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





                                                  SENATE AMENDMENT

    Bill No. CS/HB 3301

    Amendment No.    

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10                                                                

11  Senator Silver moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 7, between lines 24 and 25,

15

16  insert:

17         Section 6.  Subsection (2) of section 943.171, Florida

18  Statutes, is amended to read:

19         943.171  Basic skills training in handling domestic

20  violence cases.--

21         (2)  As used in this section, the term:

22         (a)  "Domestic violence" is defined as in s. 741.28

23  means any assault, battery, sexual assault, sexual battery, or

24  any criminal offense resulting in the physical injury or death

25  of one family or household member by another who is or was

26  residing in the same single dwelling unit.

27         (b)  "Household member" is defined as in s. 741.29

28  means spouse, former spouse, persons related by blood or

29  marriage, persons who are presently residing together, as if a

30  family, or who have resided together in the past, as if a

31  family, and persons who have a child in common regardless of

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3301

    Amendment No.    





 1  whether they have been married or have resided together at any

 2  time.

 3         Section 7.  Section 415.602, Florida Statutes, is

 4  amended to read:

 5         415.602  Definitions of terms used in ss.

 6  415.601-415.608.--As used in ss. 415.601-415.608, the term:

 7         (1)  "Department" means the Department of Children and

 8  Family Services.

 9         (2)  "District" means a service district of the

10  department as created in s. 20.19.

11         (3)  "Domestic violence" is defined as in 741.28 means

12  any assault, battery, sexual assault, sexual battery, or any

13  criminal offense resulting in physical injury or death of one

14  family or household member by another who is or was residing

15  in the same single dwelling unit.

16         (4)  "Domestic violence center" means an agency that

17  provides services to victims of domestic violence, as its

18  primary mission.

19         (5)  "Family or household member" is defined as in s.

20  741.28 means spouses, former spouses, adults related by blood

21  or marriage, persons who are presently residing together as if

22  a family or who have resided together in the past as if a

23  family, and persons who have a child in common regardless of

24  whether they have been married or have resided together at any

25  time.

26         Section 8.  Subsection (2) of section 61.052, Florida

27  Statutes, is amended to read:

28         61.052  Dissolution of marriage.--

29         (2)  Based on the evidence at the hearing, which

30  evidence need not be corroborated except to establish that the

31  residence requirements of s. 61.021 are met which may be

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3301

    Amendment No.    





 1  corroborated by a valid Florida driver's license, a Florida

 2  voter's registration card, a valid Florida identification card

 3  issued under s. 322.051, or the testimony or affidavit of a

 4  third party, the court shall dispose of the petition for

 5  dissolution of marriage when the petition is based on the

 6  allegation that the marriage is irretrievably broken as

 7  follows:

 8         (a)  If there is no minor child of the marriage and if

 9  the responding party does not, by answer to the petition for

10  dissolution, deny that the marriage is irretrievably broken,

11  the court shall enter a judgment of dissolution of the

12  marriage if the court finds that the marriage is irretrievably

13  broken.

14         (b)  When there is a minor child of the marriage, or

15  when the responding party denies by answer to the petition for

16  dissolution that the marriage is irretrievably broken, the

17  court may:

18         1.  Order either or both parties to consult with a

19  marriage counselor, psychologist, psychiatrist, minister,

20  priest, rabbi, or any other person deemed qualified by the

21  court and acceptable to the party or parties ordered to seek

22  consultation; or

23         2.  Continue the proceedings for a reasonable length of

24  time not to exceed 3 months, to enable the parties themselves

25  to effect a reconciliation; or

26         3.  Take such other action as may be in the best

27  interest of the parties and the minor child of the marriage.

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29  If, at any time, the court finds that the marriage is

30  irretrievably broken, the court shall enter a judgment of

31  dissolution of the marriage.  If the court finds that the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3301

    Amendment No.    





 1  marriage is not irretrievably broken, it shall deny the

 2  petition for dissolution of marriage.

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 4  (Redesignate subsequent sections.)

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 7  ================ T I T L E   A M E N D M E N T ===============

 8  And the title is amended as follows:

 9         On page 2, line 3, after the semicolon

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11  insert:

12         amending s. 943.171; defining "domestic

13         violence" and "household" as in s. 741.28;

14         amending s. 415.602; defining "domestic

15         violence" and "family or household member" as

16         in s. 741.28; amending s. 61.052; providing an

17         additional photo identification which may be

18         used to corroborate residency to obtain a

19         dissolution of marriage;

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