House Bill 1019e2

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                                         HB 1019, Second 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, Second 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.; providing an additional charge

14         for petition for a dissolution of marriage;

15         providing for deposit of such funds in the

16         Family Courts Trust Fund; amending s. 25.388,

17         F.S.; providing an additional source of funding

18         for the Family Courts Trust Fund; providing an

19         effective date.

20

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

22

23         Section 1.  Section 741.0305, Florida Statutes, is

24  created to read:

25         741.0305  Short title.--Sections 741.0305-741.0307 may

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

27  1998."

28         Section 2.  Section 741.0306, Florida Statutes, is

29  created to read:

30         741.0306  Legislative findings; purpose.--It is the

31  finding of the Legislature that:


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                                         HB 1019, Second Engrossed



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

  2  the marital relationship is the foundation of family.

  3  Consequently, strengthening marriages can only lead to

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

  5  stronger economy.

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

  7  means of promoting stability and continuity in society.

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

  9  preserving marriage is to acquire necessary skills.

10         (4)  Skills are certain abilities or proficiencies that

11  come from education, training, and practice.

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

13  relationships will be more adaptable to change and to stress

14  from both internal and external sources.

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

16  as classroom settings in schools, religious centers, health

17  maintenance organizations, on military bases, and in county

18  courthouses.

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

20  behaviors for their children, thus reducing the divorce rate

21  in future generations.

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

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

24  relationships.

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

26  its citizens with regard to the responsibilities of marriage

27  and, if contemplated, the effects of divorce.

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

29  marriage and relationship skill-based education to high school

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

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                                         HB 1019, Second Engrossed



  1         Section 3.  Section 741.0307, Florida Statutes, is

  2  created to read:

  3         741.0307  Creation of handbook.--

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

  5  sections of Florida law pertaining to the rights and

  6  responsibilities under Florida law of the marital partners to

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

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

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

10  other suitable electronic media. The material in the handbook

11  or other suitable electronic media shall be reviewed for

12  accuracy by the Family Court Steering Committee of the Florida

13  Supreme Court prior to publication and distribution.

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

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

16  The clerks may also make the information in the handbook

17  available on videotape or other electronic media and are

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

19  which marriage and relationship skill building classes are

20  available.

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

22  electronic media presentation shall be reviewed and updated

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

24  include, but not be limited to:

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

26  opportunity to structure financial arrangements and other

27  aspects of the marital relationship;

28         (b)  Shared parental responsibility for children; the

29  determination of primary residence or custody and secondary

30  residence or routine visitation, holiday, summer and vacation

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                                         HB 1019, Second Engrossed



  1  visitation arrangements, telephone access, and the process for

  2  notice for changes;

  3         (c)  Permanent relocation restrictions on parents with

  4  primary residential responsibility;

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

  6  obligated for support in accordance with applicable child

  7  support guidelines;

  8         (e)  Property rights; including equitable distribution,

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

10  property;

11         (f)  Alimony; including temporary, permanent,

12  rehabilitative, and lump sum;

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

14  including penalties and other ramifications of false

15  reporting;

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

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

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

19  access;

20         (i)  Parent education and family stabilization course

21  requirement for divorcing parents with children; and

22         (j)  Community resources that are available for

23  separating or divorcing persons and their children.

24         Section 4.  Section 741.04, Florida Statutes, is

25  amended to read:

26         741.04  Marriage license issued.--No county court judge

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

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

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

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

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                                         HB 1019, Second Engrossed



  1  social security numbers of each party, made and subscribed

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

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

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

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

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

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

  8  or otherwise accessed the information contained in the

  9  handbook or other electronic media presentation of the rights

10  and responsibilities of parties to a marriage provided for in

11  s. 741.0305.

12

13  Pursuant to the federal Personal Responsibility and Work

14  Opportunity Reconciliation Act of 1996, each party is required

15  to provide his or her social security number in accordance

16  with this section. Disclosure of social security numbers

17  obtained through this requirement shall be limited to the

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

19  support enforcement.

20         Section 5.  Section 741.05, Florida Statutes, is

21  amended to read:

22         741.05  Penalty for violation of ss. 741.03,

23  741.04(1).--Any county court judge, clerk of the circuit

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

25  741.03 and 741.04(1) shall be guilty of a misdemeanor of the

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

27  775.083.

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

29  to read:

30

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                                         HB 1019, Second Engrossed



  1         61.21  Parent education and family stabilization

  2  Parenting course authorized; fees; required attendance

  3  authorized; contempt.--

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

  5  of the Legislature that:

  6         (a)  A large number of children experience the

  7  separation or divorce of their parents each year. Parental

  8  conflict related to divorce is a societal concern because

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

10  economic, emotional, and educational effects during this

11  difficult period of family transition. This is particularly

12  true when parents engage in lengthy legal conflict.

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

14  interests of their children when determining parental

15  arrangements if courts provide families with information

16  regarding the process by which courts make decisions on issues

17  affecting their children and suggestions as to how parents may

18  ease the coming adjustments in family structure for their

19  children.

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

21  are separating or divorcing to have available an educational

22  program that will provide general information regarding:

23         1.  The issues and legal procedures for resolving

24  custody and child support disputes.

25         2.  The emotional experiences and problems of divorcing

26  adults.

27         3. The family problems and the emotional concerns and

28  needs of the children.

29         4.  The availability of community services and

30  resources.

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                                         HB 1019, Second Engrossed



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

  2  likely to receive maximum benefit from a program if they

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

  4  before extensive litigation occurs and adversarial positions

  5  are assumed or intensified.

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

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

  8  experiencing the separation or divorce of their parents by

  9  establishing a parent education and family stabilization

10  course designed to:

11         1.  Increase parental awareness of the importance of

12  reducing acrimony that may exist between the parties.

13         2.  Develop an understanding or an atmosphere that will

14  encourage parents to assure a child of close and continuing

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

16  of the child.

17         3.  Provide separating or divorcing parents with basic

18  information about issues relating to contested custody

19  disputes as determined by both mental health and legal

20  professionals.

21         4.  Assist the parties in identifying real issues and

22  clarifying potential priorities.

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

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

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

26  in regard to the consequences of divorce on parents and

27  children.

28         (2)  COURT REQUIRED ATTENDANCE.--

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

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

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


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                                         HB 1019, Second Engrossed



  1  parties to attend the parent education and family

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

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

  4  determination shall consider the factors set forth in

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

  6  course attendance must be completed.

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

  8  dissolution of marriage or when seeking proceeding with minor

  9  children or a modification of a final judgment action

10  involving shared parental responsibilities, custody, or

11  visitation, parties shall begin to attend the parent education

12  and family stabilization course may be required to complete a

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

14  court of a final judgment or order modifying the final

15  judgment.

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

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

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

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

20  session of the course.

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

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

23  court-approved parenting course together.

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

25  attend a required parent education and family stabilization

26  class parenting course in contempt or that parent may be

27  denied shared parental responsibility or visitation or

28  otherwise sanctioned as the court deems appropriate.

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

30  education and family stabilization parenting course shall file

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                                         HB 1019, Second Engrossed



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

  2  final judgment or order modifying the final judgment.

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

  4  parties at any educational session required under this statute

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

  6  subsequent action, nor shall any report resulting from such

  7  educational session become part of the record of the case

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

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

10  attending the course.

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

12  course based upon the inability to pay.

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

14  course providers and sites at which the parent education and

15  family stabilization course required by this section may be

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

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

18  which the parent education and family stabilization course may

19  be completed on a sliding fee scale.

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

21  whether to order parents to attend the parent education and

22  family stabilization course, the court shall presume that such

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

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

25  that either or both parents should not attend the parent

26  education and family stabilization program. In making the

27  decision to exempt a parent from the attendance requirement,

28  the court shall consider the following:

29         (a)  Participation in an alternative program approved

30  by the court.

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                                         HB 1019, Second Engrossed



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

  2  result of attending the course, including travel time and

  3  costs.

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

  5  or neglect, or substance abuse.

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

  7  visitation or child support.

  8         (e)  Guidelines promulgated by the court regarding

  9  attendance requirements.

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

11         (4)  COURSE CURRICULUM.--

12         (a)  The parent education and family stabilization

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

14  topics as they relate to court actions between parents

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

16  children:

17         1.  Legal aspects of deciding child-related issues

18  between parents.

19         2.  Emotional aspects of separation and divorce on

20  adults.

21         3.  Emotional aspects of separation and divorce on

22  children.

23         4.  Family relationships and family dynamics.

24         5.  Financial responsibilities to a child or children.

25         6.  Issues regarding spousal or child abuse and

26  neglect.

27         7.  Skill-based relationship education that may be

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

29  civic relationships.

30         (b)  Information regarding spousal and child abuse and

31  neglect shall be included in every parent education and family


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                                         HB 1019, Second Engrossed



  1  stabilization course. A list of local agencies that provide

  2  assistance with such issues shall also be provided.

  3         (c)  The parent education and family stabilization

  4  course shall be educational in nature and shall not be

  5  designed to provide individual mental health therapy for

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

  7  children.

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

  9         (a)  All course providers who provide information

10  regarding legal aspects of actions pertaining to custody,

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

12  following qualifications:

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

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

15  practice.

16         (b)  All program providers who provide information

17  regarding the emotional aspects of divorce or other actions

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

19  children or adults shall have the following qualifications:

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

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

22  degree or doctorate in social work, marriage and family

23  therapy, or mental health counseling licensed pursuant to

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

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

26  another state within the United States; and

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

28  or family counseling.

29         3.  An official representative of a religious

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

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


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                                         HB 1019, Second Engrossed



  1  this section of the course, if the representative can

  2  demonstrate relevant training.

  3         (c)  Course providers shall not solicit participants

  4  from the sessions they conduct to become private clients or

  5  patients.

  6         (d)  Course providers shall not give individual legal

  7  advice or mental health therapy.

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

  9  232.246, Florida Statutes, is amended to read:

10         232.246  General requirements for high school

11  graduation.--

12         (1)  Graduation requires successful completion of

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

14  or an International Baccalaureate curriculum. The 24 credits

15  shall be distributed as follows:

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

17  include consumer education, positive emotional development,

18  marriage and relationship skill-based education, nutrition,

19  prevention of human immunodeficiency virus infection and

20  acquired immune deficiency syndrome and other sexually

21  transmissible diseases, benefits of sexual abstinence and

22  consequences of teenage pregnancy, information and instruction

23  on breast cancer detection and breast self-examination,

24  cardiopulmonary resuscitation, drug education, and the hazards

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

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

27

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

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

30  nonpaid voluntary community or school service work.  Students

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


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                                         HB 1019, Second Engrossed



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

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

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

  4  approve the award of credit for student volunteer service

  5  shall develop guidelines regarding the award of the credit,

  6  and school principals are responsible for approving specific

  7  volunteer activities. A course designated in the Course Code

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

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

10  requirements or Florida Academic Scholar's Certificate Program

11  requirements as specified in a district's pupil progression

12  plan.

13         Section 8.  Paragraph (d) is added to subsection (1) of

14  section 28.101, Florida Statutes, to read:

15         28.101  Petitions and records of dissolution of

16  marriage; additional charges.--

17         (1)  When a party petitions for a dissolution of

18  marriage, in addition to the filing charges in s. 28.241, the

19  clerk shall collect and receive:

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

21  shall transfer the moneys collected pursuant to this paragraph

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

23  25.388 for the specific purpose of funding the handbook and

24  materials created pursuant to s. 741.0307.  Such funds

25  generated shall be directed to the Department of Children and

26  Family Services.  The department will be responsible for

27  administering these funds in accordance with the provisions of

28  this act as well as having the authority to solicit grants and

29  donations to carry out the provisions of this act.

30         Section 9.  Section 25.388, Florida Statutes, is

31  amended to read:


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                                         HB 1019, Second Engrossed



  1         25.388  Family Courts Trust Fund.--

  2         (1)(a)  The trust fund moneys in the Family Courts

  3  Trust Fund, administered by the Supreme Court, shall be used

  4  to implement family court plans in all judicial circuits of

  5  this state.

  6         (b)  The Supreme Court, through the Office of the State

  7  Courts Administrator, shall adopt a comprehensive plan for the

  8  operation of the trust fund and the expenditure of any moneys

  9  deposited into the trust fund. The plan shall provide for a

10  comprehensive integrated response to families in litigation,

11  including domestic violence matters, guardian ad litem

12  programs, mediation programs, legal support, training,

13  automation, and other related costs incurred to benefit the

14  citizens of the state and the courts in relation to family law

15  cases.

16         (2)  As part of its comprehensive plan, the Supreme

17  Court shall evaluate the necessity for an installment plan or

18  a waiver for any or all of the fees based on financial

19  necessity and report such findings to the Legislature.

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

21  generated from fees assessed pursuant to ss. s. 28.101 and

22  741.01(4).

23         (4)  This section shall stand repealed on July 1, 1998.

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

25  year in which enacted.

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