CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for CS for SB 1576
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Rossin moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. This act may be cited as the "Marriage
18 Preparation and Preservation Act of 1998."
19 Section 2. It is the finding of the Legislature based
20 on reliable research that:
21 (1) The divorce rate has been accelerating.
22 (2) Just as the family is the foundation of society,
23 the marital relationship is the foundation of the family.
24 Consequently, strengthening marriages can only lead to
25 stronger families, children, and communities, as well as a
26 stronger economy.
27 (3) An inability to cope with stress from both
28 internal and external sources leads to significantly higher
29 incidents of domestic violence, child abuse, absenteeism,
30 medical costs, learning and social deficiencies, and divorce.
31 (4) Relationship skills can be learned.
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1 (5) Once learned, relationship skills can facilitate
2 communication between parties to a marriage and assist couples
3 in avoiding conflict.
4 (6) Once relationship skills are learned, they are
5 generalized to parenting, the workplace, schools,
6 neighborhoods, and civic relationships.
7 (7) By reducing conflict and increasing communication,
8 stressors can be diminished and coping can be furthered.
9 (8) When effective coping exists, domestic violence,
10 child abuse, divorce and its effect on children such as
11 absenteeism, medical costs, and learning and social
12 deficiencies, are diminished.
13 (9) The state has a compelling interest in educating
14 its citizens with regard to marriage and, if contemplated, the
15 effects of divorce.
16 Section 3. Paragraph (i) of subsection (1) of section
17 232.246, Florida Statutes, is amended to read:
18 232.246 General requirements for high school
19 graduation.--
20 (1) Graduation requires successful completion of
21 either a minimum of 24 academic credits in grades 9 through 12
22 or an International Baccalaureate curriculum. The 24 credits
23 shall be distributed as follows:
24 (i) One-half credit in life management skills to
25 include consumer education, positive emotional development,
26 marriage and relationship skill-based education, nutrition,
27 prevention of human immunodeficiency virus infection and
28 acquired immune deficiency syndrome and other sexually
29 transmissible diseases, benefits of sexual abstinence and
30 consequences of teenage pregnancy, information and instruction
31 on breast cancer detection and breast self-examination,
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1 cardiopulmonary resuscitation, drug education, and the hazards
2 of smoking. Such credit shall be given for a course to be
3 taken by all students in either the 9th or 10th grade.
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5 School boards may award a maximum of one-half credit in social
6 studies and one-half elective credit for student completion of
7 nonpaid voluntary community or school service work. Students
8 choosing this option must complete a minimum of 75 hours of
9 service in order to earn the one-half credit in either
10 category of instruction. Credit may not be earned for service
11 provided as a result of court action. School boards that
12 approve the award of credit for student volunteer service
13 shall develop guidelines regarding the award of the credit,
14 and school principals are responsible for approving specific
15 volunteer activities. A course designated in the Course Code
16 Directory as grade 9 through grade 12 which is taken below the
17 9th grade may be used to satisfy high school graduation
18 requirements or Florida Academic Scholar's Certificate Program
19 requirements as specified in a district's pupil progression
20 plan.
21 Section 4. Subsection (5) is added to section 741.01,
22 Florida Statutes, to read:
23 741.01 County court judge or clerk of the circuit
24 court to issue marriage license; fee.--
25 (5) The fee charged for each marriage license issued
26 in the state shall be reduced by a sum of $32.50 for all
27 couples who present valid certificates of completion of a
28 premarital preparation course from a qualified instructor for
29 a course taken no more than 1 year prior to the date of
30 application for a marriage license. For each license issued
31 that is subject to the fee reduction of this subsection, the
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1 clerk is not required to transfer the sum of $7.50 to the
2 State Treasury for deposit in the Displaced Homemaker Trust
3 Fund pursuant to subsection (3) or to transfer the sum of $25
4 to the Supreme Court for deposit in the Family Courts Trust
5 Fund.
6 Section 5. Section 741.0305, Florida Statutes, is
7 created to read:
8 741.0305 Marriage fee reduction for completion of
9 premarital preparation course.--
10 (1) A man and a woman who intend to apply for a
11 marriage license under s. 741.04 may, together or separately,
12 complete a premarital preparation course of not less than 4
13 hours. All individuals shall verify completion of the course
14 by filing with the application a certificate of completion
15 from the course provider for each applicant which certificate
16 shall specify whether the course was completed by personal
17 instruction, videotape instruction, instruction via other
18 electronic medium, or a combination of those methods. All
19 individuals who complete a premarital preparation course
20 pursuant to this section must be issued a certificate of
21 completion at the conclusion of the course by their course
22 provider. Upon furnishing such certificate when applying for a
23 marriage license, the individuals shall have their marriage
24 license fee reduced by $32.50.
25 (2) The premarital preparation course must include
26 instruction regarding:
27 (a) Conflict management.
28 (b) Communication skills.
29 (c) Financial responsibilities.
30 (d) Children and parenting responsibilities.
31 (e) Data compiled from available information relating
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1 to problems reported by married couples who seek marital or
2 individual counseling.
3 (3)(a) All individuals electing to participate in a
4 premarital preparation course shall choose from the following
5 list of qualified instructors:
6 1. A psychologist licensed under chapter 490.
7 2. A clinical social worker licensed under chapter
8 491.
9 3. A marriage and family therapist licensed under
10 chapter 491.
11 4. A mental health counselor licensed under chapter
12 491.
13 5. An official representative of a religious
14 institution which is recognized under s. 496.404(20) if the
15 representative has relevant training.
16 6. Any other provider designated by a judicial
17 circuit, including, but not limited to, school counselors who
18 are certified to offer such courses. Each judicial circuit may
19 establish a roster of area course providers, including those
20 who offer the course on a sliding fee scale or for free.
21 (b) The costs of such premarital preparation course
22 shall be paid by the applicant.
23 (4) Each premarital preparation course provider shall
24 furnish each participant who completes the course with a
25 certificate of completion specifying whether the course was
26 conducted by personal instruction, videotape instruction, or
27 instruction via other electronic medium, or by a combination
28 of these methods.
29 Section 6. (1) Premarital preparation courses offered
30 and completed by individuals across the state shall be
31 reviewed by researchers from the Florida State University
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1 Center for Marriage and Family in order to determine the
2 efficacy of such premarital preparation courses.
3 (2) Premarital preparation pilot programs may be
4 created by the Florida State University Center for Marriage
5 and Family which will be administered by course providers or
6 by qualified instructors as provided in section 741.0305(3),
7 Florida Statutes. These pilot programs shall offer a
8 premarital preparation course based on statistical information
9 and data obtained by researchers from the Florida State
10 University Center for Marriage and Family.
11 (3) The Florida State University Center for Marriage
12 and Family shall develop a questionnaire and create a
13 curriculum based on data collected by its researchers. Any
14 curriculum developed by The Florida State University Center
15 for Marriage and Family researchers, shall be the sole
16 property of the Center.
17 Section 7. Section 741.0306, Florida Statutes, is
18 created to read:
19 741.0306 Creation of a family law handbook.--
20 (1) Based upon their willingness to undertake this
21 project, there shall be created by the Family Law Section of
22 The Florida Bar a handbook explaining those sections of
23 Florida law pertaining to the rights and responsibilities
24 under Florida law of marital partners to each other and to
25 their children both during a marriage and upon dissolution.
26 The material in the handbook or other suitable electronic
27 media shall be reviewed for accuracy by the Family Court
28 Steering Committee of the Florida Supreme Court prior to
29 publication and distribution.
30 (2) Such handbooks shall be available from the clerk
31 of the circuit court upon application for a marriage license.
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1 The clerks may also make the information in the handbook
2 available on videotape or other electronic media and are
3 encouraged to provide a list of course providers and sites at
4 which marriage and relationship skill building classes are
5 available.
6 (3) The information contained in the handbook or other
7 electronic media presentation may be reviewed and updated
8 annually, and may include, but not be limited to:
9 (a) Pre-nuptial agreements; as a contract and as an
10 opportunity to structure financial arrangements and other
11 aspects of the marital relationship;
12 (b) Shared parental responsibility for children; the
13 determination of primary residence or custody and secondary
14 residence or routine visitation, holiday, summer and vacation
15 visitation arrangements, telephone access, and the process for
16 notice for changes;
17 (c) Permanent relocation restrictions on parents with
18 primary residential responsibility;
19 (d) Child support for minor children; both parents are
20 obligated for support in accordance with applicable child
21 support guidelines;
22 (e) Property rights, including equitable distribution,
23 special equity, pre-marital property, and non-marital
24 property;
25 (f) Alimony, including temporary, permanent
26 rehabilitative, and lump sum;
27 (g) Domestic violence and child abuse and neglect,
28 including penalties and other ramifications of false
29 reporting;
30 (h) Court process for dissolution with or without
31 legal assistance, including who may attend, the recording of
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1 proceedings, how to access those records, and the cost of such
2 access;
3 (i) Parent education course requirements for divorcing
4 parents with children;
5 (j) Community resources that are available for
6 separating or divorcing persons and their children; and
7 (k) Women's rights specified in the Battered Women's
8 Bill of Rights.
9 (4) The material contained in such a handbook may also
10 be provided through video tape or other suitable electronic
11 media. The information contained in the handbook or other
12 electronic media presentation shall be reviewed and updated
13 annually.
14 Section 8. Section 741.04, Florida Statutes, is
15 amended to read:
16 741.04 Marriage license issued.--
17 (1) No county court judge or clerk of the circuit
18 court in this state shall issue a license for the marriage of
19 any person unless there shall be first presented and filed
20 with him or her an affidavit in writing, signed by both
21 parties to the marriage, providing the social security numbers
22 of each party, made and subscribed before some person
23 authorized by law to administer an oath, reciting the true and
24 correct ages of such parties; unless both such parties shall
25 be over the age of 18 years, except as provided in s.
26 741.0405; and unless one party is a male and the other party
27 is a female. Pursuant to the federal Personal Responsibility
28 and Work Opportunity Reconciliation Act of 1996, each party is
29 required to provide his or her social security number in
30 accordance with this section. Disclosure of social security
31 numbers obtained through this requirement shall be limited to
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1 the purpose of administration of the Title IV-D program for
2 child support enforcement.
3 (2) No county court judge or clerk of the circuit
4 court in this state shall issue a license for the marriage of
5 any person unless there shall be first presented and filed
6 with him or her:
7 (a) A statement in writing, signed by both parties
8 which specifies whether the parties, separately or together,
9 have completed a premarital preparation course.
10 (b) A statement that verifies that both parties have
11 obtained and read or otherwise accessed the information
12 contained in the handbook or other electronic media
13 presentation of the rights and responsibilities of parties to
14 a marriage specified in s. 741.0306.
15 (3) If a couple has not submitted to the clerk valid
16 certificates of completion of a premarital preparation course,
17 the couple will be required to wait 3 days before they may
18 obtain a marriage license. If a couple has submitted valid
19 certificates of completion of a premarital preparation course,
20 they will not be required to wait 3 days before issuance of a
21 marriage license. A county court judge issuing a marriage
22 license may waive the 3-day waiting period for good cause.
23 Section 9. When applying for a marriage license, an
24 applicant may complete and file with the clerk of the circuit
25 court an unsigned anonymous informational questionnaire which
26 shall be provided by the clerk. The clerk shall, for purposes
27 of anonymity, keep all such questionnaires in a separate file
28 for later distribution by the clerk to researchers from The
29 Florida State University Center for Marriage and Family. These
30 questionnaires must be made available to researchers from the
31 center at their request. Researchers from the center shall
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1 develop the questionnaire and distribute them to the clerk of
2 the circuit court in each county.
3 Section 10. Section 741.05, Florida Statutes, is
4 amended to read:
5 741.05 Penalty for violation of ss. 741.03,
6 741.04(1).--Any county court judge, clerk of the circuit
7 court, or other person who shall violate any provision of ss.
8 741.03 and 741.04(1) shall be guilty of a misdemeanor of the
9 first degree, punishable as provided in s. 775.082 or s.
10 775.083.
11 Section 11. Section 61.043, Florida Statutes, is
12 amended to read:
13 61.043 Commencement of a proceeding for dissolution of
14 marriage or for alimony and child support.--
15 (1) A proceeding for dissolution of marriage or a
16 proceeding under s. 61.09 shall be commenced by filing in the
17 circuit court a petition entitled "In re the marriage of ....,
18 husband, and ...., wife." A copy of the petition together
19 with a copy of a summons shall be served upon the other party
20 to the marriage in the same manner as service of papers in
21 civil actions generally.
22 (2) Upon filing for dissolution of marriage, the
23 petitioner must complete and file with the clerk of the
24 circuit court an unsigned anonymous informational
25 questionnaire. For purposes of anonymity, completed
26 questionnaires must be kept in a separate file for later
27 distribution by the clerk to researchers from The Florida
28 State University Center for Marriage and Family. These
29 questionnaires must be made available to researchers from The
30 Florida State University Center for Marriage and Family at
31 their request. The actual questionnaire shall be formulated by
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1 researchers from Florida State University who shall distribute
2 them to the clerk of the circuit court in each county.
3 Section 12. Section 61.21, Florida Statutes, is
4 amended to read:
5 61.21 Parenting course authorized; fees; required
6 attendance authorized; contempt.--
7 (1) LEGISLATIVE FINDINGS; PURPOSE.--It is the finding
8 of the Legislature that:
9 (a) A large number of children experience the
10 separation or divorce of their parents each year. Parental
11 conflict related to divorce is a societal concern because
12 children suffer potential short-term and long-term detrimental
13 economic, emotional, and educational effects during this
14 difficult period of family transition. This is particularly
15 true when parents engage in lengthy legal conflict.
16 (b) Parents are more likely to consider the best
17 interests of their children when determining parental
18 arrangements if courts provide families with information
19 regarding the process by which courts make decisions on issues
20 affecting their children and suggestions as to how parents may
21 ease the coming adjustments in family structure for their
22 children.
23 (c) It has been found to be beneficial to parents who
24 are separating or divorcing to have available an educational
25 program that will provide general information regarding:
26 1. The issues and legal procedures for resolving
27 custody and child support disputes.
28 2. The emotional experiences and problems of divorcing
29 adults.
30 3. The family problems and the emotional concerns and
31 needs of the children.
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1 4. The availability of community services and
2 resources.
3 (d) Parents who are separating or divorcing are more
4 likely to receive maximum benefit from a program if they
5 attend such program at the earliest stages of their dispute,
6 before extensive litigation occurs and adversarial positions
7 are assumed or intensified.
8 (2)(1) All judicial circuits in the state shall may
9 approve a parenting course which shall be a course of a
10 minimum of 4 hours designed to educate, train, and assist
11 divorcing parents in regard to the consequences of divorce on
12 parents and children.
13 (a) The parenting course referred to in this section
14 shall be named The Parent Education and Family Stabilization
15 Course and may include, but not be limited to, the following
16 topics as they relate to court actions between parents
17 involving custody, care, visitation, and support of a child or
18 children:
19 1. Legal aspects of deciding child-related issues
20 between parents.
21 2. Emotional aspects of separation and divorce on
22 adults.
23 3. Emotional aspects of separation and divorce on
24 children.
25 4. Family relationships and family dynamics.
26 5. Financial responsibilities to a child or children.
27 6. Issues regarding spousal or child abuse and
28 neglect.
29 7. Skill-based relationship education that may be
30 generalized to parenting, workplace, school, neighborhood, and
31 civic relationships.
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1 (b) Information regarding spousal and child abuse and
2 neglect shall be included in every parent education and family
3 stabilization course. A list of local agencies that provide
4 assistance with such issues shall also be provided.
5 (c) The parent education and family stabilization
6 course shall be educational in nature and shall not be
7 designed to provide individual mental health therapy for
8 parents or children, or individual legal advice to parents or
9 children.
10 (d) Course providers shall not solicit participants
11 from the sessions they conduct to become private clients or
12 patients.
13 (e) Course providers shall not give individual legal
14 advice or mental health therapy.
15 (3)(2) All parties to a dissolution of marriage
16 proceeding with minor children or a paternity action which
17 involves issues of parental responsibility shall or a
18 modification of a final judgment action involving shared
19 parental responsibilities, custody, or visitation may be
20 required to complete The Parent Education and Family
21 Stabilization a court-approved parenting Course prior to the
22 entry by the court of a final judgment or order modifying the
23 final judgment. The court may excuse a party from attending
24 the parenting course for good cause.
25 (4)(3) All parties required to complete a parenting
26 course under this section shall begin the course as
27 expeditiously as possible after filing for dissolution of
28 marriage and shall file proof of compliance with the court
29 prior to the entry of the final judgment or order modifying
30 the final judgment.
31 (5) All parties to a modification of a final judgment
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1 involving shared parental responsibilities, custody, or
2 visitation may be required to complete a court-approved
3 parenting course prior to the entry of an order modifying the
4 final judgment.
5 (6) Each judicial circuit may establish a registry of
6 course providers and sites at which the parent education and
7 family stabilization course required by this section may be
8 completed. The court shall also include within the registry of
9 course providers and sites at least one site in each circuit
10 at which the parent education and family stabilization course
11 may be completed on a sliding fee scale.
12 (7)(4) A reasonable fee may be charged to each parent
13 attending the course.
14 (8)(5) Information obtained or statements made by the
15 parties at any educational session required under this statute
16 shall not be considered in the adjudication of a pending or
17 subsequent action, nor shall any report resulting from such
18 educational session become part of the record of the case
19 unless the parties have stipulated in writing to the contrary.
20 (9)(6) The court may hold any parent who fails to
21 attend a required parenting course in contempt or that parent
22 may be denied shared parental responsibility or visitation or
23 otherwise sanctioned as the court deems appropriate.
24 (10)(7) Nothing in this section shall be construed to
25 require the parties to a dissolution of marriage to attend a
26 court-approved parenting course together.
27 (11) The court may, without motion of either party,
28 prohibit the parenting course from being taken together, if
29 there is a history of domestic violence between the parties.
30 Section 13. Paragraph (d) is added to subsection (1)
31 of section 28.101, Florida Statutes, to read:
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1 28.101 Petitions and records of dissolution of
2 marriage; additional charges.--
3 (1) When a party petitions for a dissolution of
4 marriage, in addition to the filing charges in s. 28.241, the
5 clerk shall collect and receive:
6 (d) A charge of $32.50. On a monthly basis the clerk
7 shall transfer the moneys collected pursuant to this paragraph
8 as follows:
9 1. An amount of $7.50 to the State Treasury for
10 deposit in the Displaced Homemaker Trust Fund.
11 2. An amount of $25 to the Supreme Court for deposit
12 in the Family Courts Trust Fund.
13 Section 14. Section 25.388, Florida Statutes, is
14 amended to read:
15 25.388 Family Courts Trust Fund.--
16 (1)(a) The trust fund moneys in the Family Courts
17 Trust Fund, administered by the Supreme Court, shall be used
18 to implement family court plans in all judicial circuits of
19 this state.
20 (b) The Supreme Court, through the Office of the State
21 Courts Administrator, shall adopt a comprehensive plan for the
22 operation of the trust fund and the expenditure of any moneys
23 deposited into the trust fund. The plan shall provide for a
24 comprehensive integrated response to families in litigation,
25 including domestic violence matters, guardian ad litem
26 programs, mediation programs, legal support, training,
27 automation, and other related costs incurred to benefit the
28 citizens of the state and the courts in relation to family law
29 cases. The trust fund shall be used to fund the publication of
30 the handbook created pursuant to s. 741.0306.
31 (2) As part of its comprehensive plan, the Supreme
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1 Court shall evaluate the necessity for an installment plan or
2 a waiver for any or all of the fees based on financial
3 necessity and report such findings to the Legislature.
4 (3) The trust fund shall be funded with moneys
5 generated from fees assessed pursuant to ss. 28.101 and s.
6 741.01(4).
7 Section 15. There is hereby appropriated in fiscal
8 year 1998-1999 the sum of $75,000 from the General Revenue
9 Fund to the Florida State University Center for Marriage and
10 Family for review of premarital preparation courses,
11 development of premarital preparation pilot programs, and
12 development of a questionnaire and creation of a curriculum
13 based on data collected by its researchers.
14 Section 16. This act shall take effect January 1,
15 1999.
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17
18 ================ T I T L E A M E N D M E N T ===============
19 And the title is amended as follows:
20 Delete everything before the enacting clause
21 and insert:
22 A bill to be entitled
23 An act relating to marriage; creating the
24 "Marriage Preparation and Preservation Act";
25 providing legislative findings; amending s.
26 232.246, F.S.; prescribing a high school
27 graduation requirement; amending s. 741.01,
28 F.S.; providing for a reduction of the marriage
29 license fee under certain circumstances;
30 creating a waiting period before a marriage
31 license is issued; creating s. 741.0305, F.S.;
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1 providing for a premarital preparation course;
2 providing for modification of marriage license
3 fees; specifying course providers; providing
4 course contents; providing for a review of such
5 courses; providing for compilation of
6 information and report of findings; providing
7 for pilot programs; creating s. 741.0306, F.S.;
8 providing for creation of a marriage law
9 handbook created by the Family Law Section of
10 The Florida Bar; providing for information that
11 may be included in the handbook; amending s.
12 741.04, F.S.; prohibiting issuance of a
13 marriage license until petitioners verify
14 certain facts and complete a questionnaire;
15 providing for a waiting period; providing for a
16 waiver of the waiting period; amending s.
17 741.05, F.S.; conforming provisions; amending
18 s. 61.043, F.S.; providing for completion of an
19 informational questionnaire upon filing for
20 dissolution of marriage; amending s. 61.21,
21 F.S.; revising provisions relating to the
22 authorized parenting course offered to educate,
23 train, and assist divorcing parents in regard
24 to the consequences of divorce on parents and
25 children; providing legislative findings and
26 purpose; requiring judicial circuits to approve
27 a parenting course; requiring parties to a
28 dissolution proceeding with a minor child to
29 attend a court-approved parenting family
30 course; providing procedures and guidelines and
31 course objectives; requiring parties to file
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1 proof of compliance with the court; authorizing
2 the court to require parties to a modification
3 of a final judgment of dissolution to take the
4 course under certain circumstances; amending s.
5 28.101, F.S.; providing a fee for filing for
6 dissolution of marriage; amending s. 25.388,
7 F.S.; providing funding for the marriage law
8 handbook; providing an appropriation; providing
9 an effective date.
10
11 WHEREAS, the Florida Legislature endorses and
12 encourages marriage as a means of promoting stability and
13 continuity in society, and
14 WHEREAS, children of divorced parents can suffer
15 long-lasting adverse consequences from the break-up of their
16 parents' relationship and the existing family law system, and
17 WHEREAS, recent annual statistics show that for every
18 two marriages in Florida, one ends in divorce, and
19 WHEREAS, the state has a compelling interest in
20 promoting those relationships which inure to the benefit of
21 Florida's children, and
22 WHEREAS, the state has a compelling interest in
23 educating its citizens with regard to the responsibilities of
24 marriage and, if contemplated, the effects of divorce, NOW,
25 THEREFORE,
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