Florida Senate - 2011                                     SB 348
       
       
       
       By Senator Sobel
       
       
       
       
       31-00522-11                                            2011348__
    1                        A bill to be entitled                      
    2         An act relating to domestic partnerships; amending ss.
    3         28.101 and 28.24, F.S.; setting forth fees and costs
    4         to be applied when petitioning for a dissolution of a
    5         domestic partnership or registering a domestic
    6         partnership, respectively; amending s. 97.1031, F.S.;
    7         providing notice to the supervisor of elections
    8         concerning a change of name due to participation in a
    9         domestic partnership; amending s. 382.002, F.S.;
   10         defining the term “dissolution of a domestic
   11         partnership” for purposes of vital records; including
   12         domestic partnerships and dissolution of domestic
   13         partnership as vital records in this state; conforming
   14         cross-references; amending s. 382.003, F.S.; requiring
   15         the Department of Health to examine all certificates
   16         of domestic partnership forms and dissolution of
   17         domestic partnership reports sent from the courts;
   18         amending s. 382.0085, F.S.; conforming a cross
   19         reference; amending s. 382.021, F.S.; requiring the
   20         clerk of the circuit court to transmit all original
   21         declarations of domestic partnership to the Department
   22         of Health by a specified date each month; amending s.
   23         382.022, F.S.; requiring the clerk of the circuit
   24         court to collect a fee after registering a domestic
   25         partnership; amending s. 382.023, F.S.; requiring the
   26         clerk of the circuit court to collect a fee upon
   27         filing a final judgment for a dissolution of domestic
   28         partnership; amending s. 382.025, F.S.; authorizing
   29         the Department of Health to issue a certified copy of
   30         certain vital records to a domestic partner; amending
   31         s. 382.0255, F.S.; providing that the Department of
   32         Health is entitled to a specified fee for the issuance
   33         of a commemorative certificate of domestic
   34         partnership; amending s. 446.50, F.S.; requiring that
   35         certain fees relating to declarations of domestic
   36         partnership and dissolution of domestic partnership
   37         filings be deposited in the Displaced Homemaker Trust
   38         Fund; amending s. 741.28, F.S.; redefining the term
   39         “family or household member” in the context of
   40         domestic violence to include a domestic partnership;
   41         creating s. 741.501, F.S.; providing legislative
   42         findings; creating s. 741.502, F.S.; defining terms;
   43         creating s. 741.503, F.S.; requiring the Department of
   44         Health to create and distribute the Declaration of
   45         Domestic Partnership and Certificate of Registered
   46         Domestic Partnership forms to each clerk of the
   47         circuit court; requiring the department and each clerk
   48         of the circuit court to make the Declaration of
   49         Domestic Partnership form available to the public;
   50         creating s. 741.504, F.S.; providing that the circuit
   51         court has jurisdiction over domestic partnership
   52         proceedings; requiring the clerk of the circuit court
   53         to maintain a domestic partnership registry; providing
   54         that the registry is a public record; creating s.
   55         741.505, F.S.; requiring two individuals who wish to
   56         become partners in a domestic partnership to complete
   57         and file a Declaration of Domestic Partnership form
   58         with the clerk of the circuit court; specifying the
   59         required contents of the completed form; providing
   60         that each partner who signs the form consents to the
   61         jurisdiction of the circuit court for certain
   62         purposes; providing that if a person files an
   63         intentionally and materially false form, he or she
   64         commits a misdemeanor of the first degree; providing
   65         criminal penalties; requiring the clerk of the circuit
   66         court to register the Declaration of Domestic
   67         Partnership in a domestic partnership registry and
   68         issue a Certificate of Registered Domestic
   69         Partnership; creating s. 741.506, F.S.; authorizing
   70         the domestic partners to retain surnames; creating s.
   71         741.507, F.S.; providing that any privilege or
   72         responsibility granted or imposed by statute,
   73         administrative or court rule, policy, common law, or
   74         any other law to an individual because the individual
   75         is or was related to another by marriage, or is a
   76         child of either of the spouses, is granted on
   77         equivalent terms to domestic partners or individuals
   78         similarly related to domestic partners; providing that
   79         the act does not require or permit the extension of
   80         any benefit under a retirement, deferred compensation,
   81         or other employee benefit plan, if the plan
   82         administrator reasonably concludes that the extension
   83         of benefits to partners would conflict with a
   84         condition for tax qualification of the plan, or a
   85         condition for other favorable tax treatment of the
   86         plan, under the Internal Revenue Code; creating s.
   87         741.508, F.S.; specifying prohibited or void domestic
   88         partnerships; creating s. 741.509, F.S.; requiring
   89         that the clerk of the circuit court collect certain
   90         fees for receiving a Declaration of Domestic
   91         Partnership; authorizing the clerk of the circuit
   92         court to accept installment payments from individuals
   93         who are unable to pay the fees in a lump sum; creating
   94         s. 741.510, F.S.; providing methods to prove the
   95         existence of a registered Declaration Domestic
   96         Partnership when the certificate document has been
   97         lost or is otherwise unavailable; creating s. 741.511,
   98         F.S.; providing for termination of a domestic
   99         partnership; providing for notice; providing for the
  100         effective date of the termination; providing for
  101         registration of the termination; requiring records of
  102         certain terminations to be maintained; providing for
  103         automatic termination of partnership if either party
  104         enters into a valid marriage; providing for a
  105         reasonable fee for termination; reenacting ss.
  106         921.0024(1)(b) and 943.171(2)(b), F.S., relating to
  107         the worksheet form for the Criminal Punishment Code
  108         and the basic skills training for domestic violence
  109         cases, respectively, to incorporate the amendments
  110         made to s. 741.28, F.S., in references thereto;
  111         providing an effective date.
  112  
  113  Be It Enacted by the Legislature of the State of Florida:
  114  
  115         Section 1. Section 28.101, Florida Statutes, is amended to
  116  read:
  117         28.101 Petitions and records of dissolution of marriage and
  118  domestic partnership; additional charges.—
  119         (1) When a party petitions for a dissolution of marriage or
  120  dissolution of domestic partnership, in addition to the filing
  121  charges in s. 28.241, the clerk shall collect and receive:
  122         (a) A charge of $5. On a monthly basis, the clerk shall
  123  transfer the moneys collected pursuant to this paragraph to the
  124  Department of Revenue for deposit in the Child Welfare Training
  125  Trust Fund created in s. 402.40.
  126         (b) A charge of $5. On a monthly basis, the clerk shall
  127  transfer the moneys collected pursuant to this paragraph to the
  128  Department of Revenue for deposit in the Displaced Homemaker
  129  Trust Fund created in s. 446.50. If a petitioner does not have
  130  sufficient funds with which to pay this fee and signs an
  131  affidavit so stating, all or a portion of the fee shall be
  132  waived subject to a subsequent order of the court relative to
  133  the payment of the fee.
  134         (c) A charge of $55. On a monthly basis, the clerk shall
  135  transfer the moneys collected pursuant to this paragraph to the
  136  Department of Revenue for deposit in the Domestic Violence Trust
  137  Fund. Such funds which are generated shall be directed to the
  138  Department of Children and Family Services for the specific
  139  purpose of funding domestic violence centers.
  140         (d) A charge of $32.50. On a monthly basis, the clerk shall
  141  transfer the moneys collected pursuant to this paragraph as
  142  follows:
  143         1. An amount of $7.50 to the Department of Revenue for
  144  deposit in the Displaced Homemaker Trust Fund.
  145         2. An amount of $25 to the Department of Revenue for
  146  deposit in the General Revenue Fund.
  147         (2) Upon receipt of a final judgment of dissolution of
  148  marriage or dissolution of domestic partnership for filing, and
  149  in addition to the filing charges in s. 28.241, the clerk may
  150  collect and receive a service charge of up to $10.50 pursuant to
  151  s. 382.023 for the recording and reporting the of such final
  152  judgment of dissolution of marriage to the Department of Health.
  153         Section 2. Subsection (23) of section 28.24, Florida
  154  Statutes, is amended to read:
  155         28.24 Service charges by clerk of the circuit court.—The
  156  clerk of the circuit court shall charge for services rendered by
  157  the clerk’s office in recording documents and instruments and in
  158  performing the duties enumerated in amounts not to exceed those
  159  specified in this section. Notwithstanding any other provision
  160  of this section, the clerk of the circuit court shall provide
  161  without charge to the state attorney, public defender, guardian
  162  ad litem, public guardian, attorney ad litem, criminal conflict
  163  and civil regional counsel, and private court-appointed counsel
  164  paid by the state, and to the authorized staff acting on behalf
  165  of each, access to and a copy of any public record, if the
  166  requesting party is entitled by law to view the exempt or
  167  confidential record, as maintained by and in the custody of the
  168  clerk of the circuit court as provided in general law and the
  169  Florida Rules of Judicial Administration. The clerk of the
  170  circuit court may provide the requested public record in an
  171  electronic format in lieu of a paper format when capable of
  172  being accessed by the requesting entity.
  173  
  174  Charges
  175  
  176         (23) Upon receipt of an application for a marriage license
  177  or a declaration of domestic partnership, for preparing and
  178  administering of oath; issuing, sealing, and recording of the
  179  marriage license or registering the domestic partnership; and
  180  providing a certified copy.................................30.00
  181         Section 3. Subsection (2) of section 97.1031, Florida
  182  Statutes, is amended to read:
  183         97.1031 Notice of change of residence, change of name, or
  184  change of party affiliation.—
  185         (2) When an elector moves from the address named on that
  186  person’s voter registration record to another address in a
  187  different county but within the state, the elector seeks to
  188  change party affiliation, or the name of an elector is changed
  189  by marriage, domestic partnership, or other legal process, the
  190  elector shall provide notice of such change to a voter
  191  registration official using a voter registration application
  192  signed by the elector. A voter information card reflecting the
  193  new information shall be issued to the elector as provided in
  194  subsection (3).
  195         Section 4. Present subsections (5) through (16) of section
  196  382.002, Florida Statutes, are renumbered as subsections (6)
  197  through (17), respectively, a new subsection (5) is added to
  198  that section, and present subsections (7), (8), and (15) of that
  199  section are amended, to read:
  200         382.002 Definitions.—As used in this chapter, the term:
  201         (5) “Dissolution of domestic partnership” includes an
  202  annulment of domestic partnership.
  203         (8)(7) “Final disposition” means the burial, interment,
  204  cremation, removal from the state, or other authorized
  205  disposition of a dead body or a fetus as described in subsection
  206  (7) (6). In the case of cremation, dispersion of ashes or
  207  cremation residue is considered to occur after final
  208  disposition; the cremation itself is considered final
  209  disposition.
  210         (9)(8) “Funeral director” means a licensed funeral director
  211  or direct disposer licensed pursuant to chapter 497 or other
  212  person who first assumes custody of or effects the final
  213  disposition of a dead body or a fetus as described in subsection
  214  (7) (6).
  215         (16)(15) “Vital records” or “records” means certificates or
  216  reports of birth, death, fetal death, marriage, domestic
  217  partnership, dissolution of marriage or domestic partnership,
  218  name change filed pursuant to s. 68.07, and data related
  219  thereto.
  220         Section 5. Subsection (7) of section 382.003, Florida
  221  Statutes, is amended to read:
  222         382.003 Powers and duties of the department.—The department
  223  shall:
  224         (7) Approve all forms used in registering, recording,
  225  certifying, and preserving vital records, or in otherwise
  226  carrying out the purposes of this chapter, and no other forms
  227  may not shall be used other than those approved by the
  228  department. The department is responsible for the careful
  229  examination of the certificates received monthly from the local
  230  registrars and marriage certificates, certificates of domestic
  231  partnership, and dissolution of marriage and domestic
  232  partnership reports received from the circuit and county courts.
  233  A certificate that is complete and satisfactory shall be
  234  accepted and given a state file number and considered a state
  235  filed record. If any such certificates are incomplete or
  236  unsatisfactory, the department shall require further information
  237  to be supplied as may be necessary to make the record complete
  238  and satisfactory. All physicians, midwives, informants, or
  239  funeral directors, and all other persons having knowledge of the
  240  facts, are required to supply, upon a form approved by the
  241  department or upon the original certificate, such information as
  242  they may possess regarding any vital record.
  243         Section 6. Subsection (9) of section 382.0085, Florida
  244  Statutes, is amended to read:
  245         382.0085 Stillbirth registration.—
  246         (9) This section or s. 382.002(15)(14) may not be used to
  247  establish, bring, or support a civil cause of action seeking
  248  damages against any person or entity for bodily injury, personal
  249  injury, or wrongful death for a stillbirth.
  250         Section 7. Section 382.021, Florida Statutes, is amended to
  251  read:
  252         382.021 Department to receive marriage licenses and
  253  declarations of domestic partnership.—On or before the 5th day
  254  of each month, the county court judge or clerk of the circuit
  255  court shall transmit to the department all original marriage
  256  licenses, with endorsements, and all declarations of domestic
  257  partnership received during the preceding calendar month, to the
  258  department. Any marriage licenses or declarations of domestic
  259  partnership issued and not returned, or any marriage licenses
  260  returned but not recorded, shall be reported by the issuing
  261  county court judge or clerk of the circuit court to the
  262  department at the time of transmitting the recorded licenses or
  263  declarations on the forms to be prescribed and furnished by the
  264  department. If during any month no marriage licenses or
  265  declarations of domestic partnership are issued or returned, the
  266  county court judge or clerk of the circuit court shall report
  267  such fact to the department upon forms prescribed and furnished
  268  by the department.
  269         Section 8. Section 382.022, Florida Statutes, is amended to
  270  read:
  271         382.022 Marriage application; registration of domestic
  272  partnership; fees.—Upon the receipt of each application for the
  273  issuance of a marriage license or registering a domestic
  274  partnership, the county court judge or clerk of the circuit
  275  court shall, pursuant to s. 741.02, collect and receive a fee of
  276  $4 which shall be remitted to the Department of Revenue for
  277  deposit to the Department of Health to defray part of the cost
  278  of maintaining marriage and domestic partnership records.
  279         Section 9. Section 382.023, Florida Statutes, is amended to
  280  read:
  281         382.023 Department to receive dissolution-of-marriage and
  282  dissolution-of-domestic-partnership records; fees.—Clerks of the
  283  circuit courts shall collect for their services At the time of
  284  the filing of a final judgment of dissolution of marriage or
  285  dissolution of domestic partnership, the clerk of the circuit
  286  court shall collect a fee of up to $10.50, of which 43 percent
  287  shall be retained by the clerk of the circuit court as a part of
  288  the cost in the cause in which the judgment is granted. The
  289  remaining 57 percent shall be remitted to the Department of
  290  Revenue for deposit to the Department of Health to defray part
  291  of the cost of maintaining the dissolution-of-marriage and
  292  dissolution-of-domestic-partnership records. A record of each
  293  and every judgment of dissolution of marriage and dissolution of
  294  domestic partnership granted by the court during the preceding
  295  calendar month, giving names of parties and such other data as
  296  required by forms prescribed by the department, shall be
  297  transmitted to the department, on or before the 10th day of each
  298  month, along with an accounting of the funds remitted to the
  299  Department of Revenue pursuant to this section.
  300         Section 10. Paragraph (a) of subsection (1) and paragraphs
  301  (a) and (c) of subsection (2) of section 382.025, Florida
  302  Statutes, are amended to read:
  303         382.025 Certified copies of vital records; confidentiality;
  304  research.—
  305         (1) BIRTH RECORDS.—Except for birth records over 100 years
  306  old which are not under seal pursuant to court order, all birth
  307  records of this state shall be confidential and are exempt from
  308  the provisions of s. 119.07(1).
  309         (a) Certified copies of the original birth certificate or a
  310  new or amended certificate, or affidavits thereof, are
  311  confidential and exempt from the provisions of s. 119.07(1) and,
  312  upon receipt of a request and payment of the fee prescribed in
  313  s. 382.0255, shall be issued only as authorized by the
  314  department and in the form prescribed by the department, and
  315  only:
  316         1. To the registrant, if of legal age;
  317         2. To the registrant’s parent or guardian or other legal
  318  representative;
  319         3. Upon receipt of the registrant’s death certificate, to
  320  the registrant’s spouse or domestic partner or to the
  321  registrant’s child, grandchild, or sibling, if of legal age, or
  322  to the legal representative of any of such persons;
  323         4. To any person if the birth record is over 100 years old
  324  and not under seal pursuant to court order;
  325         5. To a law enforcement agency for official purposes;
  326         6. To any agency of the state or the United States for
  327  official purposes upon approval of the department; or
  328         7. Upon order of any court of competent jurisdiction.
  329         (2) OTHER RECORDS.—
  330         (a) The department shall authorize the issuance of a
  331  certified copy of all or part of any marriage, domestic
  332  partnership, dissolution of marriage or domestic partnership, or
  333  death or fetal death certificate, excluding that portion which
  334  is confidential and exempt from the provisions of s. 119.07(1)
  335  as provided under s. 382.008, to any person requesting it upon
  336  receipt of a request and payment of the fee prescribed by this
  337  section. A certification of the death or fetal death certificate
  338  which includes the confidential portions shall be issued only:
  339         1. To the registrant’s spouse, domestic partner, or parent,
  340  or to the registrant’s child, grandchild, or sibling, if of
  341  legal age, or to any person who provides a will that has been
  342  executed pursuant to s. 732.502, insurance policy, or other
  343  document that demonstrates his or her interest in the estate of
  344  the registrant, or to any person who provides documentation that
  345  he or she is acting on behalf of any of them;
  346         2. To any agency of the state or local government or the
  347  United States for official purposes upon approval of the
  348  department; or
  349         3. Upon order of any court of competent jurisdiction.
  350         (c) The department shall issue, upon request and upon
  351  payment of an additional fee prescribed by this section, a
  352  commemorative marriage license or certificate of domestic
  353  partnership representing that the marriage or domestic
  354  partnership of the persons named thereon is recorded in the
  355  office of the registrar. The certificate issued under this
  356  paragraph must shall be in a form consistent with the need to
  357  protect the integrity of vital records but must shall be
  358  suitable for display. It may bear the seal of the state printed
  359  thereon and may be signed by the Governor.
  360         Section 11. Paragraph (i) of subsection (1) of section
  361  382.0255, Florida Statutes, is amended to read:
  362         382.0255 Fees.—
  363         (1) The department is entitled to fees, as follows:
  364         (i) Twenty-five dollars for a commemorative certificate of
  365  birth, or marriage, or domestic partnership. Fees collected
  366  pursuant to this paragraph in excess of expenses shall be used
  367  available for use by the Regional Perinatal Intensive Care
  368  Centers (RPICC) Program to prevent child abuse and neglect.
  369  Funds derived from the issuance of commemorative marriage
  370  certificates shall be used available for use by the Improved
  371  Pregnancy Outcome Program.
  372         Section 12. Paragraph (b) of subsection (5) of section
  373  446.50, Florida Statutes, is amended to read:
  374         446.50 Displaced homemakers; multiservice programs; report
  375  to the Legislature; Displaced Homemaker Trust Fund created.—
  376         (5) DISPLACED HOMEMAKER TRUST FUND.—
  377         (b) The trust fund shall receive funds generated from an
  378  additional fee on marriage license applications, declarations of
  379  domestic partnerships, and dissolution of marriage and domestic
  380  partnership filings as specified in ss. 741.01(3), 741.509, and
  381  28.101, respectively, and may receive funds from any other
  382  public or private source.
  383         Section 13. Subsection (3) of section 741.28, Florida
  384  Statutes, is amended to read:
  385         741.28 Domestic violence; definitions.—As used in ss.
  386  741.28-741.31:
  387         (3) “Family or household member” means spouses;, former
  388  spouses;, persons related by blood, or marriage, or domestic
  389  partnership; persons who are presently residing together as if a
  390  family or who have resided together in the past as if a family;,
  391  and persons who are parents of a child in common regardless of
  392  whether they have been married. With the exception of persons
  393  who have a child in common, the family or household members must
  394  be currently residing or have in the past resided together in
  395  the same single dwelling unit.
  396         Section 14. Section 741.501, Florida Statutes, is created
  397  to read:
  398         741.501 Legislative findings.—The Legislature finds that:
  399         (1) There are a significant number of individuals in this
  400  state who live together in important, personal, emotional, and
  401  economically committed relationships. Together, these
  402  individuals live, serve, and participate in the community, and
  403  often rear children and care for family members.
  404         (2) These familial relationships, often referred to as
  405  domestic partnerships, assist the state by providing a private
  406  network of support for the financial, physical, and emotional
  407  health of their participants.
  408         (3) The state has a strong interest in promoting stable and
  409  lasting families, and believes that all families should be
  410  provided with the opportunity to obtain necessary legal
  411  protections and status and the ability to achieve their fullest
  412  potential.
  413         (4) While some public and private institutions recognize
  414  domestic partnerships for limited purposes such as health
  415  benefits, hospital visitation, and medical decisionmaking for an
  416  incapacitated family member, many do not. Historically, legal
  417  recognition of marriage by the state is the primary and, in a
  418  number of instances, the exclusive source of numerous rights,
  419  benefits, and responsibilities available to families under the
  420  laws of this state.
  421         (5) The status of marriage in this state is limited by Art.
  422  I of the State Constitution to the union of one man and one
  423  woman and the Legislature does not seek to alter the definition
  424  of marriage in any way. The Legislature also finds, however,
  425  that recognition of domestic partnerships can provide an
  426  alternative mechanism for extending certain important rights and
  427  responsibilities to individuals who choose to form long-term,
  428  mutually supportive relationships. Such recognition will provide
  429  support to these familial relationships without affecting the
  430  definition of marriage, without creating or recognizing a legal
  431  relationship that is the substantial equivalent of marriage, and
  432  without affecting restrictions contained in federal law.
  433         (6) The decision to offer or seek a ceremony or blessing
  434  over the domestic partnership should be left to the dictates of
  435  each religious faith and to the preferences of the persons
  436  entering into the partnership. Sections 741.501-741.511 do not
  437  require performance of any solemnization ceremony to enter into
  438  a binding domestic partnership agreement and do not interfere
  439  with the right of each religious faith to choose freely to whom
  440  to grant the religious status, sacrament, or blessing of
  441  marriage under the rules and practices of that faith.
  442         (7) Because of the material and other support that these
  443  familial relationships provide to their participants, these
  444  relationships should be formally recognized and made uniform by
  445  law. Therefore, the Legislature declares that it is the policy
  446  of this state to establish and define the rights and
  447  responsibilities of domestic partners.
  448         Section 15. Section 741.502, Florida Statutes, is created
  449  to read:
  450         741.502 Definitions.—As used in ss. 741.501-741.511, the
  451  term:
  452         (1) “Department” means the Department of Health.
  453         (2) “Domestic partnership” means a civil contract entered
  454  into between two individuals who are 18 years of age or older
  455  and otherwise capable, of which at least one of whom is a
  456  resident of this state.
  457         (3) “Partner” means an individual joined in a domestic
  458  partnership.
  459         Section 16. Section 741.503, Florida Statutes, is created
  460  to read:
  461         741.503 Forms.—
  462         (1) Pursuant to s. 382.003(7), the department shall prepare
  463  forms entitled:
  464         (a) “Declaration of Domestic Partnership” which meets the
  465  requirements of s. 741.505.
  466         (b) “Certificate of Registered Domestic Partnership.”
  467         (2) The department shall distribute the Declaration of
  468  Domestic Partnership and Certificate of Registered Domestic
  469  Partnership forms to each clerk of the circuit court. The
  470  department and each clerk shall make the Declaration of Domestic
  471  Partnership form available to the public.
  472         Section 17. Section 741.504, Florida Statutes, is created
  473  to read:
  474         741.504 Court jurisdiction and duties; registry.—
  475         (1) The circuit court has jurisdiction over any proceeding
  476  relating to the domestic partners’ rights and obligations.
  477         (2) Each clerk of the circuit court shall maintain a
  478  registry of all domestic partnerships entered into in that
  479  circuit and a record of all certificates of domestic partnership
  480  issued which includes the names of the partners and the date of
  481  issuance.
  482         (3) Notwithstanding s. 382.025 or any other law, the
  483  registry of domestic partnerships maintained by a clerk of the
  484  circuit court is a public record and subject to full disclosure.
  485         Section 18. Section 741.505, Florida Statutes, is created
  486  to read:
  487         741.505 Domestic partnership requirements.—
  488         (1) Two individuals wishing to become partners in a
  489  domestic partnership recognized by this state must complete and
  490  file a Declaration of Domestic Partnership form with a clerk of
  491  the circuit court. The declaration must include:
  492         (a) A statement attesting that each individual is 18 years
  493  of age or older and is otherwise capable of entering into a
  494  domestic partnership. The clerk may accept any reasonable proof
  495  of an individual’s age which is satisfactory to the clerk. The
  496  clerk may also require proof of age by affidavit of some
  497  individual other than the parties seeking to file the form if
  498  the clerk deems it necessary.
  499         (b) A statement attesting that at least one of the
  500  individuals is a resident of this state.
  501         (c) Each individual’s mailing address.
  502         (d) A statement attesting that each individual consents to
  503  the jurisdiction of the circuit courts of this state for any
  504  proceeding relating to the partners’ rights and obligations,
  505  even if one or both partners cease to reside or maintain a
  506  domicile in this state.
  507         (e) The notarized signature of each individual, along with
  508  a declaration that the representations made on the form are
  509  true, correct, and contain no material omissions of fact to the
  510  best knowledge and belief of each individual.
  511         (2) Notwithstanding s. 61.021, each person signing a
  512  Declaration of Domestic Partnership form consents to the
  513  jurisdiction of the circuit courts of this state for any
  514  proceeding related to the partners’ rights and obligations, even
  515  if one or both partners cease to reside or maintain a domicile
  516  in this state.
  517         (3) A person who provides intentionally and materially
  518  false information on a Declaration of Domestic Partnership form
  519  with the clerk of court commits a misdemeanor of the first
  520  degree, punishable as provided in s. 775.082 or s. 775.083.
  521         (4) If all legal requirements have been satisfied and there
  522  appears to be no impediment to the domestic partnership, the
  523  clerk of the circuit court shall:
  524         (a) Return a copy of the registered form to the partners;
  525         (b) Register the Declaration of Domestic Partnership in a
  526  domestic partnership registry; and
  527         (c) Issue a Certificate of Registered Domestic Partnership
  528  under his or her hand and seal to the partners in person or at
  529  the mailing address provided by the partners.
  530         Section 19. Section 741.506, Florida Statutes, is created
  531  to read:
  532         741.506 Domestic partnership; name change.—Upon entering
  533  into a domestic partnership, a partner may retain his or her
  534  previous surname, or, if changed, may resume the previous legal
  535  name during the domestic partnership.
  536         Section 20. Section 741.507, Florida Statutes, is created
  537  to read:
  538         741.507 Domestic partnership; rights and responsibilities;
  539  relationship to federal law.—
  540         (1) Any privilege, immunity, right, or benefit granted by
  541  statute, administrative or court rule, policy, common law, or
  542  any other law to an individual because the individual is or was
  543  related to another individual by marriage as an in-law is
  544  granted on equivalent terms, substantive and procedural, to an
  545  individual who is or was in a domestic partnership or who is or
  546  was similarly related as an in-law to an individual
  547  participating in a domestic partnership.
  548         (2) Any responsibility imposed by statute, administrative
  549  or court rule, policy, common law, or any other law on an
  550  individual because the individual is or was related to another
  551  individual by marriage as an in-law is imposed on equivalent
  552  terms, substantive and procedural, on an individual who is or
  553  was in a domestic partnership or who is or was similarly related
  554  as an in-law to an individual participating in a domestic
  555  partnership.
  556         (3) Any privilege, immunity, right, benefit, or
  557  responsibility granted to or imposed by statute, administrative
  558  or court rule, policy, common law, or any other law on a spouse
  559  with respect to a child of either of the spouses is granted to
  560  or imposed on equivalent terms, substantive and procedural, on
  561  an individual in a domestic partnership with respect to a child
  562  of either of the partners.
  563         (4) Any privilege, immunity, right, benefit, or
  564  responsibility granted or imposed by statute, administrative or
  565  court rule, policy, common law, or any other law to or on a
  566  former or surviving spouse with respect to a child of either of
  567  the spouses is granted to or imposed on equivalent terms,
  568  substantive and procedural, on a former or surviving partner
  569  with respect to a child of either of the partners.
  570         (5) For purposes of administering the tax laws of this
  571  state, partners in a domestic partnership, surviving partners of
  572  a domestic partnership, and the children of partners in a
  573  domestic partnership have the same privileges, immunities,
  574  rights, benefits, and responsibilities as are granted to or
  575  imposed on spouses in a marriage, surviving spouses, and their
  576  children.
  577         (6) Many of the laws of this state are intertwined with
  578  federal law, and the Legislature recognizes that it does not
  579  have the jurisdiction to control or implement federal laws or
  580  the privileges, immunities, rights, benefits, and
  581  responsibilities related to federal laws.
  582         (7) Sections 741.502-741.511 do not require or permit the
  583  extension of any benefit under any retirement, deferred
  584  compensation, or other employee benefit plan, if the plan
  585  administrator reasonably concludes that the extension of
  586  benefits would conflict with a condition for the tax
  587  qualification of the plan, or a condition for other favorable
  588  tax treatment of the plan, under the Internal Revenue Code or
  589  adopted regulations.
  590         (8) Sections 741.502-741.511 do not require the extension
  591  of any benefit under any employee benefit plan that is subject
  592  to federal regulation under the Employee Retirement Income
  593  Security Act of 1974.
  594         Section 21. Section 741.508, Florida Statutes, is created
  595  to read:
  596         741.508 Domestic partnerships prohibited and void.—
  597         (1) The following domestic partnerships are prohibited and
  598  void:
  599         (a) If either party to the domestic partnership currently
  600  has a different partner, or a wife or husband recognized by this
  601  state, living at the time of entering into the domestic
  602  partnership.
  603         (b) If the parties to the domestic partnership are related
  604  by lineal consanguinity or are siblings, or if one party is the
  605  niece or nephew of the other party.
  606         (c) If either party to a domestic partnership is incapable
  607  of making the civil contract or consenting to the contract for
  608  want of legal age or sufficient understanding.
  609         (2) If the consent of either party is obtained by force or
  610  fraud, the domestic partnership is void from the time it is so
  611  declared by a judgment of a court having jurisdiction of the
  612  domestic partnership.
  613         (3) An individual who has filed a Declaration of Domestic
  614  Partnership form may not file a new Declaration of Domestic
  615  Partnership form or enter a marriage recognized in this state
  616  with someone other than the individual’s registered partner
  617  unless a judgment of dissolution or annulment of the most recent
  618  domestic partnership has been entered. This prohibition does not
  619  apply if the previous domestic partnership ended because one of
  620  the partners died.
  621         Section 22. Section 741.509, Florida Statutes, is created
  622  to read:
  623         741.509 Fees.—
  624         (1) The clerk of the circuit court shall collect and
  625  receive a fee of $2 for receiving a Declaration of Domestic
  626  Partnership form completed in accordance with s. 741.505. In
  627  addition:
  628         (a) A fee of $25 shall be collected and deposited in the
  629  Domestic Violence Trust Fund for the purposes provided in s.
  630  741.01(2).
  631         (b) A fee of $7.50 shall be collected for deposit in the
  632  Displaced Homemaker Trust Fund created in s. 446.50.
  633         (c) A fee of $25 shall be collected and remitted to the
  634  Department of Revenue for deposit, monthly, into the General
  635  Revenue Fund.
  636         (d) A fee of $4 shall be collected and distributed as
  637  provided in s. 382.022.
  638         (2) An applicant for a Certificate of Registered Domestic
  639  Partnership who is unable to pay the fees required under
  640  subsection (1) in a lump sum may make payment in not more than
  641  three installments over a period of 90 days. The clerk shall
  642  accept installment payments upon receipt of an affidavit that
  643  the applicant is unable to pay the fees in a lump-sum payment.
  644  Upon receipt of the third or final installment payment, the
  645  Declaration of Domestic Partnership shall be deemed filed, and
  646  the clerk shall issue the Certificate of Registered Domestic
  647  Partnership and distribute the fees as appropriate. If the fee
  648  is paid in installments, the clerk shall retain $1 from the
  649  additional fee imposed pursuant to paragraph (1)(c) as a
  650  processing fee.
  651         Section 23. Section 741.510, Florida Statutes, is created
  652  to read:
  653         741.510 Proof domestic partnership where certificate is not
  654  available.—If a Declaration of Domestic Partnership has been
  655  received in accordance with s. 741.505 and the clerk has not
  656  registered such declaration as required by that section, if a
  657  Certificate of Registered Domestic Partnership has been lost, or
  658  if by reason of death or other cause the certificate cannot be
  659  obtained, the domestic partnership may be proved by affidavit
  660  before any officer authorized to administer oaths made by two
  661  competent witnesses who were present and saw the Declaration of
  662  Domestic Partnership executed under s. 741.505, which affidavit
  663  may be filed and recorded in the office of clerk of the circuit
  664  in which the Declaration of Domestic Partnership was registered,
  665  with the same force and effect as if the proper certificate has
  666  been made, returned, and recorded.
  667         Section 24. Section 741.511, Florida Statutes, is created
  668  to read:
  669         741.511 Termination of partnership.—
  670         (1)(a) A party to a state-registered domestic partnership
  671  may terminate the relationship by filing a notice of termination
  672  of the state-registered domestic partnership with the department
  673  and paying the filing fee established under subsection (5). The
  674  notice must be signed by one or both parties and notarized. If
  675  the notice is not signed by both parties, the party seeking
  676  termination must also file with the department an affidavit
  677  stating either that the other party has been served in writing
  678  in the manner prescribed for the service of summons in a civil
  679  action, that a notice of termination is being filed, or that the
  680  party seeking termination has not been able to find the other
  681  party after reasonable effort and that notice has been made by
  682  publication pursuant to paragraph (b).
  683         (b) When the other party cannot be found after reasonable
  684  effort, the party seeking termination may provide notice by
  685  publication as provided in chapter 50 in the county in which the
  686  residence most recently shared by the domestic partners is
  687  located. Notice must be published at least once.
  688         (2) The state registered domestic partnership shall be
  689  terminated effective 90 days after the date of filing the notice
  690  of termination and payment of the filing fee.
  691         (3) Upon receipt of a signed, notarized notice of
  692  termination, affidavit, if required, and the filing fee, the
  693  department shall register the notice of termination and provide
  694  a certificate of termination of the state-registered domestic
  695  partnership to each party named on the notice. The department
  696  shall maintain a record of each notice of termination filed with
  697  it and each certificate of termination issued by it. The
  698  department shall maintain records of terminations of state
  699  registered domestic partnerships, except for those state
  700  registered domestic partnerships terminated under subsection
  701  (4).
  702         (4) A state-registered domestic partnership is
  703  automatically terminated if, subsequent to the registration of
  704  the domestic partnership with the department, either party or
  705  both parties enter into a marriage that is recognized as valid
  706  in this state, either with each other or with another person.
  707         (5) The department shall collect a reasonable fee for
  708  filing the declaration set by rule calculated to cover the
  709  department’s costs, but not to exceed $50. Fees collected under
  710  this section shall be deposited in the department’s
  711  Administrative Trust Fund.
  712         Section 25. For the purpose of incorporating the amendment
  713  made by this act to section 741.28, Florida Statutes, in a
  714  reference thereto, paragraph (b) of subsection (1) of section
  715  921.0024, Florida Statutes, is reenacted to read:
  716         921.0024 Criminal Punishment Code; worksheet computations;
  717  scoresheets.—
  718         (1)
  719                         (b) WORKSHEET KEY:                        
  720  
  721  Legal status points are assessed when any form of legal status
  722  existed at the time the offender committed an offense before the
  723  court for sentencing. Four (4) sentence points are assessed for
  724  an offender’s legal status.
  725  
  726  Community sanction violation points are assessed when a
  727  community sanction violation is before the court for sentencing.
  728  Six (6) sentence points are assessed for each community sanction
  729  violation and each successive community sanction violation,
  730  unless any of the following apply:
  731         1. If the community sanction violation includes a new
  732  felony conviction before the sentencing court, twelve (12)
  733  community sanction violation points are assessed for the
  734  violation, and for each successive community sanction violation
  735  involving a new felony conviction.
  736         2. If the community sanction violation is committed by a
  737  violent felony offender of special concern as defined in s.
  738  948.06:
  739         a. Twelve (12) community sanction violation points are
  740  assessed for the violation and for each successive violation of
  741  felony probation or community control where:
  742         (I) The violation does not include a new felony conviction;
  743  and
  744         (II) The community sanction violation is not based solely
  745  on the probationer or offender’s failure to pay costs or fines
  746  or make restitution payments.
  747         b. Twenty-four (24) community sanction violation points are
  748  assessed for the violation and for each successive violation of
  749  felony probation or community control where the violation
  750  includes a new felony conviction.
  751  
  752  Multiple counts of community sanction violations before the
  753  sentencing court shall not be a basis for multiplying the
  754  assessment of community sanction violation points.
  755  
  756  Prior serious felony points: If the offender has a primary
  757  offense or any additional offense ranked in level 8, level 9, or
  758  level 10, and one or more prior serious felonies, a single
  759  assessment of thirty (30) points shall be added. For purposes of
  760  this section, a prior serious felony is an offense in the
  761  offender’s prior record that is ranked in level 8, level 9, or
  762  level 10 under s. 921.0022 or s. 921.0023 and for which the
  763  offender is serving a sentence of confinement, supervision, or
  764  other sanction or for which the offender’s date of release from
  765  confinement, supervision, or other sanction, whichever is later,
  766  is within 3 years before the date the primary offense or any
  767  additional offense was committed.
  768  
  769  Prior capital felony points: If the offender has one or more
  770  prior capital felonies in the offender’s criminal record, points
  771  shall be added to the subtotal sentence points of the offender
  772  equal to twice the number of points the offender receives for
  773  the primary offense and any additional offense. A prior capital
  774  felony in the offender’s criminal record is a previous capital
  775  felony offense for which the offender has entered a plea of nolo
  776  contendere or guilty or has been found guilty; or a felony in
  777  another jurisdiction which is a capital felony in that
  778  jurisdiction, or would be a capital felony if the offense were
  779  committed in this state.
  780  
  781  Possession of a firearm, semiautomatic firearm, or machine gun:
  782  If the offender is convicted of committing or attempting to
  783  commit any felony other than those enumerated in s. 775.087(2)
  784  while having in his or her possession: a firearm as defined in
  785  s. 790.001(6), an additional eighteen (18) sentence points are
  786  assessed; or if the offender is convicted of committing or
  787  attempting to commit any felony other than those enumerated in
  788  s. 775.087(3) while having in his or her possession a
  789  semiautomatic firearm as defined in s. 775.087(3) or a machine
  790  gun as defined in s. 790.001(9), an additional twenty-five (25)
  791  sentence points are assessed.
  792  
  793  Sentencing multipliers:
  794  
  795  Drug trafficking: If the primary offense is drug trafficking
  796  under s. 893.135, the subtotal sentence points are multiplied,
  797  at the discretion of the court, for a level 7 or level 8
  798  offense, by 1.5. The state attorney may move the sentencing
  799  court to reduce or suspend the sentence of a person convicted of
  800  a level 7 or level 8 offense, if the offender provides
  801  substantial assistance as described in s. 893.135(4).
  802  
  803  Law enforcement protection: If the primary offense is a
  804  violation of the Law Enforcement Protection Act under s.
  805  775.0823(2), (3), or (4), the subtotal sentence points are
  806  multiplied by 2.5. If the primary offense is a violation of s.
  807  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  808  are multiplied by 2.0. If the primary offense is a violation of
  809  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
  810  Protection Act under s. 775.0823(10) or (11), the subtotal
  811  sentence points are multiplied by 1.5.
  812  
  813  Grand theft of a motor vehicle: If the primary offense is grand
  814  theft of the third degree involving a motor vehicle and in the
  815  offender’s prior record, there are three or more grand thefts of
  816  the third degree involving a motor vehicle, the subtotal
  817  sentence points are multiplied by 1.5.
  818  
  819  Offense related to a criminal gang: If the offender is convicted
  820  of the primary offense and committed that offense for the
  821  purpose of benefiting, promoting, or furthering the interests of
  822  a criminal gang as prohibited under s. 874.04, the subtotal
  823  sentence points are multiplied by 1.5.
  824  
  825  Domestic violence in the presence of a child: If the offender is
  826  convicted of the primary offense and the primary offense is a
  827  crime of domestic violence, as defined in s. 741.28, which was
  828  committed in the presence of a child under 16 years of age who
  829  is a family or household member as defined in s. 741.28(3) with
  830  the victim or perpetrator, the subtotal sentence points are
  831  multiplied by 1.5.
  832         Section 26. For the purpose of incorporating the amendment
  833  made by this act to section 741.28, Florida Statutes, in a
  834  reference thereto, paragraph (b) of subsection (2) of section
  835  943.171, Florida Statutes, is reenacted to read:
  836         943.171 Basic skills training in handling domestic violence
  837  cases.—
  838         (2) As used in this section, the term:
  839         (b) “Household member” has the meaning set forth in s.
  840  741.28(3).
  841         Section 27. This act shall take effect July 1, 2011.