HB 477

1
A bill to be entitled
2An act relating to domestic partnerships; amending ss.
328.101 and 28.24, F.S.; setting forth fees and costs to be
4applied when petitioning for a dissolution of a domestic
5partnership or registering a domestic partnership,
6respectively; amending s. 97.1031, F.S.; providing notice
7to the supervisor of elections concerning a change of name
8due to participation in a domestic partnership; creating
9s. 220.121, F.S.; providing applicability of domestic
10partnerships to state tax laws; amending s. 382.002, F.S.;
11defining the term "dissolution of a domestic partnership"
12for purposes of vital records; including domestic
13partnerships and dissolution of domestic partnership as
14vital records in this state; conforming cross-references;
15amending s. 382.003, F.S.; requiring the Department of
16Health to examine all certificates of domestic partnership
17forms and dissolution of domestic partnership reports sent
18from the courts; amending s. 382.0085, F.S.; conforming a
19cross-reference; amending s. 382.021, F.S.; requiring the
20clerk of the circuit court to transmit all original
21declarations of domestic partnership to the Department of
22Health by a specified date each month; amending s.
23382.022, F.S.; requiring the clerk of the circuit court to
24collect a fee after registering a domestic partnership;
25amending s. 382.023, F.S.; requiring the clerk of the
26circuit court to collect a fee upon filing a final
27judgment for a dissolution of domestic partnership;
28amending s. 382.025, F.S.; authorizing the Department of
29Health to issue a certified copy of certain vital records
30to a domestic partner; amending s. 382.0255, F.S.;
31providing that the Department of Health is entitled to a
32specified fee for the issuance of a commemorative
33certificate of domestic partnership; amending s. 446.50,
34F.S.; requiring that certain fees relating to declarations
35of domestic partnership and dissolution of domestic
36partnership filings be deposited in the Displaced
37Homemaker Trust Fund; amending s. 741.28, F.S.; redefining
38the term "family or household member" in the context of
39domestic violence to include a domestic partnership;
40creating s. 741.501, F.S.; providing legislative findings;
41creating s. 741.502, F.S.; defining terms; creating s.
42741.503, F.S.; requiring the Department of Health to
43create and distribute the Declaration of Domestic
44Partnership and Certificate of Registered Domestic
45Partnership forms to each clerk of the circuit court;
46requiring the department and each clerk of the circuit
47court to make the Declaration of Domestic Partnership form
48available to the public; creating s. 741.504, F.S.;
49providing that the circuit court has jurisdiction over
50domestic partnership proceedings; requiring the clerk of
51the circuit court to maintain a domestic partnership
52registry; providing that the registry is a public record;
53creating s. 741.505, F.S.; requiring two individuals who
54wish to become partners in a domestic partnership to
55complete and file a Declaration of Domestic Partnership
56form with the clerk of the circuit court; specifying the
57required contents of the completed form; providing that
58each partner who signs the form consents to the
59jurisdiction of the circuit court for certain specified
60purposes; providing that if a person files an
61intentionally and materially false form, he or she commits
62a misdemeanor of the first degree; providing criminal
63penalties; requiring the clerk of the circuit court to
64register the Declaration of Domestic Partnership in a
65domestic partnership registry and issue a Certificate of
66Registered Domestic Partnership; creating s. 741.506,
67F.S.; authorizing the domestic partners to retain
68surnames; creating s. 741.507, F.S.; providing that any
69privilege or responsibility granted or imposed by statute,
70administrative or court rule, policy, common law, or any
71other law to an individual because the individual is or
72was related to another by marriage, or is a child of
73either of the spouses, is granted on equivalent terms to
74domestic partners or individuals similarly related to
75domestic partners; providing that the act does not require
76or permit the extension of any benefit under a retirement,
77deferred compensation, or other employee benefit plan, if
78the plan administrator reasonably concludes that the
79extension of benefits to partners would conflict with a
80condition for tax qualification of the plan, or a
81condition for other favorable tax treatment of the plan,
82under the Internal Revenue Code; creating s. 741.508,
83F.S.; specifying prohibited or void domestic partnerships;
84creating s. 741.509, F.S.; requiring that the clerk of the
85circuit court collect certain fees for receiving a
86Declaration of Domestic Partnership; authorizing the clerk
87of the circuit court to accept installment payments from
88individuals who are unable to pay the fees in a lump sum;
89creating s. 741.510, F.S.; providing methods to prove the
90existence of a registered Declaration Domestic Partnership
91when the certificate document has been lost or is
92otherwise unavailable; reenacting ss. 921.0024(1)(b) and
93943.171(2)(b), F.S., relating to the worksheet form for
94the Criminal Punishment Code and the basic skills training
95for domestic violence cases, respectively, to incorporate
96the amendments made to s. 741.28, F.S., in references
97thereto; providing an effective date.
98
99Be It Enacted by the Legislature of the State of Florida:
100
101     Section 1.  Section 28.101, Florida Statutes, is amended to
102read:
103     28.101  Petitions and records of dissolution of marriage
104and domestic partnership; additional charges.-
105     (1)  When a party petitions for a dissolution of marriage
106or dissolution of domestic partnership, in addition to the
107filing charges in s. 28.241, the clerk shall collect and
108receive:
109     (a)  A charge of $5. On a monthly basis, the clerk shall
110transfer the moneys collected pursuant to this paragraph to the
111Department of Revenue for deposit in the Child Welfare Training
112Trust Fund created in s. 402.40.
113     (b)  A charge of $5. On a monthly basis, the clerk shall
114transfer the moneys collected pursuant to this paragraph to the
115Department of Revenue for deposit in the Displaced Homemaker
116Trust Fund created in s. 446.50. If a petitioner does not have
117sufficient funds with which to pay this fee and signs an
118affidavit so stating, all or a portion of the fee shall be
119waived subject to a subsequent order of the court relative to
120the payment of the fee.
121     (c)  A charge of $55. On a monthly basis, the clerk shall
122transfer the moneys collected pursuant to this paragraph to the
123Department of Revenue for deposit in the Domestic Violence Trust
124Fund. Such funds which are generated shall be directed to the
125Department of Children and Family Services for the specific
126purpose of funding domestic violence centers.
127     (d)  A charge of $32.50. On a monthly basis, the clerk
128shall transfer the moneys collected pursuant to this paragraph
129as follows:
130     1.  An amount of $7.50 to the Department of Revenue for
131deposit in the Displaced Homemaker Trust Fund.
132     2.  An amount of $25 to the Department of Revenue for
133deposit in the General Revenue Fund.
134     (2)  Upon receipt of a final judgment of dissolution of
135marriage or dissolution of domestic partnership for filing, and
136in addition to the filing charges in s. 28.241, the clerk may
137collect and receive a service charge of up to $10.50 pursuant to
138s. 382.023 for the recording and reporting the of such final
139judgment of dissolution of marriage to the Department of Health.
140     Section 2.  Subsection (23) of section 28.24, Florida
141Statutes, is amended to read:
142     28.24  Service charges by clerk of the circuit court.-The
143clerk of the circuit court shall charge for services rendered by
144the clerk's office in recording documents and instruments and in
145performing the duties enumerated in amounts not to exceed those
146specified in this section. Notwithstanding any other provision
147of this section, the clerk of the circuit court shall provide
148without charge to the state attorney, public defender, guardian
149ad litem, public guardian, attorney ad litem, criminal conflict
150and civil regional counsel, and private court-appointed counsel
151paid by the state, and to the authorized staff acting on behalf
152of each, access to and a copy of any public record, if the
153requesting party is entitled by law to view the exempt or
154confidential record, as maintained by and in the custody of the
155clerk of the circuit court as provided in general law and the
156Florida Rules of Judicial Administration. The clerk of the
157circuit court may provide the requested public record in an
158electronic format in lieu of a paper format when capable of
159being accessed by the requesting entity.
160
161Charges
162
163     (23)  Upon receipt of an application for a marriage license
164or a declaration of domestic partnership, for preparing and
165administering of oath; issuing, sealing, and recording of the
166marriage license or registering the domestic partnership; and
167providing a certified copy     30.00
168     Section 3.  Subsection (2) of section 97.1031, Florida
169Statutes, is amended to read:
170     97.1031  Notice of change of residence, change of name, or
171change of party affiliation.-
172     (2)  When an elector moves from the address named on that
173person's voter registration record to another address in a
174different county but within the state, the elector seeks to
175change party affiliation, or the name of an elector is changed
176by marriage, domestic partnership, or other legal process, the
177elector shall provide notice of such change to a voter
178registration official using a voter registration application
179signed by the elector. A voter information card reflecting the
180new information shall be issued to the elector as provided in
181subsection (3).
182     Section 4.  Section 220.121, Florida Statutes, is created
183to read:
184     220.121  Application to domestic partnerships.-This chapter
185applies to partners in a domestic partnership, as defined in s.
186741.502, and surviving partners as if federal income tax law
187recognized a domestic partnership in the same manner as state
188law.
189     Section 5.  Present subsections (6) through (16) of section
190382.002, Florida Statutes, are renumbered as subsections (7)
191through (17), respectively, a new subsection (6) is added to
192that section, and present subsections (7), (8), and (15) of that
193section are amended, to read:
194     382.002  Definitions.-As used in this chapter, the term:
195     (6)  "Dissolution of domestic partnership" includes an
196annulment of domestic partnership.
197     (8)(7)  "Final disposition" means the burial, interment,
198cremation, removal from the state, or other authorized
199disposition of a dead body or a fetus as described in subsection
200(7) (6). In the case of cremation, dispersion of ashes or
201cremation residue is considered to occur after final
202disposition; the cremation itself is considered final
203disposition.
204     (9)(8)  "Funeral director" means a licensed funeral
205director or direct disposer licensed pursuant to chapter 497 or
206other person who first assumes custody of or effects the final
207disposition of a dead body or a fetus as described in subsection
208(7) (6).
209     (16)(15)  "Vital records" or "records" means certificates
210or reports of birth, death, fetal death, marriage, domestic
211partnership, dissolution of marriage or domestic partnership,
212name change filed pursuant to s. 68.07, and data related
213thereto.
214     Section 6.  Subsection (7) of section 382.003, Florida
215Statutes, is amended to read:
216     382.003  Powers and duties of the department.-The
217department shall:
218     (7)  Approve all forms used in registering, recording,
219certifying, and preserving vital records, or in otherwise
220carrying out the purposes of this chapter, and no other forms
221may not shall be used other than those approved by the
222department. The department is responsible for the careful
223examination of the certificates received monthly from the local
224registrars and marriage certificates, certificates of domestic
225partnership, and dissolution of marriage and domestic
226partnership reports received from the circuit and county courts.
227A certificate that is complete and satisfactory shall be
228accepted and given a state file number and considered a state-
229filed record. If any such certificates are incomplete or
230unsatisfactory, the department shall require further information
231to be supplied as may be necessary to make the record complete
232and satisfactory. All physicians, midwives, informants, or
233funeral directors, and all other persons having knowledge of the
234facts, are required to supply, upon a form approved by the
235department or upon the original certificate, such information as
236they may possess regarding any vital record.
237     Section 7.  Subsection (9) of section 382.0085, Florida
238Statutes, is amended to read:
239     382.0085  Stillbirth registration.-
240     (9)  This section or s. 382.002(15) s. 382.002(14) may not
241be used to establish, bring, or support a civil cause of action
242seeking damages against any person or entity for bodily injury,
243personal injury, or wrongful death for a stillbirth.
244     Section 8.  Section 382.021, Florida Statutes, is amended
245to read:
246     382.021  Department to receive marriage licenses and
247declarations of domestic partnership.-On or before the 5th day
248of each month, the county court judge or clerk of the circuit
249court shall transmit to the department all original marriage
250licenses, with endorsements, and all declarations of domestic
251partnership received during the preceding calendar month, to the
252department. Any marriage licenses or declarations of domestic
253partnership issued and not returned, or any marriage licenses
254returned but not recorded, shall be reported by the issuing
255county court judge or clerk of the circuit court to the
256department at the time of transmitting the recorded licenses or
257declarations on the forms to be prescribed and furnished by the
258department. If during any month no marriage licenses or
259declarations of domestic partnership are issued or returned, the
260county court judge or clerk of the circuit court shall report
261such fact to the department upon forms prescribed and furnished
262by the department.
263     Section 9.  Section 382.022, Florida Statutes, is amended
264to read:
265     382.022  Marriage application; registration of domestic
266partnership; fees.-Upon the receipt of each application for the
267issuance of a marriage license or registering a domestic
268partnership, the county court judge or clerk of the circuit
269court shall, pursuant to s. 741.02, collect and receive a fee of
270$4 which shall be remitted to the Department of Revenue for
271deposit to the Department of Health to defray part of the cost
272of maintaining marriage and domestic partnership records.
273     Section 10.  Section 382.023, Florida Statutes, is amended
274to read:
275     382.023  Department to receive dissolution-of-marriage and
276dissolution-of-domestic-partnership records; fees.-Clerks of the
277circuit courts shall collect for their services At the time of
278the filing of a final judgment of dissolution of marriage or
279dissolution of domestic partnership, the clerk of the circuit
280court shall collect a fee of up to $10.50, of which 43 percent
281shall be retained by the clerk of the circuit court as a part of
282the cost in the cause in which the judgment is granted. The
283remaining 57 percent shall be remitted to the Department of
284Revenue for deposit to the Department of Health to defray part
285of the cost of maintaining the dissolution-of-marriage and
286dissolution-of-domestic-partnership records. A record of each
287and every judgment of dissolution of marriage and dissolution of
288domestic partnership granted by the court during the preceding
289calendar month, giving names of parties and such other data as
290required by forms prescribed by the department, shall be
291transmitted to the department, on or before the 10th day of each
292month, along with an accounting of the funds remitted to the
293Department of Revenue pursuant to this section.
294     Section 11.  Paragraph (a) of subsection (1) and paragraphs
295(a) and (c) of subsection (2) of section 382.025, Florida
296Statutes, are amended to read:
297     382.025  Certified copies of vital records;
298confidentiality; research.-
299     (1)  BIRTH RECORDS.-Except for birth records over 100 years
300old which are not under seal pursuant to court order, all birth
301records of this state shall be confidential and are exempt from
302the provisions of s. 119.07(1).
303     (a)  Certified copies of the original birth certificate or
304a new or amended certificate, or affidavits thereof, are
305confidential and exempt from the provisions of s. 119.07(1) and,
306upon receipt of a request and payment of the fee prescribed in
307s. 382.0255, shall be issued only as authorized by the
308department and in the form prescribed by the department, and
309only:
310     1.  To the registrant, if of legal age;
311     2.  To the registrant's parent or guardian or other legal
312representative;
313     3.  Upon receipt of the registrant's death certificate, to
314the registrant's spouse or domestic partner or to the
315registrant's child, grandchild, or sibling, if of legal age, or
316to the legal representative of any of such persons;
317     4.  To any person if the birth record is over 100 years old
318and not under seal pursuant to court order;
319     5.  To a law enforcement agency for official purposes;
320     6.  To any agency of the state or the United States for
321official purposes upon approval of the department; or
322     7.  Upon order of any court of competent jurisdiction.
323     (2)  OTHER RECORDS.-
324     (a)  The department shall authorize the issuance of a
325certified copy of all or part of any marriage, domestic
326partnership, dissolution of marriage or domestic partnership, or
327death or fetal death certificate, excluding that portion which
328is confidential and exempt from the provisions of s. 119.07(1)
329as provided under s. 382.008, to any person requesting it upon
330receipt of a request and payment of the fee prescribed by this
331section. A certification of the death or fetal death certificate
332which includes the confidential portions shall be issued only:
333     1.  To the registrant's spouse, domestic partner, or
334parent, or to the registrant's child, grandchild, or sibling, if
335of legal age, or to any person who provides a will that has been
336executed pursuant to s. 732.502, insurance policy, or other
337document that demonstrates his or her interest in the estate of
338the registrant, or to any person who provides documentation that
339he or she is acting on behalf of any of them;
340     2.  To any agency of the state or local government or the
341United States for official purposes upon approval of the
342department; or
343     3.  Upon order of any court of competent jurisdiction.
344     (c)  The department shall issue, upon request and upon
345payment of an additional fee prescribed by this section, a
346commemorative marriage license or certificate of domestic
347partnership representing that the marriage or domestic
348partnership of the persons named thereon is recorded in the
349office of the registrar. The certificate issued under this
350paragraph must shall be in a form consistent with the need to
351protect the integrity of vital records but must shall be
352suitable for display. It may bear the seal of the state printed
353thereon and may be signed by the Governor.
354     Section 12.  Paragraph (i) of subsection (1) of section
355382.0255, Florida Statutes, is amended to read:
356     382.0255  Fees.-
357     (1)  The department is entitled to fees, as follows:
358     (i)  Twenty-five dollars for a commemorative certificate of
359birth, or marriage, or domestic partnership. Fees collected
360pursuant to this paragraph in excess of expenses shall be used
361available for use by the Regional Perinatal Intensive Care
362Centers (RPICC) Program to prevent child abuse and neglect.
363Funds derived from the issuance of commemorative marriage
364certificates shall be used available for use by the Improved
365Pregnancy Outcome Program.
366     Section 13.  Paragraph (b) of subsection (5) of section
367446.50, Florida Statutes, is amended to read:
368     446.50  Displaced homemakers; multiservice programs; report
369to the Legislature; Displaced Homemaker Trust Fund created.-
370     (5)  DISPLACED HOMEMAKER TRUST FUND.-
371     (b)  The trust fund shall receive funds generated from an
372additional fee on marriage license applications, declarations of
373domestic partnerships, and dissolution of marriage and domestic
374partnership filings as specified in ss. 741.01(3), 741.509, and
37528.101, respectively, and may receive funds from any other
376public or private source.
377     Section 14.  Subsection (3) of section 741.28, Florida
378Statutes, is amended to read:
379     741.28  Domestic violence; definitions.-As used in ss.
380741.28-741.31:
381     (3)  "Family or household member" means spouses;, former
382spouses;, persons related by blood, or marriage, or domestic
383partnership; persons who are presently residing together as if a
384family or who have resided together in the past as if a family;,
385and persons who are parents of a child in common regardless of
386whether they have been married. With the exception of persons
387who have a child in common, the family or household members must
388be currently residing or have in the past resided together in
389the same single dwelling unit.
390     Section 15.  Section 741.501, Florida Statutes, is created
391to read:
392     741.501  Legislative findings.-The Legislature finds that:
393     (1)  There are a significant number of individuals in this
394state who live together in important, personal, emotional, and
395economically committed relationships. Together, these
396individuals live, serve, and participate in the community, and
397often rear children and care for family members.
398     (2)  These familial relationships, often referred to as
399domestic partnerships, assist the state by providing a private
400network of support for the financial, physical, and emotional
401health of their participants.
402     (3)  The state has a strong interest in promoting stable
403and lasting families, and believes that all families should be
404provided with the opportunity to obtain necessary legal
405protections and status and the ability to achieve their fullest
406potential.
407     (4)  While some public and private institutions recognize
408domestic partnerships for limited purposes such as health
409benefits, hospital visitation, and medical decisionmaking for an
410incapacitated family member, many do not. Historically, legal
411recognition of marriage by the state is the primary and, in a
412number of instances, the exclusive source of numerous rights,
413benefits, and responsibilities available to families under the
414laws of this state.
415     (5)  The status of marriage in this state is limited by
416Art. I of the State Constitution to the union of one man and one
417woman and the Legislature does not seek to alter the definition
418of marriage in any way. The Legislature also finds, however,
419that recognition of domestic partnerships can provide an
420alternative mechanism for extending certain important rights and
421responsibilities to individuals who choose to form long-term,
422mutually supportive relationships. Such recognition will provide
423support to these familial relationships without affecting the
424definition of marriage, without creating or recognizing a legal
425relationship that is the substantial equivalent of marriage, and
426without affecting restrictions contained in federal law.
427     (6)  The decision to offer or seek a ceremony or blessing
428over the domestic partnership should be left to the dictates of
429each religious faith and to the preferences of the persons
430entering into the partnership. Sections 741.501-741.510 do not
431require performance of any solemnization ceremony to enter into
432a binding domestic partnership agreement and do not interfere
433with the right of each religious faith to choose freely to whom
434to grant the religious status, sacrament, or blessing of
435marriage under the rules and practices of that faith.
436     (7)  Because of the material and other support that these
437familial relationships provide to their participants, these
438relationships should be formally recognized and made uniform by
439law. Therefore, the Legislature declares that it is the policy
440of this state to establish and define the rights and
441responsibilities of domestic partners.
442     Section 16.  Section 741.502, Florida Statutes, is created
443to read:
444     741.502  Definitions.-As used in ss. 741.501-741.510, the
445term:
446     (1)  "Department" means the Department of Health.
447     (2)  "Domestic partnership" means a civil contract entered
448into between two individuals who are 18 years of age or older
449and otherwise capable, of which at least one of whom is a
450resident of this state.
451     (3)  "Partner" means an individual joined in a domestic
452partnership.
453     Section 17.  Section 741.503, Florida Statutes, is created
454to read:
455     741.503  Forms.-
456     (1)  Pursuant to s. 382.003(7), the department shall
457prepare forms entitled:
458     (a)  "Declaration of Domestic Partnership" which meets the
459requirements of s. 741.505.
460     (b)  "Certificate of Registered Domestic Partnership."
461     (2)  The department shall distribute the Declaration of
462Domestic Partnership and Certificate of Registered Domestic
463Partnership forms to each clerk of the circuit court. The
464department and each clerk shall make the Declaration of Domestic
465Partnership form available to the public.
466     Section 18.  Section 741.504, Florida Statutes, is created
467to read:
468     741.504  Court jurisdiction and duties; registry.-
469     (1)  The circuit court has jurisdiction over any proceeding
470relating to the domestic partners' rights and obligations,
471including a petition for the dissolution or annulment of the
472domestic partnership.
473     (2)  Each clerk of the circuit court shall maintain a
474registry of all domestic partnerships entered into in that
475circuit and a record of all certificates of domestic partnership
476issued which includes the names of the partners and the date of
477issuance.
478     (3)  Notwithstanding s. 382.025 or any other law, the
479registry of domestic partnerships maintained by a clerk of the
480circuit court is a public record and subject to full disclosure.
481     Section 19.  Section 741.505, Florida Statutes, is created
482to read:
483     741.505  Domestic partnership requirements.-
484     (1)  Two individuals wishing to become partners in a
485domestic partnership recognized by this state must complete and
486file a Declaration of Domestic Partnership form with a clerk of
487the circuit court. The declaration must include:
488     (a)  A statement attesting that each individual is 18 years
489of age or older and is otherwise capable of entering into a
490domestic partnership. The clerk may accept any reasonable proof
491of an individual's age which is satisfactory to the clerk. The
492clerk may also require proof of age by affidavit of some
493individual other than the parties seeking to file the form if
494the clerk deems it necessary.
495     (b)  A statement attesting that at least one of the
496individuals is a resident of this state.
497     (c)  Each individual's mailing address.
498     (d)  A statement attesting that each individual consents to
499the jurisdiction of the circuit courts of this state for the
500purpose of an action to obtain a judgment of dissolution or
501annulment of the domestic partnership or for legal separation of
502the partners, or for any other proceeding relating to the
503partners' rights and obligations, even if one or both partners
504cease to reside or maintain a domicile in this state.
505     (e)  The notarized signature of each individual, along with
506a declaration that the representations made on the form are
507true, correct, and contain no material omissions of fact to the
508best knowledge and belief of the each individual.
509     (2)  Notwithstanding s. 61.021, each person signing a
510Declaration of Domestic Partnership form consents to the
511jurisdiction of the circuit courts of this state for the purpose
512of an action to obtain a judgment of dissolution or annulment of
513the domestic partnership, for legal separation of the partners
514in the domestic partnership, or for any other proceeding related
515to the partners' rights and obligations, even if one or both
516partners cease to reside or maintain a domicile in this state.
517     (3)  A person who provides intentionally and materially
518false information on a Declaration of Domestic Partnership form
519with the clerk of court commits a misdemeanor of the first
520degree, punishable as provided in s. 775.082 or s. 775.083.
521     (4)  If all legal requirements have been satisfied and
522there appears to be no impediment to the domestic partnership,
523the clerk of the circuit court shall:
524     (a)  Return a copy of the registered form to the partners;
525     (b)  Register the Declaration of Domestic Partnership in a
526domestic partnership registry; and
527     (c)  Issue a Certificate of Registered Domestic Partnership
528under his or her hand and seal to the partners in person or at
529the mailing address provided by the partners.
530     Section 20.  Section 741.506, Florida Statutes, is created
531to read:
532     741.506  Domestic partnership; name change.-Upon entering
533into a domestic partnership, a partner may retain his or her
534previous surname, or, if changed, may resume the previous legal
535name during the domestic partnership.
536     Section 21.  Section 741.507, Florida Statutes, is created
537to read:
538     741.507  Domestic partnership; rights and responsibilities;
539relationship to federal law.-
540     (1)  Any privilege, immunity, right, or benefit granted by
541statute, administrative or court rule, policy, common law, or
542any other law to an individual because the individual is or was
543related to another individual by marriage as an in-law is
544granted on equivalent terms, substantive and procedural, to an
545individual who is or was in a domestic partnership or who is or
546was similarly related as an in-law to an individual
547participating in a domestic partnership.
548     (2)  Any responsibility imposed by statute, administrative
549or court rule, policy, common law, or any other law on an
550individual because the individual is or was related to another
551individual by marriage as an in-law is imposed on equivalent
552terms, substantive and procedural, on an individual who is or
553was in a domestic partnership or who is or was similarly related
554as an in-law to an individual participating in a domestic
555partnership.
556     (3)  Any privilege, immunity, right, benefit, or
557responsibility granted to or imposed by statute, administrative
558or court rule, policy, common law, or any other law on a spouse
559with respect to a child of either of the spouses is granted to
560or imposed on equivalent terms, substantive and procedural, on
561an individual in a domestic partnership with respect to a child
562of either of the partners.
563     (4)  Any privilege, immunity, right, benefit, or
564responsibility granted or imposed by statute, administrative or
565court rule, policy, common law, or any other law to or on a
566former or surviving spouse with respect to a child of either of
567the spouses is granted to or imposed on equivalent terms,
568substantive and procedural, on a former or surviving partner
569with respect to a child of either of the partners.
570     (5)  For purposes of administering the tax laws of this
571state, partners in a domestic partnership, surviving partners in
572a domestic partnership, and the children of partners in a
573domestic partnership have the same privileges, immunities,
574rights, benefits, and responsibilities as are granted to or
575imposed on spouses in a marriage, surviving spouses, and their
576children.
577     (6)  Many of the laws of this state are intertwined with
578federal law, and the Legislature recognizes that it does not
579have the jurisdiction to control or implement federal laws or
580the privileges, immunities, rights, benefits, and
581responsibilities related to federal laws.
582     (7)  Sections 741.502-741.510 do not require or permit the
583extension of any benefit under any retirement, deferred
584compensation, or other employee benefit plan, if the plan
585administrator reasonably concludes that the extension of
586benefits would conflict with a condition for the tax
587qualification of the plan, or a condition for other favorable
588tax treatment of the plan, under the Internal Revenue Code or
589adopted regulations.
590     (8)  Sections 741.502-741.510 do not require the extension
591of any benefit under any employee benefit plan that is subject
592to federal regulation under the Employee Retirement Income
593Security Act of 1974.
594     Section 22.  Section 741.508, Florida Statutes, is created
595to read:
596     741.508  Domestic partnerships prohibited and void.-
597     (1)  The following domestic partnerships are prohibited and
598void:
599     (a)  If either party to the domestic partnership currently
600has a different partner, or a wife or husband recognized by this
601state, living at the time of entering into the domestic
602partnership.
603     (b)  If the parties to the domestic partnership are related
604by lineal consanguinity or are siblings, or if one party is the
605niece or nephew of the other party.
606     (c)  If either party to a domestic partnership is incapable
607of making the civil contract or consenting to the contract for
608want of legal age or sufficient understanding.
609     (2)  If the consent of either party is obtained by force or
610fraud, the domestic partnership is void from the time it is so
611declared by a judgment of a court having jurisdiction of the
612domestic partnership.
613     (3)  An individual who has filed a Declaration of Domestic
614Partnership form may not file a new Declaration of Domestic
615Partnership form or enter a marriage recognized in this state
616with someone other than the individual's registered partner
617unless a judgment of dissolution or annulment of the most recent
618domestic partnership has been entered. This prohibition does not
619apply if the previous domestic partnership ended because one of
620the partners died.
621     Section 23.  Section 741.509, Florida Statutes, is created
622to read:
623     741.509  Fees.-
624     (1)  The clerk of the circuit court shall collect and
625receive a fee of $2 for receiving a Declaration of Domestic
626Partnership form completed in accordance with s. 741.505. In
627addition:
628     (a)  A fee of $25 shall be collected and deposited in the
629Domestic Violence Trust Fund for the purposes provided in s.
630741.01(2).
631     (b)  A fee of $7.50 shall be collected for deposit in the
632Displaced Homemaker Trust Fund created in s. 446.50.
633     (c)  A fee of $25 shall be collected and remitted to the
634Department of Revenue for deposit, monthly, into the General
635Revenue Fund.
636     (d)  A fee of $4 shall be collected and distributed as
637provided in s. 382.022.
638     (2)  An applicant for a Certificate of Registered Domestic
639Partnership who is unable to pay the fees required under
640subsection (1) in a lump sum may make payment in not more than
641three installments over a period of 90 days. The clerk shall
642accept installment payments upon receipt of an affidavit that
643the applicant is unable to pay the fees in a lump-sum payment.
644Upon receipt of the third or final installment payment, the
645Declaration of Domestic Partnership shall be deemed filed, and
646the clerk shall issue the Certificate of Registered Domestic
647Partnership and distribute the fees as appropriate. If the fee
648is paid in installments, the clerk shall retain $1 from the
649additional fee imposed pursuant to paragraph (1)(c) as a
650processing fee.
651     Section 24.  Section 741.510, Florida Statutes, is created
652to read:
653     741.510  Proof domestic partnership where certificate is
654not available.-If a Declaration of Domestic Partnership has been
655received in accordance with s. 741.505 and the clerk has not
656registered such declaration as required by that section, if a
657Certificate of Registered Domestic Partnership has been lost, or
658if by reason of death or other cause the certificate cannot be
659obtained, the domestic partnership may be proved by affidavit
660before any officer authorized to administer oaths made by two
661competent witnesses who were present and saw the Declaration of
662Domestic Partnership executed under s. 741.505, which affidavit
663may be filed and recorded in the office of clerk of the circuit
664in which the Declaration of Domestic Partnership was registered,
665with the same force and effect as if the proper certificate has
666been made, returned, and recorded.
667     Section 25.  For the purpose of incorporating the amendment
668made by this act to section 741.28, Florida Statutes, in a
669reference thereto, paragraph (b) of subsection (1) of section
670921.0024, Florida Statutes, is reenacted to read:
671     921.0024  Criminal Punishment Code; worksheet computations;
672scoresheets.-
673     (1)
674
(b)  WORKSHEET KEY:
675
676Legal status points are assessed when any form of legal status
677existed at the time the offender committed an offense before the
678court for sentencing. Four (4) sentence points are assessed for
679an offender's legal status.
680
681Community sanction violation points are assessed when a
682community sanction violation is before the court for sentencing.
683Six (6) sentence points are assessed for each community sanction
684violation and each successive community sanction violation,
685unless any of the following apply:
686     1.  If the community sanction violation includes a new
687felony conviction before the sentencing court, twelve (12)
688community sanction violation points are assessed for the
689violation, and for each successive community sanction violation
690involving a new felony conviction.
691     2.  If the community sanction violation is committed by a
692violent felony offender of special concern as defined in s.
693948.06:
694     a.  Twelve (12) community sanction violation points are
695assessed for the violation and for each successive violation of
696felony probation or community control where:
697     (I)  The violation does not include a new felony
698conviction; and
699     (II)  The community sanction violation is not based solely
700on the probationer or offender's failure to pay costs or fines
701or make restitution payments.
702     b.  Twenty-four (24) community sanction violation points
703are assessed for the violation and for each successive violation
704of felony probation or community control where the violation
705includes a new felony conviction.
706
707Multiple counts of community sanction violations before the
708sentencing court shall not be a basis for multiplying the
709assessment of community sanction violation points.
710
711Prior serious felony points: If the offender has a primary
712offense or any additional offense ranked in level 8, level 9, or
713level 10, and one or more prior serious felonies, a single
714assessment of thirty (30) points shall be added. For purposes of
715this section, a prior serious felony is an offense in the
716offender's prior record that is ranked in level 8, level 9, or
717level 10 under s. 921.0022 or s. 921.0023 and for which the
718offender is serving a sentence of confinement, supervision, or
719other sanction or for which the offender's date of release from
720confinement, supervision, or other sanction, whichever is later,
721is within 3 years before the date the primary offense or any
722additional offense was committed.
723
724Prior capital felony points: If the offender has one or more
725prior capital felonies in the offender's criminal record, points
726shall be added to the subtotal sentence points of the offender
727equal to twice the number of points the offender receives for
728the primary offense and any additional offense. A prior capital
729felony in the offender's criminal record is a previous capital
730felony offense for which the offender has entered a plea of nolo
731contendere or guilty or has been found guilty; or a felony in
732another jurisdiction which is a capital felony in that
733jurisdiction, or would be a capital felony if the offense were
734committed in this state.
735
736Possession of a firearm, semiautomatic firearm, or machine gun:
737If the offender is convicted of committing or attempting to
738commit any felony other than those enumerated in s. 775.087(2)
739while having in his or her possession: a firearm as defined in
740s. 790.001(6), an additional eighteen (18) sentence points are
741assessed; or if the offender is convicted of committing or
742attempting to commit any felony other than those enumerated in
743s. 775.087(3) while having in his or her possession a
744semiautomatic firearm as defined in s. 775.087(3) or a machine
745gun as defined in s. 790.001(9), an additional twenty-five (25)
746sentence points are assessed.
747
748Sentencing multipliers:
749
750Drug trafficking: If the primary offense is drug trafficking
751under s. 893.135, the subtotal sentence points are multiplied,
752at the discretion of the court, for a level 7 or level 8
753offense, by 1.5. The state attorney may move the sentencing
754court to reduce or suspend the sentence of a person convicted of
755a level 7 or level 8 offense, if the offender provides
756substantial assistance as described in s. 893.135(4).
757
758Law enforcement protection: If the primary offense is a
759violation of the Law Enforcement Protection Act under s.
760775.0823(2), (3), or (4), the subtotal sentence points are
761multiplied by 2.5. If the primary offense is a violation of s.
762775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
763are multiplied by 2.0. If the primary offense is a violation of
764s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
765Protection Act under s. 775.0823(10) or (11), the subtotal
766sentence points are multiplied by 1.5.
767
768Grand theft of a motor vehicle: If the primary offense is grand
769theft of the third degree involving a motor vehicle and in the
770offender's prior record, there are three or more grand thefts of
771the third degree involving a motor vehicle, the subtotal
772sentence points are multiplied by 1.5.
773
774Offense related to a criminal gang: If the offender is convicted
775of the primary offense and committed that offense for the
776purpose of benefiting, promoting, or furthering the interests of
777a criminal gang as prohibited under s. 874.04, the subtotal
778sentence points are multiplied by 1.5.
779
780Domestic violence in the presence of a child: If the offender is
781convicted of the primary offense and the primary offense is a
782crime of domestic violence, as defined in s. 741.28, which was
783committed in the presence of a child under 16 years of age who
784is a family or household member as defined in s. 741.28(3) with
785the victim or perpetrator, the subtotal sentence points are
786multiplied by 1.5.
787     Section 26.  For the purpose of incorporating the amendment
788made by this act to section 741.28, Florida Statutes, in a
789reference thereto, paragraph (b) of subsection (2) of section
790943.171, Florida Statutes, is reenacted to read:
791     943.171  Basic skills training in handling domestic
792violence cases.-
793     (2)  As used in this section, the term:
794     (b)  "Household member" has the meaning set forth in s.
795741.28(3).
796     Section 27.  This act shall take effect July 1, 2010.


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