HB 1067

1	A bill to be entitled
2	An act relating to domestic partnerships; creating s.
3	741.501, F.S.; providing legislative findings and stating
4	the policy of this state; creating s. 741.502, F.S.;
5	providing definitions; creating s. 741.503, F.S.;
6	requiring the Department of Health to create and
7	distribute the Declaration of Domestic Partnership and
8	Certificate of Registered Domestic Partnership forms to
9	each clerk of the circuit court; requiring the department
10	and each clerk of the circuit court to make the
11	Declaration of Domestic Partnership forms available to the
12	public; creating s. 741.504, F.S.; describing the required
13	contents of the Declaration of Domestic Partnership;
14	providing that if a person files an intentionally and
15	materially false Declaration of Domestic Partnership form
16	he or she commits a misdemeanor of the first degree;
17	providing criminal penalties; creating s. 741.505, F.S.;
18	requiring two individuals who wish to become partners in a
19	domestic partnership to complete and file a Declaration of
20	Domestic Partnership form with the clerk of the circuit
21	court; providing for the clerk of the circuit court to
22	register the Declaration of Domestic Partnership in a
23	domestic partnership registry and return a copy of the
24	registered form and a Certificate of Registered Domestic
25	Partnership to the partners; providing that each partner
26	who signs a Declaration of Domestic Partnership consents
27	to the jurisdiction of the circuit court of this state for
28	certain specified purposes; providing that the registry of
29	domestic partnerships maintained by the clerk is a public
30	record; creating s. 741.506, F.S.; prohibiting certain
31	specified domestic partnerships; creating s. 741.507,
32	F.S.; providing that the circuit court has jurisdiction
33	over any proceeding relating to the domestic partners'
34	rights and obligations, including a petition for
35	dissolution or annulment of the domestic partnership;
36	creating s. 741.508, F.S.; authorizing the domestic
37	partners to retain surnames; creating s. 741.509, F.S.;
38	providing that any privilege, immunity, right, or benefit
39	granted by statute, administrative regulation, or court
40	order, policy, common law, or any other law to an
41	individual because the individual is or was an in-law in a
42	specified way to another individual, is granted on
43	equivalent terms, substantive and procedural, to an
44	individual because the individual is or was in a domestic
45	partnership or because the individual is or was, based on
46	a domestic partnership, related in a specified way to
47	another individual; providing that the act does not
48	require or permit the extension of any benefit under a
49	retirement, deferred compensation, or other employee
50	benefit plan, if the plan administrator reasonably
51	concludes that the extension of benefits to domestic
52	partners would conflict with a condition for tax
53	qualification of the plan, or a condition for other
54	favorable tax treatment of the plan, under the Internal
55	Revenue Code or regulations adopted under the Internal
56	Revenue Code; amending ss. 28.101 and 28.24, F.S.; setting
57	forth fees and costs to be applied when petitioning for a
58	dissolution of a domestic partnership or registering a
59	Declaration of Domestic Partnership, respectively;
60	amending s. 97.1031, F.S.; providing notice to the
61	supervisor of elections concerning a change of name due to
62	registering a Declaration of Domestic Partnership;
63	creating s. 220.121, F.S.; providing applicability of
64	domestic partnerships to the tax laws of this state;
65	amending s. 382.002, F.S.; defining the term "dissolution
66	of a domestic partnership" for purposes of vital records;
67	including a declaration of domestic partnership and a
68	dissolution of a domestic partnership as vital records in
69	this state; amending s. 382.003, F.S.; requiring the
70	Department of Health to monitor declarations of domestic
71	partnership forms and dissolution of domestic partnership
72	reports sent from the circuit courts; amending s.
73	382.0085, F.S.; conforming a cross-reference; amending s.
74	382.021, F.S.; requiring the clerk of the circuit court to
75	transmit all original Declarations of Domestic Partnership
76	forms to the Department of Health by a specified date each
77	month; amending ss. 382.022 and 382.023, F.S.; requiring
78	the clerk of the circuit court to collect a fee after
79	receiving each Declaration of Domestic Partnership form
80	and requiring the clerk of the circuit court to collect a
81	fee upon filing a final judgment in each dissolution of
82	domestic partnership proceeding, respectively; amending s.
83	382.025, F.S.; authorizing the Department of Health to
84	issue a certified copy of certain records to a domestic
85	partner; amending s. 382.0255, F.S.; providing that the
86	Department of Health is entitled to a specified fee for
87	the issuance of a commemorative certificate of domestic
88	partnership; amending s. 446.50, F.S.; requiring that
89	funds generated from additional fees collected from
90	Declarations of Domestic Partnership and dissolution of
91	domestic partnership filings be deposited in the Displaced
92	Homemaker Trust Fund; amending s. 741.01, F.S.; requiring
93	the clerk of the circuit court to collect enumerated fees
94	for registering a Declaration of Domestic Partnership;
95	amending s. 741.011, F.S.; authorizing the clerk of the
96	circuit court to accept installment payments from
97	individuals who are unable to pay the fees to register a
98	Declaration of Domestic Partnership in a lump sum;
99	amending s. 741.02, F.S.; requiring the clerk of the
100	circuit court to collect an additional fee upon
101	registering a Declaration of Domestic Partnership;
102	amending s. 741.09, F.S.; requiring the clerk of the
103	circuit court to keep complete and accurate records of all
104	declarations of domestic partnerships registered in that
105	circuit; amending s. 741.10, F.S.; providing for methods
106	to prove the existence of a registered Declaration
107	Domestic Partnership when the certificate document has
108	been lost or is otherwise unavailable; amending s. 741.28,
109	F.S.; redefining the term "family or household member" in
110	the context of domestic violence to include a domestic
111	partnership; reenacting ss. 921.0024(1)(b) and
112	943.171(2)(b), F.S., relating to the worksheet form for
113	the Criminal Punishment Code and the basic skills training
114	for domestic violence cases, respectively, to incorporate
115	the amendments made to s. 741.28, F.S., in a reference
116	thereto; providing an effective date.
117
118	Be It Enacted by the Legislature of the State of Florida:
119
120	Section 1.  Section 741.501, Florida Statutes, is created
121	to read:
122	741.501  Legislative findings; purpose.--The Legislature
123	finds that:
124	(1)  There are a significant number of individuals in this
125	state who choose to live together in an important, personal,
126	emotional, and economically committed relationship. These
127	individuals live together, serve and participate together in the
128	community, and often rear children and care for family members
129	together.
130	(2)  These familial relationships, which are known as
131	domestic partnerships, assist the state by establishing a
132	private network of support for the financial, physical, and
133	emotional health of their participants.
134	(3)  While some public and private institutions choose to
135	recognize these familial relationships for limited purposes such
136	as health benefits, hospital visitation, and medical
137	decisionmaking for an incapacitated family member, many do not.
138	Additionally, legal recognition of marriage by the state is the
139	primary and, in a number of instances, the exclusive source of
140	numerous rights, benefits, and responsibilities available to
141	families under the law of this state.
142	(4)  Because of the material and other support that these
143	familial relationships provide to their participants, the
144	Legislature believes that they should be formally recognized and
145	made uniform by law.
146	(5)  The Legislature recognizes that marriage is limited to
147	the union of one man and one woman by Art. I of the State
148	Constitution, and the Legislature does not seek to, and
149	recognizes that it cannot, alter the definition of marriage in
150	any way. The Legislature also recognizes that, while far short
151	of the full legal and social rights, responsibilities, and
152	recognition afforded by marriage, domestic partnerships extend
153	important rights, responsibilities, and recognition to
154	individuals who choose to form long-term, mutually supportive
155	relationships. Recognition of domestic partnerships by the state
156	will provide support to these familial relationships without
157	affecting the definition of marriage, without creating or
158	recognizing a legal relationship that is the substantial
159	equivalent of marriage, and without affecting restrictions
160	contained in federal law.
161	(6)  This state has a strong interest in promoting stable
162	and lasting families, and all families should be provided with
163	the opportunity to obtain necessary legal protections and status
164	and the ability to achieve their fullest potential.
165	(7)  The Legislature leaves it to the dictates and
166	conscience of partners entering into a domestic partnership to
167	determine whether to seek a ceremony or blessing over the
168	domestic partnership and to the dictates of each religious faith
169	to determine whether to offer or permit a ceremony or blessing
170	of domestic partnerships. Sections 741.501-741.509 do not
171	require performance of any solemnization ceremony to enter into
172	a binding domestic partnership agreement, and providing familial
173	recognition through a domestic partnership system in no way
174	interferes with the right of each religious faith to choose
175	freely to whom to grant the religious status, sacrament, or
176	blessing of marriage under the rules and practices of that
177	faith.
178	(8)  Therefore, the Legislature declares that it is the
179	policy of this state to establish and define the rights and
180	responsibilities of domestic partners.
181	Section 2.  Section 741.502, Florida Statutes, is created
182	to read:
183	741.502  Domestic partnerships; definitions.--As used in
184	this ss. 741.501-741-509, the term:
185	(1)  "Department" means the Department of Health.
186	(2)  "Domestic partnership" means a civil contract entered
187	into between two individuals who are 18 years of age or older
188	and who are otherwise capable, at least one of whom is a
189	resident of this state.
190	(3)  "Partner" means an individual joined in a domestic
191	partnership.
192	Section 3.  Section 741.503, Florida Statutes, is created
193	to read:
194	741.503  Declaration of domestic partnership; certificate
195	of registered domestic partnership.--
196	(1)  The department shall prepare forms entitled:
197	(a)  "Declaration of Domestic Partnership" meeting the
198	requirements of s. 741.504; and
199	(b)  "Certificate of Registered Domestic Partnership."
200	(2)  The department shall distribute the Declaration of
201	Domestic Partnership and Certificate of Registered Domestic
202	Partnership forms to each clerk of the circuit court. The
203	department and each clerk shall make the Declaration of Domestic
204	Partnership forms available to the public.
205	Section 4.  Section 741.504, Florida Statutes, is created
206	to read:
207	741.504  Domestic partnership; requirements.--
208	(1)  Each individual who desires to become a partner in a
209	domestic partnership must execute and file a Declaration of
210	Domestic Partnership. The declaration must include:
211	(a)  A statement that the individual is 18 years of age or
212	older and is otherwise capable to enter into a domestic
213	partnership.
214	(b)  A statement that the individual is a resident of this
215	state.
216	(c)  The individual's mailing address.
217	(d)  A statement that the individual consents to the
218	jurisdiction of the circuit courts of this state for the purpose
219	of an action to obtain a judgment of dissolution or annulment of
220	the domestic partnership or for legal separation of the partners
221	in the domestic partnership, or for any other proceeding related
222	to the partners' rights and obligations, even if one or both
223	partners cease to reside in, or to maintain a domicile in, this
224	state.
225	(e)  A signature by the individual, acknowledged by a
226	notary public, along with a declaration that representations
227	made on the form are true, correct, and contain no material
228	omissions of fact to the best knowledge and belief of the
229	individual.
230	(f)  Both partners' signatures affixed to one Declaration
231	of Domestic Partnership form.
232	(2)  A person who files an intentionally and materially
233	false Declaration of Domestic Partnership form with the clerk of
234	court commits a misdemeanor of the first degree, punishable as
235	provided in s. 775.082 or s. 775.083.
236	Section 5.  Section 741.505, Florida Statutes, is created
237	to read:
238	741.505  Domestic partnership; creation and registration.--
239	(1)  Two individuals wishing to become partners in a
240	domestic partnership may complete and file a Declaration of
241	Domestic Partnership with the clerk of the circuit court.
242	(2)  In accordance with the requirements of s. 741.504, the
243	clerk of the circuit court may accept any reasonable proof of an
244	individual's age which is satisfactory to the clerk. The clerk
245	may require proof of age by affidavit of some individual other
246	than either of the parties seeking to file the Declaration of
247	Domestic Partnership if the clerk finds it necessary in order to
248	determine the age of the individual to the clerk's satisfaction.
249	(3)  If all legal requirements of ss. 741.502-741.509 have
250	been satisfied, the clerk of the circuit court shall register
251	the Declaration of Domestic Partnership in a domestic
252	partnership registry and return a copy of the registered form
253	and a Certificate of Registered Domestic Partnership to the
254	partners in person or at the mailing address provided by the
255	partners.
256	(4)  Notwithstanding s. 61.021, each person signing a
257	Declaration of Domestic Partnership consents to the jurisdiction
258	of the circuit courts of this state for the purpose of an action
259	to obtain a judgment of dissolution or annulment of the domestic
260	partnership, for legal separation of the partners in the
261	domestic partnership, or for any other proceeding related to the
262	partners' rights and obligations, even if one or both partners
263	cease to reside in, or to maintain a domicile in, this state.
264	(5)  An individual who has filed a Declaration of Domestic
265	Partnership may not file a new Declaration of Domestic
266	Partnership or enter a marriage recognized in this state with
267	someone other than the individual's registered partner unless a
268	judgment of dissolution or annulment of the most recent domestic
269	partnership has been entered. This prohibition does not apply if
270	the previous domestic partnership ended because one of the
271	partners died.
272	(6)  Notwithstanding s. 382.025 or any other law, the
273	registry of domestic partnerships maintained by a clerk of the
274	circuit court is a public record and subject to full disclosure.
275	Section 6.  Section 741.506, Florida Statutes, is created
276	to read:
277	741.506  Domestic partnerships prohibited and void.--
278	(1)  The following domestic partnerships are prohibited and
279	void:
280	(a)  If either party to the domestic partnership has a
281	different partner, or a wife or husband recognized by the State
282	of Florida, living at the time of the domestic partnership.
283	(b)  If the parties to the domestic partnership are related
284	by lineal consanguinity or are siblings, or if one party is the
285	niece or nephew of the other party.
286	(2)  If either party to a domestic partnership is incapable
287	of making the civil contract or consenting to the contract for
288	want of legal age or sufficient understanding or if the consent
289	of either party is obtained by force or fraud, the domestic
290	partnership is void from the time it is so declared by a
291	judgment of a court having jurisdiction of the domestic
292	partnership.
293	Section 7.  Section 741.507, Florida Statutes, is created
294	to read:
295	741.507  Domestic partnership; enforcement; dissolution and
296	annulment.--The circuit court has jurisdiction over any
297	proceeding relating to the domestic partners' rights and
298	obligations, including a petition for dissolution or annulment
299	of the domestic partnership.
300	Section 8.  Section 741.508, Florida Statutes, is created
301	to read:
302	741.508  Domestic partnership; name change.--Upon entering
303	into a domestic partnership, an individual may retain the
304	individual's previous surname and either individual may resume
305	the individual's previous legal name during the domestic
306	partnership.
307	Section 9.  Section 741.509, Florida Statutes, is created
308	to read:
309	741.509  Domestic partnership; rights and responsibilities;
310	no conflict with federal law.--
311	(1)  Any privilege, immunity, right, or benefit granted by
312	statute, administrative or court rule, policy, common law, or
313	any other law to an individual because the individual is or was
314	an in-law in a specified way to another individual, is granted
315	on equivalent terms, substantive and procedural, to an
316	individual because the individual is or was in a domestic
317	partnership or because the individual is or was, based on a
318	domestic partnership, related in a specified way to another
319	individual.
320	(2)  Any responsibility imposed by statute, administrative
321	or court rule, policy, common law, or any other law on an
322	individual because the individual is or was married, or because
323	the individual is or was an in-law in a specified way to another
324	individual, is imposed on equivalent terms, substantive and
325	procedural, on an individual because the individual is or was,
326	based on a domestic partnership, related in a specified way to
327	another individual.
328	(3)  Any privilege, immunity, right, benefit, or
329	responsibility granted or imposed by statute, administrative or
330	court rule, policy, common law, or any other law to or on a
331	spouse with respect to a child of either of the spouses is
332	granted or imposed on equivalent terms, substantive and
333	procedural, to or on a partner with respect to a child of either
334	of the partners.
335	(4)  Any privilege, immunity, right, benefit, or
336	responsibility granted or imposed by statute, administrative or
337	court rule, policy, common law, or any other law to or on a
338	former or surviving spouse with respect to a child of either of
339	the spouses is granted or imposed on equivalent terms,
340	substantive and procedural, to or on a former or surviving
341	partner with respect to a child of either of the partners.
342	(5)  Many of the laws of this state are intertwined with
343	federal law, and the Legislature recognizes that it does not
344	have the jurisdiction to control federal laws or the privileges,
345	immunities, rights, benefits, and responsibilities related to
346	federal laws.
347	(6)  Sections 741.502-741.509 do not require or permit the
348	extension of any benefit under any retirement, deferred
349	compensation, or other employee benefit plan, if the plan
350	administrator reasonably concludes that the extension of
351	benefits would conflict with a condition for tax qualification
352	of the plan, or a condition for other favorable tax treatment of
353	the plan, under the Internal Revenue Code or regulations adopted
354	under the Internal Revenue Code.
355	(7)  Sections 741.502-741.509 do not require the extension
356	of any benefit under any employee benefit plan that is subject
357	to federal regulation under the Employee Retirement Income
358	Security Act of 1974.
359	(8)  For purposes of administering the tax laws of this
360	state, partners in a domestic partnership, surviving partners in
361	a domestic partnership, and the children of partners in a
362	domestic partnership have the same privileges, immunities,
363	rights, benefits, and responsibilities as are granted to or
364	imposed on spouses in a marriage, surviving spouses, and their
365	children.
366	Section 10.  Section 28.101, Florida Statutes, is amended
367	to read:
368	28.101  Petitions and records of dissolution of marriage
369	and domestic partnership; additional charges.--
370	(1)  When a party petitions for a dissolution of marriage
371	or domestic partnership, in addition to the filing charges in s.
372	28.241, the clerk shall collect and receive:
373	(a)  A charge of $5. On a monthly basis, the clerk shall
374	transfer the moneys collected pursuant to this paragraph to the
375	Department of Revenue for deposit in the Child Welfare Training
376	Trust Fund created in s. 402.40.
377	(b)  A charge of $5. On a monthly basis, the clerk shall
378	transfer the moneys collected pursuant to this paragraph to the
379	Department of Revenue for deposit in the Displaced Homemaker
380	Trust Fund created in s. 446.50. If a petitioner does not have
381	sufficient funds with which to pay this fee and signs an
382	affidavit so stating, all or a portion of the fee shall be
383	waived subject to a subsequent order of the court relative to
384	the payment of the fee.
385	(c)  A charge of $55. On a monthly basis, the clerk shall
386	transfer the moneys collected pursuant to this paragraph to the
387	Department of Revenue for deposit in the Domestic Violence Trust
388	Fund. Such funds which are generated shall be directed to the
389	Department of Children and Family Services for the specific
390	purpose of funding domestic violence centers.
391	(d)  A charge of $32.50. On a monthly basis, the clerk
392	shall transfer the moneys collected pursuant to this paragraph
393	as follows:
394	1.  An amount of $7.50 to the Department of Revenue for
395	deposit in the Displaced Homemaker Trust Fund.
396	2.  An amount of $25 to the Department of Revenue for
397	deposit in the General Revenue Fund.
398	(2)  Upon receipt of a final judgment of dissolution of
399	marriage or dissolution of domestic partnership for filing, and
400	in addition to the filing charges in s. 28.241, the clerk may
401	collect and receive a service charge of up to $10.50 pursuant to
402	s. 382.023 for the recording and reporting of such final
403	judgment of dissolution of marriage or dissolution of domestic
404	partnership to the Department of Health.
405	Section 11.  Subsection (23) of section 28.24, Florida
406	Statutes, is amended to read:
407	28.24  Service charges by clerk of the circuit court.--The
408	clerk of the circuit court shall charge for services rendered by
409	the clerk's office in recording documents and instruments and in
410	performing the duties enumerated in amounts not to exceed those
411	specified in this section. Notwithstanding any other provision
412	of this section, the clerk of the circuit court shall provide
413	without charge to the state attorney, public defender, guardian
414	ad litem, public guardian, attorney ad litem, criminal conflict
415	and civil regional counsel, and private court-appointed counsel
416	paid by the state, and to the authorized staff acting on behalf
417	of each, access to and a copy of any public record, if the
418	requesting party is entitled by law to view the exempt or
419	confidential record, as maintained by and in the custody of the
420	clerk of the circuit court as provided in general law and the
421	Florida Rules of Judicial Administration. The clerk of the
422	circuit court may provide the requested public record in an
423	electronic format in lieu of a paper format when capable of
424	being accessed by the requesting entity.
425
426	Charges
427	(23)  Upon receipt of an application for a marriage license
428	or an application to register a Declaration of Domestic
429	Partnership, for preparing and administering of oath; issuing,
430	sealing, and recording of the marriage license or for
431	registering the Declaration of Domestic Partnership; and
432	providing a certified copy....30.00
433	Section 12.  Subsection (2) of section 97.1031, Florida
434	Statutes, is amended to read:
435	97.1031  Notice of change of residence, change of name, or
436	change of party affiliation.--
437	(2)  When an elector moves from the address named on that
438	person's voter registration record to another address in a
439	different county but within the state, the elector seeks to
440	change party affiliation, or the name of an elector is changed
441	by marriage, registered Declaration of Domestic Partnership, or
442	other legal process, the elector shall provide notice of such
443	change to a voter registration official using a voter
444	registration application signed by the elector. A voter
445	information card reflecting the new information shall be issued
446	to the elector as provided in subsection (3).
447	Section 13.  Section 220.121, Florida Statutes, is created
448	to read:
449	220.121  Application to domestic partnerships.--This
450	chapter applies to partners in a domestic partnership, as
451	defined in s. 741.502, and surviving partners as if federal
452	income tax law recognized a domestic partnership in the same
453	manner as Florida law.
454	Section 14.  Present subsections (6) through (16) of
455	section 382.002, Florida Statutes, are renumbered as subsections
456	(7) through (17), respectively, a new subsection (6) is added to
457	that section, and present subsections (7), (8), and (15) of that
458	section are amended, to read:
459	382.002  Definitions.--As used in this chapter, the term:
460	(6)  "Dissolution of domestic partnership" includes an
461	annulment of domestic partnership.
462	(8)(7)  "Final disposition" means the burial, interment,
463	cremation, removal from the state, or other authorized
464	disposition of a dead body or a fetus as described in subsection
465	(7) (6). In the case of cremation, dispersion of ashes or
466	cremation residue is considered to occur after final
467	disposition; the cremation itself is considered final
468	disposition.
469	(9)(8)  "Funeral director" means a licensed funeral
470	director or direct disposer licensed pursuant to chapter 497 or
471	other person who first assumes custody of or effects the final
472	disposition of a dead body or a fetus as described in subsection
473	(7) (6).
474	(16)(15)  "Vital records" or "records" means certificates
475	or reports of birth, death, fetal death, marriage, dissolution
476	of marriage, declaration of domestic partnership, dissolution of
477	domestic partnership, name change filed pursuant to s. 68.07,
478	and data related thereto.
479	Section 15.  Subsection (7) of section 382.003, Florida
480	Statutes, is amended to read:
481	382.003  Powers and duties of the department.--The
482	department may:
483	(7)  Approve all forms used in registering, recording,
484	certifying, and preserving vital records, or in otherwise
485	carrying out the purposes of this chapter, and no other forms
486	shall be used other than those approved by the department. The
487	department is responsible for the careful examination of the
488	certificates received monthly from the local registrars and
489	marriage certificates, and dissolution of marriage reports,
490	declarations of domestic partnership reports, and dissolution of
491	domestic partnership reports received from the circuit and
492	county courts. A certificate that is complete and satisfactory
493	shall be accepted and given a state file number and considered a
494	state-filed record. If any such certificates are incomplete or
495	unsatisfactory, the department shall require further information
496	to be supplied as may be necessary to make the record complete
497	and satisfactory. All physicians, midwives, informants, or
498	funeral directors, and all other persons having knowledge of the
499	facts, are required to supply, upon a form approved by the
500	department or upon the original certificate, such information as
501	they may possess regarding any vital record.
502	Section 16.  Subsection (9) of section 382.0085, Florida
503	Statutes, is amended to read:
504	382.0085  Stillbirth registration.--
505	(9)  This section or s. 382.002(15)(14) may not be used to
506	establish, bring, or support a civil cause of action seeking
507	damages against any person or entity for bodily injury, personal
508	injury, or wrongful death for a stillbirth.
509	Section 17.  Section 382.021, Florida Statutes, is amended
510	to read:
511	382.021  Department to receive marriage licenses and
512	registered Declarations of Domestic Partnership.--On or before
513	the 5th day of each month, the county court judge or clerk of
514	the circuit court shall transmit all original marriage licenses,
515	with endorsements, and all Declarations of Domestic Partnership
516	received during the preceding calendar month, to the department.
517	Any marriage licenses issued and not returned or any marriage
518	licenses returned but not recorded shall be reported by the
519	issuing county court judge or clerk of the circuit court to the
520	department at the time of transmitting the recorded licenses on
521	the forms to be prescribed and furnished by the department. If
522	during any month no marriage licenses are issued or returned, or
523	no Declarations of Domestic Partnership are registered, the
524	county court judge or clerk of the circuit court shall report
525	such fact to the department upon forms prescribed and furnished
526	by the department.
527	Section 18.  Section 382.022, Florida Statutes, is amended
528	to read:
529	382.022  Marriage application; registration of Declaration
530	of Domestic Partnership; fees.--Upon the receipt of each
531	application for the issuance of a marriage license, or upon
532	registering a Declaration of Domestic Partnership, the county
533	court judge or clerk of the circuit court shall, pursuant to s.
534	741.02, collect and receive a fee of $4 which shall be remitted
535	to the Department of Revenue for deposit to the Department of
536	Health to defray part of the cost of maintaining marriage and
537	registered domestic partnership records.
538	Section 19.  Section 382.023, Florida Statutes, is amended
539	to read:
540	382.023  Department to receive dissolution-of-marriage and
541	dissolution-of-domestic-partnership records; fees.--Clerks of
542	the circuit courts shall collect for their services at the time
543	of the filing of a final judgment of dissolution of marriage or
544	dissolution-of-domestic-partnership a fee of up to $10.50, of
545	which 43 percent shall be retained by the clerk of the circuit
546	court as a part of the cost in the cause in which the judgment
547	is granted. The remaining 57 percent shall be remitted to the
548	Department of Revenue for deposit to the Department of Health to
549	defray part of the cost of maintaining the dissolution-of-
550	marriage and dissolution-of-domestic-partnership records. A
551	record of each and every judgment of dissolution of marriage and
552	dissolution of domestic partnership granted by the court during
553	the preceding calendar month, giving names of parties and such
554	other data as required by forms prescribed by the department,
555	shall be transmitted to the department, on or before the 10th
556	day of each month, along with an accounting of the funds
557	remitted to the Department of Revenue pursuant to this section.
558	Section 20.  Paragraph (a) of subsection (1) and paragraphs
559	(a) and (c) of subsection (2) of section 382.025, Florida
560	Statutes, are amended to read:
561	382.025  Certified copies of vital records;
562	confidentiality; research.--
563	(1)  BIRTH RECORDS.--Except for birth records over 100
564	years old which are not under seal pursuant to court order, all
565	birth records of this state shall be confidential and are exempt
566	from the provisions of s. 119.07(1).
567	(a)  Certified copies of the original birth certificate or
568	a new or amended certificate, or affidavits thereof, are
569	confidential and exempt from the provisions of s. 119.07(1) and,
570	upon receipt of a request and payment of the fee prescribed in
571	s. 382.0255, shall be issued only as authorized by the
572	department and in the form prescribed by the department, and
573	only:
574	1.  To the registrant, if of legal age;
575	2.  To the registrant's parent or guardian or other legal
576	representative;
577	3.  Upon receipt of the registrant's death certificate, to
578	the registrant's spouse or domestic partner or to the
579	registrant's child, grandchild, or sibling, if of legal age, or
580	to the legal representative of any of such persons;
581	4.  To any person if the birth record is over 100 years old
582	and not under seal pursuant to court order;
583	5.  To a law enforcement agency for official purposes;
584	6.  To any agency of the state or the United States for
585	official purposes upon approval of the department; or
586	7.  Upon order of any court of competent jurisdiction.
587	(2)  OTHER RECORDS.--
588	(a)  The department shall authorize the issuance of a
589	certified copy of all or part of any marriage, dissolution of
590	marriage, domestic partnership, dissolution of domestic
591	partnership, or death or fetal death certificate, excluding that
592	portion which is confidential and exempt from the provisions of
593	s. 119.07(1) as provided under s. 382.008, to any person
594	requesting it upon receipt of a request and payment of the fee
595	prescribed by this section. A certification of the death or
596	fetal death certificate which includes the confidential portions
597	shall be issued only:
598	1.  To the registrant's spouse or domestic partner, or
599	parent, or to the registrant's child, grandchild, or sibling, if
600	of legal age, or to any person who provides a will that has been
601	executed pursuant to s. 732.502, insurance policy, or other
602	document that demonstrates his or her interest in the estate of
603	the registrant, or to any person who provides documentation that
604	he or she is acting on behalf of any of them;
605	2.  To any agency of the state or local government or the
606	United States for official purposes upon approval of the
607	department; or
608	3.  Upon order of any court of competent jurisdiction.
609	(c)  The department shall issue, upon request and upon
610	payment of an additional fee prescribed by this section, a
611	commemorative marriage license or Certificate of Registered
612	Domestic Partnership representing that the marriage or domestic
613	partnership of the persons named thereon is recorded in the
614	office of the registrar. The certificate issued under this
615	paragraph shall be in a form consistent with the need to protect
616	the integrity of vital records but shall be suitable for
617	display. It may bear the seal of the state printed thereon and
618	may be signed by the Governor.
619	Section 21.  Paragraph (i) of subsection (1) of section
620	382.0255, Florida Statutes, is amended to read:
621	382.0255  Fees.--
622	(1)  The department is entitled to fees, as follows:
623	(i)  Twenty-five dollars for a commemorative certificate of
624	birth, or marriage, or domestic partnership. Fees collected
625	pursuant to this paragraph in excess of expenses shall be
626	available for use by the Regional Perinatal Intensive Care
627	Centers (RPICC) Program to prevent child abuse and neglect.
628	Funds derived from the issuance of commemorative marriage
629	certificates shall be available for use by the Improved
630	Pregnancy Outcome Program.
631	Section 22.  Paragraph (b) of subsection (5) of section
632	446.50, Florida Statutes, is amended to read:
633	446.50  Displaced homemakers; multiservice programs; report
634	to the Legislature; Displaced Homemaker Trust Fund created.--
635	(5)  DISPLACED HOMEMAKER TRUST FUND.--
636	(b)  The trust fund shall receive funds generated from an
637	additional fee on marriage license applications, Declarations of
638	Domestic Partnership, and dissolution of marriage, and
639	dissolution of domestic partnership filings as specified in ss.
640	741.01(3) and 28.101, respectively, and may receive funds from
641	any other public or private source.
642	Section 23.  Section 741.01, Florida Statutes, is amended
643	to read:
644	741.01  County court judge or clerk of the circuit court to
645	issue marriage license; fee.--
646	(1)  Every marriage license shall be issued by a county
647	court judge or clerk of the circuit court under his or her hand
648	and seal. The county court judge or clerk of the circuit court
649	shall issue such license, upon application for the license, if
650	there appears to be no impediment to the marriage. The county
651	court judge or clerk of the circuit court shall collect and
652	receive a fee of $2 for receiving the application for the
653	issuance of a marriage license or for registering a Declaration
654	of Domestic Partnership.
655	(2)  The fee charged for each marriage license issued and
656	for each Declaration of Domestic Partnership registered in the
657	state shall be increased by the sum of $25. This fee shall be
658	collected upon receipt of the application for the issuance of a
659	marriage license or upon registering the Declaration of Domestic
660	Partnership and remitted by the clerk to the Department of
661	Revenue for deposit in the Domestic Violence Trust Fund. The
662	Executive Office of the Governor shall establish a Domestic
663	Violence Trust Fund for the purpose of collecting and disbursing
664	funds generated from the increase in the marriage license fee.
665	Such funds which are generated shall be directed to the
666	Department of Children and Family Services for the specific
667	purpose of funding domestic violence centers, and the funds
668	shall be appropriated in a "grants-in-aid" category to the
669	Department of Children and Family Services for the purpose of
670	funding domestic violence centers. From the proceeds of the
671	surcharge deposited into the Domestic Violence Trust Fund as
672	required under s. 938.08, the Executive Office of the Governor
673	may spend up to $500,000 each year for the purpose of
674	administering a statewide public-awareness campaign regarding
675	domestic violence.
676	(3)  Further, the fee charged for each marriage license
677	issued and for each Declaration of Domestic Partnership
678	registered in the state shall be increased by an additional sum
679	of $7.50 to be collected upon receipt of the application for the
680	issuance of a marriage license or upon registration of the
681	domestic partnership. The clerk shall transfer such funds
682	monthly to the Department of Revenue for deposit in the
683	Displaced Homemaker Trust Fund created in s. 446.50.
684	(4)  An additional fee of $25 shall be paid to the clerk
685	upon receipt of the application for issuance of a marriage
686	license and for each Declaration of Domestic Partnership
687	registered. The moneys collected shall be remitted by the clerk
688	to the Department of Revenue, monthly, for deposit in the
689	General Revenue Fund.
690	(5)  The fee charged for each marriage license issued in
691	the state shall be reduced by a sum of $32.50 for all couples
692	who present valid certificates of completion of a premarital
693	preparation course from a qualified course provider registered
694	under s. 741.0305(5) for a course taken no more than 1 year
695	before prior to the date of application for a marriage license.
696	For each license issued that is subject to the fee reduction of
697	this subsection, the clerk is not required to transfer the sum
698	of $7.50 to the Department of Revenue for deposit in the
699	Displaced Homemaker Trust Fund pursuant to subsection (3) or to
700	transfer the sum of $25 to the Department of Revenue for deposit
701	in the General Revenue Fund.
702	Section 24.  Section 741.011, Florida Statutes, is amended
703	to read:
704	741.011  Installment payments.--An applicant for a marriage
705	license or a Declaration of Domestic Partnership who is unable
706	to pay the fees required under s. 741.01 in a lump sum may make
707	payment in not more than three installments over a period of 90
708	days. The clerk shall accept installment payments upon receipt
709	of an affidavit that the applicant is unable to pay the fees in
710	a lump-sum payment. Upon receipt of the third or final
711	installment payment, the marriage license application shall be
712	deemed filed, and the clerk shall issue the marriage license to
713	the applicant or register the Declaration of Domestic
714	Partnership and distribute the fees as provided in s. 741.01. In
715	the event that the marriage license fee is paid in installments,
716	the clerk shall retain $1 from the additional fee imposed
717	pursuant to s. 741.01(4), as a processing fee.
718	Section 25.  Section 741.02, Florida Statutes, is amended
719	to read:
720	741.02  Additional fee.--Upon the receipt of each
721	application for the issuance of a marriage license or for
722	registering a Declaration of Domestic Partnership, the county
723	court judge or clerk of the circuit court shall, in addition to
724	the fee allowed by s. 741.01, collect and receive an additional
725	fee of $4, to be distributed as provided by s. 382.022.
726	Section 26.  Section 741.09, Florida Statutes, is amended
727	to read:
728	741.09  Record of license, and certificate, and registered
729	Declaration of Domestic Partnership.--The county court judge and
730	clerk of the circuit court shall keep a correct record of all
731	marriage licenses issued and domestic partnerships registered,
732	with the names of the parties and the date of issuing, and upon
733	the return of the license and certificate shall enter therein
734	the name of the person solemnizing the marriage and the date of
735	marriage.
736	Section 27.  Section 741.10, Florida Statutes, is amended
737	to read:
738	741.10  Proof of marriage or registered Declaration of
739	Domestic Partnership where no certificate available.--When any
740	marriage is or has been solemnized by any of the persons named
741	in s. 741.07, and such person has not made a certificate thereof
742	on the marriage license as required by s. 741.08, or when the
743	marriage license or registered Declaration of Domestic
744	Partnership has been lost, or when by reason of death or other
745	cause the proper certificate cannot be obtained, the marriage or
746	registered domestic partnership may be proved by affidavit
747	before any officer authorized to administer oaths made by two
748	competent witnesses who were present and saw the marriage
749	ceremony performed, or the Declaration of Domestic Partnership
750	executed under s. 741.505, which affidavit may be filed and
751	recorded in the office of the county court judge or clerk of the
752	circuit court from which the marriage license issued or in which
753	the Declaration of Domestic Partnership was registered, with the
754	same force and effect as in cases in which the proper
755	certificate has been made, returned and recorded.
756	Section 28.  Subsection (3) of section 741.28, Florida
757	Statutes, is amended to read:
758	741.28  Domestic violence; definitions.--As used in ss.
759	741.28-741.31:
760	(3)  "Family or household member" means spouses, former
761	spouses, persons related by blood, or marriage, or domestic
762	partnership, persons who are presently residing together as if a
763	family or who have resided together in the past as if a family,
764	and persons who are parents of a child in common regardless of
765	whether they have been married. With the exception of persons
766	who have a child in common, the family or household members must
767	be currently residing or have in the past resided together in
768	the same single dwelling unit.
769	Section 29.  For the purpose of incorporating the amendment
770	made by this act to section 741.28, Florida Statutes, in a
771	reference thereto, paragraph (b) of subsection (1) of section
772	921.0024, Florida Statutes, is reenacted to read:
773	921.0024  Criminal Punishment Code; worksheet computations;
774	scoresheets.--
775	(1)
776	(b)  WORKSHEET KEY:
777
778	Legal status points are assessed when any form of legal status
779	existed at the time the offender committed an offense before the
780	court for sentencing. Four (4) sentence points are assessed for
781	an offender's legal status.
782
783	Community sanction violation points are assessed when a
784	community sanction violation is before the court for sentencing.
785	Six (6) sentence points are assessed for each community sanction
786	violation and each successive community sanction violation,
787	unless any of the following apply:
788	1.  If the community sanction violation includes a new
789	felony conviction before the sentencing court, twelve (12)
790	community sanction violation points are assessed for the
791	violation, and for each successive community sanction violation
792	involving a new felony conviction.
793	2.  If the community sanction violation is committed by a
794	violent felony offender of special concern as defined in s.
795	948.06:
796	a.  Twelve (12) community sanction violation points are
797	assessed for the violation and for each successive violation of
798	felony probation or community control where:
799	(I)  The violation does not include a new felony
800	conviction; and
801	(II)  The community sanction violation is not based solely
802	on the probationer or offender's failure to pay costs or fines
803	or make restitution payments.
804	b.  Twenty-four (24) community sanction violation points
805	are assessed for the violation and for each successive violation
806	of felony probation or community control where the violation
807	includes a new felony conviction.
808
809	Multiple counts of community sanction violations before the
810	sentencing court shall not be a basis for multiplying the
811	assessment of community sanction violation points.
812
813	Prior serious felony points: If the offender has a primary
814	offense or any additional offense ranked in level 8, level 9, or
815	level 10, and one or more prior serious felonies, a single
816	assessment of thirty (30) points shall be added. For purposes of
817	this section, a prior serious felony is an offense in the
818	offender's prior record that is ranked in level 8, level 9, or
819	level 10 under s. 921.0022 or s. 921.0023 and for which the
820	offender is serving a sentence of confinement, supervision, or
821	other sanction or for which the offender's date of release from
822	confinement, supervision, or other sanction, whichever is later,
823	is within 3 years before the date the primary offense or any
824	additional offense was committed.
825
826	Prior capital felony points: If the offender has one or more
827	prior capital felonies in the offender's criminal record, points
828	shall be added to the subtotal sentence points of the offender
829	equal to twice the number of points the offender receives for
830	the primary offense and any additional offense. A prior capital
831	felony in the offender's criminal record is a previous capital
832	felony offense for which the offender has entered a plea of nolo
833	contendere or guilty or has been found guilty; or a felony in
834	another jurisdiction which is a capital felony in that
835	jurisdiction, or would be a capital felony if the offense were
836	committed in this state.
837
838	Possession of a firearm, semiautomatic firearm, or machine gun:
839	If the offender is convicted of committing or attempting to
840	commit any felony other than those enumerated in s. 775.087(2)
841	while having in his or her possession: a firearm as defined in
842	s. 790.001(6), an additional eighteen (18) sentence points are
843	assessed; or if the offender is convicted of committing or
844	attempting to commit any felony other than those enumerated in
845	s. 775.087(3) while having in his or her possession a
846	semiautomatic firearm as defined in s. 775.087(3) or a machine
847	gun as defined in s. 790.001(9), an additional twenty-five (25)
848	sentence points are assessed.
849
850	Sentencing multipliers:
851
852	Drug trafficking: If the primary offense is drug trafficking
853	under s. 893.135, the subtotal sentence points are multiplied,
854	at the discretion of the court, for a level 7 or level 8
855	offense, by 1.5. The state attorney may move the sentencing
856	court to reduce or suspend the sentence of a person convicted of
857	a level 7 or level 8 offense, if the offender provides
858	substantial assistance as described in s. 893.135(4).
859
860	Law enforcement protection: If the primary offense is a
861	violation of the Law Enforcement Protection Act under s.
862	775.0823(2), (3), or (4), the subtotal sentence points are
863	multiplied by 2.5. If the primary offense is a violation of s.
864	775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
865	are multiplied by 2.0. If the primary offense is a violation of
866	s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
867	Protection Act under s. 775.0823(10) or (11), the subtotal
868	sentence points are multiplied by 1.5.
869
870	Grand theft of a motor vehicle: If the primary offense is grand
871	theft of the third degree involving a motor vehicle and in the
872	offender's prior record, there are three or more grand thefts of
873	the third degree involving a motor vehicle, the subtotal
874	sentence points are multiplied by 1.5.
875
876	Offense related to a criminal gang: If the offender is convicted
877	of the primary offense and committed that offense for the
878	purpose of benefiting, promoting, or furthering the interests of
879	a criminal gang as prohibited under s. 874.04, the subtotal
880	sentence points are multiplied by 1.5.
881
882	Domestic violence in the presence of a child: If the offender is
883	convicted of the primary offense and the primary offense is a
884	crime of domestic violence, as defined in s. 741.28, which was
885	committed in the presence of a child under 16 years of age who
886	is a family or household member as defined in s. 741.28(3) with
887	the victim or perpetrator, the subtotal sentence points are
888	multiplied by 1.5.
889	Section 30.  For the purpose of incorporating the amendment
890	made by this act to section 741.28, Florida Statutes, in a
891	reference thereto, paragraph (b) of subsection (2) of section
892	943.171, Florida Statutes, is reenacted to read:
893	943.171  Basic skills training in handling domestic
894	violence cases.--
895	(2)  As used in this section, the term:
896	(b)  "Household member" has the meaning set forth in s.
897	741.28(3).
898	Section 31.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.