating state.
  292         (17) “Issuing foreign country” means the foreign country in
  293  which a tribunal issues a support order or a judgment
  294  determining parentage of a child.
  295         (18)(9) “Issuing state” means the state in which a tribunal
  296  issues a support order or renders a judgment determining
  297  parentage.
  298         (19)(10) “Issuing tribunal” means the tribunal of a state
  299  or foreign country which that issues a support order or renders
  300  a judgment determining parentage of a child.
  301         (20)(11) “Law” includes decisional and statutory law and
  302  rules and regulations having the force of law.
  303         (21)(12) “Obligee” means:
  304         (a) An individual to whom a duty of support is or is
  305  alleged to be owed or in whose favor a support order has been
  306  issued or a judgment determining parentage of a child has been
  307  rendered;
  308         (b) A foreign country, state, or political subdivision of a
  309  state to which the rights under a duty of support or support
  310  order have been assigned or which has independent claims based
  311  on financial assistance provided to an individual obligee in
  312  place of child support; or
  313         (c) An individual seeking a judgment determining parentage
  314  of the individual’s child; or.
  315         (d) A person who is a creditor in a proceeding under part
  316  VII of this chapter.
  317         (22)(13) “Obligor” means an individual, or the estate of a
  318  decedent who:
  319         (a) Who Owes or is alleged to owe a duty of support;
  320         (b) Who Is alleged but has not been adjudicated to be a
  321  parent of a child; or
  322         (c) Who Is liable under a support order; or.
  323         (d)Is a debtor in a proceeding under part VII of this
  324  chapter.
  325         (23)“Outside this state” means a location in another state
  326  or country other than the United States, whether or not the
  327  country is a foreign country.
  328         (24)“Person” means an individual, corporation, business
  329  trust, estate, trust, partnership, limited liability company,
  330  association, joint venture, public corporation, government,
  331  governmental subdivision, agency, instrumentality, or any other
  332  legal or commercial entity.
  333         (25)“Record” means information that is inscribed on a
  334  tangible medium or that is stored in an electronic format or
  335  other medium that can be retrieved in another perceivable form.
  336         (26)(14) “Register” means to record or file in a tribunal
  337  of this state of a support order or judgment determining
  338  parentage of a child issued in another state or a foreign
  339  country in the Registry of Foreign Support Orders of the circuit
  340  court, or other appropriate location for the recording or filing
  341  of foreign judgments generally or foreign support orders
  342  specifically.
  343         (27)(15) “Registering tribunal” means a tribunal in which a
  344  support order or judgment determining parentage of a child is
  345  registered.
  346         (28)(16) “Responding state” means a state in which a
  347  proceeding is filed or to which a petition or comparable
  348  pleading for support or to determine parentage of a child is
  349  filed or to which a petition or other comparable pleading
  350  proceeding is forwarded for filing from another state or a
  351  foreign country an initiating state under this act or a law or
  352  procedure substantially similar to this act, the Uniform
  353  Reciprocal Enforcement of Support Act, or the Revised Uniform
  354  Reciprocal Enforcement of Support Act.
  355         (29)(17) “Responding tribunal” means the authorized
  356  tribunal in a responding state.
  357         (30)(18) “Spousal-support order” means a support order for
  358  a spouse or former spouse of the obligor.
  359         (31)(19) “State” means a state of the United States, the
  360  District of Columbia, Puerto Rico, the United States Virgin
  361  Islands, or any territory or insular possession under subject to
  362  the jurisdiction of the United States. The term includes:
  363         (a) an Indian nation or tribe; and
  364         (b) A foreign jurisdiction that has enacted a law or
  365  established procedures for issuance and enforcement of support
  366  orders which are substantially similar to the procedures under
  367  this act, the Uniform Reciprocal Enforcement of Support Act, or
  368  the Revised Uniform Reciprocal Enforcement of Support Act, as
  369  determined by the Attorney General.
  370         (32)(20) “Support enforcement agency” means a public
  371  official, governmental entity, or private agency authorized to
  372  seek:
  373         (a) Seek enforcement of support orders or laws relating to
  374  the duty of support;
  375         (b) Seek establishment or modification of child support;
  376         (c) Request determination of parentage; or
  377         (d) Attempt to locate obligors or their assets; or.
  378         (e) Request determination of the controlling child support
  379  order.
  380         (33)(21) “Support order” means a judgment, decree, or
  381  order, decision, or directive, whether temporary, final, or
  382  subject to modification, issued in a state or foreign country
  383  for the benefit of a child, a spouse, or a former spouse, which
  384  provides for monetary support, health care, arrearages,
  385  retroactive support, or reimbursement for financial assistance
  386  provided to an individual obligee in place of child support. The
  387  term, and may include related costs and fees, interest, income
  388  withholding, automatic adjustment, reasonable attorney’s fees,
  389  and other relief.
  390         (34)(22) “Tribunal” means a court, administrative agency,
  391  or quasi-judicial entity authorized to establish, enforce, or
  392  modify support orders or to determine parentage.
  393         (35) “United States Central Authority” means the Secretary
  394  of the United States Department of Health and Human Services.
  395         Section 2. Section 88.1021, Florida Statutes, is amended to
  396  read:
  397         88.1021 State tribunal and support enforcement agency of
  398  state.—
  399         (1) The circuit court or other appropriate court,
  400  administrative agency, quasi-judicial entity, or combination is
  401  the tribunal of this state.
  402         (2) The Department of Revenue is the support enforcement
  403  agency of this state.
  404         Section 3. Section 88.1031, Florida Statutes, is amended to
  405  read:
  406         88.1031 Remedies cumulative.—
  407         (1) Remedies provided by this act are cumulative and do not
  408  affect the availability of remedies under other law or the
  409  recognition of a foreign support order on the basis of comity.
  410         (2) This act does not:
  411         (a) Provide the exclusive method of establishing or
  412  enforcing a support under the law of this state; or
  413         (b) Grant a tribunal of this state jurisdiction to render
  414  judgment or issue an order relating to child custody or
  415  visitation in a proceeding under this chapter.
  416         Section 4. Section 88.1041, Florida Statutes, is created to
  417  read:
  418         88.1041 Application of act to resident of foreign country
  419  and foreign support proceeding.
  420         (1)A tribunal of this state shall apply parts I-VI of this
  421  chapter and, as applicable, part VII of this chapter to a
  422  support proceeding involving:
  423         (a) A foreign support order;
  424         (b) A foreign tribunal; or
  425         (c) An obligee, obligor, or child residing in a foreign
  426  country.
  427         (2)A tribunal of this state which is requested to
  428  recognize and enforce a support order on the basis of comity may
  429  apply the procedural and substantive provision of parts I-VI of
  430  this chapter.
  431         (3)Part VII of this chapter applies only to a support
  432  proceeding under the convention. In such a proceeding, if a
  433  provision of part VII of this chapter is inconsistent with parts
  434  I-VI of this chapter, part VII of this chapter controls.
  435         Section 5. Section 88.2011, Florida Statutes, is amended to
  436  read:
  437         88.2011 Bases for jurisdiction over nonresident.—In a
  438  proceeding to establish, enforce, or modify a support order or
  439  to determine parentage of a child, a tribunal of this state may
  440  exercise personal jurisdiction over a nonresident individual or
  441  the individual’s guardian or conservator if:
  442         (1) The individual is personally served with citation,
  443  summons, or notice within this state;
  444         (2) The individual submits to the jurisdiction of this
  445  state by consent, by entering a general appearance, or by filing
  446  a responsive document having the effect of waiving any contest
  447  to personal jurisdiction;
  448         (3) The individual resided with the child in this state;
  449         (4) The individual resided in this state and provided
  450  prenatal expenses or support for the child;
  451         (5) The child resides in this state as a result of the acts
  452  or directives of the individual;
  453         (6) The individual engaged in sexual intercourse in this
  454  state and the child may have been conceived by that act of
  455  intercourse;
  456         (7) The individual asserted parentage in a tribunal or in a
  457  putative father registry maintained in this state by the
  458  appropriate agency; or
  459         (8) There is any other basis consistent with the
  460  constitutions of this state and the United States for the
  461  exercise of personal jurisdiction.
  462  
  463  The bases of personal jurisdiction set forth in this section or
  464  in any other law of this state may not be used to acquire
  465  personal jurisdiction in order for a tribunal of this state to
  466  modify a child support order of a tribunal of another state
  467  unless the requirements of s. 88.6111 are met, or, in the case
  468  of a foreign support order, unless the requirements of s.
  469  88.6151 are met.
  470         Section 6. Section 88.2021, Florida Statutes, is amended to
  471  read:
  472         88.2021 Duration of personal Procedure when exercising
  473  jurisdiction over nonresident.—Personal jurisdiction acquired by
  474  a tribunal of this state in a proceeding under this act or other
  475  law of this state relating to a support order continues so long
  476  as a tribunal of this state has continuing, exclusive
  477  jurisdiction to modify its child support order or continuing
  478  jurisdiction to enforce its order as provided by ss. 88.2051,
  479  88.2061, and 88.2111. A tribunal of this state exercising
  480  personal jurisdiction over a nonresident under s. 88.2011 may
  481  apply s. 88.3161 (special rules of evidence and procedure) to
  482  receive evidence from another state, and s. 88.3181 (assistance
  483  with discovery) to obtain discovery through a tribunal of
  484  another state. In all other respects, parts III through VII of
  485  this chapter do not apply and the tribunal shall apply the
  486  procedural and substantive law of this state, including the
  487  rules on choice of law other than those established by this act.
  488         Section 7. Section 88.2031, Florida Statutes, is amended to
  489  read:
  490         88.2031 Initiating and responding tribunal of state.—Under
  491  this act, a tribunal of this state may serve as an initiating
  492  tribunal to forward proceedings to a tribunal of another state
  493  and as a responding tribunal for proceedings initiated in
  494  another state or foreign country.
  495         Section 8. Section 88.2041, Florida Statutes, is amended to
  496  read:
  497         88.2041 Simultaneous proceedings in another state.—
  498         (1) A tribunal of this state may exercise jurisdiction to
  499  establish a support order if the petition or comparable pleading
  500  is filed after a petition or comparable pleading is filed in
  501  another state or foreign country only if:
  502         (a) The petition or comparable pleading in this state is
  503  filed before the expiration of the time allowed in the other
  504  state or foreign country for filing a responsive pleading
  505  challenging the exercise of jurisdiction by the other state or
  506  foreign country;
  507         (b) The contesting party timely challenges the exercise of
  508  jurisdiction in the other state or foreign country; and
  509         (c) If relevant, this state is the home state of the child.
  510         (2) A tribunal of this state may not exercise jurisdiction
  511  to establish a support order if the petition or comparable
  512  pleading is filed before a petition or comparable pleading is
  513  filed in another state or foreign country if:
  514         (a) The petition or comparable pleading in the other state
  515  or foreign country is filed before the expiration of the time
  516  allowed in this state for filing a responsive pleading
  517  challenging the exercise of jurisdiction by this state;
  518         (b) The contesting party timely challenges the exercise of
  519  jurisdiction in this state; and
  520         (c) If relevant, the other state or foreign country is the
  521  home state of the child.
  522         Section 9. Section 88.2051, Florida Statutes, is amended to
  523  read:
  524         88.2051 Continuing exclusive jurisdiction to modify child
  525  support order.—
  526         (1) A tribunal of this state issuing a child support order
  527  consistent with the law of this state has and shall exercise
  528  continuing exclusive jurisdiction to modify its over a child
  529  support order if the order is the controlling order and:
  530         (a) At the time of the filing of a request for
  531  modification, as long as this state is the remains the residence
  532  of the obligor, the individual obligee, or the child for whose
  533  benefit the support order is issued; or
  534         (b) If this state is not the residence of the obligor, the
  535  individual obligee, or the child for whose benefit the support
  536  order is issued, the parties consent in a record or in open
  537  court that the tribunal of this state may continue to exercise
  538  jurisdiction to modify its order. Until all of the parties who
  539  are individuals have filed written consents with the tribunal of
  540  this state for a tribunal of another state to modify the order
  541  and assume continuing exclusive jurisdiction.
  542         (2) A tribunal of this state issuing a child support order
  543  consistent with the law of this state may not exercise its
  544  continuing, exclusive jurisdiction to modify the order if: the
  545  order has been modified by a tribunal of another state pursuant
  546  to this act or a law substantially similar to this act.
  547         (a) All of the parties who are individuals consent to a
  548  tribunal of another state assuming continuing, exclusive
  549  jurisdiction and such consent is filed in a record with the
  550  tribunal of this state. The tribunal of the other state must
  551  have jurisdiction over at least one of the parties who is an
  552  individual or be located in the state of residence of the child.
  553  Such tribunal may modify the order and assume continuing,
  554  exclusive jurisdiction; or
  555         (b) The order is not the controlling order.
  556         (3) If a tribunal of another state has issued a child
  557  support order pursuant to this act or a law substantially
  558  similar to that act which modifies a child support order of a
  559  tribunal of this state, tribunals of this state shall recognize
  560  the continuing, exclusive jurisdiction of the tribunal of the
  561  other state. If a child support order of this state is modified
  562  by a tribunal of another state pursuant to this act or a law
  563  substantially similar to this act, a tribunal of this state
  564  loses its continuing exclusive jurisdiction with regard to
  565  prospective enforcement of the order issued in this state, and
  566  may only:
  567         (a) Enforce the order that was modified as to amounts
  568  accruing before the modification;
  569         (b) Enforce nonmodifiable aspects of that order; and
  570         (c) Provide other appropriate relief for violations of that
  571  order which occurred before the effective date of the
  572  modification.
  573         (4) A tribunal of this state which lacks continuing,
  574  exclusive jurisdiction to modify a child support order may serve
  575  as an initiating tribunal to request a tribunal of another state
  576  to modify a support order issued in that state which has issued
  577  a child support order consistent with the law of this state. A
  578  tribunal of this state shall recognize the continuing exclusive
  579  jurisdiction of a tribunal of another state which has issued a
  580  child support order pursuant to this act or a law substantially
  581  similar to this act.
  582         (5) A temporary support order issued ex parte or pending
  583  resolution of a jurisdictional conflict does not create
  584  continuing exclusive jurisdiction in the issuing tribunal.
  585         (6) A tribunal of this state issuing a support order
  586  consistent with the law of this state has continuing exclusive
  587  jurisdiction over a spousal support order throughout the
  588  existence of the support obligation. A tribunal of this state
  589  may not modify a spousal support order issued by a tribunal of
  590  another state having continuing exclusive jurisdiction over that
  591  order under the law of that state.
  592         Section 10. Section 88.2061, Florida Statutes, is amended
  593  to read:
  594         88.2061 Enforcement and modification of support order by
  595  tribunal having Continuing jurisdiction to enforce a child
  596  support order.—
  597         (1) A tribunal of this state that has issued a child
  598  support order consistent with the law of this state may serve as
  599  an initiating tribunal to request a tribunal of another state to
  600  enforce: or modify a support order issued in that state.
  601         (a) The order if it is the controlling order and has not
  602  been modified by a tribunal of another state which assumed
  603  jurisdiction pursuant to this act; or
  604         (b) A money judgment for arrears of support and interest on
  605  the order which accrued before a determination that an order of
  606  a tribunal of another state is the controlling order.
  607         (2) A tribunal of this state having continuing exclusive
  608  jurisdiction over a support order may act as a responding
  609  tribunal to enforce or modify the order. If a party subject to
  610  the continuing exclusive jurisdiction of the tribunal no longer
  611  resides in the issuing state, in subsequent proceedings the
  612  tribunal may apply s. 88.3161 (special rules of evidence and
  613  procedure) to receive evidence from another state and s. 88.3181
  614  (assistance with discovery) to obtain discovery through a
  615  tribunal of another state.
  616         (3) A tribunal of this state which lacks continuing
  617  exclusive jurisdiction over a spousal support order may not
  618  serve as a responding tribunal to modify a spousal support order
  619  of another state.
  620         Section 11. Section 88.2071, Florida Statutes, is amended
  621  to read:
  622         88.2071 Determination Recognition of controlling child
  623  support order.—
  624         (1) If a proceeding is brought under this act and only one
  625  tribunal has issued a child support order, the order of that
  626  tribunal controls and must be so recognized.
  627         (2) If a proceeding is brought under this act, and two or
  628  more child support orders have been issued by tribunals of this
  629  state, or another state, or a foreign country with regard to the
  630  same obligor and child, a tribunal of this state having personal
  631  jurisdiction over both the obligor and individual obligee shall
  632  apply the following rules and by order shall determine in
  633  determining which order controls and must be recognized. to
  634  recognize for purposes of continuing, exclusive jurisdiction:
  635         (a) If only one of the tribunals would have continuing,
  636  exclusive jurisdiction under this act, the order of that
  637  tribunal controls and must be so recognized.
  638         (b) If more than one of the tribunals would have
  639  continuing, exclusive jurisdiction under this act:,
  640         1. An order issued by a tribunal in the current home state
  641  of the child controls; or and must be so recognized, but
  642         2. If an order has not been issued in the current home
  643  state of the child, the order most recently issued controls and
  644  must be so recognized.
  645         (c) If none of the tribunals would have continuing,
  646  exclusive jurisdiction under this act, the tribunal of this
  647  state having jurisdiction over the parties shall issue a child
  648  support order, which controls and must be so recognized.
  649         (3) If two or more child support orders have been issued
  650  for the same obligor and the same child and if the obligor or
  651  the individual obligee resides in this state, upon request of a
  652  party who is an individual or that is a support enforcement
  653  agency, may request a tribunal of this state having personal
  654  jurisdiction over both the obligor and the obligee who is an
  655  individual shall to determine which order is the controlling
  656  order controls and must be so recognized under subsection (2).
  657  The request may be filed with a registration for enforcement or
  658  registration for modification pursuant to part VI of this
  659  chapter or may be filed as a separate proceeding must be
  660  accompanied by a certified copy of every support order in
  661  effect. The requesting party shall give notice of the request to
  662  each party whose rights may be affected by the determination.
  663         (4) A request to determine which order is the controlling
  664  order must be accompanied by a copy of every child support order
  665  in effect and the applicable record of payments. The requesting
  666  party shall give notice of the request to each party whose
  667  rights may be affected by the determination.
  668         (5)(4) The tribunal that issued the controlling order under
  669  subsection (1), subsection (2), or subsection (3) is the
  670  tribunal that has continuing, exclusive jurisdiction to the
  671  extent provided under s. 88.2051 or s. 88.2061.
  672         (6)(5) A tribunal of this state which determines by order
  673  which is the identity of the controlling order under paragraph
  674  (2)(a) or paragraph (2)(b) or which issues a new controlling
  675  order under paragraph (2)(c) shall state in that order:
  676         (a) The basis upon which the tribunal made its
  677  determination;.
  678         (b) The amount of the prospective support, if any; and
  679         (c) The total amount of consolidated arrears and accrued
  680  interest, if any, under all of the orders after all payments
  681  made are credited as provided in s. 88.2091.
  682         (7)(6) Within 30 days after issuance of an order
  683  determining which is the identity of the controlling order, the
  684  party obtaining the order shall file a certified copy of it with
  685  each tribunal that issued or registered an earlier order of
  686  child support. A party or support enforcement agency that who
  687  obtains the order and fails to file a certified copy is subject
  688  to appropriate sanctions by a tribunal in which the issue of
  689  failure to file arises. The failure to file does not affect the
  690  validity or enforceability of the controlling order.
  691         (8) An order that has been determined to be the controlling
  692  order or a judgment for consolidated arrears of support and
  693  interest, if any, made pursuant to this section must be
  694  recognized in proceedings under this act.
  695         Section 12. Section 88.2081, Florida Statutes, is amended
  696  to read:
  697         88.2081 Multiple Child support orders for two or more
  698  obligees.—In responding to multiple registrations, petitions, or
  699  comparable pleadings for enforcement of two or more child
  700  support orders in effect at the same time with regard to the
  701  same obligor and different individual obligees, at least one of
  702  which was issued by a tribunal of another state or a foreign
  703  country, a tribunal of this state shall enforce those orders in
  704  the same manner as if the multiple orders had been issued by a
  705  tribunal of this state.
  706         Section 13. Section 88.2091, Florida Statutes, is amended
  707  to read:
  708         88.2091 Credit for payments.—A tribunal of this state shall
  709  credit amounts collected and credited for a particular period
  710  pursuant to a child support order against the amount owed issued
  711  by a tribunal of another state must be credited against the
  712  amounts accruing or accrued for the same period under any other
  713  child a support order for support of the same child issued by
  714  the tribunal of this state, another state, or a foreign country.
  715         Section 14. Section 88.2101, Florida Statutes, is created
  716  to read:
  717         88.2101 Application to nonresident subject to personal
  718  jurisdiction.—A tribunal of this state exercising personal
  719  jurisdiction over a nonresident in a proceeding under this act,
  720  under another law of this state relating to a support order, or
  721  recognizing a foreign support order may receive evidence from
  722  outside this state pursuant to s. 88.3161, may communicate with
  723  a tribunal outside this state pursuant to s. 88.3171, and may
  724  obtain discovery through a tribunal outside this state pursuant
  725  to s. 88.3181. In all other respects, parts III-VI of this
  726  chapter do not apply and the tribunal shall apply the procedural
  727  and substantive law of this state.
  728         Section 15. Section 88.2111, Florida Statutes, is created
  729  to read:
  730         88.2111Continuing, exclusive jurisdiction to modify
  731  spousal support orders.—
  732         (1)A tribunal of this state issuing a spousal support
  733  order consistent with the law of this state has continuing,
  734  exclusive jurisdiction to modify the spousal support order
  735  throughout the existence of the obligation.
  736         (2)A tribunal of this state may not modify a spousal
  737  support order issued by a tribunal of another state or foreign
  738  country having continuing, exclusive jurisdiction over that
  739  order under the law of that state or foreign country.
  740         (3)A tribunal of this state which has continuing,
  741  exclusive jurisdiction over a spousal support order may serve
  742  as:
  743         (a) An initiating tribunal to request a tribunal of another
  744  state to enforce the spousal support order issued in this state;
  745  or
  746         (b) A responding tribunal to enforce or modify its own
  747  spousal support order.
  748         Section 16. Section 88.3011, Florida Statutes, is amended
  749  to read:
  750         88.3011 Proceedings under this act.—
  751         (1) Except as otherwise provided in this act, this section
  752  article applies to all proceedings under this act.
  753         (2) This act provides for the following proceedings:
  754         (a) Establishment of an order for spousal support or child
  755  support pursuant to part IV;
  756         (b) Enforcement of a support order and income-withholding
  757  order of another state without registration pursuant to part V;
  758         (c) Registration of an order for spousal support or child
  759  support of another state for enforcement pursuant to part VI;
  760         (d) Modification of an order for child support or spousal
  761  support issued by a tribunal of this state pursuant to ss.
  762  88.2031-88.2061;
  763         (e) Registration of an order for child support of another
  764  state for modification pursuant to part VI;
  765         (f) Determination of parentage pursuant to part VII; and
  766         (g) Assertion of jurisdiction over nonresidents pursuant to
  767  ss. 88.2011-88.2021.
  768         (2)(3) An individual petitioner or a support enforcement
  769  agency may initiate commence a proceeding authorized under this
  770  act by filing a petition or a comparable pleading in an
  771  initiating tribunal for forwarding to a responding tribunal or
  772  by filing a petition or a comparable pleading directly in a
  773  tribunal of another state or foreign country that which has or
  774  can obtain personal jurisdiction over the respondent.
  775         Section 17. Section 88.3021, Florida Statutes, is amended
  776  to read:
  777         88.3021 Proceeding Action by minor parent.—A minor parent,
  778  or a guardian or other legal representative of a minor parent,
  779  may maintain a proceeding on behalf of or for the benefit of the
  780  minor’s child.
  781         Section 18. Section 88.3031, Florida Statutes, is amended
  782  to read:
  783         88.3031 Application of law of state.—Except as otherwise
  784  provided by this act, a responding tribunal of this state shall:
  785         (1) Shall Apply the procedural and substantive law,
  786  including the rules on choice of law, generally applicable to
  787  similar proceedings originating in this state and may exercise
  788  all powers and provide all remedies available in those
  789  proceedings; and
  790         (2) Shall Determine the duty of support and the amount
  791  payable in accordance with the law and support guidelines of
  792  this state.
  793         Section 19. Section 88.3041, Florida Statutes, is amended
  794  to read:
  795         88.3041 Duties of initiating tribunal.—
  796         (1) Upon the filing of a petition or comparable pleading
  797  authorized by this act, an initiating tribunal of this state
  798  shall forward three copies of the petition and its accompanying
  799  documents or a comparable pleading and its accompanying
  800  documents:
  801         (a) To the responding tribunal or appropriate support
  802  enforcement agency in the responding state; or
  803         (b) If the identity of the responding tribunal is unknown,
  804  to the state information agency of the responding state with a
  805  request that they be forwarded to the appropriate tribunal and
  806  that receipt be acknowledged.
  807         (2) If requested by the a responding tribunal state has not
  808  enacted this act or a law or procedure substantially similar to
  809  this act, a tribunal of this state shall may issue a certificate
  810  or other document and make findings required by the law of the
  811  responding state. If the responding tribunal is in a foreign
  812  country, upon request state is a foreign jurisdiction, the
  813  tribunal of this state shall may specify the amount of support
  814  sought, convert that amount into the equivalent amount in the
  815  foreign currency under applicable official or market exchange
  816  rate as publicly reported, and provide other documents necessary
  817  to satisfy the requirements of the responding foreign tribunal
  818  state.
  819         Section 20. Section 88.3051, Florida Statutes, is amended
  820  to read:
  821         88.3051 Duties and powers of responding tribunal.—
  822         (1) When a responding tribunal of this state receives a
  823  petition or comparable pleading from an initiating tribunal or
  824  directly pursuant to s. 88.3011(2) s. 88.3011(3), it shall cause
  825  the petition or comparable pleading to be filed and notify the
  826  petitioner where and when it was filed.
  827         (2) A responding tribunal of this state, to the extent not
  828  prohibited otherwise authorized by law, may do one or more of
  829  the following:
  830         (a) Establish Issue or enforce a support order, modify a
  831  child support order, determine the controlling child support
  832  order, or render a judgment to determine parentage of a child.
  833         (b) Order an obligor to comply with a support order,
  834  specifying the amount and the manner of compliance.
  835         (c) Order income withholding.
  836         (d) Determine the amount of any arrearages, and specify a
  837  method of payment.
  838         (e) Enforce orders by civil or criminal contempt, or both.
  839         (f) Set aside property for satisfaction of the support
  840  order.
  841         (g) Place liens and order execution on the obligor’s
  842  property.
  843         (h) Order an obligor to keep the tribunal informed of the
  844  obligor’s current residential address, electronic mail address,
  845  telephone number, employer, address of employment, and telephone
  846  number at the place of employment.
  847         (i) Issue a bench warrant, capias, or writ of bodily
  848  attachment for an obligor who has failed after proper notice to
  849  appear at a hearing ordered by the tribunal and enter the bench
  850  warrant, capias, or writ of bodily attachment in any local and
  851  state computer systems for criminal warrants.
  852         (j) Order the obligor to seek appropriate employment by
  853  specified methods.
  854         (k) Award reasonable attorney’s fees and other fees and
  855  costs.
  856         (l) Grant any other available remedy.
  857         (3) A responding tribunal of this state shall include in a
  858  support order issued under this act, or in the documents
  859  accompanying the order, the calculations on which the support
  860  order is based.
  861         (4) A responding tribunal of this state may not condition
  862  the payment of a support order issued under this act upon
  863  compliance by a party with provisions for visitation.
  864         (5) If a responding tribunal of this state issues an order
  865  under this act, the tribunal shall send a copy of the order to
  866  the petitioner and the respondent and to the initiating
  867  tribunal, if any.
  868         (6) If requested to enforce a support order, arrears, or
  869  judgment or modify a support order stated in a foreign currency,
  870  a responding tribunal of this state shall convert the amount
  871  stated in the foreign currency to the equivalent amount in
  872  dollars under the applicable official or market exchange rate as
  873  publicly reported.
  874         Section 21. Section 88.3061, Florida Statutes, is amended
  875  to read:
  876         88.3061 Inappropriate tribunal.—If a petition or comparable
  877  pleading is received by an inappropriate tribunal of this state,
  878  the tribunal it shall forward the pleading and accompanying
  879  documents to an appropriate tribunal of in this state or another
  880  state and notify the petitioner where and when the pleading was
  881  sent.
  882         Section 22. Section 88.3071, Florida Statutes, is amended
  883  to read:
  884         88.3071 Duties of support enforcement agency.—
  885         (1) In a proceeding under this act, the support enforcement
  886  agency of this state, upon request:
  887         (a)Shall provide services to a petitioner residing in a
  888  state;
  889         (b) Shall provide services to a petitioner requesting
  890  services through a central authority of a foreign country; and
  891         (c) May provide services to a petitioner who is an
  892  individual not residing in this state. A support enforcement
  893  agency of this state, upon request, shall provide services to a
  894  petitioner in a proceeding under this act.
  895         (2) A support enforcement agency of this state which that
  896  is providing services to the petitioner as appropriate shall:
  897         (a) Take all steps necessary to enable an appropriate
  898  tribunal of in this state, or another state, or a foreign
  899  country to obtain jurisdiction over the respondent.
  900         (b) Request an appropriate tribunal to set a date, time,
  901  and place for a hearing.
  902         (c) Make a reasonable effort to obtain all relevant
  903  information, including information as to income and property of
  904  the parties.
  905         (d) Within 10 days, exclusive of Saturdays, Sundays, and
  906  legal holidays, after receipt of a written notice from an
  907  initiating, responding, or registering tribunal, send a copy of
  908  the notice to the petitioner.
  909         (e) Within 10 days, exclusive of Saturdays, Sundays, and
  910  legal holidays, after receipt of a written communication from
  911  the respondent or the respondent’s attorney, send a copy of the
  912  communication to the petitioner.
  913         (f) Notify the petitioner if jurisdiction over the
  914  respondent cannot be obtained.
  915         (3)The support enforcement agency of this state which
  916  requests registration of a child support order in this state for
  917  enforcement or for modification shall make reasonable efforts:
  918         (a) To ensure that the order to be registered is the
  919  controlling order; or
  920         (b) If two or more child support orders exist and the
  921  identity of the controlling order has not been determined, to
  922  ensure that a request for such a determination is made in a
  923  tribunal having jurisdiction to do so.
  924         (4)A support enforcement agency of this state which
  925  requests registration and enforcement of a support order,
  926  arrears, or judgment stated in a foreign currency shall convert
  927  the amounts stated in the foreign currency into the equivalent
  928  amount in dollars under the applicable official or market
  929  exchange rate as publicly reported.
  930         (5)A support enforcement agency of this state shall issue
  931  or request a tribunal of this state to issue a child support
  932  order and an income-withholding order that redirect payment of
  933  current support, arrears, and interest if requested to do so by
  934  a support enforcement agency of another state pursuant to s.
  935  88.3191.
  936         (6)(3) This act does not create or negate a relationship of
  937  attorney and client or other fiduciary relationship between a
  938  support enforcement agency or the attorney for the agency and
  939  the individual being assisted by the agency.
  940         Section 23. Section 88.3081, Florida Statutes, is amended
  941  to read:
  942         88.3081 Duty of Governor and Cabinet.—
  943         (1) If the Governor and Cabinet determine that the support
  944  enforcement agency is neglecting or refusing to provide services
  945  to an individual, the Governor and Cabinet may order the agency
  946  to perform its duties under this act or may provide those
  947  services directly to the individual.
  948         (2) The Governor and Cabinet may determine that a foreign
  949  country has established reciprocal arrangements for child
  950  support with this state and take appropriate action for
  951  notification of the determination.
  952         Section 24. Section 88.3101, Florida Statutes, is amended
  953  to read:
  954         88.3101 Duties of state information agency.—
  955         (1) The Department of Revenue is the state information
  956  agency under this act.
  957         (2) The state information agency shall:
  958         (a) Compile and maintain a current list, including
  959  addresses, of the tribunals in this state which have
  960  jurisdiction under this act and any support enforcement agencies
  961  in this state and transmit a copy to the state information
  962  agency of every other state.
  963         (b) Maintain a register of names and addresses of tribunals
  964  and support enforcement agencies received from other states.
  965         (c) Forward to the appropriate tribunal in the place in
  966  this state in which the individual obligee, who is an
  967  individual, or the obligor resides, or in which the obligor’s
  968  property is believed to be located, all documents concerning a
  969  proceeding under this act received from another state or foreign
  970  country an initiating tribunal or the state information agency
  971  of the initiating state.
  972         (3) Obtain information concerning the location of the
  973  obligor and the obligor’s property within this state not exempt
  974  from execution, by such means as postal verification and federal
  975  or state locator services, examination of telephone directories,
  976  requests for the obligor’s address from employers, and
  977  examination of governmental records, including, to the extent
  978  not prohibited by other law, those relating to real property,
  979  vital statistics, law enforcement, taxation, motor vehicles,
  980  driver’s licenses, and social security.
  981         Section 25. Section 88.3111, Florida Statutes, is amended
  982  to read:
  983         88.3111 Pleadings and accompanying documents.—
  984         (1) In a proceeding under this act, a petitioner seeking to
  985  establish or modify a support order, or to determine parentage
  986  of a child, or to register and modify a support order of a
  987  tribunal of another state or foreign country shall in a
  988  proceeding under this act must verify the petition or comparable
  989  pleading. Unless otherwise ordered under s. 88.3121
  990  (nondisclosure of information in exceptional circumstances), the
  991  petition or comparable pleading or the documents accompanying
  992  either the petition or comparable pleading must provide, so far
  993  as known, the name, residential address, and social security
  994  numbers of the obligor and the obligee, or the parent and
  995  alleged parent, and the name, sex, residential address, social
  996  security number, and date of birth of each child for whom
  997  support is sought or whose parentage is to be determined. Unless
  998  filed at the time of registration, the petition must be
  999  accompanied by a certified copy of any support order known to
 1000  have been issued by another tribunal in effect. The petition may
 1001  include any other information that may assist in locating or
 1002  identifying the respondent.
 1003         (2) The petition must specify the relief sought. The
 1004  petition and accompanying documents must conform substantially
 1005  with the requirements imposed by the forms mandated by federal
 1006  law for use in cases filed by a support enforcement agency.
 1007         Section 26. Section 88.3121, Florida Statutes, is amended
 1008  to read:
 1009         88.3121 Nondisclosure of information in exceptional
 1010  circumstances.—If a party alleges in an affidavit or a pleading
 1011  under oath that the health, safety, or liberty of a party or
 1012  child would be jeopardized by disclosure of specific identifying
 1013  information, that information must be sealed and may not be
 1014  disclosed to the other party or the public. After a hearing in
 1015  which a tribunal takes into consideration the health, safety, or
 1016  liberty of the party or child, the tribunal may order disclosure
 1017  of information that the tribunal determines to be in the
 1018  interest of justice. Upon a finding, which may be made ex parte,
 1019  that the health, safety, or liberty of a party or child would be
 1020  unreasonably put at risk by the disclosure of identifying
 1021  information, or if an existing order so provides, a tribunal
 1022  shall order that the address of the child or party or other
 1023  identifying information not be disclosed in a pleading or other
 1024  document filed in a proceeding under this act.
 1025         Section 27. Section 88.3131, Florida Statutes, is amended
 1026  to read:
 1027         88.3131 Costs and fees.—
 1028         (1) The petitioner may not be required to pay a filing fee
 1029  or other costs.
 1030         (2) If an obligee prevails, a responding tribunal of this
 1031  state may assess against an obligor filing fees, reasonable
 1032  attorney’s fees, other costs, and necessary travel and other
 1033  reasonable expenses incurred by the obligee and the obligee’s
 1034  witnesses. The tribunal may not assess fees, costs, or expenses
 1035  against the obligee or the support enforcement agency of either
 1036  the initiating or the responding state or foreign country,
 1037  except as provided by other law. Attorney’s fees may be taxed as
 1038  costs, and may be ordered paid directly to the attorney, who may
 1039  enforce the order in the attorney’s own name. Payment of support
 1040  owed to the obligee has priority over fees, costs, and expenses.
 1041         (3) The tribunal shall order the payment of costs and
 1042  reasonable attorney’s fees if it determines that a hearing was
 1043  requested primarily for delay. In a proceeding under part VI of
 1044  this chapter, a hearing is presumed to have been requested
 1045  primarily for delay if a registered support order is confirmed
 1046  or enforced without change.
 1047         Section 28. Section 88.3141, Florida Statutes, is amended
 1048  to read:
 1049         88.3141 Limited immunity of petitioner.—
 1050         (1) Participation by a petitioner in a proceeding under
 1051  this act before a responding tribunal, whether in person, by
 1052  private attorney, or through services provided by the support
 1053  enforcement agency, does not confer personal jurisdiction over
 1054  the petitioner in another proceeding.
 1055         (2) A petitioner is not amenable to service of civil
 1056  process while physically present in this state to participate in
 1057  a proceeding under this act.
 1058         (3) The immunity granted by this section does not extend to
 1059  civil litigation based on acts unrelated to a proceeding under
 1060  this act committed by a party while present in this state to
 1061  participate in the proceeding.
 1062         Section 29. Section 88.3161, Florida Statutes, is amended
 1063  to read:
 1064         88.3161 Special rules of evidence and procedure.—
 1065         (1) The physical presence of a nonresident party who is an
 1066  individual the petitioner in a responding tribunal of this state
 1067  is not required for the establishment, enforcement, or
 1068  modification of a support order or the rendition of a judgment
 1069  determining parentage of a child.
 1070         (2) An A verified petition or other comparable pleading,
 1071  affidavit or, document substantially complying with federally
 1072  mandated forms, and a document incorporated by reference in any
 1073  of them, which would not be excluded under the hearsay rule if
 1074  given in person, is admissible in evidence if given under
 1075  penalty of perjury oath by a party or witness residing outside
 1076  this in another state.
 1077         (3) A copy of the record of child support payments
 1078  certified as a true copy of the original by the custodian of the
 1079  record may be forwarded to a responding tribunal. The copy is
 1080  evidence of facts asserted in it, and is admissible to show
 1081  whether payments were made.
 1082         (4) Copies of bills for testing for parentage of a child,
 1083  and for prenatal and postnatal health care of the mother and
 1084  child, furnished to the adverse party at least 10 days before
 1085  trial, are admissible in evidence to prove the amount of the
 1086  charges billed and that the charges were reasonable, necessary,
 1087  and customary.
 1088         (5) Documentary evidence transmitted from outside this
 1089  another state to a tribunal of this state by telephone,
 1090  telecopier, or other electronic means that do not provide an
 1091  original record writing may not be excluded from evidence on an
 1092  objection based on the means of transmission.
 1093         (6) In a proceeding under this act, a tribunal of this
 1094  state shall may permit a party or witness residing outside this
 1095  in another state to be deposed or to testify by telephone,
 1096  audiovisual means, or other electronic means at a designated
 1097  tribunal or other location in that state. A tribunal of this
 1098  state shall cooperate with other tribunals of other states in
 1099  designating an appropriate location for the deposition or
 1100  testimony.
 1101         (7) If a party called to testify at a civil hearing refuses
 1102  to answer on the ground that the testimony may be self
 1103  incriminating, the trier of fact may draw an adverse inference
 1104  from the refusal.
 1105         (8) A privilege against disclosure of communications
 1106  between spouses does not apply in a proceeding under this act.
 1107         (9) The defense of immunity based on the relationship of
 1108  husband and wife or parent and child does not apply in a
 1109  proceeding under this act.
 1110         (10) A voluntary acknowledgment of paternity, certified as
 1111  a true copy, is admissible to establish parentage of a child.
 1112         Section 30. Section 88.3171, Florida Statutes, is amended
 1113  to read:
 1114         88.3171 Communications between tribunals.—A tribunal of
 1115  this state may communicate with a tribunal outside this of
 1116  another state in a record writing, or by telephone, electronic
 1117  mail, or other means, to obtain information concerning the laws
 1118  of that state, the legal effect of a judgment, decree, or order
 1119  of that tribunal, and the status of a proceeding in the other
 1120  state. A tribunal of this state may furnish similar information
 1121  by similar means to a tribunal outside this of another state.
 1122         Section 31. Section 88.3181, Florida Statutes, is amended
 1123  to read:
 1124         88.3181 Assistance with discovery.—A tribunal of this state
 1125  may:
 1126         (1) Request a tribunal outside this of another state to
 1127  assist in obtaining discovery.
 1128         (2) Upon request, compel a person over whom it has
 1129  jurisdiction to respond to a discovery order issued by a
 1130  tribunal outside this of another state.
 1131         Section 32. Section 88.3191, Florida Statutes, is amended
 1132  to read:
 1133         88.3191 Receipt and disbursement of payments.—
 1134         (1) A support enforcement agency or tribunal of this state
 1135  shall disburse promptly any amounts received pursuant to a
 1136  support order, as directed by the order. The agency or tribunal
 1137  shall furnish to a requesting party or tribunal of another state
 1138  a certified statement by the custodian of the record of the
 1139  amounts and dates of all payments received.
 1140         (2) If the obligor, obligee, and child reside in this
 1141  state, upon request from the support enforcement agency of this
 1142  state or another state, the support enforcement agency of this
 1143  state or a tribunal of this state shall:
 1144         (a) Direct that the support payment be made to the support
 1145  enforcement agency in the state in which the obligee is
 1146  receiving services; and
 1147         (b) Issue and send to the obligor’s employer a conforming
 1148  income-withholding order or an administrative notice of change
 1149  of payee, reflecting the redirected payments.
 1150         (3) The support enforcement agency of this state receiving
 1151  redirected payments from another state pursuant to a law similar
 1152  to subsection (2) shall furnish to a requesting party or
 1153  tribunal of the other state a certified statement by the
 1154  custodian of the record of the amount and dates of all payments
 1155  received.
 1156         Section 33. Section 88.4011, Florida Statutes, is amended
 1157  to read:
 1158         88.4011 Establishment of Petition to establish support
 1159  order.—
 1160         (1) If a support order entitled to recognition under this
 1161  act has not been issued, a responding tribunal of this state
 1162  having personal jurisdiction over the parties may issue a
 1163  support order if:
 1164         (a) The individual seeking the order resides outside this
 1165  in another state; or
 1166         (b) The support enforcement agency seeking the order is
 1167  located outside this in another state.
 1168         (2) The tribunal may issue a temporary child support order
 1169  if the tribunal determines that such an order is appropriate and
 1170  the person who is ordered to pay is:
 1171         (a) Presumed to be the father of the child;
 1172         (b) Petitioning to have his paternity adjudicated;
 1173         (c) Identified as the father of the child through genetic
 1174  testing;
 1175         (d) An alleged father who has declined to submit to genetic
 1176  testing;
 1177         (e) Shown by clear and convincing evidence to be the father
 1178  of the child;
 1179         (f) An acknowledged father as provided by applicable state
 1180  law;
 1181         (g) The mother of the child; or
 1182         (h) A person who has been ordered to pay child support in a
 1183  previous proceeding and the order has not been reversed or
 1184  vacated.
 1185         (a) The respondent has signed a verified statement
 1186  acknowledging parentage;
 1187         (b) The respondent has been determined by or pursuant to
 1188  law to be the parent; or
 1189         (c) There is other clear and convincing evidence that the
 1190  respondent is the child’s parent.
 1191         (3) Upon finding, after notice and opportunity to be heard,
 1192  that an obligor owes a duty of support, the tribunal shall issue
 1193  a support order directed to the obligor and may issue other
 1194  orders pursuant to s. 88.3051.
 1195         Section 34. Section 88.5011, Florida Statutes, is amended
 1196  to read:
 1197         88.5011 Employer’s receipt of income-withholding order of
 1198  another state.—An income-withholding order issued in another
 1199  state may be sent by or on behalf of the obligee, or by the
 1200  support enforcement agency, to the person or entity defined as
 1201  the obligor’s employer under the income deduction law of this
 1202  state or payor as defined by s. 61.046, without first filing a
 1203  petition or comparable pleading or registering the order with a
 1204  tribunal of this state.
 1205         Section 35. Section 88.5031, Florida Statutes, is amended
 1206  to read:
 1207         88.5031 Employer’s compliance with two or more multiple
 1208  income-withholding orders.—If an the obligor’s employer receives
 1209  multiple income-withholding orders with respect to the earnings
 1210  of the same obligor, the employer satisfies the terms of the two
 1211  or more multiple orders if the employer complies with the law of
 1212  the state of the obligor’s principal place of employment to
 1213  establish the priorities for withholding and allocating income
 1214  withheld for two or more multiple child support obligees.
 1215         Section 36. Section 88.5041, Florida Statutes, is amended
 1216  to read:
 1217         88.5041 Immunity from civil liability.—An employer who
 1218  complies with an income-withholding order issued outside this in
 1219  another state in accordance with this article is not subject to
 1220  civil liability to an individual or agency with regard to the
 1221  employer’s withholding of child support from the obligor’s
 1222  income.
 1223         Section 37. Section 88.5051, Florida Statutes, is amended
 1224  to read:
 1225         88.5051 Penalties for noncompliance.—An employer who
 1226  willfully fails to comply with an income-withholding order
 1227  issued outside this by another state and received for
 1228  enforcement is subject to the same penalties that may be imposed
 1229  for noncompliance with an order issued by a tribunal of this
 1230  state.
 1231         Section 38. Section 88.5061, Florida Statutes, is amended
 1232  to read:
 1233         88.5061 Contest by obligor.—
 1234         (1) An obligor may contest the validity or enforcement of
 1235  an income-withholding order issued in another state and received
 1236  directly by an employer in this state by registering the order
 1237  in a tribunal of this state and filing a contest to that order
 1238  as provided in part VI of this chapter, or otherwise contesting
 1239  the order in the same manner as if the order had been issued by
 1240  a tribunal of this state. Section 88.6041, choice of law,
 1241  applies to the contest.
 1242         (2) The obligor shall give notice of the contest to:
 1243         (a) A support enforcement agency providing services to the
 1244  obligee;
 1245         (b) Each employer that has directly received an income
 1246  withholding order relating to the obligor; and
 1247         (c) The person or agency designated to receive payments in
 1248  the income-withholding order, or if no person or agency is
 1249  designated, to the obligee.
 1250         Section 39. Section 88.5071, Florida Statutes, is amended
 1251  to read:
 1252         88.5071 Administrative enforcement of orders.—
 1253         (1) A party or support enforcement agency seeking to
 1254  enforce a support order or an income-withholding order, or both,
 1255  issued in by a tribunal of another state or a foreign support
 1256  order may send the documents required for registering the order
 1257  to a support enforcement agency of this state.
 1258         (2) Upon receipt of the documents, the support enforcement
 1259  agency, without initially seeking to register the order, shall
 1260  consider and, if appropriate, use any administrative procedure
 1261  authorized by the law of this state to enforce a support order
 1262  or an income-withholding order, or both. If the obligor does not
 1263  contest administrative enforcement, the order need not be
 1264  registered. If the obligor contests the validity or
 1265  administrative enforcement of the order, the support enforcement
 1266  agency shall register the order pursuant to this act.
 1267         Section 40. Section 88.6011, Florida Statutes, is amended
 1268  to read:
 1269         88.6011 Registration of order for enforcement.—A support
 1270  order or an income-withholding order issued in by a tribunal of
 1271  another state or a foreign support order may be registered in
 1272  this state for enforcement.
 1273         Section 41. Section 88.6021, Florida Statutes, is amended
 1274  to read:
 1275         88.6021 Procedure to register order for enforcement.—
 1276         (1) Except as otherwise provided in s. 88.7061, a support
 1277  order or income-withholding order of another state or a foreign
 1278  support order may be registered in this state by sending the
 1279  following records documents and information to the appropriate
 1280  tribunal in this state:
 1281         (a) A letter of transmittal to the tribunal requesting
 1282  registration and enforcement.
 1283         (b) Two copies, including one certified copy, of the order
 1284  all orders to be registered, including any modification of the
 1285  an order.
 1286         (c) A sworn statement by the person requesting party
 1287  seeking registration or a certified statement by the custodian
 1288  of the records showing the amount of any arrearage.
 1289         (d) The name of the obligor and, if known:
 1290         1. The obligor’s address and social security number.
 1291         2. The name and address of the obligor’s employer and any
 1292  other source of income of the obligor.
 1293         3. A description and the location of property of the
 1294  obligor in this state not exempt from execution.
 1295         (e) Except as otherwise provided in s. 88.3121, the name
 1296  and address of the obligee and, if applicable, the agency or
 1297  person to whom support payments are to be remitted.
 1298         (2) On receipt of a request for registration, the
 1299  registering tribunal shall cause the order to be filed as an
 1300  order of a tribunal of another state or a foreign support order
 1301  a foreign judgment, together with one copy of the documents and
 1302  information, regardless of their form.
 1303         (3) A petition or comparable pleading seeking a remedy that
 1304  must be affirmatively sought under other law of this state may
 1305  be filed at the same time as the request for registration or
 1306  later. The pleading must specify the grounds for the remedy
 1307  sought.
 1308         (4)If two or more orders are in effect, the person
 1309  requesting registration shall:
 1310         (a) Furnish to the tribunal a copy of every support order
 1311  asserted to be in effect in addition to the documents specified
 1312  in this section;
 1313         (b) Specify the order alleged to be the controlling order,
 1314  if any; and
 1315         (c) Specify the amount of consolidated arrears, if any.
 1316         (5)A request for a determination of which is the
 1317  controlling order may be filed separately, may be filed with a
 1318  request for registration and enforcement, or may be filed with a
 1319  request for registration and modification. The person requesting
 1320  registration shall give notice of the request to each party
 1321  whose rights may be affected by the determination.
 1322         Section 42. Section 88.6031, Florida Statutes, is amended
 1323  to read:
 1324         88.6031 Effect of registration for enforcement.—
 1325         (1) A support order or income-withholding order issued in
 1326  another state or a foreign support order is registered when the
 1327  order is filed in the registering tribunal of this state.
 1328         (2) A registered support order issued in another state or
 1329  in a foreign country is enforceable in the same manner and is
 1330  subject to the same procedures as an order issued by a tribunal
 1331  of this state.
 1332         (3) Except as otherwise provided in this act article, a
 1333  tribunal of this state shall recognize and enforce, but may not
 1334  modify, a registered support order if the issuing tribunal had
 1335  jurisdiction.
 1336         Section 43. Section 88.6041, Florida Statutes, is amended
 1337  to read:
 1338         88.6041 Choice of law.—
 1339         (1) Except as otherwise provided in subsection (4), the law
 1340  of the issuing state governs:
 1341         (a) The nature, extent, amount, and duration of current
 1342  payments and other obligations of support and the payment of
 1343  arrearages under a registered the order.
 1344         (b) The computation and payment of arrearages and accrual
 1345  of interest on the arrearages under the support order.
 1346         (c) The existence and satisfaction of other obligations
 1347  under the support order.
 1348         (2) In a proceeding for arrearages under a registered
 1349  support order, the statute of limitation under the laws of this
 1350  state or of the issuing state or foreign country, whichever is
 1351  longer, applies.
 1352         (3)A responding tribunal of this state shall apply the
 1353  procedures and remedies of this state to enforce current support
 1354  and collect arrears and interest due on a support order of
 1355  another state or foreign country registered in this state.
 1356         (4) After a tribunal of this or another state determines
 1357  which is the controlling order and issues an order consolidating
 1358  arrears, if any, a tribunal of this state shall prospectively
 1359  apply the law of the state or foreign country issuing the
 1360  controlling order, including its law on interest on arrears, on
 1361  current and future support, and on consolidated arrears.
 1362         Section 44. Section 88.6051, Florida Statutes, is amended
 1363  to read:
 1364         88.6051 Notice of registration of order.—
 1365         (1) When a support order or income-withholding order issued
 1366  in another state or foreign country is registered, the
 1367  registering tribunal of this state shall notify the
 1368  nonregistering party. The notice must be accompanied by a copy
 1369  of the registered order and the documents and relevant
 1370  information accompanying the order.
 1371         (2) The notice must inform the nonregistering party:
 1372         (a) That a registered order is enforceable as of the date
 1373  of registration in the same manner as an order issued by a
 1374  tribunal of this state.
 1375         (b) That a hearing to contest the validity or enforcement
 1376  of the registered order must be requested within 20 days after
 1377  notice unless the registered order is contested under s. 88.7071
 1378  the date of mailing or personal service of the notice.
 1379         (c) That failure to contest the validity or enforcement of
 1380  the registered order in a timely manner will result in
 1381  confirmation of the order and enforcement of the order and the
 1382  alleged arrearages and precludes further contest of that order
 1383  with respect to any matter that could have been asserted.
 1384         (d) Of the amount of any alleged arrearages.
 1385         (3)If the registering party asserts that two or more
 1386  orders are in effect, a notice must also:
 1387         (a) Identify the two or more orders and the order alleged
 1388  by the registering party to be the controlling order and the
 1389  consolidated arrears, if any;
 1390         (b) Notify the nonregistering party of the right to a
 1391  determination of which is the controlling order;
 1392         (c)State that the procedures provided in paragraph (b)
 1393  apply to the determination of which is the controlling order;
 1394  and
 1395         (d)State that failure to contest the validity or
 1396  enforcement of the order alleged to be the controlling order in
 1397  a timely manner may result in confirmation that the order is the
 1398  controlling order.
 1399         (4)(3) Upon registration of an income-withholding order for
 1400  enforcement, the support enforcement agency or the registering
 1401  tribunal shall notify the obligor’s employer pursuant to chapter
 1402  61 or other income deduction law of this state.
 1403         Section 45. Section 88.6061, Florida Statutes, is amended
 1404  to read:
 1405         88.6061 Procedure to contest validity or enforcement of
 1406  registered order.—
 1407         (1) A nonregistering party seeking to contest the validity
 1408  or enforcement of a registered order in this state shall request
 1409  a hearing within the time required by s. 88.6051 20 days after
 1410  notice of the registration. The nonregistering party may seek to
 1411  vacate the registration, to assert any defense to an allegation
 1412  of noncompliance with the registered order, or to contest the
 1413  remedies being sought or the amount of any alleged arrearages
 1414  pursuant to s. 88.6071.
 1415         (2) If the nonregistering party fails to contest the
 1416  validity or enforcement of the registered support order in a
 1417  timely manner, the order is confirmed by operation of law.
 1418         (3) If a nonregistering party requests a hearing to contest
 1419  the validity or enforcement of the registered support order, the
 1420  registering tribunal shall schedule the matter for hearing and
 1421  give notice to the parties of the date, time, and place of the
 1422  hearing.
 1423         Section 46. Section 88.6071, Florida Statutes, is amended
 1424  to read:
 1425         88.6071 Contest of registration or enforcement.—
 1426         (1) A party contesting the validity or enforcement of a
 1427  registered support order or seeking to vacate the registration
 1428  has the burden of proving one or more of the following defenses:
 1429         (a) The issuing tribunal lacked personal jurisdiction over
 1430  the contesting party;
 1431         (b) The order was obtained by fraud;
 1432         (c) The order has been vacated, suspended, or modified by a
 1433  later order;
 1434         (d) The issuing tribunal has stayed the order pending
 1435  appeal;
 1436         (e) There is a defense under the law of this state to the
 1437  remedy sought;
 1438         (f) Full or partial payment has been made; or
 1439         (g) The statute of limitation under s. 88.6041 precludes
 1440  enforcement of some or all of the alleged arrearages; or
 1441         (h) The alleged controlling order is not the controlling
 1442  order.
 1443         (2) If a party presents evidence establishing a full or
 1444  partial defense under subsection (1), a tribunal may stay
 1445  enforcement of the registered support order, continue the
 1446  proceeding to permit production of additional relevant evidence,
 1447  and issue other appropriate orders. An uncontested portion of
 1448  the registered support order may be enforced by all remedies
 1449  available under the law of this state.
 1450         (3) If the contesting party does not establish a defense
 1451  under subsection (1) to the validity or enforcement of the
 1452  registered support order, the registering tribunal shall issue
 1453  an order confirming the order.
 1454         Section 47. Section 88.6081, Florida Statutes, is amended
 1455  to read:
 1456         88.6081 Confirmed order.—Confirmation of a registered
 1457  support order, whether by operation of law or after notice and
 1458  hearing, precludes further contest of the order with respect to
 1459  any matter that could have been asserted at the time of
 1460  registration.
 1461         Section 48. Section 88.6101, Florida Statutes, is amended
 1462  to read:
 1463         88.6101 Effect of registration for modification.—A tribunal
 1464  of this state may enforce a child support order of another state
 1465  registered for purposes of modification, in the same manner as
 1466  if the order had been issued by a tribunal of this state, but
 1467  the registered support order may be modified only if the
 1468  requirements of s. 88.6111 or s. 88.6131 have been met.
 1469         Section 49. Section 88.6111, Florida Statutes, is amended
 1470  to read:
 1471         88.6111 Modification of child support order of another
 1472  state.—
 1473         (1) If s. 88.6131 does not apply and except as otherwise
 1474  provided in s. 88.615, upon petition, a tribunal of this state
 1475  may modify After a child support order issued in another state
 1476  which is has been registered in this state if, the responding
 1477  tribunal of this state may modify that order only if s. 88.6131
 1478  does not apply and after notice and hearing, the tribunal it
 1479  finds that:
 1480         (a) The following requirements are met:
 1481         1. The child, the individual obligee, and the obligor do
 1482  not reside in the issuing state;
 1483         2. A petitioner who is a nonresident of this state seeks
 1484  modification; and
 1485         3. The respondent is subject to the personal jurisdiction
 1486  of the tribunal of this state; or
 1487         (b) This state is the residence of the child, or a party
 1488  who is an individual, is subject to the personal jurisdiction of
 1489  the tribunal of this state and all of the parties who are
 1490  individuals have filed written consents in a record in the
 1491  issuing tribunal for a tribunal of this state to modify the
 1492  support order and assume continuing exclusive jurisdiction over
 1493  the order. However, if the issuing state is a foreign
 1494  jurisdiction that has not enacted a law or established
 1495  procedures substantially similar to the procedures under this
 1496  act, the consent otherwise required of an individual residing in
 1497  this state is not required for the tribunal to assume
 1498  jurisdiction to modify the child support order.
 1499         (2) Modification of a registered child support order is
 1500  subject to the same requirements, procedures, and defenses that
 1501  apply to the modification of an order issued by a tribunal of
 1502  this state and the order may be enforced and satisfied in the
 1503  same manner.
 1504         (3) A tribunal of this state may not modify any aspect of a
 1505  child support order that may not be modified under the law of
 1506  the issuing state, including the duration of the obligation of
 1507  support. If two or more tribunals have issued child support
 1508  orders for the same obligor and child, the order that controls
 1509  and must be so recognized under s. 88.2071 establishes the
 1510  aspects of the support order which are nonmodifiable.
 1511         (5) In a proceeding to modify a child support order, the
 1512  law of the state that is determined to have issued the
 1513  controlling order governs the duration of the obligation of
 1514  support. The obligor’s fulfillment of the duty of support
 1515  established by that order precludes imposition of a further
 1516  obligation of support by a tribunal of this state.
 1517         (6)(4) On the issuance of an order by a tribunal of this
 1518  state modifying a child support order issued in another state, a
 1519  tribunal of this state becomes the tribunal of continuing
 1520  exclusive jurisdiction.
 1521         (7) Notwithstanding subsections (1)-(5) or s. 88.2011(2), a
 1522  tribunal of this state retains jurisdiction to modify an order
 1523  issued by a tribunal of this state if:
 1524         (a) One party resides in another state; and
 1525         (b) The other party resides outside the United States.
 1526         Section 50. Section 88.6121, Florida Statutes, is amended
 1527  to read:
 1528         88.6121 Recognition of order modified in another state.—If
 1529  a child support order issued by a tribunal of this state is
 1530  modified shall recognize a modification of its earlier child
 1531  support order by a tribunal of another state which assumed
 1532  jurisdiction pursuant to this act, a tribunal of this state act
 1533  or a law substantially similar to this act and, upon request,
 1534  except as otherwise provided in this act, shall:
 1535         (1) May enforce the order that was modified only as to
 1536  arrears and interest amounts accruing before the modification.
 1537         (2) Enforce only nonmodifiable aspects of that order.
 1538         (2)(3)May provide other appropriate relief only for
 1539  violations of that order which occurred before the effective
 1540  date of the modification.
 1541         (3)(4)Shall recognize the modifying order of the other
 1542  state, upon registration, for the purpose of enforcement.
 1543         Section 51. Section 88.6151, Florida Statutes, is created
 1544  to read:
 1545         88.6151 Jurisdiction to modify a child support order of a
 1546  foreign country.—Except as otherwise provided in s. 88.7111, if
 1547  a foreign country lacks jurisdiction or refuses to exercise
 1548  jurisdiction to modify its child support order pursuant to its
 1549  laws, a tribunal of this state may assume jurisdiction to modify
 1550  the child support order and bind all persons subject to the
 1551  personal jurisdiction of the tribunal whether or not the consent
 1552  to modification of a child support order otherwise required of
 1553  the person pursuant to s. 88.6111 has been given or whether the
 1554  person seeking modification is a resident of this state or of
 1555  the foreign country.
 1556         Section 52. Section 88.6161, Florida Statutes, is created
 1557  to read:
 1558         88.6161Procedure to register child support order of
 1559  foreign country for modification.—A party or support enforcement
 1560  agency seeking to modify, or to modify and enforce, a foreign
 1561  child support order may register that order in this state as
 1562  provided in ss. 88.6011-88.6081, if the order has not been
 1563  registered. A petition for modification may be filed at the same
 1564  time as a request for registration or at another time. The
 1565  petition must specify the grounds for modification.
 1566         Section 53. Section 88.7011, Florida Statutes, is repealed.
 1567         Section 54. Section 88.7021, Florida Statutes, is created
 1568  to read:
 1569         88.7021Applicability.—This part applies only to a support
 1570  proceeding involving a foreign country in which the convention
 1571  is in force with respect to the United States. In such a
 1572  proceeding, if a provision of this part is inconsistent with a
 1573  provision in parts I-VI, this part controls.
 1574         Section 55. Section 88.7031, Florida Statutes, is created
 1575  to read:
 1576         88.7031Relationship of the Department of Children and
 1577  Family Services to United States Central Authority.—The
 1578  Department of Children and Family Services of this state is
 1579  recognized as the agency designated by the United States Central
 1580  Authority to perform specific functions under the convention.
 1581         Section 56. Section 88.7041, Florida Statutes, is created
 1582  to read:
 1583         88.7041Initiation by governmental entity of support
 1584  proceedings subject to convention.—
 1585         (1) In a proceeding subject to the convention, the
 1586  governmental entity of this state shall:
 1587         (a) Transmit and receive applications; and
 1588         (b) Initiate or facilitate the institution of a proceeding
 1589  regarding an application in a tribunal of this state.
 1590         (2) The following support proceedings are available to an
 1591  obligee under the convention:
 1592         (a) Recognition or recognition and enforcement of a foreign
 1593  support order;
 1594         (b) Enforcement of a support order issued or recognized in
 1595  this state;
 1596         (c) Establishment of a support order if there is no
 1597  existing order, including, where necessary, determination of
 1598  parentage;
 1599         (d) Establishment of a support order if recognition of a
 1600  foreign support order is not possible or is refused because of
 1601  the lack of a basis for recognition and enforcement under s.
 1602  88.7081 or on grounds specified in s. 88.7091(2) or (5);
 1603         (e) Modification of a support order made by a tribunal of
 1604  this state; and
 1605         (f) Modification of a foreign support order.
 1606         (3) The following support proceedings are available under
 1607  the convention to an obligor against whom there is an existing
 1608  support order:
 1609         (a) Recognition of an order suspending or limiting
 1610  enforcement of an existing support order of a tribunal of this
 1611  state;
 1612         (b) Modification of a support order of a tribunal of this
 1613  state; and
 1614         (c) Modification of a support order of a tribunal of
 1615  another state or foreign country.
 1616         (4) A tribunal of this state may not require security,
 1617  bond, or deposit, however described, to guarantee the payment of
 1618  costs and expenses in proceedings under the convention.
 1619         Section 57. Section 88.7051, Florida Statutes, is created
 1620  to read:
 1621         88.7051 Direct request.—
 1622         (1) A petitioner may file a direct request in a tribunal of
 1623  this state seeking the establishment or modification of a
 1624  support order or determination of parentage. In the proceeding,
 1625  the law of this state applies.
 1626         (2) A petitioner may file a direct request in a tribunal of
 1627  this state seeking the recognition and enforcement of a support
 1628  order or support agreement. In such a proceeding, the provisions
 1629  of ss. 88.7061-88.7121 apply.
 1630         (3) In a direct request for recognition and enforcement of
 1631  a foreign support order or agreement:
 1632         (a) Security, bond, or deposit is not required to guarantee
 1633  the payment of costs and expenses related to the proceedings;
 1634  and
 1635         (b) The obligee or obligor, who in the issuing country has
 1636  benefited from free legal assistance, is entitled to benefit, at
 1637  least to the same extent, from any free legal assistance
 1638  provided for by the law of this state under the same
 1639  circumstances.
 1640         (4) A person filing directly to a tribunal may not receive
 1641  assistance from the governmental entity.
 1642         (5) This part does not prevent the application of laws of
 1643  this state which provide simplified, more expeditious rules
 1644  regarding a direct request for recognition and enforcement of a
 1645  foreign support order or support agreement.
 1646         Section 58. Section 88.7061, Florida Statutes, is created
 1647  to read:
 1648         88.7061Registration of support order subject to
 1649  convention.—
 1650         (1) Except as otherwise provided in this part VII of this
 1651  chapter, a party who is a person or a support enforcement agency
 1652  seeking recognition of a foreign support order subject to the
 1653  convention shall register the order in this state as provided in
 1654  part VI of this chapter.
 1655         (2) Notwithstanding ss. 88.3111 and 88.6021, a request for
 1656  registration of a foreign support order subject to the
 1657  convention shall be accompanied by:
 1658         (a) The complete text of the support order, or an abstract
 1659  or extract of the support order drawn up by the issuing foreign
 1660  tribunal, which may be in the form recommended by the Hague
 1661  Conference on Private International Law;
 1662         (b) A record stating that the support order is enforceable
 1663  in the issuing country;
 1664         (c) If the respondent did not appear and was not
 1665  represented in the proceedings in the issuing country, a record
 1666  attesting, as appropriate, that the respondent had proper notice
 1667  of the proceedings and an opportunity to be heard or that the
 1668  respondent had proper notice of the support order and the
 1669  opportunity to challenge or appeal it on fact and law;
 1670         (d) If necessary, a record showing the amount of any
 1671  arrears, and the date the amount was calculated;
 1672         (e) If necessary, a record showing a requirement for
 1673  automatic adjustment of the amount of support, if any, and the
 1674  information necessary to make the appropriate calculations; and
 1675         (f) If necessary, a record showing the extent to which the
 1676  applicant received free legal assistance in the issuing country.
 1677         (3) A request for registration of a foreign support order
 1678  may seek recognition and partial enforcement of the order.
 1679         (4) A tribunal of this state may refuse to register a
 1680  foreign support order only if recognition and enforcement of the
 1681  order is manifestly incompatible with public policy.
 1682         (5) The tribunal shall promptly notify the parties of the
 1683  registration or the refusal to register a foreign support order.
 1684         Section 59. Section 88.7071, Florida Statutes, is created
 1685  to read:
 1686         88.7071Contest of validity of foreign support order
 1687  subject to the convention.—
 1688         (1) Except as otherwise provided in this part, ss. 88.6051
 1689  88.6081 apply to a contest of the validity of a registered
 1690  foreign support order subject to the convention.
 1691         (2) A party contesting the recognition and enforcement of a
 1692  registered foreign support order subject to the convention must
 1693  file a contest within 30 days after notice of the registration
 1694  unless the contesting party does not reside in the United States
 1695  or a state, in which case the contest must be filed within 60
 1696  days after notice.
 1697         (3) A contest of a registered foreign support order may be
 1698  based only on:
 1699         (a) The authenticity or integrity of any record transmitted
 1700  in accordance with s. 88.7061;
 1701         (b) The lack of a basis for enforcement under s. 88.7081;
 1702         (c) The grounds for refusing enforcement under s. 88.7091;
 1703  or
 1704         (d) The payment in part or whole of the alleged arrears.
 1705         (4) In a contest of the validity of a registered foreign
 1706  support order, a tribunal of this state:
 1707         (a) Is bound by the findings of fact on which the foreign
 1708  tribunal based its jurisdiction; and
 1709         (b) May not review the merits of the support order.
 1710         (5) A tribunal of this state deciding a contest of the
 1711  validity of a registered foreign support order shall promptly
 1712  notify the parties of its decision.
 1713         (6) An appeal, if any, does not stay the enforcement of a
 1714  foreign support order unless there are exceptional
 1715  circumstances.
 1716         Section 60. Section 88.7081, Florida Statutes, is created
 1717  to read:
 1718         88.7081Recognition and enforcement of foreign support
 1719  order subject to convention.—
 1720         (1) A tribunal of this state shall recognize and enforce a
 1721  foreign support order subject to the convention if:
 1722         (a) The issuing tribunal had personal jurisdiction
 1723  consistent with s. 88.2011; and
 1724         (b) The order is enforceable in the issuing country.
 1725         (2) If a tribunal of this state does not recognize a
 1726  foreign support order because under similar facts the tribunal
 1727  would not have had personal jurisdiction consistent with s.
 1728  88.2011:
 1729         (a) The tribunal must allow a reasonable time for a party
 1730  to request the tribunal to establish a support order;
 1731         (b) The tribunal may not use its refusal to recognize the
 1732  foreign support order as a basis for dismissing the request; and
 1733         (c) The governmental entity shall take all appropriate
 1734  measures to request a child support order for the obligee if the
 1735  application for recognition and enforcement was received under
 1736  s. 88.7041(1).
 1737         (3) If a tribunal of this state is unable to recognize and
 1738  enforce the whole of a foreign support order, it shall enforce
 1739  any severable part of the order. An application or direct
 1740  request may seek recognition and partial enforcement of a
 1741  foreign support order.
 1742         Section 61. Section 88.7091, Florida Statutes, is created
 1743  to read:
 1744         88.7091Refusal of recognition and enforcement of foreign
 1745  support order subject to convention.—A tribunal of this state
 1746  may refuse recognition and enforcement of a foreign support
 1747  order subject to the convention if:
 1748         (1) Recognition and enforcement of the order is manifestly
 1749  incompatible with public policy.
 1750         (2) The order was obtained by fraud in connection with a
 1751  matter of procedure.
 1752         (3) A proceeding between the same parties and having the
 1753  same purpose is pending before a tribunal of this state and that
 1754  proceeding was the first to be instituted.
 1755         (4) The order is incompatible with a more recent support
 1756  order issued between the same parties and having the same
 1757  purpose if the more recent support order is entitled to
 1758  recognition and enforcement in this state.
 1759         (5) In a case in which the respondent neither appeared nor
 1760  was represented in the proceeding in the issuing foreign country
 1761  when the law of the country:
 1762         (a) Provides for notice of proceedings, the respondent did
 1763  not have proper notice of the proceedings and an opportunity to
 1764  be heard; or
 1765         (b) Does not provide for notice of the proceedings, the
 1766  respondent did not have proper notice of the order, and the
 1767  opportunity to challenge or appeal it on fact and law.
 1768         (6) The order was made in violation of s. 88.7111.
 1769         Section 62. Section 88.7101, Florida Statutes, is created
 1770  to read:
 1771         88.7101Foreign support agreement subject to convention.—
 1772         (1) Except as provided in subsection (4), a tribunal of
 1773  this state shall recognize and enforce a foreign support
 1774  agreement registered in this state.
 1775         (2) An application or direct request for recognition and
 1776  enforcement of a foreign support agreement shall be accompanied
 1777  by:
 1778         (a) The complete text of the foreign support agreement; and
 1779         (b) A record stating that the foreign support agreement is
 1780  enforceable as a decision in the issuing foreign country.
 1781         (3) A tribunal of this state may refuse to register a
 1782  foreign support agreement only if registration is manifestly
 1783  incompatible with public policy.
 1784         (4) A tribunal of this state may refuse recognition and
 1785  enforcement of a foreign support agreement if it finds that:
 1786         (a) Recognition and enforcement of the agreement is
 1787  manifestly incompatible with public policy;
 1788         (b) The agreement was obtained by fraud or falsification;
 1789         (c) The agreement is incompatible with a support order
 1790  issued between the same parties and having the same purpose, and
 1791  issued in this state, another state, or a foreign country if the
 1792  support order is entitled to recognition in this state; or
 1793         (d) The record submitted under paragraph (b) lacks
 1794  authenticity or integrity.
 1795         (5) A proceeding for recognition and enforcement of a
 1796  foreign support agreement shall be suspended during the pendency
 1797  of a challenge to the agreement before a tribunal of another
 1798  state or foreign country.
 1799         Section 63. Section 88.7111, Florida Statutes, is created
 1800  to read:
 1801         88.7111Modification of foreign child support order subject
 1802  to convention.—
 1803         (1)A tribunal of this state may not modify a foreign child
 1804  support order if the obligee remains a resident of the foreign
 1805  country where the support order was issued unless:
 1806         (a) The obligee submits to the jurisdiction of a tribunal
 1807  of this state, either expressly or by defending on the merits of
 1808  the case without objecting to the jurisdiction at the first
 1809  available opportunity; or
 1810         (b) The foreign tribunal lacks or refuses to exercise
 1811  jurisdiction to modify its support order or issue a new support
 1812  order.
 1813         (2) If a tribunal of this state does not modify the foreign
 1814  child support order because the order is not recognized in this
 1815  state, the provisions of s. 88.7081 apply.
 1816         Section 64. Section 88.7112, Florida Statutes, is created
 1817  to read:
 1818         88.7112Jurisdiction to modify spousal support order of
 1819  foreign country.—A tribunal of this state having personal
 1820  jurisdiction over the parties may modify a spousal support order
 1821  of a foreign tribunal if:
 1822         (1) The foreign tribunal lacks or refuses to exercise
 1823  jurisdiction to modify its order pursuant to its laws;
 1824         (2) There is agreement in writing between the parties to
 1825  the jurisdiction of the tribunal of this state; or
 1826         (3) The parties submit to the jurisdiction of the tribunal
 1827  of this state expressly or by defending on the merits without
 1828  objecting.
 1829         Section 65. Section 88.9011, Florida Statutes, is amended
 1830  to read:
 1831         88.9011 Uniformity of application and construction.—In
 1832  applying and construing this uniform act, consideration must be
 1833  given to the need to promote uniformity of This act shall be
 1834  applied and construed to effectuate its general purpose to make
 1835  uniform the law with respect to the subject matter of this act
 1836  among states that enact enacting it.
 1837         Section 66. Section 88.9021, Florida Statutes, is created
 1838  to read:
 1839         88.9021Transitional provision.This act applies to
 1840  proceedings begun on or after July 1, 2011, to establish a
 1841  support order or determine parentage of a child or to register,
 1842  recognize, enforce, or modify a prior support order,
 1843  determination, or agreement, whenever issued or entered.
 1844         Section 67. Paragraph (a) of subsection (7) of section
 1845  61.13, Florida Statutes, is amended to read:
 1846         61.13 Support of children; parenting and time-sharing;
 1847  powers of court.—
 1848         (7)(a) Each party to any paternity or support proceeding is
 1849  required to file with the tribunal as defined in s. 88.1011(34)
 1850  s. 88.1011(22) and State Case Registry upon entry of an order,
 1851  and to update as appropriate, information on location and
 1852  identity of the party, including social security number,
 1853  residential and mailing addresses, telephone number, driver’s
 1854  license number, and name, address, and telephone number of
 1855  employer. Each party to any paternity or child support
 1856  proceeding in a non-Title IV-D case shall meet the above
 1857  requirements for updating the tribunal and State Case Registry.
 1858         Section 68. Paragraph (b) of subsection (5) of section
 1859  827.06, Florida Statutes, is amended to read:
 1860         827.06 Nonsupport of dependents.—
 1861         (5)
 1862         (b) The element of knowledge may be proven by evidence that
 1863  a court or tribunal as defined by s. 88.1011(34) s. 88.1011(22)
 1864  has entered an order that obligates the defendant to provide the
 1865  support.
 1866         Section 69. This act shall take effect July 1, 2011.