Senate Bill 1576c1

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    Florida Senate - 1998                           CS for SB 1576

    By the Committee on Judiciary and Senators Rossin, Harris,
    Meadows, Dudley, Kurth, Kirkpatrick, Campbell, Forman,
    Ostalkiewicz and Grant



    308-2140A-98

  1                      A bill to be entitled

  2         An act relating to marriage; creating the

  3         "Marriage Preparation and Preservation Act";

  4         providing legislative findings; creating s.

  5         741.0305, F.S.; authorizing a premarital

  6         preparation course as a condition precedent to

  7         obtaining a marriage license; providing for

  8         modification of marriage license fees;

  9         specifying course providers; providing course

10         contents; providing for a pilot program in Leon

11         County; creating s. 741.0306, F.S.; providing

12         for creation of a marriage law handbook created

13         by the Family Law Section of The Florida Bar;

14         amending s. 741.04, F.S.; prohibiting issuance

15         of a marriage license until petitioners verify

16         certain facts; amending s. 741.05, F.S.;

17         conforming provisions; amending s. 61.21, F.S.;

18         revising provisions relating to the authorized

19         parenting course offered to educate, train, and

20         assist divorcing parents in regard to the

21         consequences of divorce on parents and

22         children; designating such course as the parent

23         education and family stabilization course;

24         providing legislative findings and purpose;

25         authorizing the court in any action between

26         parents in which the custody or support of a

27         minor child is an issue to order parties to

28         attend the family education and stabilization

29         course if the court finds attendance to be in

30         the best interests of the child or children;

31         providing procedures and guidelines for

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    Florida Senate - 1998                           CS for SB 1576
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  1         required attendance; requiring parties to file

  2         proof of compliance with the court; authorizing

  3         a course fee; authorizing each judicial circuit

  4         to establish a registry of course providers and

  5         sites; authorizing the court to grant exemption

  6         from required course attendance; providing

  7         parent education and family stabilization

  8         course curriculum; providing qualifications and

  9         duties of course providers; amending s. 28.101,

10         F.S.; providing a fee for filing for

11         dissolution of marriage; amending s. 741.01,

12         F.S.; providing for reduction of marriage

13         license fees; providing for unsigned anonymous

14         informational questionnaires; providing an

15         appropriation; providing an effective date.

16

17         WHEREAS, the Florida Legislature endorses and

18  encourages marriage as a means of promoting stability and

19  continuity in society, and

20         WHEREAS, children of divorced parents can suffer

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

22  parents' relationship and the existing family law system, and1

23         WHEREAS, recent annual statistics show that for every

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

25         WHEREAS, the state has a compelling interest in

26  promoting those relationships which inure to the benefit of

27  Florida's children, and

28         WHEREAS, the state has a compelling interest in

29  educating its citizens with regard to the responsibilities of

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

31  THEREFORE,

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    Florida Senate - 1998                           CS for SB 1576
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  1  Be It Enacted by the Legislature of the State of Florida:

  2

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

  4  Preparation and Preservation Act."

  5         Section 2.  It is the finding of the Legislature that:

  6         (1)  Just as the family is the foundation of society,

  7  the marital relationship is the foundation of family.

  8  Consequently, strengthening marriages can only lead to

  9  stronger families, children, and communities, as well as a

10  stronger economy.

11         (2)  Marriage must be endorsed and encouraged as a

12  means of promoting stability and continuity in society.

13         (3)  The major aspect of the preventive approach to

14  preserving marriage is to acquire necessary skills.

15         (4)  Skills are certain abilities or proficiencies that

16  come from education, training, and practice.

17         (5)  If we equip individuals with certain skills, their

18  relationships will be more adaptable to change and to stress

19  from both internal and external sources.

20         (6)  Relationship skills can be learned in such places

21  as classroom settings in schools, religious centers, health

22  maintenance organizations, clinics, on military bases, and in

23  county courthouses.

24         (7)  Couples who learn such skills may model the

25  behaviors for their children, thus reducing the divorce rate

26  in future generations.

27         (8)  Once the skills are learned, they may be

28  generalized to parenting, the workplace, schools,

29  neighborhoods, and civic relationships.

30

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    Florida Senate - 1998                           CS for SB 1576
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  1         (9)  The state has a compelling interest in educating

  2  its citizens with regard to marriage and, if contemplated, the

  3  effects of divorce.

  4         (10)  It is also a purpose of this act to provide

  5  marriage and relationship skill-based education to high school

  6  students in the state pursuant to s. 232.246(1)(i).

  7         Section 3.  Paragraph (i) of subsection (1) of section

  8  232.246, Florida Statutes, is amended to read:

  9         232.246  General requirements for high school

10  graduation.--

11         (1)  Graduation requires successful completion of

12  either a minimum of 24 academic credits in grades 9 through 12

13  or an International Baccalaureate curriculum. The 24 credits

14  shall be distributed as follows:

15         (i)  One-half credit in life management skills to

16  include consumer education, positive emotional development,

17  marriage and relationship skill-based education, nutrition,

18  prevention of human immunodeficiency virus infection and

19  acquired immune deficiency syndrome and other sexually

20  transmissible diseases, benefits of sexual abstinence and

21  consequences of teenage pregnancy, information and instruction

22  on breast cancer detection and breast self-examination,

23  cardiopulmonary resuscitation, drug education, and the hazards

24  of smoking.  Such credit shall be given for a course to be

25  taken by all students in either the 9th or 10th grade.

26

27  School boards may award a maximum of one-half credit in social

28  studies and one-half elective credit for student completion of

29  nonpaid voluntary community or school service work.  Students

30  choosing this option must complete a minimum of 75 hours of

31  service in order to earn the one-half credit in either

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    Florida Senate - 1998                           CS for SB 1576
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  1  category of instruction.  Credit may not be earned for service

  2  provided as a result of court action.  School boards that

  3  approve the award of credit for student volunteer service

  4  shall develop guidelines regarding the award of the credit,

  5  and school principals are responsible for approving specific

  6  volunteer activities. A course designated in the Course Code

  7  Directory as grade 9 through grade 12 which is taken below the

  8  9th grade may be used to satisfy high school graduation

  9  requirements or Florida Academic Scholar's Certificate Program

10  requirements as specified in a district's pupil progression

11  plan.

12         Section 4.  Subsection (5) is added to section 741.01,

13  Florida Statutes, to read:

14         741.01  County court judge or clerk of the circuit

15  court to issue marriage license; fee.--

16         (5)  The fee charged for each marriage license issued

17  in the state shall be reduced by a sum of $32.50 for all

18  couples who present a valid certificate of completion of a

19  premarital preparation course from a qualified instructor for

20  a course taken no more than 1 year prior to the date of

21  application for a marriage license. For each license issued

22  that is subject to the fee reduction of this subsection, the

23  clerk is not required to transfer the sum of $7.50 to the

24  State Treasury for deposit in the Displaced Homemaker Trust

25  Fund pursuant to subsection (3) or to transfer the sum of $25

26  to the Supreme Court for deposit in the Family Courts Trust

27  Fund.

28         Section 5.  Section 741.0305, Florida Statutes, is

29  created to read:

30         741.0305  Marriage fee reduction for completion of

31  premarital preparation course.--

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    Florida Senate - 1998                           CS for SB 1576
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  1         (1)  A man and a woman who intend to apply for a

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

  3  complete a premarital preparation course of not less than 4

  4  hours. All individuals shall verify completion of the course

  5  by filing with the application a certificate of completion

  6  from the course provider which certificate shall specify

  7  whether the course was completed by personal instruction,

  8  videotape instruction, instruction via other electronic

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

10  complete a premarital preparation course pursuant to this

11  section must be issued a certificate of completion at the

12  conclusion of the course by their course provider. Upon

13  furnishing such certificate when requesting a marriage

14  license, the individuals shall have their marriage license fee

15  reduced by $32.50. This section does not abrogate any other

16  marriage license fee waiver provided by law. Marriage license

17  fee waivers continue to be available to all eligible

18  individuals as provided by law. Exceptions must be granted to

19  non-Florida residents seeking a marriage license from this

20  state. Marriage license fee waivers continue to be available

21  to all eligible individuals.

22         (2)  The premarital preparation course must include:

23         (a)  Conflict management.

24         (b)  Communication skills.

25         (c)  Financial responsibilities.

26         (d)  Children and parenting responsibilities.

27         (e)  Data compiled from available information relating

28  to problems reported by married couples who seek marital or

29  individual counseling.

30         (3)  All individuals electing to participate in a

31  premarital preparation course must choose a qualified

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    Florida Senate - 1998                           CS for SB 1576
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  1  instructor or appropriate instructional institution for

  2  completion of the marriage preparation course. Costs of such

  3  premarriage preparation course must be paid by the applicant.

  4         (4)  A premarital preparation course must be conducted

  5  by one or more of the following:

  6         (a)  A psychologist licensed under chapter 490.

  7         (b)  A clinical social worker licensed under chapter

  8  491.

  9         (c)  A marriage and family therapist licensed under

10  chapter 491.

11         (d)  A mental health counselor licensed under chapter

12  491.

13         (e)  An official representative of a religious

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

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

16  representative can demonstrate relevant training.

17         (f)  Any other provider designated by the circuit

18  court, including, but not limited to, school counselors, as

19  qualified to offer the courses locally. The circuit court is

20  responsible for creating and updating a roster of area course

21  providers, including those who offer the course on a sliding

22  fee scale or for free.

23         (5)  Course providers must furnish all course

24  participants with certificates of completion which specify

25  whether the course was completed by personal instruction,

26  videotape instruction, or instruction via other electronic

27  medium, or by a combination of these methods.

28         Section 6.  (1)  Premarital preparation courses offered

29  and completed by individuals across the state will be reviewed

30  by researchers from the Florida State University Center for

31  Marriage and Family in order to determine the efficacy of

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  1  different courses and this legislation. Each year the

  2  researchers will compile their findings and the data collected

  3  under section 741.04 and section 61.043, Florida Statutes, and

  4  determine whether the legislation is fulfilling its intended

  5  goals of reducing the number of reported cases of domestic

  6  violence and divorces in this state. At the end of 5 years, in

  7  2003, the researchers reviewing and following the

  8  effectiveness of the legislation will report their findings.

  9  If at that time there appears to be no significant movement

10  toward the legislative goals, then the section of this

11  legislation dealing with premarital preparation courses will

12  sunset. If, however, in 2003, research is presented that tends

13  to prove that premarital preparation courses assist in

14  enhancing the skills of couples entering marriages and result

15  in a reduction of divorces and incidences of domestic violence

16  in this state then the researchers shall present such findings

17  and compile recommendations to be presented to the Legislature

18  before the 2003 Regular Session.

19         (2)  A premarital preparation pilot program shall be

20  created in Leon County which will be administered by course

21  providers or by qualified instructors as provided in section

22  741.0305(3) and (4), Florida Statutes. This pilot will offer a

23  premarital preparation course based on statistical information

24  obtained by researchers from the Florida State University

25  Center for Marriage and Family.

26         (3)  The Florida State University Center for Marriage

27  and Family shall follow and collect statewide data and local

28  pilot program information and create a curriculum

29  incorporating elements which are determined through the

30  collection of such data to be effective and useful when

31  included in a marital preparation course. Any curriculum

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    Florida Senate - 1998                           CS for SB 1576
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  1  developed by the Florida State University Center for Marriage

  2  and Family researchers, shall be the sole property of the

  3  department. Local pilot programs will be based on the

  4  curriculum and be available to all interested persons on a

  5  voluntary basis.

  6         Section 7.  Section 741.0306, Florida Statutes, is

  7  created to read:

  8         741.0306  Creation of handbook.--

  9         (1)  Based upon their willingness to undertake this

10  project, there shall be created by the Family Law Section of

11  The Florida Bar a handbook explaining those sections of

12  Florida law pertaining to the rights and responsibilities

13  under Florida law of the marital partners to each other

14  including, but not limited to, the Battered Women's Bill of

15  Rights, and to any children during a marriage and in the event

16  of a dissolution of marriage. The material contained in such a

17  handbook may also be provided through video tape or other

18  suitable electronic media.

19         (2)  The information contained in the handbook or other

20  electronic media presentation shall be reviewed and updated

21  annually.

22         Section 8.  Section 741.04, Florida Statutes, is

23  amended to read:

24         741.04  Marriage license issued.--

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

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

27  any person unless there shall be first presented and filed

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

29  parties to the marriage, providing the social security numbers

30  of each party, made and subscribed before some person

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

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    Florida Senate - 1998                           CS for SB 1576
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  1  correct ages of such parties; unless both such parties shall

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

  3  741.0405; and unless one party is a male and the other party

  4  is a female. Pursuant to the federal Personal Responsibility

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

  6  required to provide his or her social security number in

  7  accordance with this section. Disclosure of social security

  8  numbers obtained through this requirement shall be limited to

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

10  child support enforcement.

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

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

13  any person unless there shall be first presented and filed

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

15  parties to the marriage which:

16         (a)  Specifies whether the parties, separately or

17  together, have completed a premarital preparation course along

18  with other information determined by the researchers from the

19  Florida State University Center for Marriage and Family to be

20  necessary in order to effectively document information for

21  followup purposes.

22         (b)  Verifies that both parties have obtained and read

23  or otherwise accessed the information contained in the

24  handbook or other electronic media presentation of the rights

25  and responsibilities of parties to a marriage provided for in

26  s. 741.0306.

27         (3)  If a couple has not submitted to the clerk a valid

28  certificate of completion of a premarital preparation course,

29  the couple will be required to wait 3 days before they may

30  obtain a marriage license. If a couple has submitted a valid

31  certificate of completion of a premarital preparation course,

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  1  they will not be required to wait 3 days before issuance of a

  2  marriage license.

  3         (4)  In accordance with the Personal Responsibility and

  4  Work Opportunity Reconciliation Act of 1996, each party is

  5  required to provide his or her social security number under

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

  7  security numbers under this section is limited to the

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

  9  Enforcement.

10         Section 9.  Section 741.05, Florida Statutes, is

11  amended to read:

12         741.05  Penalty for violation of ss. 741.03,

13  741.04(1).--Any county court judge, clerk of the circuit

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

15  741.03 and 741.04(1) shall be guilty of a misdemeanor of the

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

17  775.083.

18         Section 10.  Section 61.043, Florida Statutes, is

19  amended to read:

20         61.043  Commencement of a proceeding for dissolution of

21  marriage or for alimony and child support.--

22         (1)  A proceeding for dissolution of marriage or a

23  proceeding under  s. 61.09 shall be commenced by filing in the

24  circuit court a petition entitled "In re the marriage of ....,

25  husband, and ...., wife."  A copy of the petition together

26  with a copy of a summons shall be served upon the other party

27  to the marriage in the same manner as service of papers in

28  civil actions generally.

29         Section 11.  Upon filing for dissolution of marriage,

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

31  circuit court an unsigned anonymous informational

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  1  questionnaire. Such questionnaire must, for purposes of

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

  3  distribution by the clerk to researchers from Florida State

  4  University. These questionnaires must be made available to

  5  researchers from Florida State University at their request.

  6  The actual questionnaire shall be formulated by researchers

  7  from Florida State University who shall distribute them to the

  8  clerk of the circuit court in each county.

  9         Section 12.  Section 61.21, Florida Statutes, is

10  amended to read:

11         61.21  Parenting course authorized; fees; required

12  attendance authorized; contempt.--

13         (1)  LEGISLATIVE FINDINGS; PURPOSE.--It is the finding

14  of the Legislature that:

15         (a)  A large number of children experience the

16  separation or divorce of their parents each year. Parental

17  conflict related to divorce is a societal concern because

18  children suffer potential short-term and long-term detrimental

19  economic, emotional, and educational effects during this

20  difficult period of family transition. This is particularly

21  true when parents engage in lengthy legal conflict.

22         (b)  Parents are more likely to consider the best

23  interests of their children when determining parental

24  arrangements if courts provide families with information

25  regarding the process by which courts make decisions on issues

26  affecting their children and suggestions as to how parents may

27  ease the coming adjustments in family structure for their

28  children.

29         (c)  It has been found to be beneficial to parents who

30  are separating or divorcing to have available an educational

31  program that will provide general information regarding:

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  1         1.  The issues and legal procedures for resolving

  2  custody and child support disputes.

  3         2.  The emotional experiences and problems of divorcing

  4  adults.

  5         3. The family problems and the emotional concerns and

  6  needs of the children.

  7         4.  The availability of community services and

  8  resources.

  9         (2)(1)  All judicial circuits in the state shall may

10  approve a parenting course which shall be a course of a

11  minimum of 4 hours designed to educate, train, and assist

12  divorcing parents in regard to the consequences of divorce on

13  parents and children.

14         (3)(2)  All parties to a dissolution of marriage

15  proceeding with minor children shall or a modification of a

16  final judgment action involving shared parental

17  responsibilities, custody, or visitation may be required to

18  complete a court-approved parenting course prior to the entry

19  by the court of a final judgment of dissolution or order

20  modifying the final judgment. Such course must be a minimum of

21  4 hours and be designed to educate, train, and assist

22  divorcing parents with regard to the consequences of divorce

23  on parents and children.

24         (4)(3)  All parties required to complete a parenting

25  course under this section shall begin the course within 30

26  days of filing for dissolution of marriage and 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         (5)  All parties to a modification of a final judgment

30  involving shared parental responsibilities, custody, or

31  visitation may be required to complete a court-approved

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  1  parenting course prior to the entry of an order modifying the

  2  final judgment.

  3         (6)  Each judicial circuit may establish a registry of

  4  course providers and sites at which the parent education and

  5  family stabilization course required by this section may be

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

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

  8  which the parent education and family stabilization course may

  9  be completed on a sliding fee scale.

10         (7)(4)  A reasonable fee may be charged to each parent

11  attending the course.

12         (8)(5)  Information obtained or statements made by the

13  parties at any educational session required under this statute

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

15  subsequent action, nor shall any report resulting from such

16  educational session become part of the record of the case

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

18         (9)(6)  The court may hold any parent who fails to

19  attend a required parenting course in contempt or that parent

20  may be denied shared parental responsibility or visitation or

21  otherwise sanctioned as the court deems appropriate.

22         (10)(7)  Nothing in this section shall be construed to

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

24  court-approved parenting course together.

25         (11)  The court may, without motion of either party,

26  prohibit the parenting course from being taken together, if

27  there is a history of domestic violence between the parties.

28         Section 13.  Paragraph (d) is added to subsection (1)

29  of section 28.101, Florida Statutes, to read:

30         28.101  Petitions and records of dissolution of

31  marriage; additional charges.--

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  1         (1)  When a party petitions for a dissolution of

  2  marriage, in addition to the filing charges in s. 28.241, the

  3  clerk shall collect and receive:

  4         (d)  A charge of $32.50. On a monthly basis the clerk

  5  shall transfer the moneys collected pursuant to this paragraph

  6  as follows:

  7         1.  An amount of $7.50 to the State Treasury for

  8  deposit in the Displaced Homemaker Trust Fund.

  9         2.  An amount of $25 to the Supreme Court for deposit

10  in the Family Courts Trust Fund.

11         Section 14.  This act shall take effect January 1,

12  1999.

13

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 1576

16

17  The Committee Substitute for Senate Bill 1576:

18  -    Reduces the marriage license fee by $32.50 when both
         parties to a marriage complete a marital preparation
19       course;

20  -    Provides for a handbook on the rights and
         responsibilities to a marriage;
21
    -    Causes the bill to sunset in 2003;
22
    -    Allows the FSU Center to implement more than one pilot
23       program for study;

24  -    Deletes language referring to modifications of final
         judgments so that judges will have the discretion to
25       order people desiring to divorce to take a parenting
         course; and
26
    -    Creates a $32.50 fee for a divorce filing.
27

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29

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