Senate Bill 1576

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                                  SB 1576

    By Senator Rossin





    35-243D-98

  1                      A bill to be entitled

  2         An act relating to marriage; creating the

  3         "Marriage Education and Family Stabilization

  4         Act"; creating s. 741.0305, F.S.; authorizing a

  5         premarital education course as a condition

  6         precedent to obtaining a marriage license;

  7         providing for modification of marriage license

  8         fees; specifying course providers; providing

  9         course contents; providing for a pilot program

10         in Leon County; amending s. 741.04, F.S.;

11         prohibiting issuance of a marriage license

12         until petitioners verify certain facts;

13         amending s. 741.05, F.S.; conforming

14         provisions; amending s. 61.21, F.S.; requiring

15         the completion of a parent education and family

16         stabilization course as a condition precedent

17         to filing a petition for dissolution of

18         marriage or seeking a modification of a final

19         judgment action involving shared parental

20         responsibilities, custody, or visitation;

21         specifying course providers; providing course

22         contents; authorizing the court to hold in

23         contempt any person who refuses to complete the

24         course; providing for the establishment of a

25         registry of course sites and course providers;

26         authorizing waiver of the requirements under

27         specified circumstances; providing for unsigned

28         anonymous informational questionnaires;

29         providing an appropriation; providing an

30         effective date.

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1576
    35-243D-98




  1         WHEREAS, the Florida Legislature endorses and

  2  encourages marriage as a means of promoting stability and

  3  continuity in society, and

  4         WHEREAS, children of divorced parents can suffer

  5  long-lasting adverse consequences from the break-up of their

  6  parents' relationship and the existing family law system, and

  7         WHEREAS, recent annual statistics show that for every

  8  two marriages in Florida, one ends in divorce, and

  9         WHEREAS, the state has a compelling interest in

10  promoting those relationships which inure to the benefit of

11  Florida's children, and

12         WHEREAS, the state has a compelling interest in

13  educating its citizens with regard to the responsibilities of

14  marriage and, if contemplated, the effects of divorce, NOW,

15  THEREFORE,

16

17  Be It Enacted by the Legislature of the State of Florida:

18

19         Section 1.  This act may be cited as the "Marriage

20  Education and Family Stabilization Act."

21         Section 2.  Section 741.0305, Florida Statutes, is

22  created to read:

23         741.0305  Marriage fee reduction for completion of

24  premarital orientation course.--

25         (1)  A man and a woman who intend to apply for a

26  marriage license under s. 741.04 may, together or separately,

27  complete a premarital education course of not less than 4

28  hours. All individuals shall verify completion of the course

29  by filing with the application a certificate of completion

30  from the course provider which certificate shall specify

31  whether the course was completed by personal instruction,

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1576
    35-243D-98




  1  videotape instruction, instruction via other electronic

  2  medium, or a combination of those methods. All individuals who

  3  complete a premarital education course pursuant to this

  4  section must be issued a certificate of completion at the

  5  conclusion of the course by their course provider. Upon

  6  furnishing such certificate when requesting a marriage

  7  license, the individuals shall have their marriage license fee

  8  reduced by $10. All individuals who choose not to participate

  9  or complete a premarital education course and who are

10  ineligible for an exception under current law are subject to a

11  marriage license fee increase of $20. This section does not

12  abrogate any other marriage license fee waiver provided by

13  law. Marriage license fee waivers continue to be available to

14  all eligible individuals as provided by law.

15         (2)  The marriage preparation course must be based on

16  statistical information provided by researchers and compiled

17  to create a standardized format for the marital education

18  courses. The marriage preparation course must include:

19         (a)  Conflict management.

20         (b)  Communication skills.

21         (c)  Financial responsibilities.

22         (d)  Children and parenting responsibilities.

23         (e)  Data compiled from available information relating

24  to problems reported by married couples who seek marital or

25  individual counseling.

26         (3)  All individuals electing to participate in a

27  premarital education course must choose a qualified instructor

28  or appropriate instructional institution for completion of the

29  marriage preparation course. Costs of such marriage

30  preparation course must be paid by the applicant.

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1576
    35-243D-98




  1         (4)  A premarital education course must be conducted by

  2  one or more of the following:

  3         (a)  A psychologist licensed under chapter 490.

  4         (b)  A clinical social worker licensed under chapter

  5  491.

  6         (c)  A marriage and family therapist licensed under

  7  chapter 491.

  8         (d)  A mental health counselor licensed under chapter

  9  491.

10         (e)  An official representative of a religious

11  institution which is recognized under Section 501(c)(3) of the

12  Internal Revenue Code of 1986, as amended, if the

13  representative can demonstrate relevant training.

14         (f)  Any other provider designated by the circuit court

15  as qualified to offer the courses locally. The circuit court

16  is responsible for creating and updating a roster of area

17  course providers, including those who offer the course on a

18  sliding fee scale or for free.

19         (5)  Course providers must furnish all course

20  participants with certificates of completion which specify

21  whether the course was completed by personal instruction,

22  videotape instruction, or instruction via other electronic

23  medium, or by a combination of these methods.

24         (6)  The marriage license fee differential created by

25  this section may be waived as provided in s. 741.0305(1).

26         Section 3.  A voluntary marital education course pilot

27  program will be implemented in Leon County. As provided in

28  section 741.0305(3) and (4), Florida Statutes, such course

29  will be administered by course providers or by qualified

30  instructors or appropriate instructional institution. This

31  course will be reviewed by employees of the Marriage and

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1576
    35-243D-98




  1  Family Therapy Department of Florida State University, in

  2  order to determine the efficacy of the course. Each year the

  3  researchers will compile their findings and determine whether

  4  the course is fulfilling its intended goals of reducing the

  5  number of reported cases of domestic violence and divorces in

  6  this state. At the end of three years, in 2001, the

  7  researchers assigned to the review and followup of the

  8  legislation will report their findings. If, at that time,

  9  there appears to be no significant movement toward the bill's

10  goals, then the education course offerings will sunset. For

11  the purpose of the Leon County pilot, the marriage license fee

12  must be decreased by $10 upon completion of the 4-hour course.

13  For those individuals not completing the course who are

14  ineligible for an exception, the marriage license fee will be

15  increased by $20 above the statutorily determined amount.

16  Exceptions must be granted to non-Florida residents seeking a

17  marriage license from the state and for individuals asserting

18  hardship. Marriage license fee waivers continue to be

19  available to all eligible individuals.

20         Section 4.  Section 741.04, Florida Statutes, is

21  amended to read:

22         741.04  Marriage license issued.--

23         (1)  No county court judge or clerk of the circuit

24  court in this state shall issue a license for the marriage of

25  any person unless there shall be first presented and filed

26  with him or her an affidavit in writing, signed by both

27  parties to the marriage, providing the social security numbers

28  of each party, made and subscribed before some person

29  authorized by law to administer an oath, reciting the true and

30  correct ages of such parties; unless both such parties shall

31  be over the age of 18 years, except as provided in s.

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1576
    35-243D-98




  1  741.0405; and unless one party is a male and the other party

  2  is a female. Pursuant to the federal Personal Responsibility

  3  and Work Opportunity Reconciliation Act of 1996, each party is

  4  required to provide his or her social security number in

  5  accordance with this section. Disclosure of social security

  6  numbers obtained through this requirement shall be limited to

  7  the purpose of administration of the Title IV-D program for

  8  child support enforcement.

  9         (2)  No county court judge or clerk of the circuit

10  court in this state shall issue a license for the marriage of

11  any person unless there shall be first presented and filed

12  with him or her an affidavit in writing, signed by both

13  parties to the marriage which specifies whether the parties,

14  separately or together, have completed a premarital education

15  course and other information determined by the researchers

16  from the Marriage and Family Therapy Center at Florida State

17  University to be necessary in order to effectively document

18  information for followup purposes.

19         (3)  In accordance with the Personal Responsibility and

20  Work Opportunity Reconciliation Act of 1996, each party is

21  required to provide his or her social security number under

22  this section. The purpose of the required disclosure of social

23  security numbers under this section is limited to the

24  administration of the Title IV-D programs under Child Support

25  Enforcement.

26         Section 5.  Section 741.05, Florida Statutes, is

27  amended to read:

28         741.05  Penalty for violation of ss. 741.03,

29  741.04(1).--Any county court judge, clerk of the circuit

30  court, or other person who shall violate any provision of ss.

31  741.03 and 741.04(1) shall be guilty of a misdemeanor of the

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1576
    35-243D-98




  1  first degree, punishable as provided in s. 775.082 or s.

  2  775.083.

  3         Section 6.  Section 61.21, Florida Statutes, is amended

  4  to read:

  5         61.21  Parent education and family stabilization

  6  Parenting course authorized; fees; required attendance

  7  authorized; contempt.--Education programs are an effective way

  8  to remind parents that their children's best interests are the

  9  primary concern during the parents' separation or divorce. A

10  parent education and family stabilization program assumes that

11  marriages may end but that parent and child relationships

12  continue. Such a program also assumes that parents who

13  separate or divorce want the best for their children and may

14  need information and encouragement to reach that goal. The

15  purpose of education is to direct parents away from anger

16  against each other and towards responsible behavior relating

17  to their children.

18         (1)  Within 30 days after service of a petition for a

19  dissolution of marriage between parties with minor children,

20  or when seeking a modification of a final judgment action

21  involving shared parental responsibilities, custody, or

22  visitation, all parties to the action shall begin a

23  court-approved parent education and family stabilization

24  course, which shall be a course of a minimum of 4 hours. The

25  chief judge in each circuit is responsible for providing

26  reasonably accessible courses at various locations and at

27  varying times so that all parties may attend.

28         (2)  The parent education and family stabilization

29  course must be conducted by at least two of the following:

30         (a)  A psychologist licensed pursuant to chapter 490.

31

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1576
    35-243D-98




  1         (b)  A clinical social worker licensed pursuant to

  2  chapter 491.

  3         (c)  A marriage and family therapist licensed pursuant

  4  to chapter 491.

  5         (d)  A mental health counselor licensed pursuant to

  6  chapter 491.

  7         (e)  An official representative of a religious

  8  institution which is recognized under Section 501(c)(3) of the

  9  Internal Revenue Code of 1986, as amended, if the

10  representative can demonstrate relevant training.

11         (3)  The parent education and family stabilization

12  course must include:

13         (a)  Ways to assist in stabilizing a family, including

14  discussion of the importance of both parents being involved in

15  parenting a minor child.

16         (b)  Using mediation or counseling to solve marital

17  problems other than in cases where the parties to the marriage

18  have no minor children.

19         (c)  The effects of divorce on children.

20         (d)  The effects of divorce on men.

21         (e)  The effects of divorce on women.

22         (f)  The effects of divorce on society.

23         (g)  Ways to enhance family relationships and resolve

24  disputes.

25         (h)  The economic effects of divorce on the parties and

26  children, if any.

27         (i)  Training in the skills needed to enhance a

28  relationship.

29         (1)  All judicial circuits in the state may approve a

30  parenting course which shall be a course of a minimum of 4

31  hours designed to educate, train, and assist divorcing parents

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1576
    35-243D-98




  1  in regard to the consequences of divorce on parents and

  2  children.

  3         (2)  All parties to a dissolution of marriage

  4  proceeding with minor children or a modification of a final

  5  judgment action involving shared parental responsibilities,

  6  custody, or visitation may be required to complete a

  7  court-approved parenting course prior to the entry by the

  8  court of a final judgment or order modifying the final

  9  judgment.

10         (4)(3)  All parties required to complete a parent

11  education and family stabilization parenting course shall file

12  proof of compliance with the court prior to the entry of the

13  final judgment or order modifying the final judgment, except

14  as provided by law.

15         (5)(4)  A reasonable fee may be charged to each parent

16  attending the course.

17         (6)(5)  Information obtained or statements made by the

18  parties at any educational session required under this statute

19  shall not be considered in the adjudication of a pending or

20  subsequent action, nor shall any report resulting from such

21  educational session become part of the record of the case

22  unless the parties have stipulated in writing to the contrary.

23         (7)(6)  The court may hold any parent who fails to

24  attend a required parenting education and family stabilization

25  course in contempt, and the court may consider that fact when

26  pronouncing a final judgment of dissolution or modification of

27  a final judgment action or that parent may be denied shared

28  parental responsibility or visitation or otherwise sanctioned

29  as the court deems appropriate.

30         (8)  Each judicial circuit may establish a registry of

31  course providers and sites at which the parent education and

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1576
    35-243D-98




  1  family stabilization course required by subsection (1) may be

  2  completed. The court shall also include within the registry of

  3  course providers and sites at least one site in each county at

  4  which the parent education and family stabilization course may

  5  be completed on a sliding fee scale.

  6         (9)  A person required to complete the parent education

  7  and family stabilization course provided in subsection (1) may

  8  choose a qualified instructor or appropriate instructional

  9  institution, in lieu of a course provider listed in the

10  registry, to conduct the parent education and family

11  stabilization course required by this section, provided that

12  the instructor or institution meets or exceeds the standards

13  for the course on parent education and family stabilization

14  provided for in this section. Costs of such course must be

15  paid by the applicant.

16         (10)(7)  Nothing in this section shall be construed to

17  require the parties to a dissolution of marriage to attend a

18  court-approved parent education and family stabilization

19  parenting course together.

20         (11)  The requirements of this section may be waived by

21  an officer of the court for good cause shown.

22         Section 7.  Upon filing for dissolution of marriage,

23  the petitioner must complete and file with the clerk of the

24  circuit court an unsigned anonymous informational

25  questionnaire. Such questionnaire must, for purposes of

26  anonymity, be segregated in a separate file amassed for later

27  distribution by the clerk to researchers from Florida State

28  University. These questionnaires must be made available to

29  researchers from Florida State University at their request.

30  The actual questionnaire shall be formulated by researchers

31

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1576
    35-243D-98




  1  from Florida State University who shall distribute them to the

  2  clerk of the circuit court in each county.

  3         Section 8.  The increase in marriage license fees for

  4  those who choose not to participate in premarital education

  5  courses shall be appropriated to Florida State University for

  6  continuing research as to the effectiveness of premarital

  7  education.

  8         Section 9.  This act shall take effect January 1, 1999.

  9

10            *****************************************

11                          SENATE SUMMARY

12    Creates the Marriage Education and Family Stabilization
      Act. Authorizes persons applying for a marriage license
13    to take and complete a premarital education course.
      Prescribes contents of the course, and who may teach the
14    course. Provides for a reduction in the marriage license
      fee for persons who complete the course, and an increase
15    in the fee for those who take the course and fail to
      complete it and who do not qualify for an exemption.
16    Prohibits the issuance of a marriage license without
      verification by the petitioners whether they have
17    completed a premarital education course. Requires the
      completion of a parent education and family stabilization
18    course as a precedent to filing a petition for
      dissolution of marriage or seeking a modification of a
19    final judgment action involving shared parental
      responsibilities, custody, or visitation. Specifies
20    course contents and providers. Provides for a court to
      hold in contempt any person who fails without
21    justification to take the course. Provides for a registry
      of course sites and providers. The course requirements
22    may be waived by an officer of the court for good cause
      shown. Requires the petitioner for dissolution of
23    marriage to complete and file with the clerk of the
      circuit court an unsigned anonymous informational
24    questionnaire. Provides an appropriation to FSU for
      research into the effectiveness of premarital education.
25    Provides for a voluntary pilot program in Leon County.

26

27

28

29

30

31

                                  11