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