Florida Senate - 2009 SB 2310
By Senator Storms
10-01835D-09 20092310__
1 A bill to be entitled
2 An act relating to premarital preparation; amending s.
3 741.01, F.S.; providing for an additional marriage
4 license fee and distribution of proceeds; providing
5 for refund of this additional fee for completion of a
6 premarital preparation course; amending s. 741.011,
7 F.S.; conforming a provision to changes made by this
8 act; amending s. 741.0305, F.S.; increasing the
9 minimum number of hours of a premarital preparation
10 course; specifying that the use of a premarital
11 inventory may be a part of a premarital preparation
12 course; defining the term “premarital inventory”;
13 providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsections (4) and (5) of section 741.01,
18 Florida Statutes, are amended to read:
19 741.01 County court judge or clerk of the circuit court to
20 issue marriage license; fee.—
21 (4) An Additional fees fee of $25 shall be paid to the
22 clerk upon receipt of the application for issuance of a marriage
23 license and. The moneys collected shall be remitted by the clerk
24 to the Department of Revenue, monthly, as follows:
25 (a) Twenty-five dollars for deposit in the General Revenue
26 Fund.
27 (b) One hundred dollars for deposit in the Marriage
28 Education Trust Fund.
29 (5) The fee charged for each marriage license issued in the
30 state shall be reduced by a sum of $132.50 $32.50 for all
31 couples who present valid certificates of completion of a
32 premarital preparation course from a qualified course provider
33 registered under s. 741.0305(5) for a course taken no more than
34 1 year prior to the date of application for a marriage license.
35 For each license issued that is subject to the fee reduction of
36 this subsection, the clerk is not required to transfer the sum
37 of $7.50 to the Department of Revenue for deposit in the
38 Displaced Homemaker Trust Fund pursuant to subsection (3), or to
39 transfer the sum of $25 to the Department of Revenue for deposit
40 in the General Revenue Fund, or to transfer the sum of $100 to
41 the Department of Revenue for deposit in the Marriage Education
42 Trust Fund.
43 Section 2. Section 741.011, Florida Statutes, is amended to
44 read:
45 741.011 Installment payments.—An applicant for a marriage
46 license who is unable to pay the fees required under s. 741.01
47 in a lump sum may make payment in not more than three
48 installments over a period of 90 days. The clerk shall accept
49 installment payments upon receipt of an affidavit that the
50 applicant is unable to pay the fees in a lump-sum payment. Upon
51 receipt of the third or final installment payment, the marriage
52 license application shall be deemed filed, and the clerk shall
53 issue the marriage license to the applicant and distribute the
54 fees as provided in s. 741.01. In the event that the marriage
55 license fee is paid in installments, the clerk shall retain $1
56 from the additional fees fee imposed pursuant to s. 741.01(4),
57 divided equally among them, as a processing fee.
58 Section 3. Section 741.0305, Florida Statutes, is amended
59 to read:
60 741.0305 Marriage fee reduction for completion of
61 premarital preparation course; premarital inventory.—
62 (1) A man and a woman who intend to apply for a marriage
63 license under s. 741.04 may, together or separately, complete a
64 premarital preparation course of not less than 8 4 hours. Each
65 individual shall verify completion of the course by filing with
66 the application a valid certificate of completion from the
67 course provider, which certificate shall specify whether the
68 course was completed by personal instruction, videotape
69 instruction, instruction via other electronic medium, or a
70 combination of those methods. All individuals who complete a
71 premarital preparation course pursuant to this section must be
72 issued a certificate of completion at the conclusion of the
73 course by their course provider. Upon furnishing such
74 certificate when applying for a marriage license, the
75 individuals shall have their marriage license fee reduced by
76 $132.50 $32.50.
77 (2) The premarital preparation course may include use of a
78 premarital inventory and include instruction regarding:
79 (a) Conflict management.
80 (b) Communication skills.
81 (c) Financial responsibilities.
82 (d) Children and parenting responsibilities.
83 (e) Data compiled from available information relating to
84 problems reported by married couples who seek marital or
85 individual counseling.
86 (3)(a) All individuals electing to participate in a
87 premarital preparation course shall choose from the following
88 list of qualified instructors:
89 1. A psychologist licensed under chapter 490.
90 2. A clinical social worker licensed under chapter 491.
91 3. A marriage and family therapist licensed under chapter
92 491.
93 4. A mental health counselor licensed under chapter 491.
94 5. An official representative of a religious institution
95 which is recognized under s. 496.404(19), if the representative
96 has relevant training.
97 6. Any other provider designated by a judicial circuit,
98 including, but not limited to, school counselors who are
99 certified to offer such courses. Each judicial circuit may
100 establish a roster of area course providers, including those who
101 offer the course on a sliding fee scale or for free.
102 (b) The costs of such premarital preparation course shall
103 be paid by the applicant.
104 (4) As used in this section, the term “premarital
105 inventory” means a survey or questionnaire that a couple takes
106 or completes which is be scored and evaluated for each couple's
107 relationship to one another. The premarital inventory may
108 address such relationship issues as communication, conflict
109 resolution, personality types, marriage expectations, family-of
110 origin, children and parenting, and financial habits.
111 Inventories may offer customized versions for couples who have
112 been married before and couples who have children from a
113 previous marriage. The purpose of the premarital inventory is to
114 help couples better understand each other, understand each
115 other's expectations in marriage, understand the common reasons
116 for divorce, and discover potential problems that might develop
117 in their marriage before they enter into the relationship.
118 (5)(4) Each premarital preparation course provider shall
119 furnish each participant who completes the course with a
120 certificate of completion specifying the name of the participant
121 and the date of completion and whether the course was conducted
122 by personal instruction, videotape instruction, or instruction
123 via other electronic medium, or by a combination of these
124 methods.
125 (6)(5) All area course providers shall register with the
126 clerk of the circuit court by filing an affidavit in writing
127 attesting to the provider’s compliance with the premarital
128 preparation course requirements as set forth in this section and
129 including the course instructor’s name and qualifications,
130 including the license number, if any, or, if an official
131 representative of a religious institution, a statement as to
132 relevant training. The affidavit shall also include the
133 addresses where the provider may be contacted.
134 Section 4. This act shall take effect July 1, 2009.