Florida Senate - 2010 SB 2438
By Senator Storms
10-01463B-10 20102438__
1 A bill to be entitled
2 An act relating to premarital preparation; amending s.
3 741.0306, F.S.; providing for the creation and
4 revision of the Florida Marriage Handbook; creating
5 the Marriage Education Committee; providing for
6 membership on the committee; specifying the content
7 for Parts A and B of the handbook; requiring the
8 committee to be reconstituted once every 10 years for
9 the purpose of reviewing and updating the content in
10 the handbook; requiring the committee to submit a
11 report to the Legislature by a specified date;
12 providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 741.0306, Florida Statutes, is amended
17 to read:
18 741.0306 Creation and revisions of the Florida Marriage
19 Handbook a family law handbook.—
20 (1) The Marriage Education Committee and Based upon their
21 willingness to undertake this project, there shall be created by
22 the Family Law Section of The Florida Bar shall create the
23 Florida Marriage a Handbook. Part A of the handbook shall
24 provide resources, information, and skills to help couples have
25 a healthy and successful marriage. Part B of the handbook shall
26 explain explaining those sections of Florida law pertaining to
27 the rights and responsibilities under Florida law of marital
28 partners to each other and to their children, both during a
29 marriage and upon dissolution. The material in Part B of the
30 handbook or other suitable electronic media shall be reviewed
31 for accuracy by the Family Court Steering Committee of the
32 Florida Supreme Court before prior to publication and
33 distribution.
34 (2) The Marriage Education Committee shall consist of six
35 marriage education and family advocates, two of whom shall be
36 appointed by the Governor, two of whom shall be appointed by the
37 President of the Senate, and two of whom shall be appointed by
38 the Speaker of the House of Representatives. The committee shall
39 be appointed upon the act becoming a law and shall be
40 reconstituted once every 10 years for the purpose of reviewing
41 and updating the content in Part A of the handbook. The
42 appointed members shall be appointed to a 1-year term or until
43 completion of the review process. The committee shall be placed
44 with the Department of Children and Family Services for
45 administrative purposes only.
46 (3)(2) The handbook must Such handbooks shall be available
47 from the clerk of the circuit court upon application for a
48 marriage license. The clerks may also make the information in
49 the handbook available on videotape or other electronic media
50 and are encouraged to provide a list of course providers and
51 sites at which marriage and relationship skill-building classes
52 are available.
53 (4) The Marriage Education Committee shall provide the
54 information contained in Part A of the handbook and shall review
55 and update the information once every 10 years. The content of
56 Part A may include, but need not be limited to:
57 (a) Resources dealing with conflict resolution,
58 communication skills, family expectations, financial
59 responsibilities and management, and children and parenting
60 responsibilities.
61 (b) Current information from marriage education and family
62 advocates which is intended to assist couples in forming and
63 maintaining a long-term marital relationship.
64 (c) Information regarding premarital education, marriage
65 enrichment education, and resources that are available to help
66 restore a marriage that is potentially moving toward
67 dissolution.
68 (d) Contact information and website links to additional
69 resources and local professional and community services to
70 further assist couples.
71 (5)(3) The information contained in Part B of the handbook
72 or other electronic media presentation shall be provided by the
73 Family Law Section of The Florida Bar and may be reviewed and
74 updated annually, and may include, but need not be limited to:
75 (a) Prenuptial agreements; as a contract and as an
76 opportunity to structure financial arrangements and other
77 aspects of the marital relationship.
78 (b) Shared parental responsibility for children and the
79 determination of a parenting plan, including a time-sharing
80 schedule.
81 (c) Permanent relocation restrictions.
82 (d) Child support for minor children; both parents are
83 obligated for support in accordance with the applicable child
84 support guidelines schedule.
85 (e) Property rights, including equitable distribution,
86 premarital property, and nonmarital property.
87 (f) Alimony, including temporary, permanent rehabilitative,
88 and lump sum.
89 (g) Domestic violence and child abuse and neglect,
90 including penalties and other ramifications of false reporting.
91 (h) Court process for dissolution with or without legal
92 assistance, including who may attend, the recording of
93 proceedings, how to access those records, and the cost of such
94 access.
95 (i) Parent education course requirements for divorcing
96 parents with children.
97 (j) Community resources that are available for separating
98 or divorcing persons and their children.
99 (k) Women’s rights specified in the Battered Women’s Bill
100 of Rights.
101 (6)(4) The material contained in the such a handbook may
102 also be provided through videotape or other suitable electronic
103 media. The information contained in Part B of the handbook or
104 other electronic media presentation shall be reviewed and
105 updated annually.
106 (7)(5) The Florida Marriage existing family law Handbook
107 shall be reviewed and a report provided to the Legislature every
108 10 years by October 1, 2008, or as soon thereafter as
109 practicable, with explanations about changes made to the
110 handbook and recommendations for further updating the handbook.
111 Section 2. This act shall take effect July 1, 2010.