Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 196
       
       
       
       
       
       
                                Barcode 385506                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  04/02/2013           .                                
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       The Committee on Children, Families, and Elder Affairs (Sobel)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (23) of section 28.24, Florida
    6  Statutes, is amended to read:
    7         28.24 Service charges by clerk of the circuit court.—The
    8  clerk of the circuit court shall charge for services rendered by
    9  the clerk’s office in recording documents and instruments and in
   10  performing the duties enumerated in amounts not to exceed those
   11  specified in this section. Notwithstanding any other provision
   12  of this section, the clerk of the circuit court shall provide
   13  without charge to the state attorney, public defender, guardian
   14  ad litem, public guardian, attorney ad litem, criminal conflict
   15  and civil regional counsel, and private court-appointed counsel
   16  paid by the state, and to the authorized staff acting on behalf
   17  of each, access to and a copy of any public record, if the
   18  requesting party is entitled by law to view the exempt or
   19  confidential record, as maintained by and in the custody of the
   20  clerk of the circuit court as provided in general law and the
   21  Florida Rules of Judicial Administration. The clerk of the
   22  circuit court may provide the requested public record in an
   23  electronic format in lieu of a paper format when capable of
   24  being accessed by the requesting entity.
   25  
   26  Charges
   27  
   28         (23) Upon receipt of an application for a marriage license
   29  or a declaration of domestic partnership, for preparing and
   30  administering of oath; issuing, sealing, and recording of the
   31  marriage license or registering the domestic partnership; and
   32  providing a certified copy.................................30.00
   33         Section 2. Subsection (2) of section 97.1031, Florida
   34  Statutes, is amended to read:
   35         97.1031 Notice of change of residence, change of name, or
   36  change of party affiliation.—
   37         (2) When an elector seeks to change party affiliation, the
   38  elector shall notify his or her supervisor of elections or other
   39  voter registration official by using a signed written notice
   40  that contains the elector’s date of birth or voter registration
   41  number. When an elector changes his or her name by marriage,
   42  domestic partnership, or other legal process, the elector shall
   43  notify his or her supervisor of elections or other voter
   44  registration official by using a signed written notice that
   45  contains the elector’s date of birth or voter’s registration
   46  number.
   47         Section 3. Subsection (16) of section 382.002, Florida
   48  Statutes, is amended to read:
   49         382.002 Definitions.—As used in this chapter, the term:
   50         (16) “Vital records” or “records” means certificates or
   51  reports of birth, death, fetal death, marriage, domestic
   52  partnership, dissolution of marriage, or notice of termination
   53  of domestic partnership, name change filed pursuant to s. 68.07,
   54  and data related thereto.
   55         Section 4. Subsection (7) of section 382.003, Florida
   56  Statutes, is amended to read:
   57         382.003 Powers and duties of the department.—The department
   58  shall:
   59         (7) Approve all forms used in registering, recording,
   60  certifying, and preserving vital records, or in otherwise
   61  carrying out the purposes of this chapter, and no other forms
   62  may not shall be used other than those approved by the
   63  department. The department is responsible for the careful
   64  examination of the certificates received monthly from the local
   65  registrars and marriage certificates, certificates of domestic
   66  partnership, and dissolution of marriage, and notice of
   67  termination of domestic partnership reports received from the
   68  circuit and county courts. A certificate that is complete and
   69  satisfactory shall be accepted and given a state file number and
   70  considered a state-filed record. If any such certificates are
   71  incomplete or unsatisfactory, the department shall require
   72  further information to be supplied as may be necessary to make
   73  the record complete and satisfactory. All physicians, midwives,
   74  informants, or funeral directors, and all other persons having
   75  knowledge of the facts, are required to supply, upon a form
   76  approved by the department or upon the original certificate,
   77  such information as they may possess regarding any vital record.
   78         Section 5. Section 382.021, Florida Statutes, is amended to
   79  read:
   80         382.021 Department to receive marriage licenses and
   81  declarations of domestic partnership.—On or before the 5th day
   82  of each month, the county court judge or clerk of the circuit
   83  court shall transmit to the department all original marriage
   84  licenses, with endorsements, and all declarations of domestic
   85  partnership received during the preceding calendar month, to the
   86  department. Any marriage licenses or declarations of domestic
   87  partnership issued and not returned, or any marriage licenses
   88  returned but not recorded, shall be reported by the issuing
   89  county court judge or clerk of the circuit court to the
   90  department at the time of transmitting the recorded licenses or
   91  declarations on the forms to be prescribed and furnished by the
   92  department. If during any month no marriage licenses or
   93  declarations of domestic partnership are issued or returned, the
   94  county court judge or clerk of the circuit court shall report
   95  such fact to the department upon forms prescribed and furnished
   96  by the department.
   97         Section 6. Section 382.022, Florida Statutes, is amended to
   98  read:
   99         382.022 Marriage application; registration of domestic
  100  partnership; fees.—Upon the receipt of each application for the
  101  issuance of a marriage license or registering a domestic
  102  partnership, the county court judge or clerk of the circuit
  103  court shall, pursuant to s. 741.02, or s. 741.509(1)(d), collect
  104  and receive a fee of $4 which shall be remitted to the
  105  Department of Revenue for deposit to the Department of Health to
  106  defray part of the cost of maintaining marriage and domestic
  107  partnership records.
  108         Section 7. Section 382.023, Florida Statutes, is amended to
  109  read:
  110         382.023 Department to receive dissolution-of-marriage and
  111  notice of termination-of-domestic partnership records; fees.
  112  Clerks of the circuit courts shall collect for their services At
  113  the time of the filing of a final judgment of dissolution of
  114  marriage or notice of termination of domestic partnership, the
  115  clerk of the circuit court shall collect a fee of up to $10.50,
  116  of which 43 percent shall be retained by the clerk of the
  117  circuit court as a part of the cost in the cause in which the
  118  judgment is granted or the cost of maintaining the domestic
  119  partnership registry required by s. 741.504(2). The remaining 57
  120  percent shall be remitted to the Department of Revenue for
  121  deposit to the Department of Health to defray part of the cost
  122  of maintaining the dissolution-of-marriage and termination-of
  123  domestic-partnership records. A record of each and every
  124  judgment of dissolution of marriage granted by the court during
  125  the preceding calendar month and a record of each and every
  126  notice of termination-of-domestic-partnership filed with the
  127  clerk of the circuit court, giving names of parties and such
  128  other data as required by forms prescribed by the department,
  129  shall be transmitted to the department, on or before the 10th
  130  day of each month, along with an accounting of the funds
  131  remitted to the Department of Revenue pursuant to this section.
  132         Section 8. Paragraph (a) of subsection (1) and paragraphs
  133  (a) and (c) of subsection (2) of section 382.025, Florida
  134  Statutes, are amended to read:
  135         382.025 Certified copies of vital records; confidentiality;
  136  research.—
  137         (1) BIRTH RECORDS.—Except for birth records over 100 years
  138  old which are not under seal pursuant to court order, all birth
  139  records of this state shall be confidential and are exempt from
  140  the provisions of s. 119.07(1).
  141         (a) Certified copies of the original birth certificate or a
  142  new or amended certificate, or affidavits thereof, are
  143  confidential and exempt from the provisions of s. 119.07(1) and,
  144  upon receipt of a request and payment of the fee prescribed in
  145  s. 382.0255, shall be issued only as authorized by the
  146  department and in the form prescribed by the department, and
  147  only:
  148         1. To the registrant, if the registrant is of legal age, is
  149  a certified homeless youth, or is a minor who has had the
  150  disabilities of nonage removed under s. 743.01 or s. 743.015;
  151         2. To the registrant’s parent or guardian or other legal
  152  representative;
  153         3. Upon receipt of the registrant’s death certificate, to
  154  the registrant’s spouse or domestic partner or to the
  155  registrant’s child, grandchild, or sibling, if of legal age, or
  156  to the legal representative of any of such persons;
  157         4. To any person if the birth record is over 100 years old
  158  and not under seal pursuant to court order;
  159         5. To a law enforcement agency for official purposes;
  160         6. To any agency of the state or the United States for
  161  official purposes upon approval of the department; or
  162         7. Upon order of any court of competent jurisdiction.
  163         (2) OTHER RECORDS.—
  164         (a) The department shall authorize the issuance of a
  165  certified copy of all or part of any marriage, domestic
  166  partnership, dissolution of marriage, notice of termination of
  167  domestic partnership, or death or fetal death certificate,
  168  excluding that portion which is confidential and exempt from the
  169  provisions of s. 119.07(1) as provided under s. 382.008, to any
  170  person requesting it upon receipt of a request and payment of
  171  the fee prescribed by this section. A certification of the death
  172  or fetal death certificate which includes the confidential
  173  portions shall be issued only:
  174         1. To the registrant’s spouse, domestic partner, or parent,
  175  or to the registrant’s child, grandchild, or sibling, if of
  176  legal age, or to any person who provides a will that has been
  177  executed pursuant to s. 732.502, insurance policy, or other
  178  document that demonstrates his or her interest in the estate of
  179  the registrant, or to any person who provides documentation that
  180  he or she is acting on behalf of any of them;
  181         2. To any agency of the state or local government or the
  182  United States for official purposes upon approval of the
  183  department; or
  184         3. Upon order of any court of competent jurisdiction.
  185         (c) The department shall issue, upon request and upon
  186  payment of an additional fee prescribed by this section, a
  187  commemorative marriage license or certificate of domestic
  188  partnership representing that the marriage or domestic
  189  partnership of the persons named thereon is recorded in the
  190  office of the registrar. The certificate issued under this
  191  paragraph must shall be in a form consistent with the need to
  192  protect the integrity of vital records but must shall be
  193  suitable for display. It may bear the seal of the state printed
  194  thereon and may be signed by the Governor.
  195         Section 9. Paragraph (i) of subsection (1) of section
  196  382.0255, Florida Statutes, is amended to read:
  197         382.0255 Fees.—
  198         (1) The department is entitled to fees, as follows:
  199         (i) Twenty-five dollars for a commemorative certificate of
  200  birth, or marriage, or domestic partnership. Fees collected
  201  pursuant to this paragraph in excess of expenses shall be used
  202  available for use by the Regional Perinatal Intensive Care
  203  Centers (RPICC) Program to prevent child abuse and neglect.
  204  Funds derived from the issuance of commemorative marriage
  205  certificates shall be used available for use by the Improved
  206  Pregnancy Outcome Program.
  207         Section 10. Paragraph (b) of subsection (5) of section
  208  446.50, Florida Statutes, is amended to read:
  209         446.50 Displaced homemakers; multiservice programs; report
  210  to the Legislature; Displaced Homemaker Trust Fund created.—
  211         (5) DISPLACED HOMEMAKER TRUST FUND.—
  212         (b) The trust fund shall receive funds generated from an
  213  additional fee on marriage license applications, declarations of
  214  domestic partnerships, and dissolution of marriage filings as
  215  specified in ss. 741.01(3), 741.509, and 28.101, respectively,
  216  and may receive funds from any other public or private source.
  217         Section 11. Subsection (3) of section 741.28, Florida
  218  Statutes, is amended to read:
  219         741.28 Domestic violence; definitions.—As used in ss.
  220  741.28-741.31:
  221         (3) “Family or household member” means spouses;, former
  222  spouses;, persons related by blood, or marriage, or domestic
  223  partnership; persons who are presently residing together as if a
  224  family or who have resided together in the past as if a family;,
  225  and persons who are parents of a child in common regardless of
  226  whether they have been married. With the exception of persons
  227  who have a child in common, the family or household members must
  228  be currently residing or have in the past resided together in
  229  the same single dwelling unit.
  230         Section 12. Section 741.501, Florida Statutes, is created
  231  to read:
  232         741.501 Legislative findings.—The Legislature finds that:
  233         (1) There are a significant number of individuals in this
  234  state who live together in important, personal, emotional, and
  235  economically committed relationships. Together, these
  236  individuals live, serve, and participate in the community, and
  237  often rear children and care for family members.
  238         (2) These familial relationships, often referred to as
  239  domestic partnerships, assist the state by providing a private
  240  network of support for the financial, physical, and emotional
  241  health of their participants.
  242         (3) The state has a strong interest in promoting stable and
  243  lasting families, and believes that all families should be
  244  provided with the opportunity to obtain necessary legal
  245  protections and status and the ability to achieve their fullest
  246  potential.
  247         (4) While some public and private institutions recognize
  248  domestic partnerships for limited purposes such as health
  249  benefits, hospital visitation, and medical decisionmaking for an
  250  incapacitated family member, many do not. Historically, legal
  251  recognition of marriage by the state is the primary and, in a
  252  number of instances, the exclusive source of numerous rights,
  253  benefits, and responsibilities available to families under the
  254  laws of this state.
  255         (5) The status of marriage in this state is limited by Art.
  256  I of the State Constitution to the union of one man and one
  257  woman and the Legislature does not seek to alter the definition
  258  of marriage in any way. The Legislature also finds, however,
  259  that recognition of domestic partnerships can provide an
  260  alternative mechanism for extending certain important rights and
  261  responsibilities to individuals who choose to form long-term,
  262  mutually supportive relationships. Such recognition will provide
  263  support to these familial relationships without affecting the
  264  definition of marriage, without creating or recognizing a legal
  265  relationship that is the substantial equivalent of marriage, and
  266  without affecting restrictions contained in federal law.
  267         (6) The decision to offer or seek a ceremony or blessing
  268  over the domestic partnership should be left to the dictates of
  269  each religious faith and to the preferences of the persons
  270  entering into the partnership. Sections 741.501-741.511 do not
  271  require performance of any solemnization ceremony to enter into
  272  a binding domestic partnership agreement and do not interfere
  273  with the right of each religious faith to choose freely to whom
  274  to grant the religious status, sacrament, or blessing of
  275  marriage under the rules and practices of that faith.
  276         (7) Because of the material and other support that these
  277  familial relationships provide to their participants, these
  278  relationships should be formally recognized and made uniform by
  279  law. Therefore, the Legislature declares that it is the policy
  280  of this state to establish and define the rights and
  281  responsibilities of domestic partners.
  282         Section 13. Section 741.502, Florida Statutes, is created
  283  to read:
  284         741.502 Definitions.—As used in ss. 741.501-741.511, the
  285  term:
  286         (1) “Department” means the Department of Health.
  287         (2) “Domestic partnership” means a civil contract entered
  288  into between two individuals who are 18 years of age or older
  289  and otherwise capable, of which at least one of whom is a
  290  resident of this state.
  291         (3) “Partner” means an individual joined in a domestic
  292  partnership.
  293         Section 14. Section 741.503, Florida Statutes, is created
  294  to read:
  295         741.503Forms.—
  296         (1) Pursuant to s. 382.003(7), the department shall prepare
  297  forms entitled:
  298         (a) “Declaration of Domestic Partnership” which meet the
  299  requirements of s. 741.505.
  300         (b) “Certificate of Registered Domestic Partnership.”
  301         (2) The department shall distribute the Declaration of
  302  Domestic Partnership and Certificate of Registered Domestic
  303  Partnership forms to each clerk of the circuit court. The
  304  department and each clerk shall make the Declaration of Domestic
  305  Partnership form available to the public.
  306         Section 15. Section 741.504, Florida Statutes, is created
  307  to read:
  308         741.504 Court jurisdiction and duties; registry.—
  309         (1) The circuit court has jurisdiction over any proceeding
  310  relating to the domestic partners’ rights and obligations.
  311         (2) Each clerk of the circuit court shall maintain a
  312  registry of all domestic partnerships entered into in that
  313  county and a record of all certificates of domestic partnership
  314  issued, which includes the names of the partners and the date of
  315  issuance, and a record of all notices of termination of domestic
  316  partnership filed, which includes the name of the party filing
  317  and the date of filing.
  318         (3) The clerk of the circuit court shall transmit to the
  319  department all original declarations of domestic partnership in
  320  accordance with s. 382.021 and all notices of termination of
  321  domestic partnership in accordance with s. 382.023.
  322         (4) Notwithstanding s. 382.025 or any other law, the
  323  registry of domestic partnerships maintained by a clerk of the
  324  circuit court is a public record and subject to full disclosure.
  325         Section 16. Section 741.505, Florida Statutes, is created
  326  to read:
  327         741.505 Domestic partnership requirements.—
  328         (1) Two individuals wishing to become partners in a
  329  domestic partnership recognized by this state must complete and
  330  file a Declaration of Domestic Partnership form with a clerk of
  331  the circuit court. The declaration must include:
  332         (a) A statement attesting that each individual is 18 years
  333  of age or older and is otherwise capable of entering into a
  334  domestic partnership. The clerk may accept any reasonable proof
  335  of an individual’s age which is satisfactory to the clerk. The
  336  clerk may also require proof of age by affidavit of some
  337  individual other than the parties seeking to file the form if
  338  the clerk deems it necessary.
  339         (b) A statement attesting that at least one of the
  340  individuals is a resident of this state.
  341         (c) Each individual’s mailing address.
  342         (d) A statement attesting that each individual consents to
  343  the jurisdiction of the circuit courts of this state for any
  344  proceeding relating to the partners’ rights and obligations,
  345  even if one or both partners cease to reside or maintain a
  346  domicile in this state.
  347         (e) The notarized signature of each individual, along with
  348  a declaration that the representations made on the form are
  349  true, correct, and contain no material omissions of fact to the
  350  best knowledge and belief of each individual.
  351         (2) Each person signing a Declaration of Domestic
  352  Partnership form consents to the jurisdiction of the circuit
  353  courts of this state for any proceeding related to the partners’
  354  rights and obligations, even if one or both partners cease to
  355  reside or maintain a domicile in this state.
  356         (3) A person who provides intentionally and materially
  357  false information on a Declaration of Domestic Partnership form
  358  with the clerk of court commits a misdemeanor of the first
  359  degree, punishable as provided in s. 775.082 or s. 775.083.
  360         (4) If all legal requirements have been satisfied and there
  361  appears to be no impediment to the domestic partnership, the
  362  clerk of the circuit court shall:
  363         (a) Return a copy of the registered form to the partners;
  364         (b) Register the Declaration of Domestic Partnership in a
  365  domestic partnership registry; and
  366         (c) Issue a Certificate of Registered Domestic Partnership
  367  under his or her hand and seal to the partners in person or at
  368  the mailing address provided by the partners.
  369         Section 17. Section 741.506, Florida Statutes, is created
  370  to read:
  371         741.506 Domestic partnership; name change.—Upon entering
  372  into a domestic partnership, a partner may retain his or her
  373  previous surname, or, if changed, may resume the previous legal
  374  name during the domestic partnership.
  375         Section 18. Section 741.507, Florida Statutes, is created
  376  to read:
  377         741.507 Domestic partnership; rights and responsibilities;
  378  relationship to federal law.—
  379         (1) Any privilege, immunity, right, or benefit granted by
  380  statute, administrative or court rule, policy, common law, or
  381  any other law to an individual because the individual is or was
  382  married, or because the individual is or was an in-law in a
  383  specified way to another individual, is granted on equivalent
  384  terms, substantive and procedural, to an individual because the
  385  individual is or was in a domestic partnership or because the
  386  individual is or was, based on a domestic partnership, related
  387  in a specified way to another individual.
  388         (2) Any responsibility imposed by statute, administrative
  389  or court rule, policy, common law, or any other law on an
  390  individual because the individual is or was married, or because
  391  the individual is or was an in-law in a specified way to another
  392  individual, is imposed on equivalent terms, substantive and
  393  procedural, on an individual because the individual is or was in
  394  a domestic partnership or because the individual is or was,
  395  based on a domestic partnership, related in a specified way to
  396  another individual.
  397         (3) Any privilege, immunity, right, benefit, or
  398  responsibility granted to or imposed by statute, administrative
  399  or court rule, policy, common law, or any other law on a spouse
  400  with respect to a child of either of the spouses is granted to
  401  or imposed on equivalent terms, substantive and procedural, on
  402  an individual in a domestic partnership with respect to a child
  403  of either of the partners.
  404         (4) Any privilege, immunity, right, benefit, or
  405  responsibility granted or imposed by statute, administrative or
  406  court rule, policy, common law, or any other law to or on a
  407  former or surviving spouse with respect to a child of either of
  408  the spouses is granted to or imposed on equivalent terms,
  409  substantive and procedural, on a former or surviving partner
  410  with respect to a child of either of the partners.
  411         (5) For purposes of administering the tax laws of this
  412  state, partners in a domestic partnership, surviving partners of
  413  a domestic partnership, and their children have the same
  414  privileges, immunities, rights, benefits, and responsibilities
  415  as are granted to or imposed on spouses in a marriage, surviving
  416  spouses, and their children.
  417         (6) Many of the laws of this state are intertwined with
  418  federal law, and the Legislature recognizes that it does not
  419  have the jurisdiction to control or implement federal laws or
  420  the privileges, immunities, rights, benefits, and
  421  responsibilities related to federal laws.
  422         (7) Sections 741.502-741.511 do not require or permit the
  423  extension of any benefit under any retirement, deferred
  424  compensation, or other employee benefit plan, if the plan
  425  administrator reasonably concludes that the extension of
  426  benefits would conflict with a condition for the tax
  427  qualification of the plan, or a condition for other favorable
  428  tax treatment of the plan, under the Internal Revenue Code or
  429  adopted regulations.
  430         (8) Sections 741.502-741.511 do not require the extension
  431  of any benefit under any employee benefit plan that is subject
  432  to federal regulation under the Employee Retirement Income
  433  Security Act of 1974.
  434         Section 19. Section 741.508, Florida Statutes, is created
  435  to read:
  436         741.508 Domestic partnerships prohibited and void.—
  437         (1) The following domestic partnerships are prohibited and
  438  void if:
  439         (a) Either party to the domestic partnership currently has
  440  a different partner, or a wife or husband recognized by this
  441  state, living at the time of entering into the domestic
  442  partnership.
  443         (b) The parties to the domestic partnership are related by
  444  lineal consanguinity or are siblings, or if one party is the
  445  niece or nephew of the other party.
  446         (c) Either party to a domestic partnership is incapable of
  447  making the civil contract or consenting to the contract for want
  448  of legal age or sufficient understanding.
  449         (2) If the consent of either party is obtained by force or
  450  fraud, the domestic partnership is void from the time it is so
  451  declared by a judgment of a court having jurisdiction of the
  452  domestic partnership.
  453         (3) An individual who has filed a Declaration of Domestic
  454  Partnership form may not file a new Declaration of Domestic
  455  Partnership form or enter a marriage recognized in this state
  456  with someone other than the individual’s registered partner
  457  unless a notice of termination of the most recent domestic
  458  partnership has been entered. This prohibition does not apply if
  459  the previous domestic partnership ended because one of the
  460  partners died.
  461         Section 20. Section 741.509, Florida Statutes, is created
  462  to read:
  463         741.509Fees.—
  464         (1) The clerk of the circuit court shall collect and
  465  receive a fee of $2 for receiving a Declaration of Domestic
  466  Partnership form completed in accordance with s. 741.505. In
  467  addition:
  468         (a) A fee of $25 shall be collected and deposited in the
  469  Domestic Violence Trust Fund for the purposes provided in s.
  470  741.01(2).
  471         (b) A fee of $7.50 shall be collected for deposit in the
  472  Displaced Homemaker Trust Fund created in s. 446.50.
  473         (c) A fee of $25 shall be collected and remitted to the
  474  Department of Revenue for deposit, monthly, into the General
  475  Revenue Fund.
  476         (d) A fee of $4 shall be collected and distributed as
  477  provided in s. 382.022.
  478         (2) An applicant for a Certificate of Registered Domestic
  479  Partnership who is unable to pay the fees required under
  480  subsection (1) in a lump sum may make payment in not more than
  481  three installments over a period of 90 days. The clerk shall
  482  accept installment payments upon receipt of an affidavit that
  483  the applicant is unable to pay the fees in a lump-sum payment.
  484  Upon receipt of the third or final installment payment, the
  485  Declaration of Domestic Partnership shall be deemed filed, and
  486  the clerk shall issue the Certificate of Registered Domestic
  487  Partnership and distribute the fees as provided in subsection
  488  (1). If the fee is paid in installments, the clerk shall retain
  489  $1 from the additional fee imposed pursuant to paragraph (1)(c)
  490  as a processing fee.
  491         Section 21. Section 741.510, Florida Statutes, is created
  492  to read:
  493         741.510 Proof domestic partnership where certificate is not
  494  available.—If a Declaration of Domestic Partnership has been
  495  received in accordance with s. 741.505 and the clerk has not
  496  registered such declaration as required by that section, if a
  497  Certificate of Registered Domestic Partnership has been lost, or
  498  if by reason of death or other cause the certificate cannot be
  499  obtained, the domestic partnership may be proved by affidavit
  500  before any officer authorized to administer oaths made by two
  501  competent witnesses who were present and saw the Declaration of
  502  Domestic Partnership executed under s. 741.505, which affidavit
  503  may be filed and recorded in the office of clerk of the circuit
  504  in which the Declaration of Domestic Partnership was registered,
  505  with the same force and effect as if the proper certificate has
  506  been made, returned, and recorded.
  507         Section 22. Section 741.511, Florida Statutes, is created
  508  to read:
  509         741.511 Termination of partnership.—
  510         (1)(a) A party to a state-registered domestic partnership
  511  may terminate the relationship by filing a notice of termination
  512  of the domestic partnership with the clerk of the circuit court
  513  and paying the filing fee established under s. 382.023. The
  514  notice must be signed by one or both parties and notarized. If
  515  the notice is not signed by both parties, the party seeking
  516  termination must also file with the clerk an affidavit stating
  517  either that the other party has been served in writing in the
  518  manner prescribed for the service of summons in a civil action,
  519  that a notice of termination is being filed, or that the party
  520  seeking termination has not been able to find the other party
  521  after reasonable effort and that notice has been made by
  522  publication pursuant to paragraph (b).
  523         (b) When the other party cannot be found after reasonable
  524  effort, the party seeking termination may provide notice by
  525  publication as provided in chapter 50 in the county in which the
  526  residence most recently shared by the domestic partners is
  527  located. Notice must be published at least once.
  528         (2) The domestic partnership shall be terminated effective
  529  90 days after the date of filing the notice of termination and
  530  payment of the filing fee.
  531         (3) Upon receipt of a signed, notarized notice of
  532  termination, affidavit, if required, and the filing fee, the
  533  clerk of the circuit court shall file the notice of termination
  534  and provide a certificate of termination of the domestic
  535  partnership to each party named on the notice. The clerk shall
  536  maintain a record of each notice of termination filed and each
  537  certificate of termination issued in the registry required by s.
  538  741.504(2).
  539         (4) A domestic partnership is automatically terminated if,
  540  subsequent to the registration of the domestic partnership,
  541  either party or both parties enter into a marriage that is
  542  recognized as valid in this state, either with each other or
  543  with another person.
  544         Section 23. For the purpose of incorporating the amendment
  545  made by this act to section 741.28, Florida Statutes, in a
  546  reference thereto, paragraph (b) of subsection (1) of section
  547  921.0024, Florida Statutes, is reenacted to read:
  548         921.0024 Criminal Punishment Code; worksheet computations;
  549  scoresheets.—
  550         (1)
  551                         (b) WORKSHEET KEY:                        
  552  
  553  Legal status points are assessed when any form of legal status
  554  existed at the time the offender committed an offense before the
  555  court for sentencing. Four (4) sentence points are assessed for
  556  an offender’s legal status.
  557  
  558  Community sanction violation points are assessed when a
  559  community sanction violation is before the court for sentencing.
  560  Six (6) sentence points are assessed for each community sanction
  561  violation and each successive community sanction violation,
  562  unless any of the following apply:
  563         1. If the community sanction violation includes a new
  564  felony conviction before the sentencing court, twelve (12)
  565  community sanction violation points are assessed for the
  566  violation, and for each successive community sanction violation
  567  involving a new felony conviction.
  568         2. If the community sanction violation is committed by a
  569  violent felony offender of special concern as defined in s.
  570  948.06:
  571         a. Twelve (12) community sanction violation points are
  572  assessed for the violation and for each successive violation of
  573  felony probation or community control where:
  574         (I) The violation does not include a new felony conviction;
  575  and
  576         (II) The community sanction violation is not based solely
  577  on the probationer or offender’s failure to pay costs or fines
  578  or make restitution payments.
  579         b. Twenty-four (24) community sanction violation points are
  580  assessed for the violation and for each successive violation of
  581  felony probation or community control where the violation
  582  includes a new felony conviction.
  583  
  584  Multiple counts of community sanction violations before the
  585  sentencing court shall not be a basis for multiplying the
  586  assessment of community sanction violation points.
  587  
  588  Prior serious felony points: If the offender has a primary
  589  offense or any additional offense ranked in level 8, level 9, or
  590  level 10, and one or more prior serious felonies, a single
  591  assessment of thirty (30) points shall be added. For purposes of
  592  this section, a prior serious felony is an offense in the
  593  offender’s prior record that is ranked in level 8, level 9, or
  594  level 10 under s. 921.0022 or s. 921.0023 and for which the
  595  offender is serving a sentence of confinement, supervision, or
  596  other sanction or for which the offender’s date of release from
  597  confinement, supervision, or other sanction, whichever is later,
  598  is within 3 years before the date the primary offense or any
  599  additional offense was committed.
  600  
  601  Prior capital felony points: If the offender has one or more
  602  prior capital felonies in the offender’s criminal record, points
  603  shall be added to the subtotal sentence points of the offender
  604  equal to twice the number of points the offender receives for
  605  the primary offense and any additional offense. A prior capital
  606  felony in the offender’s criminal record is a previous capital
  607  felony offense for which the offender has entered a plea of nolo
  608  contendere or guilty or has been found guilty; or a felony in
  609  another jurisdiction which is a capital felony in that
  610  jurisdiction, or would be a capital felony if the offense were
  611  committed in this state.
  612  
  613  Possession of a firearm, semiautomatic firearm, or machine gun:
  614  If the offender is convicted of committing or attempting to
  615  commit any felony other than those enumerated in s. 775.087(2)
  616  while having in his or her possession: a firearm as defined in
  617  s. 790.001(6), an additional eighteen (18) sentence points are
  618  assessed; or if the offender is convicted of committing or
  619  attempting to commit any felony other than those enumerated in
  620  s. 775.087(3) while having in his or her possession a
  621  semiautomatic firearm as defined in s. 775.087(3) or a machine
  622  gun as defined in s. 790.001(9), an additional twenty-five (25)
  623  sentence points are assessed.
  624  
  625  Sentencing multipliers:
  626  
  627  Drug trafficking: If the primary offense is drug trafficking
  628  under s. 893.135, the subtotal sentence points are multiplied,
  629  at the discretion of the court, for a level 7 or level 8
  630  offense, by 1.5. The state attorney may move the sentencing
  631  court to reduce or suspend the sentence of a person convicted of
  632  a level 7 or level 8 offense, if the offender provides
  633  substantial assistance as described in s. 893.135(4).
  634  
  635  Law enforcement protection: If the primary offense is a
  636  violation of the Law Enforcement Protection Act under s.
  637  775.0823(2), (3), or (4), the subtotal sentence points are
  638  multiplied by 2.5. If the primary offense is a violation of s.
  639  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  640  are multiplied by 2.0. If the primary offense is a violation of
  641  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
  642  Protection Act under s. 775.0823(10) or (11), the subtotal
  643  sentence points are multiplied by 1.5.
  644  
  645  Grand theft of a motor vehicle: If the primary offense is grand
  646  theft of the third degree involving a motor vehicle and in the
  647  offender’s prior record, there are three or more grand thefts of
  648  the third degree involving a motor vehicle, the subtotal
  649  sentence points are multiplied by 1.5.
  650  
  651  Offense related to a criminal gang: If the offender is convicted
  652  of the primary offense and committed that offense for the
  653  purpose of benefiting, promoting, or furthering the interests of
  654  a criminal gang as prohibited under s. 874.04, the subtotal
  655  sentence points are multiplied by 1.5.
  656  
  657  Domestic violence in the presence of a child: If the offender is
  658  convicted of the primary offense and the primary offense is a
  659  crime of domestic violence, as defined in s. 741.28, which was
  660  committed in the presence of a child under 16 years of age who
  661  is a family or household member as defined in s. 741.28(3) with
  662  the victim or perpetrator, the subtotal sentence points are
  663  multiplied by 1.5.
  664         Section 24. For the purpose of incorporating the amendment
  665  made by this act to section 741.28, Florida Statutes, in a
  666  reference thereto, paragraph (b) of subsection (2) of section
  667  943.171, Florida Statutes, is reenacted to read:
  668         943.171 Basic skills training in handling domestic violence
  669  cases.—
  670         (2) As used in this section, the term:
  671         (b) “Household member” has the meaning set forth in s.
  672  741.28(3).
  673         Section 25. This act shall take effect July 1, 2013.
  674  
  675  ================= T I T L E  A M E N D M E N T ================
  676         And the title is amended as follows:
  677         Delete everything before the enacting clause
  678  and insert:
  679                        A bill to be entitled                      
  680         An act relating to families first; amending s. 28.24,
  681         F.S.; setting forth fees and costs to be applied when
  682         registering a domestic partnership; amending s.
  683         97.1031, F.S.; providing notice to the supervisor of
  684         elections concerning a change of name due to
  685         participation in a domestic partnership; amending s.
  686         382.002, F.S.; including domestic partnerships and
  687         terminations of domestic partnership as vital records
  688         in this state; amending s. 382.003, F.S.; requiring
  689         the Department of Health to examine all certificates
  690         of domestic partnership forms and notices of
  691         termination of domestic partnership reports sent from
  692         the courts; amending s. 382.021, F.S.; requiring the
  693         clerk of the circuit court to transmit all original
  694         declarations of domestic partnership to the Department
  695         of Health by a specified date each month; amending s.
  696         382.022, F.S.; requiring the clerk of the circuit
  697         court to collect a fee after registering a domestic
  698         partnership; amending s. 382.023, F.S.; requiring the
  699         clerk of the circuit court to collect a fee upon
  700         filing a notice of termination of a domestic
  701         partnership; requiring the clerk of the circuit court
  702         to transmit records of terminations of domestic
  703         partnerships to the Department of Health by a
  704         specified date each month; amending s. 382.025, F.S.;
  705         authorizing the Department of Health to issue a
  706         certified copy of certain vital records to a domestic
  707         partner; amending s. 382.0255, F.S.; providing that
  708         the Department of Health is entitled to a specified
  709         fee for the issuance of a commemorative certificate of
  710         domestic partnership; amending s. 446.50, F.S.;
  711         requiring that certain fees relating to declarations
  712         of domestic partnership be deposited in the Displaced
  713         Homemaker Trust Fund; amending s. 741.28, F.S.;
  714         redefining the term “family or household member” in
  715         the context of domestic violence to include a domestic
  716         partnership; creating s. 741.501, F.S.; providing
  717         legislative findings; creating s. 741.502, F.S.;
  718         defining terms; creating s. 741.503, F.S.; requiring
  719         the Department of Health to create and distribute the
  720         Declaration of Domestic Partnership and Certificate of
  721         Registered Domestic Partnership forms to each clerk of
  722         the circuit court; requiring the department and each
  723         clerk of the circuit court to make the Declaration of
  724         Domestic Partnership form available to the public;
  725         creating s. 741.504, F.S.; providing that the circuit
  726         court has jurisdiction over domestic partnership
  727         proceedings; requiring the clerk of the circuit court
  728         to maintain a domestic partnership registry; requiring
  729         the clerk of the circuit court to transmit records
  730         related to domestic partnerships to the Department of
  731         Health as required by law; providing that the registry
  732         is a public record; creating s. 741.505, F.S.;
  733         requiring two individuals who wish to become partners
  734         in a domestic partnership to complete and file a
  735         Declaration of Domestic Partnership form with the
  736         clerk of the circuit court; specifying the required
  737         contents of the completed form; providing that each
  738         partner who signs the form consents to the
  739         jurisdiction of the circuit court for certain
  740         purposes; providing that if a person files an
  741         intentionally and materially false form, he or she
  742         commits a misdemeanor of the first degree; providing
  743         criminal penalties; requiring the clerk of the circuit
  744         court to register the Declaration of Domestic
  745         Partnership in a domestic partnership registry and
  746         issue a Certificate of Registered Domestic
  747         Partnership; creating s. 741.506, F.S.; authorizing
  748         the domestic partners to retain surnames; creating s.
  749         741.507, F.S.; providing that any privilege or
  750         responsibility granted or imposed by statute,
  751         administrative or court rule, policy, common law, or
  752         any other law to an individual because the individual
  753         is or was related to another by marriage, is or was an
  754         in-law, or is a child of either of the spouses, is
  755         granted on equivalent terms to domestic partners or
  756         individuals similarly related to domestic partners;
  757         providing that the act does not require or authorize
  758         the extension of any benefit under a retirement,
  759         deferred compensation, or other employee benefit plan,
  760         if the plan administrator reasonably concludes that
  761         the extension of benefits to partners would conflict
  762         with a condition for tax qualification of the plan, or
  763         a condition for other favorable tax treatment of the
  764         plan, under the Internal Revenue Code; creating s.
  765         741.508, F.S.; specifying prohibited or void domestic
  766         partnerships; creating s. 741.509, F.S.; requiring
  767         that the clerk of the circuit court collect certain
  768         fees for receiving a Declaration of Domestic
  769         Partnership; authorizing the clerk of the circuit
  770         court to accept installment payments from individuals
  771         who are unable to pay the fees in a lump sum; creating
  772         s. 741.510, F.S.; providing methods to prove the
  773         existence of a registered Declaration Domestic
  774         Partnership when the certificate document has been
  775         lost or is otherwise unavailable; creating s. 741.511,
  776         F.S.; providing for termination of a domestic
  777         partnership; providing for notice; providing for the
  778         effective date of the termination; providing for
  779         registration of the termination; requiring records of
  780         certain terminations to be maintained; providing for
  781         automatic termination of partnership if either party
  782         enters into a valid marriage; reenacting ss.
  783         921.0024(1)(b) and 943.171(2)(b), F.S., relating to
  784         the worksheet form for the Criminal Punishment Code
  785         and the basic skills training for domestic violence
  786         cases, respectively, to incorporate the amendments
  787         made to s. 741.28, F.S., in references thereto;
  788         providing an effective date.