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A bill to be entitled

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An act relating to dissolution of marriage; amending s.

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61.075, F.S.; providing for interim partial distributions

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during dissolution actions; providing for motions;

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providing for effect on final distributions; providing

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factors to be considered; revising the definition of the

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term "marital assets and liabilities"; conforming

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provisions to the abolition of special equity; providing a

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presumption concerning certain personal property acquired

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during the marriage; specifying the burden of proof

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necessary to overcome the gift presumption; abolishing

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special equity; providing for claims formerly identified

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as special equity; amending s. 741.0306, F.S.; conforming

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provisions to the abolition of special equity; providing

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an effective date.

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

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     Section 1.  Subsections (5) through (9) of section 61.075,

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Florida Statutes, are redesignated as subsections (6) through

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(10), respectively, a new subsection (5) is added to that

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section, paragraph (a) of present subsection (5) of that section

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is amended, and subsection (11) is added to that section, to

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read:

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     61.075  Equitable distribution of marital assets and

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liabilities.--

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     (5) If the court finds good cause that there should be an

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interim partial distribution during the pendency of a dissolution

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action, the court may enter an interim order that shall identify

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and value the marital and nonmarital assets and liabilities made

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the subject of the sworn motion, set apart those nonmarital

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assets and liabilities, and provide for a partial distribution of

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those marital assets and liabilities. An interim order may be

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entered at any time after the date the dissolution of marriage is

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filed and served and before the final distribution of marital and

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nonmarital assets and marital and nonmarital liabilities.

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     (a) Such an interim order shall be entered only upon good

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cause shown and upon sworn motion establishing specific factual

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basis for the motion. The motion may be filed by either party and

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shall demonstrate good cause why the matter should not be

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deferred until the final hearing.

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     (b) The court shall specifically take into account and give

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appropriate credit for any partial distribution of marital assets

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or liabilities in its final allocation of marital assets or

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liabilities. Further, the court shall make specific findings in

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any interim order under this section that any partial

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distribution will not cause inequity or prejudice to either party

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as to either party's claims for support or attorney's fees.

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     (c) Any interim order partially distributing marital assets

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or liabilities as provided in this subsection shall be pursuant

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to and comport with the factors in subsections (1) and (3) as

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such factors pertain to the assets or liabilities made the

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subject of the sworn motion.

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     (d) As used in this subsection, the term "good cause" means

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extraordinary circumstances that require an interim partial

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distribution.

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     (6)(5) As used in this section:

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     (a)1. "Marital assets and liabilities" include:

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     a.1. Assets acquired and liabilities incurred during the

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marriage, individually by either spouse or jointly by them.;

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     b.2. The enhancement in value and appreciation of

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nonmarital assets resulting either from the efforts of either

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party during the marriage or from the contribution to or

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expenditure thereon of marital funds or other forms of marital

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assets, or both.;

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     c.3. Interspousal gifts during the marriage.;

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     d.4. All vested and nonvested benefits, rights, and funds

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accrued during the marriage in retirement, pension, profit-

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sharing, annuity, deferred compensation, and insurance plans and

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programs.; and

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     2.5. All real property held by the parties as tenants by

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the entireties, whether acquired prior to or during the marriage,

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shall be presumed to be a marital asset. If, in any case, a party

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makes a claim to the contrary, the burden of proof shall be on

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the party asserting the claim that the subject property, or some

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portion thereof, is nonmarital for a special equity.

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     3. All personal property titled jointly by the parties as

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tenants by the entireties, whether acquired prior to or during

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the marriage, shall be presumed to be a marital asset. In the

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event a party makes a claim to the contrary, the burden of proof

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shall be on the party asserting the claim that the subject

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property, or some portion thereof, is nonmarital.

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     4. The burden of proof to overcome the gift presumption

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shall be by clear and convincing evidence.

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     (11) Special equity is abolished. All claims formerly

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identified as special equity, and all special equity

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calculations, are abolished and shall be asserted either as a

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claim for unequal distribution of marital property and resolved

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by the factors set forth in subsection (1) or as a claim of

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enhancement in value or appreciation of nonmarital property.

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     Section 2.  Paragraph (e) of subsection (3) of section

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741.0306, Florida Statutes, is amended to read:

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     741.0306  Creation of a family law handbook.--

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     (3)  The information contained in the handbook or other

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electronic media presentation may be reviewed and updated

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annually, and may include, but need not be limited to:

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     (e)  Property rights, including equitable distribution,

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special equity, premarital property, and nonmarital property.

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     Section 3.  This act shall take effect July 1, 2008.