House Bill 1019e1
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                                          HB 1019, First Engrossed
  1                      A bill to be entitled
  2         An act relating to marriage; creating ss.
  3         741.0305, 741.0306, and 741.0307, F.S., the
  4         "Marriage Preparation and Preservation Act of
  5         1998"; providing legislative findings and
  6         purpose; requiring the creation of a handbook
  7         pertaining to the rights and responsibilities
  8         under Florida law of marital partners; amending
  9         s. 741.0306, F.S.,  to provide criteria to be
10         contained in the handbook;  amending s. 741.04,
11         F.S.; providing that verification that both
12         parties contemplating marriage have obtained
13         and read the information contained in the
14         handbook created pursuant to s. 741.0307, F.S.,
15         is a condition precedent to issuance of a
16         marriage license; amending s. 741.05, F.S., to
17         conform; amending s. 61.21, F.S.; revising
18         provisions relating to the authorized parenting
19         course offered to educate, train, and assist
20         divorcing parents in regard to the consequences
21         of divorce on parents and children; designating
22         such course as the parent education and family
23         stabilization course; providing legislative
24         findings and purpose; authorizing the court in
25         any action between parents in which the custody
26         or support of a minor child is an issue to
27         order parties to attend the family education
28         and stabilization course if the court finds
29         attendance to be in the best interests of the
30         child or children; providing procedures and
31         guidelines for required attendance; requiring
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                                          HB 1019, First Engrossed
  1         parties to file proof of compliance with the
  2         court; authorizing a course fee; authorizing
  3         each judicial circuit to establish a registry
  4         of course providers and sites; authorizing the
  5         court to grant exemption from required course
  6         attendance; providing parent education and
  7         family stabilization course curriculum;
  8         providing qualifications and duties of course
  9         providers; amending s. 232.246, F.S.; including
10         marriage and relationship education within the
11         life management skills credit required for
12         graduation from high school; amending s.
13         28.101, F.S.; to provide for an additional fee
14         for filing for distribution of marriage and
15         designates the trust fund for deposit; amending
16         s. 25.388, F.S.; provides a cross reference;
17         providing an effective date.
18
19  Be It Enacted by the Legislature of the State of Florida:
20
21         Section 1.  Section 741.0305, Florida Statutes, is
22  created to read:
23         741.0305  Short title.--Sections 741.0305-741.0307 may
24  be cited as the "Marriage Preparation and Preservation Act of
25  1998."
26         Section 2.  Section 741.0306, Florida Statutes, is
27  created to read:
28         741.0306  Legislative findings; purpose.--It is the
29  finding of the Legislature that:
30         (1)  Just as the family is the foundation of society,
31  the marital relationship is the foundation of family.
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                                          HB 1019, First Engrossed
  1  Consequently, strengthening marriages can only lead to
  2  stronger families, children, and communities, as well as a
  3  stronger economy.
  4         (2)  Marriage must be endorsed and encouraged as a
  5  means of promoting stability and continuity in society.
  6         (3)  The major aspect of the preventive approach to
  7  preserving marriage is to acquire necessary skills.
  8         (4)  Skills are certain abilities or proficiencies that
  9  come from education, training, and practice.
10         (5)  If we equip individuals with certain skills, their
11  relationships will be more adaptable to change and to stress
12  from both internal and external sources.
13         (6)  Relationship skills can be learned in such places
14  as classroom settings in schools, religious centers, health
15  maintenance organizations, on military bases, and in county
16  courthouses.
17         (7)  Couples who learn such skills will model the
18  behaviors for their children, thus reducing the divorce rate
19  in future generations.
20         (8)  Once the skills are learned, they are generalized
21  to parenting, the workplace, schools, neighborhoods, and civic
22  relationships.
23         (9)  The state has a compelling interest in educating
24  its citizens with regard to the responsibilities of marriage
25  and, if contemplated, the effects of divorce.
26         (10)  It is also a purpose of this act to provide
27  marriage and relationship skill-based education to high school
28  students in the state pursuant to s. 232.246(1)(i).
29         Section 3.  Section 741.0307, Florida Statutes, is
30  created to read:
31         741.0307  Creation of handbook.--
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                                          HB 1019, First Engrossed
  1         (1)  There shall be created a handbook explaining those
  2  sections of Florida law pertaining to the rights and
  3  responsibilities under Florida law of the marital partners to
  4  each other and to any children during a marriage and in the
  5  event of a dissolution of marriage. The material contained in
  6  such a handbook may also be provided through video tape or
  7  other suitable electronic media. The material in the handbook
  8  or other suitable electronic media shall be reviewed for
  9  accuracy by the Family Court Steering Committee of the Florida
10  Supreme Court prior to publication and distribution.
11           (2)  Such handbooks shall be available from the clerk
12  of the circuit court upon application for a marriage license.
13  The clerks may also make the information in the handbook
14  available on videotape or other electronic media and are
15  encouraged to provide a list of course providers and sites at
16  which marriage and relationship skill building classes are
17  available.
18         (3)  The information contained in the handbook or other
19  electronic media presentation shall be reviewed and updated
20  annually in accordance with the law of the state, and shall
21  include, but not be limited to:
22         (a)  Pre-nuptial agreements; as a contract and as an
23  opportunity to structure financial arrangements and other
24  aspects of the marital relationship;
25         (b)  Shared parental responsibility for children; the
26  determination of primary residence or custody and secondary
27  residence or routine visitation, holiday, summer and vacation
28  visitation arrangements, telephone access, and the process for
29  notice for changes;
30         (c)  Permanent relocation restrictions on parents with
31  primary residential responsibility;
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                                          HB 1019, First Engrossed
  1         (d)  Child support for minor children; both parents are
  2  obligated for support in accordance with applicable child
  3  support guidelines;
  4         (e)  Property rights; including equitable distribution,
  5  special equity, pre-marital property, and non-marital
  6  property;
  7         (f)  Alimony; including temporary, permanent,
  8  rehabilitative, and lump sum;
  9         (g)  Domestic violence and child abuse and neglect;
10  including penalties and other ramifications of false
11  reporting;
12         (h)  Court process for dissolution, with or without
13  legal assistance, including who may attend, the recording of
14  proceedings, how to access those records, and the cost of such
15  access;
16         (i)  Parent education and family stabilization course
17  requirement for divorcing parents with children; and
18         (j)  Community resources that are available for
19  separating or divorcing persons and their children.
20         Section 4.  Section 741.04, Florida Statutes, is
21  amended to read:
22         741.04  Marriage license issued.--No county court judge
23  or clerk of the circuit court in this state shall issue a
24  license for the marriage of any person unless there shall be
25  first presented and filed with him or her an affidavit in
26  writing, signed by both parties to the marriage, providing the
27  social security numbers of each party, made and subscribed
28  before some person authorized by law to administer an oath:,
29         (1)  Reciting the true and correct ages of such
30  parties; unless both such parties shall be over the age of 18
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                                          HB 1019, First Engrossed
  1  years, except as provided in s. 741.0405; and unless one party
  2  is a male and the other party is a female.
  3         (2)  Verifying that both parties have obtained and read
  4  or otherwise accessed the information contained in the
  5  handbook or other electronic media presentation of the rights
  6  and responsibilities of parties to a marriage provided for in
  7  s. 741.0305.
  8
  9  Pursuant to the federal Personal Responsibility and Work
10  Opportunity Reconciliation Act of 1996, each party is required
11  to provide his or her social security number in accordance
12  with this section. Disclosure of social security numbers
13  obtained through this requirement shall be limited to the
14  purpose of administration of the Title IV-D program for child
15  support enforcement.
16         Section 5.  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 6.  Section 61.21, Florida Statutes, is amended
25  to read:
26         61.21  Parent education and family stabilization
27  Parenting course authorized; fees; required attendance
28  authorized; contempt.--
29         (1)  LEGISLATIVE FINDINGS; PURPOSE.--It is the finding
30  of the Legislature that:
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                                          HB 1019, First Engrossed
  1         (a)  A large number of children experience the
  2  separation or divorce of their parents each year. Parental
  3  conflict related to divorce is a societal concern because
  4  children suffer potential short-term and long-term detrimental
  5  economic, emotional, and educational effects during this
  6  difficult period of family transition. This is particularly
  7  true when parents engage in lengthy legal conflict.
  8         (b)  Parents are more likely to consider the best
  9  interests of their children when determining parental
10  arrangements if courts provide families with information
11  regarding the process by which courts make decisions on issues
12  affecting their children and suggestions as to how parents may
13  ease the coming adjustments in family structure for their
14  children.
15         (c)  It has been found to be beneficial to parents who
16  are separating or divorcing to have available an educational
17  program that will provide general information regarding:
18         1.  The issues and legal procedures for resolving
19  custody and child support disputes.
20         2.  The emotional experiences and problems of divorcing
21  adults.
22         3. The family problems and the emotional concerns and
23  needs of the children.
24         4.  The availability of community services and
25  resources.
26         (d)  Parents who are separating or divorcing are more
27  likely to receive maximum benefit from a program if they
28  attend such program at the earliest stages of their dispute,
29  before extensive litigation occurs and adversarial positions
30  are assumed or intensified.
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                                          HB 1019, First Engrossed
  1         (e)  The Legislature declares that it is the purpose of
  2  this act to promote the best interests of children who are
  3  experiencing the separation or divorce of their parents by
  4  establishing a parent education and family stabilization
  5  course designed to:
  6         1.  Increase parental awareness of the importance of
  7  reducing acrimony that may exist between the parties.
  8         2.  Develop an understanding or an atmosphere that will
  9  encourage parents to assure a child of close and continuing
10  contact with both parents, when that is in the best interests
11  of the child.
12         3.  Provide separating or divorcing parents with basic
13  information about issues relating to contested custody
14  disputes as determined by both mental health and legal
15  professionals.
16         4.  Assist the parties in identifying real issues and
17  clarifying potential priorities.
18         (1)  All judicial circuits in the state may approve a
19  parenting course which shall be a course of a minimum of 4
20  hours designed to educate, train, and assist divorcing parents
21  in regard to the consequences of divorce on parents and
22  children.
23         (2)  COURT REQUIRED ATTENDANCE.--
24         (a)  In any action between parents in which the custody
25  or support of a minor child is an issue, the court may, upon
26  the motion of a party or upon the court's own motion, order
27  parties to attend the parent education and family
28  stabilization course, if the court finds it to be in the best
29  interests of the child or children. The court, in making its
30  determination shall consider the factors set forth in
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  1  subsection (3). Such an order shall specify the date by which
  2  course attendance must be completed.
  3         (b)(2)  Within 30 days of filing for All parties to a
  4  dissolution of marriage or when seeking proceeding with minor
  5  children or a modification of a final judgment action
  6  involving shared parental responsibilities, custody, or
  7  visitation, parties shall begin to attend the parent education
  8  and family stabilization course may be required to complete a
  9  court-approved parenting course prior to the entry by the
10  court of a final judgment or order modifying the final
11  judgment.
12         (c)  Where abuse or neglect is alleged by one party
13  against the other, or under other circumstances of concern to
14  the court, the court may, upon its own motion or upon the
15  motion of a party, order each spouse to attend a separate
16  session of the course.
17         (7)  Nothing in this section shall be construed to
18  require the parties to a dissolution of marriage to attend a
19  court-approved parenting course together.
20         (d)(6)  The court may hold any parent who fails to
21  attend a required parent education and family stabilization
22  class parenting course in contempt or that parent may be
23  denied shared parental responsibility or visitation or
24  otherwise sanctioned as the court deems appropriate.
25         (e)(3)  All parties required to complete a parent
26  education and family stabilization parenting course shall file
27  proof of compliance with the court prior to the entry of the
28  final judgment or order modifying the final judgment.
29         (f)(5)  Information obtained or statements made by the
30  parties at any educational session required under this statute
31  shall not be considered in the adjudication of a pending or
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                                          HB 1019, First Engrossed
  1  subsequent action, nor shall any report resulting from such
  2  educational session become part of the record of the case
  3  unless the parties have stipulated in writing to the contrary.
  4         (g)(4)  A reasonable fee may be charged to each parent
  5  attending the course.
  6         (h)  No person shall be excluded from attendance of the
  7  course based upon the inability to pay.
  8         (i)  Each judicial circuit may establish a registry of
  9  course providers and sites at which the parent education and
10  family stabilization course required by this section may be
11  completed. The court shall also include within the registry of
12  course providers and sites at least one site in each county at
13  which the parent education and family stabilization course may
14  be completed on a sliding fee scale.
15         (3)  WAIVER OF ATTENDANCE REQUIREMENT.--In considering
16  whether to order parents to attend the parent education and
17  family stabilization course, the court shall presume that such
18  attendance is in the best interests of the child or children
19  in the family. The court may, in its discretion, determine
20  that either or both parents should not attend the parent
21  education and family stabilization program. In making the
22  decision to exempt a parent from the attendance requirement,
23  the court shall consider the following:
24         (a)  Participation in an alternative program approved
25  by the court.
26         (b)  Economic or other hardships which would arise as a
27  result of attending the course, including travel time and
28  costs.
29         (c)  Allegations or a history of child or spousal abuse
30  or neglect, or substance abuse.
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                                          HB 1019, First Engrossed
  1         (d)  The history of motions related to custody and
  2  visitation or child support.
  3         (e)  Guidelines promulgated by the court regarding
  4  attendance requirements.
  5         (f)  Any other factors the court deems relevant.
  6         (4)  COURSE CURRICULUM.--
  7         (a)  The parent education and family stabilization
  8  course shall include, but not be limited to, the following
  9  topics as they relate to court actions between parents
10  involving custody, care, visitation, and support of a child or
11  children:
12         1.  Legal aspects of deciding child-related issues
13  between parents.
14         2.  Emotional aspects of separation and divorce on
15  adults.
16         3.  Emotional aspects of separation and divorce on
17  children.
18         4.  Family relationships and family dynamics.
19         5.  Financial responsibilities to a child or children.
20         6.  Issues regarding spousal or child abuse and
21  neglect.
22         7.  Skill-based relationship education that may be
23  generalized to parenting, workplace, school, neighborhood, and
24  civic relationships.
25         (b)  Information regarding spousal and child abuse and
26  neglect shall be included in every parent education and family
27  stabilization course. A list of local agencies that provide
28  assistance with such issues shall also be provided.
29         (c)  The parent education and family stabilization
30  course shall be educational in nature and shall not be
31  designed to provide individual mental health therapy for
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                                          HB 1019, First Engrossed
  1  parents or children, or individual legal advice to parents or
  2  children.
  3         (5)  QUALIFICATIONS AND DUTIES OF COURSE PROVIDERS.--
  4         (a)  All course providers who provide information
  5  regarding legal aspects of actions pertaining to custody,
  6  care, visitation, or support of minor children shall have the
  7  following qualifications:
  8         1.  A law degree and admission to The Florida Bar; and
  9         2.  At least 2 years' experience in family law
10  practice.
11         (b)  All program providers who provide information
12  regarding the emotional aspects of divorce or other actions
13  regarding custody, visitation, or support of minor children on
14  children or adults shall have the following qualifications:
15         1.  A master's degree or doctorate in psychology and a
16  license to practice pursuant to chapter 490, or a master's
17  degree or doctorate in social work, marriage and family
18  therapy, or mental health counseling licensed pursuant to
19  chapter 491; or a master's degree in guidance and counseling
20  and certified pursuant to s. 231.15; or the equivalent from
21  another state within the United States; and
22         2.  At least 2 years' postgraduate experience in child
23  or family counseling.
24         3.  An official representative of a religious
25  institution which is recognized under s. 501(c)(3) of the
26  Internal Revenue Code of 1986, as amended, may also present
27  this section of the course, if the representative can
28  demonstrate relevant training.
29         (c)  Course providers shall not solicit participants
30  from the sessions they conduct to become private clients or
31  patients.
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                                          HB 1019, First Engrossed
  1         (d)  Course providers shall not give individual legal
  2  advice or mental health therapy.
  3         Section 7.  Paragraph (i) of subsection (1) of section
  4  232.246, Florida Statutes, is amended to read:
  5         232.246  General requirements for high school
  6  graduation.--
  7         (1)  Graduation requires successful completion of
  8  either a minimum of 24 academic credits in grades 9 through 12
  9  or an International Baccalaureate curriculum. The 24 credits
10  shall be distributed as follows:
11         (i)  One-half credit in life management skills to
12  include consumer education, positive emotional development,
13  marriage and relationship skill-based education, nutrition,
14  prevention of human immunodeficiency virus infection and
15  acquired immune deficiency syndrome and other sexually
16  transmissible diseases, benefits of sexual abstinence and
17  consequences of teenage pregnancy, information and instruction
18  on breast cancer detection and breast self-examination,
19  cardiopulmonary resuscitation, drug education, and the hazards
20  of smoking.  Such credit shall be given for a course to be
21  taken by all students in either the 9th or 10th grade.
22
23  School boards may award a maximum of one-half credit in social
24  studies and one-half elective credit for student completion of
25  nonpaid voluntary community or school service work.  Students
26  choosing this option must complete a minimum of 75 hours of
27  service in order to earn the one-half credit in either
28  category of instruction.  Credit may not be earned for service
29  provided as a result of court action.  School boards that
30  approve the award of credit for student volunteer service
31  shall develop guidelines regarding the award of the credit,
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                                          HB 1019, First Engrossed
  1  and school principals are responsible for approving specific
  2  volunteer activities. A course designated in the Course Code
  3  Directory as grade 9 through grade 12 which is taken below the
  4  9th grade may be used to satisfy high school graduation
  5  requirements or Florida Academic Scholar's Certificate Program
  6  requirements as specified in a district's pupil progression
  7  plan.
  8         Section 8.  Section 28.101, Florida Statutes, is hereby
  9  amended to read:
10         28.101  Petitions and records of dissolution of
11  marriage; additional charges.--
12         (d)  A charge of $1.  On a monthly basis, the clerk
13  shall transfer the moneys collected pursuant to this paragraph
14  for deposit in the Family Courts Trust Fund created in s.
15  25.388 for the specific purpose of funding the handbook and
16  materials created pursuant to s. 741.0307.  Such funds
17  generated shall be directed to the Department of Children and
18  Family Services.  The department will be responsible for
19  administering these funds in accordance with the provisions of
20  the bill as well as having the authority to solicit grants and
21  donations to carry out the provisions of the bill.
22         Section 9.  Section 25.388, Florida Statutes, is hereby
23  amended to read:
24         25.388  Family Courts Trust Fund.--
25         (3)  The trust fund shall be funded with moneys
26  generated from fees assessed pursuant to s. 28.101 and s.
27  741.01(4).
28         Section 10.  This act shall take effect July 1 of the
29  year in which enacted.
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