Florida Senate - 2010                             CS for SB 2438
       
       
       
       By the Committee on Judiciary; and Senator Storms
       
       
       
       
       590-03230-10                                          20102438c1
    1                        A bill to be entitled                      
    2         An act relating to premarital preparation; amending s.
    3         741.0306, F.S.; defining the term “marriage education
    4         and family advocate”; providing for the creation and
    5         revision of the Florida Marriage Handbook; creating
    6         the Marriage Education Committee; providing for
    7         membership on the committee; specifying the content
    8         and authors for Parts A and B of the handbook;
    9         requiring the committee to be reconstituted once every
   10         10 years for the purpose of reviewing and updating the
   11         content in the handbook; requiring the committee to
   12         submit a report to the Legislature by a specified
   13         date; providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 741.0306, Florida Statutes, is amended
   18  to read:
   19         741.0306 Creation of, and revisions to, the Florida
   20  Marriage a family law Handbook.—
   21         (1) For the purposes of this section, the term “marriage
   22  education and family advocate” means an individual who meets the
   23  criteria to be a premarital preparation course provider, as
   24  defined in s. 741.0305, or an individual who is certified in a
   25  marriage education curriculum and who has been providing
   26  marriage education services for at least 4 years.
   27         (2)The Marriage Education Committee and Based upon their
   28  willingness to undertake this project, there shall be created by
   29  the Family Law Section of The Florida Bar shall create the
   30  Florida Marriage a Handbook. Part A of the handbook shall
   31  provide resources, information, and skills to help couples have
   32  a healthy and successful marriage. Part B of the handbook shall
   33  explain explaining those sections of Florida law pertaining to
   34  the rights and responsibilities under Florida law of marital
   35  partners to each other and to their children, both during a
   36  marriage and upon dissolution. The material in Part B of the
   37  handbook or other suitable electronic media shall be reviewed
   38  for accuracy by the Family Court Steering Committee of the
   39  Florida Supreme Court before prior to publication and
   40  distribution.
   41         (3)The Marriage Education Committee shall consist of seven
   42  marriage education and family advocates, three of whom shall be
   43  appointed by the Governor, two of whom shall be appointed by the
   44  President of the Senate, and two of whom shall be appointed by
   45  the Speaker of the House of Representatives. The committee shall
   46  be appointed July 1, 2010, and shall be reconstituted once every
   47  10 years for the purpose of reviewing and updating the content
   48  in Part A of the handbook. The appointed members shall be
   49  appointed to a 1-year term or until completion of the review
   50  process. The committee shall be placed within the Department of
   51  Children and Family Services for administrative purposes only.
   52         (4)(2) Such handbooks shall be available from the clerk of
   53  the circuit court upon application for a marriage license. The
   54  clerks may also make the information in the handbook available
   55  on videotape or other electronic media and are encouraged to
   56  provide a list of course providers and sites at which marriage
   57  and relationship skill-building classes are available.
   58         (5)The Marriage Education Committee shall provide the
   59  information contained in Part A of the handbook and shall review
   60  and update the information once every 10 years. The content of
   61  Part A may include, but need not be limited to:
   62         (a)Resources dealing with conflict resolution,
   63  communication skills, family expectations, financial
   64  responsibilities and management, and children and parenting
   65  responsibilities.
   66         (b)Current information from marriage education and family
   67  advocates which is intended to assist couples in forming and
   68  maintaining a long-term marital relationship.
   69         (c)Information regarding premarital education, marriage
   70  enrichment education, and resources that are available to help
   71  restore a marriage that is potentially moving toward
   72  dissolution.
   73         (d)Contact information and website links to additional
   74  resources and local professional and community services to
   75  further assist couples.
   76         (6)(3) The information contained in Part B of the handbook
   77  or other electronic media presentation shall be provided by the
   78  Family Law Section of The Florida Bar and may be reviewed and
   79  updated annually, and may include, but need not be limited to:
   80         (a) Prenuptial agreements; as a contract and as an
   81  opportunity to structure financial arrangements and other
   82  aspects of the marital relationship.
   83         (b) Shared parental responsibility for children and the
   84  determination of a parenting plan, including a time-sharing
   85  schedule.
   86         (c) Permanent relocation restrictions.
   87         (d) Child support for minor children; both parents are
   88  obligated for support in accordance with the applicable child
   89  support guidelines schedule.
   90         (e) Property rights, including equitable distribution,
   91  premarital property, and nonmarital property.
   92         (f) Alimony, including temporary, permanent rehabilitative,
   93  and lump sum.
   94         (g) Domestic violence and child abuse and neglect,
   95  including penalties and other ramifications of false reporting.
   96         (h) Court process for dissolution with or without legal
   97  assistance, including who may attend, the recording of
   98  proceedings, how to access those records, and the cost of such
   99  access.
  100         (i) Parent education course requirements for divorcing
  101  parents with children.
  102         (j) Community resources that are available for separating
  103  or divorcing persons and their children.
  104         (k) Women’s rights specified in the Battered Women’s Bill
  105  of Rights.
  106         (7)(4) The material contained in the such a handbook may
  107  also be provided through videotape or other suitable electronic
  108  media. The information contained in Part B of the handbook or
  109  other electronic media presentation shall be reviewed and
  110  updated annually.
  111         (8)(5) The Florida Marriage existing family law Handbook
  112  shall be reviewed and a report provided to the Legislature every
  113  10 years in by October 1, 2008, or as soon thereafter as
  114  practicable, with explanations about changes made to the
  115  handbook and recommendations for further updating the handbook.
  116         (9)The Legislative report on Part A shall be provided by
  117  the Marriage Education Committee and the report on Part B shall
  118  be provided by the Family Law Section of The Florida Bar.
  119         Section 2. This act shall take effect July 1, 2010.