reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VI - Registration, Enforcement, and Modification of Support Order (Ss. 88.6011-88.6161) › Subpart B - Contest of Validity or Enforcement › 88.6061 - Procedure to contest validity or enforcement of registered order.

88.6061 Procedure to contest validity or enforcement of registered order.—
(1) A nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing within the time required by s. 88.6051. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to s. 88.6071.
(2) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.
(3) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.
History.—s. 6, ch. 96-189; s. 32, ch. 97-170; s. 49, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VI - Registration, Enforcement, and Modification of Support Order (Ss. 88.6011-88.6161) › Subpart B - Contest of Validity or Enforcement › 88.6071 - Contest of registration or enforcement.

88.6071 Contest of registration or enforcement.—
(1) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(a) The issuing tribunal lacked personal jurisdiction over the contesting party;
(b) The order was obtained by fraud;
(c) The order has been vacated, suspended, or modified by a later order;
(d) The issuing tribunal has stayed the order pending appeal;
(e) There is a defense under the law of this state to the remedy sought;
(f) Full or partial payment has been made;
(g) The statute of limitation under s. 88.6041 precludes enforcement of some or all of the alleged arrearages; or
(h) The alleged controlling order is not the controlling order.
(2) If a party presents evidence establishing a full or partial defense under subsection (1), a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.
(3) If the contesting party does not establish a defense under subsection (1) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
History.—s. 6, ch. 96-189; s. 50, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VI - Registration, Enforcement, and Modification of Support Order (Ss. 88.6011-88.6161) › Subpart B - Contest of Validity or Enforcement › 88.6081 - Confirmed order.

88.6081 Confirmed order.—Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
History.—s. 6, ch. 96-189; s. 51, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VI - Registration, Enforcement, and Modification of Support Order (Ss. 88.6011-88.6161) › Subpart C - Registration and Modification ofChild Support Order of Another State › 88.6091 - Procedure to register child support order of another state for modification.

88.6091 Procedure to register child support order of another state for modification.—A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in ss. 88.6011-88.6081 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.
History.—s. 6, ch. 96-189; s. 52, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VI - Registration, Enforcement, and Modification of Support Order (Ss. 88.6011-88.6161) › Subpart C - Registration and Modification ofChild Support Order of Another State › 88.6101 - Effect of registration for modification.

88.6101 Effect of registration for modification.—A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered order may be modified only if the requirements of s. 88.6111 have been met.
History.—s. 6, ch. 96-189.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VI - Registration, Enforcement, and Modification of Support Order (Ss. 88.6011-88.6161) › Subpart C - Registration and Modification ofChild Support Order of Another State › 88.6111 - Modification of child support order of another state.

88.6111 Modification of child support order of another state.—
(1) If s. 88.6131 does not apply, upon petition, a tribunal of this state may modify a child support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that:
(a) The following requirements are met:
1. Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;
2. A petitioner who is a nonresident of this state seeks modification; and
3. The respondent is subject to the personal jurisdiction of the tribunal of this state; or
(b) This state is the state of residence of the child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of this state and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing exclusive jurisdiction.
(2) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.
(3) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and must be so recognized under s. 88.2071 establishes the aspects of the support order which are nonmodifiable.
(4) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor’s fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.
(5) On issuance of an order by a tribunal of this state modifying a child support order issued in another state, the tribunal of this state becomes the tribunal of continuing exclusive jurisdiction.
(6) Notwithstanding subsections (1)-(5) and s. 88.2011(2), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:
(a) One party resides in another state; and
(b) The other party resides outside the United States.
History.—s. 6, ch. 96-189; s. 33, ch. 97-170; s. 53, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VI - Registration, Enforcement, and Modification of Support Order (Ss. 88.6011-88.6161) › Subpart C - Registration and Modification ofChild Support Order of Another State › 88.6121 - Recognition of order modified in another state.

88.6121 Recognition of order modified in another state.—If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state:
(1) May enforce the order that was modified only as to arrears and interest accruing before the modification.
(2) May provide appropriate relief for violations of its order which occurred before the effective date of the modification.
(3) Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
History.—s. 6, ch. 96-189; s. 34, ch. 97-170; s. 54, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VI - Registration, Enforcement, and Modification of Support Order (Ss. 88.6011-88.6161) › Subpart C - Registration and Modification ofChild Support Order of Another State › 88.6131 - Jurisdiction to modify child support order of another state when individual parties reside in this state.

88.6131 Jurisdiction to modify child support order of another state when individual parties reside in this state.—
(1) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state’s child support order in a proceeding to register that order.
(2) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of parts I and II, this part and the procedural and substantive law of this state to the proceeding for enforcement or modification. Parts III-V, VII, and VIII do not apply.
History.—s. 35, ch. 97-170.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VI - Registration, Enforcement, and Modification of Support Order (Ss. 88.6011-88.6161) › Subpart C - Registration and Modification ofChild Support Order of Another State › 88.6141 - Notice to issuing tribunal of modifications.

88.6141 Notice to issuing tribunal of modifications.—Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing exclusive jurisdiction.
History.—s. 36, ch. 97-170.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VI - Registration, Enforcement, and Modification of Support Order (Ss. 88.6011-88.6161) › Subpart D - Registration and Modificationof Foreign Child Support Order › 88.6151 - Jurisdiction to modify child support order of foreign country.

88.6151 Jurisdiction to modify child support order of foreign country.—
(1) Except as otherwise provided in s. 88.7111, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to s. 88.6111 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.
(2) An order issued by a tribunal of this state modifying a foreign child support order pursuant to this section is the controlling order.
History.—s. 55, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VI - Registration, Enforcement, and Modification of Support Order (Ss. 88.6011-88.6161) › Subpart D - Registration and Modificationof Foreign Child Support Order › 88.6161 - Procedure to register child support order of foreign country for modification.

88.6161 Procedure to register child support order of foreign country for modification.—A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the convention may register that order in this state under ss. 88.6011-88.6081 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.
History.—s. 56, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VII - Support Proceeding Under Convention (Ss. 88.70111-88.7131) › 88.70111 - Definitions.

88.70111 Definitions.—As used in this part, the term:
(1) “Application” means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
(2) “Central authority” means the entity designated by the United States or a foreign country described in s. 88.1011(5)(d) to perform the functions specified in the convention.
(3) “Convention support order” means a support order of a tribunal of a foreign country described in s. 88.1011(5)(d).
(4) “Direct request” means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States.
(5) “Foreign central authority” means the entity designated by a foreign country described in s. 88.1011(5)(d) to perform the functions specified in the convention.
(6) “Foreign support agreement”:
(a) Means an agreement for support in a record that:
1. Is enforceable as a support order in the country of origin;
2. Has been:
a. Formally drawn up or registered as an authentic instrument by a foreign tribunal; or
b. Authenticated by or concluded, registered, or filed with a foreign tribunal; and
3. May be reviewed and modified by a foreign tribunal; and
(b) Includes a maintenance arrangement or authentic instrument under the convention.
(7) “United States central authority” means the Secretary of the United States Department of Health and Human Services.
History.—s. 59, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VII - Support Proceeding Under Convention (Ss. 88.70111-88.7131) › 88.7021 - Applicability.

88.7021 Applicability.—This part applies only to a support proceeding under the convention. In such a proceeding, if a provision of this part is inconsistent with parts I through VI, this part controls.
History.—s. 60, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VII - Support Proceeding Under Convention (Ss. 88.70111-88.7131) › 88.7031 - Relationship of Department of Revenue to United States central authority.

88.7031 Relationship of Department of Revenue to United States central authority.—The Department of Revenue is recognized as the agency designated by the United States central authority to perform specific functions under the convention.
History.—s. 61, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VII - Support Proceeding Under Convention (Ss. 88.70111-88.7131) › 88.7041 - Initiation by Department of Revenue of support proceeding under convention.

88.7041 Initiation by Department of Revenue of support proceeding under convention.—
(1) In a support proceeding under this part, the Department of Revenue shall:
(a) Transmit and receive applications; and
(b) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
(2) The following support proceedings are available to an obligee under the convention:
(a) Recognition or recognition and enforcement of a foreign support order.
(b) Enforcement of a support order issued or recognized in this state.
(c) Establishment of a support order if there is no existing order, including, where necessary, determination of parentage of a child.
(d) Establishment of a support order if recognition of a foreign support order is refused under s. 88.7081(2)(b), (d), or (i).
(e) Modification of a support order of a tribunal of this state.
(f) Modification of a support order of a tribunal of another state or a foreign country.
(3) The following support proceedings are available under the convention to an obligor against whom there is an existing support order:
(a) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state.
(b) Modification of a support order of a tribunal of this state.
(c) Modification of a support order of a tribunal of another state or foreign country.
(4) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.
History.—s. 62, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VII - Support Proceeding Under Convention (Ss. 88.70111-88.7131) › 88.7051 - Direct request.

88.7051 Direct request.—
(1) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.
(2) A petitioner may file a direct request in a tribunal of this state seeking recognition and enforcement of a support order or support agreement. In such a proceeding, the provisions of ss. 88.7061-88.7131 apply.
(3) In a direct request for recognition and enforcement of a convention support order or foreign support agreement:
(a) A security, bond, or deposit is not required to guarantee the payment of costs and expenses; and
(b) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.
(4) An individual filing a direct request is not entitled to assistance from the Department of Revenue.
(5) This part does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
History.—s. 63, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VII - Support Proceeding Under Convention (Ss. 88.70111-88.7131) › 88.7061 - Registration of convention support order.

88.7061 Registration of convention support order.—
(1) Except as otherwise provided in this part, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in part VI of this chapter.
(2) Notwithstanding ss. 88.3111 and 88.6021(1), a request for registration of a convention support order must be accompanied by the following:
(a) A complete text of the support order, or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law.
(b) A record stating that the support order is enforceable in the issuing country.
(c) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard, or that the respondent had proper notice of the support order and the opportunity to be heard in a challenge or appeal on fact or law before a tribunal.
(d) A record showing the amount of any arrears, and the date the amount was calculated.
(e) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations, if necessary.
(f) A record showing the extent to which the applicant received free legal assistance in the issuing country.
(3) A request for registration of a convention support order may seek recognition and partial enforcement of the order.
(4) A tribunal of this state may vacate the registration of a convention support order without the filing of a contest under s. 88.7071 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(5) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.
History.—s. 64, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VII - Support Proceeding Under Convention (Ss. 88.70111-88.7131) › 88.7071 - Contest of registered convention support order.

88.7071 Contest of registered convention support order.—
(1) Except as otherwise provided in this part, ss. 88.6051-88.6081 apply to a contest of a registered convention support order.
(2) A party contesting a registered convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.
(3) If the nonregistering party fails to contest the registered convention support order by the time specified in subsection (2), the order is enforceable.
(4) A contest of a registered convention support order may be based only on grounds set forth in s. 88.7081. The contesting party bears the burden of proof.
(5) In a contest of a registered convention support order, a tribunal of this state:
(a) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(b) May not review the merits of the order.
(6) A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision.
(7) A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.
History.—s. 65, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VII - Support Proceeding Under Convention (Ss. 88.70111-88.7131) › 88.7081 - Recognition and enforcement of convention support order.

88.7081 Recognition and enforcement of convention support order.—
(1) Except as otherwise provided in subsection (2), a tribunal of this state shall recognize and enforce a registered convention support order.
(2) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered convention support order:
(a) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
(b) The issuing tribunal lacked personal jurisdiction consistent with s. 88.2011;
(c) The order is not enforceable in the issuing country;
(d) The order was obtained by fraud in connection with a matter of procedure;
(e) A record transmitted in accordance with s. 88.7061 lacks authenticity or integrity;
(f) A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;
(g) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this act in this state;
(h) Payment, to the extent alleged arrears have been paid in whole or in part;
(i) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
1. If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
2. If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
(j) The order was made in violation of s. 88.7111.
(3) If a tribunal of this state does not recognize a convention support order under paragraph (2)(b), paragraph (2)(d), paragraph (2)(f), or paragraph (2)(i):
(a) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order; and
(b) The Department of Revenue shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under s. 88.7041.
History.—s. 66, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VII - Support Proceeding Under Convention (Ss. 88.70111-88.7131) › 88.7091 - Partial enforcement.

88.7091 Partial enforcement.—If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order.
History.—s. 67, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VII - Support Proceeding Under Convention (Ss. 88.70111-88.7131) › 88.7101 - Foreign support agreement.

88.7101 Foreign support agreement.—
(1) Except as provided in subsections (3) and (4), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
(2) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(a) A complete text of the foreign support agreement; and
(b) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(3) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(4) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
(a) Recognition and enforcement of the agreement is manifestly incompatible with public policy;
(b) The agreement was obtained by fraud or falsification;
(c) The agreement is incompatible with a support order issued between the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition in this state; or
(d) The record submitted under subsection (2) lacks authenticity or integrity.
(5) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
History.—s. 68, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VII - Support Proceeding Under Convention (Ss. 88.70111-88.7131) › 88.7111 - Modification of convention child support order.

88.7111 Modification of convention child support order.—
(1) A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(a) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(b) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(2) If a tribunal of this state does not modify a convention child support order because the order is not recognized in this state, the provisions of s. 88.7081(3) apply.
History.—s. 69, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VII - Support Proceeding Under Convention (Ss. 88.70111-88.7131) › 88.7121 - Personal information; limit on use.

88.7121 Personal information; limit on use.—Personal information gathered or transmitted under this part may be used only for the purposes for which it was gathered or transmitted.
History.—s. 70, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VII - Support Proceeding Under Convention (Ss. 88.70111-88.7131) › 88.7131 - Record in original language; English translation.

88.7131 Record in original language; English translation.—A record filed with a tribunal of this state under this part must be in the original language and, if not in English, must be accompanied by an English translation.
History.—s. 71, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VIII - Interstate Rendition (Ss. 88.8011, 88.8021) › 88.8011 - Grounds for rendition.

88.8011 Grounds for rendition.—
(1) For purposes of this article, “Governor” includes an individual performing the functions of Governor or the executive authority of a state covered by this act.
(2) The Governor of this state may:
(a) Demand that the Governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or
(b) On the demand of the Governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
(3) A provision for extradition of individuals not inconsistent with this act applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
History.—s. 8, ch. 96-189; s. 72, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part VIII - Interstate Rendition (Ss. 88.8011, 88.8021) › 88.8021 - Conditions of rendition.

88.8021 Conditions of rendition.—
(1) Before making demand that the Governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of this state may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this act or that the proceeding would be of no avail.
(2) If, under this act or a law substantially similar to this act, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act, the Governor of another state makes a demand that the Governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(3) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order.
History.—s. 8, ch. 96-189.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part IX - Miscellaneous Provisions (Ss. 88.9011-88.9031) › 88.9011 - Uniformity of application and construction.

88.9011 Uniformity of application and construction.—In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History.—s. 9, ch. 96-189; s. 73, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part IX - Miscellaneous Provisions (Ss. 88.9011-88.9031) › 88.9021 - Transitional provision.

88.9021 Transitional provision.—This act applies to proceedings begun on or after the effective date of this act to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.
History.—s. 74, ch. 2011-92.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 88 - Uniform Interstate Family Support Act › Part IX - Miscellaneous Provisions (Ss. 88.9011-88.9031) › 88.9031 - Severability.

88.9031 Severability.—If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History.—s. 9, ch. 96-189; s. 75, ch. 2011-92.
2023 Florida Statutes › Title VII - Evidence › Chapter 90 - Evidence Code › 90.101 - Short Title.

90.101 Short title.—This chapter shall be known and may be cited as the “Florida Evidence Code.”
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.
2023 Florida Statutes › Title VII - Evidence › Chapter 90 - Evidence Code › 90.102 - Construction.

90.102 Construction.—This chapter shall replace and supersede existing statutory or common law in conflict with its provisions.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.
2023 Florida Statutes › Title VII - Evidence › Chapter 90 - Evidence Code › 90.103 - Scope; Applicability.

90.103 Scope; applicability.—
(1) Unless otherwise provided by statute, this code applies to the same proceedings that the general law of evidence applied to before the effective date of this code.
(2) This act shall apply to criminal proceedings related to crimes committed after the effective date of this code and to civil actions and all other proceedings pending on or brought after October 1, 1981.
(3) Nothing in this act shall operate to repeal or modify the parol evidence rule.
History.—ss. 1, 5, 7, ch. 76-237; s. 1, ch. 77-77; ss. 1, 22, ch. 78-361; ss. 1, 2, ch. 78-379; s. 1, ch. 81-93.
2023 Florida Statutes › Title VII - Evidence › Chapter 90 - Evidence Code › 90.104 - Rulings on Evidence.

90.104 Rulings on evidence.—
(1) A court may predicate error, set aside or reverse a judgment, or grant a new trial on the basis of admitted or excluded evidence when a substantial right of the party is adversely affected and:
(a) When the ruling is one admitting evidence, a timely objection or motion to strike appears on the record, stating the specific ground of objection if the specific ground was not apparent from the context; or
(b) When the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer of proof or was apparent from the context within which the questions were asked.
If the court has made a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party need not renew an objection or offer of proof to preserve a claim of error for appeal.
(2) In cases tried by a jury, a court shall conduct proceedings, to the maximum extent practicable, in such a manner as to prevent inadmissible evidence from being suggested to the jury by any means.
(3) Nothing in this section shall preclude a court from taking notice of fundamental errors affecting substantial rights, even though such errors were not brought to the attention of the trial judge.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 1, ch. 77-174; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 1, ch. 2003-259.
2023 Florida Statutes › Title VII - Evidence › Chapter 90 - Evidence Code › 90.105 - Preliminary Questions.

90.105 Preliminary questions.—
(1) Except as provided in subsection (2), the court shall determine preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence.
(2) When the relevancy of evidence depends upon the existence of a preliminary fact, the court shall admit the proffered evidence when there is prima facie evidence sufficient to support a finding of the preliminary fact. If prima facie evidence is not introduced to support a finding of the preliminary fact, the court may admit the proffered evidence subject to the subsequent introduction of prima facie evidence of the preliminary fact.
(3) Hearings on the admissibility of confessions shall be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be similarly conducted when the interests of justice require or when an accused is a witness, if he or she so requests.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 471, ch. 95-147.
2023 Florida Statutes › Title VII - Evidence › Chapter 90 - Evidence Code › 90.106 - Summing Up and Comment by Judge.

90.106 Summing up and comment by judge.—A judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.
2023 Florida Statutes › Title VII - Evidence › Chapter 90 - Evidence Code › 90.107 - Limited Admissibility.

90.107 Limited admissibility.—When evidence that is admissible as to one party or for one purpose, but inadmissible as to another party or for another purpose, is admitted, the court, upon request, shall restrict such evidence to its proper scope and so inform the jury at the time it is admitted.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.
2023 Florida Statutes › Title VII - Evidence › Chapter 90 - Evidence Code › 90.108 - Introduction of Related Writings or Recorded Statements.

90.108 Introduction of related writings or recorded statements.—
(1) When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require him or her at that time to introduce any other part or any other writing or recorded statement that in fairness ought to be considered contemporaneously. An adverse party is not bound by evidence introduced under this section.
(2) The report of a court reporter, when certified to by the court reporter as being a correct transcript of the testimony and proceedings in the case, is prima facie a correct statement of such testimony and proceedings.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 2, 22, ch. 78-361; ss. 1, 2, ch. 78-379; s. 472, ch. 95-147; s. 5, ch. 95-286.
2023 Florida Statutes › Title VII - Evidence › Chapter 90 - Evidence Code › 90.201 - Matters Which Must Be Judicially Noticed.

90.201 Matters which must be judicially noticed.—A court shall take judicial notice of:
(1) Decisional, constitutional, and public statutory law and resolutions of the Florida Legislature and the Congress of the United States.
(2) Florida rules of court that have statewide application, its own rules, and the rules of United States courts adopted by the United States Supreme Court.
(3) Rules of court of the United States Supreme Court and of the United States Courts of Appeal.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 21, 22, ch. 78-361; ss. 1, 2, ch. 78-379.
2023 Florida Statutes › Title VII - Evidence › Chapter 90 - Evidence Code › 90.202 - Matters Which May Be Judicially Noticed.

90.202 Matters which may be judicially noticed.—A court may take judicial notice of the following matters, to the extent that they are not embraced within s. 90.201:
(1) Special, local, and private acts and resolutions of the Congress of the United States and of the Florida Legislature.
(2) Decisional, constitutional, and public statutory law of every other state, territory, and jurisdiction of the United States.
(3) Contents of the Federal Register.
(4) Laws of foreign nations and of an organization of nations.
(5) Official actions of the legislative, executive, and judicial departments of the United States and of any state, territory, or jurisdiction of the United States.
(6) Records of any court of this state or of any court of record of the United States or of any state, territory, or jurisdiction of the United States.
(7) Rules of court of any court of this state or of any court of record of the United States or of any other state, territory, or jurisdiction of the United States.
(8) Provisions of all municipal and county charters and charter amendments of this state, provided they are available in printed copies or as certified copies.
(9) Rules promulgated by governmental agencies of this state which are published in the Florida Administrative Code or in bound written copies.
(10) Duly enacted ordinances and resolutions of municipalities and counties located in Florida, provided such ordinances and resolutions are available in printed copies or as certified copies.
(11) Facts that are not subject to dispute because they are generally known within the territorial jurisdiction of the court.
(12) Facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned.
(13) Official seals of governmental agencies and departments of the United States and of any state, territory, or jurisdiction of the United States.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 1, ch. 77-174; ss. 3, 22, ch. 78-361; ss. 1, 2, ch. 78-379.
2023 Florida Statutes › Title VII - Evidence › Chapter 90 - Evidence Code › 90.203 - Compulsory Judicial Notice Upon Request.

90.203 Compulsory judicial notice upon request.—A court shall take judicial notice of any matter in s. 90.202 when a party requests it and:
(1) Gives each adverse party timely written notice of the request, proof of which is filed with the court, to enable the adverse party to prepare to meet the request.
(2) Furnishes the court with sufficient information to enable it to take judicial notice of the matter.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.
2023 Florida Statutes › Title VII - Evidence › Chapter 90 - Evidence Code › 90.2035 - Judicial Notice of Information Taken From Web Mapping Services, Global Satellite Imaging Sites, or Internet Mapping Tools.

90.2035 Judicial notice of information taken from web mapping services, global satellite imaging sites, or Internet mapping tools.—
(1)(a) Upon request of a party, a court may take judicial notice of an image, map, location, distance, calculation, or other information taken from a widely accepted web mapping service, global satellite imaging site, or Internet mapping tool, if such image, map, location, distance, calculation, or other information indicates the date on which the information was created.
(b) A party intending to offer such information in evidence at trial or at a hearing must file notice of such intent within a reasonable time or as defined by court order. The notice must include a copy of the information and specify the Internet address or pathway where such information may be accessed and inspected.
(2)(a) A party may object to the court taking judicial notice of the image, map, location, distance, calculation, or other information taken from a widely accepted web mapping service, global satellite imaging site, or Internet mapping tool within a reasonable time or as defined by court order.
(b) In civil cases, there is a rebuttable presumption that information sought to be judicially noticed under this section should be judicially noticed. The rebuttable presumption may be overcome if the court finds by the greater weight of the evidence that the information does not fairly and accurately portray what it is being offered to prove or that it otherwise should not be admitted into evidence under the Florida Evidence Code.
(c) If the court overrules the objection, the court must take judicial notice of the information and admit the information into evidence.
(3) In criminal cases, the court must instruct the jury that the jury may or may not accept the noticed facts as conclusive.
(4) This section does not affect, expand, or limit standards for any matters that may otherwise be judicially noticed.
History.—s. 1, ch. 2022-100.
2023 Florida Statutes › Title VII - Evidence › Chapter 90 - Evidence Code › 90.204 - Determination of Propriety of Judicial Notice and Nature of Matter Noticed.

90.204 Determination of propriety of judicial notice and nature of matter noticed.—
(1) When a court determines upon its own motion that judicial notice of a matter should be taken or when a party requests such notice and shows good cause for not complying with s. 90.203(1), the court shall afford each party reasonable opportunity to present information relevant to the propriety of taking judicial notice and to the nature of the matter noticed.
(2) In determining the propriety of taking judicial notice of a matter or the nature thereof, a court may use any source of pertinent and reliable information, whether or not furnished by a party, without regard to any exclusionary rule except a valid claim of privilege and except for the exclusions provided in s. 90.403.
(3) If a court resorts to any documentary source of information not received in open court, the court shall make the information and its source a part of the record in the action and shall afford each party reasonable opportunity to challenge such information, and to offer additional information, before judicial notice of the matter is taken.
(4) In family cases, the court may take judicial notice of any matter described in s. 90.202(6) when imminent danger to persons or property has been alleged and it is impractical to give prior notice to the parties of the intent to take judicial notice. Opportunity to present evidence relevant to the propriety of taking judicial notice under subsection (1) may be deferred until after judicial action has been taken. If judicial notice is taken under this subsection, the court shall, within 2 business days, file a notice in the pending case of the matters judicially noticed. For purposes of this subsection, the term “family cases” has the same meaning as provided in the Rules of Judicial Administration.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 2, ch. 2014-35.
2023 Florida Statutes › Title VII - Evidence › Chapter 90 - Evidence Code › 90.205 - Denial of a Request for Judicial Notice.

90.205 Denial of a request for judicial notice.—Upon request of counsel, when a court denies a request to take judicial notice of any matter, the court shall inform the parties at the earliest practicable time and shall indicate for the record that it has denied the request.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.