Florida Senate - 2009                                    SB 1642
       
       
       
       By Senator Sobel
       
       
       
       
       31-01660-09                                           20091642__
    1                        A bill to be entitled                      
    2         An act relating to domestic partnerships; creating s.
    3         741.501, F.S.; providing legislative findings and
    4         stating the policy of this state; creating s. 741.502,
    5         F.S.; defining the terms “domestic partnership” and
    6         “partner”; creating s. 741.503, F.S.; requiring the
    7         Department of Health to create and distribute the
    8         Declaration of Domestic Partnership and Certificate of
    9         Registered Domestic Partnership forms to each clerk of
   10         the circuit court; requiring the department and each
   11         clerk of the circuit court to make the Declaration of
   12         Domestic Partnership forms available to the public;
   13         creating s. 741.504, F.S.; describing the required
   14         contents of the Declaration of Domestic Partnership;
   15         providing that if a person files an intentionally and
   16         materially false Declaration of Domestic Partnership
   17         form he or she commits a misdemeanor of the first
   18         degree; providing criminal penalties; creating s.
   19         741.505, F.S.; requiring two individuals who wish to
   20         become partners in a domestic partnership to complete
   21         and file a Declaration of Domestic Partnership form
   22         with the clerk of the circuit court; providing for the
   23         clerk of the circuit court to register the Declaration
   24         of Domestic Partnership in a domestic partnership
   25         registry and return a copy of the registered form and
   26         a Certificate of Registered Domestic Partnership to
   27         the partners; providing that each partner who signs a
   28         Declaration of Domestic Partnership consents to the
   29         jurisdiction of the circuit court of this state for
   30         certain specified purposes; providing that the
   31         registry of domestic partnerships maintained by the
   32         clerk is a public record; creating s. 741.506, F.S.;
   33         prohibiting certain specified domestic partnerships;
   34         creating s. 741.507, F.S.; providing that the circuit
   35         court has jurisdiction over any proceeding relating to
   36         the domestic partners’ rights and obligations,
   37         including a petition for dissolution or annulment of
   38         the domestic partnership; creating s. 741.508, F.S.;
   39         authorizing the domestic partners to retain surnames;
   40         creating s. 741.509, F.S.; providing that any
   41         privilege, immunity, right, or benefit granted by
   42         statute, administrative regulation, or court order,
   43         policy, common law, or any other law to an individual
   44         because the individual is or was an in-law in a
   45         specified way to another individual, is granted on
   46         equivalent terms, substantive and procedural, to an
   47         individual because the individual is or was in a
   48         domestic partnership or because the individual is or
   49         was, based on a domestic partnership, related in a
   50         specified way to another individual; providing that
   51         the act does not require or permit the extension of
   52         any benefit under a retirement, deferred compensation,
   53         or other employee benefit plan, if the plan
   54         administrator reasonably concludes that the extension
   55         of benefits to domestic partners would conflict with a
   56         condition for tax qualification of the plan, or a
   57         condition for other favorable tax treatment of the
   58         plan, under the Internal Revenue Code or regulations
   59         adopted under the Internal Revenue Code; amending ss.
   60         28.101 and 28.24, F.S.; setting forth fees and costs
   61         to be applied when petitioning for a dissolution of a
   62         domestic partnership or registering a Declaration of
   63         Domestic Partnership, respectively; amending s.
   64         97.1031, F.S.; providing notice to the supervisor of
   65         elections concerning a change of name due to
   66         registering a Declaration of Domestic Partnership;
   67         creating s. 220.121, F.S.; providing applicability of
   68         domestic partnerships to the tax laws of this state;
   69         amending s. 382.002, F.S.; defining the term
   70         “dissolution of a domestic partnership” for purposes
   71         of vital records; including a declaration of domestic
   72         partnership and a dissolution of a domestic
   73         partnership as vital records in this state; amending
   74         s. 382.003, F.S.; requiring the Department of Health
   75         to monitor declarations of domestic partnership forms
   76         and dissolution of domestic partnership reports sent
   77         from the circuit courts; amending s. 382.0085, F.S.;
   78         conforming a cross-reference; amending s. 382.021,
   79         F.S.; requiring the clerk of the circuit court to
   80         transmit all original Declarations of Domestic
   81         Partnership forms to the Department of Health by a
   82         specified date each month; amending ss. 382.022 and
   83         382.023, F.S.; requiring the clerk of the circuit
   84         court to collect a fee after receiving each
   85         Declaration of Domestic Partnership form and requiring
   86         the clerk of the circuit court to collect a fee upon
   87         filing a final judgment in each dissolution of
   88         domestic partnership proceeding, respectively;
   89         amending s. 382.025, F.S.; authorizing the Department
   90         of Health to issue a certified copy of certain records
   91         to a domestic partner; amending s. 382.0255, F.S.;
   92         providing that the Department of Health is entitled to
   93         a specified fee for the issuance of a commemorative
   94         certificate of domestic partnership; amending s.
   95         446.50, F.S.; requiring that funds generated from
   96         additional fees collected from Declarations of
   97         Domestic Partnership and dissolution of domestic
   98         partnership filings be deposited in the Displaced
   99         Homemaker Trust Fund; amending s. 741.01, F.S.;
  100         requiring the clerk of the circuit court to collect
  101         enumerated fees for registering a Declaration of
  102         Domestic Partnership; amending s. 741.011, F.S.;
  103         authorizing the clerk of the circuit court to accept
  104         installment payments from individuals who are unable
  105         to pay the fees to register a Declaration of Domestic
  106         Partnership in a lump sum; amending s. 741.02, F.S.;
  107         requiring the clerk of the circuit court to collect an
  108         additional fee upon registering a Declaration of
  109         Domestic Partnership; amending s. 741.09, F.S.;
  110         requiring the clerk of the circuit court to keep
  111         complete and accurate records of all declarations of
  112         domestic partnerships registered in that circuit;
  113         amending s. 741.10, F.S.; providing for methods to
  114         prove the existence of a registered Declaration
  115         Domestic Partnership when the certificate document has
  116         been lost or is otherwise unavailable; amending s.
  117         741.28, F.S.; redefining the term “family or household
  118         member” in the context of domestic violence to include
  119         a domestic partnership; reenacting ss. 921.0024(1)(b)
  120         and 943.171(2)(b), F.S., relating to the worksheet
  121         form for the Criminal Punishment Code and the basic
  122         skills training for domestic violence cases,
  123         respectively, to incorporate the amendments made to s.
  124         741.28, F.S., in a reference thereto; providing an
  125         effective date.
  126         
  127  Be It Enacted by the Legislature of the State of Florida:
  128         
  129         Section 1. Section 741.501, Florida Statutes, is created to
  130  read:
  131         741.501Legislative findings; purpose.—The Legislature
  132  finds that:
  133         (1)There are a significant number of individuals in this
  134  state who choose to live together in an important, personal,
  135  emotional, and economically committed relationship. These
  136  individuals live together, serve and participate together in the
  137  community, and often rear children and care for family members
  138  together.
  139         (2)These familial relationships, which are known as
  140  domestic partnerships, assist the state by establishing a
  141  private network of support for the financial, physical, and
  142  emotional health of their participants.
  143         (3)While some public and private institutions choose to
  144  recognize these familial relationships for limited purposes such
  145  as health benefits, hospital visitation, and medical
  146  decisionmaking for an incapacitated family member, many do not.
  147  Additionally, legal recognition of marriage by the state is the
  148  primary and, in a number of instances, the exclusive source of
  149  numerous rights, benefits, and responsibilities available to
  150  families under the law of this state.
  151         (4)Because of the material and other support that these
  152  familial relationships provide to their participants, the
  153  Legislature believes that they should be formally recognized and
  154  made uniform by law.
  155         (5)The Legislature recognizes that marriage is limited to
  156  the union of one man and one woman by Art. I of the State
  157  Constitution, and the Legislature does not seek to, and
  158  recognizes that it cannot, alter the definition of marriage in
  159  any way. The Legislature also recognizes that, while far short
  160  of the full legal and social rights, responsibilities, and
  161  recognition afforded by marriage, domestic partnerships extend
  162  important rights, responsibilities, and recognition to
  163  individuals who choose to form long-term, mutually supportive
  164  relationships. Recognition of domestic partnerships by the state
  165  will provide support to these familial relationships without
  166  affecting the definition of marriage, without creating or
  167  recognizing a legal relationship that is the substantial
  168  equivalent of marriage, and without affecting restrictions
  169  contained in federal law.
  170         (6)This state has a strong interest in promoting stable
  171  and lasting families, and all families should be provided with
  172  the opportunity to obtain necessary legal protections and status
  173  and the ability to achieve their fullest potential.
  174         (7)The Legislature leaves it to the dictates and
  175  conscience of partners entering into a domestic partnership to
  176  determine whether to seek a ceremony or blessing over the
  177  domestic partnership and to the dictates of each religious faith
  178  to determine whether to offer or permit a ceremony or blessing
  179  of domestic partnerships. Sections 741.501-741.509 do not
  180  require performance of any solemnization ceremony to enter into
  181  a binding domestic partnership agreement, and providing familial
  182  recognition through a domestic partnership system in no way
  183  interferes with the right of each religious faith to choose
  184  freely to whom to grant the religious status, sacrament, or
  185  blessing of marriage under the rules and practices of that
  186  faith.
  187         (8)Therefore, the Legislature declares that it is the
  188  policy of this state to establish and define the rights and
  189  responsibilities of domestic partners.
  190         Section 2. Section 741.502, Florida Statutes, is created to
  191  read:
  192         741.502Domestic partnerships; definitions.—As used in this
  193  ss. 741.501-741-509, the term:
  194         (1)“Department” means the Department of Health.
  195         (2)“Domestic partnership” means a civil contract entered
  196  into between two individuals who are 18 years of age or older
  197  and who are otherwise capable, at least one of whom is a
  198  resident of this state.
  199         (3)“Partner” means an individual joined in a domestic
  200  partnership.
  201         Section 3. Section 741.503, Florida Statutes, is created to
  202  read:
  203         741.503Declaration of domestic partnership; certificate of
  204  registered domestic partnership.—
  205         (1)The department shall prepare forms entitled:
  206         (a)“Declaration of Domestic Partnership” meeting the
  207  requirements of s. 741.504; and
  208         (b)“Certificate of Registered Domestic Partnership.”
  209         (2)The department shall distribute the Declaration of
  210  Domestic Partnership and Certificate of Registered Domestic
  211  Partnership forms to each clerk of the circuit court. The
  212  department and each clerk shall make the Declaration of Domestic
  213  Partnership forms available to the public.
  214         Section 4. Section 741.504, Florida Statutes, is created to
  215  read:
  216         741.504Domestic partnership; requirements.—
  217         (1)Each individual who desires to become a partner in a
  218  domestic partnership must execute and file a Declaration of
  219  Domestic Partnership. The declaration must include:
  220         (a)A statement that the individual is 18 years of age or
  221  older and is otherwise capable to enter into a domestic
  222  partnership.
  223         (b)A statement that the individual is a resident of this
  224  state.
  225         (c)The individual’s mailing address.
  226         (d)A statement that the individual consents to the
  227  jurisdiction of the circuit courts of this state for the purpose
  228  of an action to obtain a judgment of dissolution or annulment of
  229  the domestic partnership or for legal separation of the partners
  230  in the domestic partnership, or for any other proceeding related
  231  to the partners’ rights and obligations, even if one or both
  232  partners cease to reside in, or to maintain a domicile in, this
  233  state.
  234         (e)A signature by the individual, acknowledged by a notary
  235  public, along with a declaration that representations made on
  236  the form are true, correct, and contain no material omissions of
  237  fact to the best knowledge and belief of the individual.
  238         (f)Both partners’ signatures affixed to one Declaration of
  239  Domestic Partnership form.
  240         (2)A person who files an intentionally and materially
  241  false Declaration of Domestic Partnership form with the clerk of
  242  court commits a misdemeanor of the first degree, punishable as
  243  provided in s. 775.082 or s. 775.083.
  244         Section 5. Section 741.505, Florida Statutes, is created to
  245  read:
  246         741.505Domestic partnership; creation and registration.—
  247         (1)Two individuals wishing to become partners in a
  248  domestic partnership may complete and file a Declaration of
  249  Domestic Partnership with the clerk of the circuit court.
  250         (2)In accordance with the requirements of s. 741.504, the
  251  clerk of the circuit court may accept any reasonable proof of an
  252  individual's age which is satisfactory to the clerk. The clerk
  253  may require proof of age by affidavit of some individual other
  254  than either of the parties seeking to file the Declaration of
  255  Domestic Partnership if the clerk finds it necessary in order to
  256  determine the age of the individual to the clerk’s satisfaction.
  257         (3)If all legal requirements of ss. 741.502-741.509 have
  258  been satisfied, the clerk of the circuit court shall register
  259  the Declaration of Domestic Partnership in a domestic
  260  partnership registry and return a copy of the registered form
  261  and a Certificate of Registered Domestic Partnership to the
  262  partners in person or at the mailing address provided by the
  263  partners.
  264         (4)Notwithstanding s. 61.021, each person signing a
  265  Declaration of Domestic Partnership consents to the jurisdiction
  266  of the circuit courts of this state for the purpose of an action
  267  to obtain a judgment of dissolution or annulment of the domestic
  268  partnership, for legal separation of the partners in the
  269  domestic partnership, or for any other proceeding related to the
  270  partners’ rights and obligations, even if one or both partners
  271  cease to reside in, or to maintain a domicile in, this state.
  272         (5)An individual who has filed a Declaration of Domestic
  273  Partnership may not file a new Declaration of Domestic
  274  Partnership or enter a marriage recognized in this state with
  275  someone other than the individual’s registered partner unless a
  276  judgment of dissolution or annulment of the most recent domestic
  277  partnership has been entered. This prohibition does not apply if
  278  the previous domestic partnership ended because one of the
  279  partners died.
  280         (6)Notwithstanding s. 382.025 or any other law, the
  281  registry of domestic partnerships maintained by a clerk of the
  282  circuit court is a public record and subject to full disclosure.
  283         Section 6. Section 741.506, Florida Statutes, is created to
  284  read:
  285         741.506Domestic partnerships prohibited and void.
  286         (1)The following domestic partnerships are prohibited and
  287  void:
  288         (a)If either party to the domestic partnership has a
  289  different partner, or a wife or husband recognized by the State
  290  of Florida, living at the time of the domestic partnership.
  291         (b)If the parties to the domestic partnership are related
  292  by lineal consanguinity or are siblings, or if one party is the
  293  niece or nephew of the other party.
  294         (2)If either party to a domestic partnership is incapable
  295  of making the civil contract or consenting to the contract for
  296  want of legal age or sufficient understanding. If the consent of
  297  either party is obtained by force or fraud, the domestic
  298  partnership is void from the time it is so declared by a
  299  judgment of a court having jurisdiction of the domestic
  300  partnership.
  301         Section 7. Section 741.507, Florida Statutes, is created to
  302  read:
  303         741.507Domestic partnership; enforcement; dissolution and
  304  annulment.—The circuit court has jurisdiction over any
  305  proceeding relating to the domestic partners’ rights and
  306  obligations, including a petition for dissolution or annulment
  307  of the domestic partnership.
  308         Section 8. Section 741.508, Florida Statutes, is created to
  309  read:
  310         741.508Domestic partnership; name change.—Upon entering
  311  into a domestic partnership, an individual may retain the
  312  individual’s previous surname and either individual may resume
  313  the individual’s previous legal name during the domestic
  314  partnership.
  315         Section 9. Section 741.509, Florida Statutes, is created to
  316  read:
  317         741.509Domestic partnership; rights and responsibilities;
  318  no conflict with federal law.—
  319         (1)Any privilege, immunity, right, or benefit granted by
  320  statute, administrative or court rule, policy, common law, or
  321  any other law to an individual because the individual is or was
  322  an in-law in a specified way to another individual, is granted
  323  on equivalent terms, substantive and procedural, to an
  324  individual because the individual is or was in a domestic
  325  partnership or because the individual is or was, based on a
  326  domestic partnership, related in a specified way to another
  327  individual.
  328         (2)Any responsibility imposed by statute, administrative
  329  or court rule, policy, common law, or any other law on an
  330  individual because the individual is or was married, or because
  331  the individual is or was an in-law in a specified way to another
  332  individual, is imposed on equivalent terms, substantive and
  333  procedural, on an individual because the individual is or was,
  334  based on a domestic partnership, related in a specified way to
  335  another individual.
  336         (3)Any privilege, immunity, right, benefit, or
  337  responsibility granted or imposed by statute, administrative or
  338  court rule, policy, common law, or any other law to or on a
  339  spouse with respect to a child of either of the spouses is
  340  granted or imposed on equivalent terms, substantive and
  341  procedural, to or on a partner with respect to a child of either
  342  of the partners.
  343         (4)Any privilege, immunity, right, benefit, or
  344  responsibility granted or imposed by statute, administrative or
  345  court rule, policy, common law, or any other law to or on a
  346  former or surviving spouse with respect to a child of either of
  347  the spouses is granted or imposed on equivalent terms,
  348  substantive and procedural, to or on a former or surviving
  349  partner with respect to a child of either of the partners.
  350         (5)Many of the laws of this state are intertwined with
  351  federal law, and the Legislature recognizes that it does not
  352  have the jurisdiction to control federal laws or the privileges,
  353  immunities, rights, benefits, and responsibilities related to
  354  federal laws.
  355         (6)Sections 741.502-741.509 do not require or permit the
  356  extension of any benefit under any retirement, deferred
  357  compensation, or other employee benefit plan, if the plan
  358  administrator reasonably concludes that the extension of
  359  benefits would conflict with a condition for tax qualification
  360  of the plan, or a condition for other favorable tax treatment of
  361  the plan, under the Internal Revenue Code or regulations adopted
  362  under the Internal Revenue Code.
  363         (7)Sections 741.502-741.509 do not require the extension
  364  of any benefit under any employee benefit plan that is subject
  365  to federal regulation under the Employee Retirement Income
  366  Security Act of 1974.
  367         (8)For purposes of administering the tax laws of this
  368  state, partners in a domestic partnership, surviving partners in
  369  a domestic partnership, and the children of partners in a
  370  domestic partnership have the same privileges, immunities,
  371  rights, benefits, and responsibilities as are granted to or
  372  imposed on spouses in a marriage, surviving spouses, and their
  373  children.
  374         Section 10. Section 28.101, Florida Statutes, is amended to
  375  read:
  376         28.101 Petitions and records of dissolution of marriage and
  377  domestic partnership; additional charges.—
  378         (1) When a party petitions for a dissolution of marriage or
  379  domestic partnership, in addition to the filing charges in s.
  380  28.241, the clerk shall collect and receive:
  381         (a) A charge of $5. On a monthly basis, the clerk shall
  382  transfer the moneys collected pursuant to this paragraph to the
  383  Department of Revenue for deposit in the Child Welfare Training
  384  Trust Fund created in s. 402.40.
  385         (b) A charge of $5. On a monthly basis, the clerk shall
  386  transfer the moneys collected pursuant to this paragraph to the
  387  Department of Revenue for deposit in the Displaced Homemaker
  388  Trust Fund created in s. 446.50. If a petitioner does not have
  389  sufficient funds with which to pay this fee and signs an
  390  affidavit so stating, all or a portion of the fee shall be
  391  waived subject to a subsequent order of the court relative to
  392  the payment of the fee.
  393         (c) A charge of $55. On a monthly basis, the clerk shall
  394  transfer the moneys collected pursuant to this paragraph to the
  395  Department of Revenue for deposit in the Domestic Violence Trust
  396  Fund. Such funds which are generated shall be directed to the
  397  Department of Children and Family Services for the specific
  398  purpose of funding domestic violence centers.
  399         (d) A charge of $32.50. On a monthly basis, the clerk shall
  400  transfer the moneys collected pursuant to this paragraph as
  401  follows:
  402         1. An amount of $7.50 to the Department of Revenue for
  403  deposit in the Displaced Homemaker Trust Fund.
  404         2. An amount of $25 to the Department of Revenue for
  405  deposit in the General Revenue Fund.
  406         (2) Upon receipt of a final judgment of dissolution of
  407  marriage or dissolution of domestic partnership for filing, and
  408  in addition to the filing charges in s. 28.241, the clerk may
  409  collect and receive a service charge of up to $10.50 pursuant to
  410  s. 382.023 for the recording and reporting of such final
  411  judgment of dissolution of marriage or dissolution of domestic
  412  partnership to the Department of Health.
  413         Section 11. Subsection (23) of section 28.24, Florida
  414  Statutes, is amended to read:
  415         28.24 Service charges by clerk of the circuit court.—The
  416  clerk of the circuit court shall charge for services rendered by
  417  the clerk's office in recording documents and instruments and in
  418  performing the duties enumerated in amounts not to exceed those
  419  specified in this section. Notwithstanding any other provision
  420  of this section, the clerk of the circuit court shall provide
  421  without charge to the state attorney, public defender, guardian
  422  ad litem, public guardian, attorney ad litem, criminal conflict
  423  and civil regional counsel, and private court-appointed counsel
  424  paid by the state, and to the authorized staff acting on behalf
  425  of each, access to and a copy of any public record, if the
  426  requesting party is entitled by law to view the exempt or
  427  confidential record, as maintained by and in the custody of the
  428  clerk of the circuit court as provided in general law and the
  429  Florida Rules of Judicial Administration. The clerk of the
  430  circuit court may provide the requested public record in an
  431  electronic format in lieu of a paper format when capable of
  432  being accessed by the requesting entity.
  433  Charges
  434         (23) Upon receipt of an application for a marriage license
  435  or an application to register a Declaration of Domestic
  436  Partnership, for preparing and administering of oath; issuing,
  437  sealing, and recording of the marriage license or for
  438  registering the Declaration of Domestic Partnership; and
  439  providing a certified copy.................................30.00
  440         Section 12. Subsection (2) of section 97.1031, Florida
  441  Statutes, is amended to read:
  442         97.1031 Notice of change of residence, change of name, or
  443  change of party affiliation.—
  444         (2) When an elector moves from the address named on that
  445  person's voter registration record to another address in a
  446  different county but within the state, the elector seeks to
  447  change party affiliation, or the name of an elector is changed
  448  by marriage, registered Declaration of Domestic Partnership, or
  449  other legal process, the elector shall provide notice of such
  450  change to a voter registration official using a voter
  451  registration application signed by the elector. A voter
  452  information card reflecting the new information shall be issued
  453  to the elector as provided in subsection (3).
  454         Section 13. Section 220.121, Florida Statutes, is created
  455  to read:
  456         220.121Application to domestic partnerships.—This chapter
  457  applies to partners in a domestic partnership, as defined in s.
  458  741.502, and surviving partners as if federal income tax law
  459  recognized a domestic partnership in the same manner as Florida
  460  law.
  461         Section 14. Present subsections (6) through (16) of section
  462  382.002, Florida Statutes, are renumbered as subsections (7)
  463  through (17), respectively, a new subsection (6) is added to
  464  that section, and present subsection (15) of that section is
  465  amended, to read:
  466         382.002 Definitions.—As used in this chapter, the term:
  467         (6)“Dissolution of domestic partnership” includes an
  468  annulment of domestic partnership.
  469         (16)(15) “Vital records” or “records” means certificates or
  470  reports of birth, death, fetal death, marriage, dissolution of
  471  marriage, declaration of domestic partnership, dissolution of
  472  domestic partnership, name change filed pursuant to s. 68.07,
  473  and data related thereto.
  474         Section 15. Subsection (7) of section 382.003, Florida
  475  Statutes, is amended to read:
  476         382.003 Powers and duties of the department.—The department
  477  may:
  478         (7) Approve all forms used in registering, recording,
  479  certifying, and preserving vital records, or in otherwise
  480  carrying out the purposes of this chapter, and no other forms
  481  shall be used other than those approved by the department. The
  482  department is responsible for the careful examination of the
  483  certificates received monthly from the local registrars and
  484  marriage certificates, and dissolution of marriage reports,
  485  declarations of domestic partnership reports, and dissolution of
  486  domestic partnership reports received from the circuit and
  487  county courts. A certificate that is complete and satisfactory
  488  shall be accepted and given a state file number and considered a
  489  state-filed record. If any such certificates are incomplete or
  490  unsatisfactory, the department shall require further information
  491  to be supplied as may be necessary to make the record complete
  492  and satisfactory. All physicians, midwives, informants, or
  493  funeral directors, and all other persons having knowledge of the
  494  facts, are required to supply, upon a form approved by the
  495  department or upon the original certificate, such information as
  496  they may possess regarding any vital record.
  497         Section 16. Subsection (9) of section 382.0085, Florida
  498  Statutes, is amended to read:
  499         382.0085 Stillbirth registration.—
  500         (9) This section or s. 382.002(15) s. 382.002(14) may not
  501  be used to establish, bring, or support a civil cause of action
  502  seeking damages against any person or entity for bodily injury,
  503  personal injury, or wrongful death for a stillbirth.
  504         Section 17. Section 382.021, Florida Statutes, is amended
  505  to read:
  506         382.021 Department to receive marriage licenses and
  507  registered Declarations of Domestic Partnership.—On or before
  508  the 5th day of each month, the county court judge or clerk of
  509  the circuit court shall transmit all original marriage licenses,
  510  with endorsements, and all Declarations of Domestic Partnership
  511  received during the preceding calendar month, to the department.
  512  Any marriage licenses issued and not returned or any marriage
  513  licenses returned but not recorded shall be reported by the
  514  issuing county court judge or clerk of the circuit court to the
  515  department at the time of transmitting the recorded licenses on
  516  the forms to be prescribed and furnished by the department. If
  517  during any month no marriage licenses are issued or returned, or
  518  no Declarations of Domestic Partnership are registered, the
  519  county court judge or clerk of the circuit court shall report
  520  such fact to the department upon forms prescribed and furnished
  521  by the department.
  522         Section 18. Section 382.022, Florida Statutes, is amended
  523  to read:
  524         382.022 Marriage application; registration of Declaration
  525  of Domestic Partnership; fees.—Upon the receipt of each
  526  application for the issuance of a marriage license, or upon
  527  registering a Declaration of Domestic Partnership, the county
  528  court judge or clerk of the circuit court shall, pursuant to s.
  529  741.02, collect and receive a fee of $4 which shall be remitted
  530  to the Department of Revenue for deposit to the Department of
  531  Health to defray part of the cost of maintaining marriage and
  532  registered domestic partnership records.
  533         Section 19. Section 382.023, Florida Statutes, is amended
  534  to read:
  535         382.023 Department to receive dissolution-of-marriage and
  536  dissolution-of-domestic-partnership records; fees.—Clerks of the
  537  circuit courts shall collect for their services at the time of
  538  the filing of a final judgment of dissolution of marriage or
  539  dissolution-of-domestic-partnership a fee of up to $10.50, of
  540  which 43 percent shall be retained by the clerk of the circuit
  541  court as a part of the cost in the cause in which the judgment
  542  is granted. The remaining 57 percent shall be remitted to the
  543  Department of Revenue for deposit to the Department of Health to
  544  defray part of the cost of maintaining the dissolution-of
  545  marriage and dissolution-of-domestic-partnership records. A
  546  record of each and every judgment of dissolution of marriage and
  547  dissolution of domestic partnership granted by the court during
  548  the preceding calendar month, giving names of parties and such
  549  other data as required by forms prescribed by the department,
  550  shall be transmitted to the department, on or before the 10th
  551  day of each month, along with an accounting of the funds
  552  remitted to the Department of Revenue pursuant to this section.
  553         Section 20. Paragraph (a) of subsection (1) and paragraphs
  554  (a) and (c) of subsection (2) of section 382.025, Florida
  555  Statutes, are amended to read:
  556         382.025 Certified copies of vital records; confidentiality;
  557  research.—
  558         (1) BIRTH RECORDS.—Except for birth records over 100 years
  559  old which are not under seal pursuant to court order, all birth
  560  records of this state shall be confidential and are exempt from
  561  the provisions of s. 119.07(1).
  562         (a) Certified copies of the original birth certificate or a
  563  new or amended certificate, or affidavits thereof, are
  564  confidential and exempt from the provisions of s. 119.07(1) and,
  565  upon receipt of a request and payment of the fee prescribed in
  566  s. 382.0255, shall be issued only as authorized by the
  567  department and in the form prescribed by the department, and
  568  only:
  569         1. To the registrant, if of legal age;
  570         2. To the registrant's parent or guardian or other legal
  571  representative;
  572         3. Upon receipt of the registrant's death certificate, to
  573  the registrant's spouse or domestic partner or to the
  574  registrant's child, grandchild, or sibling, if of legal age, or
  575  to the legal representative of any of such persons;
  576         4. To any person if the birth record is over 100 years old
  577  and not under seal pursuant to court order;
  578         5. To a law enforcement agency for official purposes;
  579         6. To any agency of the state or the United States for
  580  official purposes upon approval of the department; or
  581         7. Upon order of any court of competent jurisdiction.
  582         (2) OTHER RECORDS.—
  583         (a) The department shall authorize the issuance of a
  584  certified copy of all or part of any marriage, dissolution of
  585  marriage, domestic partnership, dissolution of domestic
  586  partnership, or death or fetal death certificate, excluding that
  587  portion which is confidential and exempt from the provisions of
  588  s. 119.07(1) as provided under s. 382.008, to any person
  589  requesting it upon receipt of a request and payment of the fee
  590  prescribed by this section. A certification of the death or
  591  fetal death certificate which includes the confidential portions
  592  shall be issued only:
  593         1. To the registrant's spouse or domestic partner, or
  594  parent, or to the registrant's child, grandchild, or sibling, if
  595  of legal age, or to any person who provides a will that has been
  596  executed pursuant to s. 732.502, insurance policy, or other
  597  document that demonstrates his or her interest in the estate of
  598  the registrant, or to any person who provides documentation that
  599  he or she is acting on behalf of any of them;
  600         2. To any agency of the state or local government or the
  601  United States for official purposes upon approval of the
  602  department; or
  603         3. Upon order of any court of competent jurisdiction.
  604         (c) The department shall issue, upon request and upon
  605  payment of an additional fee prescribed by this section, a
  606  commemorative marriage license or Certificate of Registered
  607  Domestic Partnership representing that the marriage or domestic
  608  partnership of the persons named thereon is recorded in the
  609  office of the registrar. The certificate issued under this
  610  paragraph shall be in a form consistent with the need to protect
  611  the integrity of vital records but shall be suitable for
  612  display. It may bear the seal of the state printed thereon and
  613  may be signed by the Governor.
  614         Section 21. Paragraph (i) of subsection (1) of section
  615  382.0255, Florida Statutes, is amended to read:
  616         382.0255 Fees.—
  617         (1) The department is entitled to fees, as follows:
  618         (i) Twenty-five dollars for a commemorative certificate of
  619  birth, or marriage, or domestic partnership. Fees collected
  620  pursuant to this paragraph in excess of expenses shall be
  621  available for use by the Regional Perinatal Intensive Care
  622  Centers (RPICC) Program to prevent child abuse and neglect.
  623  Funds derived from the issuance of commemorative marriage
  624  certificates shall be available for use by the Improved
  625  Pregnancy Outcome Program.
  626         Section 22. Paragraph (b) of subsection (5) of section
  627  446.50, Florida Statutes, is amended to read:
  628         446.50 Displaced homemakers; multiservice programs; report
  629  to the Legislature; Displaced Homemaker Trust Fund created.—
  630         (5) DISPLACED HOMEMAKER TRUST FUND.—
  631         (b) The trust fund shall receive funds generated from an
  632  additional fee on marriage license applications, Declarations of
  633  Domestic Partnership, and dissolution of marriage, and
  634  dissolution of domestic partnership filings as specified in ss.
  635  741.01(3) and 28.101, respectively, and may receive funds from
  636  any other public or private source.
  637         Section 23. Section 741.01, Florida Statutes, is amended to
  638  read:
  639         741.01 County court judge or clerk of the circuit court to
  640  issue marriage license; fee.—
  641         (1) Every marriage license shall be issued by a county
  642  court judge or clerk of the circuit court under his or her hand
  643  and seal. The county court judge or clerk of the circuit court
  644  shall issue such license, upon application for the license, if
  645  there appears to be no impediment to the marriage. The county
  646  court judge or clerk of the circuit court shall collect and
  647  receive a fee of $2 for receiving the application for the
  648  issuance of a marriage license or for registering a Declaration
  649  of Domestic Partnership.
  650         (2) The fee charged for each marriage license issued and
  651  for each Declaration of Domestic Partnership registered in the
  652  state shall be increased by the sum of $25. This fee shall be
  653  collected upon receipt of the application for the issuance of a
  654  marriage license or upon registering the Declaration of Domestic
  655  Partnership and remitted by the clerk to the Department of
  656  Revenue for deposit in the Domestic Violence Trust Fund. The
  657  Executive Office of the Governor shall establish a Domestic
  658  Violence Trust Fund for the purpose of collecting and disbursing
  659  funds generated from the increase in the marriage license fee.
  660  Such funds which are generated shall be directed to the
  661  Department of Children and Family Services for the specific
  662  purpose of funding domestic violence centers, and the funds
  663  shall be appropriated in a “grants-in-aid” category to the
  664  Department of Children and Family Services for the purpose of
  665  funding domestic violence centers. From the proceeds of the
  666  surcharge deposited into the Domestic Violence Trust Fund as
  667  required under s. 938.08, the Executive Office of the Governor
  668  may spend up to $500,000 each year for the purpose of
  669  administering a statewide public-awareness campaign regarding
  670  domestic violence.
  671         (3) Further, the fee charged for each marriage license and
  672  for each Declaration of Domestic Partnership registered issued
  673  in the state shall be increased by an additional sum of $7.50 to
  674  be collected upon receipt of the application for the issuance of
  675  a marriage license. The clerk shall transfer such funds monthly
  676  to the Department of Revenue for deposit in the Displaced
  677  Homemaker Trust Fund created in s. 446.50.
  678         (4) An additional fee of $25 shall be paid to the clerk
  679  upon receipt of the application for issuance of a marriage
  680  license and for each Declaration of Domestic Partnership
  681  registered. The moneys collected shall be remitted by the clerk
  682  to the Department of Revenue, monthly, for deposit in the
  683  General Revenue Fund.
  684         (5) The fee charged for each marriage license issued in the
  685  state shall be reduced by a sum of $32.50 for all couples who
  686  present valid certificates of completion of a premarital
  687  preparation course from a qualified course provider registered
  688  under s. 741.0305(5) for a course taken no more than 1 year
  689  before prior to the date of application for a marriage license.
  690  For each license issued that is subject to the fee reduction of
  691  this subsection, the clerk is not required to transfer the sum
  692  of $7.50 to the Department of Revenue for deposit in the
  693  Displaced Homemaker Trust Fund pursuant to subsection (3) or to
  694  transfer the sum of $25 to the Department of Revenue for deposit
  695  in the General Revenue Fund.
  696         Section 24. Section 741.011, Florida Statutes, is amended
  697  to read:
  698         741.011 Installment payments.—An applicant for a marriage
  699  license or a Declaration of Domestic Partnership who is unable
  700  to pay the fees required under s. 741.01 in a lump sum may make
  701  payment in not more than three installments over a period of 90
  702  days. The clerk shall accept installment payments upon receipt
  703  of an affidavit that the applicant is unable to pay the fees in
  704  a lump-sum payment. Upon receipt of the third or final
  705  installment payment, the marriage license application shall be
  706  deemed filed, and the clerk shall issue the marriage license to
  707  the applicant or register the Declaration of Domestic
  708  Partnership and distribute the fees as provided in s. 741.01. In
  709  the event that the marriage license fee is paid in installments,
  710  the clerk shall retain $1 from the additional fee imposed
  711  pursuant to s. 741.01(4), as a processing fee.
  712         Section 25. Section 741.02, Florida Statutes, is amended to
  713  read:
  714         741.02 Additional fee.—Upon the receipt of each application
  715  for the issuance of a marriage license or for registering a
  716  Declaration of Domestic Partnership, the county court judge or
  717  clerk of the circuit court shall, in addition to the fee allowed
  718  by s. 741.01, collect and receive an additional fee of $4, to be
  719  distributed as provided by s. 382.022.
  720         Section 26. Section 741.09, Florida Statutes, is amended to
  721  read:
  722         741.09 Record of license, and certificate, and registered
  723  Declaration of Domestic Partnership.—The county court judge and
  724  clerk of the circuit court shall keep a correct record of all
  725  marriage licenses issued and domestic partnerships registered,
  726  with the names of the parties and the date of issuing, and upon
  727  the return of the license and certificate shall enter therein
  728  the name of the person solemnizing the marriage and the date of
  729  marriage.
  730         Section 27. Section 741.10, Florida Statutes, is amended to
  731  read:
  732         741.10 Proof of marriage or registered Declaration of
  733  Domestic Partnership where no certificate available.—When any
  734  marriage is or has been solemnized by any of the persons named
  735  in s. 741.07, and such person has not made a certificate thereof
  736  on the marriage license as required by s. 741.08, or when the
  737  marriage license or registered Declaration of Domestic
  738  Partnership has been lost, or when by reason of death or other
  739  cause the proper certificate cannot be obtained, the marriage or
  740  registered domestic partnership may be proved by affidavit
  741  before any officer authorized to administer oaths made by two
  742  competent witnesses who were present and saw the marriage
  743  ceremony performed, or the Declaration of Domestic Partnership
  744  executed under s. 741.505, which affidavit may be filed and
  745  recorded in the office of the county court judge or clerk of the
  746  circuit court from which the marriage license issued or in which
  747  the Declaration of Domestic Partnership was registered, with the
  748  same force and effect as in cases in which the proper
  749  certificate has been made, returned and recorded.
  750         Section 28. Subsection (3) of section 741.28, Florida
  751  Statutes, is amended to read:
  752         741.28 Domestic violence; definitions.—As used in ss.
  753  741.28-741.31:
  754         (3) “Family or household member” means spouses, former
  755  spouses, persons related by blood, or marriage, or domestic
  756  partnership, persons who are presently residing together as if a
  757  family or who have resided together in the past as if a family,
  758  and persons who are parents of a child in common regardless of
  759  whether they have been married. With the exception of persons
  760  who have a child in common, the family or household members must
  761  be currently residing or have in the past resided together in
  762  the same single dwelling unit.
  763         Section 29. For the purpose of incorporating the amendment
  764  made by this act to section 741.28, Florida Statutes, in a
  765  reference thereto, paragraph (b) of subsection (1) of section
  766  921.0024, Florida Statutes, is reenacted to read:
  767         921.0024 Criminal Punishment Code; worksheet computations;
  768  scoresheets.—
  769         (1)
  770                         (b) WORKSHEET KEY:                        
  771  Legal status points are assessed when any form of legal status
  772  existed at the time the offender committed an offense before the
  773  court for sentencing. Four (4) sentence points are assessed for
  774  an offender's legal status.
  775  Community sanction violation points are assessed when a
  776  community sanction violation is before the court for sentencing.
  777  Six (6) sentence points are assessed for each community sanction
  778  violation and each successive community sanction violation,
  779  unless any of the following apply:
  780         1. If the community sanction violation includes a new
  781  felony conviction before the sentencing court, twelve (12)
  782  community sanction violation points are assessed for the
  783  violation, and for each successive community sanction violation
  784  involving a new felony conviction.
  785         2. If the community sanction violation is committed by a
  786  violent felony offender of special concern as defined in s.
  787  948.06:
  788         a. Twelve (12) community sanction violation points are
  789  assessed for the violation and for each successive violation of
  790  felony probation or community control where:
  791         (I) The violation does not include a new felony conviction;
  792  and
  793         (II) The community sanction violation is not based solely
  794  on the probationer or offender's failure to pay costs or fines
  795  or make restitution payments.
  796         b. Twenty-four (24) community sanction violation points are
  797  assessed for the violation and for each successive violation of
  798  felony probation or community control where the violation
  799  includes a new felony conviction.
  800  Multiple counts of community sanction violations before the
  801  sentencing court shall not be a basis for multiplying the
  802  assessment of community sanction violation points.
  803  Prior serious felony points: If the offender has a primary
  804  offense or any additional offense ranked in level 8, level 9, or
  805  level 10, and one or more prior serious felonies, a single
  806  assessment of thirty (30) points shall be added. For purposes of
  807  this section, a prior serious felony is an offense in the
  808  offender's prior record that is ranked in level 8, level 9, or
  809  level 10 under s. 921.0022 or s. 921.0023 and for which the
  810  offender is serving a sentence of confinement, supervision, or
  811  other sanction or for which the offender's date of release from
  812  confinement, supervision, or other sanction, whichever is later,
  813  is within 3 years before the date the primary offense or any
  814  additional offense was committed.
  815  Prior capital felony points: If the offender has one or more
  816  prior capital felonies in the offender's criminal record, points
  817  shall be added to the subtotal sentence points of the offender
  818  equal to twice the number of points the offender receives for
  819  the primary offense and any additional offense. A prior capital
  820  felony in the offender's criminal record is a previous capital
  821  felony offense for which the offender has entered a plea of nolo
  822  contendere or guilty or has been found guilty; or a felony in
  823  another jurisdiction which is a capital felony in that
  824  jurisdiction, or would be a capital felony if the offense were
  825  committed in this state.
  826  Possession of a firearm, semiautomatic firearm, or machine gun:
  827  If the offender is convicted of committing or attempting to
  828  commit any felony other than those enumerated in s. 775.087(2)
  829  while having in his or her possession: a firearm as defined in
  830  s. 790.001(6), an additional eighteen (18) sentence points are
  831  assessed; or if the offender is convicted of committing or
  832  attempting to commit any felony other than those enumerated in
  833  s. 775.087(3) while having in his or her possession a
  834  semiautomatic firearm as defined in s. 775.087(3) or a machine
  835  gun as defined in s. 790.001(9), an additional twenty-five (25)
  836  sentence points are assessed.
  837  Sentencing multipliers:
  838  Drug trafficking: If the primary offense is drug trafficking
  839  under s. 893.135, the subtotal sentence points are multiplied,
  840  at the discretion of the court, for a level 7 or level 8
  841  offense, by 1.5. The state attorney may move the sentencing
  842  court to reduce or suspend the sentence of a person convicted of
  843  a level 7 or level 8 offense, if the offender provides
  844  substantial assistance as described in s. 893.135(4).
  845  Law enforcement protection: If the primary offense is a
  846  violation of the Law Enforcement Protection Act under s.
  847  775.0823(2), (3), or (4), the subtotal sentence points are
  848  multiplied by 2.5. If the primary offense is a violation of s.
  849  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  850  are multiplied by 2.0. If the primary offense is a violation of
  851  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
  852  Protection Act under s. 775.0823(10) or (11), the subtotal
  853  sentence points are multiplied by 1.5.
  854  Grand theft of a motor vehicle: If the primary offense is grand
  855  theft of the third degree involving a motor vehicle and in the
  856  offender's prior record, there are three or more grand thefts of
  857  the third degree involving a motor vehicle, the subtotal
  858  sentence points are multiplied by 1.5.
  859  Offense related to a criminal gang: If the offender is convicted
  860  of the primary offense and committed that offense for the
  861  purpose of benefiting, promoting, or furthering the interests of
  862  a criminal gang as prohibited under s. 874.04, the subtotal
  863  sentence points are multiplied by 1.5.
  864  Domestic violence in the presence of a child: If the offender is
  865  convicted of the primary offense and the primary offense is a
  866  crime of domestic violence, as defined in s. 741.28, which was
  867  committed in the presence of a child under 16 years of age who
  868  is a family or household member as defined in s. 741.28(3) with
  869  the victim or perpetrator, the subtotal sentence points are
  870  multiplied by 1.5.
  871         Section 30. For the purpose of incorporating the amendment
  872  made by this act to section 741.28, Florida Statutes, in a
  873  reference thereto, paragraph (b) of subsection (2) of section
  874  943.171, Florida Statutes, is reenacted to read:
  875         943.171 Basic skills training in handling domestic violence
  876  cases.—
  877         (2) As used in this section, the term:
  878         (b) “Household member” has the meaning set forth in s.
  879  741.28(3).
  880         Section 31. This act shall take effect July 1, 2009.