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House Bill 1019

Florida House of Representatives - 1997 HB 1019 By Representatives Bloom and Wise 1 A bill to be entitled 2 An act relating to marriage; creating the 3 "Marriage Preparation and Preservation Act of 4 1997"; creating s. 741.0305, F.S.; requiring 5 the completion of a marriage preparation course 6 as a condition precedent to obtaining a 7 marriage license; specifying course providers; 8 providing course contents; providing for the 9 establishment of a registry of course sites and 10 course providers; providing for the publishing 11 and dissemination of a handbook on marital 12 rights, responsibilities, and requirements; 13 amending ss. 741.04 and 741.05, F.S., to 14 conform; creating s. 61.22, F.S.; requiring the 15 filing and service of notice of intent to seek 16 a divorce prior to filing for a dissolution of 17 marriage; providing for expiration of notice; 18 requiring the completion of a marriage 19 preservation course as a condition precedent to 20 filing a petition for dissolution of marriage; 21 specifying course providers; providing course 22 contents; providing for the establishment of a 23 registry of course sites and course providers; 24 authorizing the court to consider refusal to 25 complete the course; providing construction; 26 providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. This act shall be known and may be cited as 31 the "Marriage Preparation and Preservation Act of 1997." 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1019 252-337A-97 1 Section 2. Section 741.0305, Florida Statutes, is 2 created to read: 3 741.0305 Premarital orientation course.-- 4 (1) A man and a woman who intend to apply for a 5 marriage license as provided in s. 741.04 shall, together or 6 separately, complete a marriage preparation course of not less 7 than 4 hours. Such course shall include a review of the 8 rights, responsibilities, and requirements under Florida law 9 of each prospective party to the marriage with regard to each 10 other and to any children of the prospective parties to the 11 marriage. The individuals applying for the marriage license 12 shall verify completion of the course by filing with the 13 application a certificate of completion from the course 14 provider. 15 (2) The marriage preparation course shall be conducted 16 by one or more of the following: 17 (a) A licensed professional counselor. 18 (b) A licensed marriage and family therapist. 19 (c) A licensed or limited licensed psychologist. 20 (d) A certified social worker, certified family law 21 mediator, or such other person approved by the chief judge of 22 the circuit. 23 (e) An official representative of a religious 24 institution or his or her designee. 25 (3) The marriage preparation course shall include, but 26 not be limited to: 27 (a) The rights and responsibilities under Florida law 28 of the marital partners to each other and to any children. 29 (b) Conflict management. 30 (c) Communication skills. 31 (d) Financial responsibilities. 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1019 252-337A-97 1 (e) Children and parenting responsibilities. 2 (f) Typical problems during marriage with suggested 3 solutions. 4 (4) Each judicial circuit shall establish a registry 5 of course providers and sites at which the marriage 6 preparation course required by subsection (1) may be 7 completed. The court shall also include within the registry of 8 course providers and sites at least one site in each county at 9 which the marriage preparation course may be completed or on a 10 sliding fee scale. 11 (5) A person applying for a marriage license may 12 choose a qualified instructor or appropriate instructional 13 institution, in lieu of a course provider listed in the 14 registry, to conduct the marriage preparation course required 15 by this section, provided that the instructor or institution 16 meets or exceeds the standards for the course on marriage 17 preparation provided for in this section. Costs of such 18 marriage preparation course shall be paid by the applicant. 19 (6) There shall be established a consortium of 20 community organizations for the purpose of preparing and 21 printing a handbook containing those sections of Florida law 22 which pertain to the rights, responsibilities, and 23 requirements of the parties to a marriage with respect to each 24 other and to the children of the parties to the marriage. Such 25 handbooks shall be available from the county court judge or 26 clerk of the circuit court upon application for a marriage 27 license, or at any course site or from any course provider 28 listed in the registry. The community consortium shall be 29 responsible for the costs involved in printing the handbook. 30 Section 3. Section 741.04, Florida Statutes, is 31 amended to read: 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1019 252-337A-97 1 741.04 Marriage license issued.--No county court judge 2 or clerk of the circuit court in this state shall issue a 3 license for the marriage of any person unless there shall be 4 first presented and filed with him an affidavit in writing, 5 signed by both parties to the marriage, made and subscribed 6 before some person authorized by law to administer an oath:, 7 (1) Reciting the true and correct ages of such 8 parties; unless both such parties shall be over the age of 18 9 years, except as provided in s. 741.0405; and unless one party 10 is a male and the other party is a female. 11 (2) Verifying that both parties have obtained the 12 handbook of rights, responsibilities, and requirements of 13 parties to a marriage provided for in s. 741.0305 and have 14 satisfactorily completed the marriage preparation course 15 required by s. 741.0305. 16 Section 4. Section 741.05, Florida Statutes, is 17 amended to read: 18 741.05 Penalty for violation of ss. 741.03, 19 741.04(1).--Any county court judge, clerk of the circuit 20 court, or other person who shall violate any provision of ss. 21 741.03 and 741.04(1) shall be guilty of a misdemeanor of the 22 first degree, punishable as provided in s. 775.082 or s. 23 775.083. 24 Section 5. Section 61.22, Florida Statutes, is created 25 to read: 26 61.22 Marriage preservation course authorized; fees; 27 required attendance authorized.-- 28 (1) Prior to a filing for a dissolution of marriage 29 with the court, one or both of the parties to the marriage 30 shall file and serve a notice of intent to seek a divorce with 31 the clerk of the circuit court on a form provided by the 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1019 252-337A-97 1 clerk. Service of the notice shall be made pursuant to chapter 2 48; however, nothing herein shall be construed as prohibiting 3 personal service by one spouse on the other if the spouse 4 being served signs and dates an acceptance of service. 5 (2) Each party, after notice of intent to seek a 6 divorce has been filed with the clerk of the circuit court and 7 served, and prior to a filing for a dissolution of marriage, 8 shall have 90 days to complete a court-approved marriage 9 preservation course, which shall be a course of a minimum of 10 12 hours in 6 different weekly segments. 11 (3) The marriage preservation course shall be 12 conducted by one or more of the following: 13 (a) A licensed professional counselor. 14 (b) A licensed marriage and family therapist. 15 (c) A licensed or limited licensed psychologist. 16 (d) A certified social worker, certified family law 17 mediator, or such other person approved by the chief judge of 18 the circuit. 19 (e) An official representative of a religious 20 institution or his or her designee. 21 (4) The marriage preservation course shall include, 22 but not be limited to: 23 (a) Ways to build a successful relationship. 24 (b) Using mediation and/or counseling to solve marital 25 problems. 26 (c) The negative effects of divorce on children. 27 (d) The negative effects of divorce on men. 28 (e) The negative effects of divorce on women. 29 (f) The negative effects of divorce on society. 30 (g) The most common causes of divorce and ways these 31 causes may be overcome. 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1019 252-337A-97 1 (h) Keeping antagonism out of the divorce process. 2 (i) Minimizing the effects of divorce on children. 3 (j) The attorney relationship. 4 (5) Each judicial circuit shall establish a registry 5 of course providers and sites at which the marriage 6 preservation course required by subsection (2) may be 7 completed. The court shall also include within the registry of 8 course providers and sites at least one site in each county at 9 which the marital preservation course may be completed on a 10 sliding fee scale. 11 (6) A person required to complete the marriage 12 preservation course provided in subsection (2) may choose a 13 qualified instructor or appropriate instructional institution, 14 in lieu of a course provider listed in the registry, to 15 conduct the marriage preservation course required by this 16 section, provided that the instructor or institution meets or 17 exceeds the standards for the course on marriage preservation 18 provided for in this section. Costs of such marriage 19 preservation course shall be paid by the applicant. 20 (7) After completion of the course or 90 days, 21 whichever is sooner, the party or parties may file a petition 22 for dissolution of marriage. 23 (8) If a party filing a notice of intent to seek a 24 divorce does not file a petition for dissolution of marriage 25 within 90 days of filing this notice, then the notice shall 26 expire automatically and a petition for dissolution of 27 marriage may not be filed until the requirements of 28 subsections (1) and (2) are met. 29 (9) If any party has refused to complete the marriage 30 preservation course, the court may consider that fact when 31 pronouncing a final judgment of dissolution of marriage. 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1019 252-337A-97 1 (10) Nothing in this section shall be construed to 2 require the parties to a dissolution of marriage to attend a 3 court-approved marriage preservation course together. 4 Section 6. This act shall take effect upon becoming a 5 law. 6 7 ***************************************** 8 HOUSE SUMMARY 9 Creates the "Marriage Preparation and Preservation Act of 10 1997." Provides that applicants for a marriage license must complete a marriage preparation course which shall 11 include a review of the rights, responsibilities, and requirements under Florida law of each prospective party 12 to the marriage. Specifies persons authorized to conduct the course. Provides for the establishment of a registry 13 of course sites and course providers. Provides for the establishment of a consortium of community organizations 14 for the purpose of publishing a handbook containing those sections of Florida law pertinent to the marriage 15 preparation course. Prohibits the issuance of a marriage license unless both parties to the marriage sign an 16 affidavit verifying that they have obtained the handbook on marital rights, responsibilities, and requirements and 17 have satisfactorily completed the premarital orientation course. 18 19 Requires that, prior to filing for a dissolution of marriage with the court, one or both parties to the 20 marriage shall file and serve notice of intent to seek a divorce with the clerk of the circuit court. Provides 21 that, within 90 days after the filing of such notice, both parties are required to complete a marriage 22 preservation course. Provides for expiration of notice. Specifies persons authorized to conduct the course. 23 Provides course contents. Provides for the establishment of a registry of course sites and course providers. 24 25 Provides that the court may consider either party's refusal to complete the marriage preservation course and 26 that parties seeking dissolution of marriage shall not be required to attend a marriage preservation course 27 together. 28 29 30 31 7