HB 1111

1
A bill to be entitled
2An act relating to the Uniform Interstate Family Support
3Act; amending s. 88.1011, F.S.; revising and providing
4definitions; amending s. 88.1021, F.S.; designating the
5Department of Revenue as the support enforcement agency of
6this state; amending s. 88.1031, F.S.; revising provisions
7relating to remedies provided by the act; creating s.
888.1041, F.S.; providing for applicability of provisions
9to residents of foreign counties and foreign support
10proceedings; amending s. 88.2011, F.S.; providing that
11specified bases of personal jurisdiction may not be used
12to acquire personal jurisdiction for certain purposes
13unless specified requirements are met; amending s.
1488.2021, F.S.; providing for duration of personal
15jurisdiction; deleting provisions relating to procedure
16when exercising jurisdiction over nonresident; amending
17ss. 88.2031 and 88.2041, F.S.; conforming provisions to
18changes made by the act; amending s. 88.2051, F.S.;
19revising provisions relating to continuation of exclusive
20jurisdiction; amending s. 88.2061, F.S.; providing for
21continuing jurisdiction to enforce child support orders;
22amending s. 88.2071, F.S.; revising provisions relating to
23determination of a controlling child support order;
24amending s. 88.2081, F.S.; revising language relating to
25child support orders for two or more obligees; amending s.
2688.2091, F.S.; revising language relating to credit for
27child support payments; creating s. 88.2101, F.S.;
28providing for application of the act to a nonresident
29subject to personal jurisdiction; creating s. 88.2111,
30F.S.; providing for continuing, exclusive jurisdiction to
31modify a spousal support order; amending s. 88.3011, F.S.;
32revising provisions relating to applicability of the act;
33amending ss. 88.3021 and 88.3031, F.S.; revising
34terminology; amending s. 88.3041, F.S.; revising
35provisions relating to duties of an initiating tribunal;
36amending s. 88.3051, F.S.; revising provisions relating to
37duties and powers of a responding tribunal; amending s.
3888.3061, F.S.; revising terminology; amending s. 88.3071,
39F.S.; revising provisions relating to the duties of a
40support enforcement agency; amending s. 88.3081, F.S.;
41providing that the Governor and Cabinet may determine that
42a foreign country has established a reciprocal arrangement
43for child support with this state and take appropriate
44action for notification of the determination; amending s.
4588.3101, F.S.; revising terminology; amending s. 88.3111,
46F.S.; revising provisions relating to pleadings and
47accompanying documents; amending s. 88.3121, F.S.;
48revising requirements for nondisclosure of certain
49information; amending ss. 88.3131 and 88.3141, F.S.;
50revising terminology; amending s. 88.3161, F.S.; revising
51provisions relating to special rules of evidence and
52procedure; amending ss. 88.3171 and 88.3181, F.S.;
53revising terminology; amending s. 88.3191, F.S.; revising
54provisions relating to receipt and disbursement of
55payments; amending s. 88.4011, F.S.; revising provisions
56relating to establishment of a support order; providing a
57directive to the Division of Statutory Revision; amending
58s. 88.5011, F.S.; revising provisions relating to an
59employer's receipt of an income-withholding order from
60another state; amending ss. 88.50211, 88.5031, 88.5041,
61and 88.5051, F.S.; revising terminology; amending s.
6288.5061, F.S.; revising provisions relating to a contest
63by obligor; amending s. 88.5071, F.S.; revising
64terminology; providing a directive to the Division of
65Statutory Revision; amending s. 88.6011, F.S.; revising
66terminology; amending s. 88.6021, F.S.; revising
67provisions relating to the procedure to register order for
68enforcement; amending s. 88.6031, F.S.; revising
69terminology; amending s. 88.6041, F.S.; revising
70provisions relating to choice of law; amending s. 88.6051,
71F.S.; revising provisions relating to notice of
72registration of order; amending s. 88.6061, F.S.; revising
73provisions relating to the procedure to contest the
74validity or enforcement of a registered order; amending s.
7588.6071, F.S.; revising provisions relating to the
76contesting of registration or enforcement; amending s.
7788.6081, F.S.; revising terminology; amending s. 88.6091,
78F.S.; correcting a cross-reference; amending s. 88.6111,
79F.S.; revising provisions relating to modification of a
80child support order of another state; amending s. 88.6121,
81F.S.; revising provisions relating to recognition of a
82child support order modified in another state; creating s.
8388.6151, F.S.; providing for jurisdiction to modify a
84child support order of a foreign county; creating s.
8588.6161, F.S.; providing procedures for registration of a
86child support order of a foreign country for modification;
87providing a directive to the Division of Statutory
88Revision; repealing s. 88.7011, F.S., relating to a
89proceeding to determine parentage; creating s. 88.70111,
90F.S.; providing definitions relating to a support
91proceeding under the Convention on the International
92Recovery of Child Support and Other Forms of Family
93Maintenance; creating s. 88.7021, F.S.; providing for
94applicability; creating s. 88.7031, F.S.; specifying the
95relationship of the Department of Revenue to the United
96States central authority; creating s. 88.7041, F.S.;
97providing for initiation by the Department of Revenue of
98support proceedings subject to the convention; creating s.
9988.7051, F.S.; providing for direct requests to tribunals;
100creating s. 88.7061, F.S.; providing for registration of a
101support order subject to the convention; creating s.
10288.7071, F.S.; providing for contests of the validity of
103foreign support orders subject to the convention; creating
104s. 88.7081, F.S.; providing for the recognition and
105enforcement of a foreign support order subject to the
106convention; creating s. 88.7091, F.S.; specifying grounds
107for the refusal of recognition and enforcement of foreign
108support order subject to the convention; creating s.
10988.7101, F.S.; providing requirements for a foreign
110support agreement subject to the convention; creating s.
11188.7111, F.S.; providing for the modification of a foreign
112child support order subject to the convention; creating s.
11388.7121, F.S.; providing jurisdiction to modify a spousal
114support order of a foreign country; amending s. 88.8011,
115F.S.; revising terminology; amending s. 88.9011, F.S.;
116revising provisions relating to the uniformity of
117application and construction of the act; amending s.
11888.9031, F.S.; revising terminology; amending ss. 61.13
119and 827.06, F.S.; correcting cross-references; providing
120an effective date.
121
122Be It Enacted by the Legislature of the State of Florida:
123
124     Section 1.  Section 88.1011, Florida Statutes, is amended
125to read:
126     88.1011  Definitions.-As used in this act:
127     (1)  "Child" means an individual, whether over or under the
128age of majority, who is or is alleged to be owed a duty of
129support by the individual's parent or who is or is alleged to be
130the beneficiary of a support order directed to the parent.
131     (2)  "Child support order" means a support order for a
132child, including a child who has attained the age of majority
133under the law of the issuing state or foreign country.
134     (3)  "Convention" means the Convention on the International
135Recovery of Child Support and Other Forms of Family Maintenance,
136concluded at The Hague on November 23, 2007.
137     (4)(3)  "Duty of support" means an obligation imposed or
138imposable by law to provide support for a child, spouse, or
139former spouse, including an unsatisfied obligation to provide
140support.
141     (5)  "Foreign country" means a country, including a
142political subdivision thereof, other than the United States,
143that authorizes the issuance of support orders and:
144     (a)  Which has been declared under the law of the United
145States to be a foreign reciprocating country;
146     (b)  Which has established a reciprocal arrangement for
147child support with this state as provided in s. 88.3081;
148     (c)  Which has enacted a law or established procedures for
149the issuance and enforcement of support orders which are
150substantially similar to the procedures under this act; or
151     (d)  In which the convention is in force with respect to
152the United States.
153     (6)  "Foreign support order" means a support order of a
154foreign tribunal.
155     (7)  "Foreign tribunal" means a court, administrative
156agency, or quasi-judicial entity of a foreign country which is
157authorized to establish, enforce, or modify support orders or to
158determine parentage of a child. The term includes a competent
159authority under the convention.
160     (8)(4)  "Home state" means the state in which a child lived
161with a parent or a person acting as parent for at least 6
162consecutive months immediately preceding the time of filing of a
163petition or comparable pleading for support and, if a child is
164less than 6 months old, the state in which the child lived from
165birth with any of them. A period of temporary absence of any of
166them is counted as part of the 6-month or other period.
167     (9)(5)  "Income" includes earnings or other periodic
168entitlements to money from any source and any other property
169subject to withholding for support under the law of this state.
170     (10)(6)  "Income-withholding order" means an order or other
171legal process directed to an obligor's employer or other debtor,
172as defined by the income deduction law of this state, or payor
173as defined by s. 61.046, to withhold support from the income of
174the obligor.
175     (7)  "Initiating state" means a state from which a
176proceeding is forwarded or in which a proceeding is filed for
177forwarding to a responding state under this act or a law or
178procedure substantially similar to this act, the Uniform
179Reciprocal Enforcement of Support Act, or the Revised Uniform
180Reciprocal Enforcement of Support Act.
181     (11)(8)  "Initiating tribunal" means the authorized
182tribunal in an initiating state.
183     (12)  "Issuing foreign country" means the foreign country
184in which a tribunal issues a support order or a judgment
185determining parentage of a child.
186     (13)(9)  "Issuing state" means the state in which a
187tribunal issues a support order or renders a judgment
188determining parentage.
189     (14)(10)  "Issuing tribunal" means the tribunal that issues
190a support order or renders a judgment determining parentage.
191     (15)(11)  "Law" includes decisional and statutory law and
192rules and regulations having the force of law.
193     (16)(12)  "Obligee" means:
194     (a)  An individual to whom a duty of support is or is
195alleged to be owed or in whose favor a support order has been
196issued or a judgment determining parentage has been issued
197rendered;
198     (b)  A state or political subdivision to which the rights
199under a duty of support or support order have been assigned or
200which has independent claims based on financial assistance
201provided to an individual obligee; or
202     (c)  An individual seeking a judgment determining parentage
203of the individual's child; or
204     (d)  A person that is a creditor in a proceeding under part
205VII of this chapter.
206     (17)(13)  "Obligor" means an individual, or the estate of a
207decedent that:
208     (a)  Who Owes or is alleged to owe a duty of support;
209     (b)  Who Is alleged but has not been adjudicated to be a
210parent of a child; or
211     (c)  Who Is liable under a support order.
212     (18)  "Person" means an individual, corporation, business
213trust, estate, trust, partnership, limited liability company,
214association, joint venture, public corporation, government, or
215governmental subdivision, agency, or instrumentality or any
216other legal or commercial entity.
217     (19)  "Record" means information that is inscribed on a
218tangible medium or that is stored in an electronic or other
219medium that is retrievable in perceivable form.
220     (20)(14)  "Register" means to record or file a support
221order or judgment determining parentage of a child issued in
222another state or a foreign country in the Registry of Foreign
223Support Orders of the circuit court, or other appropriate
224location for the recording or filing of foreign judgments
225generally or foreign support orders specifically.
226     (21)(15)  "Registering tribunal" means a tribunal in which
227a support order is registered.
228     (22)(16)  "Responding state" means a state in which a
229proceeding is filed or to which a proceeding is forwarded for
230filing from another state or a foreign country an initiating
231state under this act or a law or procedure substantially similar
232to this act, the Uniform Reciprocal Enforcement of Support Act,
233or the Revised Uniform Reciprocal Enforcement of Support Act.
234     (23)(17)  "Responding tribunal" means the authorized
235tribunal in a responding state.
236     (24)(18)  "Spousal-support order" means a support order for
237a spouse or former spouse of the obligor.
238     (25)(19)  "State" means a state of the United States, the
239District of Columbia, Puerto Rico, the United States Virgin
240Islands, or any territory or insular possession subject to the
241jurisdiction of the United States. The term includes:
242     (a)  an Indian tribe; and
243     (b)  A foreign jurisdiction that has enacted a law or
244established procedures for issuance and enforcement of support
245orders which are substantially similar to the procedures under
246this act, the Uniform Reciprocal Enforcement of Support Act, or
247the Revised Uniform Reciprocal Enforcement of Support Act, as
248determined by the Attorney General.
249     (26)(20)  "Support enforcement agency" means a public
250official or agency authorized to seek:
251     (a)  Seek enforcement of support orders or laws relating to
252the duty of support;
253     (b)  Seek establishment or modification of child support;
254     (c)  Request determination of parentage; or
255     (d)  Attempt to locate obligors or their assets; or
256     (e)  Request determination of the controlling child support
257order.
258     (27)(21)  "Support order" means a judgment, decree, or
259order, or directive, whether temporary, final, or subject to
260modification, issued in a state or foreign country for the
261benefit of a child, a spouse, or a former spouse, which provides
262for monetary support, health care, arrearages, retroactive
263support, or reimbursement for financial assistance provided to
264an individual obligee in place of child support. The term, and
265may include related costs and fees, interest, income
266withholding, automatic adjustment, reasonable attorney's fees,
267and other relief.
268     (28)(22)  "Tribunal" means a court, administrative agency,
269or quasi-judicial entity authorized to establish, enforce, or
270modify support orders or to determine parentage.
271     Section 2.  Section 88.1021, Florida Statutes, is amended
272to read:
273     88.1021  Tribunal of State tribunal and support enforcement
274agency.-
275     (1)  The circuit court or other appropriate court,
276administrative agency, quasi-judicial entity, or combination is
277the tribunal of this state.
278     (2)  The Department of Revenue is the support enforcement
279agency of this state.
280     Section 3.  Section 88.1031, Florida Statutes, is amended
281to read:
282     88.1031  Remedies cumulative.-
283     (1)  Remedies provided by this act are cumulative and do
284not affect the availability of remedies under other law, or the
285recognition of a foreign support order on the basis of comity.
286     (2)  This act does not:
287     (a)  Provide the exclusive method of establishing or
288enforcing a support order under the law of this state; or
289     (b)  Grant a tribunal of this state jurisdiction to render
290judgment or issue an order relating to child custody or
291visitation in a proceeding under this act.
292     Section 4.  Section 88.1041, Florida Statutes, is created
293to read:
294     88.1041  Application to resident of foreign county and
295foreign support proceeding.-
296     (1)  A tribunal of this state shall apply parts I through
297VI of this chapter, and, as applicable, part VII of this
298chapter, to a support proceeding involving:
299     (a)  A foreign support order;
300     (b)  A foreign tribunal; or
301     (c)  An obligee, obligor, or child residing in a foreign
302country.
303     (2)  A tribunal of this state that is requested to
304recognize and enforce a support order on the basis of comity may
305apply the procedural and substantive provision of parts I
306through VI of this chapter.
307     (3)  Part VII of this chapter applies only to a support
308proceeding under the convention. In such a proceeding, if a
309provision of part VII of this chapter is inconsistent with parts
310I through VI of this chapter, part VII of this chapter controls.
311     Section 5.  Section 88.2011, Florida Statutes, is amended
312to read:
313     88.2011  Bases for jurisdiction over nonresident.-
314     (1)  In a proceeding to establish, enforce, or modify a
315support order or to determine parentage, a tribunal of this
316state may exercise personal jurisdiction over a nonresident
317individual or the individual's guardian or conservator if:
318     (a)(1)  The individual is personally served with citation,
319summons, or notice within this state;
320     (b)(2)  The individual submits to the jurisdiction of this
321state by consent, by entering a general appearance, or by filing
322a responsive document having the effect of waiving any contest
323to personal jurisdiction;
324     (c)(3)  The individual resided with the child in this
325state;
326     (d)(4)  The individual resided in this state and provided
327prenatal expenses or support for the child;
328     (e)(5)  The child resides in this state as a result of the
329acts or directives of the individual;
330     (f)(6)  The individual engaged in sexual intercourse in
331this state and the child may have been conceived by that act of
332intercourse;
333     (g)(7)  The individual asserted parentage in a tribunal or
334in a putative father registry maintained in this state by the
335appropriate agency; or
336     (h)(8)  There is any other basis consistent with the
337constitutions of this state and the United States for the
338exercise of personal jurisdiction.
339     (2)  The bases of personal jurisdiction set forth in
340subsection (1) or in any other law of this state may not be used
341to acquire personal jurisdiction for tribunal of this state to
342modify a child support order of another state unless the
343requirements of s. 88.6111 are met, or, in the case of a foreign
344support order, unless the requirements of s. 88.6151 are met.
345     Section 6.  Section 88.2021, Florida Statutes, is amended
346to read:
347     88.2021  Duration of personal Procedure when exercising
348jurisdiction over nonresident.-Personal jurisdiction acquired by
349a tribunal of this state in a proceeding under this act or other
350law of this state relating to a support order continues so long
351as a tribunal of this state has continuing, exclusive
352jurisdiction to modify its order or continuing jurisdiction to
353enforce its order as provided by ss. 88.2051, 88.2061, and
35488.2111 A tribunal of this state exercising personal
355jurisdiction over a nonresident under s. 88.2011 may apply s.
35688.3161 (special rules of evidence and procedure) to receive
357evidence from another state, and s. 88.3181 (assistance with
358discovery) to obtain discovery through a tribunal of another
359state. In all other respects, parts III through VII of this
360chapter do not apply and the tribunal shall apply the procedural
361and substantive law of this state, including the rules on choice
362of law other than those established by this act.
363     Section 7.  Section 88.2031, Florida Statutes, is amended
364to read:
365     88.2031  Initiating and responding tribunal of state.-Under
366this act, a tribunal of this state may serve as an initiating
367tribunal to forward proceedings to another state and as a
368responding tribunal for proceedings initiated in another state
369or a foreign country.
370     Section 8.  Section 88.2041, Florida Statutes, is amended
371to read:
372     88.2041  Simultaneous proceedings in another state.-
373     (1)  A tribunal of this state may exercise jurisdiction to
374establish a support order if the petition or comparable pleading
375is filed after a petition or comparable pleading is filed in
376another state or a foreign country only if:
377     (a)  The petition or comparable pleading in this state is
378filed before the expiration of the time allowed in the other
379state or the foreign country for filing a responsive pleading
380challenging the exercise of jurisdiction by the other state or
381the foreign country;
382     (b)  The contesting party timely challenges the exercise of
383jurisdiction in the other state or the foreign country; and
384     (c)  If relevant, this state is the home state of the
385child.
386     (2)  A tribunal of this state may not exercise jurisdiction
387to establish a support order if the petition or comparable
388pleading is filed before a petition or comparable pleading is
389filed in another state or a foreign country if:
390     (a)  The petition or comparable pleading in the other state
391or the foreign country is filed before the expiration of the
392time allowed in this state for filing a responsive pleading
393challenging the exercise of jurisdiction by this state;
394     (b)  The contesting party timely challenges the exercise of
395jurisdiction in this state; and
396     (c)  If relevant, the other state or the foreign country is
397the home state of the child.
398     Section 9.  Section 88.2051, Florida Statutes, is amended
399to read:
400     88.2051  Continuing exclusive jurisdiction.-
401     (1)  A tribunal of this state has issued issuing a support
402order consistent with the law of this state has and shall
403exercise continuing exclusive jurisdiction to modify over a
404child support order if the order is the controlling order and:
405     (a)  At the time of the filing of a request for
406modification, As long as this state is remains the residence of
407the obligor, the individual obligee, or the child for whose
408benefit the support order is issued; or
409     (b)  Even if this state is not the residence of the
410obligor, the individual obligee, or the child for whose benefit
411the support order is issued, the parties consent in a record or
412in open court that the tribunal of this state may continue to
413exercise jurisdiction to modify its order Until all of the
414parties who are individuals have filed written consents with the
415tribunal of this state for a tribunal of another state to modify
416the order and assume continuing exclusive jurisdiction.
417     (2)  A tribunal of this state that has issued issuing a
418child support order consistent with the law of this state may
419not exercise its continuing, exclusive jurisdiction to modify
420the order if: the order has been modified by a tribunal of
421another state pursuant to this act or a law substantially
422similar to this act.
423     (a)  All of the parties who are individuals file consent in
424a record with the tribunal of this state that a tribunal of
425another state that has jurisdiction over at least one of the
426parties who is an individual or that is located in the state of
427residence of the child may modify the order and assume
428continuing, exclusive jurisdiction; or
429     (b)  Its order is not the controlling order.
430     (3)  If a child support order of this state is modified by
431a tribunal of another state pursuant to this act or a law
432substantially similar to this act, a tribunal of this state
433loses its continuing exclusive jurisdiction with regard to
434prospective enforcement of the order issued in this state, and
435may only:
436     (a)  Enforce the order that was modified as to amounts
437accruing before the modification;
438     (b)  Enforce nonmodifiable aspects of that order; and
439     (c)  Provide other appropriate relief for violations of
440that order which occurred before the effective date of the
441modification.
442     (3)(4)  If a tribunal of this state shall recognize the
443continuing exclusive jurisdiction of a tribunal of another state
444which has issued a child support order pursuant to this act or a
445law substantially similar to this act which modifies a child
446support order of a tribunal of this state, tribunals of this
447state shall recognize the continuing, exclusive jurisdiction of
448the tribunal of the other state.
449     (4)  A tribunal of this state that lacks continuing,
450exclusive jurisdiction to modify a child support order may serve
451as an initiating tribunal to request a tribunal of another state
452to modify a support order issued in that state.
453     (5)  A temporary support order issued ex parte or pending
454resolution of a jurisdictional conflict does not create
455continuing exclusive jurisdiction in the issuing tribunal.
456     (6)  A tribunal of this state issuing a support order
457consistent with the law of this state has continuing exclusive
458jurisdiction over a spousal support order throughout the
459existence of the support obligation. A tribunal of this state
460may not modify a spousal support order issued by a tribunal of
461another state having continuing exclusive jurisdiction over that
462order under the law of that state.
463     Section 10.  Section 88.2061, Florida Statutes, is amended
464to read:
465     88.2061  Enforcement and modification of support order by
466tribunal having Continuing jurisdiction to enforce child support
467order.-
468     (1)  A tribunal of this state that has issued a child
469support order consistent with the law of this state may serve as
470an initiating tribunal to request a tribunal of another state to
471enforce: or modify a support order issued in that state.
472     (a)  The order if the order is the controlling order and
473has not been modified by a tribunal of another state that
474assumed jurisdiction pursuant to the Uniform Interstate Family
475Support Act; or
476     (b)  A money judgment for arrears of support and interest
477on the order accrued before a determination that an order of a
478tribunal of another state is the controlling order.
479     (2)  A tribunal of this state having continuing exclusive
480jurisdiction over a support order may act as a responding
481tribunal to enforce or modify the order. If a party subject to
482the continuing exclusive jurisdiction of the tribunal no longer
483resides in the issuing state, in subsequent proceedings the
484tribunal may apply s. 88.3161 (special rules of evidence and
485procedure) to receive evidence from another state and s. 88.3181
486(assistance with discovery) to obtain discovery through a
487tribunal of another state.
488     (3)  A tribunal of this state which lacks continuing
489exclusive jurisdiction over a spousal support order may not
490serve as a responding tribunal to modify a spousal support order
491of another state.
492     Section 11.  Section 88.2071, Florida Statutes, is amended
493to read:
494     88.2071  Determination Recognition of controlling child
495support order.-
496     (1)  If a proceeding is brought under this act and only one
497tribunal has issued a child support order, the order of that
498tribunal controls and must be so recognized.
499     (2)  If a proceeding is brought under this act, and two or
500more child support orders have been issued by tribunals of this
501state or another state with regard to the same obligor and the
502same child, a tribunal of this state having personal
503jurisdiction over both the obligor and individual obligee shall
504apply the following rules and by order shall determine in
505determining which order controls to recognize for purposes of
506continuing, exclusive jurisdiction:
507     (a)  If only one of the tribunals would have continuing,
508exclusive jurisdiction under this act, the order of that
509tribunal controls and must be so recognized.
510     (b)1.  If more than one of the tribunals would have
511continuing, exclusive jurisdiction under this act, an order
512issued by a tribunal in the current home state of the child
513controls; and must be so recognized, but
514     2.  If an order has not been issued in the current home
515state of the child, the order most recently issued controls and
516must be so recognized.
517     (c)  If none of the tribunals would have continuing,
518exclusive jurisdiction under this act, the tribunal of this
519state having jurisdiction over the parties shall issue a child
520support order, which controls and must be so recognized.
521     (3)  If two or more child support orders have been issued
522for the same obligor and the same child, upon request of a and
523if the obligor or the individual obligee resides in this state,
524a party who is an individual or a support enforcement agency,
525may request a tribunal of this state having personal
526jurisdiction over both the obligor and the obligee who is an
527individual shall to determine which order controls and must be
528so recognized under subsection (2). The request may be filed
529with a registration for enforcement or registration for
530modification pursuant to part VI of this chapter, or may be
531filed as a separate proceeding must be accompanied by a
532certified copy of every support order in effect. The requesting
533party shall give notice of the request to each party whose
534rights may be affected by the determination.
535     (4)  A request to determine which is the controlling order
536must be accompanied by a copy of every child support order in
537effect and the applicable record of payments. The requesting
538party shall give notice of the request to each party whose
539rights may be affected by the determination.
540     (5)(4)  The tribunal that issued the controlling order
541under subsection (1), subsection (2), or subsection (3) is the
542tribunal that has continuing, exclusive jurisdiction to the
543extent provided in ss. under s. 88.2051 and 88.2061.
544     (6)(5)  A tribunal of this state that which determines by
545order which is the identity of the controlling order under
546paragraph (2)(a), or paragraph (2)(b), or subsection (3) or that
547which issues a new controlling order under paragraph (2)(c)
548shall state in that order:
549     (a)  The basis upon which the tribunal made its
550determination.
551     (b)  The amount of prospective support, if any.
552     (c)  The total amount of consolidated arrears and accrued
553interest, if any, under all of the orders after all payments
554made are credited as provided by s. 88.2091.
555     (7)(6)  Within 30 days after issuance of an order
556determining which is the identity of the controlling order, the
557party obtaining the order shall file a certified copy of it in
558with each tribunal that issued or registered an earlier order of
559child support. A party or support enforcement agency obtaining
560who obtains the order that and fails to file a certified copy is
561subject to appropriate sanctions by a tribunal in which the
562issue of failure to file arises. The failure to file does not
563affect the validity or enforceability of the controlling order.
564     (8)  An order that has been determined to be the
565controlling order, or a judgment for consolidated arrears of
566support and interest, if any, made pursuant to this section must
567be recognized in proceedings under this act.
568     Section 12.  Section 88.2081, Florida Statutes, is amended
569to read:
570     88.2081  Multiple Child support orders for two or more
571obligees.-In responding to multiple registrations, petitions, or
572comparable pleadings for enforcement of two or more child
573support orders in effect at the same time with regard to the
574same obligor and different individual obligees, at least one of
575which was issued by a tribunal of another state, a tribunal of
576this state shall enforce those orders in the same manner as if
577the multiple orders had been issued by a tribunal of this state.
578     Section 13.  Section 88.2091, Florida Statutes, is amended
579to read:
580     88.2091  Credit for payments.-A tribunal of this state
581shall credit amounts collected and credited for a particular
582period pursuant to any child support order against the amount
583owed for the same period under any other child support order for
584support of the same child a support order issued by a tribunal
585of another state must be credited against the amounts accruing
586or accrued for the same period under any other child a support
587order issued by the tribunal of this state, another state, or a
588foreign country.
589     Section 14.  Section 88.2101, Florida Statutes, is created
590to read:
591     88.2101  Application of act to nonresident subject to
592personal jurisdiction.-A tribunal of this state exercising
593personal jurisdiction over a nonresident in a proceeding under
594this act, under another law of this state relating to a support
595order, or recognizing a foreign support order may receive
596evidence from outside this state pursuant to s. 88.3161,
597communicate with a tribunal outside this state pursuant to s.
59888.3171, and obtain discovery through a tribunal outside this
599state pursuant to s. 88.3181. In all other respects, parts III
600through VI of this chapter do not apply, and the tribunal shall
601apply the procedural and substantive law of this state.
602     Section 15.  Section 88.2111, Florida Statutes, is created
603to read:
604     88.2111  Continuing, exclusive jurisdiction to modify
605spousal support order.-
606     (1)  A tribunal of this state issuing a spousal support
607order consistent with the law of this state has continuing,
608exclusive jurisdiction to modify the spousal support order
609throughout the existence of the obligation.
610     (2)  A tribunal of this state may not modify a spousal
611support order issued by a tribunal of another state or foreign
612country having continuing, exclusive jurisdiction over that
613order under the law of that state or foreign country.
614     (3)  A tribunal of this state that has continuing,
615exclusive jurisdiction over a spousal support order may serve
616as:
617     (a)  An initiating tribunal to request a tribunal of
618another state to enforce the spousal support order issued in
619this state; or
620     (b)  A responding tribunal to enforce or modify its own
621spousal support order.
622     Section 16.  Section 88.3011, Florida Statutes, is amended
623to read:
624     88.3011  Proceedings under this act.-
625     (1)  Except as otherwise provided in this act, this part
626article applies to all proceedings under this act.
627     (2)  This act provides for the following proceedings:
628     (a)  Establishment of an order for spousal support or child
629support pursuant to part IV;
630     (b)  Enforcement of a support order and income-withholding
631order of another state without registration pursuant to part V;
632     (c)  Registration of an order for spousal support or child
633support of another state for enforcement pursuant to part VI;
634     (d)  Modification of an order for child support or spousal
635support issued by a tribunal of this state pursuant to ss.
63688.2031-88.2061;
637     (e)  Registration of an order for child support of another
638state for modification pursuant to part VI;
639     (f)  Determination of parentage pursuant to part VII; and
640     (g)  Assertion of jurisdiction over nonresidents pursuant
641to ss. 88.2011-88.2021.
642     (2)(3)  An individual petitioner or a support enforcement
643agency may initiate commence a proceeding authorized under this
644act by filing a petition or a comparable pleading in an
645initiating tribunal for forwarding to a responding tribunal or
646by filing a petition or a comparable pleading directly in a
647tribunal of another state or a foreign country which has or can
648obtain personal jurisdiction over the respondent.
649     Section 17.  Section 88.3021, Florida Statutes, is amended
650to read:
651     88.3021  Proceeding Action by minor parent.-A minor parent,
652or a guardian or other legal representative of a minor parent,
653may maintain a proceeding on behalf of or for the benefit of the
654minor's child.
655     Section 18.  Section 88.3031, Florida Statutes, is amended
656to read:
657     88.3031  Application of law of state.-Except as otherwise
658provided in by this act, a responding tribunal of this state
659shall:
660     (1)  Shall Apply the procedural and substantive law,
661including the rules on choice of law, generally applicable to
662similar proceedings originating in this state and may exercise
663all powers and provide all remedies available in those
664proceedings; and
665     (2)  Shall Determine the duty of support and the amount
666payable in accordance with the law and support guidelines of
667this state.
668     Section 19.  Section 88.3041, Florida Statutes, is amended
669to read:
670     88.3041  Duties of initiating tribunal.-
671     (1)  Upon the filing of a petition or comparable pleading
672authorized by this act, an initiating tribunal of this state
673shall forward three copies of the petition and its accompanying
674documents or a comparable pleading and its accompanying
675documents:
676     (a)  To the responding tribunal or appropriate support
677enforcement agency in the responding state; or
678     (b)  If the identity of the responding tribunal is unknown,
679to the state information agency of the responding state with a
680request that they be forwarded to the appropriate tribunal and
681that receipt be acknowledged.
682     (2)  If requested by the responding tribunal a responding
683state has not enacted this act or a law or procedure
684substantially similar to this act, a tribunal of this state
685shall may issue a certificate or other document and make
686findings required by the law of the responding state. If the
687responding tribunal state is in a foreign country jurisdiction,
688upon request the tribunal of this state shall may specify the
689amount of support sought, convert that amount into the
690equivalent amount in the foreign currency under applicable
691official or market exchange rate as publicly reported, and
692provide any other documents necessary to satisfy the
693requirements of the responding foreign tribunal state.
694     Section 20.  Section 88.3051, Florida Statutes, is amended
695to read:
696     88.3051  Duties and powers of responding tribunal.-
697     (1)  When a responding tribunal of this state receives a
698petition or comparable pleading from an initiating tribunal or
699directly pursuant to s. 88.3011(2)(3), it shall cause the
700petition or comparable pleading to be filed and notify the
701petitioner where and when it was filed.
702     (2)  A responding tribunal of this state, to the extent not
703prohibited otherwise authorized by other law, may do one or more
704of the following:
705     (a)  Establish Issue or enforce a support order, modify a
706child support order, determine the controlling child support
707order, or render a judgment to determine parentage of a child.
708     (b)  Order an obligor to comply with a support order,
709specifying the amount and the manner of compliance.
710     (c)  Order income withholding.
711     (d)  Determine the amount of any arrearages, and specify a
712method of payment.
713     (e)  Enforce orders by civil or criminal contempt, or both.
714     (f)  Set aside property for satisfaction of the support
715order.
716     (g)  Place liens and order execution on the obligor's
717property.
718     (h)  Order an obligor to keep the tribunal informed of the
719obligor's current residential address, telephone number,
720employer, address of employment, and telephone number at the
721place of employment.
722     (i)  Issue a bench warrant, capias, or writ of bodily
723attachment for an obligor who has failed after proper notice to
724appear at a hearing ordered by the tribunal and enter the bench
725warrant, capias, or writ of bodily attachment in any local and
726state computer systems for criminal warrants.
727     (j)  Order the obligor to seek appropriate employment by
728specified methods.
729     (k)  Award reasonable attorney's fees and other fees and
730costs.
731     (l)  Grant any other available remedy.
732     (3)  A responding tribunal of this state shall include in a
733support order issued under this act, or in the documents
734accompanying the order, the calculations on which the support
735order is based.
736     (4)  A responding tribunal of this state may not condition
737the payment of a support order issued under this act upon
738compliance by a party with provisions for visitation.
739     (5)  If a responding tribunal of this state issues an order
740under this act, the tribunal shall send a copy of the order to
741the petitioner and the respondent and to the initiating
742tribunal, if any.
743     (6)  If requested to enforce a support order, arrears, or
744judgment, or modify a support order stated in a foreign
745currency, a responding tribunal of this state shall convert the
746amount stated in the foreign currency to the equivalent amount
747in dollars under the applicable official or market exchange rate
748as publicly reported.
749     Section 21.  Section 88.3061, Florida Statutes, is amended
750to read:
751     88.3061  Inappropriate tribunal.-If a petition or
752comparable pleading is received by an inappropriate tribunal of
753this state, the tribunal it shall forward the pleading and
754accompanying documents to an appropriate tribunal of in this
755state or another state and notify the petitioner where and when
756the pleading was sent.
757     Section 22.  Section 88.3071, Florida Statutes, is amended
758to read:
759     88.3071  Duties of support enforcement agency.-
760     (1)  In a proceeding under this act, a support enforcement
761agency of this state, upon request:
762     (a)  Shall provide services to a petitioner residing in a
763state;
764     (b)  Shall provide services to a petitioner requesting
765services through a central authority of a foreign country as
766described in s. 88.1011(5)(a) or s. 88.1011(5)(d); and
767     (c)  May provide services to a petitioner who is an
768individual not residing in a state A support enforcement agency
769of this state, upon request, shall provide services to a
770petitioner in a proceeding under this act.
771     (2)  A support enforcement agency that is providing
772services to the petitioner as appropriate shall:
773     (a)  Take all steps necessary to enable an appropriate
774tribunal in this state, or another state, or a foreign country
775to obtain jurisdiction over the respondent.
776     (b)  Request an appropriate tribunal to set a date, time,
777and place for a hearing.
778     (c)  Make a reasonable effort to obtain all relevant
779information, including information as to income and property of
780the parties.
781     (d)  Within 10 days, exclusive of Saturdays, Sundays, and
782legal holidays, after receipt of a written notice from an
783initiating, responding, or registering tribunal, send a copy of
784the notice to the petitioner.
785     (e)  Within 10 days, exclusive of Saturdays, Sundays, and
786legal holidays, after receipt of a written communication from
787the respondent or the respondent's attorney, send a copy of the
788communication to the petitioner.
789     (f)  Notify the petitioner if jurisdiction over the
790respondent cannot be obtained.
791     (3)  A support enforcement agency of this state that
792requests registration of a child support order in this state for
793enforcement or for modification shall make reasonable efforts:
794     (a)  To ensure that the order to be registered is the
795controlling order; or
796     (b)  If two or more child support orders exist and the
797identity of the controlling order has not been determined, to
798ensure that a request for such a determination is made in a
799tribunal having jurisdiction to do so.
800     (4)  A support enforcement agency of this state that
801requests registration and enforcement of a support order,
802arrears, or judgment stated in a foreign currency shall convert
803the amounts stated in the foreign currency into the equivalent
804amounts in dollars under the applicable official or market
805exchange rate as publicly reported.
806     (5)  A support enforcement agency of this state shall issue
807or request a tribunal of this state to issue a child support
808order and an income-withholding order that redirect payment of
809current support, arrears, and interest if requested to do so by
810a support enforcement agency of another state pursuant to s.
81188.3191.
812     (6)(3)  This act does not create or negate a relationship
813of attorney and client or other fiduciary relationship between a
814support enforcement agency or the attorney for the agency and
815the individual being assisted by the agency.
816     Section 23.  Section 88.3081, Florida Statutes, is amended
817to read:
818     88.3081  Duty of Governor and Cabinet.-
819     (1)  If the Governor and Cabinet determine that the support
820enforcement agency is neglecting or refusing to provide services
821to an individual, the Governor and Cabinet may order the agency
822to perform its duties under this act or may provide those
823services directly to the individual.
824     (2)  The Governor and Cabinet may determine that a foreign
825country has established a reciprocal arrangement for child
826support with this state and take appropriate action for
827notification of the determination.
828     Section 24.  Paragraph (c) of subsection (2) of section
82988.3101, Florida Statutes, is amended to read:
830     88.3101  Duties of state information agency.-
831     (2)  The state information agency shall:
832     (c)  Forward to the appropriate tribunal in the place in
833this state in which the individual obligee who is an individual
834or the obligor resides, or in which the obligor's property is
835believed to be located, all documents concerning a proceeding
836under this act received from another state or a foreign country
837an initiating tribunal or the state information agency of the
838initiating state.
839     Section 25.  Subsection (1) of section 88.3111, Florida
840Statutes, is amended to read:
841     88.3111  Pleadings and accompanying documents.-
842     (1)  In a proceeding under this act, a petitioner seeking
843to establish or modify a support order, or to determine
844parentage of a child, or to register and modify a support order
845of a tribunal of another state or a foreign country in a
846proceeding under this act must file a verify the petition or
847comparable pleading. Unless otherwise ordered under s. 88.3121
848(nondisclosure of information in exceptional circumstances), the
849petition or comparable pleading or the documents accompanying
850either the petition or comparable pleading must provide, so far
851as known, the name, residential address, and social security
852numbers of the obligor and the obligee or the parent and alleged
853parent, and the name, sex, residential address, social security
854number, and date of birth of each child for whose benefit whom
855support is sought or whose parentage is to be determined. Unless
856filed at the time of registration, the petition must be
857accompanied by a certified copy of any support order known to
858have been issued by another tribunal in effect. The petition may
859include any other information that may assist in locating or
860identifying the respondent.
861     Section 26.  Section 88.3121, Florida Statutes, is amended
862to read:
863     88.3121  Nondisclosure of information in exceptional
864circumstances.-If a party alleges in an affidavit or a pleading
865under oath that the health, safety, or liberty of a party or
866child would be jeopardized by disclosure of specific identifying
867information, that information must be sealed and may not be
868disclosed to the other party or the public. After a hearing in
869which a tribunal takes into consideration the health, safety, or
870liberty of the party or child, the tribunal may order disclosure
871of information that the tribunal determines to be in the
872interest of justice Upon a finding, which may be made ex parte,
873that the health, safety, or liberty of a party or child would be
874unreasonably put at risk by the disclosure of identifying
875information, or if an existing order so provides, a tribunal
876shall order that the address of the child or party or other
877identifying information not be disclosed in a pleading or other
878document filed in a proceeding under this act.
879     Section 27.  Subsection (2) of section 88.3131, Florida
880Statutes, is amended to read:
881     88.3131  Costs and fees.-
882     (2)  If an obligee prevails, a responding tribunal of this
883state may assess against an obligor filing fees, reasonable
884attorney's fees, other costs, and necessary travel and other
885reasonable expenses incurred by the obligee and the obligee's
886witnesses. The tribunal may not assess fees, costs, or expenses
887against the obligee or the support enforcement agency of either
888the initiating or the responding state or foreign country,
889except as provided by other law. Attorney's fees may be taxed as
890costs, and may be ordered paid directly to the attorney, who may
891enforce the order in the attorney's own name. Payment of support
892owed to the obligee has priority over fees, costs, and expenses.
893     Section 28.  Subsections (1) and (3) of section 88.3141,
894Florida Statutes, are amended to read:
895     88.3141  Limited immunity of petitioner.-
896     (1)  Participation by a petitioner in a proceeding under
897this act before a responding tribunal, whether in person, by
898private attorney, or through services provided by the support
899enforcement agency, does not confer personal jurisdiction over
900the petitioner in another proceeding.
901     (3)  The immunity granted by this section does not extend
902to civil litigation based on acts unrelated to a proceeding
903under this act committed by a party while physically present in
904this state to participate in the proceeding.
905     Section 29.  Section 88.3161, Florida Statutes, is amended
906to read:
907     88.3161  Special rules of evidence and procedure.-
908     (1)  The physical presence of a nonresident party who is an
909individual the petitioner in a responding tribunal of this state
910is not required for the establishment, enforcement, or
911modification of a support order or the rendition of a judgment
912determining parentage of a child.
913     (2)  An A verified petition or other comparable pleading,
914affidavit, a document substantially complying with federally
915mandated forms, or and a document incorporated by reference in
916any of them, which would not be excluded under the hearsay rule
917if given in person, is admissible in evidence if given under
918penalty of perjury oath by a party or witness residing outside
919this in another state.
920     (3)  A copy of the record of child support payments
921certified as a true copy of the original by the custodian of the
922record may be forwarded to a responding tribunal. The copy is
923evidence of facts asserted in it, and is admissible to show
924whether payments were made.
925     (4)  Copies of bills for testing for parentage of a child,
926and for prenatal and postnatal health care of the mother and
927child, furnished to the adverse party at least 10 days before
928trial, are admissible in evidence to prove the amount of the
929charges billed and that the charges were reasonable, necessary,
930and customary.
931     (5)  Documentary evidence transmitted from outside this
932another state to a tribunal of this state by telephone,
933telecopier, or other electronic means that do not provide an
934original record writing may not be excluded from evidence on an
935objection based on the means of transmission.
936     (6)  In a proceeding under this act, a tribunal of this
937state shall may permit a party or witness residing outside this
938in another state to be deposed or to testify by telephone,
939audiovisual means, or other electronic means at a designated
940tribunal or other location in that state. A tribunal of this
941state shall cooperate with other tribunals of other states in
942designating an appropriate location for the deposition or
943testimony.
944     (7)  If a party called to testify at a civil hearing
945refuses to answer on the ground that the testimony may be self-
946incriminating, the trier of fact may draw an adverse inference
947from the refusal.
948     (8)  A privilege against disclosure of communications
949between spouses does not apply in a proceeding under this act.
950     (9)  The defense of immunity based on the relationship of
951husband and wife or parent and child does not apply in a
952proceeding under this act.
953     (10)  A voluntary acknowledgment of paternity, certified as
954a true copy, is admissible to establish parentage of a child.
955     Section 30.  Section 88.3171, Florida Statutes, is amended
956to read:
957     88.3171  Communications between tribunals.-A tribunal of
958this state may communicate with a tribunal outside this of
959another state in a record writing, or by telephone, electronic
960mail, or other means, to obtain information concerning the laws
961of that state, the legal effect of a judgment, decree, or order
962of that tribunal, and the status of a proceeding in the other
963state. A tribunal of this state may furnish similar information
964by similar means to a tribunal outside this of another state.
965     Section 31.  Section 88.3181, Florida Statutes, is amended
966to read:
967     88.3181  Assistance with discovery.-A tribunal of this
968state may:
969     (1)  Request a tribunal outside this of another state to
970assist in obtaining discovery.
971     (2)  Upon request, compel a person over which whom it has
972jurisdiction to respond to a discovery order issued by a
973tribunal outside this of another state.
974     Section 32.  Section 88.3191, Florida Statutes, is amended
975to read:
976     88.3191  Receipt and disbursement of payments.-
977     (1)  A support enforcement agency or tribunal of this state
978shall disburse promptly any amounts received pursuant to a
979support order, as directed by the order. The agency or tribunal
980shall furnish to a requesting party or tribunal of another state
981or a foreign country a certified statement by the custodian of
982the record of the amounts and dates of all payments received.
983     (2)  If neither the obligor, nor the obligee who is an
984individual, nor the child resides in this state, upon request
985from the support enforcement agency of this state or another
986state, the support enforcement agency of this state or a
987tribunal of this state shall:
988     (a)  Direct that the support payment be made to the support
989enforcement agency in the state in which the obligee is
990receiving services; and
991     (b)  Issue and send to the obligor's employer a conforming
992income-withholding order or an administrative notice of change
993of payee, reflecting the redirected payments.
994     (3)  The support enforcement agency of this state receiving
995redirected payments from another state pursuant to a law similar
996to subsection (2) shall furnish to a requesting party or
997tribunal of the other state a certified statement by the
998custodian of the record of the amount and dates of all payments
999received.
1000     Section 33.  Section 88.4011, Florida Statutes, is amended
1001to read:
1002     88.4011  Establishment of Petition to establish support
1003order.-
1004     (1)  If a support order entitled to recognition under this
1005act has not been issued, a responding tribunal of this state
1006with personal jurisdiction over the parties may issue a support
1007order if:
1008     (a)  The individual seeking the order resides in another
1009state; or
1010     (b)  The support enforcement agency seeking the order is
1011located in another state.
1012     (2)  The tribunal may issue a temporary child support order
1013if the tribunal determines that such an order is appropriate and
1014the individual ordered to pay is:
1015     (a)  A presumed father of the child;
1016     (b)  Petitioning to have his paternity adjudicated;
1017     (c)  Identified as the father of the child through genetic
1018testing;
1019     (d)  An alleged father who has declined to submit to
1020genetic testing;
1021     (e)  Shown by clear and convincing evidence to be the
1022father of the child;
1023     (f)  An acknowledged father as provided in s. 382.013, s.
1024382.016, or s. 742.10;
1025     (g)  The mother of the child; or
1026     (h)  An individual who has been ordered to pay child
1027support in a previous proceeding and the order has not been
1028reversed or vacated
1029     (a)  The respondent has signed a verified statement
1030acknowledging parentage;
1031     (b)  The respondent has been determined by or pursuant to
1032law to be the parent; or
1033     (c)  There is other clear and convincing evidence that the
1034respondent is the child's parent.
1035     (3)  Upon finding, after notice and opportunity to be
1036heard, that an obligor owes a duty of support, the tribunal
1037shall issue a support order directed to the obligor and may
1038issue other orders pursuant to s. 88.3051.
1039     Section 34.  The Division of Statutory Revision is directed
1040to redesignate part V of chapter 88, Florida Statutes, as
1041"ENFORCEMENT OF SUPPORT ORDER OF ANOTHER STATE WITHOUT
1042REGISTRATION."
1043     Section 35.  Section 88.5011, Florida Statutes, is amended
1044to read:
1045     88.5011  Employer's receipt of income-withholding order of
1046another state.-An income-withholding order issued in another
1047state may be sent by or on behalf of the obligee, or by the
1048support enforcement agency, to the person or entity defined as
1049the obligor's employer under the income deduction law of this
1050state or payor as defined by s. 61.046, without first filing a
1051petition or comparable pleading or registering the order with a
1052tribunal of this state.
1053     Section 36.  Paragraph (b) of subsection (3) of section
105488.50211, Florida Statutes, is amended to read:
1055     88.50211  Employer's compliance with income-withholding
1056order of another state.-
1057     (3)  Except as otherwise provided by subsection (4) and s.
105888.5031, the employer shall withhold and distribute the funds as
1059directed in the withholding order by complying with the terms of
1060the order which specify:
1061     (b)  The person or agency designated to receive payments
1062and the address to which the payments are to be forwarded;
1063     Section 37.  Section 88.5031, Florida Statutes, is amended
1064to read:
1065     88.5031  Employer's compliance with two or more multiple
1066income-withholding orders.-If the obligor's employer receives
1067two or more multiple income-withholding orders with respect to
1068the earnings of the same obligor, the employer satisfies the
1069terms of the multiple orders if the employer complies with the
1070law of the state of the obligor's principal place of employment
1071to establish the priorities for withholding and allocating
1072income withheld for two or more multiple child support obligees.
1073     Section 38.  Section 88.5041, Florida Statutes, is amended
1074to read:
1075     88.5041  Immunity from civil liability.-An employer that
1076who complies with an income-withholding order issued in another
1077state in accordance with this article is not subject to civil
1078liability to an individual or agency with regard to the
1079employer's withholding of child support from the obligor's
1080income.
1081     Section 39.  Section 88.5051, Florida Statutes, is amended
1082to read:
1083     88.5051  Penalties for noncompliance.-An employer that who
1084willfully fails to comply with an income-withholding order
1085issued by another state and received for enforcement is subject
1086to the same penalties that may be imposed for noncompliance with
1087an order issued by a tribunal of this state.
1088     Section 40.  Section 88.5061, Florida Statutes, is amended
1089to read:
1090     88.5061  Contest by obligor.-
1091     (1)  An obligor may contest the validity or enforcement of
1092an income-withholding order issued in another state and received
1093directly by an employer in this state by registering the order
1094in a tribunal of this state and filing a contest to that order
1095as provided in part VI of this chapter, or otherwise contesting
1096the order in the same manner as if the order had been issued by
1097a tribunal of this state. Section 88.6041, choice of law,
1098applies to the contest.
1099     (2)  The obligor shall give notice of the contest to:
1100     (a)  A support enforcement agency providing services to the
1101obligee;
1102     (b)  Each employer that has directly received an income-
1103withholding order relating to the obligor; and
1104     (c)  The person or agency designated to receive payments in
1105the income-withholding order, or if no person or agency is
1106designated, to the obligee.
1107     Section 41.  Subsection (1) of section 88.5071, Florida
1108Statutes, is amended to read:
1109     88.5071  Administrative enforcement of orders.-
1110     (1)  A party or support enforcement agency seeking to
1111enforce a support order or an income-withholding order, or both,
1112issued in by a tribunal of another state or a foreign support
1113order may send the documents required for registering the order
1114to a support enforcement agency of this state.
1115     Section 42.  (1)  The Division of Statutory Revision is
1116directed to redesignate part VI of chapter 88, Florida Statutes,
1117as "REGISTRATION, ENFORCEMENT, AND MODIFICATION OF SUPPORT
1118ORDER."
1119     (2)  The Division of Statutory Revision is directed to
1120divide part VI of chapter 88, Florida Statutes, into subpart A,
1121consisting of ss. 88.6011-88.6041, Florida Statutes, to be
1122entitled "Registration and Enforcement of Support Order;"
1123subpart B, consisting of ss. 88.6051-88.6081, Florida Statutes,
1124to be entitled "Contest of Validity or Enforcement;" subpart C,
1125consisting of ss. 88.6091-88.6141, Florida Statutes, to be
1126entitled "Registration and Modification of Child Support Order
1127of Another State;" and subpart D, consisting of ss. 88.6151 and
112888.6161, Florida Statutes, to be entitled "Registration and
1129Modification of Foreign Child Support Order."
1130     Section 43.  Section 88.6011, Florida Statutes, is amended
1131to read:
1132     88.6011  Registration of order for enforcement.-A support
1133order or an income-withholding order issued in by a tribunal of
1134another state or a foreign support order may be registered in
1135this state for enforcement.
1136     Section 44.  Section 88.6021, Florida Statutes, is amended
1137to read:
1138     88.6021  Procedure to register order for enforcement.-
1139     (1)  Except as otherwise provided in s. 88.7061, a support
1140order or income-withholding order of another state or a foreign
1141support order may be registered in this state by sending the
1142following records documents and information to the appropriate
1143tribunal in this state:
1144     (a)  A letter of transmittal to the tribunal requesting
1145registration and enforcement.
1146     (b)  Two copies, including one certified copy, of the order
1147all orders to be registered, including any modification of the
1148an order.
1149     (c)  A sworn statement by the person requesting party
1150seeking registration or a certified statement by the custodian
1151of the records showing the amount of any arrearage.
1152     (d)  The name of the obligor and, if known:
1153     1.  The obligor's address and social security number.
1154     2.  The name and address of the obligor's employer and any
1155other source of income of the obligor.
1156     3.  A description and the location of property of the
1157obligor in this state not exempt from execution.
1158     (e)  Except as otherwise provided in s. 88.3121, the name
1159and address of the obligee and, if applicable, the agency or
1160person to whom support payments are to be remitted.
1161     (2)  On receipt of a request for registration, the
1162registering tribunal shall cause the order to be filed as an
1163order of a tribunal of another state or a foreign support order
1164a foreign judgment, together with one copy of the documents and
1165information, regardless of their form.
1166     (3)  A petition or comparable pleading seeking a remedy
1167that must be affirmatively sought under other law of this state
1168may be filed at the same time as the request for registration or
1169later. The pleading must specify the grounds for the remedy
1170sought.
1171     (4)  If two or more orders are in effect, the person
1172requesting registration shall:
1173     (a)  Furnish to the tribunal a copy of every support order
1174asserted to be in effect in addition to the documents specified
1175in this section;
1176     (b)  Specify the order alleged to be the controlling order,
1177if any; and
1178     (c)  Specify the amount of consolidated arrears, if any.
1179     (5)  A request for a determination of which is the
1180controlling order may be filed separately or with a request for
1181registration and enforcement or for registration and
1182modification. The person requesting registration shall give
1183notice of the request to each party whose rights may be affected
1184by the determination.
1185     Section 45.  Section 88.6031, Florida Statutes, is amended
1186to read:
1187     88.6031  Effect of registration for enforcement.-
1188     (1)  A support order or income-withholding order issued in
1189another state or a foreign support order is registered when the
1190order is filed in the registering tribunal of this state.
1191     (2)  A registered support order issued in another state or
1192a foreign country is enforceable in the same manner and is
1193subject to the same procedures as an order issued by a tribunal
1194of this state.
1195     (3)  Except as otherwise provided in this act article, a
1196tribunal of this state shall recognize and enforce, but may not
1197modify, a registered support order if the issuing tribunal had
1198jurisdiction.
1199     Section 46.  Section 88.6041, Florida Statutes, is amended
1200to read:
1201     88.6041  Choice of law.-
1202     (1)  Except as otherwise provided in subsection (4), the
1203law of the issuing state or foreign country governs:
1204     (a)  The nature, extent, amount, and duration of current
1205payments under a registered support order; and other obligations
1206of support and
1207     (b)  The computation and payment of arrearages and accrual
1208of interest on the arrearages under the order; and
1209     (c)  The existence and satisfaction of other obligations
1210under the support order.
1211     (2)  In a proceeding for arrears under a registered support
1212order arrearages, the statute of limitation under the laws of
1213this state or of the issuing state or foreign country, whichever
1214is longer, applies.
1215     (3)  A responding tribunal of this state shall apply the
1216procedures and remedies of this state to enforce current support
1217and collect arrears and interest due on a support order of
1218another state or foreign country registered in this state.
1219     (4)  After a tribunal of this or another state determines
1220which is the controlling order and issues an order consolidating
1221arrears, if any, a tribunal of this state shall prospectively
1222apply the law of the state or foreign country issuing the
1223controlling order, including its law on interest on arrears, on
1224current and future support, and on consolidated arrears.
1225     Section 47.  Section 88.6051, Florida Statutes, is amended
1226to read:
1227     88.6051  Notice of registration of order.-
1228     (1)  When a support order or income-withholding order
1229issued in another state or a foreign support order is
1230registered, the registering tribunal of this state shall notify
1231the nonregistering party. The notice must be accompanied by a
1232copy of the registered order and the documents and relevant
1233information accompanying the order.
1234     (2)  A The notice must inform the nonregistering party:
1235     (a)  That a registered order is enforceable as of the date
1236of registration in the same manner as an order issued by a
1237tribunal of this state.
1238     (b)  That a hearing to contest the validity or enforcement
1239of the registered order must be requested within 20 days after
1240the date of mailing or personal service of the notice, unless
1241the registered order is under s. 88.7071.
1242     (c)  That failure to contest the validity or enforcement of
1243the registered order in a timely manner will result in
1244confirmation of the order and enforcement of the order and the
1245alleged arrearages and precludes further contest of that order
1246with respect to any matter that could have been asserted.
1247     (d)  Of the amount of any alleged arrearages.
1248     (3)  If the registering party asserts that two or more
1249orders are in effect, a notice must also:
1250     (a)  Identify the two or more orders and the order alleged
1251by the registering party to be the controlling order and the
1252consolidated arrears, if any;
1253     (b)  Notify the nonregistering party of the right to a
1254determination of which is the controlling order;
1255     (c)  State that the procedures provided in subsection (2)
1256apply to the determination of which is the controlling order;
1257and
1258     (d)  State that failure to contest the validity or
1259enforcement of the order alleged to be the controlling order in
1260a timely manner may result in confirmation that the order is the
1261controlling order.
1262     (4)(3)  Upon registration of an income-withholding order
1263for enforcement, the support enforcement agency or the
1264registering tribunal shall notify the obligor's employer
1265pursuant to chapter 61 or other income deduction law of this
1266state.
1267     Section 48.  Subsections (1) and (2) of section 88.6061,
1268Florida Statutes, are amended to read:
1269     88.6061  Procedure to contest validity or enforcement of
1270registered order.-
1271     (1)  A nonregistering party seeking to contest the validity
1272or enforcement of a registered order in this state shall request
1273a hearing within the time required by s. 88.6051 20 days after
1274notice of the registration. The nonregistering party may seek to
1275vacate the registration, to assert any defense to an allegation
1276of noncompliance with the registered order, or to contest the
1277remedies being sought or the amount of any alleged arrearages
1278pursuant to s. 88.6071.
1279     (2)  If the nonregistering party fails to contest the
1280validity or enforcement of the registered support order in a
1281timely manner, the order is confirmed by operation of law.
1282     Section 49.  Section 88.6071, Florida Statutes, is amended
1283to read:
1284     88.6071  Contest of registration or enforcement.-
1285     (1)  A party contesting the validity or enforcement of a
1286registered support order or seeking to vacate the registration
1287has the burden of proving one or more of the following defenses:
1288     (a)  The issuing tribunal lacked personal jurisdiction over
1289the contesting party;
1290     (b)  The order was obtained by fraud;
1291     (c)  The order has been vacated, suspended, or modified by
1292a later order;
1293     (d)  The issuing tribunal has stayed the order pending
1294appeal;
1295     (e)  There is a defense under the law of this state to the
1296remedy sought;
1297     (f)  Full or partial payment has been made; or
1298     (g)  The statute of limitation under s. 88.6041 precludes
1299enforcement of some or all of the alleged arrearages; or
1300     (h)  The alleged controlling order is not the controlling
1301order.
1302     (2)  If a party presents evidence establishing a full or
1303partial defense under subsection (1), a tribunal may stay
1304enforcement of a the registered support order, continue the
1305proceeding to permit production of additional relevant evidence,
1306and issue other appropriate orders. An uncontested portion of
1307the registered support order may be enforced by all remedies
1308available under the law of this state.
1309     (3)  If the contesting party does not establish a defense
1310under subsection (1) to the validity or enforcement of a
1311registered support the order, the registering tribunal shall
1312issue an order confirming the order.
1313     Section 50.  Section 88.6081, Florida Statutes, is amended
1314to read:
1315     88.6081  Confirmed order.-Confirmation of a registered
1316support order, whether by operation of law or after notice and
1317hearing, precludes further contest of the order with respect to
1318any matter that could have been asserted at the time of
1319registration.
1320     Section 51.  Section 88.6091, Florida Statutes, is amended
1321to read:
1322     88.6091  Procedure to register child support order of
1323another state for modification.-A party or support enforcement
1324agency seeking to modify, or to modify and enforce, a child
1325support order issued in another state shall register that order
1326in this state in the same manner provided in ss. 88.6011-88.6081
132788.6011-88.6041 if the order has not been registered. A petition
1328for modification may be filed at the same time as a request for
1329registration, or later. The pleading must specify the grounds
1330for modification.
1331     Section 52.  Section 88.6111, Florida Statutes, is amended
1332to read:
1333     88.6111  Modification of child support order of another
1334state.-
1335     (1)  If s. 88.6131 does not apply, upon petition, a
1336tribunal of this state may modify After a child support order
1337issued in another state which is has been registered in this
1338state, the responding tribunal of this state may modify that
1339order only if, s. 88.6131 does not apply and after notice and
1340hearing, the tribunal it finds that:
1341     (a)  The following requirements are met:
1342     1.  Neither the child, nor the individual obligee who is an
1343individual, nor and the obligor resides do not reside in the
1344issuing state;
1345     2.  A petitioner who is a nonresident of this state seeks
1346modification; and
1347     3.  The respondent is subject to the personal jurisdiction
1348of the tribunal of this state; or
1349     (b)  This state is the state of residence of the child, or
1350a party who is an individual, is subject to the personal
1351jurisdiction of the tribunal of this state and all of the
1352parties who are individuals have filed written consents in a
1353record in the issuing tribunal for a tribunal of this state to
1354modify the support order and assume continuing exclusive
1355jurisdiction over the order. However, if the issuing state is a
1356foreign jurisdiction that has not enacted a law or established
1357procedures substantially similar to the procedures under this
1358act, the consent otherwise required of an individual residing in
1359this state is not required for the tribunal to assume
1360jurisdiction to modify the child support order.
1361     (2)  Modification of a registered child support order is
1362subject to the same requirements, procedures, and defenses that
1363apply to the modification of an order issued by a tribunal of
1364this state and the order may be enforced and satisfied in the
1365same manner.
1366     (3)  A tribunal of this state may not modify any aspect of
1367a child support order that may not be modified under the law of
1368the issuing state, including the duration of the obligation of
1369support. If two or more tribunals have issued child support
1370orders for the same obligor and same child, the order that
1371controls and must be so recognized under s. 88.2071 establishes
1372the aspects of the support order which are nonmodifiable.
1373     (4)  In a proceeding to modify a child support order, the
1374law of the state that is determined to have issued the initial
1375controlling order governs the duration of the obligation of
1376support. The obligor's fulfillment of the duty of support
1377established by that order precludes imposition of a further
1378obligation of support by a tribunal of this state.
1379     (5)(4)  On issuance of an order by a tribunal of this state
1380modifying a child support order issued in another state, the a
1381tribunal of this state becomes the tribunal of continuing
1382exclusive jurisdiction.
1383     (6)  Notwithstanding subsections (1)-(5) and s. 88.2011(2),
1384a tribunal of this state retains jurisdiction to modify an order
1385issued by a tribunal of this state if:
1386     (a)  One party resides in another state; and
1387     (b)  The other party resides outside the United States.
1388     Section 53.  Section 88.6121, Florida Statutes, is amended
1389to read:
1390     88.6121  Recognition of order modified in another state.-If
1391a child support order issued by a tribunal of this state is
1392modified shall recognize a modification of its earlier child
1393support order by a tribunal of another state which assumed
1394jurisdiction pursuant to the Uniform Interstate Family Support
1395Act, a tribunal of this state this act or a law substantially
1396similar to this act and, upon request, except as otherwise
1397provided in this act, shall:
1398     (1)  May enforce the order that was modified only as to
1399arrears and interest amounts accruing before the modification.
1400     (2)  Enforce only nonmodifiable aspects of that order.
1401     (2)(3)  May provide other appropriate relief only for
1402violations of its that order which occurred before the effective
1403date of the modification.
1404     (3)(4)  Shall recognize the modifying order of the other
1405state, upon registration, for the purpose of enforcement.
1406     Section 54.  Section 88.6151, Florida Statutes, is created
1407to read:
1408     88.6151  Jurisdiction to modify child support order of
1409foreign county.-
1410     (1)  Except as otherwise provided in s. 88.7111, if a
1411foreign country lacks or refuses to exercise jurisdiction to
1412modify its child support order pursuant to its laws, a tribunal
1413of this state may assume jurisdiction to modify the child
1414support order and bind all individuals subject to the personal
1415jurisdiction of the tribunal whether the consent to modification
1416of a child support order otherwise required of the individual
1417pursuant to s. 88.6111 has been given or whether the individual
1418seeking modification is a resident of this state or of the
1419foreign country.
1420     (2)  An order issued by a tribunal of this state modifying
1421a foreign child support order pursuant to this section is the
1422controlling order.
1423     Section 55.  Section 88.6161, Florida Statutes, is created
1424to read:
1425     88.6161  Procedure to register child support order of
1426foreign country for modification.-A party or support enforcement
1427agency seeking to modify, or to modify and enforce, a foreign
1428child support order not under the convention may register that
1429order in this state under ss. 88.6011-88.6081 if the order has
1430not been registered. A petition for modification may be filed at
1431the same time as a request for registration, or at another time.
1432The petition must specify the grounds for modification.
1433     Section 56.  The Division of Statutory Revision is directed
1434to redesignate part VII of chapter 88, Florida Statutes, as
1435"SUPPORT PROCEEDING UNDER CONVENTION."
1436     Section 57.  Section 88.7011, Florida Statutes, is
1437repealed.
1438     Section 58.  Section 88.70111, Florida Statutes, is created
1439to read:
1440     88.70111  Definitions.-As used in this part, the term:
1441     (1)  "Application" means a request under the convention by
1442an obligee or obligor, or on behalf of a child, made through a
1443central authority for assistance from another central authority.
1444     (2)  "Central authority" means the entity designated by the
1445United States or a foreign country described in s. 88.102(5)(d)
1446to perform the functions specified in the convention.
1447     (3)  "Convention support order" means a support order of a
1448tribunal of a foreign country described in s. 88.102(5)(d).
1449     (4)  "Direct request" means a petition filed by an
1450individual in a tribunal of this state in a proceeding involving
1451an obligee, obligor, or child residing outside the United
1452States.
1453     (5)  "Foreign central authority" means the entity
1454designated by a foreign country described in s. 88.102(5)(d) to
1455perform the functions specified in the convention.
1456     (6)  "Foreign support agreement":
1457     (a)  Means an agreement for support in a record that:
1458     1.  Is enforceable as a support order in the country of
1459origin;
1460     2.  Has been:
1461     a.  Formally drawn up or registered as an authentic
1462instrument by a foreign tribunal; or
1463     b.  Authenticated by or concluded, registered, or filed
1464with a foreign tribunal; and
1465     3.  May be reviewed and modified by a foreign tribunal; and
1466     (b)  Includes a maintenance arrangement or authentic
1467instrument under the convention.
1468     (7)  "United States central authority" means the Secretary
1469of the United States Department of Health and Human Services.
1470     Section 59.  Section 88.7021, Florida Statutes, is created
1471to read:
1472     88.7021  Applicability.-This part applies only to a support
1473proceeding under the convention. In such a proceeding, if a
1474provision of this part is inconsistent with parts I through VI,
1475this part controls.
1476     Section 60.  Section 88.7031, Florida Statutes, is created
1477to read:
1478     88.7031  Relationship of Department of Revenue to United
1479States central authority.-The Department of Revenue is
1480recognized as the agency designated by the United States central
1481authority to perform specific functions under the convention.
1482     Section 61.  Section 88.7041, Florida Statutes, is created
1483to read:
1484     88.7041  Initiation by Department of Revenue of support
1485proceeding subject to convention.-
1486     (1)  In a proceeding subject to the convention, the
1487Department of Revenue shall:
1488     (a)  Transmit and receive applications; and
1489     (b)  Initiate or facilitate the institution of a proceeding
1490regarding an application in a tribunal of this state.
1491     (2)  The following support proceedings are available to an
1492obligee under the convention:
1493     (a)  Recognition or recognition and enforcement of a
1494foreign support order.
1495     (b)  Enforcement of a support order issued or recognized in
1496this state.
1497     (c)  Establishment of a support order if there is no
1498existing order, including, where necessary, determination of
1499parentage.
1500     (d)  Establishment of a support order if recognition of a
1501foreign support order is not possible or is refused because of
1502the lack of a basis for recognition and enforcement under s.
150388.7081 or on grounds specified in s. 88.7091(2) or s.
150488.7091(5).
1505     (e)  Modification of a support order made by a tribunal of
1506this state.
1507     (f)  Modification of a foreign support order.
1508     (3)  The following support proceedings are available under
1509the convention to an obligor against whom there is an existing
1510support order:
1511     (a)  Recognition of an order suspending or limiting
1512enforcement of an existing support order of a tribunal of this
1513state.
1514     (b)  Modification of a support order of a tribunal of this
1515state.
1516     (c)  Modification of a support order of a tribunal of
1517another state or foreign country.
1518     (4)  A tribunal of this state may not require security,
1519bond, or deposit, however described, to guarantee the payment of
1520costs and expenses in proceedings under the convention.
1521     Section 62.  Section 88.7051, Florida Statutes, is created
1522to read:
1523     88.7051  Direct request.-
1524     (1)  A petitioner may file a direct request in a tribunal
1525of this state seeking the establishment or modification of a
1526support order or determination of parentage. In such a
1527proceeding, the law of this state applies.
1528     (2)  A petitioner may file a direct request in a tribunal
1529of this state seeking the recognition and enforcement of a
1530support order or support agreement. In such a proceeding, the
1531provisions of ss. 88.7061-88.7121 apply.
1532     (3)  In a direct request for recognition and enforcement of
1533a foreign support order or agreement:
1534     (a)  No security, bond, or deposit shall be required to
1535guarantee the payment of costs and expenses related to the
1536proceedings; and
1537     (b)  The obligee or obligor, who in the issuing country has
1538benefited from free legal assistance, shall be entitled to
1539benefit, at least to the same extent, from any free legal
1540assistance provided for by the law of this state under the same
1541circumstances.
1542     (4)  An individual filing directly to a tribunal will not
1543receive assistance from the Department of Revenue.
1544     (5)  Nothing in this part prevents the application of laws
1545of this state that provide simplified, more expeditious rules
1546regarding a direct request for recognition and enforcement of a
1547foreign support order or support agreement.
1548     Section 63.  Section 88.7061, Florida Statutes, is created
1549to read:
1550     88.7061  Registration of support order subject to
1551convention.-
1552     (1)  Except as otherwise provided in this part, a party who
1553is an individual or a support enforcement agency seeking
1554recognition of a foreign support order subject to the convention
1555shall register the order in this state as provided in part VI of
1556this chapter.
1557     (2)  Notwithstanding ss. 88.3111 and 88.6021, a request for
1558registration of a foreign support order subject to the
1559convention shall be accompanied by the following:
1560     (a)  A complete text of the support order, or an abstract
1561or extract of the support order drawn up by the issuing foreign
1562tribunal, which may be in the form recommended by the Hague
1563Conference on Private International Law.
1564     (b)  A record stating that the support order is enforceable
1565in the issuing country.
1566     (c)  If the respondent did not appear and was not
1567represented in the proceedings in the issuing country, a record
1568attesting, as appropriate, either that the respondent had proper
1569notice of the proceedings and an opportunity to be heard, or
1570that the respondent had proper notice of the support order and
1571the opportunity to challenge or appeal it on fact and law.
1572     (d)  If necessary, a record showing the amount of any
1573arrears, and the date the amount was calculated.
1574     (e)  If necessary, a record showing a requirement for
1575automatic adjustment of the amount of support, if any, and the
1576information necessary to make the appropriate calculations.
1577     (f)  If necessary, a record showing the extent to which the
1578applicant received free legal assistance in the issuing country.
1579     (3)  A request for registration of a foreign support order
1580may seek recognition and partial enforcement of the order.
1581     (4)  A tribunal of this state may refuse to register a
1582foreign support order only if recognition and enforcement of the
1583order is manifestly incompatible with public policy.
1584     (5)  The tribunal shall promptly notify the parties of the
1585registration or the refusal to register a foreign support order.
1586     Section 64.  Section 88.7071, Florida Statutes, is created
1587to read:
1588     88.7071  Contest of validity of foreign support order
1589subject to convention.-
1590     (1)  Except as otherwise provided in this part, ss.
159188.6051-88.6081 apply to a contest of the validity of a
1592registered foreign support order subject to the convention.
1593     (2)  A party contesting the recognition and enforcement of
1594a registered foreign support order subject to the convention
1595must file a contest within 30 days after notice of the
1596registration unless the contesting party does not reside in the
1597United States or a state, in which case the contest must be
1598filed within 60 days after notice.
1599     (3)  A contest of a registered foreign support order may be
1600based only on:
1601     (a)  The authenticity or integrity of any record
1602transmitted in accordance with s. 88.7061;
1603     (b)  The lack of a basis for enforcement under s. 88.7081;
1604     (c)  The grounds for refusing enforcement under s. 88.7091;
1605or
1606     (d)  The payment in part or in whole of the alleged
1607arrears.
1608     (4)  In a contest of the validity of a registered foreign
1609support order, a tribunal of this state:
1610     (a)  Is bound by the findings of fact on which the foreign
1611tribunal based its jurisdiction; and
1612     (b)  May not review the merits of the support order.
1613     (5)  A tribunal of this state deciding a contest of the
1614validity of a registered foreign support order shall promptly
1615notify the parties of its decision.
1616     (6)  An appeal, if any, does not stay the enforcement of a
1617foreign support order unless there are exceptional
1618circumstances.
1619     Section 65.  Section 88.7081, Florida Statutes, is created
1620to read:
1621     88.7081  Recognition and enforcement of foreign support
1622order subject to convention.-
1623     (1)  A tribunal of this state shall recognize and enforce a
1624foreign support order subject to the convention if:
1625     (a)  The issuing tribunal had personal jurisdiction
1626consistent with s. 88.2011; and
1627     (b)  The order is enforceable in the issuing country.
1628     (2)  If a tribunal of this state may not recognize a
1629foreign support order because under similar facts the tribunal
1630would not have had personal jurisdiction consistent with s.
163188.2011:
1632     (a)  The tribunal must allow a reasonable time for a party
1633to request the tribunal to establish a support order;
1634     (b)  The tribunal may not use its refusal to recognize the
1635foreign support order as a basis for dismissing the request;
1636     (c)  The Department of Revenue shall take all appropriate
1637measures to request a child support order for the obligee if the
1638application for recognition and enforcement was received under
1639s. 88.7041(1).
1640     (3)  If a tribunal of this state may not recognize and
1641enforce the whole of a foreign support order, it shall enforce
1642any severable part of the order. An application or direct
1643request may seek recognition and partial enforcement of a
1644foreign support order.
1645     Section 66.  Section 88.7091, Florida Statutes, is created
1646to read:
1647     88.7091  Refusal of recognition and enforcement of foreign
1648support order subject to convention.-A tribunal of this state
1649may refuse recognition and enforcement of a foreign support
1650order subject to the convention if:
1651     (1)  Recognition and enforcement of the order is manifestly
1652incompatible with public policy;
1653     (2)  The order was obtained by fraud in connection with a
1654matter of procedure;
1655     (3)  A proceeding between the same parties and having the
1656same purpose is pending before a tribunal of this state and that
1657proceeding was the first to be instituted;
1658     (4)  The order is incompatible with a more recent support
1659order issued between the same parties and having the same
1660purpose if the more recent support order is entitled to
1661recognition and enforcement in this state;
1662     (5)  In a case in which the respondent neither appeared nor
1663was represented in the proceeding in the issuing foreign country
1664when the law of the country:
1665     (a)  Provides for notice of proceedings, the respondent did
1666not have proper notice of the proceedings and an opportunity to
1667be heard; or
1668     (b)  Does not provide for notice of the proceedings, the
1669respondent did not have proper notice of the order and the
1670opportunity to challenge or appeal it on fact and law; or
1671     (6)  The order was made in violation of s. 88.7111.
1672     Section 67.  Section 88.7101, Florida Statutes, is created
1673to read:
1674     88.7101  Foreign support agreement subject to convention.-
1675     (1)  Except as provided in subsections (3) and (4), a
1676tribunal of this state shall recognize and enforce a foreign
1677support agreement registered in this state.
1678     (2)  An application or direct request for recognition and
1679enforcement of a foreign support agreement shall be accompanied
1680by the following:
1681     (a)  A complete text of the foreign support agreement.
1682     (b)  A record stating that the foreign support agreement is
1683enforceable as a decision in the issuing country.
1684     (3)  A tribunal of this state may refuse to register a
1685foreign support agreement only if registration is manifestly
1686incompatible with public policy.
1687     (4)  A tribunal of this state may refuse recognition and
1688enforcement of a foreign support agreement if it finds:
1689     (a)  Recognition and enforcement of the agreement is
1690manifestly incompatible with public policy;
1691     (b)  The agreement was obtained by fraud or falsification;
1692     (c)  The agreement is incompatible with a support order
1693issued between the same parties and having the same purpose,
1694either in this state, another state, or a foreign country if the
1695support order is entitled to recognition in this state; or
1696     (d)  The record submitted under subsection (2) lacks
1697authenticity or integrity.
1698     (5)  A proceeding for recognition and enforcement of a
1699foreign support agreement shall be suspended during the pendency
1700of a challenge to the agreement before a tribunal of another
1701state or foreign country.
1702     Section 68.  Section 88.7111, Florida Statutes, is created
1703to read:
1704     88.7111  Modification of foreign child support order
1705subject to convention.-
1706     (1)  A tribunal of this state may not modify a foreign
1707child support order if the obligee remains a resident of the
1708foreign country where the support order was issued unless:
1709     (a)  The obligee submits to the jurisdiction of a tribunal
1710of this state, either expressly or by defending on the merits of
1711the case without objecting to the jurisdiction at the first
1712available opportunity; or
1713     (b)  The foreign tribunal lacks or refuses to exercise
1714jurisdiction to modify its support order or issue a new support
1715order.
1716     (2)  If a tribunal of this state does not modify the
1717foreign child support order because the order may not be
1718recognized in this state, the provisions of s. 88.7081 apply.
1719     Section 69.  Section 88.7121, Florida Statutes, is created
1720to read:
1721     88.7121  Jurisdiction to modify spousal support order of
1722foreign country.-A tribunal of this state with personal
1723jurisdiction over the parties may modify a spousal support order
1724of a foreign tribunal if:
1725     (1)  The foreign tribunal lacks or refuses to exercise
1726jurisdiction to modify its order pursuant to its laws;
1727     (2)  There is agreement in writing between the parties to
1728the jurisdiction of the tribunal of this state; or
1729     (3)  The parties submit to the jurisdiction of the tribunal
1730of this state expressly or by defending on the merits without
1731objecting.
1732     Section 70.  Paragraph (b) of subsection (2) of section
173388.8011, Florida Statutes, is amended to read:
1734     88.8011  Grounds for rendition.-
1735     (2)  The Governor of this state may:
1736     (b)  On the demand of by the Governor of another state,
1737surrender an individual found in this state who is charged
1738criminally in the other state with having failed to provide for
1739the support of an obligee.
1740     Section 71.  Section 88.9011, Florida Statutes, is amended
1741to read:
1742     88.9011  Uniformity of application and construction.-In
1743applying and construing this uniform act, consideration must be
1744given to the need to promote uniformity of This act shall be
1745applied and construed to effectuate its general purpose to make
1746uniform the law with respect to its the subject matter of this
1747act among states that enact enacting it.
1748     Section 72.  Section 88.9031, Florida Statutes, is amended
1749to read:
1750     88.9031  Severability clause.-If any provision of this act
1751or its application to any person or circumstance is held
1752invalid, the invalidity does not affect other provisions or
1753applications of this act which can be given effect without the
1754invalid provision or application, and to this end the provisions
1755of this act are severable.
1756     Section 73.  Paragraph (a) of subsection (7) of section
175761.13, Florida Statutes, is amended to read:
1758     61.13  Support of children; parenting and time-sharing;
1759powers of court.-
1760     (7)(a)  Each party to any paternity or support proceeding
1761is required to file with the tribunal as defined in s.
176288.1011(22) and State Case Registry upon entry of an order, and
1763to update as appropriate, information on location and identity
1764of the party, including social security number, residential and
1765mailing addresses, telephone number, driver's license number,
1766and name, address, and telephone number of employer. Each party
1767to any paternity or child support proceeding in a non-Title IV-D
1768case shall meet the above requirements for updating the tribunal
1769and State Case Registry.
1770     Section 74.  Paragraph (b) of subsection (5) of section
1771827.06, Florida Statutes, is amended to read:
1772     827.06  Nonsupport of dependents.-
1773     (5)
1774     (b)  The element of knowledge may be proven by evidence
1775that a court or tribunal as defined by s. 88.1011(22) has
1776entered an order that obligates the defendant to provide the
1777support.
1778     Section 75.  This act shall take effect July 1, 2011.


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