House Bill 1019e1

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                                          HB 1019, First Engrossed



  1                      A bill to be entitled

  2         An act relating to marriage; creating ss.

  3         741.0305, 741.0306, and 741.0307, F.S., the

  4         "Marriage Preparation and Preservation Act of

  5         1998"; providing legislative findings and

  6         purpose; requiring the creation of a handbook

  7         pertaining to the rights and responsibilities

  8         under Florida law of marital partners; amending

  9         s. 741.0306, F.S.,  to provide criteria to be

10         contained in the handbook;  amending s. 741.04,

11         F.S.; providing that verification that both

12         parties contemplating marriage have obtained

13         and read the information contained in the

14         handbook created pursuant to s. 741.0307, F.S.,

15         is a condition precedent to issuance of a

16         marriage license; amending s. 741.05, F.S., to

17         conform; amending s. 61.21, F.S.; revising

18         provisions relating to the authorized parenting

19         course offered to educate, train, and assist

20         divorcing parents in regard to the consequences

21         of divorce on parents and children; designating

22         such course as the parent education and family

23         stabilization course; providing legislative

24         findings and purpose; authorizing the court in

25         any action between parents in which the custody

26         or support of a minor child is an issue to

27         order parties to attend the family education

28         and stabilization course if the court finds

29         attendance to be in the best interests of the

30         child or children; providing procedures and

31         guidelines for required attendance; requiring


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                                          HB 1019, First Engrossed



  1         parties to file proof of compliance with the

  2         court; authorizing a course fee; authorizing

  3         each judicial circuit to establish a registry

  4         of course providers and sites; authorizing the

  5         court to grant exemption from required course

  6         attendance; providing parent education and

  7         family stabilization course curriculum;

  8         providing qualifications and duties of course

  9         providers; amending s. 232.246, F.S.; including

10         marriage and relationship education within the

11         life management skills credit required for

12         graduation from high school; amending s.

13         28.101, F.S.; to provide for an additional fee

14         for filing for distribution of marriage and

15         designates the trust fund for deposit; amending

16         s. 25.388, F.S.; provides a cross reference;

17         providing an effective date.

18

19  Be It Enacted by the Legislature of the State of Florida:

20

21         Section 1.  Section 741.0305, Florida Statutes, is

22  created to read:

23         741.0305  Short title.--Sections 741.0305-741.0307 may

24  be cited as the "Marriage Preparation and Preservation Act of

25  1998."

26         Section 2.  Section 741.0306, Florida Statutes, is

27  created to read:

28         741.0306  Legislative findings; purpose.--It is the

29  finding of the Legislature that:

30         (1)  Just as the family is the foundation of society,

31  the marital relationship is the foundation of family.


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                                          HB 1019, First Engrossed



  1  Consequently, strengthening marriages can only lead to

  2  stronger families, children, and communities, as well as a

  3  stronger economy.

  4         (2)  Marriage must be endorsed and encouraged as a

  5  means of promoting stability and continuity in society.

  6         (3)  The major aspect of the preventive approach to

  7  preserving marriage is to acquire necessary skills.

  8         (4)  Skills are certain abilities or proficiencies that

  9  come from education, training, and practice.

10         (5)  If we equip individuals with certain skills, their

11  relationships will be more adaptable to change and to stress

12  from both internal and external sources.

13         (6)  Relationship skills can be learned in such places

14  as classroom settings in schools, religious centers, health

15  maintenance organizations, on military bases, and in county

16  courthouses.

17         (7)  Couples who learn such skills will model the

18  behaviors for their children, thus reducing the divorce rate

19  in future generations.

20         (8)  Once the skills are learned, they are generalized

21  to parenting, the workplace, schools, neighborhoods, and civic

22  relationships.

23         (9)  The state has a compelling interest in educating

24  its citizens with regard to the responsibilities of marriage

25  and, if contemplated, the effects of divorce.

26         (10)  It is also a purpose of this act to provide

27  marriage and relationship skill-based education to high school

28  students in the state pursuant to s. 232.246(1)(i).

29         Section 3.  Section 741.0307, Florida Statutes, is

30  created to read:

31         741.0307  Creation of handbook.--


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                                          HB 1019, First Engrossed



  1         (1)  There shall be created a handbook explaining those

  2  sections of Florida law pertaining to the rights and

  3  responsibilities under Florida law of the marital partners to

  4  each other and to any children during a marriage and in the

  5  event of a dissolution of marriage. The material contained in

  6  such a handbook may also be provided through video tape or

  7  other suitable electronic media. The material in the handbook

  8  or other suitable electronic media shall be reviewed for

  9  accuracy by the Family Court Steering Committee of the Florida

10  Supreme Court prior to publication and distribution.

11           (2)  Such handbooks shall be available from the clerk

12  of the circuit court upon application for a marriage license.

13  The clerks may also make the information in the handbook

14  available on videotape or other electronic media and are

15  encouraged to provide a list of course providers and sites at

16  which marriage and relationship skill building classes are

17  available.

18         (3)  The information contained in the handbook or other

19  electronic media presentation shall be reviewed and updated

20  annually in accordance with the law of the state, and shall

21  include, but not be limited to:

22         (a)  Pre-nuptial agreements; as a contract and as an

23  opportunity to structure financial arrangements and other

24  aspects of the marital relationship;

25         (b)  Shared parental responsibility for children; the

26  determination of primary residence or custody and secondary

27  residence or routine visitation, holiday, summer and vacation

28  visitation arrangements, telephone access, and the process for

29  notice for changes;

30         (c)  Permanent relocation restrictions on parents with

31  primary residential responsibility;


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                                          HB 1019, First Engrossed



  1         (d)  Child support for minor children; both parents are

  2  obligated for support in accordance with applicable child

  3  support guidelines;

  4         (e)  Property rights; including equitable distribution,

  5  special equity, pre-marital property, and non-marital

  6  property;

  7         (f)  Alimony; including temporary, permanent,

  8  rehabilitative, and lump sum;

  9         (g)  Domestic violence and child abuse and neglect;

10  including penalties and other ramifications of false

11  reporting;

12         (h)  Court process for dissolution, with or without

13  legal assistance, including who may attend, the recording of

14  proceedings, how to access those records, and the cost of such

15  access;

16         (i)  Parent education and family stabilization course

17  requirement for divorcing parents with children; and

18         (j)  Community resources that are available for

19  separating or divorcing persons and their children.

20         Section 4.  Section 741.04, Florida Statutes, is

21  amended to read:

22         741.04  Marriage license issued.--No county court judge

23  or clerk of the circuit court in this state shall issue a

24  license for the marriage of any person unless there shall be

25  first presented and filed with him or her an affidavit in

26  writing, signed by both parties to the marriage, providing the

27  social security numbers of each party, made and subscribed

28  before some person authorized by law to administer an oath:,

29         (1)  Reciting the true and correct ages of such

30  parties; unless both such parties shall be over the age of 18

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                                          HB 1019, First Engrossed



  1  years, except as provided in s. 741.0405; and unless one party

  2  is a male and the other party is a female.

  3         (2)  Verifying that both parties have obtained and read

  4  or otherwise accessed the information contained in the

  5  handbook or other electronic media presentation of the rights

  6  and responsibilities of parties to a marriage provided for in

  7  s. 741.0305.

  8

  9  Pursuant to the federal Personal Responsibility and Work

10  Opportunity Reconciliation Act of 1996, each party is required

11  to provide his or her social security number in accordance

12  with this section. Disclosure of social security numbers

13  obtained through this requirement shall be limited to the

14  purpose of administration of the Title IV-D program for child

15  support enforcement.

16         Section 5.  Section 741.05, Florida Statutes, is

17  amended to read:

18         741.05  Penalty for violation of ss. 741.03,

19  741.04(1).--Any county court judge, clerk of the circuit

20  court, or other person who shall violate any provision of ss.

21  741.03 and 741.04(1) shall be guilty of a misdemeanor of the

22  first degree, punishable as provided in s. 775.082 or s.

23  775.083.

24         Section 6.  Section 61.21, Florida Statutes, is amended

25  to read:

26         61.21  Parent education and family stabilization

27  Parenting course authorized; fees; required attendance

28  authorized; contempt.--

29         (1)  LEGISLATIVE FINDINGS; PURPOSE.--It is the finding

30  of the Legislature that:

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                                          HB 1019, First Engrossed



  1         (a)  A large number of children experience the

  2  separation or divorce of their parents each year. Parental

  3  conflict related to divorce is a societal concern because

  4  children suffer potential short-term and long-term detrimental

  5  economic, emotional, and educational effects during this

  6  difficult period of family transition. This is particularly

  7  true when parents engage in lengthy legal conflict.

  8         (b)  Parents are more likely to consider the best

  9  interests of their children when determining parental

10  arrangements if courts provide families with information

11  regarding the process by which courts make decisions on issues

12  affecting their children and suggestions as to how parents may

13  ease the coming adjustments in family structure for their

14  children.

15         (c)  It has been found to be beneficial to parents who

16  are separating or divorcing to have available an educational

17  program that will provide general information regarding:

18         1.  The issues and legal procedures for resolving

19  custody and child support disputes.

20         2.  The emotional experiences and problems of divorcing

21  adults.

22         3. The family problems and the emotional concerns and

23  needs of the children.

24         4.  The availability of community services and

25  resources.

26         (d)  Parents who are separating or divorcing are more

27  likely to receive maximum benefit from a program if they

28  attend such program at the earliest stages of their dispute,

29  before extensive litigation occurs and adversarial positions

30  are assumed or intensified.

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                                          HB 1019, First Engrossed



  1         (e)  The Legislature declares that it is the purpose of

  2  this act to promote the best interests of children who are

  3  experiencing the separation or divorce of their parents by

  4  establishing a parent education and family stabilization

  5  course designed to:

  6         1.  Increase parental awareness of the importance of

  7  reducing acrimony that may exist between the parties.

  8         2.  Develop an understanding or an atmosphere that will

  9  encourage parents to assure a child of close and continuing

10  contact with both parents, when that is in the best interests

11  of the child.

12         3.  Provide separating or divorcing parents with basic

13  information about issues relating to contested custody

14  disputes as determined by both mental health and legal

15  professionals.

16         4.  Assist the parties in identifying real issues and

17  clarifying potential priorities.

18         (1)  All judicial circuits in the state may approve a

19  parenting course which shall be a course of a minimum of 4

20  hours designed to educate, train, and assist divorcing parents

21  in regard to the consequences of divorce on parents and

22  children.

23         (2)  COURT REQUIRED ATTENDANCE.--

24         (a)  In any action between parents in which the custody

25  or support of a minor child is an issue, the court may, upon

26  the motion of a party or upon the court's own motion, order

27  parties to attend the parent education and family

28  stabilization course, if the court finds it to be in the best

29  interests of the child or children. The court, in making its

30  determination shall consider the factors set forth in

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                                          HB 1019, First Engrossed



  1  subsection (3). Such an order shall specify the date by which

  2  course attendance must be completed.

  3         (b)(2)  Within 30 days of filing for All parties to a

  4  dissolution of marriage or when seeking proceeding with minor

  5  children or a modification of a final judgment action

  6  involving shared parental responsibilities, custody, or

  7  visitation, parties shall begin to attend the parent education

  8  and family stabilization course may be required to complete a

  9  court-approved parenting course prior to the entry by the

10  court of a final judgment or order modifying the final

11  judgment.

12         (c)  Where abuse or neglect is alleged by one party

13  against the other, or under other circumstances of concern to

14  the court, the court may, upon its own motion or upon the

15  motion of a party, order each spouse to attend a separate

16  session of the course.

17         (7)  Nothing in this section shall be construed to

18  require the parties to a dissolution of marriage to attend a

19  court-approved parenting course together.

20         (d)(6)  The court may hold any parent who fails to

21  attend a required parent education and family stabilization

22  class parenting course in contempt or that parent may be

23  denied shared parental responsibility or visitation or

24  otherwise sanctioned as the court deems appropriate.

25         (e)(3)  All parties required to complete a parent

26  education and family stabilization parenting course shall file

27  proof of compliance with the court prior to the entry of the

28  final judgment or order modifying the final judgment.

29         (f)(5)  Information obtained or statements made by the

30  parties at any educational session required under this statute

31  shall not be considered in the adjudication of a pending or


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                                          HB 1019, First Engrossed



  1  subsequent action, nor shall any report resulting from such

  2  educational session become part of the record of the case

  3  unless the parties have stipulated in writing to the contrary.

  4         (g)(4)  A reasonable fee may be charged to each parent

  5  attending the course.

  6         (h)  No person shall be excluded from attendance of the

  7  course based upon the inability to pay.

  8         (i)  Each judicial circuit may establish a registry of

  9  course providers and sites at which the parent education and

10  family stabilization course required by this section may be

11  completed. The court shall also include within the registry of

12  course providers and sites at least one site in each county at

13  which the parent education and family stabilization course may

14  be completed on a sliding fee scale.

15         (3)  WAIVER OF ATTENDANCE REQUIREMENT.--In considering

16  whether to order parents to attend the parent education and

17  family stabilization course, the court shall presume that such

18  attendance is in the best interests of the child or children

19  in the family. The court may, in its discretion, determine

20  that either or both parents should not attend the parent

21  education and family stabilization program. In making the

22  decision to exempt a parent from the attendance requirement,

23  the court shall consider the following:

24         (a)  Participation in an alternative program approved

25  by the court.

26         (b)  Economic or other hardships which would arise as a

27  result of attending the course, including travel time and

28  costs.

29         (c)  Allegations or a history of child or spousal abuse

30  or neglect, or substance abuse.

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                                          HB 1019, First Engrossed



  1         (d)  The history of motions related to custody and

  2  visitation or child support.

  3         (e)  Guidelines promulgated by the court regarding

  4  attendance requirements.

  5         (f)  Any other factors the court deems relevant.

  6         (4)  COURSE CURRICULUM.--

  7         (a)  The parent education and family stabilization

  8  course shall include, but not be limited to, the following

  9  topics as they relate to court actions between parents

10  involving custody, care, visitation, and support of a child or

11  children:

12         1.  Legal aspects of deciding child-related issues

13  between parents.

14         2.  Emotional aspects of separation and divorce on

15  adults.

16         3.  Emotional aspects of separation and divorce on

17  children.

18         4.  Family relationships and family dynamics.

19         5.  Financial responsibilities to a child or children.

20         6.  Issues regarding spousal or child abuse and

21  neglect.

22         7.  Skill-based relationship education that may be

23  generalized to parenting, workplace, school, neighborhood, and

24  civic relationships.

25         (b)  Information regarding spousal and child abuse and

26  neglect shall be included in every parent education and family

27  stabilization course. A list of local agencies that provide

28  assistance with such issues shall also be provided.

29         (c)  The parent education and family stabilization

30  course shall be educational in nature and shall not be

31  designed to provide individual mental health therapy for


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                                          HB 1019, First Engrossed



  1  parents or children, or individual legal advice to parents or

  2  children.

  3         (5)  QUALIFICATIONS AND DUTIES OF COURSE PROVIDERS.--

  4         (a)  All course providers who provide information

  5  regarding legal aspects of actions pertaining to custody,

  6  care, visitation, or support of minor children shall have the

  7  following qualifications:

  8         1.  A law degree and admission to The Florida Bar; and

  9         2.  At least 2 years' experience in family law

10  practice.

11         (b)  All program providers who provide information

12  regarding the emotional aspects of divorce or other actions

13  regarding custody, visitation, or support of minor children on

14  children or adults shall have the following qualifications:

15         1.  A master's degree or doctorate in psychology and a

16  license to practice pursuant to chapter 490, or a master's

17  degree or doctorate in social work, marriage and family

18  therapy, or mental health counseling licensed pursuant to

19  chapter 491; or a master's degree in guidance and counseling

20  and certified pursuant to s. 231.15; or the equivalent from

21  another state within the United States; and

22         2.  At least 2 years' postgraduate experience in child

23  or family counseling.

24         3.  An official representative of a religious

25  institution which is recognized under s. 501(c)(3) of the

26  Internal Revenue Code of 1986, as amended, may also present

27  this section of the course, if the representative can

28  demonstrate relevant training.

29         (c)  Course providers shall not solicit participants

30  from the sessions they conduct to become private clients or

31  patients.


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                                          HB 1019, First Engrossed



  1         (d)  Course providers shall not give individual legal

  2  advice or mental health therapy.

  3         Section 7.  Paragraph (i) of subsection (1) of section

  4  232.246, Florida Statutes, is amended to read:

  5         232.246  General requirements for high school

  6  graduation.--

  7         (1)  Graduation requires successful completion of

  8  either a minimum of 24 academic credits in grades 9 through 12

  9  or an International Baccalaureate curriculum. The 24 credits

10  shall be distributed as follows:

11         (i)  One-half credit in life management skills to

12  include consumer education, positive emotional development,

13  marriage and relationship skill-based education, nutrition,

14  prevention of human immunodeficiency virus infection and

15  acquired immune deficiency syndrome and other sexually

16  transmissible diseases, benefits of sexual abstinence and

17  consequences of teenage pregnancy, information and instruction

18  on breast cancer detection and breast self-examination,

19  cardiopulmonary resuscitation, drug education, and the hazards

20  of smoking.  Such credit shall be given for a course to be

21  taken by all students in either the 9th or 10th grade.

22

23  School boards may award a maximum of one-half credit in social

24  studies and one-half elective credit for student completion of

25  nonpaid voluntary community or school service work.  Students

26  choosing this option must complete a minimum of 75 hours of

27  service in order to earn the one-half credit in either

28  category of instruction.  Credit may not be earned for service

29  provided as a result of court action.  School boards that

30  approve the award of credit for student volunteer service

31  shall develop guidelines regarding the award of the credit,


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                                          HB 1019, First Engrossed



  1  and school principals are responsible for approving specific

  2  volunteer activities. A course designated in the Course Code

  3  Directory as grade 9 through grade 12 which is taken below the

  4  9th grade may be used to satisfy high school graduation

  5  requirements or Florida Academic Scholar's Certificate Program

  6  requirements as specified in a district's pupil progression

  7  plan.

  8         Section 8.  Section 28.101, Florida Statutes, is hereby

  9  amended to read:

10         28.101  Petitions and records of dissolution of

11  marriage; additional charges.--

12         (d)  A charge of $1.  On a monthly basis, the clerk

13  shall transfer the moneys collected pursuant to this paragraph

14  for deposit in the Family Courts Trust Fund created in s.

15  25.388 for the specific purpose of funding the handbook and

16  materials created pursuant to s. 741.0307.  Such funds

17  generated shall be directed to the Department of Children and

18  Family Services.  The department will be responsible for

19  administering these funds in accordance with the provisions of

20  the bill as well as having the authority to solicit grants and

21  donations to carry out the provisions of the bill.

22         Section 9.  Section 25.388, Florida Statutes, is hereby

23  amended to read:

24         25.388  Family Courts Trust Fund.--

25         (3)  The trust fund shall be funded with moneys

26  generated from fees assessed pursuant to s. 28.101 and s.

27  741.01(4).

28         Section 10.  This act shall take effect July 1 of the

29  year in which enacted.

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