HB 337

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; amending
9s. 382.002, F.S.; defining the term "dissolution of a
10domestic partnership" for purposes of vital records;
11including domestic partnerships and dissolution of
12domestic partnership as vital records in this state;
13conforming cross-references; amending s. 382.003, F.S.;
14requiring the Department of Health to examine all
15certificates of domestic partnership forms and dissolution
16of domestic partnership reports sent from the courts;
17amending s. 382.0085, F.S.; conforming a cross-reference;
18amending s. 382.021, F.S.; requiring the clerk of the
19circuit court to transmit all original declarations of
20domestic partnership to the Department of Health by a
21specified date each month; amending s. 382.022, F.S.;
22requiring the clerk of the circuit court to collect a fee
23after registering a domestic partnership; amending s.
24382.023, F.S.; requiring the clerk of the circuit court to
25collect a fee upon filing a final judgment for a
26dissolution of domestic partnership; amending s. 382.025,
27F.S.; authorizing the Department of Health to issue a
28certified copy of certain vital records to a domestic
29partner; amending s. 382.0255, F.S.; providing that the
30Department of Health is entitled to a specified fee for
31the issuance of a commemorative certificate of domestic
32partnership; amending s. 446.50, F.S.; requiring that
33certain fees relating to declarations of domestic
34partnership and dissolution of domestic partnership
35filings be deposited in the Displaced Homemaker Trust
36Fund; amending s. 741.28, F.S.; redefining the term
37"family or household member" in the context of domestic
38violence to include a domestic partnership; creating s.
39741.501, F.S.; providing legislative findings; creating s.
40741.502, F.S.; defining terms; creating s. 741.503, F.S.;
41requiring the Department of Health to create and
42distribute the Declaration of Domestic Partnership and
43Certificate of Registered Domestic Partnership forms to
44each clerk of the circuit court; requiring the department
45and each clerk of the circuit court to make the
46Declaration of Domestic Partnership form available to the
47public; creating s. 741.504, F.S.; providing that the
48circuit court has jurisdiction over domestic partnership
49proceedings; requiring the clerk of the circuit court to
50maintain a domestic partnership registry; providing that
51the registry is a public record; creating s. 741.505,
52F.S.; requiring two individuals who wish to become
53partners in a domestic partnership to complete and file a
54Declaration of Domestic Partnership form with the clerk of
55the circuit court; specifying the required contents of the
56completed form; providing that each partner who signs the
57form consents to the jurisdiction of the circuit court for
58certain purposes; providing that if a person files an
59intentionally and materially false form, he or she commits
60a misdemeanor of the first degree; providing criminal
61penalties; requiring the clerk of the circuit court to
62register the Declaration of Domestic Partnership in a
63domestic partnership registry and issue a Certificate of
64Registered Domestic Partnership; creating s. 741.506,
65F.S.; authorizing the domestic partners to retain
66surnames; creating s. 741.507, F.S.; providing that any
67privilege or responsibility granted or imposed by statute,
68administrative or court rule, policy, common law, or any
69other law to an individual because the individual is or
70was related to another by marriage, or is a child of
71either of the spouses, is granted on equivalent terms to
72domestic partners or individuals similarly related to
73domestic partners; providing that the act does not require
74or permit the extension of any benefit under a retirement,
75deferred compensation, or other employee benefit plan, if
76the plan administrator reasonably concludes that the
77extension of benefits to partners would conflict with a
78condition for tax qualification of the plan, or a
79condition for other favorable tax treatment of the plan,
80under the Internal Revenue Code; creating s. 741.508,
81F.S.; specifying prohibited or void domestic partnerships;
82creating s. 741.509, F.S.; requiring that the clerk of the
83circuit court collect certain fees for receiving a
84Declaration of Domestic Partnership; authorizing the clerk
85of the circuit court to accept installment payments from
86individuals who are unable to pay the fees in a lump sum;
87creating s. 741.510, F.S.; providing methods to prove the
88existence of a registered Declaration Domestic Partnership
89when the certificate document has been lost or is
90otherwise unavailable; creating s. 741.511, F.S.;
91providing for termination of a domestic partnership;
92providing for notice; providing for the effective date of
93the termination; providing for registration of the
94termination; requiring records of certain terminations to
95be maintained; providing for automatic termination of
96partnership if either party enters into a valid marriage;
97providing for a reasonable fee for termination; reenacting
98ss. 921.0024(1)(b) and 943.171(2)(b), F.S., relating to
99the worksheet form for the Criminal Punishment Code and
100the basic skills training for domestic violence cases,
101respectively, to incorporate the amendments made to s.
102741.28, F.S., in references thereto; providing an
103effective date.
104
105Be It Enacted by the Legislature of the State of Florida:
106
107     Section 1.  Section 28.101, Florida Statutes, is amended to
108read:
109     28.101  Petitions and records of dissolution of marriage
110and domestic partnership; additional charges.-
111     (1)  When a party petitions for a dissolution of marriage
112or dissolution of domestic partnership, in addition to the
113filing charges in s. 28.241, the clerk shall collect and
114receive:
115     (a)  A charge of $5. On a monthly basis, the clerk shall
116transfer the moneys collected pursuant to this paragraph to the
117Department of Revenue for deposit in the Child Welfare Training
118Trust Fund created in s. 402.40.
119     (b)  A charge of $5. On a monthly basis, the clerk shall
120transfer the moneys collected pursuant to this paragraph to the
121Department of Revenue for deposit in the Displaced Homemaker
122Trust Fund created in s. 446.50. If a petitioner does not have
123sufficient funds with which to pay this fee and signs an
124affidavit so stating, all or a portion of the fee shall be
125waived subject to a subsequent order of the court relative to
126the payment of the fee.
127     (c)  A charge of $55. On a monthly basis, the clerk shall
128transfer the moneys collected pursuant to this paragraph to the
129Department of Revenue for deposit in the Domestic Violence Trust
130Fund. Such funds which are generated shall be directed to the
131Department of Children and Family Services for the specific
132purpose of funding domestic violence centers.
133     (d)  A charge of $32.50. On a monthly basis, the clerk
134shall transfer the moneys collected pursuant to this paragraph
135as follows:
136     1.  An amount of $7.50 to the Department of Revenue for
137deposit in the Displaced Homemaker Trust Fund.
138     2.  An amount of $25 to the Department of Revenue for
139deposit in the General Revenue Fund.
140     (2)  Upon receipt of a final judgment of dissolution of
141marriage or dissolution of domestic partnership for filing, and
142in addition to the filing charges in s. 28.241, the clerk may
143collect and receive a service charge of up to $10.50 pursuant to
144s. 382.023 for the recording and reporting the of such final
145judgment of dissolution of marriage to the Department of Health.
146     Section 2.  Subsection (23) of section 28.24, Florida
147Statutes, is amended to read:
148     28.24  Service charges by clerk of the circuit court.-The
149clerk of the circuit court shall charge for services rendered by
150the clerk's office in recording documents and instruments and in
151performing the duties enumerated in amounts not to exceed those
152specified in this section. Notwithstanding any other provision
153of this section, the clerk of the circuit court shall provide
154without charge to the state attorney, public defender, guardian
155ad litem, public guardian, attorney ad litem, criminal conflict
156and civil regional counsel, and private court-appointed counsel
157paid by the state, and to the authorized staff acting on behalf
158of each, access to and a copy of any public record, if the
159requesting party is entitled by law to view the exempt or
160confidential record, as maintained by and in the custody of the
161clerk of the circuit court as provided in general law and the
162Florida Rules of Judicial Administration. The clerk of the
163circuit court may provide the requested public record in an
164electronic format in lieu of a paper format when capable of
165being accessed by the requesting entity.
166
167Charges
168
169     (23)  Upon receipt of an application for a marriage license
170or a declaration of domestic partnership, for preparing and
171administering of oath; issuing, sealing, and recording of the
172marriage license or registering the domestic partnership; and
173providing a certified copy     30.00
174     Section 3.  Subsection (2) of section 97.1031, Florida
175Statutes, is amended to read:
176     97.1031  Notice of change of residence, change of name, or
177change of party affiliation.-
178     (2)  When an elector moves from the address named on that
179person's voter registration record to another address in a
180different county but within the state, the elector seeks to
181change party affiliation, or the name of an elector is changed
182by marriage, domestic partnership, or other legal process, the
183elector shall provide notice of such change to a voter
184registration official using a voter registration application
185signed by the elector. A voter information card reflecting the
186new information shall be issued to the elector as provided in
187subsection (3).
188     Section 4.  Present subsections (5) through (16) of section
189382.002, Florida Statutes, are renumbered as subsections (6)
190through (17), respectively, a new subsection (5) is added to
191that section, and present subsections (7), (8), and (15) of that
192section are amended, to read:
193     382.002  Definitions.-As used in this chapter, the term:
194     (5)  "Dissolution of domestic partnership" includes an
195annulment of domestic partnership.
196     (8)(7)  "Final disposition" means the burial, interment,
197cremation, removal from the state, or other authorized
198disposition of a dead body or a fetus as described in subsection
199(7) (6). In the case of cremation, dispersion of ashes or
200cremation residue is considered to occur after final
201disposition; the cremation itself is considered final
202disposition.
203     (9)(8)  "Funeral director" means a licensed funeral
204director or direct disposer licensed pursuant to chapter 497 or
205other person who first assumes custody of or effects the final
206disposition of a dead body or a fetus as described in subsection
207(7) (6).
208     (16)(15)  "Vital records" or "records" means certificates
209or reports of birth, death, fetal death, marriage, domestic
210partnership, dissolution of marriage or domestic partnership,
211name change filed pursuant to s. 68.07, and data related
212thereto.
213     Section 5.  Subsection (7) of section 382.003, Florida
214Statutes, is amended to read:
215     382.003  Powers and duties of the department.-The
216department shall:
217     (7)  Approve all forms used in registering, recording,
218certifying, and preserving vital records, or in otherwise
219carrying out the purposes of this chapter, and no other forms
220may not shall be used other than those approved by the
221department. The department is responsible for the careful
222examination of the certificates received monthly from the local
223registrars and marriage certificates, certificates of domestic
224partnership, and dissolution of marriage and domestic
225partnership reports received from the circuit and county courts.
226A certificate that is complete and satisfactory shall be
227accepted and given a state file number and considered a state-
228filed record. If any such certificates are incomplete or
229unsatisfactory, the department shall require further information
230to be supplied as may be necessary to make the record complete
231and satisfactory. All physicians, midwives, informants, or
232funeral directors, and all other persons having knowledge of the
233facts, are required to supply, upon a form approved by the
234department or upon the original certificate, such information as
235they may possess regarding any vital record.
236     Section 6.  Subsection (9) of section 382.0085, Florida
237Statutes, is amended to read:
238     382.0085  Stillbirth registration.-
239     (9)  This section or s. 382.002(15)(14) may not be used to
240establish, bring, or support a civil cause of action seeking
241damages against any person or entity for bodily injury, personal
242injury, or wrongful death for a stillbirth.
243     Section 7.  Section 382.021, Florida Statutes, is amended
244to read:
245     382.021  Department to receive marriage licenses and
246declarations of domestic partnership.-On or before the 5th day
247of each month, the county court judge or clerk of the circuit
248court shall transmit to the department all original marriage
249licenses, with endorsements, and all declarations of domestic
250partnership received during the preceding calendar month, to the
251department. Any marriage licenses or declarations of domestic
252partnership issued and not returned, or any marriage licenses
253returned but not recorded, shall be
254county court judge or clerk of the circuit court to the
255department at the time of transmitting the recorded licenses or
256declarations on the forms to be prescribed and furnished by the
257department. If during any month no marriage licenses or
258declarations of domestic partnership are issued or returned, the
259county court judge or clerk of the circuit court shall report
260such fact to the department upon forms prescribed and furnished
261by the department.
262     Section 8.  Section 382.022, Florida Statutes, is amended
263to read:
264     382.022  Marriage application; registration of domestic
265partnership; fees.-Upon the receipt of each application for the
266issuance of a marriage license or registering a domestic
267partnership, the county court judge or clerk of the circuit
268court shall, pursuant to s. 741.02, collect and receive a fee of
269$4 which shall be remitted to the Department of Revenue for
270deposit to the Department of Health to defray part of the cost
271of maintaining marriage and domestic partnership records.
272     Section 9.  Section 382.023, Florida Statutes, is amended
273to read:
274     382.023  Department to receive dissolution-of-marriage and
275dissolution-of-domestic-partnership records; fees.-Clerks of the
276circuit courts shall collect for their services At the time of
277the filing of a final judgment of dissolution of marriage or
278dissolution of domestic partnership, the clerk of the circuit
279court shall collect a fee of up to $10.50, of which 43 percent
280shall be retained by the clerk of the circuit court as a part of
281the cost in the cause in which the judgment is granted. The
282remaining 57 percent shall be remitted to the Department of
283Revenue for deposit to the Department of Health to defray part
284of the cost of maintaining the dissolution-of-marriage and
285dissolution-of-domestic-partnership records. A record of each
286and every judgment of dissolution of marriage and dissolution of
287domestic partnership granted by the court during the preceding
288calendar month, giving names of parties and such other data as
289required by forms prescribed by the department, shall be
290transmitted to the department, on or before the 10th day of each
291month, along with an accounting of the funds remitted to the
292Department of Revenue pursuant to this section.
293     Section 10.  Paragraph (a) of subsection (1) and paragraphs
294(a) and (c) of subsection (2) of section 382.025, Florida
295Statutes, are amended to read:
296     382.025  Certified copies of vital records;
297confidentiality; research.-
298     (1)  BIRTH RECORDS.-Except for birth records over 100 years
299old which are not under seal pursuant to court order, all birth
300records of this state shall be confidential and are exempt from
301the provisions of s. 119.07(1).
302     (a)  Certified copies of the original birth certificate or
303a new or amended certificate, or affidavits thereof, are
304confidential and exempt from the provisions of s. 119.07(1) and,
305upon receipt of a request and payment of the fee prescribed in
306s. 382.0255, shall be issued only as authorized by the
307department and in the form prescribed by the department, and
308only:
309     1.  To the registrant, if of legal age;
310     2.  To the registrant's parent or guardian or other legal
311representative;
312     3.  Upon receipt of the registrant's death certificate, to
313the registrant's spouse or domestic partner or to the
314registrant's child, grandchild, or sibling, if of legal age, or
315to the legal representative of any of such persons;
316     4.  To any person if the birth record is over 100 years old
317and not under seal pursuant to court order;
318     5.  To a law enforcement agency for official purposes;
319     6.  To any agency of the state or the United States for
320official purposes upon approval of the department; or
321     7.  Upon order of any court of competent jurisdiction.
322     (2)  OTHER RECORDS.-
323     (a)  The department shall authorize the issuance of a
324certified copy of all or part of any marriage, domestic
325partnership, dissolution of marriage or domestic partnership, or
326death or fetal death certificate, excluding that portion which
327is confidential and exempt from the provisions of s. 119.07(1)
328as provided under s. 382.008, to any person requesting it upon
329receipt of a request and payment of the fee prescribed by this
330section. A certification of the death or fetal death certificate
331which includes the confidential portions shall be issued only:
332     1.  To the registrant's spouse, domestic partner, or
333parent, or to the registrant's child, grandchild, or sibling, if
334of legal age, or to any person who provides a will that has been
335executed pursuant to s. 732.502, insurance policy, or other
336document that demonstrates his or her interest in the estate of
337the registrant, or to any person who provides documentation that
338he or she is acting on behalf of any of them;
339     2.  To any agency of the state or local government or the
340United States for official purposes upon approval of the
341department; or
342     3.  Upon order of any court of competent jurisdiction.
343     (c)  The department shall issue, upon request and upon
344payment of an additional fee prescribed by this section, a
345commemorative marriage license or certificate of domestic
346partnership representing that the marriage or domestic
347partnership of the persons named thereon is recorded in the
348office of the registrar. The certificate issued under this
349paragraph must shall be in a form consistent with the need to
350protect the integrity of vital records but must shall be
351suitable for display. It may bear the seal of the state printed
352thereon and may be signed by the Governor.
353     Section 11.  Paragraph (i) of subsection (1) of section
354382.0255, Florida Statutes, is amended to read:
355     382.0255  Fees.-
356     (1)  The department is entitled to fees, as follows:
357     (i)  Twenty-five dollars for a commemorative certificate of
358birth, or marriage, or domestic partnership. Fees collected
359pursuant to this paragraph in excess of expenses shall be used
360available for use by the Regional Perinatal Intensive Care
361Centers (RPICC) Program to prevent child abuse and neglect.
362Funds derived from the issuance of commemorative marriage
363certificates shall be used available for use by the Improved
364Pregnancy Outcome Program.
365     Section 12.  Paragraph (b) of subsection (5) of section
366446.50, Florida Statutes, is amended to read:
367     446.50  Displaced homemakers; multiservice programs; report
368to the Legislature; Displaced Homemaker Trust Fund created.-
369     (5)  DISPLACED HOMEMAKER TRUST FUND.-
370     (b)  The trust fund shall receive funds generated from an
371additional fee on marriage license applications, declarations of
372domestic partnerships, and dissolution of marriage and domestic
373partnership filings as specified in ss. 741.01(3), 741.509, and
37428.101, respectively, and may receive funds from any other
375public or private source.
376     Section 13.  Subsection (3) of section 741.28, Florida
377Statutes, is amended to read:
378     741.28  Domestic violence; definitions.-As used in ss.
379741.28-741.31:
380     (3)  "Family or household member" means spouses;, former
381spouses;, persons related by blood, or marriage, or domestic
382partnership; persons who are presently residing together as if a
383family or who have resided together in the past as if a family;,
384and persons who are parents of a child in common regardless of
385whether they have been married. With the exception of persons
386who have a child in common, the family or household members must
387be currently residing or have in the past resided together in
388the same single dwelling unit.
389     Section 14.  Section 741.501, Florida Statutes, is created
390to read:
391     741.501  Legislative findings.-The Legislature finds that:
392     (1)  There are a significant number of individuals in this
393state who live together in important, personal, emotional, and
394economically committed relationships. Together, these
395individuals live, serve, and participate in the community, and
396often rear children and care for family members.
397     (2)  These familial relationships, often referred to as
398domestic partnerships, assist the state by providing a private
399network of support for the financial, physical, and emotional
400health of their participants.
401     (3)  The state has a strong interest in promoting stable
402and lasting families, and believes that all families should be
403provided with the opportunity to obtain necessary legal
404protections and status and the ability to achieve their fullest
405potential.
406     (4)  While some public and private institutions recognize
407domestic partnerships for limited purposes such as health
408benefits, hospital visitation, and medical decisionmaking for an
409incapacitated family member, many do not. Historically, legal
410recognition of marriage by the state is the primary and, in a
411number of instances, the exclusive source of numerous rights,
412benefits, and responsibilities available to families under the
413laws of this state.
414     (5)  The status of marriage in this state is limited by
415Art. I of the State Constitution to the union of one man and one
416woman and the Legislature does not seek to alter the definition
417of marriage in any way. The Legislature also finds, however,
418that recognition of domestic partnerships can provide an
419alternative mechanism for extending certain important rights and
420responsibilities to individuals who choose to form long-term,
421mutually supportive relationships. Such recognition will provide
422support to these familial relationships without affecting the
423definition of marriage, without creating or recognizing a legal
424relationship that is the substantial equivalent of marriage, and
425without affecting restrictions contained in federal law.
426     (6)  The decision to offer or seek a ceremony or blessing
427over the domestic partnership should be left to the dictates of
428each religious faith and to the preferences of the persons
429entering into the partnership. Sections 741.501-741.511 do not
430require performance of any solemnization ceremony to enter into
431a binding domestic partnership agreement and do not interfere
432with the right of each religious faith to choose freely to whom
433to grant the religious status, sacrament, or blessing of
434marriage under the rules and practices of that faith.
435     (7)  Because of the material and other support that these
436familial relationships provide to their participants, these
437relationships should be formally recognized and made uniform by
438law. Therefore, the Legislature declares that it is the policy
439of this state to establish and define the rights and
440responsibilities of domestic partners.
441     Section 15.  Section 741.502, Florida Statutes, is created
442to read:
443     741.502  Definitions.-As used in ss. 741.501-741.511, the
444term:
445     (1)  "Department" means the Department of Health.
446     (2)  "Domestic partnership" means a civil contract entered
447into between two individuals who are 18 years of age or older
448and otherwise capable, of which at least one of whom is a
449resident of this state.
450     (3)  "Partner" means an individual joined in a domestic
451partnership.
452     Section 16.  Section 741.503, Florida Statutes, is created
453to read:
454     741.503  Forms.-
455     (1)  Pursuant to s. 382.003(7), the department shall
456prepare forms entitled:
457     (a)  "Declaration of Domestic Partnership" which meets the
458requirements of s. 741.505.
459     (b)  "Certificate of Registered Domestic Partnership."
460     (2)  The department shall distribute the Declaration of
461Domestic Partnership and Certificate of Registered Domestic
462Partnership forms to each clerk of the circuit court. The
463department and each clerk shall make the Declaration of Domestic
464Partnership form available to the public.
465     Section 17.  Section 741.504, Florida Statutes, is created
466to read:
467     741.504  Court jurisdiction and duties; registry.-
468     (1)  The circuit court has jurisdiction over any proceeding
469relating to the domestic partners' rights and obligations.
470     (2)  Each clerk of the circuit court shall maintain a
471registry of all domestic partnerships entered into in that
472circuit and a record of all certificates of domestic partnership
473issued which includes the names of the partners and the date of
474issuance.
475     (3)  Notwithstanding s. 382.025 or any other law, the
476registry of domestic partnerships maintained by a clerk of the
477circuit court is a public record and subject to full disclosure.
478     Section 18.  Section 741.505, Florida Statutes, is created
479to read:
480     741.505  Domestic partnership requirements.-
481     (1)  Two individuals wishing to become partners in a
482domestic partnership recognized by this state must complete and
483file a Declaration of Domestic Partnership form with a clerk of
484the circuit court. The declaration must include:
485     (a)  A statement attesting that each individual is 18 years
486of age or older and is otherwise capable of entering into a
487domestic partnership. The clerk may accept any reasonable proof
488of an individual's age which is satisfactory to the clerk. The
489clerk may also require proof of age by affidavit of some
490individual other than the parties seeking to file the form if
491the clerk deems it necessary.
492     (b)  A statement attesting that at least one of the
493individuals is a resident of this state.
494     (c)  Each individual's mailing address.
495     (d)  A statement attesting that each individual consents to
496the jurisdiction of the circuit courts of this state for any
497proceeding relating to the partners' rights and obligations,
498even if one or both partners cease to reside or maintain a
499domicile in this state.
500     (e)  The notarized signature of each individual, along with
501a declaration that the representations made on the form are
502true, correct, and contain no material omissions of fact to the
503best knowledge and belief of the each individual.
504     (2)  Notwithstanding s. 61.021, each person signing a
505Declaration of Domestic Partnership form consents to the
506jurisdiction of the circuit courts of this state for any
507proceeding related to the partners' rights and obligations, even
508if one or both partners cease to reside or maintain a domicile
509in this state.
510     (3)  A person who provides intentionally and materially
511false information on a Declaration of Domestic Partnership form
512with the clerk of court commits a misdemeanor of the first
513degree, punishable as provided in s. 775.082 or s. 775.083.
514     (4)  If all legal requirements have been satisfied and
515there appears to be no impediment to the domestic partnership,
516the clerk of the circuit court shall:
517     (a)  Return a copy of the registered form to the partners;
518     (b)  Register the Declaration of Domestic Partnership in a
519domestic partnership registry; and
520     (c)  Issue a Certificate of Registered Domestic Partnership
521under his or her hand and seal to the partners in person or at
522the mailing address provided by the partners.
523     Section 19.  Section 741.506, Florida Statutes, is created
524to read:
525     741.506  Domestic partnership; name change.-Upon entering
526into a domestic partnership, a partner may retain his or her
527previous surname, or, if changed, may resume the previous legal
528name during the domestic partnership.
529     Section 20.  Section 741.507, Florida Statutes, is created
530to read:
531     741.507  Domestic partnership; rights and responsibilities;
532relationship to federal law.-
533     (1)  Any privilege, immunity, right, or benefit granted by
534statute, administrative or court rule, policy, common law, or
535any other law to an individual because the individual is or was
536related to another individual by marriage as an in-law is
537granted on equivalent terms, substantive and procedural, to an
538individual who is or was in a domestic partnership or who is or
539was similarly related as an in-law to an individual
540participating in a domestic partnership.
541     (2)  Any responsibility imposed by statute, administrative
542or court rule, policy, common law, or any other law on an
543individual because the individual is or was related to another
544individual by marriage as an in-law is imposed on equivalent
545terms, substantive and procedural, on an individual who is or
546was in a domestic partnership or who is or was similarly related
547as an in-law to an individual participating in a domestic
548partnership.
549     (3)  Any privilege, immunity, right, benefit, or
550responsibility granted to or imposed by statute, administrative
551or court rule, policy, common law, or any other law on a spouse
552with respect to a child of either of the spouses is granted to
553or imposed on equivalent terms, substantive and procedural, on
554an individual in a domestic partnership with respect to a child
555of either of the partners.
556     (4)  Any privilege, immunity, right, benefit, or
557responsibility granted or imposed by statute, administrative or
558court rule, policy, common law, or any other law to or on a
559former or surviving spouse with respect to a child of either of
560the spouses is granted to or imposed on equivalent terms,
561substantive and procedural, on a former or surviving partner
562with respect to a child of either of the partners.
563     (5)  For purposes of administering the tax laws of this
564state, partners in a domestic partnership, surviving partners of
565a domestic partnership, and the children of partners in a
566domestic partnership have the same privileges, immunities,
567rights, benefits, and responsibilities as are granted to or
568imposed on spouses in a marriage, surviving spouses, and their
569children.
570     (6)  Many of the laws of this state are intertwined with
571federal law, and the Legislature recognizes that it does not
572have the jurisdiction to control or implement federal laws or
573the privileges, immunities, rights, benefits, and
574responsibilities related to federal laws.
575     (7)  Sections 741.502-741.511 do not require or permit the
576extension of any benefit under any retirement, deferred
577compensation, or other employee benefit plan, if the plan
578administrator reasonably concludes that the extension of
579benefits would conflict with a condition for the tax
580qualification of the plan, or a condition for other favorable
581tax treatment of the plan, under the Internal Revenue Code or
582adopted regulations.
583     (8)  Sections 741.502-741.511 do not require the extension
584of any benefit under any employee benefit plan that is subject
585to federal regulation under the Employee Retirement Income
586Security Act of 1974.
587     Section 21.  Section 741.508, Florida Statutes, is created
588to read:
589     741.508  Domestic partnerships prohibited and void.-
590     (1)  The following domestic partnerships are prohibited and
591void:
592     (a)  If either party to the domestic partnership currently
593has a different partner, or a wife or husband recognized by this
594state, living at the time of entering into the domestic
595partnership.
596     (b)  If the parties to the domestic partnership are related
597by lineal consanguinity or are siblings, or if one party is the
598niece or nephew of the other party.
599     (c)  If either party to a domestic partnership is incapable
600of making the civil contract or consenting to the contract for
601want of legal age or sufficient understanding.
602     (2)  If the consent of either party is obtained by force or
603fraud, the domestic partnership is void from the time it is so
604declared by a judgment of a court having jurisdiction of the
605domestic partnership.
606     (3)  An individual who has filed a Declaration of Domestic
607Partnership form may not file a new Declaration of Domestic
608Partnership form or enter a marriage recognized in this state
609with someone other than the individual's registered partner
610unless a judgment of dissolution or annulment of the most recent
611domestic partnership has been entered. This prohibition does not
612apply if the previous domestic partnership ended because one of
613the partners died.
614     Section 22.  Section 741.509, Florida Statutes, is created
615to read:
616     741.509  Fees.-
617     (1)  The clerk of the circuit court shall collect and
618receive a fee of $2 for receiving a Declaration of Domestic
619Partnership form completed in accordance with s. 741.505. In
620addition:
621     (a)  A fee of $25 shall be collected and deposited in the
622Domestic Violence Trust Fund for the purposes provided in s.
623741.01(2).
624     (b)  A fee of $7.50 shall be collected for deposit in the
625Displaced Homemaker Trust Fund created in s. 446.50.
626     (c)  A fee of $25 shall be collected and remitted to the
627Department of Revenue for deposit, monthly, into the General
628Revenue Fund.
629     (d)  A fee of $4 shall be collected and distributed as
630provided in s. 382.022.
631     (2)  An applicant for a Certificate of Registered Domestic
632Partnership who is unable to pay the fees required under
633subsection (1) in a lump sum may make payment in not more than
634three installments over a period of 90 days. The clerk shall
635accept installment payments upon receipt of an affidavit that
636the applicant is unable to pay the fees in a lump-sum payment.
637Upon receipt of the third or final installment payment, the
638Declaration of Domestic Partnership shall be deemed filed, and
639the clerk shall issue the Certificate of Registered Domestic
640Partnership and distribute the fees as appropriate. If the fee
641is paid in installments, the clerk shall retain $1 from the
642additional fee imposed pursuant to paragraph (1)(c) as a
643processing fee.
644     Section 23.  Section 741.510, Florida Statutes, is created
645to read:
646     741.510  Proof domestic partnership where certificate is
647not available.-If a Declaration of Domestic Partnership has been
648received in accordance with s. 741.505 and the clerk has not
649registered such declaration as required by that section, if a
650Certificate of Registered Domestic Partnership has been lost, or
651if by reason of death or other cause the certificate cannot be
652obtained, the domestic partnership may be proved by affidavit
653before any officer authorized to administer oaths made by two
654competent witnesses who were present and saw the Declaration of
655Domestic Partnership executed under s. 741.505, which affidavit
656may be filed and recorded in the office of clerk of the circuit
657in which the Declaration of Domestic Partnership was registered,
658with the same force and effect as if the proper certificate has
659been made, returned, and recorded.
660     Section 24.  Section 741.511, Florida Statutes, is created
661to read:
662     741.511  Termination of partnership.-
663     (1)(a)  A party to a state-registered domestic partnership
664may terminate the relationship by filing a notice of termination
665of the state-registered domestic partnership with the department
666and paying the filing fee established under subsection (5). The
667notice must be signed by one or both parties and notarized. If
668the notice is not signed by both parties, the party seeking
669termination must also file with the department an affidavit
670stating either that the other party has been served in writing
671in the manner prescribed for the service of summons in a civil
672action, that a notice of termination is being filed, or that the
673party seeking termination has not been able to find the other
674party after reasonable effort and that notice has been made by
675publication pursuant to paragraph (b).
676     (b)  When the other party cannot be found after reasonable
677effort, the party seeking termination may provide notice by
678publication as provided in chapter 50 in the county in which the
679residence most recently shared by the domestic partners is
680located. Notice must be published at least once.
681     (2)  The state registered domestic partnership shall be
682terminated effective 90 days after the date of filing the notice
683of termination and payment of the filing fee.
684     (3)  Upon receipt of a signed, notarized notice of
685termination, affidavit, if required, and the filing fee, the
686department shall register the notice of termination and provide
687a certificate of termination of the state-registered domestic
688partnership to each party named on the notice. The department
689shall maintain a record of each notice of termination filed with
690it and each certificate of termination issued by it. The
691department shall maintain records of terminations of state-
692registered domestic partnerships, except for those state-
693registered domestic partnerships terminated under subsection
694(4).
695     (4)  A state-registered domestic partnership is
696automatically terminated if, subsequent to the registration of
697the domestic partnership with the department, either party or
698both parties enter into a marriage that is recognized as valid
699in this state, either with each other or with another person.
700     (5)  The department shall collect a reasonable fee for
701filing the declaration set by rule calculated to cover the
702department's costs, but not to exceed $50. Fees collected under
703this section shall be deposited in the department's
704Administrative Trust Fund.
705     Section 25.  For the purpose of incorporating the amendment
706made by this act to section 741.28, Florida Statutes, in a
707reference thereto, paragraph (b) of subsection (1) of section
708921.0024, Florida Statutes, is reenacted to read:
709     921.0024  Criminal Punishment Code; worksheet computations;
710scoresheets.-
711     (1)
712
(b)  WORKSHEET KEY:
713
714Legal status points are assessed when any form of legal status
715existed at the time the offender committed an offense before the
716court for sentencing. Four (4) sentence points are assessed for
717an offender's legal status.
718
719Community sanction violation points are assessed when a
720community sanction violation is before the court for sentencing.
721Six (6) sentence points are assessed for each community sanction
722violation and each successive community sanction violation,
723unless any of the following apply:
724     1.  If the community sanction violation includes a new
725felony conviction before the sentencing court, twelve (12)
726community sanction violation points are assessed for the
727violation, and for each successive community sanction violation
728involving a new felony conviction.
729     2.  If the community sanction violation is committed by a
730violent felony offender of special concern as defined in s.
731948.06:
732     a.  Twelve (12) community sanction violation points are
733assessed for the violation and for each successive violation of
734felony probation or community control where:
735     (I)  The violation does not include a new felony
736conviction; and
737     (II)  The community sanction violation is not based solely
738on the probationer or offender's failure to pay costs or fines
739or make restitution payments.
740     b.  Twenty-four (24) community sanction violation points
741are assessed for the violation and for each successive violation
742of felony probation or community control where the violation
743includes a new felony conviction.
744
745Multiple counts of community sanction violations before the
746sentencing court shall not be a basis for multiplying the
747assessment of community sanction violation points.
748
749Prior serious felony points: If the offender has a primary
750offense or any additional offense ranked in level 8, level 9, or
751level 10, and one or more prior serious felonies, a single
752assessment of thirty (30) points shall be added. For purposes of
753this section, a prior serious felony is an offense in the
754offender's prior record that is ranked in level 8, level 9, or
755level 10 under s. 921.0022 or s. 921.0023 and for which the
756offender is serving a sentence of confinement, supervision, or
757other sanction or for which the offender's date of release from
758confinement, supervision, or other sanction, whichever is later,
759is within 3 years before the date the primary offense or any
760additional offense was committed.
761
762Prior capital felony points: If the offender has one or more
763prior capital felonies in the offender's criminal record, points
764shall be added to the subtotal sentence points of the offender
765equal to twice the number of points the offender receives for
766the primary offense and any additional offense. A prior capital
767felony in the offender's criminal record is a previous capital
768felony offense for which the offender has entered a plea of nolo
769contendere or guilty or has been found guilty; or a felony in
770another jurisdiction which is a capital felony in that
771jurisdiction, or would be a capital felony if the offense were
772committed in this state.
773
774Possession of a firearm, semiautomatic firearm, or machine gun:
775If the offender is convicted of committing or attempting to
776commit any felony other than those enumerated in s. 775.087(2)
777while having in his or her possession: a firearm as defined in
778s. 790.001(6), an additional eighteen (18) sentence points are
779assessed; or if the offender is convicted of committing or
780attempting to commit any felony other than those enumerated in
781s. 775.087(3) while having in his or her possession a
782semiautomatic firearm as defined in s. 775.087(3) or a machine
783gun as defined in s. 790.001(9), an additional twenty-five (25)
784sentence points are assessed.
785
786Sentencing multipliers:
787
788Drug trafficking: If the primary offense is drug trafficking
789under s. 893.135, the subtotal sentence points are multiplied,
790at the discretion of the court, for a level 7 or level 8
791offense, by 1.5. The state attorney may move the sentencing
792court to reduce or suspend the sentence of a person convicted of
793a level 7 or level 8 offense, if the offender provides
794substantial assistance as described in s. 893.135(4).
795
796Law enforcement protection: If the primary offense is a
797violation of the Law Enforcement Protection Act under s.
798775.0823(2), (3), or (4), the subtotal sentence points are
799multiplied by 2.5. If the primary offense is a violation of s.
800775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
801are multiplied by 2.0. If the primary offense is a violation of
802s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
803Protection Act under s. 775.0823(10) or (11), the subtotal
804sentence points are multiplied by 1.5.
805
806Grand theft of a motor vehicle: If the primary offense is grand
807theft of the third degree involving a motor vehicle and in the
808offender's prior record, there are three or more grand thefts of
809the third degree involving a motor vehicle, the subtotal
810sentence points are multiplied by 1.5.
811
812Offense related to a criminal gang: If the offender is convicted
813of the primary offense and committed that offense for the
814purpose of benefiting, promoting, or furthering the interests of
815a criminal gang as prohibited under s. 874.04, the subtotal
816sentence points are multiplied by 1.5.
817
818Domestic violence in the presence of a child: If the offender is
819convicted of the primary offense and the primary offense is a
820crime of domestic violence, as defined in s. 741.28, which was
821committed in the presence of a child under 16 years of age who
822is a family or household member as defined in s. 741.28(3) with
823the victim or perpetrator, the subtotal sentence points are
824multiplied by 1.5.
825     Section 26.  For the purpose of incorporating the amendment
826made by this act to section 741.28, Florida Statutes, in a
827reference thereto, paragraph (b) of subsection (2) of section
828943.171, Florida Statutes, is reenacted to read:
829     943.171  Basic skills training in handling domestic
830violence cases.-
831     (2)  As used in this section, the term:
832     (b)  "Household member" has the meaning set forth in s.
833741.28(3).
834     Section 27.  This act shall take effect July 1, 2011.


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