HB 1413

1
A bill to be entitled
2An act relating to premarital preparation; amending s.
3741.0306, F.S.; providing for the creation and revision of
4the Florida Marriage Handbook; creating the Marriage
5Education Committee; providing for membership on the
6committee; specifying the content for Parts A and B of the
7handbook; requiring the committee to be reconstituted once
8every 10 years for the purpose of reviewing and updating
9the content in the handbook; requiring the committee to
10submit a report to the Legislature by a specified date;
11providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Section 741.0306, Florida Statutes, is amended
16to read:
17     741.0306  Creation and revisions of the Florida Marriage
18Handbook a family law handbook.-
19     (1)  The Marriage Education Committee and Based upon their
20willingness to undertake this project, there shall be created by
21the Family Law Section of The Florida Bar shall create the
22Florida Marriage a Handbook. Part A of the handbook shall
23provide resources, information, and skills to help couples have
24a healthy and successful marriage. Part B of the handbook shall
25explain explaining those sections of Florida law pertaining to
26the rights and responsibilities under Florida law of marital
27partners to each other and to their children, both during a
28marriage and upon dissolution. The material in Part B of the
29handbook or other suitable electronic media shall be reviewed
30for accuracy by the Family Court Steering Committee of the
31Florida Supreme Court before prior to publication and
32distribution.
33     (2)  The Marriage Education Committee shall consist of six
34marriage education and family advocates, two of whom shall be
35appointed by the Governor, two of whom shall be appointed by the
36President of the Senate, and two of whom shall be appointed by
37the Speaker of the House of Representatives. The committee shall
38be appointed upon the act becoming a law and shall be
39reconstituted once every 10 years for the purpose of reviewing
40and updating the content in Part A of the handbook. The
41appointed members shall be appointed to a 1-year term or until
42completion of the review process. The committee shall be placed
43with the Department of Children and Family Services for
44administrative purposes only.
45     (3)(2)  The handbook must Such handbooks shall be available
46from the clerk of the circuit court upon application for a
47marriage license. The clerks may also make the information in
48the handbook available on videotape or other electronic media
49and are encouraged to provide a list of course providers and
50sites at which marriage and relationship skill-building classes
51are available.
52     (4)  The Marriage Education Committee shall provide the
53information contained in Part A of the handbook and shall review
54and update the information once every 10 years. The content of
55Part A may include, but need not be limited to:
56     (a)  Resources dealing with conflict resolution,
57communication skills, family expectations, financial
58responsibilities and management, and children and parenting
59responsibilities.
60     (b)  Current information from marriage education and family
61advocates which is intended to assist couples in forming and
62maintaining a long-term marital relationship.
63     (c)  Information regarding premarital education, marriage
64enrichment education, and resources that are available to help
65restore a marriage that is potentially moving toward
66dissolution.
67     (d)  Contact information and website links to additional
68resources and local professional and community services to
69further assist couples.
70     (5)(3)  The information contained in Part B of the handbook
71or other electronic media presentation shall be provided by the
72Family Law Section of The Florida Bar and may be reviewed and
73updated annually, and may include, but need not be limited to:
74     (a)  Prenuptial agreements; as a contract and as an
75opportunity to structure financial arrangements and other
76aspects of the marital relationship.
77     (b)  Shared parental responsibility for children and the
78determination of a parenting plan, including a time-sharing
79schedule.
80     (c)  Permanent relocation restrictions.
81     (d)  Child support for minor children; both parents are
82obligated for support in accordance with the applicable child
83support guidelines schedule.
84     (e)  Property rights, including equitable distribution,
85premarital property, and nonmarital property.
86     (f)  Alimony, including temporary, permanent
87rehabilitative, and lump sum.
88     (g)  Domestic violence and child abuse and neglect,
89including penalties and other ramifications of false reporting.
90     (h)  Court process for dissolution with or without legal
91assistance, including who may attend, the recording of
92proceedings, how to access those records, and the cost of such
93access.
94     (i)  Parent education course requirements for divorcing
95parents with children.
96     (j)  Community resources that are available for separating
97or divorcing persons and their children.
98     (k)  Women's rights specified in the Battered Women's Bill
99of Rights.
100     (6)(4)  The material contained in the such a handbook may
101also be provided through videotape or other suitable electronic
102media. The information contained in Part B of the handbook or
103other electronic media presentation shall be reviewed and
104updated annually.
105     (7)(5)  The Florida Marriage existing family law Handbook
106shall be reviewed and a report provided to the Legislature every
10710 years by October 1, 2008, or as soon thereafter as
108practicable, with explanations about changes made to the
109handbook and recommendations for further updating the handbook.
110     Section 2.  This act shall take effect July 1, 2010.


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